Agreement on assignment of ownership rights to an apartment sample

Agreement for the transfer of ownership of an apartment

The opportunity to privatize residential premises is provided on a voluntary basis, that is, it is a right, but not an obligation of a citizen, therefore a person can refuse to participate in privatization (in this case, the refusal must be drawn up in writing and certified by a notary office).

1. preparation of a package of documentation;

filling out an application for the provision of this public service;

2. submitting a request along with prepared papers to the MFC branch (it is also possible to use the government services web portal - https://www.gosuslugi.ru/pgu/service/5340200010000231103_.html#!_description) or the municipality;
3. registration and signing of an agreement for the transfer of ownership of an apartment to citizens at the MFC or at the housing department of the municipality;
4. re-registration of ownership of housing and preparation of the corresponding certificate.

Sample agreement for the assignment of the right to claim an apartment in a new building

An agreement on the assignment of the right of claim (assignment) in the modern market of primary real estate is quite common. This is due to the fact that at the time of completion of construction, most of the “attractive” apartments were sold at the foundation stage. And the assignment of the right to an apartment in a new building is practically the only opportunity to get the desired property.

This legal mechanism for the sale of housing under construction in a new building is very popular among investors. They, as a rule, buy apartments in whole blocks from the developer at the stage of laying the construction of a house under construction. Naturally, they sell apartments in a new building at a higher price than they purchased. This is the meaning of investing - making a profit.

The procedure for drawing up an assignment agreement in a new building

The peculiarity of an assignment agreement is that the buyer of an apartment who has entered into an assignment agreement acquires the rights and obligations of the assignor (seller) in full and in the future undertakes to fulfill all the terms of the original share participation agreement. For example, if in the agreement the shareholder and the development company have stipulated the terms of the installment plan, the assignee can make payments only under this installment plan. He can no longer stipulate any of his individual conditions in the agreement.

The benefits of assignment of rights for the seller have already been discussed. This, first of all, is a real opportunity to make money on price increases that occur at various stages of construction of a new building, as well as the opportunity to return the money contributed under an equity participation agreement without penalties from the developer.

Features of the contract in real estate transactions

• When assigning rights under an equity participation agreement (DPA).
  Before selling an apartment under an equity participation agreement, the Seller is obliged to pay the Developer the entire amount of debt for the apartment, or the remaining amount of debt can be transferred to the Buyer. For this purpose, an Agreement is drawn up for the transfer of debt to the new owner. This type of apartment sale can be carried out repeatedly, but only until the house is put into operation and the owner receives a transfer deed for the apartment. The sale of an apartment under an equity participation agreement requires mandatory registration with the Federal Registration Service.

  HOW TO REGISTER THE TRANSFER OF RIGHTS OF CLAIM UNDER DDU

• When assigning rights under a preliminary purchase and sale agreement.
  When purchasing an apartment under a preliminary agreement, the right to claim it also remains with the Seller, i.e. The buyer will not be able to sell the apartment to a third party by assigning the right of claim.

  On April 1, 2005, the law on mandatory registration of an equity participation agreement or an investment agreement with the Registration Authority came into force. Accordingly, if the apartment was purchased before April 1, 2005 under a share participation agreement with the Developer in simple written form, then the assignment of rights is not subject to mandatory registration with the Registration Authority. To do this, it is enough for the buyer to enter into an agreement on the assignment of rights of claim with the Developer.

In both cases, the assignment of rights of claim can be formalized only after the seller has paid the developer the amount under the agreement concluded between them or by simultaneously concluding an agreement to transfer the remaining debt to the buyer.

An assignment agreement (also known as an assignment of rights agreement) in the real estate sector is a certificate that certifies not the fact of acquiring an apartment itself, but the right to demand its transfer into ownership.

The first type of real estate assignment involves the advance payment of the entire value of the property.

The second type of agreement implies that unpaid funds will be transferred to the buyer in the form of his obligations.

In addition, the assignment can be issued before the transfer of the property. Before the keys are handed over to the buyer, the apartment may be assigned several times.

The assignment itself and the share participation agreement must be registered with the state.

