Sample act of acceptance of transfer of apartment by power of attorney

Appendix No. ____ to the Apartment Purchase and Sale Agreement by power of attorney from “___”________ ____, N ____

g. _____________ "___"________ ____ g.

_______________________________________________, hereinafter referred to as (full name, passport details) “Seller”, acting__ on the basis of a Power of Attorney from “___”_________ ____, N _______ (or indicate another document confirming authority), on the one hand, and _____________________________________________________ , we refer to__ (full name, passport details) hereinafter as “Buyer”, acting__ on the basis of a Power of Attorney dated “___”__________ ____, N ______ (or indicate another document confirming authority), on the other hand, collectively referred to as “ The Parties have drawn up this Act as follows:

1. In accordance with the Agreement for the purchase and sale of an apartment by power of attorney from “___”________ ____ city N ___, the Seller transfers and the Buyer accepts ownership of an apartment with cadastral number ______________ with a total area of ______ sq. m. m, excluding loggias, balconies and other summer premises - _______ sq. m, consisting of ______ rooms with a living area of _______ sq. m. m, located on the _______ floor of a residential building at the address: _________________________________ (hereinafter referred to as the Apartment). 2. Information about the Apartment: ______________________________ (according to Appendix N ______ to the Agreement dated “___”________ ____, N ___). 3. The Buyer (or: the Buyer’s representative) before signing this Transfer Deed carried out a detailed inspection of the Apartment, and no defects in the Apartment were identified. (Option: 3. The Buyer (or: the Buyer’s representative), before signing this Transfer Deed, carried out a detailed inspection of the Apartment, and the following shortcomings of the Apartment were identified: _________________________________. The parties agreed on the following deadlines for eliminating the identified shortcomings of the Apartment: _________________________________.)

4. The risk of accidental loss or damage to the Apartment before state registration of the transfer of ownership of it is borne by the Seller. 5. The parties have no mutual claims. 6. This Transfer Deed is drawn up in three copies having equal legal force, one for each of the Parties and one copy for the body carrying out state registration of rights to real estate and transactions with it. 7. This Transfer Act is an integral part of the Agreement dated “___”________ ____, N ___.

On behalf of the Seller On behalf of the Buyer (by power of attorney): (by power of attorney): _______________/______________/ _______________/______________/ (full name) (signature) (full name) (signature)

In the current legislation you can find rules that when buying and selling an apartment, the parties draw up a deed of transfer.

The transfer and acceptance certificate is the last document that is signed when concluding an apartment purchase and sale transaction. The act certifies that the parties have no claims and confirms the transfer of money for the sold apartment.

What kind of document is this and whether it is mandatory in any case when the specified transaction is made, how to draw up this document correctly, as well as the nuances of execution and much more, we will consider in this article.

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What is an act of acceptance and transfer of an apartment under a purchase and sale agreement and is it necessary?

The transfer of real estate can be carried out upon signing the text of the agreement, or maybe after.

According to Art. 556 of the Civil Code of the Russian Federation, the transfer of property is carried out according to an act or other document . Thus, the act of acceptance and transfer is a paper, the existence of which makes it possible to draw a conclusion about the transfer of property from the seller to the buyer. Analyzing the provisions of Art. 556 of the Civil Code of the Russian Federation, we can come to the conclusion that the transfer deed for the purchase and sale of an apartment is signed in any case, unless the parties have prepared another document indicating that the property has, in fact, passed into the possession of the buyer.

This is evidenced by current practice:

Courts regard, for example, a refusal to sign a deed as a refusal to complete a transaction.
In a number of regions of the country, Rosrestr employees refuse to register the transfer of ownership if the parties have not submitted a transfer deed.

The transfer deed is not signed when concluding a preliminary agreement for the purchase and sale of an apartment.

This agreement is simultaneously an act of acceptance of the transfer

Citizen of the Russian Federation __________________________________________________, “____”____________ ______ year of birth, holding a passport _______ ___________, issued by ________________________________, registered at the address: ____________________________________________________________

In the drawn up act, the parties to the transaction can indicate that the funds under the concluded agreement have been paid before the official registration of the transaction, as well as the registration of the transfer of ownership of the property to the buyer, or a separate procedure for making payments for the property being sold is indicated if the payment is made after the transition has taken place to the buyer of the right of ownership and signing of the deed by the parties.

and a citizen of the Russian Federation, citizen of the Russian Federation, full name, “__” _________ ______ year of birth, place of birth: ______________________, gender ___________, passport ____________, issued _________ city.

6.1. The quality of the transferred equipment fully complies with the standards and technical specifications in force in the Russian Federation. The Seller guarantees the Buyer the normal operation of the equipment, subject to the Buyer following the instructions for its technical operation and carrying out the necessary repair work.

2.2.4. The tenant has the right, without the consent of the lessor, as part of the operation of the rented trailer on his own behalf, to enter into transportation agreements with third parties, provided that the Tenant carries out these transportations (tows the trailer) independently;

4.1. The price of the contract is determined by multiplying the amount of the rent (tariff) specified in clause 1.3 of this contract by the number of days (including partial) rental; In addition, the price of the contract additionally includes a fine imposed by the Lessor on the Lessee in the event that the trailer is returned incomplete, damaged or lost.

The lessor is obliged to provide the tenant with property in a condition consistent with the terms of the lease agreement and the purpose of the property. The property is leased together with all its accessories and related documents (technical passport, quality certificate, etc.), unless otherwise provided by the contract.

If such supplies and documents were not transferred, but without them the tenant cannot use the property in accordance with its purpose or is significantly deprived of what he had the right to count on when concluding the contract, he may demand that the lessor provide him with such supplies and documents or terminate contract, as well as compensation for damages.

