Sample contract for the exchange of residential buildings and premises and an example of drafting

Concept

In order to talk about clauses of agreement, it is necessary to understand what meaning is meant by this term.
A barter agreement is an act, an agreement between the parties, and therefore is bilateral in nature.

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In accordance with it, each party transfers a specific movable or immovable thing into the direct ownership of the other person.

The document has a number of nuances. For example, each party is automatically both a seller and a buyer.

Sample agreement for the exchange of shares in an apartment between close relatives.

Sample agreement for the exchange of shares in an apartment with a minor.

Agreement for exchanging shares in an apartment for an apartment sample.

You can learn about whether it is possible to exchange mortgaged housing and how to carry out a forced exchange through the court from our articles.

What is a residential property exchange agreement? So, in order to exchange two living spaces for each other, this type of agreement is legally enshrined.

The peculiarity is that each party acts as both a seller and a buyer. The rights and obligations to transfer an object arise among the participants, as well as the rights to accept another object.

According to Art. 567 of the Civil Code of Russia, an exchange agreement is considered to be one in which one party undertakes to give the second property in exchange for something else. In addition, the law states that the basic rules of purchase and sale apply to it.

Civil Code of the Russian Federation Article 567. Barter agreement

1. Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another.
2. The rules on purchase and sale (Chapter 30) are applied to the exchange agreement, if this does not contradict the rules of this chapter and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

Sample contract for the exchange of real estate.

Completed sample apartment exchange agreement.

Agreement for the exchange of privatized apartments: form

The contract form is here.

Exchange agreement for equivalent apartments No. _____

____________________ ___________________________“___” ______________ _______

Citizen ________________________________________, passport (series, number, issued) _______ ______________ _________________________________________ ______________, residing at the address ________________________________________, hereinafter referred to as “Party 1”, on the one hand, and citizen ________________________________________, passport (series, number, issued) _______ ______________ ________________________________________ ______________, residing at ________________________________________, hereinafter referred to as “Party 2”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

1. The parties exchange real estate belonging to them by right of ownership.
2. I, ________________________________________, undertake to transfer into ownership _________________________________________ an apartment located on the _______ floor of the house, located at the address: ________________________________________, consisting of _______ room(s) with a total area of ​​_______ sq.m., including a living area of ​​_______ sq.m.
3. The specified apartment belongs to ________________________________________ on the basis of ________________________________________, which is confirmed by the Certificate of State Registration of Rights dated "___"______________ _______, series _______ No._______, issued by ______________, registration number _______ dated "___"______________ _______.
4. I, ________________________________________, undertake to transfer into ownership _________________________________________ an apartment located on the _______ floor of the house, located at the address: ________________________________________, consisting of _______ room(s) with a total area of ​​_______ sq.m., including a living area of ​​_______ sq.m.
5. The specified apartment belongs to ________________________________________ on the basis of: _________________________________________, which is confirmed by the Certificate of State Registration of Rights dated “___”______________ _______, series _______ No._______, issued by ______________, registration number _______ dated “___”______________ _______.
6. The cost of the apartment at the address: ________________________________________ the parties estimate ________________________________________ rubles. The cost of the apartment at the address: ________________________________________ the parties estimate ________________________________________ rubles. The parties consider the exchanged apartments to be of equal value, the exchange was made by them without additional payment.
7. As a result of this exchange, the apartment located at the address: _________________________________________ becomes the property of ________________________________________. Party 1 is satisfied with the quality condition of the apartment, established through an internal inspection of the apartment before concluding this agreement; during the inspection, no defects or shortcomings were found that were not reported to it.
8. As a result of this exchange, the apartment located at the address: _________________________________________ becomes the property of ________________________________________. Party 2 is satisfied with the quality condition of the apartment, established through an internal inspection of the apartment before concluding this agreement; during the inspection, no defects or shortcomings were found that were not reported to it.
9. Before the conclusion of this agreement, the exchanged apartments have not been sold to anyone, not given as a gift, not encumbered by the rights of third parties, and are not in dispute or under arrest (ban).
10. The parties confirm that the exchanged apartments are free of residence by third parties who, in accordance with the law, have the right to use them.
11. The parties operate and repair apartments at their own expense, and also participate in the costs associated with their maintenance and repairs, including capital ones.
12. With the contents of Art. 167, 209, 223, 288, 292, 551, 556, 567 of the Civil Code of the Russian Federation the parties are familiar with.
13. In accordance with Article 556 of the Civil Code of the Russian Federation, when transferring the above apartments, the parties draw up a transfer act.
14. The parties acquire ownership of these apartments after state registration of the transfer of ownership. Registration of the transfer of ownership is carried out for each apartment. Each party bears the costs of state registration of its right to an apartment obtained as a result of the exchange.
15. 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 this agreement, and there are no circumstances forcing them to conclude this agreement on extremely unfavorable terms for themselves.
16. This agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes and invalidates all other obligations or proposals that may have been accepted or made by the parties, whether oral or written, prior to the execution of this agreement.
17. In accordance with Art. Art. 433, 558 of the Civil Code of the Russian Federation, this agreement is considered concluded from the moment of its state registration. Expenses for state registration of the contract are borne by ________________________________________.
18. This agreement may be terminated in accordance with the procedure established by law.
19. This agreement has been drawn up in three copies, one copy for each party, the third is kept in the body that carries out state registration of rights to real estate ______________.

