A well-drafted annuity agreement will protect the annuity recipient from unscrupulous annuity payers, since in most cases annuity recipients are single and elderly people. And, as a rule, they try to exchange an apartment for a decent old age.
Instructions
Step 1
An annuity agreement is actually the sale of real estate in installments, although the transfer of property can be carried out free of charge. In accordance with the annuity agreement, the recipient of the annuity transfers the immovable property to the annuity payer; the law allows the conclusion of an annuity agreement with lifelong maintenance. An annuity contract may be terminated by the parties by mutual agreement or at the initiative of the annuity recipient if the annuity payer does not properly fulfill the terms of the contract, for example, the funds stipulated by the contract are not paid or other forms of maintenance are not provided.
Step 2
An annuity agreement is drawn up in writing and is subject to mandatory notarization and state registration. If the parties do not comply with these requirements of the law, then the transaction may be declared null and void. An annuity agreement may have signs of a sale and purchase agreement if the agreement provides for the payment of money to the owner of the real estate. Or the general provisions of the donation contract may be applied to the annuity contract if the property is transferred into the ownership of the annuity payer free of charge.
Step 3
To conclude an annuity agreement, the parties must have with them: a passport, title and legal documents for the real estate object, cadastral and technical passports for the apartment, a certificate from the technical inventory bureau on the value of the object of the contract at the time of the transaction, an extract from the unified state register of rights to real estate … The agreement is concluded in triplicate, for each of the parties and for Rosreestr. To transfer an agreement for state registration of real estate transactions, it is necessary to provide an application and a receipt for payment of the state duty (plus to the above documents), as well as the notarial consent of the spouses, if any.
Step 4
To draw up a contract, you must contact a lawyer or a notary, this will allow you to take into account the requirements of the legislation of the Russian Federation and provide for the wishes of the parties. The contract must contain: the names of the parties, passport data, registration addresses, complete data about the property, information on the repayment of the contract, the conditions for the transfer of ownership of the apartment, data of the person in whose favor the rent will be paid (the law allows the payment of rent in favor of a third party) … The annuity agreement will be an encumbrance on the property.
