Contract for the exchange of non-residential real estate

Rules on purchase and sale in the Civil Code and the exchange agreement

Although the chapter of the Civil Code dedicated to and defining the contract for the exchange of real estate or movable property establishes that certain rules on purchase and sale may be applied to it, it is also clarified that such rules must not be in conflict with this chapter and in general with the essence exchanges.

For example, these include articles that involve payment for any products or goods.

It is known that barter does not imply and is not accompanied by monetary payments. The only exception is situations in which objects of property that differ in value are exchanged. Then, accordingly, an additional payment is made in the price.

The essence of the concept of barter agreement

According to the Civil Code of the Russian Federation, a barter agreement means a transaction in which each party undertakes to transfer the ownership of a product to the other party exclusively in exchange for another product. In terms of its economic content, this type of transaction is comparable to a purchase and sale agreement, therefore the general rules for drafting are the same. Barter transactions involving the transfer of ownership of real estate are subject to mandatory state registration; it must be accompanied by an acceptance certificate, signed directly during the exchange of documents and keys.

This is important to know: Requirement to vacate non-residential premises: sample

Essential terms of the exchange agreement

1. The subject of this type of relationship is that information about the immovable subject of the transaction must be specified, indicating its cadastral characteristics (location, area, etc.).
2. For exchange transactions of residential premises - a list of persons retaining the right to use the property after a change of owner.
3. Additional conditions on which agreement must be reached at the request of the parties to the transaction.
4. The value of the transferred real estate asset (the price of all goods).

In addition, if the values ​​of the transferred objects are unequal, a mandatory condition specified in advance in the agreement is the amount of the additional payment; in the absence of this information, the price of the real estate is considered equal.

A distinctive characteristic of exchange transactions is that both participants act as both the seller and the buyer of the goods, and therefore are endowed with the same rights and obligations of either party.

An important point when concluding complex agreements is that the exchange of goods occurs only between objects whose rights are registered.

Main features of the barter agreement

1. The focus is on the transfer of property into ownership (convergence with purchase and sale transactions) - the return of property is excluded.
2. Counter provision is an exchange of goods exclusively for goods with a number of exceptions:

• availability of additional payment in case of non-equivalence;
• exchange of other property for real estate (for example, a car for an apartment);
• exchange of large real estate for several small ones (for equal value of the transaction

The moment of transfer of ownership is the simultaneous transfer of ownership when the parties fulfill all the terms of the agreement and undergo state registration. If one of the parties fails to register the transaction, compensation for damages due to the delay is provided.

Approximate list of documents required for state registration of real estate exchange agreements

1. Statement from the parties to the transaction (their official representatives).
2. Confirmation of registration payment (copy, original).
3. For individuals: identification documents. For legal entities: constituent documents, documents for registering as a taxpayer with assignment of TIN (original, copies), extract from the Unified State Register of Legal Entities.
4. Confirmation of the authority of the representative (original, copy of the power of attorney).
5. Original written agreements - one copy for each of the parties to the transaction and one for attachment to the case.
6. Documents confirming ownership of the material being exchanged.
7. Cadastral passports of the transaction objects (original, copy certified by the authority that issued this document).
8. Confirmation of transfer of real estate.
9. Permission from guardianship authorities if a minor has part of the property.
10. Consent of one of the spouses when purchasing real estate during marriage.

What is property?

According to the civil legislation of the Russian Federation, property includes:

• immovable things:
  land plots and structures firmly connected with them, including buildings, structures, houses, outbuildings and structures, apartments, garages, sheds, garden houses and other non-residential premises;
• any movable things,
  including: cars, motorcycles, trailers, boats, boats, securities, money, shares in the authorized capital of LLCs, objects of art, tools, equipment, inventory, raw materials, products, hunting rifles, household furnishings and household items ;
• intellectual property rights and other non-property rights.

An exception for any types of contracts are those things the circulation of which is prohibited or limited by law (drugs, weapons, ammunition, etc.)

SUBJECT OF THE AGREEMENT

1.1. Participant I undertakes to transfer by way of exchange to Participant II: ;

• unit ;
• number of units ;
• warranty period of operation (storage, shelf life).

1.2. Participant II undertakes to transfer by exchange to Participant I: ;

• unit ;
• number of units ;
• warranty period of operation (storage, shelf life).

1.3. The parties acquire ownership of the goods specified in clauses 1.1 and 1.2 after the mutual transfer of goods.

ADDITIONAL TERMS

6.1. Additional terms and conditions under this agreement: .

6.2. In all other respects not provided for in this agreement, the parties are guided by the current civil legislation of Russia regulating the supply of goods.