ADDRESSES AND DETAILS OF THE PARTIES

Side 1

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

Side 2

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

What exchange options are allowed by law?

During the Soviet years, the exchange of apartments flourished: there were simply no other ways to legally buy living space. People had to invent incredibly complex housing exchange schemes in order to get the apartment they needed. With the collapse of the USSR, it became possible to legally buy housing, but Russian legislation still allows for the exchange of apartments.

In fact, there are 2 options for how to conduct an exchange in our time:

• direct exchange - the two parties to the transaction simply move into each other’s apartments;
• exchange through purchase and sale – the parties draw up 2 purchase and sale agreements, both parties buy each other’s apartments.

At the same time, there is one key feature - this is the status of the living space. It may be privatized or still be municipally owned (while still not privatized). Depending on this, the terms of the transaction will be different.

From the point of view of the law, the exchange of privatized apartments is practically no different from the sale and purchase - an exchange agreement is drawn up, and the terms of the transaction are regulated by Articles 567-571 of the Civil Code of the Russian Federation.

But everything becomes more complicated if the apartment has not yet been privatized and is in municipal ownership. Article 72 of the Housing Code of the Russian Federation does not provide for the exchange of municipal living space. On the other hand, there is no direct ban on such transactions either.

As a result, the decision on the exchange of non-privatized apartments is made by local governments on the basis of internal regulations. Most likely, the administration will renew social rental contracts with employers at other addresses.

From the point of view of the law, a non-privatized apartment becomes the property of the state if the person who is registered in it no longer has rights to it.

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However, in the future, his relatives have the right to challenge such a decision in court. And if the decision is positive, they will be able to privatize the living space in their own name in the future. This is a long process, but for buyers it is always a risk.

Since this is a fairly common type of legal relationship between citizens, a separate article of the Civil Code under number 567 and the following chapter are devoted to it.

Unfortunately, there is no separate regulatory legal act that enshrines all the provisions relating to this type of legal relationship, so one has to be content with excerpts from the code.

In addition, explanations regarding the implementation of the agreement are given in another regulatory legal act.

They usually relate to the quantity and name of the product to be exchanged.

This normative act is an information letter of the Presidium of the Supreme Arbitration Court dated September 24, 2002, number 69.

Meanwhile, the source of law on the issue of exchange of shares can be judicial practice, which you can obtain on the electronic resource of the nearest district court and become familiar with the nuances of the exchange. The source of law from these cases is court decisions.

Read on our website about how to properly exchange a room in a communal apartment or hostel, as well as a two-room and three-room apartment.

What laws govern the preparation and conclusion of an apartment exchange agreement?

We suggest you read: Agreement with a medical worker for pre-trip medical examinations

The Civil Code of the Russian Federation in Chapter 31 defines the basic rules for making exchanges and drawing up relevant papers.

This legislative act is the main one in regulating such issues.

When exchanging real estate, all the answers to your questions can be found here.

Form requirements

This is an official document, therefore it is drawn up in accordance with all canons of legislation.

The first and most important rule is that the document is drawn up on a white A4 sheet.

The sheet must be smooth and not wrinkled and free from extraneous inscriptions.

Filling out is allowed both by hand and by printed text on a computer. For each method there are established rules.

If you fill out the paper by hand, then the paste used to write this document should be black or dark blue. Make sure your handwriting is neat and legible. It is also unacceptable to make grammatical errors.

Computer text is most suitable for design. When writing an application, a standard black computer font is used. In this situation, making mistakes is also unacceptable.

