shares in the apartment Gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Salesman”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Buyer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. The Seller sells to the Buyer, and the Buyer buys from the Seller a 1/2 share in the right of common shared ownership in apartment No. located at: , (hereinafter referred to as the Share in the Apartment). The apartment, in which the alienated 1/2 Share is located in the right of common shared ownership, is located on the floor, consists of living rooms, has a total area of ​​​​sq.m.
2. The specified 1/2 Share in the right of common shared ownership of the Apartment belongs to the Seller by right of ownership on the basis of the Apartment Sale and Purchase Agreement dated "" 2019, state registration number dated "" 2019, which is confirmed by the Certificate of State Registration of the Right issued by "" 2019, in the Office of the Federal Service for State Registration, Cadastre and Cartography (Office of the Federal Registration Service) according to, form series No., about which in the Unified State Register of Rights to Real Estate and Transactions with It "" in 2019, registration No., conditional number : . The remaining 1/2 share in the right of common shared ownership of the above Apartment belongs by right of ownership - "" born in 2019, on the basis of the Agreement dated "" 2019, state registration number dated "" 2019, which is confirmed by the Certificate of State Registration of Rights, issued "" in 2019, in the Office of the Federal Service for State Registration, Cadastre and Cartography (Office of the Federal Registration Service) according to, form series No., about which registration No. , conditional number: .
3. The above Share in the Apartment owned by the Seller is evaluated and sold by agreement of the Parties for a sum of money in the amount of rubles, which the Buyer undertakes to pay to the Seller in full within a day (s) from the moment of state registration of this Agreement and registration of the transfer of ownership of the Share in the Apartment to the Buyer in the Office of the Federal Service for State Registration, Cadastre and Cartography for. The parties have come to an agreement that, in accordance with paragraph 5 of Article 488 of the Civil Code of the Russian Federation, the Seller does not have the right to pledge the Share in the Apartment.
4. The agreement on the price is an essential condition of this Agreement and, if the Parties conceal the true price of the Share in the Apartment and the true intentions, the Parties independently bear the risk of recognizing the transaction as invalid, as well as the risk of other negative consequences.
5. When signing this Agreement, the Seller guarantees that the identity documents provided by him, title documents for the Share in the Apartment alienated by him, are received from the authorized bodies, are authentic and contain reliable data, and also that until now the Share in the Apartment, no one else not sold, not donated, not promised, not encumbered with the rights of third parties, not transferred to trust management, not the subject of any obligation, not in dispute, lease and under arrest (prohibition), the Seller’s ownership of it is not disputed by anyone . The share in the Apartment is not a subject of debt, rent, is not encumbered, there are no concluded contracts for rent and use in any form, there are no persons temporarily registered in the above Apartment, there are no hidden defects known to the Seller. The seller is responsible for the accuracy of the information specified in this paragraph.
6. The Buyer is satisfied with the quality of the Share in the Apartment he is acquiring, inspected the Apartment before signing this Agreement, he did not find any defects and shortcomings that were not reported to the Buyer.
7. At the time of signing this Agreement, they live in the Apartment and are permanently registered at the place of residence - "" 2019 year of birth, place of birth: , gender: , passport of a citizen of the Russian Federation, issued: , "" 2019, subdivision code , and - "" 2019 year of birth , place of birth: , gender: , passport of a citizen of the Russian Federation, issued: , "" 2019, subdivision code that retain the right to use the specified apartment after the state registration of this Agreement and the transfer of ownership of the Share in the Apartment to the Buyer. There are no other persons retaining the right to use the specified Apartment after the Buyer has acquired a Share in the Apartment, in accordance with the current legislation of the Russian Federation.
