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A contract for the sale of space in the garage cooperative. Garage sales contract without evidence

Advice
31.05.2020

By purchasing a garage box, which is part of the HSC, the buyer usually turns out to be a new member of the garage cooperative.

This is due to the fact that it is quite complex there is not so much the design belonging to the garage, how much receiving papers on the ground, on which the property is located.

It is much easier for the option when an agreement is concluded between the participants of the transaction that today the owner comes out of the cooperative, and the new owner enters the members of the GSK.

At the same time, they should notify the chairman of the cooperative and write statements.

The seller constitutes a statement about the exit from GSK, and the buyer is about joining. They negotiate among themselves about the cost of the object being sold.

This method is quite fast and much cheaper costs for the buyer. But the documents of the new owner also will not have on the garage.

Usually, the documentation in the GSK on a separate box is not issued. Make it can the owner only after making the entire mutual contribution. Therefore, before selling, he must first of all issue all the documentation for a separate boxing.

Advantages and disadvantages for a deal if the garage in the GSK

The advantage to acquire the garage box in the cooperative is its price, which will always be lower than the value of the individual garage.

This is due to the fact that the individual garage is decorated immediately with the land plot.

The disadvantages of registration of the transaction for the garage in GSK is that the new owner will have to become a member of the cooperative and pay monthly contributions for the rental of the land.

Where the non-residential structure is already located.

If the GSK is listed in the share of possession, then the consent of all co-owners will be required to sign the transaction under Article 244 of the Civil Code.

Article 244. The concept and basis of the emergence of common property

  1. The property owned by two or more persons belongs to them on the right of common property.
  2. The property may be in common with the definition of the share of each of the owners in the right of ownership (share ownership) or without the definition of such shares (joint property).
  3. The common property on property is the equity, except when the law provides for the education of joint ownership of this property.
  4. General property arises when entering the property of two or several persons of the property, which cannot be divided without changing its appointment (indivisible things) is either not subject to section by force.

    Common property on divisible property occurs in cases provided by law or contract.

  5. By agreement of the participants of joint ownership, and when the consent of the court decision common property The share ownership of these individuals may be established.

Rules of action

Seller

The seller before selling boxing should be issued or retracted (in certain cases) all documentation for the garage. This can be done only with a fully paid para.

First of all, the owner of the box should arrange technical documents. To do this, it resortes to BTI services and causes a cadastral engineer, which produces measurements and description of the individual GSK.

The BTI officer draws up a technical plan, an inventory certificate, a certificate of the state of the premises. After receiving these securities, the owner declares the technical passport on the box. The state duty for its design is 800 rubles.

Based on the technical passport, the owner of the garage boxing carries out cadastral passport, Paying for a fee in the amount of 200 rubles. In the presence of these documents, the garage owner can privatize it.

Only in this case, he will become a full owner who can dispose of his property under Article 209 of the Civil Code.

The seller for the design of the transaction must provide the following package of documents on the garage box:

  • document confirming the identity of the seller;
  • technical certificate;
  • cadastral passport;
  • certificate of ownership;
  • contract of sale;
  • act of acceptance and transmission;
  • paper by land plot: Lease agreement or certificate of ownership.

Article 209. Content of property rights

  1. The owner belongs to the rights of ownership, use and disposal by their property.
  2. The owner is entitled to make any actions that do not contradict the law and other legal acts and not violating the rights and protected interests of others, including to alienate their property to other persons, transfer them, remaining the owner, the rights of ownership, use and disposal of property, to give property to a deposit and burden it in other ways to dispose of them in a different way .
  3. Ownership, use and disposal of land and other natural resources to the extent that their turnover is allowed by law (Article 129) is carried out by their owner freely, if it does not damage environment and does not violate the rights and legitimate interests Other persons.
  4. The owner can convey its property into confidential control to another person (trust manager). Property transfer to trust management does not entail the transition of ownership of the trust manager, which is obliged to manage property in the interests of the owner or the third person specified.