The document looks like this:

1. In the middle of the line the name “Agreement” is written. The line below indicates which one specifically. In our case, this is an agreement on the exchange of shares in the ownership of an apartment.
2. On the right is the date and place of compilation.
3. The following is the name of the parties.
4. The first point is an explanation of the subject of the contract.
5. The order of exchange is prescribed.

6. 
   Responsibility of the parties for failure to comply with certain clauses.

7. Actions are prescribed during the occurrence of force majeure grounds.
8. Final provisions.

Each of the above points is responsible for individual provisions and governs the legal relationship between the parties.

In addition, the document contains information about the attached documents, for example, documents confirming ownership of real estate (read about the exchange of privatized housing).

The law defines a simple written form of a real estate exchange agreement. This means that it is not necessary to have it certified by a notary, but rather simply draw it up on paper, which can be in handwritten or printed form, and signed by each party to the agreement.

After this, if all conditions are met, the paper is considered to be drawn up correctly and takes legal force. The parties, at their own request, have the right to involve a notary in both drafting and certification.

This will help avoid mistakes and prove that the parties were committed to concluding a deal, but it will cost some money for the work of a specialist.

What is included in the contract? When a document of this kind is drawn up, its name and, therefore, its purpose are first indicated. Typically the following information is provided:

• about the participants according to passports or other documents (full name, place of residence, passport details);

• 
  about the subject, that is, about those living spaces that will be exchanged;

• about the rights and obligations of the parties;
• about the date of the transaction;
• on the procedure for resolving disputes and force majeure;
• terms of additional payment, if any;
• signatures.

You can find out whether maternity capital can be used as an additional payment when exchanging an apartment in our article.

All data about the subject and parties must be entered on the basis of documents, correctly and accurately.

Agreement on the exchange of residential premises

———- ¦SAMPLE ¦ ———- AGREEMENT ON EXCHANGE OF RESIDENTIAL PREMISES, ____________ “__” __________ 20__ __________________________________________________________________________, (Full name of the citizen-tenant, passport details) referred to as____ hereinafter “Party A”, residing at the address: ______________ ________________________________________________________________________, and ________________________________________________________________________________________, (full name of the citizen-tenant, passport details) hereinafter referred to as "Party B", residing at the address: ______________ ___________________________________________________________________________, have entered into this agreement as follows: 1. The parties make an exchange residential premises occupied by them under social rental agreements (hereinafter referred to as “apartments”), recognized by the parties as equivalent, i.e. Party A transfers the right to conclude a social rental agreement for an apartment located at ____________, as a tenant, to Party B, and Party B transfers the right to conclude a social rental agreement for an apartment located at ____________, as a tenant, to Party A. Exchange of apartments specified in clauses 2 and 3 of this agreement are carried out with the mutual transfer by the parties of the rights and obligations provided for by the social tenancy agreements previously concluded with them. 2. At the time of concluding this agreement, the apartment located at the address: _______________ is in the possession and use of Party A on the terms of social rental on the basis of ____________________ (indicate the type, date, number and other information about the document - social rental agreement or order). Information about the apartment: Address _________________________________________________________________ __________________________________________________________________________. General characteristics __________________________________________________ __________________________________________________________________________. Floor - _______________________________________________________________. Number of rooms _____________________________________________________. Auxiliary premises ________________________________. Area _______, including residential ___________________________________. Other parameters ________________________________________________________________ ________________________________________________________________________________. (other information is also indicated that makes it possible to identify the residential premises, including data that determines the location of the apartment as part of other real estate, in this case an apartment building, for example, the area of ​​each room, auxiliary premises, etc.). The right to sign a new social rental agreement on the tenant's side of the apartment specified in this paragraph is transferred to Party B under this agreement.

Before signing this agreement, the apartment was inspected by Party B. No shortcomings or defects that would prevent the apartment from being used for its intended purpose were found at the time of inspection.

3. At the time of concluding this agreement, the apartment located at the address: _____________ is in the possession and use of Party B on the terms of social rental on the basis of ____________ (indicate the type, date, number and other information about the document - a social rental agreement or order). Information about the apartment: Address _________________________________________________________________ __________________________________________________________________________. General characteristics __________________________________________________ __________________________________________________________________________. Floor _________________________________________________________________. Number of rooms _____________________________________________________. Auxiliary premises ________________________________. Area ___________, including residential ________________________________. Other parameters ______________________________________________________________ ___________________________________________________________________________ (other information is also indicated that makes it possible to identify the residential premises, including data determining the location of the apartment as part of other real estate, in this case an apartment building, for example, the area of ​​each room, auxiliary premises, etc. .).

The right to sign a new social rental agreement on the tenant's side of the apartment specified in this paragraph is transferred to Party A under this agreement.