FINAL TERMS

7.1. All changes and additions to this agreement are valid only if they are in writing and signed by both parties.

7.2. The headings of the articles are intended for ease of reference and will not be taken into account when interpreting this agreement.

7.3. This agreement expresses the entire contractual terms and understanding between the parties with respect to all matters mentioned herein, and all previous discussions, promises, representations between the parties, if any, shall be superseded by the text above.

7.4. This agreement is drawn up in copies having equal legal force.

7.5. The signed agreement comes into force from "" 2020 to "" 2020.

Preemptive right when dividing inheritance

There is such a feature as an advantage when dividing an inheritance. It is as follows: if the heir and the testator were co-owners of the apartment, when dividing it, he has a priority right to receive his inherited share over the heirs who were not participants in the common property (Article 1168 of the Civil Code of the Russian Federation).

In addition, Article 1169 of the Civil Code of the Russian Federation defines the preemptive right to items of ordinary home furnishings and household items.

It is worth knowing that the heir who has expressed a desire to use his preemptive right is obliged to pay monetary compensation to the remaining heirs (if any).

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The time during which the heir has the right to exercise his preemptive right is three years. If during this period the heir still did not manage to do this, the division of property between all heirs will be carried out in accordance with the general use.

Share allocation

Shares indicated in percentage terms cannot be exchanged. The exchange is permissible only after the shares have been allocated in kind. To do this, the owners must apply to the court with a request to divide the common shared property and determine shares in kind. After a positive decision is made, the owners formalize separate ownership of their shares.

We invite you to read the Complaint against the decision of the economic court to return the statement of claim

The court's decision is based mainly on the certificate of right to inheritance and information from Rosreestr confirming the size of the shares of each heir as a percentage.

After entering into legal force, the decision is submitted for state registration. On its basis, amended information about the owners of shares in this property is entered into the Unified Register. After which, each heir receives a separate extract from the Unified State Register in his name, confirming his ownership.

Procedure for entering into inheritance

The inheritance is considered to be open from the moment when the biological death of the testator occurred (Article 1114 of the Civil Code of the Russian Federation). Within six months after the opening of the inheritance, the heir has the right to determine:

• accept property;
• refuse him.

A citizen accepts an inheritance by writing a corresponding application to a notary public about accepting property through inheritance. Such a document is submitted at the place of opening of the inheritance - the place where the deceased citizen-testator most recently lived.

But the inheritance can be accepted and in fact, for this the heir must perform such actions that make it clear that he treats the inherited property as his own - he paid taxes for it, made repairs (

We invite you to read: Changing the terms of the loan agreement unilaterally

clause 2 art. 1153

Civil Code of the Russian Federation).

After a person has submitted an application containing consent to accept the inheritance, having all the necessary documents, the notary opens an inheritance case. Six months after the death of the testator, the notary issues an official document to the heir - a certificate of the right to inheritance (Article 1163 of the Civil Code of the Russian Federation).

The list of necessary documents that must be collected before visiting the notary's office, the documents depend on the status of the relative, who he is in relation to the deceased:

• death certificate of the testator - confirms the fact of the death of the testator and establishes the exact date of opening of the inheritance;
• a certificate from his last place of residence - makes it clear where the place of opening of the inheritance is located;
• passport - establishes the identity of the heir;
• will (if any);
• marriage/birth certificate - determines the family relationship of the heir in relation to the deceased person;
• certificate of ownership of the apartment - from July 15, 2016, an extract from the Unified State Register (confirms ownership of the property);
• contract of purchase and sale, exchange, gift (confirms the transfer of ownership of the apartment);
• certificate from the BTI;
• receipt of payment of state duty.

This is only an approximate list of documents; it changes depending on the specific situation and the status of the heir. More accurate information about the documents can be found by contacting the notary who will handle the inheritance case.

First of all, a person who wants to receive an inheritance turns to a notary with a written statement about his intention to accept property from the testator. You can find out the address of the notary's office at the place where the inheritance was opened, or at the address indicated in the will itself.

The heir must contact the notary within six months after the death of the testator, but this process should not be delayed.

After a notary office has been found and the application has been accepted, if all the necessary documents are available, the notary opens an inheritance case.

The notary, in turn, gives advice and clarification on emerging issues, checks for authenticity and also certifies documents, divides the inherited property of individuals into appropriate shares, and as a result draws up and issues a certificate of inheritance.

