Certificate of acceptance and transfer of a garage in 2020 - under a purchase and sale agreement, sample for rent, for sale, between individuals

In addition to the purchase and sale agreement, during the execution of the transaction for the transfer of ownership of the garage, the parties will have to draw up and sign an additional document - the transfer and acceptance certificate.

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For transactions related to the purchase and sale of capital real estate, this document is mandatory.

basic information

The act of acceptance and transfer of the garage acts as an addition to the main agreement. The main purpose of the transfer deed is to certify that the seller has actually fulfilled his obligation to transfer the garage, and the buyer has accepted the goods and paid the purchase price for it.

What information does it contain?

Since the act itself does not entail the emergence, change or termination of civil rights and obligations and cannot exist separately from the main contract, it is not worth transferring all the clauses from the DCP into it.

It is enough to refer to the DCP and indicate its number (if available), date, place of preparation and names of the parties involved. In other words, the act must allow identification of the policy in addition to which it was drawn up.

These are the points that must be indicated in the object acceptance certificate:

date and place of the act;
a detailed description of all deficiencies identified during the inspection of the garage;
an indication of who will eliminate the identified deficiencies and at whose expense;
a clause indicating the absence of claims on the part of the buyer and the acceptance of the garage in the condition in which it is at the time of purchase;
an indication of what additional accessories are supplied with the garage, the condition of these items;
details of the parties, addresses of location and/or residence, signatures, reference to the power of attorney (if a legal representative is acting on behalf of any party);
a garage purchase price clause indicating that money was actually transferred from the buyer to the seller.

What legal consequences occur after signing the act?

By signing the form, the buyer or tenant agrees that he is completely satisfied with the quality of the garage arrangement. The presence of a signed act by the executive authorities will be considered as proof that the inspection of the property during the sale took place, and there were no complaints about the condition of the garage.

Of particular importance is the date indicated on the acceptance form. On the day of signing the document, the following consequences occur:

if the garage is transferred for temporary use, rental payments begin to accrue;
upon sale, the premises de jure become the property of the new owner.

Legislation

There is no separate regulatory document devoted to the issues of drawing up a transfer deed.

The parties can use the so-called analogy of law, that is, apply the norms of any special law to relations not regulated by general law, but only if the relations regulated by special law are similar to relations not regulated by law.

So, for example, by analogy with the law, you can apply the provisions of Art. 8 Federal Law No. 214 of December 30, 2004 “On participation in shared construction...”.

Based on part 1 of this article, the transfer deed indicates:

transfer date;
basic parameters of the room;
other information at the discretion of the parties.

Purpose

The act solves several important problems:

certifies the fact of transfer by the seller of the object and the fact of its acceptance by the buyer;
protects the interests of the parties by recording the condition of the garage at the time the deed is signed, for the purpose of resolving disputes about the condition at any point in time before or after the actual transfer;
is an addition to the main contract and reveals in more detail the technical characteristics of the property, the presence, absence and condition of additional accessories, etc.

Carrying out an inspection

Before drawing up the deed, the parties need to check that each other has the documents necessary to conclude the main agreement, because a transfer deed without a contract simply has no legal force.

Here are the papers you will need:

passports or certificates of registration (depending on the status of the parties involved);
technical passport for the land plot;
garage registration certificate;
a document certifying the fact that the seller has joined the garage-building cooperative (if the object is corporate);
cadastral number of the land plot.

Rules for drawing up an act of acceptance of the transfer of a garage

The act is drawn up in a manner similar to the DCP, that is, by drawing up one document signed by the parties.

But the number of copies can be any. As a rule, the act is drawn up in 3 copies - one remains with the seller, the other with the buyer, and the third is sent to Rosreestr along with the rest of the documents for state registration of the main agreement.

Between individuals

Individuals must provide information that allows them to be accurately identified:

Full name as in the passport;
passport information (series, number, who issued it, date of issue, department code);
registration address and place of actual residence;
contact numbers, email address, etc.

Between legal entities

The form, essential terms and text of the act are practically the same depending on the parties involved.

However, in the section devoted to the details of the parties, slightly different parameters are indicated for legal entities:

full name of the company or its separate division;
TIN;
OGRN;
tax registration reason code;
registration and location address;
manager's phone number.

You should also indicate the name and position of the responsible person authorized to carry out transactions on behalf of the company. Typically, this responsible person is the CEO or founder.

By proxy

If another citizen/legal entity is acting on behalf of an individual or legal entity, you will need to draw up a power of attorney in the manner prescribed by Chapter 10 of the Civil Code of the Russian Federation.

