Assignment apartments allowed in any type of transaction: the contract of investment or co-investment and pre-signed sales contract and others.Assignment of rights to the apartment is possible, even with mortgage lending.The buyers of this type of transaction may make any individual or organization.
This type of agreement usually occurs at the stage of construction of a new home.Thus, the assignment of rights to the apartment is a bargain, which resulted in the original party (the seller) assigns to another party (the buyer) the rights and duties of the possible that the seller has against a third party.The third party is often a developer.The deal becomes valid only if there is no item in the contract that the assignment of claims to the apartment is prohibited.
This transaction in legal parlance is called precession.A person who is a seller, called the assignor, and the buyer - the assignee.
Who is interested?
Most often, such treaties are interested ordinary consumers, because sometimes sales of apartments in their interest to have the house finished.And other ways of acquiring it at a particular place simply does not.
Why sellers are willing to cede their rights?As a rule, the motives are different, touch on a few.
Why is selling an apartment on the assignment of rights?
is very important to know the real reason that prompted the seller to go to such a deal.The answer to this question depends how risky is this transaction.For example, sale of apartments may be due to the fact that the seller can not (or will not) pay the cost of square meters of its developer.In this case, be sure to find out the amount of current debt directly from the developer, as well as maturity.
But many sellers of unfinished residential facilities seek to conclude a contract of assignment in connection with certain circumstances.In particular, the seller can get an inheritance, and no longer in need of housing or to get a better financial offer.
main types
At the moment, the most frequent types of assignment are:
- assignment on the basis of equity participation agreement;
- transfer of rights, based on a preliminary contract of sale.
Some legal technicalities
deal on the transfer of rights, which is based on an agreement on equity participation, can be concluded until the time when they signed the transfer documents on the subject of the transaction.This apartment is assignable unlimited number of times.
important nuance: the main contract and the contract of assignment must be registered.
When a contract for the second embodiment of the buyer gets the legal right to make demands on the conclusion of the underlying transaction with him the purchase and sale of a residential facility in the future.And also to demand compliance with the conditions and deadlines, but has no right to demand the transfer of the ownership of the apartment.
This is due to the legal intricacies of the preliminary contract.According to him the buyer and seller do not make a purchase transaction, but only undertakes to offer it in the future.In a situation, when signing the preliminary sale and purchase will be canceled, the buyer in the transaction assignment of rights will not be entitled to expect to receive apartments, even if they were paid the full amount of its cost.Return spent funds will be possible only in the judicial process.
Assignment possible from the date when there was signing of the preliminary contract of sale, until the date of signing the main contract.
Assignment when mortgage
assignment of rights to an apartment on mortgage lending is also fairly frequent view of the transaction.Under current law, the owner (the mortgagee) has the full right of property, if the mortgage agreement is not prohibited to transfer their rights to the apartment to another person.
But, having decided to enter into such a transaction, it should be remembered that the transfer of rights can not be made without the consent of the bank, which acts as a lender.The terms of the assignment agreement put forward by the Bank and are subject to change.Very often, the lender does not keep credit conditions for the new owner of the apartment.
Purchase apartment under a contract of assignment
Buying an apartment on the assignment of rights is possible only during the construction of the facility.The period of the possible conclusion of the transaction is governed by Article 11 of the Federal Law 214, which states that the assignment of claims is allowed since the registration of the contract on joint participation until the moment when the parties signed the transfer deed to the construction site.
Remember that if the acceptance certificate signed by the apartment, the contract of assignment of the right to enter into an apartment anymore.Change of ownership in this case can be accomplished only through a deal for the sale of a residential facility or other stipulated by the current legislation, ways.
But as long as the act is not signed, the interest holders have every right to conclude the process.A very important point: the seller may contract of assignment with several potential buyers.This is possible if the apartment has more than two rooms.Such actions seller this law is not prohibited.
Highlights conclusion of the contract
All the major provisions are governed by the Civil Code.
1. The agreement can not be concluded orally, and always shall be in writing.Seller has the right to conclude such a deal only if it does not contradict the basic agreement concluded previously with the developer.Quite often developers themselves include a clause in the main contract, which clearly stated that at the conclusion of the assignment is necessary to obtain his consent to the transfer of rights to another assignee.If a point is missing, the buyer still should make sure that the seller is notified (in writing) of the developer that the transaction was concluded assignment of rights to object under construction.Otherwise, upon completion of housing can still be transferred to the legal owner.
2. Due to the fact that the agreement on share participation held mandatory registration, the assignment of the contract and must undergo the same procedure.If an agreement on share participation has not passed the state registration in the future developer has every reason to refuse the assignee in its demands.
3. Once the treaty passed the procedure of state registration, the buyer assumes all rights and obligations, the list of which is in the main contract.And bears all risks.
4. At the conclusion of the deal on the transfer of step settlement between the parties is practiced use of bank of cells, and the seller will be able to pick up the money only after the re-registration of all necessary documents.
5.Pomimo signed by both parties, signed the documents and the developer.The papers are always stamped in blue, indicating that the transaction was carried out with the consent of the developer.
package of documents on the deal
After signing the agreement on assignment of the buyer must be in possession of the following documents:
- the main agreement or a notarized copy of which was made the assignment;
- documents confirming settlements between the original parties to the agreement;
- the act of transferring the above-mentioned documents;
- consent to an assignment of the second side;
- the original contract.
Assignment of rights to the apartment: tax payable
According to the Tax Code (Article 220, paragraph 1), assignment is taxed, which must be paid an initial investor.The amount subject to tax is calculated based on the total amount of the transaction, and can not be calculated as the difference between the amount of investment and the size of the assignment.
Quite often there is a situation when financial obligations to the state the original purchaser passed on to a man who was made an assignment of property rights to the apartment.Usually, the parties agree to share equally the financial costs.
transaction on assignment of claims has many subtleties.So, before you sign any documents, it is strongly recommended that you consult a lawyer who specializes in real estate transactions.