If the heirs are close relatives, namely mother/father, spouse, sister/brother, the state duty will be 0.3% of the value of the inherited property, but not more than 100,000 rubles. (Clause 22, Clause 1, Article 333.24 of the Tax Code of the Russian Federation). For other heirs, the duty is 0.6 percent, but not more than RUB 1,000,000.

The amount depends on family relationships; if a person is a member of close relatives, the percentage of the value of the inheritance will be less than for other persons.

The list of close relatives is determined by law, namely Part 2 of Art. 14 of the Family Code of the Russian Federation.

Article 333.38 of the Tax Code of the Russian Federation defines a list of persons who have benefits for paying state duties. These include:

• disabled people of groups 1 and 2;
• persons who lived with the heir in the same housing and continue to live in it after his death;
• persons receiving inheritance from testators who died while performing state and public duties, and others.

Example

The only heir of Egorov I.E. received an inheritance from his deceased father - a four-room apartment. The total cost of this real estate, according to the assessment, is 6,000,000 rubles. Based on this, when registering the inheritance of Egorov I.E. will pay a state duty of 0.3 percent of the cost of the apartment - 18,000 rubles.

Exchange of apartment with maternity capital

Often there is a need to pay extra with maternity capital in case of unequal exchange. However, this possibility is not permitted by law.

There are two alternative courses of action:

1. Obtaining a mortgage for an apartment and full repayment with maternity capital and funds from the sale of existing housing.
2. Registration of a mortgage and partial repayment with maternal capital.

In both cases, you cannot do without a mortgage, and instead of an exchange agreement, a purchase and sale transaction will be carried out. To register, you must obtain the consent of the guardianship and trusteeship authorities to discharge the child for subsequent registration in the best residential premises.

Thus, you first need to contact the bank. And then to Rosreestr to certify the transaction, if all the nuances are settled and the documents are prepared. A certificate for receiving government support must be attached to the package of necessary papers.

Transactions in which maternity capital appears are not subject to state duty. But a tax on the sale of property in the amount of 13% will need to be paid if the sold housing was owned for less than three years.

If you have any difficulties with the exchange agreement, please consult a lawyer. You can get free legal assistance on our website. Enter your question in the special field on the website.

Drawing up an exchange agreement is the safest option. In this case, the risk of encountering scammers or swindlers is minimal. Despite this, we still recommend that you consult a lawyer before signing a contract.

The last letter of the letter is “a”

Answer to the question “Agreement on the exchange of one property for another,” 4 letters: exchange

Contract for the exchange of real estate: subject composition, conditions, form. Exchange of living quarters.

An agreement for the exchange of real estate is understood as an agreement under which each party undertakes to transfer one piece of real estate into the ownership of the other party in exchange for another piece of real estate or another product.

According to Russian civil law, an exchange agreement is an independent type of contractual obligation, which involves highlighting the distinctive features inherent in this agreement.

The barter agreement is consensual, compensated, bilateral.

The main distinguishing features of an exchange agreement:

- focus on transferring property into ownership (this brings the exchange agreement closer to the purchase and sale agreement, for example);

— the nature of the consideration;

- the moment of transfer of ownership.

Unlike a loan agreement, under which consumable things, determined by generic characteristics (including money), are transferred into the ownership of the borrower on the terms of returning the same number of things (by weight, volume, etc.) or the same amount of money, Under an exchange agreement, the return of property similar to that received is excluded. Under a purchase and sale agreement, consideration on the part of the buyer is always the payment of a certain amount of money, while under an exchange agreement, payment of value is excluded, since goods are exchanged for goods. Payment of a certain amount of money under an exchange agreement is allowed, but only as payment of the difference if the property being exchanged is not of equal value, although the law presupposes the equivalence of the goods being exchanged (Clause 2 of Article 568 of the Civil Code of the Russian Federation). Under an exchange agreement, the ownership of goods received as an exchange passes to each of the parties simultaneously after the obligations to transfer the goods are fulfilled by both parties, unless otherwise provided by law (Article 570 of the Civil Code of the Russian Federation).

