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Main » Articles » Real Estate » Exchange, resettlement

Exchange is alive!

Vary boom?

The easiest way to make an exchange in his camp owners or tenants of subsidized housing. The mechanism of exchange of municipal housing has not changed since Soviet times. Apartments owned by the city, which means that exchange is possible only with the consent of the landlord - the municipalities or other owners of housing (if the house, for example, is a departmental). "In the case of exchange of municipal apartments, people do not change the property, and rights to live in a certain place," - says Pavel Kosov, director of the territorial office of "Central".

When a version of the exchange, employers with contracted social rent (tenants responsibility), must provide an agreement for the exchange of each of the landlord. According to Mr. Kosova, in Moscow, the holding of such exchanges involved in the organization Moszhilservis, located at Bath Lane, 2. It is in this state unitary enterprise should be consulted when you find a solution for the exchange.

The landlord considers the proposed option exchange and gives agreement or disagreement on the exchange. And the agreement and waiver must be issued in writing not later than 10 days after treatment. When submitting documents must be written consent of all adult family members, including those temporarily absent. If agreement between the employer and his family is not reached agreement on the exchange, then any of them may require the compulsory replacement of the flat through the courts. In this case, is applied to the documents the court's decision. If you live in a flat minor, incapable or partially capable individuals, it is added to the pile of papers is another - permission of the guardianship authorities, which must be obtained before any action from headquarters.

Even if all documents are assembled correctly, it is not a guarantee that the landlord will allow the exchange. Refuse in exchange for absolutely legally can in some cases: if the employer sued to dissolve the social contract of employment if the right to use bartered dwelling challenged in court, or exchanged dwelling considered unfit for habitation, or the decision to demolish the house or its conversion to other uses, decided to overhaul the house, or if the exchange in a communal apartment is infused chronically ill citizen (of disease specified in Art. 51 of the Housing Code of the RF). If no obstacles to the exchange, it produces Moszhilservis registration. Then going to commission, review documents and issue new warrant.

Bash at the Bash

Can be exchanged and apartments owned by the citizens. Of course, much more people selling old and buying a new apartment. But if the seller and the buyer have found each other directly (which is quite realistic, if the relatives), then you can opt out of the two contracts of sale and make a direct exchange, concluding barter two apartments. "In real life, barter privatized apartments is possible, but not distributed - AP says Kosovo - because it is rare to find an option when two people get together, whose interests coincide with flats to share absolutely."

However, if the part of one of the owners with payments, it may well compensate for the disparity of the two options and increase the chances of committing such a transaction. It should be noted that this supplement is often done informally and in the documents has no effect. However, in this case the housing must be at least roughly equivalent, or Moszhilservis can show clear vigilant and wondering why the three-room apartment on Ostozhenka changes to the studio in Kapotnya. If you follow the rules, then the contract of barter must be specified equal exchange takes place, or exchange with an additional charge.

If the parties find each other and agreed on the conditions, then barter largely favorable conclusion of two contracts of sale (when everyone is selling the other side of the transaction's apartment). If you re-rent is a change of ownership - each of participating in the contract is considered a seller of residential premises, which it transmits, and the buyer of a residential area, which he receives. The benefit also lies in the fact that the income tax is paid when the contract of barter only with the amount of surcharge, if the surcharge is no, there is no income tax. However, this advantage purely theoretical, since, as we know, no income tax still does not pay, but simply writes to the contract of sale non-taxable one million rubles. In an exchange can, of course, save on estate agent. But whether to do it - the big question, because when the transaction (as well as in the usual way of sale) there is a need to verify the legal history of the apartment.

Category: Exchange, resettlement | Added by: Дмитрий (22.03.2010)
Views: 371 | Rating: 0.0/0

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