Accordingly, the full name of the legal representative and details of the power of attorney must be indicated in the transfer and acceptance certificate.

Based on Part 1 of Art. 185.1. According to the Civil Code of the Russian Federation, a power of attorney must be certified by a notary if the authority provided for by it involves filing applications for state registration or disposing of registered rights in state registers.

It should be remembered that a power of attorney allows you to perform only certain actions specified in it. Therefore, vesting the representative with the appropriate powers must be indicated in the text of the power of attorney.

Samples

We offer you 2 samples of transfer deeds:

form of acceptance certificate for garage No. 1;
sample No. 2.

Features of drawing up a purchase and sale agreement

Experts advise using a ready-made garage sale and purchase agreement form for 2020 for individuals and filling it out according to the Rosreestr standard model. This will avoid mistakes when filling out the paper.

It can be compiled in advance. In this case, the contract specifies the main terms of the transaction

.
The preliminary preparation of the document acts as a guarantee confirming the intentions of the owner of the premises and the buyer. The paper will be valid until the main document is registered
. Such paper does not require registration. If an agreement for the sale of a garage is drawn up between individuals, the document must contain a number of mandatory information.

The paper must include the following information:

passport details of the parties to the transaction;
essential terms of the agreement;
real estate price;
additional conditions

Separately, it is worth drawing up a deed of transfer of the garage. The paper confirms that the buyer accepted the property from the seller without claims
.
It is not necessary to draw up a transfer deed
. However, experts advise taking action. Its implementation will avoid further property disputes.

Video

If the premises in the GSK are sold together with the land, the garage is not included in the category of indivisible real estate. Therefore, the plot is usually sold separately. For its sale, an independent contract is drawn up

.
If the site is leased, the right to use it goes to the new owner of the property
. The rental fee is usually included in the price of the garage.

If the premises and real estate are owned by the seller, the buyer must ensure the presence of cadastral documents and a technical plan of the building. If there are no papers, then ownership is carried out on a long-term lease basis. The buyer has the right to re-register the land in his name
. Subsequently, he can transfer the plot into ownership.

Algorithm of actions

Here is a short algorithm for drawing up a transfer and acceptance certificate:

coordination of the terms of the main agreement, its preparation and conclusion;
checking the documents of each party from each other;
drawing up a transfer deed in writing, containing the date, place of drawing up, information about the participants, the characteristics of the garage, its value, the condition of the property, signatures and contacts of the parties (can be drawn up either in handwritten or electronic form);
fulfillment of the requirements of the act - that is, the actual transfer of property from the seller to the buyer and the buyer’s acceptance of the garage, payment of the purchase price stipulated by the contract;
State registration of the transaction in Rosreestr.

The parties need to check the act for compliance with certain requirements:

the presence in it only of reliable information about the parties to the process;
the ability to accurately and completely identify the property based on information from the act;
the presence of a descriptive characteristic of the garage, its condition at the time of transfer.

When it's useful

A document signed by both parties may be useful in the following circumstances:

After the transaction was completed, the technical parameters of the object changed and hidden defects were revealed.
The buyer claims that the property was not transferred to his direct disposal.
One of the parties to the purchase and sale transaction claims that the other party has not fulfilled its obligations in full.
Certain circumstances led to the need for litigation due to a conflict situation.

REFERENCE! It is worth noting that the purchase and sale agreement is confirmation that the transaction took place, in turn, the act of acceptance of the transfer of property guarantees the fact that the parties have fulfilled the agreed conditions in full.

What is the penalty for not having a document?

Ab. 3 hours 1 tbsp. 556 of the Civil Code of the Russian Federation determines what legal consequences occur if one of the parties refuses to sign the transfer deed:

if the seller refuses, it is considered that he has not fulfilled his obligation to transfer the property;
if the buyer refuses, it is considered that he has not fulfilled his obligation to accept the property.

The transaction may simply not be registered with Rosreestr, and you will have to contact this department in most cases - for example, when renting a garage for a period of more than 1 year or when purchasing a garage recognized as capital.

Since the obligation of the party that refused to sign is considered unfulfilled, the main contract is declared invalid, after which the legal consequences defined in Art. 167 Civil Code of the Russian Federation.

Peculiarities

Some nuances:

in the act it is better not to indicate points that can be interpreted in two ways;
if the garage has significant deficiencies, they should be described in as much detail as possible, indicating the person who will be involved in their elimination;
You should indicate all the items that are in the garage at the time of its sale/rent.