If the lessor does not provide the leased property to the tenant within the period specified in the lease agreement, and if such a period is not specified in the agreement, within a reasonable time, the tenant has the right to demand this property from him in accordance with Article 398 of this Code and demand compensation for losses, caused by the delay in performance, or demand termination of the contract and compensation for losses caused by its non-performance.

Dear Anonymous. In accordance with Art.

607 and 611 of the Civil Code of the Russian Federation, the lease agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the leased object.

In the absence of this data in the contract, the condition regarding the object to be leased is considered not agreed upon by the parties, and the corresponding contract is not considered concluded.

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St. Petersburg " " 200. Citizen of the Russian Federation, " " year of birth, having a passport issued, registered at the address:, hereinafter referred to as the "Lessor", on the one hand, and a Citizen of the Russian Federation, " " year of birth, having a passport issued, registered at the address: , hereinafter referred to as the Tenant, on the other hand, have entered into this agreement as follows: 1.

SUBJECT OF THE AGREEMENT 1.1.

I am selling an apartment, the buyer takes out a mortgage, and accordingly I receive the money after registering the contract and the ownership rights in justice. Is it possible to include in the sales contract a condition that the transfer of the apartment will be by agreement of the parties after the final settlement of the buyer with the seller.

Or like this: “this agreement is simultaneously an act of acceptance and transfer. The parties agreed that the apartment actually being alienated will be transferred to the Buyer after the final settlement with the Seller.”

Will “justice” have grounds for refusing to register the transfer of ownership? I am selling an apartment, the buyer takes out a mortgage, and accordingly I receive money after registering the contract and ownership rights with justice.

Is it possible to include in the purchase and sale agreement a condition that the transfer of the apartment will be by agreement of the parties after the final settlement between the buyer and the seller. Depending on the region, registration may also require you to submit a transfer deed when accepting documents for registration.

That is, you will still have to sign it before completion of registration. You can write in the contract that the seller has the right to demand termination of the contract in the event of non-receipt of funds within a certain period of time and to withhold the apartment from actually transferring it to the buyers until it is paid in full. Look at the list of documents for access to the cells. I am selling an apartment. , the buyer takes out a mortgage, respectively, I receive the money after registering the contract and the ownership rights in justice.

Is it possible to include in the purchase and sale agreement a condition that the transfer of the apartment will be by agreement of the parties after the final settlement between the buyer and the seller? The contract is drawn up by the real estate company, according to the terms of their contract, we transfer the apartment at the time of signing the contract, that is, before registration, and we receive the money after registration.

This is not beneficial for us, because we are left without an apartment and without money.

I ask them to change the contract so that we retain the right to use the apartment until final payment.

Nedvizhka says that the justice system will refuse to register the transfer of ownership.

I argue that, according to the Civil Code, property rights presuppose the right to own, use and dispose of property. The real estate department insists on the following wording: “this agreement is at the same time an act of acceptance and transfer.

I suggested that the real estate company include a condition in the contract that, by agreement of the parties, the seller retains the right to use the property until the final settlement between the seller and the buyer.

It seems to me that in the latter case the justice will have grounds for refusing to register the transfer of ownership.

Depending on the region, registration may also require you to submit a transfer deed when accepting documents for registration.

The contract is drawn up by the real estate company, according to the terms of their contract, we transfer the apartment at the time of signing the contract, that is, before registration, and we receive the money after registration.

Use the residential premises only for your own residence and the residence of persons specified in the contract. 2.2.2. Pay fees for the use of residential premises on time. 2.2.3. Keep the premises clean and in good repair, ensure the safety of the living premises and maintain them in proper condition. 2.2.4. Treat the property located in the residential premises with care.

2.2.5. Attention Eliminate the consequences of accidents that occurred in the residential premises due to the fault of the Tenant. 2.2.6. Follow the rules of residence in the house in which the living quarters are located. 2.2.7.

Freely allow the Landlord into the residential premises in order to check its use in accordance with clause 2.2. actual agreement. 2.2.8.

Return the residential premises and property to the Landlord in the same condition in which they were leased, taking into account natural physical wear and tear. 2.2.9.

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Transfer deed

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Instructions for compilation

The document must contain the following information:

About the date and place of its composition . It is enough to indicate the number, locality and name of the subject of the Federation. You can add the name of the country. In some cases, one of the parties insists that the deed record the time of transfer of real estate. This may be important, perhaps, only in cases where there is a high risk of accidental destruction of the subject of the transaction. With the signing of the deed, this transfers from the seller to the buyer.
About the parties . If the agreement was concluded by individuals, then you need to register your passport details. If the party to the transaction is an individual entrepreneur, a legal entity, then you will have to indicate more information: TIN, State Registration Number, legal address, charter details, etc. - depending on the status of the entity.
About the subject of the transaction . It is necessary to register not only the address, but also other information that allows you to accurately identify the object. Practice shows that if it is not possible to accurately identify the object, then there is a good chance of challenging the transaction. You should write something like this: “apartment No. 230, with a total area of 42 sq. m. m., residential – 39 sq. m., with cadastral number: 50:0000:42:11, located on the third floor of the 7th entrance of a 9-story apartment building, located at the address: Sergiev Posad, Novaya Street, building No. 34.”
About the presence or absence of shortcomings . A very important point, because if the apartment is transferred with defects that are not specified in the deed, then it is considered that they did not exist at all. A possible formulation for the case when there are no defects: “The property has been inspected by the buyer, there are no complaints about its condition.” If there is disagreement: “There are the following shortcomings: a crack near the window in the kitchen, there is no bathtub...”, etc.
About items and documents additionally transferred to the buyer . For example: keys to an apartment, some furniture, title documents. However, as for furniture, the purchase and sale agreement itself will be concluded regarding several items: the apartment itself and what the seller wants to leave in it. You can execute two transactions: separately for real estate, separately for movable things.
About the transfer of the risk of accidental loss of property from the seller to the buyer, which was already discussed above.
About the absence or presence of debt for: utility bills, contributions for major repairs, etc. Example of wording: “At the time of signing the act, there is no debt for contributions for major repairs.”
On the transfer of money for property , if the parties agreed that the seller will receive funds before transferring the apartment to the buyer.