A party to an exchange agreement can be any subject of civil rights and obligations: citizens, legal entities, public legal entities. The state (Russian Federation and constituent entities of the Russian Federation), as well as municipalities in terms of the exchange of property that is state or municipal property and not assigned to legal entities, can act as a party to an exchange agreement. State and municipal unitary enterprises and institutions may act as parties to an exchange agreement, provided that such an agreement does not go beyond the scope of their special legal capacity. In order for a unitary enterprise to enter into an exchange agreement in relation to real estate, the consent of the owner of such property is required. As for the institution, it does not have the right to dispose of the property assigned to it. However, if, in accordance with the constituent documents, the institution is granted the right to carry out income-generating activities, then the property acquired from these incomes comes at the independent disposal of the institution and can be exchanged by the latter for other property at its discretion (Article 298 of the Civil Code) <*>. Consequently, an object that is privately owned can be exchanged for an object that is state (federal or subject of the Federation) or municipal property.

Chapter 31 of the Civil Code of the Russian Federation does not contain special rules on the subject of the exchange agreement, therefore it is regulated by the relevant rules on purchase and sale, if this does not contradict the essence of the exchange (clause 2 of Article 567 of the Civil Code of the Russian Federation). The condition on the subject of the contract is one of the essential ones; if real estate objects are exchanged, then each of such objects must be described in the contract in accordance with the requirements of Art. 554 of the Civil Code of the Russian Federation and clause 1 of Art. 18 and paragraph 6 of Art. 12 of the Law on Registration of Rights. Price is not one of the essential terms of the exchange agreement, even if real estate is exchanged. This conclusion is based on the fact that the rules on purchase and sale are applicable to an exchange agreement insofar as they do not contradict the essence of the exchange. Price is the expression of the value of a commodity in money, while the essence of a barter contract is the exchange of goods that are assumed to be of equal value. Consequently, if there is no monetary valuation of the exchanged real estate objects in the contract, the contract cannot be considered as not concluded, due to the fact that the parties have not reached an agreement on all essential terms. At the same time, the fact that there is no monetary valuation of the exchanged real estate in the agreement cannot be grounds for refusal of registration.

The rights and obligations of the parties under an exchange agreement are determined by the fact that each of the parties to such an agreement is recognized as the seller of the goods that it undertakes to transfer, and at the same time as the buyer of the goods that it undertakes to accept in exchange from the counterparty (clause 2 of Article 567 of the Civil Code of the Russian Federation). Each party is obliged to transfer and at the same time accept the goods on time and in the manner stipulated by the contract.

The form of the exchange agreement is not specifically defined in the law, therefore, the rules on the form of the real estate sale agreement are subject to application to the exchange agreement for real estate (clause 2 of Article 567 of the Civil Code of the Russian Federation). This means that an agreement for the exchange of real estate must be concluded in writing in the form of one document signed by the parties (Article 550 of the Civil Code of the Russian Federation).

State registration of real estate exchange agreement. By virtue of the legal provision, according to which the rules on purchase and sale (clause 2 of Article 567 of the Civil Code of the Russian Federation), contracts for the exchange of residential premises (Article 558 of the Civil Code of the Russian Federation), as well as enterprises as a property complex (Article 560 of the Civil Code) are applied to the exchange agreement respectively RF) are subject to state registration as transactions. It must be borne in mind that the exchange agreement is subject to state registration if at least one of the exchanged real estate objects is a residential premises or an enterprise as a property complex. When exchanging other real estate objects, only state registration of the transfer of ownership rights to each of the parties to the exchange agreement is carried out.

A feature of the state registration of the transfer of ownership of real estate acquired under an exchange agreement is that such registration can be carried out only after both parties to the exchange agreement have fulfilled their obligations to transfer the exchanged real estate to each other (Article 570 of the Civil Code of the Russian Federation). It follows from this that in order to register the transfer of ownership under an exchange agreement, a transfer act or acts confirming the transfer of real estate must be submitted.

An essential condition of the agreement for the exchange of a residential building, apartment, part of a house or apartment, room is a list of persons retaining the right to use the residential premises after its transfer to the new owner. If this requirement is not met, the contract is considered not concluded, which means its registration should be refused.

In case of conclusion and execution by the parties of an agreement for the exchange of residential premises, the following registration actions are performed:

- registration of a transaction - an exchange agreement;

— registration of transfer of the right to one residential premises;

— registration of transfer of rights to another residential premises.

