Apartment purchase agreement with lifelong maintenance. Features of the purchase and sale of an apartment with lifelong residence of the seller: sample agreement, procedure for concluding, what is the difference from rent

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Agreement for the purchase and sale of a residential building with lifelong maintenance However, you must remember that this is just a sample document “Agreement for the sale and purchase of a residential building with lifelong maintenance” and requires a legally competent adaptation of the form to the needs of an individual or legal entity.

Purchase and sale agreement with lifetime residence of the seller

The parties have the right to submit disputes that are not resolved during the negotiations for resolution to judicial procedure in accordance with current legislation Russian Federation. 4. FINAL PROVISIONS 4.1. The seller guarantees that at the time of signing this agreement, the specified apartment has not been sold to anyone else, not given as a gift, not mortgaged, and is not in dispute or under arrest (ban). 4.2. In the specified apartment at the time of concluding this agreement the following is registered: .4.3.

This agreement has been drawn up in three copies, one of which is stored in the Office of the Federal Registration Service for Moscow, one of which is issued to the parties to this agreement. Each copy of the contract has the same legal force.4.4. Contents of Art. Art. 209, 288, 292, 460, 475, 551, 556, 557 and 558 of the Civil Code of the Russian Federation, art.

Art. 17, 30 of the RF Housing Code are known to the parties. 5.

Sale of an apartment with the right of lifelong residence

If agreement is not reached, the parties have the right to submit the dispute for resolution in court in accordance with the current legislation of the Russian Federation. 7. OTHER CONDITIONS 7.1. This agreement comes into force from the moment of its state registration and is valid until the parties fully fulfill their obligations. 7.2. All changes and additions to this agreement are considered valid if they are made in writing, signed by authorized representatives of the parties and have passed state registration.
7.3. This agreement is drawn up in 3 copies having equal legal force, one for each of the parties and one copy for storage with the registration authority. 8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES Seller Registration: Postal address: Passport series: Number: Issued by: By: Telephone: Buyer Legal.

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Has a standard apartment purchase and sale agreement been approved (sample, form, form) How to draw up an agreement in 2017-2018, and how the procedure for drawing it up differs from 2016 What additional information may the apartment purchase and sale agreement 2017-2018 contain (download example/ sample agreement) What you need to remember about state registration in Rosreestr when selling an apartment Has a standard agreement for the purchase and sale of an apartment been approved (sample, form, form) There are standard forms of agreements under which residential premises (including apartments) owned by right of ownership are sold to citizens subjects of the Russian Federation and municipalities. Thus, a standard form of a contract for the purchase and sale of residential premises, which was built at the expense of the budget of the city of Moscow and is in its ownership, has been approved (Order of the Housing and Housing Department of the City of Moscow No. 2301 dated August 29, 2008).

What is a purchase and sale agreement with lifelong occupancy?

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At this stage, the buyer and seller must carefully discuss and agree on all the terms of the contract. If possible, it is necessary to draw up a preliminary version of the agreement. The parties can enter into an agreement only if an agreement is reached between them regarding all significant and essential terms of such an agreement in accordance with the norms of the Civil Code of the Russian Federation.

In accordance with current legislation, conditions regarding the subject and price of the contract are considered essential. In particular, we're talking about O:

• the cost of housing that the buyer is obliged to pay to the seller;
• the amount of lifelong maintenance (annuity) and the timing of its payment by the buyer in favor of the seller.

If the parties do not reach an agreement regarding these points, then the contract is not considered concluded.

Apartment purchase and sale agreement 2017-2018 (download sample)

Attention

The Seller sells the specified apartment to the Buyer for a price agreed upon by the parties in the amount of () rubles, which amount the Buyer pays to the Seller (after state registration of this agreement). 1.4. The specified apartment, according to the TBTI certificate from the city, is valued at () rubles. 1.5. Before the conclusion of this agreement, the specified apartment has not been sold to anyone, has not been mortgaged, is not in dispute and is not under prohibition (seizure).

1.6. The parties' legal capacity is not limited, due to health reasons they can independently exercise and defend their rights and fulfill their duties, they do not suffer from diseases that prevent them from understanding the essence of the agreement being signed and the circumstances of its conclusion, there are no circumstances forcing them to complete this transaction on extremely unfavorable terms for them. 1.7. This agreement comes into force after state registration in, after which gr.