Before signing this agreement, the apartment was inspected by Party A. No shortcomings or defects that would prevent the apartment from being used for its intended purpose were found at the time of inspection.

4. At the time of concluding this agreement, the apartments specified in clauses 2 and 3 are suitable for permanent residence, meet sanitary and technical rules and regulations, and other legal requirements. The rights of possession and use of the parties to this agreement are duly formalized in accordance with the established procedure.

5. After the completion of this agreement, there are no other persons who retain the right to use the apartments specified in clauses 2 and 3, in addition to the tenants and who have expressed their consent to the exchange of their family members living together with the tenants.

Note. The exchange of residential premises in which minors, incompetent or partially capable citizens live, for another residential premises is permitted with the prior consent of the guardianship and trusteeship authorities.

6. The parties agreed that the apartments specified in clauses 2 and 3 of this agreement are equivalent, and the exchange under this agreement is made without additional payment.

7. Costs under this agreement are borne by Party A and Party B in equal shares.

8. The parties to this agreement acquire the rights and obligations of tenants of apartments transferred under this agreement after the entry into force of a new social rental agreement concluded with each of the parties.

The exchange is considered completed after the new social tenancy agreements are duly executed and come into force.

9. The exchange is carried out with the simultaneous departure of tenants and members of their families living with them to the apartment transferred by exchange.

The actual transfer of apartments and taking possession are carried out in the following order:

Party A actually transfers, and Party B actually accepts, the apartment specified in clause 2 of this agreement no later than ___ days from the date of entry into force of the new social rental agreement for this apartment, under which Party B will be the tenant.

Party B actually transfers, and Party A actually accepts, the apartment specified in clause 3 of this agreement no later than ____ days from the date of entry into force of the new social rental agreement for this apartment, under which Party A will be the tenant.

10. The parties are obliged to vacate the exchanged apartments from the property located in them no later than ___________________________________________ __________________________________________________________________________. 11. Disputes between the parties arising from or relating to this agreement, including disputes arising from the interpretation of the agreement, shall be resolved in court ________________________________________________________________________________ ________________________________________________________________________________.

12. Amendments and termination of this agreement may be carried out by the parties on the grounds and in the manner established in Art. 452 of the Civil Code of the Russian Federation.

13. This agreement comes into force from the moment it is signed by the parties and is valid until the entry into force of new social rental agreements concluded with each of the parties.

14. This agreement is drawn up in ____ copies, ____________ of which are kept in the files of (names of bodies acting on behalf of the lessors), one - with Party A, one - with Party B.

Addresses, details of the parties

Side A ______________________________________________________________

Side B ______________________________________________________________

Signatures of the parties

Side A ___________________________________________ (signature, full name)

"___" ___________ 20__

Side B _________________________________________________ (signature, full name)

"__" ________________ 20__

Note. The agreement on the exchange of residential premises is concluded in writing by drawing up one document signed by the tenants - the parties to the agreement.

Source - “Legal reference book on housing issues”, “Publishing house of Tikhomirov M.Yu.”

Essential terms of the apartment exchange agreement

Like any other agreement, an agreement for the exchange of residential premises has essential conditions, the inclusion of which in the text of the document is mandatory.

The exchange agreement must necessarily contain a provision on the subject of the transaction, that is, the property being exchanged must be precisely defined and spelled out. To do this, you need to indicate its identifying characteristics:

• name (for example, apartment or room),
• number of rooms,
• apartment address,
• total and living areas and other information.

In addition, you must indicate:

1. Data about the parties to the exchange - full name, passport details of the persons (owners of the transferred property) between whom the exchange is taking place.
2. Mutual responsibilities of the parties.
3. Data of title documents for the exchanged real estate objects.
4. Persons who retain the right to use the transferred housing.
5. The date of the exchange.
6. Signatures of the parties to the transaction.
7. Additionally, you can specify the period for transfer of property. Sometimes property is not transferred simultaneously, but at different times due to various circumstances.

The main obligation for the parties to the transaction in question is the obligation to transfer the property specified in the text of the exchange agreement.

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If the transaction does not specify the conditions for additional payment, then the property is recognized as equivalent.

If a certain amount is established as an additional payment, then the party to the contract has an additional obligation to transfer it.

If the terms of transfer of the apartment do not coincide, then the provisions of the Civil Code of the Russian Federation may be applied to the party transferring the property to the latter.

on counter-fulfillment of obligations

(

Art. 328

Civil Code of the Russian Federation).

