How is the barter made?
Quite often, people do not have the funds to buy a new home or car. If there is a property in the property, property can be exchanged. The process must be performed in accordance with numerous requirements. For it to be official, it is required to draw up a competent bargaining agreement. This document contains information about the parties to the agreement, the exchange of property and other important facts.
Concept of contract
Mena is a special process based on which property belonging to one person or company is exchanged for another value. At the same time surcharge from any party is allowed. The exchange process is governed by ch. 31 GK.
To perform this procedure is required to draw up a formal contract. A sample barter agreement can be viewed below.
Under the law, after the signing of this agreement, a voluntary transfer of property rights to a specific object to another person is made, and in this case rights to another thing will be obtained.
According to art. 567 GK parties to the exchange are both sellers and buyers.To regulate such an agreement, the same requirements and conditions are used as for transactions involving the purchase and sale of property. Standardly, an exchange of equivalent property is made under an exchange contract. If the cost is significantly different, then the exchange with a surcharge.
What is the object?
You can exchange different values and property with the help of proper drafting of this agreement. The most often formed contract in the exchange of items:
- buildings and buildings;
- apartments or houses;
- land plots;
- other types of property, and the objects may be movable or immovable.
Each party to the agreement transfers to the other party its right to a specific object. In certain situations it is allowed not to draw up a contract in writing, but this is permitted if the value of the object does not exceed 10 minimum wages.
The difference from the sale and purchase is the fact that both parties transfer any items in kind, and not cash.
Who can become a party to the agreement?
Enter into such an agreement can both physical persons and different companies.Therefore, the parties to the barter can be represented by citizens or representatives of different organizations.
It is allowed by law to enter into mixed transactions, therefore exchange is allowed between the private owner of any property and the firm. Individuals can be not only Russian citizens, but also foreigners, as well as persons who do not possess any citizenship. The main requirements for the parties include the following:
- only the official owner of the property can participate in the transaction;
- if there are several owners, all of them must agree to an exchange, and if one of them refuses to draw up a written permission, then such a transaction is illegal;
- if apartments are exchanged, this can be done not only with regard to private real estate, but also when citizens live in a municipal facility, but in the latter case permission from the municipality is required, and only the right to use the living space is transferred.
Thus, in order to formally conclude an agreement, it is necessary to take into account many requirements and nuances.
How is the contract?
Certainly when exchanging apartments, houses or other expensive objects is required to draw up a contract in writing. As a result of this process, property rights are exchanged. It is important not only to competently conclude an agreement of barter, but also to register the transfer of the right in Rosreestr. Each side of the transaction after that will receive an extract from the USRN, where the new owner of the specific property is indicated.
Standardly it is assumed that on the basis of this agreement the exchange of equivalent property is made. But in practice such cases are quite rare, since almost always a certain object has a higher cost. Under these conditions, other types of exchanges are performed:
- with surcharge for an apartment with a larger square;
- exchanges one large apartment for two smaller living spaces, which is also often accompanied by the need to deposit a certain amount of the transaction by one participant;
- with surcharge if the apartment or house is exchanged for a car.
Each case has its own nuances and features, which are stipulated in the agreement.
Is a preliminary contract required?
Often, the parties decide on the need to conclude a preliminary contract. This is usually necessary to ensure that a real deal is made in the future. A preliminary barter agreement protects the interests of the parties. It necessarily fit the information:
- the consent of the owners of the objects to exchange values in the future;
- the date when the real transaction will be concluded;
- the order on the basis of which the rights and in fact different subjects will be transferred;
- The penalties that will be imposed on each side are indicated if the participants do not fulfill their obligations.
It is advisable to notarize the documentation.
What essential conditions fit into the contract?
A standard contract contains many conditions, but there are several points that are considered essential and therefore must be included in the document without fail. A barter agreement between two parties must contain data:
- the subject of the agreement, which may be an apartment, a plot of land, a premise, a house or a car;
- the basic parameters of the subject, for example, the square and the number of floors of the room, year of manufacture and make of the car, as well as other data;
- the price of each item exchanged;
- all citizens who can use housing or a car are registered, and if they are absent, this is indicated in the agreement;
- at the end, property owners must agree to all points of this document.
If the aforementioned clauses are missing, then such a contract will be recognized as invalid, therefore it is not allowed to transfer the right to objects.
What are some additional items?
