Share purchase agreement. Agreement for the sale and purchase of shares in LLC

purchase and sale of apartment shares

Moscow city. The first of January two thousand eight.

We, a citizen of the Russian Federation IVANOV IVAN IVANOVICH, 01/01/1900 year of birth, place of birth: Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, prospect, building, building, apartment, hereinafter referred to as SALESMAN, on the one hand, and

citizen of the Russian Federation PETROVA MARIA IVANOVNA, born 01/01/1900, Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, unit code 000-100, registered at the address: Moscow, prospect, house, building. , apartment, hereinafter referred to as BUYER, on the other hand, have entered into this agreement as follows:

1. The SELLER sells and the BUYER buys ½ (one second) share in the apartment located at: Moscow city, street, house, building, apartment.

2. The said apartment consists of one living room and has a total area of ​​50.2 (fifty point two) square meters. m, including a living area of ​​30.3 (thirty point three) sq.m.

3. The specified apartment belongs to the SELLER by right of ownership, on the basis of a purchase and sale agreement for a share of the apartment dated 01/01/2000, registered on 01/10/2000. in the Office of the Federal Registration Service for Moscow for No. 000/111/2000-222, which is confirmed by the certificate of state registration of rights, form series 77 AA 123456, issued on January 10, 2000. Office of the Federal Registration Service for Moscow, as stated in the Unified State Register of Rights to Real Estate and Transactions with It on January 10, 2000. registration record No. 000/111/2000-333 was made.

4. By agreement of the parties, the specified ½ (one second) share in the apartment is sold for 3,000,000 (Three million) rubles, which the SELLER receives from the BUYER, after the state registration of this agreement and the transfer of ownership in the Office of the Federal Registration Service for Moscow, on the day receiving a registered agreement.

5. ½ (one half) share in the specified apartment before the conclusion of this agreement has not been alienated to anyone, not mortgaged, is in dispute, is not under arrest (ban). The SELLER guarantees that ½ (one-half) share in the specified apartment is not encumbered by the rights of third parties, is not transferred into trust management, for rent, commercial lease, or as a contribution to the authorized capital.

6. At the time of signing this agreement, the owner of the apartment, gr. IVANOV IVAN IVANOVICH.

7. The SELLER undertakes to transfer ½ (one second) share in the specified apartment to the BUYER within 1 (one) day after receiving this agreement registered with the Office of the Federal Registration Service for Moscow, in a condition suitable for habitation, to hand over the keys to the apartment according to the transfer deed signed by both parties in accordance with Article 556 of the Civil Code of the Russian Federation.

8. From the moment of registration of this agreement with the Office of the Federal Registration Service for Moscow and state registration of the transfer of ownership, the BUYER acquires ownership of ½ (one second) share in the specified apartment and assumes it in accordance with Art. 26 of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, the obligation to pay real estate taxes, as well as in accordance with Art. 210 of the Civil Code of the Russian Federation bears the costs of repair, operation and maintenance of the apartment and, in proportion to the occupied living space, participates in the costs associated with maintenance and repair, including engineering equipment, common areas of the house, maintenance of the local area and repairs, including capital ones Houses.

9. Before signing the transfer deed, the risk of accidental loss or accidental damage to ½ (one second) share in the specified apartment and responsibility for its safety lies with the SELLER.

10. When signing this agreement, the parties confirm that they are acting voluntarily, not forced, on mutually beneficial terms, understand the meaning of their actions and are not mistaken about the transaction, have not been deprived or limited in their legal capacity, are not under guardianship or trusteeship, do not suffer from diseases, preventing them from understanding the essence of the contract being signed, and they also do not have circumstances forcing them to complete this transaction on extremely unfavorable conditions for themselves.

11. This agreement is considered fulfilled subject to the full settlement of the BUYER with the SELLER for the sold share in the apartment, as well as the transfer by the SELLER to the BUYER of the specified ½ (one-half) share in the apartment within the period established by this agreement, according to the transfer deed signed by both parties.