At the choice of the parties to the transaction, state registration of the exchange agreement is carried out in any of the territorial bodies of the Service operating within the registration districts on the territory of which the real estate objects that are the subject of this agreement are located, and registration of the transfer of rights is carried out at the location of each of the objects. When a territorial body of the Service receives applications and relevant documents for state registration of an agreement of exchange and (or) transfer of rights to one of the real estate objects, this territorial body of the Service on the same day sends a message about this and a copy of the agreement to the second territorial body of the Service for the purpose of entering the second territorial body of the Service records in the Unified State Register about these statements, indicating the existence of a legal claim in relation to the real estate object specified in the exchange agreement and located on the territory of the registration district within which the territorial body of the Service operates at the location of the second object. In the message, the territorial body of the Service also requests from another territorial body of the Service information about the registered right to the corresponding real estate object, about registered restrictions (encumbrances) of the right, as well as about the existence of legal claims to this real estate object. Within 5 days, the second territorial body of the Service reports to the territorial body that registers the transaction the available information about the object, rights to it and encumbrances. After a decision is made to register a transaction, within 5 days, information about the registration of the transaction and the transfer of rights is sent to the second territorial body (the date of registration and registration number are reported); in case of refusal to register or suspension of registration, a copy of the message is sent. After registering the transaction and transfer of the right by the first territorial body, the second registers the transfer of the right to another object, taking into account the verification of the legality of the exchange agreement carried out by the first territorial body.

The exchange of residential premises carried out by tenants under a social tenancy agreement in the state and municipal housing stock should be distinguished from an agreement for the exchange of residential premises owned by the subjects of the agreement. Such an exchange is carried out in the manner and under the conditions provided for by the Housing Code of the Russian Federation. The law grants the tenant of residential premises under a social tenancy agreement the right, with the written consent of the landlord, as well as members of his family living with him, including temporarily absent members of his family, to exchange the residential premises occupied by them for residential premises provided under a social tenancy agreement to another to the employer.

The agreement on the exchange of residential premises is concluded in writing by drawing up one document signed by the relevant tenants. The agreement on the exchange of residential premises (original) is presented by the tenants who have concluded this agreement to each of the landlords with whom they have concluded social rental agreements for the exchanged residential premises, in order to obtain consent to carry out the corresponding exchange. Such consent (or refusal to give such consent) is drawn up by the landlord in writing and must be issued to the tenant who applied for consent or the tenant’s representative no later than 10 working days from the date of application. However, the exchange agreement is not a real estate transaction and is not subject to state registration.

In accordance with the Law of the Russian Federation of December 24, 1992 N 4218-1 “On the Fundamentals of Federal Housing Policy,” an exchange was allowed between the tenant of a residential premises and the owner of another residential premises (Article 20). In connection with the entry into force of the Housing Code of the Russian Federation, the Federal Law “On the Entry into Action of the Housing Code of the Russian Federation,” this Law became invalid. Does this mean that from now on the exchange of ownership for the right of lease cannot take place? According to the opinion expressed by V.V. Vitryansky, property rights cannot be recognized as separate independent objects of an exchange agreement, since, firstly, from a formal legal point of view, the objects of exchange are goods; secondly, under an exchange agreement, each party transfers one product in exchange for another into the ownership of the other party. Property rights in an independent form cannot belong to anyone based on the right of ownership or other property right <*>. At the same time, the basis for the emergence of civil rights and obligations are not only named, but also unnamed contracts, provided that they do not contradict the norms of current legislation. We believe that the exchange of ownership for the right to use residential premises occupied under a social tenancy agreement does not contradict current legislation. Consequently, such agreements can be concluded subject to compliance with the rules established by the Housing Code of the Russian Federation for the exchange of residential premises, insofar as they relate to premises occupied under a social tenancy agreement and an exchange agreement in relation to residential premises owned by right of ownership. The legal nature of this agreement is unclear, however, it is certainly a residential transaction. In this capacity, the transaction and transfer of ownership are subject to registration; Of course, entries in the Unified State Register are made only in the section for residential premises owned. In this case, two registration actions must be completed:

— state registration of the transaction (exchange agreement);

— state registration of the transfer of ownership of the alienated residential premises.

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Legislative regulation of the barter agreement (Civil Code of the Russian Federation)

The legal basis of contractual relations in the case of apartment exchange is set out in the Civil Code. In particular, the following norms of the Civil Code of the Russian Federation should be taken into account:

• clause 1 art. 567 – both parties undertake under a barter agreement to transfer one product in exchange for another;
• clause 2 art. 567 – each party is the buyer and seller of the goods;
• Ch. 30 – the rules apply in the same way as a purchase and sale transaction;
• pp. 1 clause 1 art. 161 – the barter agreement is concluded in simple written form.

