LawRegulatory Compliance

The act of reception-transfer of the apartment: design features

The act of transferring an apartment is a document that certifies the fact of transfer of housing under a contract for the sale of real estate between individuals. The fact of the transfer of the premises under the responsibility of another person is also confirmed by the compilation of other similar documents. Before signing the act on the transfer of housing, the entire responsibility for the safety of the apartment rests with the previous owner or construction organization. The content of acts, depending on the particular housing and the situation, may vary.

With a successful transaction, when a contract for buying and selling is registered and a new certificate of ownership is on hand, it remains only to finish the final stage - to sign the transfer of the apartment. Usually the contract establishes the deadline for the physical and legal release of the premises (in case the seller has not been discharged before the transaction).

For the time determined by the contract, the person who sold the apartment is required to withdraw from the registration and to release his living space from his property. After that, both sides of the transaction should meet at the apartment, where the seller provides receipts for payment of rent, electricity, telephone calls and other payments until the time of departure.

In the absence of a receipt for the rent, an approximate amount is calculated before the actual exemption by days. Immediately before signing the act of receiving and transferring a dwelling, the buyer can check with the appropriate authorities for arrears. In the absence of disagreements and disputes, the seller transfers the keys to the buyer, after which the parties sign the document.

There is also a somewhat different scheme. The signing of the deed of transfer and the contract for the sale of housing are made simultaneously, and then they are given together with all the documents for registration. In a similar situation, the buyer takes some risks.

It is necessary to explain why the seller is responsible for the apartment and its safety before signing the act of transferring the apartment, and then, after signing, the buyer. In case there is a fire or flood, the seller will be liable before signing the act, if something happens after, the buyer will already answer for it. Without a signed act, some bodies (for example, the registration chamber of the Moscow region) will not even accept documents, so it remains to be hoped that the seller will turn out to be a decent person, and that during the period of document registration there will not be any extraordinary incidents.

Today there is no single model of the transfer act, but, despite some differences in the form of the contents of the document, its meaning remains the same. The apartment receipt and transfer act must include the following mandatory information: the place and date of the document, the data on the buyer and the seller, the exact address of the apartment being sold, the clause as to whether the buyer meets the condition of the apartment.

The act of transferring an apartment allows the person selling the apartment to avoid unreasonable claims that the buyer can show him.

When selling an apartment with furniture, it is necessary to make a complete inventory of the remaining furniture before signing the contract . And directly at the reception of housing check the availability of property by agreement.

In general, the transfer of real estate is governed by the same article of the Civil Code, which states that this procedure is carried out by the parties under the signed deed of transfer or another document. The seller's obligation to transfer is considered fulfilled at the time of signing the transfer document or act.

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