Exchange agreement form

The exchange agreement is drawn up in writing, and it does not require notarization.

However, in accordance with Art. 163 of the Civil Code of the Russian Federation, such a certificate is required if it is directly indicated in the law or in the agreement. Therefore, if you do not specify such a condition in the text of the document, then you don’t have to contact a notary.

However, there are two exceptions to the general rule that there is no need for notarization of a transaction:

• if the transaction is related to the alienation of property of a minor citizen or a person with limited legal capacity;
• if the transaction is related to the alienation of property that is in shared ownership.

If the contract is drawn up independently without the help of a notary, then when developing it you need to carefully and responsibly indicate the mandatory information in the contract.

We invite you to read: Housing for orphans in 2021: procedure and conditions for providing apartments, documents, laws and news

There are a large number of samples (standard forms) of exchange agreements for various real estate objects on the Internet. The most common and concluded when making a transaction is an agreement for the exchange of equivalent apartments, an example of which is given below.

Let's talk about the essential terms of the agreement. They are required to be indicated in the contract and to be executed at the same time. Let's look at the main ones:

1. The quantity of goods is the main condition. This clause of the agreement talks about the quantitative ratio of the property that is the subject of the agreement, as well as the procedure for determining it. This is stated in Articles 456, 466 of the Civil Code.
2. Assortment of goods - this item is provided for in Article 467 of the Civil Code. Since we are talking about two parts of real estate, this must be indicated in the document. Also, the assortment may not be defined.
3. Product quality. A very important point, as it allows the parties to visually see on paper that the quality corresponds to the current state of affairs. This paragraph is provided for and regulated by Article 469 of the Civil Code.

If the agreement does not stipulate a quality condition, then one of the parties will not be able to challenge the exchange agreement if he is not satisfied with the condition of the share.

4. Product complexity. Provided for in Article 478. This condition is applicable if furniture and other components of the housing paraphernalia are transferred along with part of the real estate.

5. 
   Execution of obligations. Term. In accordance with Article 457 of the Civil Code, the contract must clearly define the period within which the parties must transfer the property to the other party.

6. Other conditions. If the parties have other requirements for each other, these also need to be written down. Verbal compliance with the terms is not always met and may result in a violation of the rights of one of the parties.

The only essential condition is the indication of the subject. This means that if the item is not specified or described unambiguously, so that it can be distinguished from the mass of other real estate units, then the contract is automatically considered void.

Price, responsibilities and other items are not included in the essential section. This means that without specifying these conditions, the document does not automatically lose legal force.

Agreement for the exchange of privatized apartments: sample

A sample agreement is here.

Exchange agreement for equivalent apartments No. 3732

Ekaterinburg November 18, 2021

Citizen Bezugliy Philip Eduardovich, born on August 28, 1974, passport (series, number, issued) 38 74 No. 847714 issued by the Kirov Department of Internal Affairs of Yekaterinburg on March 04, 2004, department code 484-911, residing at the address: Yekaterinburg, st. Komsomolskaya, 37 kv. 47, hereinafter referred to as “Party 1”, on the one hand, and citizen Fendrikov Pavel Arkadevich, born on February 9, 1973, passport (series, number, issued) 47 43 No. 488179 issued by the Kirov Department of Internal Affairs of Yekaterinburg 02 November 2009, division code 918-801, living at the address: Ekaterinburg, st. Moskovskaya, 93 kv. 71, hereinafter referred to as “Party 2”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

Apartment share exchange agreement.

Read how to draw up an apartment exchange agreement here.

How to draw up a contract for the exchange of a residential building for an apartment, read the link:

