Reservation of an apartment is allowed for any typetransactions: under a contract of investment or co-investment, as well as a preliminary contract of sale and other. Assignment of rights to an apartment is possible even with mortgage lending. Buyers for this type of transaction can be any individual or organization.
This transaction in the legal language is called a cession. The person who is the seller is called the assignor, and the buyer is the assignee.
Most often in the conclusion of such contractsinterested ordinary buyers, because sometimes the sale of apartments in the house of interest is already finished. And there is simply no other way to acquire it in a particular place.
Why sellers are ready to assign their rights? As a rule, motives are different, we touch only a few.
But many sellers of such unfinished residentialobjects seek to conclude a cession agreement in connection with certain life circumstances. In particular, the seller can receive an inheritance and no longer needs housing or received a more profitable financial proposal.
At the moment, the most frequent types of assignment of rights are:
Important nuance: the main contract and the contract of assignment must be registered.
When concluding a contract for the second optionthe buyer receives a legal right to make demands for concluding with him the main transaction for the sale of a residential object in the future. And also to demand compliance with the terms and deadlines, but has no right to demand the transfer of ownership of the apartment itself.
This is due to legal subtletiespreliminary contract. According to him, the seller and the buyer do not make a purchase transaction, but only assume the responsibility to accomplish it in the future. In the event that the concluded pre-sale is canceled, the buyer will not be entitled to receive the apartment even if the full amount has been paid. The return of the spent money will become possible only in the judicial process.
Assignment of rights is possible from the date when the preliminary contract of sale was signed, and until the date of signing the main contract by the parties.
But, deciding to conclude such a deal, it should beremember that assignment of rights can not be made without agreement with the bank, which acts as a lender. At the same time, the terms of the assignment agreement are put forward by the bank itself and can be changed. Very often the lender does not keep the credit conditions for the new owner of the apartment.
Remember that if the acceptance certificate of the apartmentsigned, then the contract of assignment of the right to an apartment can not be concluded. Change of ownership in this case can be carried out only by concluding a transaction on the purchase and sale of a residential facility or other ways provided by the current legislation.
But until the act is signed, the shareholderhas the full right to conclude a cession. A very important point: the seller can enter into agreements on assignment of rights simultaneously with several potential buyers. This is possible if the apartment has more than two rooms. Such actions of the seller by this law are not prohibited.
All the main provisions are governed by the Civil Code of the Russian Federation.
1. The contract can not be concluded orally and is always made in writing. The seller has the right to conclude such a transaction only in the event that it does not contradict the main contract concluded earlier with the developer.
2. Due to the fact that the agreement on equity participation passes mandatory registration, then the assignment agreement must undergo the same procedure. In the event that an agreement on equity participation has not passed state registration, then in the future the developer has every reason to refuse to assign to its assignee.
3. After the contract has passed the state registration procedure, the buyer accepts all rights and obligations listed in the main contract. And bears all possible risks.
4. At the conclusion of the transaction of assignment at the stage of settlements between the parties, the use of banking cells is practiced, and the seller will be able to withdraw money only after all necessary documents have been reissued.
5. In addition to the signatures of both parties, the documents are signed by the developer. The papers are always certified with a blue seal, indicating that the transaction is conducted with the consent of the developer.
After signing the agreement on assignment of rights, the buyer must have in his hands the following package of documents:
- the main contract or its notarized copy, on which the assignment was made;
- documents confirming settlements between the original parties to the contract;
- an act of transfer of the above documents;
- consent to an assignment from the other party;
- original contract.
Quite often there is a situation wherefinancial obligations to the state, the original buyer transfers to the shoulders of the person to whom the assignment of ownership of the apartment was effected. Usually the parties agree to divide these financial costs equally.
The right of assignment transaction hasmany subtleties. Therefore, before signing any documents, we strongly recommend that you consult a lawyer specializing in real estate transactions.
</ p>
