Selling and buying an apartment takes more than one day. This applies in principle to any real estate property. From the moment the deal is verbally concluded until the final execution of documents, a large number of events can occur that affect this process.
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For such situations, additional agreements to the main agreement were created.
Why is it necessary?
An additional agreement may be drawn up both together with the purchase and sale agreement for an apartment (ASA) or other housing, or after it has been signed. It may supplement the contract, for example, with specific deadlines for repair or other warranty work. The additional agreement introduces specifics into the terms of the transaction, and the agreement itself provides reference information to the points that are specified in the agreement.
The agreement expands the policy, making it detailed and understandable. It provides an interpretation of some clauses, makes additions and changes, and edits certain conditions. As soon as the additional agreement acquires legal force, and this happens already on the day of its signing, the corresponding clauses of the agreement immediately become invalid.
There are a number of conditions that must be met in order to sign an additional agreement:
- both parties agree to change the terms of the policy;
- the content of both documents does not contradict Russian legislation;
- both documents are drawn up in the same form (written);
- The contract has already been signed (otherwise, it is better to change its text without resorting to drawing up an additional agreement).
When is it necessary to compose?
An additional agreement is drawn up in cases where it is necessary to change the terms of the contract, terminate it, or add information to it that is important for fulfilling the specific obligations of the parties.
An additional agreement to the PrEP is signed in a variety of situations:
- The name of the street where the housing is located has changed. The agreement is drawn up in order to then make these changes to the Unified State Register of Real Estate;
- A detailed inspection of the apartment showed that it has serious shortcomings, due to which the buyer demanded a proportionate reduction in value;
- The seller’s trust in the buyer has been undermined, which is why he wanted to include in the DCP a separate clause on liability in case of late payment under the transaction;
- Payment terms have changed. If the parties initially agreed on an advance payment, but then decided to include an installment plan in the DCP;
- The seller cannot leave the apartment on time. The buyer is not against it, but wants to reflect this in the text of the contract, adding new deadlines for the seller’s eviction;
- It is necessary to change the payment bank details specified in the agreement because an error has crept into them.
The reasons for signing a new agreement are determined solely by the parties to the transaction. There is no exhaustive list of reasons for this.
What happens if documents are drawn up incorrectly?
The absence of basic conditions in the document may be a sufficient reason for refusing state registration of the very fact of transfer of rights. Or if they are formatted incorrectly. Additional efforts will be required to eliminate the shortcomings.
Additional agreement to the contract.
Sometimes the contract asks for a smaller amount compared to the actual cost of the property. After all, income from any transactions for the alienation of housing is subject to a tax of 13 percent. Only those who have owned an apartment for more than three years can count on full compensation of costs.
Criminal liability threatens those who evade paying taxes without legal grounds. The buyer may have problems when he receives a housing deduction. After all, the deduction is determined by the amount specified in the contract.
If it does not correspond to real conditions, then part of the amount may be lost. When selling real estate with furniture, experts recommend describing the condition in which the furnishings were at the time of concluding the contract. This will allow you to forget about the troubles when selling.
Not only the contract, but also the additional agreement will be considered valid after the participants put their signatures.
Why you need to register a contract when buying real estate, read here.
At the same moment, rights and obligations associated with executed documents appear. It is enough to make one mistake and then spend a lot of time on litigation. It is better to treat the documents as carefully as possible from the very beginning.
How to apply correctly?
According to Article 550 of the Civil Code of the Russian Federation, DCTs are drawn up in writing and do not require a notary’s signature. The same rules apply to additional agreements. However, the parties have every right to have both papers certified by a notary. If the contract has already been certified by a notary, then by law the additional agreement must also be certified.
The agreement contains the following information:
- Name;
- date and place of compilation;
- personal information, details of the parties (full name, information from passport);
- Full name of the person who will sign the document on behalf of the law firm (if one of the parties is a legal entity);
- information about the agreement, including its number, date and place of execution;
- the reasons why the document is being drawn up, the new edition of the paragraphs of the policy and other information;
- the conditions under which the document comes into force;
- signatures of the parties and their transcript.
Additional agreements for the apartment’s policy agreement or a ready-made sample can be found using the links at the end of the article. The parties have the right to draw up a document independently, taking into account the rules for writing legal documents. When subsequently registering the agreement with Rosreestr, in addition to other documents, you will need to present a copy of the additional agreement.
Important! After the additional agreement enters into legal force, the DCP will be in effect with the changes that were made to it.
Sample
About tripartite additional agreements
Not only the parties to the main agreement, but also third parties can become parties to such agreements. For example, in a rental, it may not only apply to the owner and the person renting. But also for those who plan to purchase rental property.
How to get a tax deduction when buying an apartment, read this article.
Then it will become easier to negotiate the terms of further cooperation after the lease period ends. The contract can be concluded using any conditions that do not contradict the law. It is in the interests of the third party to do everything possible to ensure that there are specific points that cannot be changed.
Agreements and contracts in non-standard cases
If a share is sold, then it must be taken into account that the priority right to purchase remains with other owners, if they are present. They need to be informed that the share is up for sale. The notice must contain several mandatory details, including:
- Cost of share.