8. In accordance with Article 556 of the Civil Code of the Russian Federation, upon transfer of the specified Share in the Apartment, after the state registration of this Agreement and registration of the transfer of ownership of the Share in the Apartment to the Buyer in the Office of the Federal Service for State Registration, Cadastre and Cartography by, within days (s) from from the moment of state registration, the Parties must draw up a deed of transfer after full payment of the cost of the Share in the Apartment by the Buyer. The Seller undertakes to transfer to the Buyer the Share in the Apartment in habitable condition, free from the rights and claims of third parties, equipped with serviceable plumbing and electrical equipment, not burdened with debts for rent, telephone subscription fee, international and long-distance calls, utility bills, payment for electricity , TV aerial, radio station, intercom, etc. When transferring the Share in the Apartment, the Seller transfers the keys to the Apartment to the Buyer, about which the Parties make a note in the above act. If the Seller evades and / or refuses to transfer the Share in the Apartment to the Buyer within the above period, the Buyer has the right to refuse to execute this Agreement (from the moment the Buyer refuses to execute the Agreement, the latter is considered terminated).
9. The risk of accidental loss or accidental damage to property until the transfer of the Share in the Apartment under the deed of transfer shall be borne by the Seller.
10. The title to the Share in the Apartment and the share in the common ownership of the common property in the house in which the acquired Share in the Apartment is located passes from the Seller to the Buyer after the state registration of this Agreement at the time of making an entry on the transfer of rights in the Unified State Register of Rights. At the same time, the Buyer becomes the sole owner of the entire Apartment and assumes obligations to pay real estate taxes, and also operates and repairs the Apartment at his own expense, participates in proportion to the occupied area in the costs associated with the operation and repair, including capital, in total home and yard area.
11. When signing this Agreement, the Parties to the Agreement confirm that they are of sound mind and firm memory, act voluntarily, are not deprived of legal capacity, are not under guardianship and guardianship, are not under patronage, are fully aware of the essence of this Agreement, understand its content, rights and obligations, arising from the Agreement, as well as the consequences of violation of its terms, do not suffer from diseases, including mental disorders that prevent understanding the essence of the Agreement, and the Parties guarantee that they conclude this Agreement not due to a combination of difficult circumstances on extremely unfavorable conditions for themselves, and also that, for health reasons, they can independently exercise and protect their rights, fulfill their duties, and that the conclusion of this Agreement is not a bonded deal by any of the Parties.
12. parties, guided by Article.Article. 421, 461 of the Civil Code of the Russian Federation came to an agreement that in the event of a court declaring this Agreement invalid or in the event of termination of this Agreement for reasons arising from the fault of the Seller established by the court, as well as the presentation of rights by third parties to the Buyer, and the withdrawal of the Share in the Apartment from the Buyer on these grounds that arose prior to the conclusion of this Agreement, the Seller undertakes to purchase to the Buyer an equivalent property in a house of a similar category, in the same area of ​​the city, or provide the Buyer with funds for the independent acquisition of a Share in the Apartment, based on the market value of similar housing at the time of termination of this Agreement , as well as reimburse all incurred losses and expenses associated with the acquisition of this Share in the Apartment. At the same time, the Share in the Apartment cannot be withdrawn from the Buyer until the full compensation for losses.
13. Content of Art. Art. 131, 160-162, 164, 166-182, 209, 213, 223, 244, 246, 247, 256, 288-290, 292, 408, 421, 433, 450, 460-461, 549-551, 554- 558 of the Civil Code of the Russian Federation, art. Art. 17, 30, 36-39, 158 of the Housing Code of the Russian Federation, Art. 34 and 35 of the Family Code of the Russian Federation, the Parties under the Agreement are aware and understandable.
14. The costs of concluding this Agreement and its registration with the Office of the Federal Service for State Registration, Cadastre and Cartography shall be paid by the Buyer.
15. This Agreement contains the entire scope of agreements between the Parties in relation to the subject matter of this Agreement, cancels and invalidates all other obligations or proposals that could be accepted or made by the Parties, whether orally or in writing, prior to the conclusion of this Agreement.
16. In accordance with paragraph 2 of Article 558 of the Civil Code of the Russian Federation, this Agreement is subject to state registration with the Office of the Federal Service for State Registration, Cadastre and Cartography and is considered concluded from the moment of its state registration.
17. This Agreement is made in three copies, one of which is kept in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography, one copy is issued to the Seller and one copy to the Buyer.