12. Contents of Art. Art. 28 (Law capacity of minors), 131 (State registration of real estate), 160 (Written form of transaction), 161 (Transactions made in simple written form), 167 (General provisions on the consequences of invalidity of a transaction), 209 (Rights of the owner for possession, use and disposal of their property), 210 (Burden of maintaining property), 211 (Risk of accidental loss of property), 218 (Grounds for acquiring ownership rights), 223 (Moment of emergence of ownership rights), 288 (Ownership of residential premises), 289 (Apartment as an object of right property), 290 (Common property of apartment owners in an apartment building), 292 (Rights of family members of residential premises owners), 401 (Grounds of liability for violation of obligations), 433 (Moment of conclusion of the contract), 434 (Form of the contract), 450 (Bases of change and termination of the contract), 451 (Amendment and termination of the contract due to a significant change in circumstances), 452 (Procedure for modification and termination of the contract), 453 (Consequences of modification and termination of the contract), 454 (General definition of the purchase and sale agreement and the scope of its application) , 460 (Transfer of goods free from the rights of third parties), 461 (Responsibility of the seller in the event of seizure of goods from the buyer by third parties), 462 (Obligations of the buyer and seller in the event of a claim for seizure of goods), 463 (Consequences of failure to fulfill the obligation to transfer the goods), 475 (Consequences of transfer of goods of inadequate quality), 476 (Responsibility of the seller for defects in goods that arose before transfer to the buyer), 549 (Agreement for the sale of real estate), 550 (Form of an agreement for the sale of real estate), 551 (State registration of the transfer of ownership of real estate), 554 (Price as a mandatory condition in the contract for the sale of real estate), 556 (Procedure for the transfer of real estate), 557 (Consequences of the transfer of real estate of inadequate quality), 558 (Features of the sale of residential premises) Civil Code of the Russian Federation, Art. Art. 34 (Common property of spouses), 35 (Ownership, use, and disposal of common property of spouses), 36 (Property of each spouse), 37 (Recognition of the property of each spouse as their joint property) RF IC, Art. 10 (Grounds for the emergence of housing rights and obligations), 17 (Purpose of residential premises and limits of its use) of the Housing Code of the Russian Federation is known to the parties.

13. The costs of concluding this agreement are borne by the BUYER.

14. This agreement is drawn up and signed in three copies, one of which is stored in the Office of the Federal Registration Service for Moscow, one copy is issued to the SELLER and one copy to the BUYER.

15. In accordance with Art. 131, 551, 558 of the Civil Code of the Russian Federation, this agreement and the transfer of ownership are subject to state registration in the Office of the Federal Registration Service for Moscow.

SIGNATURES OF THE PARTIES:

IVANOV IVAN IVANOVICH

____________________________________________________________________________________________

PETROVA MARIA IVANOVNA

Sale and purchase agreement for 1/2 share of an apartment sample 2019 free download standard form example form print

Example #1

AGREEMENT

PURCHASE AND SALE OF A SHARE IN AN APARTMENT WITH MATERNITY CAPITAL

City "__" _____________ 20__

We, ______________________________________________________________, born _______________,

Salesman, And

G.R.,

Place of Birth: ______________________________________________________________,

citizenship: ____________________, gender: __________, passport: ___________ No. _______,

Issued: _____________________________________________________, _____________ year,

department code: __________, registered at: ___________________

Hereinafter referred to as Buyer.

Together referred to as Parties, acting voluntarily, being of sound mind and sound memory, have entered into this Agreement, drawn up in simple written form, as follows:

  1. Salesman sells To the buyer, A Buyer acquires ownership in accordance with the terms of this Agreement ____ apartment shares № ___ , located at: _________________________________________________ , total area ____ (___________________________) sq. m., the indicated share corresponds to a separate living room ____ (_________________) sq.m. located on the ___ floor of a residential building , (Further - Apartment share).
  1. The price for the indicated ______ Share of the apartment is agreed upon by the parties and amounts to ____________________ (___________________________) rubles partially from own funds and maternity capital funds. Payment of cost Shares of the apartment by the Buyer to the Seller made within __ (_____) business days, counting from the date of state registration of this Treaty and transfer of ownership thereof.
  1. The alienated ____ share of the apartment belongs to the SELLER by right of ownership on the basis of __________________ dated __________, as stated in the Unified State Register of Rights to Real Estate apartments for Buyer according to the transfer deed, in a condition suitable for permanent residence, without arrears in rent, utility bills, or electricity bills.
  1. Salesman guarantees that he enters into a genuine Agreement not due to a combination of difficult circumstances, not on extremely unfavorable conditions for oneself, and the present Agreement is not an enslaving deal for him.
  1. From the date of signing this Contract Seller has no right to alienate Apartment share to third parties, to burden Apartment share rights of third parties, allow the condition to deteriorate Apartment shares.
  1. Agreement comes into force from the moment of its state registration in __________________________________________________________________________ .
  1. State registration of transfer of ownership of Apartment share To To the buyer for real Agreement carried out simultaneously with the state registration of this Agreement.
  1. The content of the transaction, its consequences, responsibility, rights and obligations, as well as the content of articles of the Civil Code of the Russian Federation: 160,161,178, 179,209, 223,250 283, 292, 339, 343, 348, 349,421, 433, 450, 460,461, 549, 550, , 554, 555, 556, 557, 558, art. 35 of the Family Code of the Russian Federation To the parties present Treaty known and understandable.
  1. Parties confirm that there are no additions or changes to the stated conditions Treaty do not have, and also confirm that they are not deprived of legal capacity, are not under guardianship or trusteeship, do not suffer from diseases that prevent them from understanding the essence of what they are signing Agreement.
  1. Costs associated with the conclusion of this Treaty Buyer and Seller bear 50/50 .
  1. Real Agreement drawn up and signed in 3 (three) original copies having equal legal force, one of which is kept in Management Federal Service for State Registration, Cadastre and Cartography for the ____________________ region and one copy is issued To the parties
  1. Real Agreement and transfer of ownership are subject to registration in Management Federal Service for State Registration, Cadastre and Cartography for the _________________________ region.