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The parties put their signatures under the text of the document ; if the seller or buyer, for example, having the status of a legal entity, has a seal, then its imprint should appear on the paper.

The concept of an act of acceptance and transfer of goods: examples and samples, form, form, template, filling

Let's find out what the act of accepting the transfer of goods is and why the company needs it.

Concept and regulation

The act of acceptance and transfer of goods is an information form that is drawn up in order to confirm the fact of transfer of goods from one person to another. Most often, such a document is drawn up during the transfer of goods under a commission or storage agreement.

Compiled by whom and why

This form is prepared by the parties to the transaction. A sheet is drawn up when transferring the goods for sale to the seller or when handing them over to a repair shop. Since two people are involved in this procedure, they both have specific obligations.

Types and features

Let's take a look at some types of acts:

The act of acceptance and transfer of goods to the buyer. In this case, when registering, you must adhere to the following rules: serial number of the act;
OKPO and OKUD, as well as types of activities according to these classifiers, should be included;
final product indicators.

For the sale, you need to draw up an invoice according to the accepted TORG-12 sample. During the sale of goods to the buyer, it should not be replaced with another document. If you do not have an invoice, then you need to attach the act in several copies, for the buyer and the seller.
To the warehouse: use the MX-1 form. Such a document is filled out by the custodian organization after receiving the goods for responsible storage. The reason for issuing information forms is information about inventory items and TSD.
The transfer and acceptance certificate involves the execution of several forms. If the parties are legal entities or individual entrepreneurs, then the seals of the organizations must be affixed everywhere. If a person notices any damage, then the person can submit a written claim with a specific rule for a further refund or replacement of the product.
Products that need to be examined in detail are submitted for examination. Most often, such a procedure is established if a person needs to find out the extent of damage. There are several types of expertise: environmental;
food;
agricultural;
engineering.

According to the supply agreement, it is necessary to use the TORG-12 form. The main thing is that there are no complaints about the quality and completeness of the product.

The deed of purchase and sale to the seller is drawn up as an addition to the main agreement for the purchase and sale of the property. Based on the rules of the concluded agreement, one citizen who participates in the transaction gives a specific piece of real estate to another person. The other party must pay the previously agreed amount. It should be added that one form should be taken to the department of the Federal Service for State Registration, Register and Cartography.

According to the transport expedition agreement. In this situation, the document is drawn up by the supplier, who also signs. The information form establishes the fact that the freight forwarder has accepted the goods and transferred them to the buyer. In addition, you definitely need to find out if the person receiving the goods has any comments.

APPT or invoice?

The act of acceptance and transfer of goods does not imply replacement by a contract. Moreover, only on the basis of the document in question between the two parties is a transfer and acceptance certificate drawn up. Therefore, every business must have both information forms. The act is confirmation that the contract has been established and ultimately even completed.

The act of acceptance and transfer of goods is an official confirmation of the implementation of any serious decision made for the organization, which affects the sphere of goods and finance at the same time.

The key to the success of a transaction between enterprises is largely determined by a well-written information sheet, which contains information about all the details regarding both parties and all the features of the product are discussed (there must be information about quality, quantity, delivery time).

How to compose correctly

In order to correctly draw up the act, it is necessary to study in detail all the features and nuances.

Act structure

Before drawing up a document, you need to be sure that both participants are aware of and agree to this type of procedure. What is confirmation:

orders;
powers of attorney or instructions certified by a notary;
permission from managers to implement such actions.

In order to start drawing up such a document, you can take two simple A4 sheets. After you fill out both sheets, you need to make copies of them.

Please note that all sheets are signed by the main leaders of the organizations.

You can additionally put stamps, but this is not a mandatory condition, since since 2020 there is no clause in the resolution that there must be a seal).

Required information

What must be included in such a document:

name and date when the application was written;
indication of both parties to the transaction;
the essence of this procedure;
price, quantity and value of the transaction in general terms;
surname, name, patronymic and positions of the persons who took responsibility for drawing up the act;
signatures of the above people.

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This data must be present in any act. If you are going to sign a deed that concerns property, then you should also add a list that talks about the specifics of the procedure.

If there is such a need, you can enter other information into the goods acceptance certificate, for example, the terms and conditions of payment.

Step-by-step instructions for filling out and registering

We immediately draw your attention to the fact that the document is drawn up by hand, but does not tolerate any corrections. If you misspelled a word somewhere or provided incorrect information, you need to reprint the form.

Drawing up an act involves dividing the procedure into several stages:

Preparatory stage - we check whether the goods have reached the buyer, find out whether all documents have been signed.
The stage of counting and the fact of dispatch of the goods - the people responsible for the transfer must receive the same information (make a count).
Signing the act. It is necessary to obtain all necessary signatures and seals from companies.

If one party has a question about the purchase of goods, then this point needs to be discussed until the last stage, until the document is signed.