Ulan-Ude

We, Salesman", on the one hand, and "Buyer", on the other hand, have entered into this agreement as follows:

1. "Salesman" sells and « Buyer" acquires a 1/3 share of an apartment (room) located at the address:

2. The specified share of the apartment (room) belongs to the Seller on the basis of the contract No. 1 for the transfer of apartments (houses) to ownership on the basis of the Law of the Russian Federation "On Privatization of the Housing Stock in the Russian Federation" dated 01/01/2001 (the existing title document is indicated) , which is confirmed by the Certificate of state registration of rights series 03A No. 000 dated 01.01.2001.

3. The apartment (room) consists of one living room, has a total area of ​​31.00 sq. m., including residential 17.00 sq. m. and is located on the second floor of a five-story brick building.

4. The apartment (room) was visually inspected by the Buyer prior to signing this agreement; no shortcomings or defects that prevent the use of the apartment (room) for its intended purpose were found at the time of the inspection by the Buyer.

5. The specified 1/3 share of the apartment (room) is estimated by the parties at XXX 000 (XXX thousand) rubles.

6. Settlement between the parties is made _____________ (the term, form and procedure for settlement are indicated).

7. Prior to the conclusion of this agreement, the above 1/3 share of the apartment (room) has not been sold to anyone, not pledged, is not in dispute and is not under arrest (prohibition).

8. At the time of the conclusion of this agreement, the registration records include: ______ or at the time of the conclusion of the agreement, no one appears on the registration register.

9. The right of the Buyer's common shared ownership of the 1/3 share of the apartment (room) acquired under this agreement arises from the moment of state registration of rights in the Office of the Federal Service for State Registration, Cadastre and Cartography in the Republic of Buryatia.

10. This agreement is subject to state registration with the Department of the Federal Service for State Registration, Cadastre and Cartography in the Republic of Buryatia, failure to comply with the requirements for state registration entails the invalidity of the agreement.

11. The transfer by the Seller of 1/3 of the share of the apartment (room) specified in paragraph 1 of this agreement, and its acceptance by the Buyer is carried out according to the transfer act.

12. An apartment (room) will be freed from home furnishings on the day of receipt of a certificate of state registration of rights (or a date by agreement of the parties) or an apartment (room) is free from home furnishings.

13. The seller confirms that the apartment (room) is not inhabited and has not been occupied by persons with limited legal capacity and incompetent citizens.

14. The parties to the agreement confirm that they are not deprived of legal capacity, are not under guardianship and guardianship, do not suffer from diseases that prevent them from understanding the essence of the agreement, and there are no circumstances that compel to conclude this agreement.

15. The costs associated with the execution of the contract are paid equally by the Parties.

16. Disputes under this agreement are considered in the manner prescribed by applicable law.

17. This agreement is made in 3 copies, one copy for the parties, one copy for the Office of the Federal Service for State Registration, Cadastre and Cartography in the Republic of Buryatia.

SAMPLE

TRANSFER ACT

Republic of Buryatia, Ulan-Ude

"The first of November two thousand and twelve."

We, , the place of permanent residence of which: Ulan-Ude, st. Lenina, d. No. 1, apartment No. 1 hereinafter referred to as " Salesman", on the one hand, and , the place of permanent residence of which: Ulan-Ude, st. Lenina, house No. 2, apartment No. 2, hereinafter referred to as "Buyer", on the other hand, have concluded the present act as follows:

1. "Salesman" sells and « Buyer" acquires a 1/3 share of an apartment (room) located at the address: Republic of Buryatia, Ulan-Ude, st. Lenina, house number 1, apartment number 1.

2. The apartment (room) was visually inspected prior to the signing of this contract; no shortcomings or defects that prevented its intended use were found at the time of the inspection.

3. At the time of the conclusion of this agreement, the registration records include: __ (full name) ____ or at the time of the conclusion of the agreement, no one appears on the registration register.

4. By this act, each of the parties to the agreement confirms that the parties have no claims to each other on the merits of the agreement.

