Housing has always played an important role in human life. But for some time now people have become convinced that buying and selling is not a safe process at all, but it is by no means the only one. Operations with premises can be carried out by concluding an agreement for the exchange of apartments, houses or separate rooms. To give preference to one or another option, you must clearly understand what each of them is.
Exchange concept
If the sale is more or less clear, the exchange often raises a lot of questions. What are the features of this method? To begin with, it is worth saying that in legal practice there are two concepts: "barter" and "exchange". The first is a deal in which both parties are the full owners of their premises. It can be privatized, donated or transferred in accordance with another normative act. In the second case, only one of the parties has such rights. It is with this option that a contract is drawn up sharing apartments. But here there are some peculiarities. In this case, two situations are distinguished:
1. Both residential premises are not privatized.
2. One of the apartments is privatized, while the other is not.
Such complex issues are best addressed with a real estate agent or realtor. He knows more about the situation, knows the intricacies of the law and can correctly draw up an apartment exchange agreement.
This document must be made in duplicate and must be in writing. Orally, such issues are not resolved. The contract is signed by the tenants, and then transferred to the lessor for approval.
Advantages and disadvantages
Like any other document or normative act, an apartment exchange agreement has its positive and negative sides. They must be taken into account before choosing a method of acquiring housing. This option has only one advantage: minimal risk. Even if the transaction does not take place, its participants will not be on the street. They will simply return to those apartments where they previously lived. It is safe and somewhat reliable. But there are several drawbacks to the exchange:
1. You can’t be sure in advance that the secondary living space will be “clean”. Problems can arise at the very last stage and nullify the whole deal.
2. In the case of direct exchange, the choice of options is very limited due to the small existing base today. The probability of obtaining housing at the desired address is low.
All this forces the participants in the transaction to agree to an alternative option, in which the issue is resolved faster, and the choice is much wider.
Special case of exchange
One of the options for documenting a transaction with residential real estate is an apartment exchange agreement with surcharge.
This method is especially popular these days. One part of the people, not being able to pay for a room with a large area, wants to exchange it for another, more modest. The other, on the contrary, owning sufficient funds, wants to improve their living conditions. The operation mechanism consists in the fact that both participants receive the desired apartments, and one of them pays the other for an increased footage. This option is solved by concluding a contract of sale. From this we can conclude that we are talking about apartments owned, as municipal housing You can’t sell. Therefore, this will not be an exchange, but a barter. Regarding the supplement, the following can be said:
- its size and payment methods must be included in the text of the contract in order to avoid further undesirable claims,
- to make such a payment is best through the use of a bank cell or letter of credit.
In such a complex case, you should not rely on your own strength. Of course, you can save a little without involving specialists in the work. But, as practice shows, such a decision is fraught with a high degree of risk.
Clearance Exchange
From all of the above, it is clear that only apartments, rooms or houses that are in municipal or state ownership are subject to exchange. Therefore, in this case, such a transaction is executed as an apartment exchange agreement. A sample document allows you to trace each stage of the operation.
So, to make a final decision, you must have:
- Consent of spouses (if any), as well as living together, but temporarily absent family members.
- Consent of guardianship authorities in the event that one of the parties to the transaction has dependent children or minor family members with limited legal capacity.
- The lack of reasons set forth in article 73 of the LC RF.
- Confirmation of the absence of any defects or defects in the transferred premises.
In addition, by the time of the exchange, tenants must fully pay off debts for utilities and make other necessary payments (electricity, gas, and so on). Such an agreement is necessarily drawn up in four copies: one is transferred to each landlord, and one remains with each party.
Download apartment exchange agreement