If we talk about the second option, then in this case the future main purchase and sale agreement will be concluded on special conditions within a certain period.

This document does not speak about the purchase and sale itself, but about the fact that they undertake to complete it in the future.

The party who makes the purchase after concluding the assignment agreement must have the following documents on hand:

1. The main agreement with the developer or its copy certified by a notary. In this case, all additional agreements and appendices to the main document must be available.
2. Confirmation of settlements between the parties to the transaction. Usually, this is fixed in the assignment agreement itself.
3. A completed act of transfer of all of the above papers.
4. Consent of the second person to the assignment. In case this document is not provided directly in the contract.
5. The assignment agreement itself.

Agreement on the assignment of the right to claim an apartment sample

1. The characteristics of the object of the transaction and the amount of the transaction are mandatory for inclusion in the agreement for the assignment of the right of claim (sample). Also pay attention to the need to notify the developer and whether the property being sold is pledged;
2. The legislation clearly defines the period by which assignment transactions can be completed - this is the period from the moment the agreement is concluded until the moment the property is transferred into ownership on the basis of the transfer and acceptance certificate;
3. You should pay close attention to the clause in which the price of the contract is stated. According to the law, when concluding an assignment agreement, the buyer receives not only the rights, but also the obligations (including debt) of the seller. It should be taken into account that in the assignment agreement the amount is indicated in full, taking into account the benefit of the seller. However, in case of difficulties with the developer, the amount from the main contract (which will most likely be significantly less) will be taken as the initial data.

• documentary evidence of the buyer's rights of claim (required);
• the main agreement should not limit the right to assign a claim;
• it is necessary to obtain the consent of the developer (if this is stipulated in the main contract) before executing the contract;
• it is necessary to inform the developer about the conclusion of the contract;
• it is necessary to register the agreement;
• After signing and registering the contract, all rights and obligations of the seller pass to the buyer, as well as possible risks.

More to read: Pension for the Wife of the Liquidator Chern

Benefits for the seller and risks for the buyer

To maximize profits, investors try to sell the apartment by assignment closer to the time the property is put into operation, and it is necessary to have time to sell them before signing the transfer and acceptance certificate (acceptance of the apartment). After signing this act and until the property is registered, an average of 3-5 months pass, and during this period it is impossible to re-register the apartment.

The situation is similar with contractor companies that received housing from the developer in exchange for services rendered or supplies of materials. Such companies usually offer apartments at lower prices because they need working capital.

How to process the purchase of an apartment by assignment of rights

According to experts, the least risky option is to enter into an agreement for the assignment of rights under a share participation agreement in construction. A clear plus is “additional” protection under 214-FZ. An obvious disadvantage is that if the share participation agreement in construction is terminated, the end buyer receives back only the amount that is specified in the share participation agreement, and not the amount that was paid to them under the assignment agreement.

Since the direct “participants” in the transaction for the assignment of rights must be developers and banks (in the case of paying for an apartment with a mortgage), they can put forward their own conditions, which must be taken into account; otherwise, they will not give their consent to the assignment of rights, and it will be declared invalid.

Consequences of failure to comply with the conditions for the transfer of rights and obligations under the pledge agreement

The legislator protects the interests of entities engaged in activities in the debt market. For this reason, Part 2 of Art. 354 of the Civil Code establishes the consequences of non-compliance with the conditions on the interconnectedness of the main and collateral obligations.

If the rights under the security agreement are transferred, but the rights under the main obligation remain with the original creditor, or are assigned in favor of a third party, the pledge is subject to termination.

In the case of a mortgage under which a bond is issued, a slightly different procedure is established. According to these provisions, all agreements relating to assignments of the main or collateral obligations are considered void.

Get an expert’s opinion on the collateral agreement in two clicks

How is privatization carried out?

