- - duly registered contract of equity in the building;
- - payment documents confirming that the initial interest holders fulfilled all its financial obligations to the developer and is not payable thereon;
- - notarized consent of the spouse seller for the deal.
Treaty cession characterized by the fact that the action was originally entered into the contract the equity does not stop, there is only a change of persons with commitments under it.Iechanging only the party to whom the developer must provide an apartment on the Rights of the equity.All other terms of the contract, including the size and cost of apartments, terms of performance and security, remain the same.Th
ose rights, which had an initial interest holders in full go to someone who deals with him on the assignment of these rights.That person, who initially invested money in the construction is not liable for the obligations of the developer, and is only responsible for the validity of the transmitted requirements.Matching cession agreement with the developer is also not required if this condition was not spelled out in the contract of the equity.
legal basis for a deal on the transfer of rights is art.382 Civil Code and Art.11 of the Federal Law № 214-FZ "On Participation in the shared construction of apartment buildings ...."The condition for it to enter into a state registration of the contract equity participation in the bodies Rosreestra on the location of the property.It should be noted that the deal on transfer of rights can only be concluded before the initial interest holders signed transfer deed, otherwise the transfer of rights to the apartment can only be done under the contract of sale.
to conclude a contract of assignment should be prepared a package of documents, which will include: partnership agreements, payment documents and the consent of the spouse.
Before you sign a contract of assignment, make sure the builder that the buyer does have the right to sign such an agreement and he is the owner of the claim.For information about the owner of the rights to the property you can also get in the organs Rosreestra received an extract from the Unified State Register.
In that case, when you get a claim which has been repeatedly assign, should be carefully double-check the entire chain of previous transactions.