Agreement for the purchase and sale of space in a garage cooperative. Drawing up a purchase and sale agreement for a metal garage

The question that will be raised in this article is how to buy a garage that is not privatized?

Such objects cannot be sold, since they do not belong to the owner by right of ownership..

Despite this, the use of the garage by third parties is permitted.

If the seller refuses to privatize the object, you can use the following algorithm:

drawing up an act of transfer of the object;
transfer of a sum of money (required against receipt).

It will not be possible to register such property in your name..

IMPORTANT! The best option for the acquirer is if the seller privatizes the property. It is very difficult to defend the rights to an object that has not been privatized if you have acquired it. Don't take risks, buy a garage that is privatized by the seller.

Only the person in whose name this property is registered can become the owner of this property (privatize it).

If you decide to buy a garage you like, but it is not privatized, it will be useful to convince the seller to privatize the object. To privatize and subsequently register an object, you must contact the administration.

Citizens should also remember the risks of purchasing a non-privatized property, such as the inability to refuse the transaction. Sometimes, when dealing with the purchase and sale of such objects, people cannot refuse the transaction.

The purchase of non-privatized property, of course, does not give the right to dispose of this property (alienate, donate, etc.), but does not prohibit using it. Therefore the following options are available:

use without registering;
convince the seller to privatize the property.

The purchase and sale transaction of such an object is drawn up in writing, draw up a deed of transfer and transfer sum of money on receipt. After this, the buyer has the right to use the garage, that is, the right to use it as a place to store the vehicle.

In fact, this use is illegal, since the buyer does not have title to the object (ownership rights). However, this use often continues for quite a long time and sometimes ends with attraction to administrative responsibility.

The purchase and sale agreement in 2017 includes the following clauses:

Passport data of the seller and buyer;
The essential terms of the agreement include: the area of the facility, its actual location and number (applies to garage boxes as part of the GSK);

Amount to be paid. It is worth noting that for reliability, the price is duplicated in words, and the payment procedure is also specified: installments or one-time payment;
Other conditions. For example, the responsibility of the parties, the date of vacating the garage by the seller.

Note that the act of transferring the garage is also very important, since this document certifies the fact that the buyer has accepted the premises and has no claims against the buyer. The drawing up of this document is the desire of the parties, so its failure to draw up does not affect the transaction, but it helps to relieve the parties of claims.

How to buy a garage?

Purchasing a garage can be divided into the following stages:

Documents for the garage are checked;
A purchase and sale agreement is concluded. It is not necessary to have it certified by a notary. The contract specifies the area, the fact of transfer of keys to the purchaser;
The calculation is made;
A certificate of ownership of the premises is issued. A passport, a receipt for payment of the duty, a cadastral passport, as well as a certificate of payment of the share (if the garage is part of the GSK) are submitted to Rosreestr.

As a result, the buyer receives a certificate on the basis of which he will own the building.

Cost of registration of a garage sale and purchase transaction

Between individuals the contract is drawn up free of charge, since the law does not have a rule for registering a sales contract. However, the transfer of ownership of real estate is subject to registration. In this case, you need to pay a fee of 2000 rubles.

(movable)

G. ……………………. "….."……………… 20…..g.

We, the undersigned, ……….....………................. (full name of the seller) ……………………… ...,

registered at:

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

and, ………………………...………………… (full name of the buyer) ………………………………………

passport …..…. No.……..…………… issued …………….......……………………………………

"……" ……………….. 20…. city, subdivision code………………………………

registered at:

city ……………..… street …..…........…...…..… house ……… building ……… apartment ……..

hereinafter referred to as the “Buyer”, on the other hand, have entered into this Agreement as follows:

1. The Subject of the Agreement

1. 1. The “Seller” sold and the “Buyer” bought property in accordance with the terms of this agreement (hereinafter referred to as the “Garage”)

........................... (metal, brick, concrete) ............. ................ area…………sq.m.

located in the GSK ......... (name or number of the garage-building cooperative) ………...

at the address: city ………….......……….., street …………………………..………, garage No. ….....…

1.2. The specified "Garage" belongs to the "Seller" by right of ownership, which is confirmed

………………....… (details of the document confirming ownership) ..............................

By agreement of the parties, the “Seller” sold and the “Buyer” bought the above-mentioned “Garage” for

………………………...….……… (amount in words) …………………..…….. (........ in numbers …..) rubles.

1.3. The “Seller” guarantees that at the time of conclusion of the Agreement, the “Garage” belongs to the “Seller” by right of ownership, is not in dispute or under arrest, is not the subject of a pledge, and is not encumbered by the rights of third parties.

1.4. The “Seller” guarantees that on the date of conclusion of the “Agreement” the “Garage” is in good condition and meets the requirements for its intended use.

Payment method under the "Agreement":

transfer by the “Buyer” of cash to the “Seller” upon signing this agreement.

2. Duration of the contract

2.1. The “Agreement” comes into force on ………… (date or event of the commencement of the agreement) …........…..

and is valid until the “Parties” fulfill their obligations under the “Agreement”.

