Buying an apartment is considered a complex and risky process for each participant in such a transaction. Therefore, both parties are trying in different ways to protect themselves from possible fraud, financial expenses or other unforeseen circumstances. For this, it is important to correctly draw up a contract of sale and other documents. The procedure can be performed by direct participants in the transaction or by a invited notary. It is recommended to draw up an additional deed of transfer to the contract of sale of the apartment, which acts as an official confirmation that the housing was actually transferred to the buyer.
Purpose of the document
The transfer act performs several significant tasks at once, therefore it is important to approach it with responsibility. It allows in the future to avoid various problems arising between the parties to the transaction. It is allowed to draw up this documentation yourself.
The main purpose of the deed of transfer to the contract of sale of the apartment is the solution of the following tasks:
- this documentation indicates the actual technical condition of the purchased property;
- the rights of both the buyer and seller of the property are protected;
- The document acts as a guarantee of honesty on the part of each participant in the transaction.
The presence of this document in an ordinary transaction is not mandatory, therefore, the parties independently decide whether there is a need for this act. The formation of a deed of transfer to the contract of sale of an apartment on a mortgage is an indispensable process, otherwise the bank may refuse to transfer money and paperwork.
What is formed by?
The deed of transfer to the contract of sale of an apartment may be drawn up by different parties to the transaction:
- the buyer of a residential property, which previously carefully studies the proposed apartment to make sure its optimal technical condition;
- the seller of the apartment who wants to prevent possible disagreements and claims from the second party to the transaction that may arise in the future;
- legal representative of the buyer or seller with a notarized power of attorney;
- a bank representative if borrowed funds are used to buy real estate, so a mortgage is drawn up by the buyer.
Moreover, each person involved in the preparation of this documentation should be well versed in its content, features and parameters. If any serious errors or violations are revealed in the document, the act is easily recognized through the court as invalid. This can lead to the termination of the mortgage agreement or the agreement of sale.
Features for buying a home on a mortgage
It is not allowed to draw up a contract of sale of an apartment without a deed of transfer if the buyer uses borrowed bank funds for such an acquisition. Therefore, if a mortgage is used to buy a home, then the nuances are taken into account:
- usually, when drawing up such an act, the presence of a bank representative is required;
- if errors in this document are revealed by an employee of a banking institution, they must be corrected until the moment when the seller receives an amount equal to the value of the property being sold;
- many banks even offer their customers a form of such an act, in which you need to enter only the necessary information.
A sample of the deed of transfer to the contract of sale of the apartment can be studied below.
What requirements are taken into account?
When drawing up such an act, it is important to consider some rules. These include:
- it is allowed to draw up documentation by hand or using a computer;
- even if the basic information is entered using the technique, the parties to the transaction hand-put their signatures with decryption;
- the free form of this document is selected, but in order for it to have legal force, certain mandatory clauses are certainly included in it;
- the act is signed by both parties;
- not only the signature is put, but also its decoding is given.
If the seller and the buyer do not understand how to draw up such an act correctly, then it is advisable to entrust this process to specialists.
What information is included?
The deed of transfer to the contract of sale of the apartment must contain some mandatory information. It refers to:
- name of documentation;
- date and place of its formation;
- information about the participants in the transaction;
- information about the direct object represented by the subject of the contract, and this includes the address of the apartment, its area, basic technical characteristics and available communications;
- if an object with furniture is sold, then all the interior items available in the premises are listed;
- information confirming that the buyer has become acquainted with the purchased object, as well as he does not have any claims to the seller;
- the date when the keys to the property were actually transferred to the acquirer;
- date of transfer of ownership of the object to the buyer;
- it is indicated that from the moment this act is signed, all obligations of the parties to the transaction to each other are fulfilled, therefore, in the future there cannot be a situation in which one party to the agreement can present any other requirements;
- signatures of the parties are put at the end.
This documentation is formed separately from the direct agreement under which the object is sold.
Can it contain installment information?
Often, real estate is sold in installments, so buyers gradually transfer funds to the seller for real estate. In this case, the process of registration of ownership in Rosreestr indicates the presence of an encumbrance, which is removed only after the seller receives the required amount of funds.
When drawing up a deed of transfer to the apartment purchase and sale agreement, it is by all means indicated when exactly the buyer will fulfill all the obligations. The dates of payment, as well as the size of the amount paid are given.
Important aspects
As soon as the deed of transfer to the contract of sale of the apartment with the indication of the furniture available in the premises is correctly drawn up, the object is transferred directly to the buyer. This document acts as a way to protect the buyer if he is faced with an unscrupulous seller.
Before signing this document, the buyer must carefully examine the purchased property to ensure that it does not contain any significant damage or discrepancy.
What mistakes are made?
In the formation of the act quite often serious mistakes are made. These include:
- different typos or blots are made in the process of entering the most significant information about the transaction;
- documentation is prepared on one day, but signed on another;
- Incorrect information on participants in the transaction.
If truly significant errors are detected, then this may lead to the recognition of such an act invalid. The consequences of this process include the termination of the mortgage agreement or the contract of sale.
There is no need to register a deed of transfer to the contract of sale of an apartment with furniture.If the participants in the transaction do not know how to draw up this document, then they can apply for a corresponding service to a notary or a professional lawyer.
Object Acceptance Rules
Before signing the deed of transfer, the buyer must carefully examine the purchased property to ensure its optimal condition. For this, recommendations are taken into account:
- studying the state of finishing materials available on different surfaces of residential premises;
- analyzes the state of utilities and electrical wiring;
- if you are buying an apartment with furniture, you should study whether these interior items are suitable for further use.
If there are any discrepancies, then they are certainly registered in the drafted act or in the appendix to this document. The buyer may in this case demand compensation from the seller or rectification of defects. Usually this can significantly reduce the value of the property.
Conclusion
A deed of transfer is often used when buying a property. It is provided with mandatory documentation if an object is purchased in a mortgage. It includes information about the purchased apartment, as well as about the interior items available on the premises.
This document is signed only after the buyer carefully examines the condition of the existing facility. If different discrepancies are identified, he has the right to demand a reduction in the cost of the apartment.