The video below will tell you about the act of acceptance and transfer of goods and other valuables:

Forms and samples

The company can adopt a document that will be valid in their territory. However, it is also necessary to pay attention to the rules specified in the legislation. One of the main requirements is the mention of the details that are enshrined in Part 2 of Art. 9 of Federal Law No. 402-FZ of December 6, 2011

The sample of such an act must indicate a whole list of goods that the person or organization intends to transfer. Let's take a look at the example below. available for free here.

Sample APPT

If we are talking about responsible storage, then you can use this form as a basis.

APP under responsible storage

What to do after APP

After the buyer has accepted the goods, having inspected them in advance for the quality and quantity of items, then we can safely say that the matter is coming to an end. All that remains is to collect a signature from the buyer.

If a person notices certain shortcomings, he needs:

make a claim and submit it to the seller;
file a lawsuit (if the seller refused the first offer).

Source: https://uriston.com/kommercheskoe-pravo/dokumentatsiya/akty/priem-peredacha/tovara.html

Is it possible to sign by proxy?

According to the norms of the Civil Code of the Russian Federation, the document can be signed by a representative of the seller or buyer by power of attorney. To formalize it, in accordance with Art. 185.1 of the Civil Code of the Russian Federation, you must contact a notary. The reason why it is impossible to make a power of attorney in simple written form: the transaction implies the need for state. registration of transfer of ownership.

Thus, the party to the contract:

having in hand a copy of the passport of his authorized representative, he goes to the notary;
hands over his passport and the above paper to the secretary;
waits for the document to be ready;
signs the power of attorney;
pays a notary fee: around 2 thousand rubles - depending on the region;
transfers the power of attorney to the attorney.

The document, at a minimum, must indicate that the trustee has the right to inspect the apartment, accept it and sign the corresponding document. A power of attorney is issued to carry out all necessary actions under the transaction:

Certificate of acceptance and transfer of goods: a simple sample, for safekeeping, under a commission agreement, cargo

— Business organization — Registration — Office work — Acts — Why and in what cases is it necessary to draw up an act of acceptance and transfer of goods

The act of acceptance and transfer of goods is one of those documents that many consider not mandatory to fill out. They say that the delivery note is enough. However, in some cases this act is simply necessary.

In particular, it certifies compliance with the rules for acceptance of goods, serves as appropriate confirmation of delivery of goods, etc. Therefore, the presence of this document is mandatory!

What kind of document is this

This act in general form is a list of goods that are transferred to the buyer and accepted by him. Typically, the document states:

a complete list of goods that are transferred to the customer;
an indication of their quality and quantity;
an indication of the existence of discrepancies;
cost indicators – unit price, VAT (if any), total cost of delivery, etc.

However, the purpose of this document is to confirm the fact of acceptance and transfer of goods of proper quality and compliance with the entire procedure for the transfer of goods and their acceptance. The latter is especially important because it is proof of the absence of violations in the process of receiving goods. In other words:

the goods were inspected and accepted in the presence of a representative of the supplier;
it was certified that there were no discrepancies in the quality of the accepted goods;
there are no claims against the supplier, the intermediary buyer or the forwarder who delivered the goods;
the goods were delivered without any violations.

If the acceptance certificate is considered a formality, then its signing “without looking” can become evidence of properly completed acceptance of goods and their acceptance in the completeness and quality specified in the act, even if such acceptance was not carried out. This is evidenced by judicial practice.

This means that it will be impossible to subsequently submit claims for detected defects, short deliveries and other problems to the supplier or transport company, even through the courts!

In what cases is it necessary, and when can you do without it?

As a rule, a transfer and acceptance certificate is drawn up upon delivery of goods:

According to the transport expedition agreement

In this case, the act of acceptance and transfer of goods is drawn up by the supplier, signed initially by the supplier and the forwarder.

The document confirms the fact that the forwarder accepted goods of a certain quality and quantity and moved them to the buyer - the customer of forwarding services, as well as the fact that the buyer has no claims regarding the quality and quantity of goods and the forwarder fulfills all obligations under the contract.

According to the commission agreement

This is when one of the parties (the commission agent) acts in the interests of the other party (the principal), carrying out its instructions for a fee. In this case, the commission agent, initially purchasing on his own behalf the goods intended for the principal, but at the expense of the principal, accepts it according to the consignment note.

But upon the final transfer of assets, the principal will need an act of acceptance and transfer of goods, which is drawn up either by the commission agent, as an intermediary, and confirms the proper execution of the principal’s instructions, or by the principal - upon direct acceptance of the goods.

A sample act of acceptance and transfer of goods under a commission agreement is given HERE.

The Civil Code of the Russian Federation (Article 1000) also speaks about the need to draw up an acceptance document for a transaction.

In particular, it indicates the obligation of the principal to accept and inspect the property acquired by the commission agent for him.

And if any claims are discovered against this property, the principal must notify the commission agent. Notification is made in writing, for example, in the form of an act!

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Under a warehousing agreement

In accordance with the Civil Code of the Russian Federation (Article 907), the custodian undertakes to store things transferred to him by their owner and return them safely. In this case, the keeper is obliged to inspect the goods he accepts - their appearance and quantity.

And when returning the goods to its owner, it is the owner who must carry out an inspection to ensure that it is his material assets that are being returned to him and in the condition and quantity in which they were transferred for storage.

In this case, a transfer and acceptance certificate must also be drawn up.

A sample act of acceptance and transfer of material assets for safekeeping is given HERE.

What if the goods are accepted under a regular delivery contract? Without intermediaries on the buyer or supplier side? And in the presence of a direct representative of the supplier? In this case, you can get by with a consignment note (form TORG-12), but if there are no discrepancies in the quality and completeness of the goods.