Buyer

Before purchasing a garage boxing, the buyer should check the guidelines. To do this, contact Rosreestr and, paying for state duty, clarify who is the actual owner of the property. You can also find out the cadastral value, which will prompt the real price of the object of non-residential real estate.

No less important is to find out the question of the land plot. Typically, the land under GSK is provided for rent.

It is worth finding out for what period the earth is highlighted. If the rental period comes soon, it is better not to acquire such a structure. It is probability that GSK can be demolished.

From the buyer you need to provide:

  • passport;
  • receipt of payment of state duty.

How to be if there are no documents

If the owner of the garage box without documents for him, then he needs to be issued to EGRN.

If he is the first owner of this GSK, which is engaged in the execution of the privatization of the structure, then the following papers should be required from the chairman of the cooperative:

  1. Charter GSK;
  2. construction permit;
  3. agreement indicating the right to rent land;
  4. act of acceptance of garages;
  5. protocol meeting on the choice of the Chairman;
  6. certificate of repayment of the share;
  7. resolution of the chair for the privatization of the object or provided dolly ownership - Resolution of all shareholders.

All this documentation is needed in obtaining technical and cadastral papers on the real estate object. Only after that the owner will be able to privatize his separate boxing, and subsequently conclude transactions with it to alienation.

How to make a garage purchase and sale agreement in the garage cooperative (GSK)? Sample document

The most important point in the sale transaction is the signing of the contract.

The contract is made independently by its participants.

You can attract a knowledgeable specialist for its conclusion.

The document should necessarily include the following sections:

  • parties to the operation;
  • treaty: Garage description, its location address, some technical parameters;
  • transaction price: payment amount, deadlines and terms of payments.

The document also indicates the rights and obligations of the parties, force majeure. The contract must be defined by two participants in the transaction.

Notarial assurance of this procedure is not necessary according to article 159 of the Civil Code, unless one of the parties insists on this.

Article 159. Oral transactions

  1. The transaction, for which the law or agreement of the parties is not established a written (simple or notarial) form, can be performed orally.
  2. Unless otherwise specified by the Agreement of the Parties, orally all transactions performed with their behavior, with the exception of transactions for which the notarial form, and transactions are established, the non-compliance with the simple written form of which the invalidity entails them.
  3. The focus on the contract concluded in writing may be performed orally by agreement of the parties if this does not contradict the law, other legal acts and the contract.

Only after registering the contract in Rosreestre, the transaction will be considered decorated. The following documents should be provided:

  • 3 copies of the contract of sale;
  • certificate of ownership;
  • passports of participants.

The state duty is usually paying the buyer of real estate, which, according to Article 333.33, the NC is 2000 rubles.

After registration in Rosreestra, each participant will receive in its copy, which will stand on the registration of this operation.

The buyer in this procedure is a more vulnerable side.

Therefore, it is better if the contract will be agreed by a phased payment of money to the seller.

Important: After concluding a transaction, provided that the seller owned boxing for more than three years, the tax deductions do not need to do. When the garage is less than three years in the property, the seller needs to pay a tax, which will amount to 13% of the contract price.

Ownership after the transaction

After registering the transaction, a garage box should be issued in the property of the buyer. To do this, it will require certain papers:

  1. paper purchase document;
  2. cadastral passport;
  3. passport of the new owner;
  4. application for privatization of the object;
  5. receipt of state duty.

Registration can be issued by contacting EGRN or MFC.

Get a document for the right of ownership e-feed Paper on the official website of Rosreestra.

The state duty on obtaining a certificate of ownership will be 2000 rubles for citizens.

Registration is made in accordance with Article 16 of the Federal Law No. 218 when contacting EGRN for 7 days, in MFC - 2 days more.

When concluding a contract for the purchase and sale of garage boxing in GSC, it should be familiar with some features of this procedure.

The buyer must make sure that the owner has required documentsAlso must familiarize themselves with the papers on the land on which garages are built.

In the worst case, the procedure of their renewal or decoration is re-issued if something is wrong. The new owner is most likely to have to join the HSC and pay membership fees.

Often purchased real estate include not only houses and apartments, but also garages. Transactions, the subject of which is a non-residential real estate (the garage relates to it) is subject to special legal registration.

