Deed of acceptance of transfer of property - a simple sample

Last week, the website “Legal Ambulance” published 2 expert articles on the problems of deed of gift and unilateral gift agreement, which, judging by your questions, pointed out to us the gaps in the section, one of which was the act of acceptance and transfer under the gift agreement, not previously considered by us.

Today, a practicing lawyer and one of the authors of the blog, Oleg Ustinov, will talk about the most important features and nuances of the design of this document, as well as the most common problems associated with this act.

The act of acceptance and transfer under a gift agreement in 2020 from the point of view of the legislator

Let us immediately note that the civil law of the Russian Federation does not oblige to draw up an act of acceptance and transfer when concluding a gift transaction.
However, this is not prohibited for them. Moreover, in some cases, the preparation of such a document significantly simplifies the legal relationship between the parties to the deed of gift. Therefore, it is worth studying the rules and features of its design as carefully as possible. Moscow and St. Petersburg , don’t have time to delve into the essence of the topic? We offer you FREE LEGAL ADVICE from the best lawyers in the country - right now!
Save money and time with us! The main point when drawing up an act of this type (regardless of the type of property being transferred as a gift) is to indicate in the document the fact that there are no (mutual or unilateral) claims between the donor and the donee. In addition, similar to other similar documents, the deed should describe in as much detail as possible the properties and characteristics of the object of donation, which would distinguish it from among similar objects.

Expert opinion

Lyudmila Kim

Invited expert: author of the “Child Support” blog, practicing family lawyer, 7 years of experience.

Based on the requirements and norms established in the current legislation of the Russian Federation, namely in the Civil Code of the Russian Federation, it is not required to draw up an act of acceptance and transfer in 2020 when drawing up a gift agreement! This document also cannot be required by state registration authorities (for example, Rosreestr employees when registering ownership of donated real estate). As a rule, this act is drawn up at the mutual request of the parties.

So, the content of the act of transfer and acceptance by the parties to the transaction reflects the fact of transfer of the object of donation. The deed itself, after signing, is an integral part of the deed of gift itself and is considered a legal annex to the main deed of gift.

Drawing up such an act will act as a guarantor for the donor and will reduce the chances of conflicts and disputes arising in relation to the gift given to him in the event that this item of donation has certain shortcomings. And all because the contents of the document will contain written confirmation that the donee is ready to accept the property in its current condition.

EVERYONE NEEDS TO KNOW THIS:

State registration of a gift agreement in Rosreestr

Simply put, even if disputes arise due to the poor quality of the donated object (naturally, all the features and shortcomings of the transferred property must be reflected in the contents of the act), the gift agreement will not be able to be challenged in court!

An example of lawyers from the website “Legal Ambulance”

Citizen O. gave her niece a car. At the same time, together with the deed of gift, an act of acceptance and transfer was drawn up, according to the contents of which the donated car, at the time of its transfer, had problems with the engine. Two weeks later, the niece filed a claim in court, wanting to terminate the deed of gift, arguing that when concluding the transaction, she did not have the necessary technical knowledge to fully assess the defect. The court rejected the niece’s claim, pointing out that by signing the acceptance certificate, she not only agreed to accept the gift, but also confirmed her awareness of the existing shortcomings of the car.

It is worth noting that in most cases, even if the shortcomings were not listed in the deed of donation signed by the parties, the court will take the side of the donor, since in the current situation it is very difficult to prove that at the time of signing the deed, such shortcomings existed at all. After all, judging by the document signed by the donee, there were none.

The transfer and acceptance certificate must be drawn up in several copies (at least two - one for each party to the transaction).

What is the act of acceptance and transfer of an apartment upon purchase?