Example No. 2

Agreement N _____

purchase and sale of 1/2 share in an apartment

g. _______________“__”___________ ____ g.

Gr. ________________________________________, "__"____________ ____ G.,

__________________________________________________________________________,

(type and details of identity document)

identification)

represented by ___________________, acting__ on the basis of _____________________,

hereinafter referred to as the “Seller”, on the one hand, and

gr. ________________________________________, "__"____________ ____ G.,

(Full name of citizen) (date, year of birth)

_____________________,

(type of document certifying (details of the document certifying

personality) personality)

issued by “__”___________ ____ city ____________________________________________,

(name of the authority that issued the document,

identification)

registered___ at the address: _____________________________________________________,

(option: ________________________________________________________________

(name of organization or full name of individual)

represented by __________________, acting__ on the basis of ___________________,

hereinafter referred to as "Buyer", on the other hand, together

referred to as the “Parties”, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Seller undertakes to transfer to the ownership of the Buyer a 1/2 share equal to _____ (__________) in the right of common ownership of premises with a total area of ​​_____ (__________) sq. m. m (hereinafter referred to as the “Premises”), and the Buyer undertakes to accept the share and pay for it the price stipulated by this Agreement.

1.2. Information about the Premises:

1.2.1. Location ________________________________________.

1.2.2. The following persons reside in the Premises and remain in accordance with

by law, the right to use this residential premises: ________________________

(list of persons indicating their rights to use

residential premises for sale)

1.2.3. Other information: _______________________________________.

1.3. At the time of concluding this Agreement, the Seller owns, by right of common shared ownership, a share equal to ________ (________), which is confirmed by the Certificate of State Registration of Property Rights, series _____ N __________ dated “__”___________ ____.

1.4. At the time of the conclusion of this Agreement, the Premises are not alienated to anyone, are not mortgaged, are not promised, are under arrest (ban) and are not in dispute, and have no restrictions on use.

1.5. The transfer by the Seller of a share equal to _____ (__________) in the right of common ownership of the Premises, and its acceptance by the Buyer, is carried out according to the acceptance certificate signed by the Parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The seller is obliged:

2.1.1. Transfer to the Buyer a share equal to _____ (__________) in the right of common ownership of the Premises.

2.1.2. Not to bind the Buyer with any obligations regarding the intended use of the Premises.

2.1.3. Provide all necessary documents for concluding this Agreement and bear full responsibility for their accuracy.

2.1.4. In the event of termination of this Agreement or its recognition as invalid, return to the Buyer the amount of money specified in clause 3.1 of this Agreement.

(Option: When selling a share in the right of common ownership to an outsider:

2.1.5. Comply with the established Art. 250 of the Civil Code of the Russian Federation, the procedure for notifying the remaining participants in shared ownership of the intention to sell their share to an outsider, without violating the pre-emptive right of purchase of the remaining participants in shared ownership).

2.2. The seller has the right:

2.2.1. Require the Buyer to pay for the share in the right of common shared ownership of the Premises in the amount, manner and terms provided for in this Agreement.

2.3. The buyer is obliged:

2.3.1. Accept a share equal to _____ (__________) in the right of common ownership of the Premises and pay for it the price provided for in this Agreement.

2.3.2. Operate and repair the Premises at your own expense in proportion to your share.

2.4. The buyer has the right:

2.4.1. Demand a proportionate reduction in the price of the share in the right of common shared ownership of the Premises or termination of this Agreement in the event that the Seller knowingly provides false information about the Premises.