5. This act of transfer is made in 3 copies, one copy for the parties to the agreement and 1 copy for the Office of the Federal Service for State Registration, Cadastre and Cartography in the Republic of Buryatia.

shares in the apartment Gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Salesman”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Buyer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. The Seller sells to the Buyer, and the Buyer buys from the Seller a 1/2 share in the right of common shared ownership in apartment No. located at: , (hereinafter referred to as the Share in the Apartment). The apartment, in which the alienated 1/2 Share is located in the right of common shared ownership, is located on the floor, consists of living rooms, has a total area of ​​​​sq.m.
2. The specified 1/2 Share in the right of common shared ownership of the Apartment belongs to the Seller by right of ownership on the basis of the Apartment Sale and Purchase Agreement dated "" 2019, state registration number dated "" 2019, which is confirmed by the Certificate of State Registration of the Right issued by "" 2019, in the Office of the Federal Service for State Registration, Cadastre and Cartography (Office of the Federal Registration Service) according to, form series No., about which in the Unified State Register of Rights to Real Estate and Transactions with It "" in 2019, registration No., conditional number : . The remaining 1/2 share in the right of common shared ownership of the above Apartment belongs by right of ownership - "" born in 2019, on the basis of the Agreement dated "" 2019, state registration number dated "" 2019, which is confirmed by the Certificate of State Registration of Rights, issued "" in 2019, in the Office of the Federal Service for State Registration, Cadastre and Cartography (Office of the Federal Registration Service) according to, form series No., about which registration No. , conditional number: .
3. The above Share in the Apartment owned by the Seller is evaluated and sold by agreement of the Parties for a sum of money in the amount of rubles, which the Buyer undertakes to pay to the Seller in full within a day (s) from the moment of state registration of this Agreement and registration of the transfer of ownership of the Share in the Apartment to the Buyer in the Office of the Federal Service for State Registration, Cadastre and Cartography for. The parties have come to an agreement that, in accordance with paragraph 5 of Article 488 of the Civil Code of the Russian Federation, the Seller does not have the right to pledge the Share in the Apartment.
4. The agreement on the price is an essential condition of this Agreement and, if the Parties conceal the true price of the Share in the Apartment and the true intentions, the Parties independently bear the risk of recognizing the transaction as invalid, as well as the risk of other negative consequences.
5. When signing this Agreement, the Seller guarantees that the identity documents provided by him, title documents for the Share in the Apartment alienated by him, are received from the authorized bodies, are authentic and contain reliable data, and also that until now the Share in the Apartment, no one else not sold, not donated, not promised, not encumbered with the rights of third parties, not transferred to trust management, not the subject of any obligation, not in dispute, lease and under arrest (prohibition), the Seller’s ownership of it is not disputed by anyone . The share in the Apartment is not a subject of debt, rent, is not encumbered, there are no concluded contracts for rent and use in any form, there are no persons temporarily registered in the above Apartment, there are no hidden defects known to the Seller. The seller is responsible for the accuracy of the information specified in this paragraph.
6. The Buyer is satisfied with the quality of the Share in the Apartment he is acquiring, inspected the Apartment before signing this Agreement, he did not find any defects and shortcomings that were not reported to the Buyer.
7. At the time of signing this Agreement, they live in the Apartment and are permanently registered at the place of residence - "" 2019 year of birth, place of birth: , gender: , passport of a citizen of the Russian Federation, issued: , "" 2019, subdivision code , and - "" 2019 year of birth , place of birth: , gender: , passport of a citizen of the Russian Federation, issued: , "" 2019, subdivision code that retain the right to use the specified apartment after the state registration of this Agreement and the transfer of ownership of the Share in the Apartment to the Buyer. There are no other persons retaining the right to use the specified Apartment after the Buyer has acquired a Share in the Apartment, in accordance with the current legislation of the Russian Federation.