How to draw up a will for an apartment

A special feature of an exchange agreement is that each party is simultaneously the seller of the transferred goods and the buyer of the goods received in exchange. Accordingly, the rules on the seller’s obligation to transfer the goods, contained in Art. 456 Civil Code. Unless otherwise provided by the exchange agreement, each party is obliged to transfer the goods to the other party at the same time.

If the exchange of goods occurs at different times, the rules of Art. 458 Civil Code. Is it possible to draw up a will with a barter agreement?

• Finally, when accepting an inheritance, you must also accept the debts associated with this inheritance. The trick of the type - I'll take this, but I won't take this - is not provided for by law.

When drawing up a will for an apartment with a notary, the notary’s fee will be 100 rubles (Clause 13, Part 1, Article 333.24 of the Tax Code of the Russian Federation), and for drawing up an agreement, taking into account all the nuances, you will have to pay another 500 to 1000 rubles.

Contract form

There are no special requirements for the form of the exchange agreement. This is a regular purchase and sale agreement, but with its own specific points. Therefore, the exchange agreement is concluded in a simple written form, where the subject of the relationship is two real estate objects, but actions with them are carried out within the framework of one document.

The number of copies is equal to the number of parties to the agreement with an additional copy for the registration authority (Rosreestr). The law does not require notarization of the exchange agreement, with the exception of the following cases:

• when the owner of real estate is a minor or a citizen with limited legal capacity;
• alienation of shares in common ownership of a real estate object (with the exception of alienation of shares of a land plot and simultaneous alienation of shares by all participants in shared ownership).

Agreement of exchange between heirs

Execution and registration of the transaction The content of the exchange agreement should accurately and in detail reflect the characteristics of the exchanged objects (address, house number, apartment, area, etc.). In the future, this will avoid all sorts of misunderstandings. The exchange agreement is not subject to mandatory notarization. Although the law does not prohibit participants in a transaction from contacting a notary. State registration “gives” contracts concluded in both forms equal legal force. After signing, the agreement with the attached documents is transferred to the territorial body of Rosreestr.

What is a purchase and sale agreement

This is an agreement between two parties that one of them - the seller - will transfer to the other party - the buyer - a certain thing when he receives payment for it. The agreement may be written, but in some cases it may also be oral.

A sales contract is needed to confirm the transfer of ownership of the goods from the seller to the buyer. The contract will also be useful if you were sold a low-quality product and you want to exchange it or get your money back.

If your product is from a special category, for example a car, then you will be asked to show the purchase and sale agreement when registering the car with the traffic police to make sure that you bought it honestly. Without registration, you will not be able to legally use the vehicle.

Features of this agreement

An apartment exchange agreement is a compensated agreement, which differs from other compensated civil contracts by the presence of a consideration. In this case, the product, that is, the apartment directly transferred under the contract, is provided exclusively as an exchange for another product.

It is worth noting that the apartment exchange agreement contains an important condition (as well as any other residential real estate that belongs to organizations or citizens on a property basis) - the preservation of a complete list of persons acquiring the right to use the exchanged apartment. If such a condition is not fixed in the contract, this document will not be recognized as concluded, and thus the registration of ownership will not occur.

In addition, the apartment exchange agreement must be registered. State registration takes place in several stages in accordance with the stipulated requirements.

The tenant of housing under a social tenancy agreement, having secured the consent of the landlord, has the right to exchange the residential premises he occupies for another, which in turn is provided under a social tenancy agreement to another tenant in accordance with clause 1 of Art. 72 Housing Code of the Russian Federation.

The document is prepared in simple written form. In general content, this agreement is drawn up similar to a purchase and sale agreement.

Mandatory details of the contract:

1. identification data of the parties (full name and other passport data);
2. a detailed description of the apartments as transaction objects (their addresses and location, area, planning features, etc.);
3. the cost of both items of the transaction (this value is determined by agreement of the parties);
4. documented initial data that certify the property rights of apartment owners, and in addition are the basis for their occurrence;
5. amount and terms of additional payment (if necessary);
6. mechanism for the actual transfer of apartments and other nuances of the transaction.

How to draw up a purchase and sale agreement

There is no strict mandatory form of a purchase and sale agreement; you can draw it up in free form. Remember all the points that we described in the article: what product, how much of it, for how much, when, who and how it is delivered.

You can draw up a purchase and sale agreement at home, in a cafe, on the street, in a park - anywhere. You can go to a notary, but no one forces you to do this, not even the law.

If something has changed in your relationship with the counterparty, you can either enter into a new agreement - that is, re-issue it, or sign an additional agreement to the old one.

We have drawn up a sample sales contract using shoes as an example.