2.5. The rights and obligations of the Parties not provided for in this Agreement are determined in accordance with the legislation of the Russian Federation.

3. FINANCIAL CONDITIONS AND PAYMENT PROCEDURE

3.1. The parties value the specified share in the right of common shared ownership of the Premises at _____ (__________) rubles.

3.2. Payment of the cost of the share in the right of common shared ownership of the Premises, established by clause 3.1 of this Agreement, is made by the Buyer within _____ (__________) days from the date of signing this Agreement (or: before “__”___________ ____).

3.3. Payment of the cost of a share in the right of common shared ownership of the Premises is made in the following order: _________________________.

4. STATE REGISTRATION OF THE AGREEMENT

4.1. This Agreement enters into force and is considered concluded with

the moment of its signing by both Parties.

4.2. Costs associated with state registration of rights

property of the Buyer, paid at the expense of _________________________.

4.3. The buyer acquires ownership of a share in the common right

shared ownership of the premises after state registration

transfer of ownership rights to _____________________________________________

__________________________________________________________________________.

(name and address of the institution for state registration of rights to real estate

property and transactions with it)

4.4. From the moment of state registration of the Buyer’s ownership of a share equal to _____ (__________) share in the right of common ownership of the Premises, the specified share is considered transferred from the Seller to the Buyer.

5. LIABILITY OF THE PARTIES AND FORCE MAJEURE CIRCUMSTANCES

5.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties bear responsibility under the current legislation of the Russian Federation.

5.2. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent.

5.3. If the circumstances specified in clause 5.2 of this Agreement occur, each Party must immediately notify the other Party about them in writing.

5.4. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the Party’s ability to fulfill its obligations under this Agreement.

5.5. In the event of the occurrence of the circumstances provided for in clause 5.2 of this Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.

5.6. If the circumstances listed in clause 5.2 of this Agreement and their consequences continue to apply for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative methods of execution of this Agreement.

6. DISPUTE RESOLUTION

6.1. All disputes and disagreements that may arise during the implementation of the terms of this Agreement, the Parties will strive to resolve through negotiations.

6.2. Disputes that are not resolved through negotiations are resolved in court, established by the current legislation of the Russian Federation.

7. OTHER CONDITIONS

7.1. All changes and additions to this Agreement must be made in writing and signed by authorized representatives of the Parties.

7.2. This Agreement is drawn up in 3 (three) copies of equal

legal force, one of which is with the Seller, the second with

The buyer, the third - in the body carrying out state registration

rights to real estate and transactions with it ______________________________

__________________________________________________________________________.

(name of body)

7.3. In all other respects that are not regulated by this Agreement,

The parties are guided by the current legislation of the Russian Federation.

8. ADDRESSES AND SIGNATURES OF THE PARTIES

Salesman: _____________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Buyer ____________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Seller buyer:

__________________________ __________________________

(F.I.O.)(F.I.O.)

__________________________ __________________________

(signature)(signature)

Example No. 3

Agreement for the sale and purchase of a share in apartment No. _____

____________________ ___________________________“___” ______________ _______

Citizen ________________________________________, passport (series, number, issued) _______ ______________ _________________________________________ ______________, residing at ________________________________________, hereinafter referred to as the “Seller”, on the one hand, and citizen ________________________________________, passport (series, number, issued) _______ ______________ ________________________________________ ______________, resident at the address __________________________________________, hereinafter referred to as the “Buyer”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