Sample contract for the sale and purchase of an apartment with lifelong residence

This is to prevent fraud. If the owner of the property is incapacitated, only a legal guardian can enter into transactions on his behalf. The purchase and sale agreement with the right of residence of the seller is considered concluded after state registration.
To enter data into Rosreestr, you will need the passports of the parties to the transaction, an agreement on the sale of the apartment in three copies, a receipt for payment of the state duty and an application filled out according to the standard template. After state registration of the purchase and sale agreement with the seller’s lifetime residence, the buyer receives an extract from the Unified State Register of Real Estate, which indicates the encumbrance - rent. The previous owner reserves the right to live in the sold apartment for the rest of his life.

Agreement for the sale and purchase of an apartment with lifelong residence

Civil Code of the Russian Federation and assumes obligations to pay real estate taxes, expenses for repairs, operation and maintenance of an apartment, house and local area in proportion to the occupied area. State registration is carried out by the Buyer. 1.8. The Buyer retains the Seller's right to lifetime free use of the specified apartment.

If the owner of the specified apartment changes, the right to lifetime free use of the specified apartment is retained by the citizen. (Full name of the Seller). 1.9. In accordance with Art. 556 of the Civil Code of the Russian Federation, the transfer of the apartment from the Seller to the Buyer will be carried out on the day of registration of the agreement in accordance with the transfer act signed by the parties. The transfer of the apartment is carried out by the Seller transferring to the Buyer title documents registered in (specify organization), keys to the apartment, books (receipts) for payment of utility services.
The Civil Code makes it possible to conclude a contract for the sale and purchase of residential premises while preserving the right of the previous owner to reside in the residential premises. Most often, such an agreement is concluded by pensioners or single people who immediately need cash and who want to retain the opportunity to use the donated property until the end of their lives. Moreover, such an agreement can be concluded not only with the retention of the right of use, but also with the right to maintenance towards the cost of housing in an agreed amount.
In this case, the contract also provides for the buyer’s obligation to support the previous owner. For example, there may be a clause requiring the new buyer to pay a certain amount each month to support the previous owner of the property, who will continue to live in the sold property.
Gr. , passport: series, No., issued, residing at the address: , hereinafter referred to as the “Seller”, on the one hand, and in the person acting on the basis, hereinafter referred to as the “Buyer”, on the other hand, hereinafter referred to as the “Parties” , have entered into this agreement, hereinafter referred to as the “Agreement,” as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Seller undertakes to transfer ownership, and the Buyer to accept and pay in accordance with the terms of this agreement, the following real estate (hereinafter referred to as the “Premises”): residential premises total area– sq. m, consisting of rooms with a living area of ​​sq. m, located at: . 1.2. The premises belong to the Seller by right of ownership on the basis of "" 2018, No., issued.

We bring to your attention a standard agreement for the purchase and sale of an apartment with lifelong residence in 2016. You can download a sample in word format from the link below. If you need another version of this agreement, then write to our online consultant and we will try to help you as soon as possible. Consultation online or by phone is FREE!

Excerpt from this agreement.

AGREEMENT
purchase and sale of apartments
with lifelong residence
(with notarized certificate)

____________ "___"_________ ____

We, gr. __________________, passport __________, issued by ___________, residing at the address: _________________, hereinafter referred to as the “Seller”, on the one hand, and gr. __________________, passport ____________, issued by ___________, residing at the address: _______________, hereinafter referred to as the “Buyer”, on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Seller sold and the Buyer bought apartment number ____ owned by the Seller, located at the address: ________________, with a total area of ​​____ sq. m. m, excluding loggias, balconies, other summer premises - ______ sq. m, consisting of _____ rooms with a living area of ​​____ sq. m. m, with the condition of lifelong and free residence of _______________ (Full Name of the Seller) in the specified apartment.

1.2. The specified apartment belongs to the Seller by right of ownership on the basis of ___________________.

1.3. The Seller sells the specified apartment to the Buyer for a price agreed upon by the parties in the amount of _____ (___________) rubles, which amount the Buyer pays to the Seller __________ (after state registration of this agreement).

1.4. The specified apartment, according to the TBTI certificate _________ dated “__”_________ ___,
valued at _____ (________) rubles.
1.5. Before the conclusion of this agreement, the specified apartment has not been sold to anyone, has not been mortgaged, is not in dispute and is not under prohibition (seizure).

1.6. The parties' legal capacity is not limited, due to health reasons they can independently exercise and defend their rights and fulfill their duties, they do not suffer from diseases that prevent them from understanding the essence of the agreement being signed and the circumstances of its conclusion, there are no circumstances forcing them to complete this transaction on extremely unfavorable terms for them.