The Acceptance Certificate (APA) refers to a document provided for by the Civil Code of the Russian Federation, which testifies to the full fulfillment of contractual obligations by the participants in the apartment contract and to the actual acceptance of the property by the buyer.
The form reflects the condition of the housing upon its transfer, indicating its technical condition, the fact of full payment and other data reflected in the DCP. The execution of this form refers to the final stage in the procedure for fulfilling obligations under the residential property contract, indicating that all contractual conditions have been fulfilled by the parties and the buyer becomes the legal owner of the property.

Why is a transfer deed needed?

The PPA is an indispensable annex to the PrEP. This document addresses the following issues:

1. Firstly, when accepting housing, the buyer states its technical condition, indicating the absence/presence of comments.
2. Secondly, the signed document becomes the final stage of the apartment contract.
3. In addition, the buyer has the right to use this document to obtain a tax deduction in the future.

Form

There is no unified form or approved structure of the PPA, and the legislative norms do not establish any special requirements.
This form refers to a document that both parties to the contract must sign. Therefore, the form must be prepared in writing only. It does not require registration, but with mutual consent it can be certified by a notary.

In fact, the PPA is considered an addition to the DCP and must be stored with it. At the same time, in some options a separate registration of PPA is not required. For example, if the transfer of housing and the conclusion of the agreement were carried out simultaneously, then in this option the fact of transfer is reflected in the agreement when it is signed. Consequently, there is no need for a separate acceptance form.

When filling out the transfer deed, you should keep in mind that when purchasing housing in a new building, sellers, as a rule, provide their PPA form. Therefore, buyers are required to re-read it carefully before signing it.

When purchasing residential premises on the secondary market, the participants in the transaction sign a PSA prepared by realtors or lawyers. Acts are usually drawn up in two parts, for the seller and for the buyer. When purchasing a new apartment, a third copy is filled out and sent to the registration service. Some divisions of Rosreestr require a third copy of the PPA for housing purchased on the secondary market.

Certificate of acceptance and transfer of real estate in 2020

It is immediately worth noting that, in addition to the act of acceptance and transfer of an apartment or house, the fact of transfer of this property into the ownership of the donee will also be confirmed by the certificate of ownership he received and, in fact, by the real estate donation agreement itself.

As we have already mentioned, there is no specially established sample of an act of acceptance and transfer of real estate. However, although the legislator reserved the parties the right to draw up this document in any form, the document must contain the following information:

1. Place, as well as the exact calendar date of compilation;
2. complete information about the parties to the transaction;
3. details of the gift agreement, which is the basis for the existence of this act;
4. accurate and complete information about the transferred real estate (actual market value, total area, physical address, name of the property, cadastral number, etc.);
5. details, as well as the name of the documents transferred along with the property (for example, a boundary plan or technical passport);
6. a list of shortcomings of the transferred property;
7. an indication of the complete absence of claims from the parties regarding the condition of the property.

If a land plot is given as a gift, experienced lawyers recommend that it be sure to indicate in its contents the category of the plot and its permitted use (for example, land for personal farming, an agricultural plot, etc.). If there are any buildings and structures on the land transferred by donation, this must also be mentioned in the deed.

EVERYONE NEEDS TO KNOW THIS:

Donation agreement for household appliances - legal advice in 2020

In addition, if when registering a donation, instead of one of the parties, his legal representative acts, he must have an appropriate power of attorney certified by a notary! And, if the gift is a share of real estate, its size must be reflected in the contract and deed.

The concept of the act of acceptance and transfer of real estate and its significance in this transaction

The legislation does not establish the obligation to formalize the actual transfer of the object by deed when donating. The parties often neglect this document. However, it has legal significance and can prevent many problems in the future, ensuring a more clean transaction.

The transfer deed performs the following significant functions:

• records the fact and moment of transfer of property under the transaction, as well as the fulfillment of obligations by the parties;
• shows the condition of the apartment at the time of its transfer to the recipient;
• reflects the correspondence of the actual condition of the apartment specified in the deed of gift;
• records the presence or absence of claims from the recipient of the gift to the alienating party.

