A lease may be drawn up for various assets. It includes apartments, houses, rooms, cars or other equipment. An agreement may be made between individuals or companies. A rental with subsequent redemption is considered to be quite in demand. She is an interesting alternative to a mortgage or car loan. In order for the contract to have legal force, it is important to pay much attention to its proper formation.
Essence of the agreement
A lease agreement with a subsequent redemption has many similar parameters with leasing. At the end of the term of the agreement, the property becomes the property of the tenant. The features of the preparation of such an agreement include:
- Parties to such an agreement may be citizens or company representatives;
- lease payments include not only payment for the use of property, but also part of its value;
- after the expiration of the agreement, a sales contract is drawn up;
- the seller is obliged on the basis of this agreement to transfer the property to the buyer;
- experts recommend registering both the lease and the direct purchase of an apartment or other item.
Only the state registration guarantees that both parties to the transaction will comply with their obligations.
Pros and cons of the deal
Rent followed by redemption can be applied to different property. The main advantages of its use include:
- the buyer can use the installment plan, therefore, the cost of a certain property is gradually paid, for which it is not required to use credit funds and pay a significant amount of money in the form of interest;
- the seller of valuables becomes the recipient of regular and passive income represented by the monthly rent;
- participants in the transaction can independently determine which settlement scheme is most attractive to them, moreover, it is allowed to use deferment or making a larger amount than indicated in the contract;
- since both parties are bound by agreement, you can be sure that there will be no damage to property.
But such an agreement has some disadvantages. These include the fact that the seller does not immediately receive the full value of his apartment. If the seller dies, the buyer will have to draw up a new agreement with his relatives represented by the heirs, and they may not agree with the previous terms of cooperation. Therefore, a lease agreement with the right of subsequent redemption is drawn up only after a thorough study of all the pros and cons.
Features of the agreement
A lease agreement with subsequent redemption may be made in respect of different property. Most often, the subject of the agreement is different real estate, represented by apartments or houses. The rules for using this method of buying different objects include:
- the procedure for the transfer of objects is regulated by the provisions of the Civil Code and the LCD;
- it is permitted to draw up such an agreement in respect of commercial real estate;
- the lease provides for the transfer of the object for use, but the transfer of ownership must be registered separately;
- the contract is drawn up only in writing;
- since it is planned in the future to transfer ownership of the object, it is advisable to contact a notary for certification of the transaction;
- the document reflects all conditions of cooperation, namely the size of monthly payments, the rules for paying for housing and communal services, as well as the nuances of the repair or other important conditions;
- the agreement must necessarily contain a clause related to the procedure for transferring ownership of the object;
- both parties to the transaction must sign the contract voluntarily.
If one party violates the terms of the transaction, then all issues are resolved through the court, if it is not possible to resolve the conflict in a peaceful way.
What items are included in the contract?
When drawing up a lease agreement with the subsequent purchase of a house or apartment, it is imperative to include some important information in this document. Mandatory items include:
- information about the parties to the transaction, to which their F. I. O. refers, passport data, as well as dates of birth and place of registration;
- parameters of a dwelling or other property leased under this agreement;
- general condition of the item, for example, the presence of repairs and furniture;
- the frequency with which tenant must make payments;
- the amount of payments, which includes not only payment for the use of the premises, but also for its acquisition;
- the term of the agreement, and most often such an agreement is drawn up for 5 years;
- conditions on the basis of which the premises become the property of the tenant;
- rights and obligations that are vested in both parties to the transaction;
- a procedure on the basis of which the size of payments increases due to indexation or a change in the ruble exchange rate in relation to other currencies;
- conditions under which cooperation ceases;
- the procedure for making any adjustments to the agreement;
- various force majeure, in which termination of the contract or a change in its material terms is allowed.
The model contract can be studied below.
What documents are required?
The documentation that both participants in the transaction have to prepare depends on the subject matter of the agreement. If you plan to rent a vehicle with subsequent redemption, then you need a TCP and a certificate of registration.
If the subject of the agreement is real estate, then the following papers are prepared:
- passports of both participants;
- if property owned by the spouses is leased, the wife must draw up and notarize consent to this transaction;
- certificate of marriage between the owners of the apartment;
- technical papers on the facility;
- extract from the USRN, confirming that the lessor is indeed the owner of this property;
- account number to which the tenant will pay rental payments;
- title documents for the apartment;
- report on the assessment, which contains information on the value of the property;
- a certificate that must be obtained from the Rosreestr, and it contains information on the presence or absence of various encumbrances;
- certificate from the home book, including data on all registered persons.
The exact number of documents depends on the features of the contract. Since the transfer of ownership of the property is planned as a result, it is advisable to use the help of a lawyer in the process of drafting such an agreement.
Payment Methods
The parties decide on their own how the funds will be transferred, as well as what the size of the payments will be. When drawing up a lease agreement with subsequent redemption, the following information may be entered into the document:
- money is transferred in cash, but it is necessary to draw up a receipt each time;
- bank transfer of funds;
- use of a bank letter of credit.
It is advisable to use different tranches when transferring money, as well as indicate their purpose.
Agreement risks
A lease with a subsequent redemption has certain risks for both the seller and the buyer.The main risks include:
- if the owner of the property refuses his obligations, the tenant will not be able to return his money, since he actually used the premises;
- apartment owners may lose profits due to regular changes in property prices;
- jurisprudence on such matters shows that the outcome of the trial may be unpredictable;
- the right of ownership passes only in the future, and various force majeure may always arise in which the tenant will not be able to obtain property ownership;
- the exact form of the agreement is not provided by law.
The courts do not adhere to any unanimous opinion in the event of such disputes, therefore, there is always the possibility that any participant in the transaction will lose his money.
Can I rent a car with a subsequent purchase?
The subject of such an agreement may be not only real estate, but also other miscellaneous property. This includes a car that can be transferred for use to another person for a different period of time. When drawing up the contract, the following points are taken into account:
- the agreement clearly describes all the characteristics of the machine so that it can be easily identified;
- Includes information about the brand of the machine, its cost and other parameters;
- if the tenant plans to use the car to work in a taxi, this fact is indicated in the contract;
- when calculating the size of the payment, car wear is taken into account.
A sample car rental agreement with subsequent redemption can be studied below.
Other types of agreements
A lease may be drawn up for various items. These include:
- land received by the tenant from the state after tendering;
- rental of commercial real estate used for entrepreneurial activities;
- the use on the basis of such an agreement of any expensive equipment, and this agreement is popular among large production organizations.
Each agreement has its own nuances and features. It is advisable to use the services of a professional lawyer when signing any document.
Conclusion
Lease with subsequent redemption of leased property is considered a popular process. An agreement may be made in respect of various items represented by apartments, cars, equipment or other items. Much attention should be paid to drafting a direct contract so that it has all the necessary conditions and requirements.
When concluding such an agreement, many specific risks arise, and both parties to the transaction. Therefore, it is advisable to use the help of lawyers in the preparation of the document.