- Conditions under which the sale is carried out.
If other owners do not want to purchase the property, then they issue a notarized refusal in writing. The notice must be sent to the place where the owner was recently registered. If a response is not received within 30 days, then it is allowed to sell the share to third parties.
If there are no notices, it will not be possible to record the fact that the property has passed from one to another.
What is a preliminary purchase and sale agreement and what is its purpose, read the link.
If priority rights are violated, interested parties have the opportunity to sue, within a maximum of three months after the initial agreement is drawn up. It is necessary to indicate the size of the share when it is sold.
With the participation of minors in transactions
In this case, obtaining the consent of the guardianship authorities becomes a mandatory condition. The main thing is to prove that the interests of the child are not infringed in any way. And that he will receive appropriate compensation when the deal is completed.
This issue can also be considered in an additional agreement if it was not initially included in the agreement. The consent of the guardianship authorities is one of the mandatory requirements in a situation where documents are given to Rosreestr employees. Otherwise, the deal simply will not take place.
The buyer of an apartment can also be a person who has not reached the age of majority. But such transactions become possible only if the guardians or representatives give their consent in writing. A child can independently sign documents if he is over 14 years old.
This video will tell you how to draw up a purchase and sale agreement:
When a transaction is carried out by proxy
If a proxy is involved, then confirmation of the right to represent the interests of the party becomes important. The power of attorney becomes an additional annex to the main agreement.
There are no serious differences in how a document is drawn up with or without a power of attorney. Do not forget about personal information regarding the representative. This applies to passport data and registration address.
They write separately that the transaction is made with the participation of a trusted person. If there is a power of attorney itself, then the notary does not have to certify the agreement. It is the sale of apartments by proxy that scammers often take advantage of. There is a high probability that you will stumble upon not an official document, but a fake.
List of documents
Often, to draw up and sign an additional agreement, no documents are required other than the contract and passports available to the seller and buyer. But if the basis for changing the terms of the monetary policy was not only the will of the parties to the transaction, but also some external factors, then other papers will be required.
These are usually:
- protocol of disagreements signed by the parties to the transaction;
- certificates or other documents that require changing the original terms of the transaction;
- court order or decision of other government authorities;
- statements of the parties, which set out the objective reasons for changing the terms of the transaction.
Key Features
The contract often has a long validity period. A lot can change during this period. If any clauses of the document do not correspond to reality, an additional agreement must be drawn up. Its functions:
- Addition to the text of the agreement.
- Exclusion of some items.
- Changing the wording of the contract.
An additional agreement is both a contract and a transaction. It is subject to requirements that are also relevant for the main contract. The terms of the agreement must suit all participants. Typically the document includes this information:
- Date of registration.
- Number of the main agreement.
- Part with all adjustments.
- An indication that this is a supporting document.
- Details of the participants in the transaction.
- Signatures.
The document acquires legal force only after signing. It is drawn up in several copies, the number of which must correspond to the number of participants in the transaction.
Do I need to register?
The DCT does not need to be registered (Article 558 of the Civil Code of the Russian Federation), but the changes it makes must be registered in Rosreestr. The DCP changes the ownership rights to an apartment or other residential premises. There is no need to register an additional agreement if it does not change the scope of rights to the apartment. Otherwise, you won’t be able to do it without going to Rosreestr.
For example, if encumbrances appear on an apartment, shown in the agreement, you will need to visit Rosreestr to change the scope of rights. This happens if the buyer first wanted to buy a home for cash, and then decided to take out a mortgage.
If, after signing the agreement, you need to visit Rosreestr, the procedure will look like this:
- the agreement is sent to Rosreestr in any available way - by Russian mail, through the official Gosuslugi portal, using the Multifunctional Center or during a personal visit to the institution;
- along with the additional agreement, other documents related to the case are sent (application for changing information in the Unified State Register of Real Estate and other documents giving grounds for this change);
- a state fee is paid for making changes to Rosreestr;
- after a change in the scope of rights to an apartment, the applicant is issued an extract containing already corrected data about the apartment or other property.
Timing of changes and their cost
Let us turn to Article 16 of the Federal Law “On State Registration of Real Estate”, which provides comprehensive information on the timing of amendments to the Unified State Register of Real Estate. In accordance with it, changes made to Rosreestr will be made within the following period:
- one day - the agreement is sent to Rosreestr through a notary and in electronic form;
- three working days - certified by a notary and immediately transferred through him;
- five working days - the document was first certified by a notary, and then it was transferred to Rosreestr through the MFC;
- seven working days - the agreement was not registered with a notary and was submitted directly;
- nine working days - the agreement was not certified by a notary, and it was submitted through the MFC.
The procedure for making changes to the Unified State Register is paid, and the amount of the state fee for this service is determined by Article 333.33 of the Tax Code of the Russian Federation. If changes in the scope of rights to an apartment are not related to mortgage lending, then the fee for citizens and organizations will be 350 rubles. If we are talking about changes that involve an encumbrance in the form of a mortgage, then the duty for citizens will be 1,000 rubles, for enterprises - 4,000 rubles.