The Civil Code places responsibilities for maintaining property on its owner. The act of acceptance and transfer makes it possible to establish the moment when the owner is released from this burden, and it passes to the recipient. After signing the deed, the donor is no longer responsible for the condition of the apartment and the actions that will be performed in it. If they lead to unfavorable consequences for other persons, the former owner will be able to prove his non-involvement.

Article 211 of the Civil Code of the Russian Federation regulates the rule according to which the risk of destruction or damage to a property object is borne by its owner. If the deed of gift was signed, but before state registration the apartment or part of it was destroyed, the recipient will be able to demand compensation from the donor for damages. This will not happen if a transfer and acceptance certificate was drawn up, which shows that at the time of the incident the apartment was in actual use by the recipient.

The act of acceptance and transfer will help the recipient to protect his rights and legitimate interests. For example, if the wiring in an apartment received as a gift was faulty and damage was caused to the health or property of a citizen, it will be possible to recover compensation from the donor. This can be done in the following cases:

• if the defects of the gift were hidden. In other words, neither side knew about them;
• if the donor did not warn the recipient or provided him with incomplete information about the gift before concluding the transaction.

The transfer act will show that during the inspection of the apartment, no defect that led to negative consequences was identified. In this case, the recipient will receive compensation.

If a deed of acceptance and transfer is drawn up, this is indicated in the deed of gift itself, and it becomes an integral part of the main agreement.

How to draw up an apartment acceptance certificate in 2020

As we mentioned in the last paragraph, the fact of transfer of ownership of the apartment from the donor to the donee will be confirmed, in accordance with the current legislation of the Russian Federation, by these three documents:

• deed of gift;
• additional transfer deed;
• issued by the Rosreestr authorities, a certificate of the right to take ownership.

A special form and sample of the act of acceptance and transfer of an apartment in 2020 is not available in Russian legislation and the parties to the deed of gift draw it up in any form, taking into account the current situation.

At the same time, in order for this document to have legal force, it should indicate:

Don't have time to delve into legal nuances? Asking a lawyer is faster than reading ! Get a FREE online consultation from the best legal experts - right now !

1. data of the parties to the real estate donation transaction;
2. place and date of drawing up the document;
3. exact details of the donation agreement, which serves as the basis for drawing up the transfer and acceptance certificate;
4. a full description of the donated real estate (see above);
5. details, as well as the name of the documents transferred along with the housing;
6. a list of shortcomings and defects (both obvious and not obvious) of the alienated apartment;
7. an indication that the parties have no claims regarding the general condition of the transferred property.

Also, in the event of alienation of a share of an apartment, it is necessary to indicate its part, size or percentage.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

In the event that the recipient party is not one, but a group of persons, in the act of acceptance and transfer of the apartment it is necessary to indicate full information about the acceptance of part of the apartment by each of the participants, as well as the absence of any claims from these persons to the property received by them.

If, when drawing up a deed of gift, the donee or donor acts as his representative, the main document and deed must indicate the details of the corresponding notarized power of attorney.

Is it necessary to draw up a transfer and acceptance certificate?

The need to draw up an APP for an apartment in purchase and sale transactions is approved by Art. 556 of the Civil Code of the Russian Federation. It states that the seller’s obligation to transfer to the buyer the property specified in the contract will be fulfilled after signing a supporting document certified by the signatures of the parties.

At the time of signing the APP, the buyer agrees with the condition of the purchased housing and accepts the risks and obligations associated with it (payment for housing and communal services, etc.), after which any arising claims can be brought to the seller only in court.

In addition to the deed, it is important to physically transfer the object to the new owner, which is usually formalized in the form of handing over the keys. If, after signing, the seller does not actually transfer the apartment, he is considered to have not fully fulfilled his obligations.