1.7. This agreement comes into force after state registration in ___________, after which gr. _______________ becomes the owner of the said apartment in accordance with Art. 223 of the Civil Code of the Russian Federation and assumes obligations to pay real estate taxes, expenses for repairs, operation and maintenance of an apartment, house and local area in proportion to the occupied area. State registration is carried out by the Buyer.

1.8. The Buyer retains the Seller's right to lifetime free use of the specified apartment. If the owner of the specified apartment changes, the right to lifetime free use of the specified apartment is retained by the citizen. _________________ (Full name of the Seller).

1.9. In accordance with Art. 556 of the Civil Code of the Russian Federation transfer of an apartment from the Seller to the Buyer
will be carried out on the day of registration of the agreement in ________ according to the signed
parties to the transfer deed. The transfer of the apartment is carried out by the Seller transferring to the Buyer title documents registered in ______________ (specify organization), keys to the apartment, books (receipts) for payment of utility services.

1.10. The costs of state registration of this agreement and transfer of ownership are paid by the Buyer.

2. RESPONSIBILITY OF THE PARTIES

The situation when a person who has a lifelong right to live in it is registered in an apartment is quite common. Selling such real estate is very difficult, since neither the seller nor the buyer (if he decides to purchase such housing) will be able to deregister a citizen against his consent. Only the resident himself can decide to exercise his right or refuse.

Categories of citizens who can receive the right of lifelong residence

Some citizens may receive the right to live in an apartment for life, and no one will be able to force them to vacate their living space.

1. Residents who, at the time of privatization, refused to receive a share in favor of one of their relatives.
2. Citizens whose rights are obtained on the basis of a will.
3. Spouse, if this right is secured by the marriage agreement.
4. A member of a cooperative who has even partially paid for his share.
5. A child who has not reached the age of majority, temporarily living in a boarding school, or staying in a correctional institution.

Important! When selling an apartment with an encumbrance in the form of the right of lifelong residence of a non-owner, his consent is not required.

If a citizen with the right of lifelong residence is an adult, then a regular purchase and sale agreement is concluded, but the owner of such an apartment must accept the fact that the price of the property will be lower due to such an encumbrance, otherwise it will be difficult to find a buyer. If a minor is registered in the living space, it will not be possible to sell the apartment without the permission of the guardianship authorities. In this case, the child will need to be deregistered and registered in another apartment within the time limits established by law.

How not to deceive the buyer?

There are situations when the seller deliberately hides the fact about registered residents or citizens who have the right to lifelong use of the apartment. This should not be done, because when the deception is discovered, and this will definitely happen, the seller will have to not only return the money received, but also, possibly, compensate for the moral losses of the buyer, if he demands it.

However, more often than not, the seller himself does not know that the apartment he is selling is encumbered. This happens if one of the previous residents was temporarily discharged from the living space, for example, while serving a sentence. This is what relatives do to avoid paying public utilities for an absent person. Therefore, in order to be absolutely sure of the legal purity of the apartment, you should carefully check its history when concluding a transaction.

Example. A citizen purchased an apartment, which was vacant at the time of signing the sale and purchase agreement. He himself went to the management organization and made sure that all the residents had been discharged. However, he did not inquire when and on what grounds each of them was deregistered. Three years later, the brother of the previous owner, who had been serving his sentence all this time, appeared and demanded that the new residents give him a room, since he had restored the temporarily suspended registration. The new owner refused the former tenant, and he filed a lawsuit, which was satisfied. The owner had to vacate the room for the former tenant.

How can I resolve the issue of a lifelong right to reside in an apartment?

As noted above, no one has the right to force a tenant with the right to lifelong use of an apartment to check out of it. However, there is a solution. If the tenant does not live in this apartment, then you can simply agree with him on voluntary discharge; perhaps the conditions put forward by him will not be onerous. In the case when a citizen has no other housing, then new owner may offer him to purchase a separate apartment, or accept the fact that his family will have to live in an apartment with a shared apartment.

Legal assistance in the sale of an apartment encumbered with the right of lifelong residence

If you need to sell an apartment with a person who has the right of lifelong residence, then you better contact a lawyer from the Pravosfera company. He will assess the current situation and offer options for solving it. Also, a specialist can take on negotiations with both a potential buyer and a tenant who has the right to use the apartment.

You can turn to a professional when you need help or advice, or you can enlist his support from the first stage. In any case, he will do everything possible to direct the matter to the right direction, and will help resolve the issue with the greatest benefit for the client.