1. The parties exchange real estate belonging to them by right of ownership.
2. I, Bezugliy Philip Eduardovich, undertake to transfer to the ownership of Pavel Arkadyevich Fendrikov an apartment located on the second floor of the building, located at the address: Ekaterinburg, st. Shcherbakova, 44 kv. 91, consisting of three room(s) with a total area of ​​115 sq.m., including a living area of ​​100 sq.m.
3. The specified apartment belongs to Philip Eduardovich Bezugloy on the basis of donation agreement No. 847/37 dated September 14, 2009, which is confirmed by the Certificate of state registration of rights dated September 14, 2009, series MV No. 37288, issued by the Office of the Federal Service for State Registration, Cadastre and Cartography for Yekaterinburg, registration number 88327 dated September 14, 2009.
4. I, Fendrikov Pavel Arkadyevich, undertake to transfer to the ownership of Bezugloy Philip Eduardovich the apartment located on the second floor of the building, located at the address: Ekaterinburg, st. Malysheva, 73 sq. 35, consisting of three room(s) with a total area of ​​115 sq.m., including a living area of ​​110 sq.m.
5. The specified apartment belongs to Pavel Arkadyevich Fendrikov on the basis of: purchase and sale agreement No. 8488/2 dated July 11, 2010, which is confirmed by the Certificate of state registration of rights dated July 12, 2010, series VK No. 37723, issued by the Office of the Federal State Registration Service, Cadastre and cartography for the city of Yekaterinburg, registration number 83827 dated July 12, 2010.
6. The cost of the apartment at the address: Ekaterinburg, st. Shcherbakova, 44 kv.91, the parties estimate 4,300,000 (four million three hundred thousand) rubles. The cost of the apartment at the address: Ekaterinburg, st. Malysheva, 73 kv. 35 the parties estimate 4,300,000 (four million three hundred thousand) rubles. The parties consider the exchanged apartments to be of equal value, the exchange was made by them without additional payment.
7. As a result of this exchange, the apartment located at the address: Ekaterinburg, st. Malysheva, 73 apt. 35. Party 1 is satisfied with the quality condition of the apartment, established through an internal inspection of the apartment before concluding this agreement; during the inspection, no defects or shortcomings were found that were not reported to it.
8. As a result of this exchange, the apartment located at the address: Ekaterinburg, st. Shcherbakova, 44 apt. 91. Party 2 is satisfied with the quality condition of the apartment, established through an internal inspection of the apartment before concluding this agreement; during the inspection, no defects or shortcomings were found that were not reported to it.
9. Before the conclusion of this agreement, the exchanged apartments have not been sold to anyone, not given as a gift, not encumbered by the rights of third parties, and are not in dispute or under arrest (ban).
10. The parties confirm that the exchanged apartments are free of residence by third parties who, in accordance with the law, have the right to use them.
11. The parties operate and repair apartments at their own expense, and also participate in the costs associated with their maintenance and repairs, including capital ones.
12. With the contents of Art. 167, 209, 223, 288, 292, 551, 556, 567 of the Civil Code of the Russian Federation the parties are familiar with.
13. In accordance with Article 556 of the Civil Code of the Russian Federation, when transferring the above apartments, the parties draw up a transfer act.
14. The parties acquire ownership of these apartments after state registration of the transfer of ownership. Registration of the transfer of ownership is carried out for each apartment. Each party bears the costs of state registration of its right to an apartment obtained as a result of the exchange.
15. 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 this agreement, and there are no circumstances forcing them to conclude this agreement on extremely unfavorable terms for themselves.
16. This agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes and invalidates all other obligations or proposals that may have been accepted or made by the parties, whether oral or written, prior to the execution of this agreement.
17. In accordance with Art. Art. 433, 558 of the Civil Code of the Russian Federation, this agreement is considered concluded from the moment of its state registration. Costs for state registration of the agreement are borne by Party 1.
18. This agreement may be terminated in accordance with the procedure established by law.
19. This agreement has been drawn up in three copies, one copy for each party, the third is stored in the body that carries out state registration of rights to real estate - the Office of the Federal Service for State Registration, Cadastre and Cartography in Yekaterinburg.

ADDRESSES AND DETAILS OF THE PARTIES

Side 1

• Registration address: 837902, Ekaterinburg, st. Komsomolskaya, 37 apt. 47;
• Postal address: 837902, Ekaterinburg, st. Komsomolskaya, 37 apt. 47;
• Phone fax;
• Passport series, number: 38 74 No. 847714;
• Issued by: Kirovsky Department of Internal Affairs of Yekaterinburg;
• When issued: March 04, 2004;
• Signature: ______________________F.E. Bezugly

Side 2

• Registration address: 837902, Ekaterinburg, st. Moskovskaya, 93 apt. 71;
• Postal address: 837902, Ekaterinburg, st. Moskovskaya, 93 apt. 71;
• Phone fax;
• Passport series, number: 47 43 No. 488179;
• Issued by: Kirovsky Department of Internal Affairs of Yekaterinburg;
• When issued: November 2, 2009;
• Signature: ________________________ P.A. Fendrikov

Registration of property rights under an exchange agreement

Since the parties are in the same position in the exchange agreement, their basic rights and obligations are absolutely identical.

The main duty is to transfer the exchanged goods to his opponent, while simultaneously losing the right to manage the property and acquiring a new one.

There is also an obligation for the parties to inform their opponents of a violation of one or more of the terms of the contract.