If you decide to buy or sell a garage, conclude a contract with a counterparty, in which you specify the characteristic of the object, the price of it, the process of the work of calculations, the disagreement protocol, information on how the object will be transmitted. Consider each condition this document. Parties to the contract can be not only physical, but also legal entities.

With regard to the forms of this contract, the requirements for the contract for which the property is sold.

According to Article 550 of the Civil Code of the Russian Federation, such a document is united and shall be conclusion in writing without notarization. The presence of signatures of the parties must.

Any violations identified in the written form of the contract for which real estate is sold, lead to the loss of the reality of such a contract.

In accordance with Article 130 of the Civil Code of the Russian Federation, the metallic garage is driven property if its movement does not cause damage. However, in this situation, the contract is subject to registration according to the standard rules, only other characteristics of the subject of the contract are indicated.

After the time and place will be defined, information about each of the parties to the contract is specified. Such information includes passport data, and place of residence should be clarified.

  • its area;
  • the material from which it is made;
  • the presence of adjacent walls with other objects;
  • information about the observation pit;
  • information on what is the roof garage;
  • other additional signs.

Be sure to specify the cadastral number, as well as the information about where exactly the garage is located within a certain territory.

Further sections are identical to standard sections property contracts. It is important to note that the text of the concluding agreement should clearly reflect the process of alienation of the subject of the transaction from the seller to the buyer.

Also specify the following conditions:

  1. Information on how rights will be transferred, as well as the process of transition to the transition (determined by the act);
  2. The specific price and information on how cash is paid by the Buyer;
  3. The amount of responsibility that falls on each of the parties. Be sure to determine the sanctions that will be applied in cases of violation by the parties to the terms of the concluded agreement;
  4. The possibility of termination of the contract in one-way and judicial order, as well as by agreement of the parties. At the same time, indicate those specific circumstances whose offensive will serve as a basis for such an opportunity;
  5. The list of circumstances to be regarded as irresistible force, as well as the actions of the parties in case of their offensive. The main condition is usually the requirement to prevent the opposite side about their offensive;
  6. Specify the number of instances of your contract, as well as information on whether registration will be conducted. In addition, you can specify other information that will be required to implement the transaction.

In addition to the above items, the Seller and the Buyer may supplement the contract with various other conditions, information, requirements that are not prohibited by law.

What nuances should be taken into account when buying and selling a metal garage?

When making this transaction, you acquire exclusively by the portable garage itself, and not a plot of land on which it is located. It is also necessary to remember about the existing taxes imposed on the income received from the sale of one or another property.

According to the law, the right to tax deduction arises from persons who are owned both movable and immovable property, with the condition that the deduction will not exceed 250,000 rubles. In order to get this amount of money, contact the tax service.

If you gathered to acquire a metal garage, decide in advance where and how it will be located, in whose property is the land that will be left for it.

How is the contract for the sale of a metal garage?

By the provisions of Article 161 of the Civil Code of the Russian Federation, when selling a garage, which relates to movable property, it is necessary to conclude a contract if the garage costs more than 1000 rubles. It is permissible to compile only one instance of this document that is mandatory signed in the future parties. In addition, the contract must contain an act as an application, according to which the object of the contract will be transmitted. It is permissible to reinforce his reception seller.

It is the contract that is issued in accordance with all the requirements and regulations is a confirmation of the right to hold the garage.

Remember that the state registration of the garage is not required, it gives the acquirer of such property a wide range of opportunities for orders.

When moving the right to hold the garage, it is permissible to make only receipt, bypassing the compilation of the contract. It is important to take into account that in this case the responsibility will be charged with the seller in the event of claims to the garage from other persons.

Be sure to include in the contract for which you sell the driven garage, the following conditions:

  • detailed garage characteristic. Here, make a link to the fact that the garage refers to the property movable;
  • price and order, in accordance with which you need to pay;
  • ways to overcome emerging disagreements.

In practice, quite often in transactions of this kind involved municipal membersWhat implies a certain guarantee that the document will be appropriately compiled.