You can download a simple sample of the acceptance certificate of goods under a regular supply agreement HERE.

But the acceptance certificate will not hurt in this case either: this document reflects information about the conditions under which the acceptance and transfer of purchased assets took place, and about the participants in the acceptance procedure. But TORG-12 only confirms the release of goods from the supplier’s warehouse and its arrival at the buyer’s warehouse.

Form options

The enterprise has two options for drawing up the Act.

Using a Unified Form

Source: https://delatdelo.com/organizaciya-biznesa/oformlenie/deloproizvodstvo/akt/priema-peredachi-tovara.html

At what point in the transaction is the document signed?

In practice, the parties to transactions sign the deed at a variety of times:

simultaneously with the contract;
after handing over the keys;
when transferring money.

But, if you follow the letter of the law, then the act must be signed only when the apartment has already been inspected and actually transferred to the buyer for possession and use. The very fact of handing over the keys, for example, does not mean anything. After all, if the apartment has not been inspected and the buyer has not entered it, then we can say that the transfer has not yet taken place.

When is it acceptable to refuse to sign?

Let us remind you that refusal to sign this document is regarded as a refusal to conclude an agreement, and it can be legal in the following cases:

The seller avoids transferring documents or other accessories to the buyer.
The subject of the contract is in a condition that the buyer did not expect. For example, during the initial inspection of the apartment, everything was in order, but at the time of signing the act, problems arose with the plumbing and wiring.
The buyer avoids transferring funds.

In these cases, the act may not be signed. If the circumstances are different, then you can go to court with a claim to compel the conclusion of an agreement (signing of an act).

Thus, the act of acceptance and transfer of an apartment when completing a real estate purchase and sale transaction is the most important document , the issue of signing which must be approached with the utmost responsibility.

What documents can replace the transfer and acceptance certificate?

The transfer and acceptance certificate records these provisions:

Availability of agreement between the parties.
Rights and obligations of participants.
The procedure for pre-trial regulation.

That is, the document replacing the act must contain the same information. The consignment note performs similar functions. It also contains information about the parties to the transaction and the product. Dates are also recorded there.

That is, when transferring goods, either an act or an invoice can be used. However, in some cases, it is necessary to draw up an act. It is required when it is necessary to record consumer claims or their absence. For example, it is needed when transferring expensive equipment.

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Useful video

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The law requires that the sale of housing must be accompanied by the preparation and signing of the necessary documents.

One of them is the act of acceptance and transfer. Without it, the transaction will be considered invalid.

Let's figure out what this document is, why it is needed and how it is drawn up and signed by the parties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

What it is?

An act of acceptance and transfer, often not quite correctly called a deed of transfer (in fact, this term refers to a slightly different document) is a document that is signed by the buyer and seller regarding the fact that the apartment is physically transferred from one party to the other.

But is it really necessary? The need to sign the act is directly established by law. Art. 556 of the Civil Code of the Russian Federation indicates that the parties are required to sign a document that will record that the transfer obligations have been fulfilled. Whether this document will be called the act of acceptance and transfer of the apartment or something else depends on the will of the parties and the conditions of the transaction. The main thing is that the fact that the seller fulfilled his duties is documented.

Deed of acceptance and transfer of property: sample simple wording

An act of acceptance and transfer of property, a sample of the simple wording of which can be found here, is a document that confirms the fact of the transfer of something from one person to another.

The object of transfer is material value or property. It is important to formulate this form correctly so that its legal validity is not in doubt.

In addition, this document is an integral part of the office work of any company.

When is it needed?

The signing of this act is necessary when making any transactions regarding the transfer of property from one person to another. Examples:

Renting an apartment, commercial premises.
Contract of sale.
Registration of collateral.
Purchase or rental of equipment.
Shipment of goods by the supplier.
Other situations.

Important! The acceptance form does not contain any terms of the transaction, but there is a description of the fact that something has been transferred to the second party. Signing such a document does not negate the need to generate other forms required by law.

Generally speaking, the transfer and acceptance certificate completed according to the template provided is confirmation that the transfer has occurred and the points of the agreement have been fulfilled.

The presence of signatures of both parties and, if necessary, stamps confirms that all parties agree with the quality and no one’s rights have been violated.

If the property or material value has not been previously examined and the document has been signed, then it is almost impossible to prove your case through the court, unless there is other undeniable evidence. That is why upon acceptance you should carefully check the goods and premises.

Structure and content

At the moment, there is no standard template for such a frequently used document in the law, so we suggest relying on the examples we have presented. But still, certain rules and structure of compilation exist. Key points:

Document's name.
Place of compilation - the city is indicated.
Date of signing.
Parties' data. Often this is a buyer-seller or a tenant-landlord. Here you should indicate quite extensive information: full name, passport details, residential address.
The name of the document that is the basis for the creation of this act. They can be purchase and sale or lease agreements.
An indication of the condition of the property being transferred. Including: size, batch volumes, quantity, condition.
Consent of the parties.
No claims data. Moreover, this document can be signed and it is considered valid only if there are no complaints and this is fixed in writing.

This document is created in 2 copies, with mandatory signatures and stamps if necessary. 1 copy remains with the parties, indicating that they have drawn up the act.

Certificate of transfer of goods

Often, acts of acceptance and transfer of goods are formed between the buyer and seller. In this case, there are certain legal requirements that are regulated by the Federal Law “On Accounting”.

Key features include:

The date of shipment and the date of signing the act must be the same.
The cost of the goods is indicated in rubles.
If the goods are shipped individually, the weight of the unit is not indicated.