  1. The Seller sells to the Buyer, and the Buyer buys ownership from the Seller of a 1/2 share in the right of common shared ownership in apartment No. _______, located at the address: ________________________________________, (hereinafter referred to as the Share in the Apartment). The apartment in which the alienated 1/2 Share in the right of common shared ownership is located is located on the _______ floor, consists of _______ living rooms, and has a total area of ​​_______ sq.m.
  2. The specified 1/2 Share in the right of common shared ownership of the Apartment belongs to the Seller by right of ownership on the basis of the Apartment Purchase and Sale Agreement dated "___"______________ _______, State Registration No. ______________ dated "___"______________ _______, which is confirmed by the Certificate of State Registration rights issued by "___"______________ _______, in the Office of the Federal Service for State Registration, Cadastre and Cartography (Office of the Federal Registration Service) on ______________, form series _______ No._______, as stated in the Unified State Register of Rights to Real Estate and Transactions with It " ___»______________ _______ year registration record No. ______________ was made, conditional number: ______________. The remaining 1/2 share in the right of common shared ownership of the above Apartment belongs by right of ownership ______________ – “___”______________ _______ year of birth, on the basis of the Agreement ______________ dated “___”______________ _______, state registration number ______________ dated “___”______________ _______ , which is confirmed by the Certificate of State Registration of Rights, issued by "___"______________ _______, in the Office of the Federal Service for State Registration, Cadastre and Cartography (Office of the Federal Registration Service) on ______________, form series _______ No._______, as indicated in the Unified State Register of Rights to real estate and transactions with it “___”______________ _______, registration record No. ______________ was made, conditional number: ______________.
  3. The above-mentioned Share in the Apartment, owned by the Seller, is assessed and sold by agreement of the Parties for a sum of money in the amount of ________________________________________ rubles, which the Buyer undertakes to pay to the Seller in full within _______ day(s) from the moment of state registration of this Agreement and registration of the transfer of ownership of the Share in the Apartment to the Buyer at the Office of the Federal Service for State Registration, Cadastre and Cartography on ______________. The parties agreed that in accordance with clause 5 of Article 488 of the Civil Code of the Russian Federation, the Seller does not have a right of pledge on the Share in the Apartment.
  4. Agreement on the price is an essential condition of this Agreement and, if the Parties conceal the true price of the Share in the Apartment and the true intentions, the Parties independently bear the risk of declaring the transaction invalid, as well as the risk of other negative consequences.
  5. When signing this Agreement, the Seller guarantees that the identification documents provided by him, documents of title for the Share in the Apartment alienated by him, were received from the authorized bodies, are genuine and contain reliable data, and also that to date the Share in the Apartment has been transferred to no one else not sold, not gifted, not promised, not encumbered with the rights of third parties, not transferred to trust management, not the subject of any obligation, not in dispute, lease or under arrest (ban), the Seller’s ownership of it is not disputed by anyone . The share in the Apartment is not the subject of a debt, is not encumbered with rent or collateral, there are no concluded lease and use agreements in any form, there are no persons temporarily registered in the above-mentioned Apartment, and there are no hidden defects known to the Seller. The seller is responsible for the accuracy of the information specified in this paragraph.
  6. The Buyer is satisfied with the quality condition of the Share in the Apartment he is purchasing; he inspected the Apartment before signing this Agreement; he did not find any defects or shortcomings that were not reported to the Buyer.
  7. At the time of signing this Agreement, the residents living in the Apartment and permanently registered at their place of residence are ______________ – “___”______________ _______ year of birth, place of birth: ______________, gender: _______, passport of a citizen of the Russian Federation ______________, issued: ______________, “___”______________ _______ year, code divisions _______, and ______________ – “___”______________ _______ year of birth, place of birth: ______________, gender: _______, passport of a citizen of the Russian Federation ______________, issued: ______________, “___”______________ _______ year, subdivision code _______, which reserve the right to use the specified apartment after state registration of this Agreement and transfer of ownership of the Share in the Apartment to the Buyer. In accordance with the current legislation of the Russian Federation, there are no other persons who retain the right to use the specified Apartment after the Buyer acquires a Share in the Apartment.
  8. In accordance with Article 556 of the Civil Code of the Russian Federation, upon transfer of the specified Share in the Apartment, after the state registration of this Agreement and registration of the transfer of ownership of the Share in the Apartment to the Buyer in the Office of the Federal Service for State Registration, Cadastre and Cartography on ______________, within _______ days(s) ) from the moment of state registration, the Parties are required to draw up a transfer deed after full payment of the cost of the Share in the Apartment by the Buyer. The Seller undertakes to transfer to the Buyer a Share in the Apartment in a condition suitable for habitation, free from the rights and claims of third parties, equipped with serviceable plumbing and electrical equipment, not encumbered by arrears of rent, telephone subscription, international and long-distance calls, utility bills, electricity bills , TV antenna, radio, intercom, etc. When transferring the Share in the Apartment, the Seller gives the Buyer the keys to the Apartment, which the Parties make a note in the above act. If the Seller evades and/or refuses to transfer the Share in the Apartment to the Buyer within the period specified above, the Buyer has the right to refuse to execute this Agreement (from the moment the Buyer refuses to execute the Agreement, the latter is considered terminated).
  9. The risk of accidental loss or accidental damage to property before the transfer of the Share in the Apartment under the transfer deed is borne by the Seller.
  10. The ownership of the Share in the Apartment and the share in the right of common ownership of common property in the house in which the acquired Share in the Apartment is located passes from the Seller to the Buyer after the state registration of this Agreement at the time of entry into the Unified State Register of Rights of an entry on the transfer of rights. In this case, the Buyer becomes the sole owner of the entire Apartment and assumes obligations to pay real estate taxes, and also operates and repairs the Apartment at his own expense, participates in proportion to the occupied area in the costs associated with operation and repairs, including capital ones, in total home and surrounding area.
  11. When signing this Agreement, the Parties to the Agreement confirm that they are of sound mind and memory, are acting voluntarily, are not deprived of legal capacity, are not under guardianship or trusteeship, are not under patronage, are fully aware of the essence of this Agreement, understand its contents, rights and obligations, arising from the Agreement, as well as the consequences of violating its terms, do not suffer from diseases, including mental disorders, that prevent them from understanding the essence of the Agreement, and the Parties guarantee that they are not entering into this Agreement due to a combination of difficult circumstances on extremely unfavorable conditions for themselves, and also that, due to health reasons, they can independently exercise and protect their rights, fulfill their duties, and that the conclusion of this Agreement is not an enslaving deal for any of the Parties.
  12. The parties, guided by Art. Art. 421, 461 of the Civil Code of the Russian Federation came to an agreement that in the event of a court recognizing this Agreement as invalid or in the event of termination of this Agreement for reasons arising through the fault of the Seller established by the court, as well as the assertion of rights by third parties to the Buyer, and the seizure of the Share in the Apartment from the Buyer on these grounds that arose before the conclusion of this Agreement, the Seller undertakes to purchase for the Buyer an equivalent property in a house of a similar category, in the same area of ​​____________________ or provide the Buyer with funds for the independent acquisition of a Share in the Apartment, based on the market value of similar housing at the time of termination of this Agreement, as well as reimburse all losses and expenses incurred in connection with the acquisition of this Share in the Apartment. In this case, the Share in the Apartment cannot be withdrawn from the Buyer until full compensation for losses.
  13. Contents of Art. Art. 131, 160-162, 164, 166-182, 209, 213, 223, 244, 246, 247, 256, 288-290, 292, 408, 421, 433, 450, 460-461, 549-551, 554- 558 of the Civil Code of the Russian Federation, Art. Art. 17, 30, 36-39, 158 Housing Code of the Russian Federation, art. 34 and 35 of the Family Code of the Russian Federation are known and understood by the Parties to the Agreement.
  14. The costs of concluding this Agreement and its registration with the Office of the Federal Service for State Registration, Cadastre and Cartography on ______________ are paid by the Buyer.
  15. This Agreement contains the entire scope of agreements between the Parties regarding the subject matter of this Agreement, cancels and invalidates all other obligations or proposals that may have been accepted or made by the Parties, whether oral or written, prior to the conclusion of this Agreement.
  16. In accordance with clause 2 of Article 558 of the Civil Code of the Russian Federation, this Agreement is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography according to ______________ and is considered concluded from the moment of its state registration.
  17. This Agreement is drawn up in three copies, one of which is kept in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography on ______________, one copy is issued to the Seller and one copy to the Buyer.