Rent

The deed of transfer for a lease is no less important than for a sale. The document will allow you to prove that at the time of transfer the garage was actually in a certain condition, or that there were/were no items/property in it. It is also recommended to attach clear photographs of the interior and exterior of the garage to the deed.

According to the purchase and sale agreement

As a rule, the bulk of claims after a purchase arise from the buyer. To avoid litigation, it is necessary to indicate in the act that the parties have no mutual claims.

Home > CATEGORIES OF DISPUTES > SAMPLES OF AGREEMENTS > ACT OF ACCEPTANCE - TRANSFER OF REAL ESTATE parking space (Car spaces) under a contract of purchase and sale of real estate (parking lot, parking lot, garage, parking lot, box)

ACT

RECEPTION - TRANSFER OF REAL PROPERTY

parking space (Car spaces) under the contract of purchase and sale of real estate (parking lot, parking lot, garage, parking lot, box) dated January 22, 2020.

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Moscow region, Pushkino “___”___________ 2020

We, gr. Russian Federation Selodov Dmitry Vasilievich , born February 1, 1985, place of birth: mountains. Pushkino Moscow region, citizenship: Russian Federation, gender: male, passport of a citizen of the Russian Federation 40 07 066009, issued by the Pushkin State Department of the Moscow Region on December 6, 2005, unit code 502-050, registered at the address: Moscow city, Uchinskaya street, building 14 (fourteen), apartment 60 (sixty) hereinafter referred to as the “Seller”, on the one hand,

and gr. Russian Federation Mashenkov Sergey Vladimirovich , born March 9, 1983, place of birth: s. Petrovka, Sakmarsky district, Chita region, citizenship: Russian Federation, gender: male, passport of a citizen of the Russian Federation 88 13 390965, issued by TP No. 1 OUFMS of Russia for the Moscow region for the Sergiev Posad municipal district on June 20, 2014, subdivision code 500- 192, registered at the address: Moscow region, Pushkino city, Antonova street, building 1 (one), building 3 (three), apartment 5 (five), hereinafter referred to as the “Buyer” on the other hand , collectively referred to as the “Parties”, amounted to this Act as follows:

1. In accordance with the Real Estate Purchase and Sale Agreement dated January 22, 2020, the Seller transfers and the Buyer accepts the real estate parking space (Car space) - 1/321 (one three hundred and twenty-first) share in the right of common shared ownership non-residential building, purpose: non-residential building, name: underground parking, number of floors 2, including underground floors: 2, area 18822.0 (eighteen thousand eight hundred twenty-two point zero) sq. m, cadastral number 53:13:0070210:99240, representing 1 parking space on the floor - level -1 at number 103 (one hundred and three), located at the address: Moscow region, Pushkinsky district, urban settlement Pushkino, Pushkino city, Antonova street house 4 (one), building 1-a (one-a).

The number of parking spaces 3 (three) is indicated in accordance with the layout of parking spaces - Appendix No. 3 to the Agreement of participation in shared construction of October 10, 2014 No. P-103, registration date October 28, 2020, No. 50-50-13/101/2014 -444.

The area of parking space (Car space) number 3 is 19.6 square meters. m. (length 5.6 meters, width 3.5 meters within the boundaries of the dividing walls).

2. The total cost of the parking space (car space) transferred under this Act in the amount of 900,000 (nine hundred thousand) rubles 00 kopecks has been paid in full, which is confirmed by a receipt from Dmitry Vasilyevich Solodov on receipt of the amount of funds.

3. The condition of the transferred parking space corresponds to the agreement and the purposes of its use.

4. This Act comes into force from the moment it is signed by both Parties.

5. The parties have no mutual claims against each other, the obligations under the agreement have been fully fulfilled.

6. This Act is left in two copies having equal legal force, one for each of the Parties.

7. This Act is an integral part of the Agreement.

Salesman _________ ____________________________________________________

Buyer ________ ____________________________________________________

For questions regarding the drafting and examination of contracts, additional agreements, statements of claim, we recommend contacting a lawyer by phone - 8 (919) 722-05-32 Subscription services for individuals and legal entities -

How to draw up a garage acceptance certificate in 2020

basic information

What information does it contain?

What legal consequences occur after signing the act?

Legislation

Purpose

Carrying out an inspection

Rules for drawing up an act of acceptance of the transfer of a garage

Between individuals

Between legal entities

By proxy

Samples

Features of drawing up a purchase and sale agreement

Algorithm of actions

When it's useful

What is the penalty for not having a document?

Peculiarities

Rent

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