Important! A sample of a simple act of acceptance and transfer of property and goods can replace a tax invoice generated in TORG-12. Moreover, this option is a priority if products are purchased.

Features of drawing up an acceptance form for property

This act is also a legal document that is simply necessary in the process of buying and selling, for example, real estate. But many people ignore this, which ultimately results in them suffering.

In the case of purchasing an apartment, such a form must be drawn up by representatives of the developer, when the document is signed by both parties, responsibility for the property falls on the buyer, even if there is no formalized ownership right yet.

When it comes to rental relations, the lessor should take care of creating an acceptance certificate, and the document should describe in detail the condition of the rented object, often an apartment.

Enter data regarding the state of repairs, serviceability of communications, you can even paint the furniture. With such an act, you can safely go to court if the property was damaged by the actions of the tenant.

Of course, provided that the deed is signed by both parties.

Those who sign the act should carefully study it, what exactly is indicated, so that they do not have to pay later.

Conclusion

A document such as an act of acceptance and transfer of property or material assets is important and its preparation cannot be neglected. It can become an element of defense or offense if the matter comes to trial.

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Source: https://Papinian.com/grazhdanskoe/obrazec-prostogo-akta-priyoma-peredachi-imushhestva.html

Why is it needed?

The need to draw up an act is obvious. It is he who acts as a tool with which the parties can:

confirm that the seller’s obligation has been fulfilled;
confirm the fact that there are no claims against each other - or describe existing claims;
indicate in what condition the housing was handed over to the buyer, whether the residential premises have obvious defects and shortcomings or not.

The latter requires special attention. The fact is that clause 2 of Art. 556 of the Civil Code of the Russian Federation indicates the following: even if the buyer agreed to accept the apartment with all the obvious defects by signing the act, this does not relieve the seller of responsibility. The responsibility itself is described in Art. 557 of the Civil Code of the Russian Federation, which already refers to Art. 475 of the Civil Code of the Russian Federation. According to its rules, the buyer has the right to demand from the seller:

reducing the price payable under the contract;
eliminating deficiencies at your own expense;
payment of the buyer's expenses for repairs or other elimination of defects;
termination of the contract and return of the money paid - if the shortcomings are such that their elimination is impossible.

It is in order to resolve these issues that the signing of the transfer deed is required.

Certificate of acceptance and transfer of goods: in what cases and how to draw up

To receive material assets from one party to the contract, the other usually suffices with an invoice.

But sometimes the delivery conditions require the execution of a separate transfer document, certifying both the fact of movement of the goods and its monetary value, as well as the quality characteristics of the shipped valuables.

In such cases, an act of acceptance and transfer of goods is drawn up, which records all the points that are significant for the parties.

In what cases is an acceptance certificate required?

Acceptance of goods only according to the TORG-12 invoice form assumes that the products listed in it have been delivered and correspond to the quantity specified in the documents.

However, there are often situations when the actual volume of goods differs from the declared one, the wrong cargo arrived that was required, or the batch turned out to be defective.

In order to make a claim to the supplier, these facts must be recorded properly, namely, by drawing up an acceptance certificate stating all detected inconsistencies.

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Some types of products (for example, equipment) are always transferred under an act, since this is required by the process of their acceptance: inspection, performance testing, etc.

If the goods are sent for safekeeping, an act is drawn up to describe the condition of the valuables being handed over, determine the conditions of their maintenance and appoint a materially responsible person.

When concluding a supply contract, the parties themselves can include in it a clause on the mandatory signing of a document on acceptance of the goods at the time of their transfer to the customer.

How to draw up an act of transfer of goods

The act of acceptance and transfer of goods is usually attached to the supply agreement as its integral part. The standard form of the act contains the following data:

document's name;
date and place of registration;
information about the parties to the transaction with details, addresses and contacts;
Full names of the responsible persons, their passport details, on what basis the parties represent them;
number and date of the contract under which the delivery is carried out;
a list of transferred values indicating the range and quantity;
quality characteristics of the product;
total cost;
presence/absence of product defects;
a detailed list of detected deficiencies;
claims based on the results of the acceptance procedure.

By agreement of the parties, the act may also reflect other issues:

terms of payment for the delivered consignment of goods (full or partial prepayment, settlements after receipt of the goods);
deadlines for final payments, numbers and dates of payment documents for advances;
inclusion of certain product groups and specific items in separate acts.

How to correctly draw up a transfer and acceptance certificate

Since the act is a two-sided document, it must contain the signatures of representatives of both the supplier and the recipient of the cargo. Before you begin accepting the goods, you must make sure that the persons present from each party have the authority to endorse the transfer deed. Confirmation can be:

power of attorney issued to an employee of the company by the head;
order of appointment to a position with the right to act on behalf of the organization;
a notarized order for an individual representing a party to the transaction.

To document the fact of receipt of products under the contract, you must:

certificate of acceptance and transfer of goods and bring it into compliance with the terms of delivery: remove unnecessary information, add points stipulated by the contract.
As a rule, goods are accepted in warehouse conditions, so it is better to print out the prepared form for manual filling in 2 copies in advance.
Carry out the necessary activities: external inspection, recalculation, weighing, reconciliation of positions, etc., depending on the type of product and the features of the established acceptance and transfer procedure.
Record all detected defects in the presence of the supplier’s representative and list them in the report.
Formulate the essence of the claims; if there are none, confirm this in writing: “We have no claims.”
Agree on the contents of the document and check that it is filled out correctly.
Confirm the act with the signatures and seals of the parties.