ADDRESSES AND DETAILS OF THE PARTIES

A contract for the sale or purchase of a limited liability company most often concerns the acquisition of a share of an enterprise in which the seller and buyer participate. The seller can sell his share in the authorized capital of the enterprise, provided that ownership rights are confirmed by an extract from the unified state register of legal entities.

Agreement conditions

These circumstances are indicated in the introductory part, and the seller confirms that the share belongs to him, is not mortgaged, not seized and does not belong to third parties.

The second part specifies the amount that the buyer must pay for the seller's share. The agreement specifically states that the amount was paid to the seller outside the notary's office before the conclusion of this agreement. The following section defines the rights and obligations of the seller and buyer. The section states that the share is transferred to the buyer, guaranteed against the participation of third parties, and if claims are identified before signing the contract, the claims are satisfied by the seller, if after signing, then by the buyer.

The dispute resolution section indicates methods for resolving disagreements and, if consensus is not found, lists the organizations that undertake the obligation to legislatively resolve disputes. The agreement comes into force from the moment of notarization. Finally, the legal addresses and details of the parties are indicated. The agreement is sealed with signatures.

Yuri Karlovich Pilchevsky

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How to draw up a contract for the sale and purchase of a share of an apartment to the second owner? How does this agreement differ from others? Do I need to get someone's permission or consent? What papers will be required and how much will it cost? Where to start? What incidents and problems can complicate the deal? A comprehensive and detailed consideration of the topic will help you avoid mistakes and sell your share wisely.