8. In accordance with Article 556 of the Civil Code of the Russian Federation, upon transfer of the specified Share in the Apartment, after the state registration of this Agreement and registration of the transfer of ownership of the Share in the Apartment to the Buyer in the Office of the Federal Service for State Registration, Cadastre and Cartography by, within days (s) from from the moment of state registration, the Parties must draw up a deed of transfer after full payment of the cost of the Share in the Apartment by the Buyer. The Seller undertakes to transfer to the Buyer the Share in the Apartment in habitable condition, free from the rights and claims of third parties, equipped with serviceable plumbing and electrical equipment, not burdened with debts for rent, telephone subscription fee, international and long-distance calls, utility bills, payment for electricity , TV aerial, radio station, intercom, etc. When transferring the Share in the Apartment, the Seller transfers the keys to the Apartment to the Buyer, about which the Parties make a note in the above act. If the Seller evades and / or refuses to transfer the Share in the Apartment to the Buyer within the above period, the Buyer has the right to refuse to execute this Agreement (from the moment the Buyer refuses to execute the Agreement, the latter is considered terminated).
9. The risk of accidental loss or accidental damage to property until the transfer of the Share in the Apartment under the deed of transfer shall be borne by the Seller.
10. The title to the Share in the Apartment and the share in the common ownership of the common property in the house in which the acquired Share in the Apartment is located passes from the Seller to the Buyer after the state registration of this Agreement at the time of making an entry on the transfer of rights in the Unified State Register of Rights. At the same time, the Buyer becomes the sole owner of the entire Apartment and assumes obligations to pay real estate taxes, and also operates and repairs the Apartment at his own expense, participates in proportion to the occupied area in the costs associated with the operation and repair, including capital, in total home and yard area.
11. When signing this Agreement, the Parties to the Agreement confirm that they are of sound mind and firm memory, act voluntarily, are not deprived of legal capacity, are not under guardianship and guardianship, are not under patronage, are fully aware of the essence of this Agreement, understand its content, rights and obligations, arising from the Agreement, as well as the consequences of violation of its terms, do not suffer from diseases, including mental disorders that prevent understanding the essence of the Agreement, and the Parties guarantee that they conclude this Agreement not due to a combination of difficult circumstances on extremely unfavorable conditions for themselves, and also that, for health reasons, they can independently exercise and protect their rights, fulfill their duties, and that the conclusion of this Agreement is not a bonded deal by any of the Parties.
12. parties, guided by Article.Article. 421, 461 of the Civil Code of the Russian Federation came to an agreement that in the event of a court declaring this Agreement invalid or in the event of termination of this Agreement for reasons arising from the fault of the Seller established by the court, as well as the presentation of rights by third parties to the Buyer, and the withdrawal of the Share in the Apartment from the Buyer on these grounds that arose prior to the conclusion of this Agreement, the Seller undertakes to purchase to the Buyer an equivalent property in a house of a similar category, in the same area of ​​the city, or provide the Buyer with funds for the independent acquisition of a Share in the Apartment, based on the market value of similar housing at the time of termination of this Agreement , as well as reimburse all incurred losses and expenses associated with the acquisition of this Share in the Apartment. At the same time, the Share in the Apartment cannot be withdrawn from the Buyer until the full compensation for losses.
13. Content of Art. Art. 131, 160-162, 164, 166-182, 209, 213, 223, 244, 246, 247, 256, 288-290, 292, 408, 421, 433, 450, 460-461, 549-551, 554- 558 of the Civil Code of the Russian Federation, art. Art. 17, 30, 36-39, 158 of the Housing Code of the Russian Federation, Art. 34 and 35 of the Family Code of the Russian Federation, the Parties under the Agreement are aware and understandable.
14. The costs of concluding this Agreement and its registration with the Office of the Federal Service for State Registration, Cadastre and Cartography shall be paid by the Buyer.
15. This Agreement contains the entire scope of agreements between the Parties in relation to the subject matter of this Agreement, cancels and invalidates all other obligations or proposals that could be accepted or made by the Parties, whether orally or in writing, prior to the conclusion of this Agreement.
16. In accordance with paragraph 2 of Article 558 of the Civil Code of the Russian Federation, this Agreement is subject to state registration with the Office of the Federal Service for State Registration, Cadastre and Cartography and is considered concluded from the moment of its state registration.
17. This Agreement is made in three copies, one of which is kept in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography, one copy is issued to the Seller and one copy to the Buyer.