Inaccuracies, blots and errors in transfer documents are unacceptable. If an error is found in the act, it must be redone before signing.

The acceptance certificate, stating that the goods were delivered with violations, with complaints about quality, is the basis for drawing up a letter of claim to the seller demanding a replacement batch and monetary compensation. Defective products are sent to the supplier using a return certificate (form TORG-2) indicating the reason for the return shipment and a detailed description of all defects.

If the cargo was lost or damaged during transportation, the issue of compensation for losses is decided on the basis of the contract - whether it provides for compensation for losses in such cases.

To correctly draw up a document, an act of acceptance and transfer of goods.

Legislation

For the act of acceptance and transfer, the law establishes minimum requirements. Essentially, they boil down to the following:

The act must be drawn up in writing, since Art. 556 of the Civil Code of the Russian Federation uses the word “document”.
The deed must be signed by both the seller and the buyer.

The legislation does not contain other conditions. Moreover, in practice, a method is sometimes used when the transfer of housing occurs at the time of signing the purchase and sale agreement itself. In this case, a condition is included in the apartment purchase and sale agreement that this document is also a confirmation of the fact of transfer.

Typically, transfer without an act is used in cases where, due to legal requirements (for example, when selling an apartment in shared ownership - in accordance with the Federal Law “On State Registration of Real Estate”) or at the mutual desire of the parties, the agreement was certified by a notary. In this case, it is easier to do without the act.

The fact is that the question of whether in this case the act itself should be notarized remains debatable. On the one hand, it is an integral part of the contract - and, according to the logic of Art. 163 of the Civil Code of the Russian Federation, must be carried out in the same manner as the main document. On the other hand, it is not a separate transaction or an additional agreement that changes the terms of the contract.

As a result, although the deed should not be formally certified, Rosreestr often requires a notary mark on it when registering rights. To avoid this, the parties are trying to do without the act.

This agreement is an act of acceptance of the transfer

– Articles – This agreement is an act of acceptance of the transfer

The agreement comes into force from the moment of signing, but your ownership of the land plot arises from the moment the transfer of rights is registered in the Unified State Register by Rosreestrom.

Everything is legal, you can come to the site, get acquainted with its condition and start using it from the moment you sign the contract. The fewer documents, the simpler the registration, so feel free to include such a clause in the contract.

Can an act (without an agreement) of acceptance and transfer of raw materials (goods) between legal entities be a legal establishing document? Thank you!

In what context - legal? What right?

Good afternoon The consignment note, together with such an act, can serve as confirmation of the transfer of goods. The situation is not entirely clear from your question. Is there a dispute between legal entities?

Please agree on the investment activity and the acceptance certificate.

Attention: These are just arrogant sellers. Compensate for losses in court

We suggest you read: Are there any statute of limitations for claims and court orders?

Good afternoon. It is necessary to record the fact of non-contractual residence in the apartment and demand compensation for unjust enrichment and compensation for utility bills.

Can a purchase and sale agreement be an act of acceptance and transfer of an apartment? The contract was drawn up on June 17, and the sellers moved out of the apartment on September 4, they did not hand over the apartment; they left the neighbor’s keys, taking away the gas stove and faucets with the sink in the kitchen.

What to do? Please tell me.!

The acceptance certificate is an integral part of the contract, but does not replace the contract itself.

Alas for you... If the contract did not stipulate that the seller leaves the gas stove and sink, you will not be able to reclaim this property.

The seller may say that a gas stove and sink are very expensive property, for example, imported, exclusive... You, of course, have the right to go to court with a claim for the return of the stove and sink, but after the fourth or fifth court hearing you will simply go to the store and buy stove and sink and try to forget everything like a bad dream. Try sending the seller a written complaint indicating that you intend to go to court. Sometimes it helps.

Why not? I believe the parties have the right to include in the contract a condition that it is simultaneously an act of acceptance and transfer of property. It seems that the principle of Article 421 of the Civil Code of the Russian Federation has not yet been abolished.

It may look like this: “This agreement is also an act of acceptance and transfer of the property specified in clause _ of this agreement, and confirms the fact of transfer of property from …”.

example: Resolution of the Federal Antimonopoly Service of the East Siberian District dated September 12, 2008 N A58-624/08-F02-4396/08 in case N A58-624/08 “The plaintiff fulfilled his obligations under the contract in full, which is confirmed by clause 7.1 of the contract, in according to which the agreement is an act of acceptance and transfer, comes into force from the moment it is signed by the parties.

St. Petersburg " " 200. Citizen of the Russian Federation, " " year of birth, having a passport issued, registered at the address:, hereinafter referred to as the "Lessor", on the one hand, and a Citizen of the Russian Federation, " " year of birth, having a passport issued, registered at the address: , hereinafter referred to as the Tenant, on the other hand, have entered into this agreement as follows: 1.

Step-by-step instructions for compiling

Required papers

In order to draw up an act, the parties will only need documents identifying the parties and their powers (for example, if the buyer or seller is a legal entity, statutory documents for the manager or a power of attorney for the representative will be needed). All documents that confirm ownership rights are presented when signing the contract itself, and are not separately required when drawing up the deed.

However, if the agreement provides for special conditions for the transfer of an apartment, then documents confirming their existence will be required. For example, if the parties have agreed on full prepayment, then the buyer must present a payment document.

In the event that the contract itself also acts as an act of transfer, the documents required for signing the contract will be required.