As with any other transaction involving the transfer of real estate from one person to another, the exchange agreement should be submitted to the territorial body of Rosreestr to register the transfer of ownership of the apartment. In this case, the basis for such registration is the agreement itself.

In order to register the transfer of rights, it is necessary to collect the following package of documents:

• application for registration of transfer of ownership of new and old real estate;
• certificate of ownership of the apartment (extract from the Unified State Register of Real Estate);
• barter agreement;
• receipt of payment of state duty in the amount of 2,000 rubles.

In particular cases of exchange of residential premises, this list may be supplemented with other documents related to the peculiarities of certain legal relations (consent of other owners, information about notarization of the transaction, etc.).

The territorial body of Rosreestr reviews the package of documents within the period established by law, carries out an inspection and makes an appropriate decision. If such a decision is positive, then the applicant is provided with an extract that indicates the transfer of ownership of the apartment from the previous owner to the new one. After receiving an extract from the Unified State Register of Real Estate, the apartment is considered to have become the property of the new owner.

This clause usually includes the obligations of the participants to transfer property in the proper form and on time, the right to receive additional payment, if such is agreed upon, to demand cancellation of the agreement if one party transferred the object to the second, and from the second this object was seized by third parties before the transfer, for example, on bail.

The parties are obliged to provide comprehensive information about the objects. The obligations and rights of the parties may be different without contradicting the law.

Find out if you can change your apartment if it is under mortgage.

Contract for the exchange of residential premises (sample)

Agreement

exchange of living quarters

______________ "___" ___________ 20__

________________________________________________________________________,

(Citizen's full name, passport details)

hereinafter referred to as __________ “Party A”, living at the address:

______________________________________________________________________, And

________________________________________________________________________,

(Citizen's full name, passport details)

hereinafter referred to as _____ “Party B”, residing at:

_______________________________________________, have concluded this

agreement on the following:

1. The parties exchange what belongs to them by right of ownership

residential premises (hereinafter referred to as “apartments”) recognized by the parties

equivalent, i.e. Party A transfers its apartment located at

address _________________________ belongs to Party B, and Party B

transfers his apartment located at

___________________________________ into the property of Party A.

2. At the time of concluding this agreement, the apartment located in

address: ___________________________________, belongs to Party A at

ownership, which is confirmed by:

certificate of ownership, N ______, issued

______________________ (name of body). Date of issue - "___"

____________ 20__ (Option 1)

contract of purchase and sale (donation, exchange) of an apartment, concluded “___”

___________ 20__, certified by a notary ________________________

_________________________________________________________________ (FULL NAME.

notary, notarial district, date of notarization of the contract,

register number) registered in _____________________________________

___________________________________________________________ (Name

body that registered the agreement, date of registration, other information)

(Option 2)

____________________________________________________________ (other

documentation).

Information about the apartment:

Cadastral number _________________________________________________.

Location (address landmarks) ________________________________

________________________________________________________________________.

Name ______________________________________________________.

Purpose __________________________________________________________.

General characteristics _______________________________

________________________________________________________________________.

Area ______________, including residential _________________________.

Other parameters _________________________________________________

________________________________________________________________________.

The cost of the apartment is _________________ (amount in figures and

in words) rubles, which is confirmed by certificate N ____________________ dated

“___”____________ 20__, issued by the BTI ________________________________

________________________________________________________________________.

The apartment specified in this paragraph becomes the property

Parties B to this agreement.

Before signing this agreement, the apartment was inspected by Party B.

Disadvantages or defects that prevent the use of the apartment according to

purpose, were not found at the time of inspection.

3. At the time of conclusion of this agreement, the apartment located in

address: ___________________________________, belongs to Party B at

ownership, which is confirmed by:

certificate of ownership, N ______, issued

_________________________________ (name of body). Date of issue - "___"

___________ 20__ (Option 1)

contract of purchase and sale (donation, exchange) of an apartment, concluded “___”

___________ 20__, certified by a notary _______________________

________________________________________________________________ (FULL NAME.

notary, notarial district, date of notarization of the contract,

register number) registered in _____________________________________

___________________________________________________________ (Name

body that registered the agreement, date of registration, other information)

(Option 2)

____________________________________________________________ (other

documentation).

Information about the apartment:

Cadastral number _________________________________________________.

Location (address landmarks) ________________________________

________________________________________________________________________.

Name ______________________________________________________.

Purpose __________________________________________________________.

General characteristics _______________________________________________

_________________________________________________________________________

_________________________________________________________________________.

Area ______________, including residential __________________________.

Other parameters ___________________________________________________.