AGREEMENT
purchase and sale of an apartment with lifelong residence (with notarized certificate)

date and place of signing

We, gr. _________________, passport _________________, issued by _________________, residing at the address: _________________, hereinafter referred to as the “Seller”, on the one hand, and gr. _________________, passport _________________, issued by _________________, residing at the address: _________________, hereinafter referred to as the “Buyer”, on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Seller sold and the Buyer bought apartment number _________________, owned by the Seller, located at the address: _________________, with a total area of ​​____ sq. m. m, excluding loggias, balconies, other summer premises - ______ sq. m, consisting of _____ rooms with a living area of ​​____ sq. m, with the condition of lifelong and free residence of _______________ (full name of the Seller) in the specified apartment.

1.2. The specified apartment belongs to the Seller by right of ownership on the basis of ___________________.

1.3. The Seller sells the specified apartment to the Buyer for a price agreed upon by the parties in the amount of _____ (___________) rubles, which amount the Buyer pays to the Seller __________ (after state registration of this agreement).

1.4. The indicated apartment, according to the TBTI certificate _________ dated “__”_________ ___, is valued at _____ (________) rubles.

1.5. Before the conclusion of this agreement, the specified apartment has not been sold to anyone, has not been mortgaged, is not in dispute and is not under prohibition (seizure).

1.6. The parties' legal capacity is not limited, due to health reasons they can independently exercise and defend their rights and fulfill their duties, they do not suffer from diseases that prevent them from understanding the essence of the agreement being signed and the circumstances of its conclusion, there are no circumstances forcing them to complete this transaction on extremely unfavorable terms for them.

1.7. This agreement comes into force after state registration in _________________, after which gr. _______________ becomes the owner of the said apartment in accordance with Art. 223 of the Civil Code of the Russian Federation and assumes obligations to pay real estate taxes, expenses for repairs, operation and maintenance of an apartment, house and local area in proportion to the occupied area. State registration is carried out by the Buyer.

1.8. The Buyer retains the Seller's right to lifetime free use of the specified apartment. If the owner of the specified apartment changes, the right to lifetime free use of the specified apartment is retained by the citizen. _________________ (Name of the Seller).

1.9. In accordance with Art. 556 of the Civil Code of the Russian Federation, the transfer of the apartment from the Seller to the Buyer will be carried out on the day of registration of the agreement in ________ according to the transfer deed signed by the parties.
The transfer of the apartment is carried out by the Seller transferring to the Buyer title documents registered in ______________ (specify organization), keys to the apartment, books (receipts) for payment of utility services.

1.10. The costs of state registration of this agreement and transfer of ownership are paid by the Buyer.

2. RESPONSIBILITY OF THE PARTIES

2.1. A party to a contract, whose moral and/or property interests are violated as a result of improper fulfillment of obligations under the contract by the other party, has the right to demand full compensation for losses caused to it by this party, which are understood as expenses that the party whose right was violated has made or will make to restore its rights and interests (real damage), as well as compensation for moral damage.

2.2. The absence of guilt for non-fulfillment or improper fulfillment of obligations under the contract is proven by the party that violated the obligations.

3. DISPUTE RESOLUTION PROCEDURE

3.1. The parties will strive to resolve disputes that may arise in connection with this agreement through pre-trial proceedings: through negotiations, clarification of the terms of the agreement, drawing up additions and changes to it in writing, signed by the parties.

3.2. The parties have the right to submit disputes that are not resolved during the negotiations for resolution in court in accordance with the current legislation of the Russian Federation.

4. FINAL PROVISIONS

4.1. This agreement is drawn up in four copies, one of which is kept in the files of the notary of the city __________ ____________ (full name) at the address: _________________, one in _______________ (the body carrying out state registration), and one copy was issued to the parties.

5. SIGNATURES OF THE PARTIES

1. Is there a rental agreement with lifelong residence without the purchase and sale of an apartment.

1.1. Article 583 of the Civil Code of the Russian Federation provides for the transfer of property into ownership in exchange for rent.