The parties independently decide what additional information will be available in the document. Usually, the following is included in the property exchange agreement:
- name of each party to the transaction;
- passport details or company details;
- fits into various unforeseen circumstances that may arise during the transfer of premises, vehicles or land, and additionally indicate what actions should be taken by the parties to solve this problem;
- at the end are signed by the parties.
Often, even the period during which the exchange should take place is prescribed. But practice shows that such restrictions are almost never observed.
Do I need to notarize?
There is no requirement in the law that such an agreement was notarized. Therefore, the parties themselves can decide on the need to contact this specialist.
The advantages of using a notary include the fact that both participants can be sure that the agreement contains the really necessary and relevant information. The legal purity of such a transaction is also guaranteed. In the notary's office will necessarily be kept a copy of the contract, which, if necessary, can be restored.
But when applying to a notary, you need to prepare for fairly high expenses, and the size of the fee depends entirely on what the value of the objects of the contract. Therefore, additional funds will have to be spent on the valuation of real estate or another item.
Nuances of contract registration
The official agreement is subject to competent registration in Rosreestra. To do this, you can contact not only the office of this institution, but also use the services of the MFC.
The transfer of ownership on the basis of an agreement to exchange an apartment or other object is carried out when performing consecutive actions:
- the contract is originally drawn up;
- then it is brought in Rosreestre for registration;
- after receiving an extract from the USRN, the actual exchange of values is made, for which acts of reception and transmission are formed and signed.
In Rosreestr required to bring the documents:
- application from each participant of the transaction;
- passports or constituent documents of the parties;
- power of attorney if the process is performed by a representative;
- receipt of duty payment, and each party will have to pay 2 thousand rubles for the process;
- technical passports and extracts from the Register on objects;
- barter agreement, made in 3 copies;
- notarized consent of other owners for exchange;
- if a child is a co-owner of any property, then additional consent is required from the guardianship authorities.
Contact the Rosreestr required to both parties to the transaction.
When is termination possible?
You can terminate the contract in two ways only:
- the formation of an agreement by the parties;
- appeal to the judiciary.
According to art. 453 of the Civil Code is not allowed to demand the return of the objects of the agreement before the formal termination of the contract. The grounds for termination of the exchange agreement are:
- signing an agreement if there are threats or blackmail;
- the introduction of a party to the transaction in error;
- the presence of errors in the document;
- does not comply with one of the parties to the terms of the contract.
It is allowed to go to court only during the statute of limitations submitted by three years.
Is it required to pay tax?
If, on the basis of an agreement, an equivalent property is exchanged, it is considered that the participants did not receive any profit, therefore the individual income tax is not paid by them.
If additional payment is required, the party that receives the compensation is considered the recipient of income. Therefore, 13% is calculated and paid from this amount. Under the contract of exchange, the tax is paid fairly often, since it is almost impossible to find two equally priced objects. You are not required to pay a fee if the property being exchanged has been owned by a citizen for more than five years.
Nuances of the exchange of apartments
Most often this agreement is made in respect of residential property represented by rooms, apartments or houses.
When drawing up an agreement on the exchange of an apartment, the following requirements are taken into account:
- addresses and characteristics of both apartments are indicated;
- participants can only be owners of objects or tenants of municipal housing;
- documents confirming the right to use or dispose of real estate are required;
- the transfer of objects is carried out only with the preparation of the relevant act;
- Most often, a surcharge is required by one participant.
Since the process is performed in relation to an expensive and complex object, it is recommended to initially contact the notary for certification.
Features of car sharing
Exchange can not only real estate, but also stocks, cars or other valuables. Such a process must also be formalized, for which an agreement is exchanged for cars.
The document must contain information about the brand, cost and characteristics of the machine. It is signed by both parties. It is not required to notarize, but state registration is required in order to officially exchange the cars.
Nuances for plots
Exchange is allowed even the land.For this, an agreement is created for the exchange of land plots. The parties to the agreement must indicate in the document all information on the territory, on various encumbrances, the amount of land and other nuances.
On the basis of the contract, both parties act as sellers and buyers. They must register a site exchange agreement to further legally draw up a deed of conveyance. The document must be registered in Rosreestre. To perform this process, it is important to draw up the plots in advance, as well as to survey them. Pre-valuation of real estate is performed to determine the need for a surcharge.
Thus, an exchange contract can be made for different values and objects. Each party should competently understand the rules for the formation of this document. It is allowed in certain situations to use the preliminary agreement. Both essential and additional conditions must be entered into the contract. It is subject to state registration, after which the actual transfer of property is performed. To terminate the agreement is allowed only if there are compelling reasons, which will have to go to court.