The cost of the apartment is _________________________________ (amount

in figures and words) rubles, which is confirmed by certificate N

_________________ dated “___”_____________ 20__, issued by the BTI

________________________________________________________________________.

The apartment specified in this paragraph becomes the property

Parties A to this agreement.

Before signing this agreement, the apartment was inspected by Party A.

Disadvantages or defects that prevent the use of the apartment according to

purpose, were not found at the time of inspection.

4. At the time of concluding this agreement, the apartments specified in

paragraphs 2 and 3, not sold to anyone, not pledged, in dispute and prohibited

(arrest) are not.

5. After the completion of this agreement, other persons retaining

the right to use the apartments specified in paragraphs 2 and 3, in addition to

there are no owners.

6. The parties agreed that the contract price of each of the apartments,

specified in paragraphs 2 and 3 is __________________ (sum in numbers and

in words) rubles. Apartments can be changed without additional payment.

7. Costs under this agreement Party A and Party B shall be borne by

equal shares.

8. The transfer of ownership rights under this agreement is made

after registration of the agreement in ____________________ (name

authorized body).

Simultaneously with the transfer of ownership rights to the parties hereto

contracts are transferred and the obligations corresponding to these rights, including

for payment of property taxes, expenses for its repair, operation and

maintenance, other payments.

9. Actual transfer of apartments and taking possession

are carried out in the following order:

Party A actually transmits and Party B actually receives

the apartment specified in clause 2 of this agreement no later than ________ days

from the date of registration of this agreement in ___________________

(name of the authorized body).

Party B actually transmits and Party A actually receives

apartment specified in clause 3 of this agreement no later than _______ days from

date of registration of this agreement in ____________________ (name

authorized body).

Transfer and acceptance of apartments in accordance with this paragraph

are certified by the signing of the transfer deed by the parties,

drawn up in accordance with Article 556 of the Civil Code of the Russian Federation.

10. The parties are obliged to release what belonged to them before registration

of this apartment agreement from the objects contained in them and other

property no later than _____________________________________________________.

11. Disputes between the parties arising from this agreement or related

to it, including disputes arising from the interpretation of the treaty, are resolved

in a court _________________________________________________________________.

12. Amendments and termination of this agreement may be made

parties on the grounds and in the manner established in Article 452 of the Civil Code of the Russian Federation.

13. This agreement is (is not) subject to notarization

certificate (at the request of the parties).

14. This agreement comes into force from the moment of its state

registration.

15. This agreement is drawn up in ____ copies, one of which

kept in the notary's files at ___________, one - with Party A,

one is for Party B.

Signatures of the parties:

Side A ___________________________________ (signature)

Side B _____________________________________ (signature)

Do I need to register it and where?

The agreement itself is not subject to registration.

However, the right that arises in the second party to the object transferred to the first, and, conversely, must be registered. A housing exchange agreement concluded without state registration is considered invalid.

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This means that you need to contact Rosreestr with a certain set of papers and register for each owner of the property he has acquired.

The right to the received property arises exclusively from the moment of registration.

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Some nuances

Sometimes the exchange agreement is not for the whole apartment, but for the exchange of shares of real estate. In this case, its essence does not change and it is compiled in a standard way.

However, information about the object indicates the size of the shares, their clear boundaries and information about the object as a whole.

Registration is also required in Rosreestr according to the scheme applicable for the standard case.

Read more about the features of exchanging shares of an apartment in our article.

If an agreement is concluded with a minor, then legal representatives in the form of guardians, parents or trustees must take part in it, and permission to conduct the transaction from the guardianship authority must also be submitted.

If there is an exchange of share for share, then each of the opponents must have all the necessary powers to alienate, and the other owners must give consent.

How to draw up an agreement for the exchange of a share in an apartment for an apartment? If we are talking about an exchange in a 1-room apartment, then the agreement most likely should include a condition for additional payment. If it is not there, then the other party is not obliged to comply with the oral condition.

Exchanging shares is not a complicated procedure at all. But it is only possible if all the necessary conditions are met.

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When is it declared invalid?

There are several reasons and grounds for declaring this type of paper invalid:

• incapacity of one of the parties;
• failure to confirm the transaction by the guardianship and trusteeship authority, if the owner of one of the exchanged objects is a minor and the transaction was made against his interests;
• failure to correctly indicate essential conditions;
• if the transaction was imaginary or feigned, that is, to “cover up another transaction” or to evade taxes, for example.

The agreement is invalid if one or both counterparties are not the owners of the shares and do not have the right to dispose of them.