Common shared ownership

An understanding of common property is given by Chapter 16 of the Civil Code of the Russian Federation. This is a type of ownership in which the apartment does not belong to anyone individually, but is owned by two or more persons at the same time.

Common property can be joint or shared:

  • When joint property, the size of the share in the right to an apartment is not determined.
  • With shared– the size of the fraction is known and expressed as a regular fraction, for example, 1/3, 1/20. You won't be able to touch the lobe or stand on it, because... it determines only the right to own an apartment together with co-owners.

Participants in shared ownership manage their share personally (Article 246 of the Civil Code of the Russian Federation). Participants in joint ownership dispose of the apartment only by unanimous decision of all co-owners.

Sale of a share in an apartment to a co-owner

When selling a share, the owner is obliged to take into account the right of first refusal of its co-owners.

Art. 250 of the Civil Code of the Russian Federation regulates the sale of a share in the right to third parties who are not among the co-owners. First, an offer indicating the terms of sale of the share is made to the co-owners, and only if they refuse, it can be sold to third parties on the same terms (or more favorable to oneself).

The offer to buy out the share is sent separately to each co-owner. You can send an offer in different ways: telegrams, registered mail with notification (necessarily with a list of attachments), etc.

The most reliable way is to involve a notary in this process. Having received an offer from a notary’s office, citizens react and respond to the offer faster.

The proposal states the intention to sell the share, the price, other conditions if any, and the time period for a response. By law, this is a month. If none of them shows their interest, then this is equivalent to a waiver of the right of first refusal. Now the share is allowed to be sold to outsiders.

If several co-owners have expressed interest, the seller determines the buyer himself. If the seller has agreed in advance with one of the co-owners, he is not obliged to notify other shareholders about the sale.

Collection of documents

When all the terms of the transaction have been discussed by the co-owners, it is time to prepare the documents for its completion. But before that, you should understand whether the buyer will use borrowed funds to pay the seller. This determines the list of documents. Let's consider both options.

Purchasing a share using your own funds

To complete the transaction you will need:

  • Extract from the Unified State Register of Real Estate;
  • Sales and purchase agreement (SPA);
  • Transfer deed;
  • Consent - (or the seller’s husband/wife, in special cases);
  • Permission from guardianship authorities if the seller is a minor/incompetent. How to sell a privatized apartment with a minor child;
  • Certificate of registered persons;
  • , or rather its share.

Buying a share using borrowed funds

Preparing documents will take much longer. The buyer will first have to approve the loan from the bank.

To approve the transaction, the bank provides:

  • application form;
  • extract from the Unified State Register of Real Estate;
  • title document;
  • a copy of the work book;
  • certificate of income according to Form 2-NDFL;
  • pre-prEP;
  • assessment report;
  • agreement on the deposit with a receipt for receipt of the deposit;
  • others, at the request of the bank (certificate for financial capital, CLP agreement for NIS participants, etc.).

When selling a share, the DCP is drawn up by a notary.

After the credit institution approves the issuance of the loan, the parties draw up the main DCP with a notary. The buyer then enters into a loan agreement and a collateral agreement. The loan amount is deposited in a bank safe deposit box or transferred to a deposit. The money will be given to the seller after registration of the transfer of rights.

Drawing up a purchase and sale agreement

When selling a share, the DCP is drawn up by a notary. To prepare the DCT, the notary requests a preliminary DCT, which reflects all the terms of the transaction. All collected papers with an assessment report are transferred to the notary in advance.

Evaluation report

Who prepares the report and why is it needed?

The report is compiled by a certified independent appraiser and is a paid service (from 4,000 rubles). The owners provide the appraiser with an apartment for inspection and photography, as well as title documents for it. The appraiser processes the collected materials and, using special techniques, determines the market value of the apartment and the corresponding share at the current moment. Everything is presented in the form of a report.

If the transaction is a mortgage, then the appraiser calculates not only the market value, but also the liquidation value.

The notary uses the appraisal to:

  1. Checking the correspondence of the price of the share, which is called by the shareholders, and its market value according to the report. A price difference of more than 15%-20% lower will raise suspicions that the transaction is being made under pressure, or that the parties are deliberately underestimating its real price in the contract. If there is any doubt, the notary will not certify the DCP.
  2. Calculation of the amount of state duty for certifying a transaction and for the provision of technical services. The state duty is 0.5% of the contract price, but not less than 300 rubles. and no more than 20,000 rubles. Those. services (typing, photocopying, firmware, etc.) – from 2000 rubles.