Agreement for the sale of a share in an apartment- a document of transfer of ownership of the property to the buyer. In jurisprudence, the registration of ownership of a share in an apartment is a virtual concept, since the size of this share cannot be distinguished in exact numbers or square meters. That is why such transactions are presented as one of the most complex legal relations of a title-establishing nature.

The emergence of a common equity right to housing stock can occur in various situations. The basis for obtaining ownership of a part of an apartment may come when inheriting property, buying an apartment by married persons, or privatizing housing. At the same time, each of all participants in any share of ownership has the full right to dispose of his part at his own discretion.

Like most civil law relations, the conclusion of such a transaction implies the conclusion of a real contract for the sale of a share in an apartment in writing, notarized and passed the subsequent state registration procedure. In this article below we offer to download the form of such an agreement. Also, as an example, we filled out the form presented, a completed sample contract for the sale of a share in real estate can be found at the end of the article. All forms and samples are available for download free of charge in word format.

The mechanism for buying and selling a share resembles a standard alienation of ownership of an apartment, however, it requires additional procedures and a set of documents.

In order to exclude the possibility of recognizing the completed transaction as invalid and avoid financial losses, it is more preferable to use the services of an experienced realtor, whose participation will avoid possible unpleasant consequences, or to perform the entire procedure on your own, strictly following the legal requirements.

The main difference between the sale of a share of an apartment and the usual transaction of purchase and sale of an apartment is the pre-emptive right to acquire the proposed share of housing for the co-owners of this immovable object. Only after receiving their refusal to purchase the allocated share, it is possible to offer part of the property to other buyers.

Notice of the proposed sale of your share in the whole real estate object should be sent by mail with delivery of the notice, which indicates the date of receipt of the letter. Co-owners of an apartment are given 30 days by law to respond to a proposal to use their pre-emptive right to purchase. If they have not expressed a desire to exercise their right, a notarized refusal of the neighbors from the preferential purchase of the proposed share of the apartment or house is drawn up.

Agreement for the sale and purchase of a share in an apartment. Decor

To conclude a contract of sale, a list of mandatory documents is required:

• Passport, or other type of main document for all parties to the contract;
• Certificate certifying the seller's ownership of the alienated property;
• Technical and cadastral passport of the property (apartment);
• Financial personal account;
• Certificate of all residents who are registered in this housing;
• If the seller is married, a separate written consent from the spouse is required for the sale of a share in the apartment;
• Permission to complete a sale and purchase transaction, certified by a notary, from all owners of the apartment (if there are minors or incapacitated homeowners, permission from their legal trustees is required).

The very execution of the contract for the sale of a share in an apartment, as well as any other legal act, may be invalidated if its essential conditions are not observed.

The essential terms of the contract of sale, which must be specified in the legal act, are the subject of the contract itself, the parties to the legal relationship and the value of the alienated property (share in the apartment).

Information about the parties to contractual obligations or their representatives should be entered in an exhaustive manner. It is necessary to indicate the surname, name and patronymic without abbreviations, date of birth and address of residence.

A prerequisite for the sale and purchase agreement is the availability of objective data that can be used to identify real estate (apartment). When transferring an equity participation in a common ownership right, a fractional share of the common part and data (address, location on a specific land plot) on the whole immovable object are indicated.

The contract for the sale of a share of real estate must indicate the price of real estate, which may differ from the inventory valuation of the object, and it may also stipulate the conditions for mutual settlement.

An essential condition is also an indication in the contractual obligations of the absence of possible restrictions on the property rights of the selling party, such as a pledge on this property, rent, easement or other possible obstacles from third parties.

In addition to the above conditions, such agreements may contain indications of the seller’s emerging rights, details of title documents, or an obligation to register the right to a share of the apartment that has arisen, however, all these conditions are non-essential terms of the agreement, the absence of which does not entail negative consequences or the recognition of contractual obligations as invalid.

Download the contract for the sale of a share in an apartment. Sample filling and form

Video help “How to purchase a room”