1.2. In your case, it is best to conclude a rental agreement. Under a rent agreement, one party (rent recipient) transfers ownership of property to the other party (rent payer), and the rent payer undertakes, in exchange for the received property, to periodically pay rent to the recipient in the form of a certain sum of money or providing funds for its maintenance in another form. A rent agreement is subject to notarization, and an agreement providing for the alienation of real estate for the payment of rent is also subject to state registration (Articles 583-584 of the Civil Code of the Russian Federation). The rent agreement protects both parties from dishonest actions of the other party: the rent recipient can be sure that he is giving away his property for a reason, but for maintenance, that if it is a real estate object, he will be able to use it for life, and the rent payer receives a guarantee of transfer of rights to property (which, strictly speaking, becomes his property after signing the contract).

2. Please help me find a purchase and sale agreement with the seller’s lifetime residence.

2.1. Vera, good afternoon! This agreement must be notarized, so contact a notary...

3. I would like to purchase an apartment with a registered owner and with the right of his lifelong residence. The apartment price is 1.5 times lower than the market price. He is my distant relative. I don’t want to draw up a rent agreement. Please advise, is it possible to formalize this somehow as a purchase and sale agreement?

3.1. Hello)
According to Art. 421 of the Civil Code of the Russian Federation, the seller and the buyer have the right to independently determine any of its conditions, if they do not contradict the law. The inclusion in the purchase and sale agreement of a condition on the right of lifelong residence and use is permissible and does not contradict the legislation of the Russian Federation.

4. I'm going to buy an apartment. The owner of this apartment acquired it on the basis of a purchase and sale agreement with the right of lifelong residence of the former owner. This former owner has since passed away. If I buy this apartment, can the heirs of the former owner claim a share in it?

4.1. Good afternoon. The right of residence is not inherited, and the apartment itself was removed from the inheritance estate due to the sale.

4.2. Hello, in your case, the former owner had the right to use the residential premises, the inheritance can only be registered for property owned by the testator.

4.3. Hello!
If the deceased person was not the owner on the day of his death, then his heirs have no reason to claim the apartment.

4.4. No, that's impossible.
This is the personal right of the former owner; it is not inherited.

5. Is it possible to draw up an addendum to the purchase and sale agreement after 3 years? the agreement is unilateral and the donor with lifelong residence is transferred to the status of a tenant and involved in paying utility bills, although there are 6 owners in the apartment.

5.1. Hello.

Of course not.

6. What documents are needed to draw up a purchase and sale agreement with the right of lifelong residence of the seller.

6.1. In principle, the same as with a regular purchase and sale.

6.2. Hello!
If you want to secure the right of residence, then indicate this in the terms of the contract. For example: Ivan Ivanovich Ivanov lives in the alienated apartment at the time of concluding this agreement, who retains, by agreement of the parties, the right to live in this apartment for life.
Best wishes. I wish you good luck!

7. How can you terminate a purchase and sale agreement with lifelong occupancy after 5 years due to failure to provide assistance.

7.1. The transaction can be terminated either by agreement of the parties (in writing) or in court by applying to the court with the appropriate statement of claim. The claim is filed in the district court at the place of registration of the defendant.

7.2. The contract can be terminated in court. First, you need to look at the contract in order to give substantive advice. Can you send it?

7.3. Hello. Unfortunately there is very little information for consultation. I ask you to clarify the circumstances of the case. What kind of agreement was it and what obligations did the parties to such an agreement have? And also clarify what kind of help you are talking about.

8. My father-in-law’s aunt, she’s 78, doesn’t want them to get her apartment, she wants me, I’m registered with her, we were advised a purchase and sale agreement with lifelong residence, she’s rushing me with the registration, but while I was courting, I spent it, can I pay grandma 10,000 thousand, she says I want my apartment for 5,000

8.1. Good morning. You will simply need to conclude not a purchase and sale agreement, but an annuity agreement with lifelong maintenance. Have a nice pleasant day.

9. My sister sold an apartment in which I have the right to live for life on the basis of an agreement concluded with her that I donated this apartment to her, but at the same time indicated in the DCP that the apartment is vacant, and also wrote down in the DCP her obligation to evict me from this apartment . What should now be indicated in the DCT by my sister, if the provisions of Article 558 of the Civil Code of the Russian Federation were in force only until 2013? . Yes, one more thing, I gave my sister an apartment in 2002, when these provisions of Article 558 of the Civil Code of the Russian Federation were still in effect.

9.1. A gift agreement is an unconditional transaction, therefore the condition that the recipient grants the donor the permanent right to use the apartment is invalid (void). You don’t even need to be evicted, you don’t live in the apartment. If you are still registered ("registered"), then after the transfer of ownership under the purchase and sale agreement, the new owner will recognize you in court as having lost the right to use the residential premises and, based on a court decision, will deregister you ("write out").

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you