Privatization means the ability of a citizen to legalize his home in order to use this object at his own discretion (use, rental, sale, donation, bequest, etc.) in accordance with the current Housing Code of the Russian Federation. One of the features of privatization is that in order to draw up an agreement for the transfer of an apartment, the agreement of all adult family members living together with the applicant in the given area is required. Finding a sample of such an agreement will not be difficult. You can discuss the details of the sample in more detail, for example, in a law firm, where at the same time you can draw up your own agreement between the members of your family living at this address. All persons under the age of majority are automatically included in the number of owners, with equal rights with the applicant. The right to privatization can be used only once, with the exception of cases where the person applying for this opportunity previously participated in privatization as a minor family member. In this case, the law allows you to participate in privatization again after reaching adulthood.

• application for state registration of transfer of rights in the manner of privatization;
• applicant's passport;
• a power of attorney certified by a notary (if the applicant is a representative of an interested party, in other words, a proxy);
• receipt of payment of the state duty for state registration of the right;
• agreement for the transfer of ownership of residential premises;
• a social tenancy agreement or order, which is the basis for the transfer of rights;
• extract from the house register;
• a copy of the application for refusal to transfer ownership rights in favor of citizens also registered at this address (if not all residents, in accordance with the agreement, acquire ownership of this residential premises);
• other documents necessary for state registration of rights.

Registration of the transfer of rights under an assignment agreement in Rosreestr

The rules for registering an assignment, i.e. the assignment by the assignor (original creditor) to the assignee (new creditor) of the right of claim against the debtor, depend on the form in which the initial agreement was concluded between the assignor and the debtor (Article 389 of the Civil Code):

• if the transaction was concluded in simple written form, it is enough to draw up the document on paper;
• if powers are transferred under an agreement in notarial form, for example under an annuity agreement, you will have to contact a notary for certification of the assignment agreement;
• if rights are assigned under a transaction subject to state registration, one of the stages of the assignment will be an application to the registering authority.

NOTE! In accordance with Art. 164 of the Civil Code, the legal consequences of a transaction for which there is a requirement for state registration occur only after it. Accordingly, failure to submit an assignment agreement to Rosreestr will mean that the agreement between the assignor and the assignee does not give rise to legal consequences.

In this case, the parties need to take into account the position of the Supreme Court, which indicated that failure to comply with the established procedure for state registration of a transaction does not entail negative consequences for the debtor, who, having received a notice of assignment from the assignor, provided the new creditor with execution (clause 2 of the resolution of the Plenum of the Supreme Court dated December 21, 2017 No. 54).

We suggest you read Where to complain about your ex-husband

In addition to registering the agreement itself, the assignor and assignee must register the transfer of rights under it.

The transfer of rights is subject to registration not only in cases where the original agreement concerned the lease of real estate and participation in shared construction, but also in cases where the creditor changes in agreements relating to:

• sale or donation of real estate;
• alienation of real estate for payment of rent;
• rental of a property complex (enterprise);
• and in other cases provided for by law.

In this case, there is no need to go through the transaction registration procedure; the key will be the fact of transfer of rights recorded in the Unified State Register of Real Estate.

Agreement on assignment (assignment) of rights to an apartment during shared-equity construction

1.2. The volume of assigned claims under this agreement is a share in the volume of one one-room apartment (hereinafter referred to as the Apartment), project number: No.____ (Apartment number according to PIB: ___), located in a building at the construction address: St. Petersburg, ______________ district , block _____, total area ____sq.m. (according to the above agreement ____sq.m.) taking into account the area of ​​the balcony, costing _______________________________________ rub.

1.1. The Assignor, guided by Article 382 of the Civil Code of the Russian Federation, cedes to the Assignee its rights and obligations under agreement No._____ dated "__" ___________ 20__ "on shared participation in investing in the construction of a residential building", concluded between LLC "Developer" and the Assignor, the subject of which is shared participation in the construction of a residential building located at the construction address: St. Petersburg, ____________ district, block _____.

26 Jun 2020 stopurist 430

Share this post

Related Posts
• What benefits are available to families with many children in the Moscow region?
• Characteristics of a child for guardianship authorities from kindergarten
• Lease agreement between individual entrepreneur and individual
• How long does it take for vodka to leave the body?

Comments on the document “Debt Transfer Agreement”

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0