3. Rights and obligations of the parties

3.1. The "Seller" undertakes:

3.1.1. Transfer the “Garage” to the “Buyer” in the manner and under the terms of the “Agreement”.

3.1.2. Transfer to the “Buyer” together with the “Garage” all documents and accessories related to the “Garage”:

…………………………………………………………………………………...……………………

3.1.3. Notify the “Buyer” in writing about all hidden defects of the “Garage” before transferring the “Garage” to the “Buyer”.

3.2. The "Buyer" undertakes:

3.2.1. Accept the "Garage" in accordance with the terms of the "Agreement".

3.2.2. Pay the price of the "Garage" in the manner and within the time limits established by the "Agreement".

4. Final provisions

4.1. The “Buyer” is satisfied with the quality condition of the “Garage”, established through an internal inspection of the garage before concluding this agreement, and did not discover during the inspection any defects or shortcomings that the “Seller” did not inform him about.

4.2. The “Buyer” acquires ownership of the “Garage” after full payment for the “Garage” and the transfer of the “Garage” by the “Seller” to the “Buyer” under the acceptance certificate.

4.5. The parties confirm that they are not deprived or limited in legal capacity, are not under guardianship or trusteeship, do not suffer from diseases that prevent them from understanding the essence of the agreement being signed and the circumstances of its conclusion, and they also do not have circumstances forcing them to make this transaction at an extremely unfavorable price for themselves conditions.

Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as " Salesman", on the one hand, and the citizen, passport (series, number, issued), living at the address, hereinafter referred to as " Buyer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

The Seller undertakes to transfer ownership, and the Buyer undertakes to accept and pay in accordance with the terms of this agreement the following real estate: brick garage, area sq.m., located in GSK "" at the address: , garage no.
The garage belongs to the Seller by right of ownership on the basis of: which is confirmed by the Certificate of State Registration of Rights dated "" series No., according to which in the Unified state register rights to real estate and transactions with it "" the year registration entry No. was made.
The seller guarantees that before the completion of this agreement, the property specified in clause 1 has not been sold to anyone else, has not been pledged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.
The garage specified in clause 1 was sold for rubles, paid by the Buyer to the Seller in cash in cash before signing this purchase and sale agreement.
The Buyer is satisfied with the quality condition of the garage, established through an internal inspection of the garage before concluding this agreement, and did not discover during the inspection any defects or shortcomings that the Seller did not inform him about.
The buyer acquires ownership of the garage after state registration of the transfer of ownership.
This agreement for the sale and purchase of a garage is at the same time an act of acceptance and transfer.
With the content of Art. 167, 209, 223, 288, 292, 551, 552, 556 of the Civil Code of the Russian Federation are familiarized to the parties.
The buyer bears all costs associated with the execution and state registration of this agreement in accordance with current legislation.
The parties to the agreement 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 the agreement, and there are no circumstances forcing this agreement on extremely unfavorable terms.
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 state registration of this agreement.
This agreement comes into force from the moment it is signed by the parties and is valid until the completion of registration of the buyer’s ownership rights to the purchased property and completion of all payments.
This agreement may be terminated in accordance with the procedure established by law.
This agreement has been drawn up in three copies, one of which is with the Seller, the second with the Buyer, the third with the body carrying out state registration rights to real estate and transactions with it.

DETAILS AND SIGNATURES

Salesman

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

Buyer

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

garage Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Salesman", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Buyer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

The Seller undertakes to transfer ownership, and the Buyer undertakes to accept and pay in accordance with the terms of this agreement, the following real estate: a brick garage, with an area of sq.m., located in GSK "" at the address: , garage no.
The garage belongs to the Seller by right of ownership on the basis of: which is confirmed by the Certificate of State Registration of Rights dated “” 2020, series No., according to which registration entry No. was made in the Unified State Register of Rights to Real Estate and Transactions with It “” 2020.
The seller guarantees that before the completion of this agreement, the property specified in clause 1 has not been sold to anyone else, has not been pledged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.
The garage specified in clause 1 was sold for rubles paid by the Buyer to the Seller in cash before signing this sales contract.
The Buyer is satisfied with the quality condition of the garage, established through an internal inspection of the garage before concluding this agreement, and did not discover during the inspection any defects or shortcomings that the Seller did not inform him about.
The buyer acquires ownership of the garage after state registration of the transfer of ownership.
This agreement for the sale and purchase of a garage is at the same time an act of acceptance and transfer.
With the content of Art. 167, 209, 223, 288, 292, 551, 552, 556 of the Civil Code of the Russian Federation are familiarized to the parties.
The buyer bears all costs associated with the execution and state registration of this agreement in accordance with current legislation.
The parties to the agreement confirm that they are not deprived of legal capacity, are not under guardianship or guardianship, do not suffer from diseases that prevent them from understanding the essence of the agreement, and there are no circumstances forcing them to enter into this agreement on extremely unfavorable terms for themselves.
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 state registration of this agreement.
This agreement comes into force from the moment it is signed by the parties and is valid until the completion of registration of the buyer’s ownership rights to the purchased property and completion of all payments.
This agreement may be terminated in accordance with the procedure established by law.
This agreement has been drawn up in three copies, one of which is kept by the Seller, the second by the Buyer, and the third by the body that carries out state registration of rights to real estate and transactions with it.