Information to be provided

The legislation does not indicate what information must be included in the contract. However, practice shows that the contract must contain the following information:

Title of the document. It is best to simply indicate “Acceptance and Transfer Certificate”.
The place where the document was signed and the date of signing. This is important if the agreement contains conditions regarding the procedure and timing of the transfer of the apartment.
Information about the parties indicating from whom the housing is transferred to whom. For citizens, the full name and passport data are most often indicated, for legal entities - organizational and legal status (LLC, JSC, etc.), name and, if desired, OGRN. In addition, for organizations it is indicated who signs the document on their behalf and on what basis (for a manager - that is on the basis of the Charter, for a representative - that is by proxy).
A complete description of the apartment in the condition in which it is at the time of transfer. In addition, its full address is indicated, and, if necessary, the cadastral number. It is also advisable to indicate data on the number of storeys, living and total area and other technical information - this will avoid disputes about which apartment the act was drawn up in respect of.
Claims of the parties to each other. The buyer, according to Art. 556 of the Civil Code of the Russian Federation, he has the right to accept an apartment that has defects - but then this fact must be reflected in the transfer deed. If there are no complaints, this fact is indicated in the document.
Signatures of the parties (for organizations - also a seal impression).

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Separately, it should be said that in order to protect against possible claims, the condition of the apartment should be described in as much detail as possible. The relevant section of the act must contain at least the following information:

The condition of the room itself. If there are noticeable defects (leaks from above, cracks in the walls, etc.), a note should be made about this.
The condition of the water supply, sewerage, electrical wiring, and other communications, if any.
The safety of doors and locks on them, windows and frames, the serviceability of switches and sockets.
Description of furnishings and household appliances, if they are transferred along with the apartment. For them, existing defects must also be indicated if the buyer has discovered them.

Is it possible to sign it by proxy?

Often in practice there are situations when their representative acts instead of one of the parties. He can be:

vested with powers by virtue of law (for example, parents in relation to their children);
appointed by means of a power of attorney.

And in the latter case, one should be guided by the standards established by Chapter. 10 Civil Code of the Russian Federation. According to them, the power of attorney must meet the following requirements:

It must indicate the authority of the representative to perform specific actions. In relation to the situation described, this means that the text of the document must directly indicate that the representative has the right, on behalf of the principal, to accept the purchased property and sign the corresponding act.
The power of attorney must be notarized. This requirement is established by Art. 185.1 of the Civil Code of the Russian Federation, since we are talking about rights subject to state registration - in this case, the right of ownership of residential real estate.

power of attorney for signing the transfer and acceptance certificate
power of attorney for signing the transfer and acceptance certificate

State registration

Neither the agreement nor the act to it are themselves subject to state registration . However, due to the norms of the Civil Code of the Russian Federation and the Federal Law “On State Registration of Real Estate”, the rights to the purchased apartment need to be registered - and among the documents, an acceptance and transfer certificate is also submitted to Rosreestr. It is not required in all cases, but if the act is signed at the time of registration, it must be submitted.

In addition to the act, the buyer will additionally need for registration:

Application for registration.
Identification documents of the applicant.
The purchase and sale agreement itself (you can read about the state registration of the apartment purchase and sale agreement here).
Act (if required).
Payment document confirming payment of the duty (its amount is established by the Tax Code of the Russian Federation).

Deadlines and costs

The moment when the act is signed is determined by the parties in the terms of the agreement. The following options are possible:

immediately after signing the contract, if the contract does not say anything about prepayment;
after paying the full amount;
after making the first payment, etc.

What is contained in the transfer and acceptance certificate?

The form of the act is not established. The exact content of the document depends on the specific situation. However, under any circumstances, the act must contain the following mandatory details:

Subject of the operation, its name.
Characteristics of this item: article, number, brand.
The person who conveys the object.
The person who receives the object.
The name of the company that is transferring the item.
Date of execution of the act.
A link to a document, the addition of which is a deed (for example, a purchase and sale agreement).
Item cost.
Number of copies of acts.

If the receiving person has claims regarding the quality of the transferred item, these claims must also be recorded in the act. Sometimes the document records the location of the transfer of the object. If one of the parties to the transaction is a private individual, it is necessary to record the person’s full name, passport details, and address.

The act can be drawn up for a separate product or for a set of goods. But if this is a set of products, it is necessary to indicate this in the act.

IMPORTANT! If the receiving party signs the document, it thereby confirms that there are no claims regarding the quality of the goods. Therefore, before signing, the buyer must check the products for defects.

ATTENTION! The act is a document with legal force. It limits the parties' demands on each other. For example, a document signed by the buyer means that the buyer has no claims. If disagreements arise between the parties to the transaction, the document will help defend their interests in court.

The act will have legal force only if these conditions are simultaneously met:

The act is an annex to the main agreement. It is not an independent document. If there is no main document, then the act loses its force. It must contain a reference to any agreement. For example, for a purchase and sale agreement.
The document must be certified by the signature and seal of an employee with the appropriate authority.
The act is drawn up in 2 copies (minimum). Each copy is handed over to the participants in the transaction.

That is, the act is not an independent document. However, it must be issued in accordance with standard requirements: seals, signatures, mandatory details.

When is it possible to refuse to sign?

Signing the deed means that the apartment has already been transferred to the buyer. However, each party has the right to refuse to sign it. This is possible in the following situations:

For the buyer - if the seller actually does not allow the use of the property (for example, members of his family still live there).
For him - if fatal defects are found in the apartment, which the seller refuses to note in the text of the document.
For the seller - if the buyer has not fulfilled his payment obligations under the contract.

In the event that a refusal occurs, the parties should correct what is preventing the signing by fully fulfilling their obligations under the contract. If, after this, the seller or buyer unmotivatedly refuses to sign, all that remains is to go to court to protect the violated rights.