2-3 days after the documents are handed over, the notary will invite the parties to sign the agreement.

Share purchase and sale agreement

It is mandatory to include in the DCP:

  • name, place and day of its conclusion;
  • passport details;
  • subject of the contract;
  • the basis for the emergence of the seller’s right;
  • contract price;
  • payment procedure;
  • rights, duties, responsibilities;
  • data on the loan agreement and collateral agreement (for a mortgage);
  • mandatory state registration of transfer of rights;
  • entry into force of the agreement.

After reading and signing the DCP, it is stitched and the notary puts an certifying inscription on the reverse side. The DCP has been issued.

The procedure for selling a share to the second owner

If one owner plans to sell his share to another, and he is ready to buy it on the given conditions, the procedure for the sale (without a mortgage) will look like this:

  1. Notification of the co-owner about the sale of the share;
  2. Receiving a response, verbal enough;
  3. Ordering and receiving an extract from the Unified State Register of Real Estate;
  4. Obtaining the consent of the guardianship authorities (if necessary);
  5. Preparation of preliminary PrEP;
  6. Preparation of the deposit agreement;
  7. Transfer of the deposit amount against receipt to the seller. How to determine the size of the deposit when buying an apartment;
  8. Working with an appraiser, paying and receiving a report;
  9. Obtaining information about registered persons;
  10. Consent of the seller’s husband/wife (in special cases);
  11. Obtaining a certificate from the Pension Fund about the balance of funds. capital (if necessary);
  12. Transfer of all documents to a notary for preparation of the DCP;
  13. Signing the contract with a notary;
  14. Final payment to the seller (via a safe deposit box, in cash);
  15. Submission of documents for registration of transfer of rights;
  16. Receiving an extract from the Unified State Register from the MFC.

State registration of transfer of rights

The transfer of ownership to the buyer is subject to mandatory state registration.

To carry it out, co-owners submit an application to the MFC with documents attached:

  • deed of transfer;
  • seller's receipt for full payment;
  • certificate of registered persons;
  • check for payment of state duty (2000 rubles, for a mortgage - plus another 1000 rubles).

Other documents, if the transaction has special features: with a mortgage, with maternal capital, with the participation of minors/incompetents, etc.

The State Registrar conducts a legal review of the received documents, and if there are no comments, makes entries in the Unified State Register of Real Estate about the transaction, the termination of shared ownership and the emergence of the buyer’s ownership rights. State registration of a notarial transaction takes 5 working days. Upon completion, the buyer receives a DCT at the MFC with a state registration mark and an extract from the Unified State Register confirming the registration of his right.

Challenging a transaction in case of violations of the sale of a share in property to another owner

When selling a share, disputes often arise with the co-owners of the apartment. Disputes most often concern violation of the right of first refusal.

If a co-owner believes that his rights were violated during the sale of a share, he files a lawsuit in court, in which the existence of a violation is substantiated by facts and/or documents.

In what cases will the court consider the right of pre-emption not respected? In judicial practice, taking into account each specific situation and in the presence of many nuances, there are different types of violations of such rights, incl. using criminal schemes.

But in general this is:

  • Failure to notify the other co-owner about the sale of the share;
  • Receiving notice without specifying conditions;
  • Not all co-owners have been notified;
  • Sale of a share to a third party on better terms than were offered to the co-owners;
  • The sale to third parties was completed earlier than a month after the co-owners were notified.

Notice of sale of share

The claim of failure to provide notification of the sale of a share may be refuted by the seller. He must provide the judicial authorities with confirmation that the notification was not only sent, but also contained the proper information.

This can be confirmed in court by::

  • Copies of notification letters sent by the notary to all persons having a pre-emptive right indicating the essential conditions of sale (this is the most ideal option);
  • Postal receipts for sending a registered letter with a notification, a copy of the list of attachments (minus – the contents of the notification are unclear);
  • A certified copy of the notification telegram;
  • Signatures of co-owners confirming receipt of the notice on the second copy kept by the seller (indicating the date).

The buyer's arguments that he was absent from his place of residence for a long time and was unable to receive the notice on time are not accepted if the seller sent it properly. He should not track the movements of the co-owner.

If the location of the other co-owner is unknown, the notice is sent to the location of the apartment or to the last known place of residence of the co-owner. If he has not received it, the court will consider the seller’s obligation to notify the co-owner fulfilled.

If the seller cannot provide evidence of the required notification, then the transaction with the third party is subject to termination.

Best terms for a third party