If, upon acceptance of the property, the buyer discovers significant deficiencies, he has the right to demand from the seller one of the possible actions (according to Article 475 of the Civil Code of the Russian Federation):

• compensate the future owner for the elimination of identified deficiencies;
• eliminate defects within the agreed time frame at your own expense;
• reduce the cost of the apartment proportionately ;
• terminate the contract and return the money paid if it is impossible to eliminate the defects.

The conditions can be specified directly in the transfer and acceptance certificate or you can refuse to sign it and then resolve the issue through the court. In this case, the absence of a document on the transfer of housing will be an additional advantage for the buyer, since the seller is considered to have not fulfilled the terms of the contract.

Possible forms

The fact that the property is transferred from the seller to the buyer can be confirmed in three ways:

• The purchase and sale agreement directly states the need to draw up a deed when transferring the apartment.
• The DCT states that the contract itself also serves as a document confirming the acceptance of the property by the buyer.
• There is no mention of AMS in the PrEP. In this case, you should refer to Art. 556 of the Civil Code of the Russian Federation, which establishes the obligation to draw up a transfer document for purchase and sale transactions.

Risks in the absence

If the parties do not execute an APP, they are at risk of unpleasant consequences:

1. If any defects in the housing or arrears in paying for utilities are discovered, the buyer will not be able to prove their occurrence before purchase.
2. If property is damaged as a result of unforeseen circumstances (fire, flooding), responsibility for restoration remains with the seller, since he did not actually document the transfer. The same rule applies if compensation for damage to third parties is necessary.
3. The seller may change his mind about selling the home. Since there is no APP, it means that the buyer did not accept the apartment, and the seller, with some effort, will be able to return it to himself.
4. If it comes to a legal dispute, the plaintiff will have one less piece of evidence about the condition in which the object was transferred.

How to draw up an act of acceptance and transfer of land in 2020

The basic rule for drawing up an act of acceptance and transfer of a land plot under a deed of gift in 2020 is to indicate the main features and characteristics according to which it is possible to identify this plot and distinguish it from among similar objects.

An example from the lawyers of the website “Legal Ambulance”

Citizen O. and citizen K. correctly drew up an act of acceptance and transfer of a donated plot of land, indicating in it the cadastral number of the plot, as well as its actual area and location.

As in the case of registering a donation of real estate, described above, the deed must indicate the real details of the donation agreement itself (date of preparation, name, etc.).

EVERYONE NEEDS TO KNOW THIS:

Prohibition on giving and receiving gifts

The most important thing when drawing up such a document is to indicate which category of land plots the donated object belongs to! Also, if there are any buildings on it, write them down in the contents of the act.

The appendices to the main agreement and the transfer and acceptance certificate are:

• boundary plan of the land plot;
• his cadastral passport.

It is these documents that the donor must transfer to the donee when concluding the transaction.

Also, in addition to complete information about the plot itself, it is worth indicating a list of documents transferred by the donor to the recipient as a result of the transaction (land survey plan, cadastral passport, etc.).

It is also worth noting that if a group of persons acts on the side of any participant in the donation, each of them must sign the deed of transfer!

How to draw up an act of acceptance and transfer of movable property in 2020

Let's start with the fact that donating funds in 2020 can be made in any currency chosen by the donor. Shares, payment documents and other securities can be donated in the same way. In addition, donated funds can be in the account or in cash.

In this case, the acceptance certificate must indicate:

1. exact amount;
2. the currency in which the money is donated;
3. timing, as well as method of transmission;
4. where the donated funds are located;
5. in what way (non-cash or cash) the funds will be transferred.

If the gift is a car or any other vehicle, the parties indicate the following information in the deed:

• car make;
• car model and its name;
• year of issue;
• color and body type;
• engine, chassis and body numbers.

Remember that if the donating party has not deregistered the vehicle, the state number of the car must be indicated in the deed and agreement.

Transfer deeds for other objects of movable property are drawn up in a similar way (the subject of the donation itself is described, emphasis is placed on the absence of claims, etc.).