It is known that the barter agreement is one of the oldest civil law agreements. Historically, it was the forerunner of the sales contract, and therefore the rules on sales are applicable to such a contract. Of course, if this does not run counter to the norms of Chapter 31 of the Civil Code of the Russian Federation, which regulate the obligations arising from the contract.

Now the use of contracts of this type is somewhat limited, but still used. Indeed, when concluding an exchange agreement, time is significantly saved in cases where the desire of two persons to give one thing and acquire another completely coincides.

The concept, term and form of an exchange agreement The main features of an exchange agreement are: consensuality, that is, the agreement is concluded by the parties only on the basis of consent; reciprocity; compensation. As the subject of the contract of exchange are goods free from encumbrance. It is the subject of the contract that is the most important essential condition of the contract. In the event that it follows from the contract that goods of unequal value are exchanged, the party transferring the goods, the price of which is lower, is obliged to pay the difference in prices for these goods. Payment of the difference in prices is made before or immediately after the transfer of goods that have a lower price. Also, the contract may provide for a different procedure for compensation. The transfer of ownership to the parties to the exchanged goods occurs simultaneously, after both parties have fulfilled their obligations to transfer the goods. The term of the contract is always determined by the parties themselves. In cases where the exchange of goods was not simultaneous, and the terms of transfer do not coincide, the fulfillment of the obligation in other terms is considered a counter obligation. Therefore, the last contractor has the right to refuse to perform the contract and demand compensation for losses. This occurs when the early performer fails to fulfill his obligations or there are circumstances indicating that the obligation will not be fulfilled. In oral form, an exchange agreement is possible only in two cases: if the contract is concluded between citizens for an amount less than 10 minimum wages; between any subjects, if the contract is executed immediately upon its conclusion. All other cases of concluding a contract require a written form. Parties to the exchange agreement The legislation does not indicate any special requirements for the subjects of an exchange agreement. But since the transfer of a thing by one person to another in exchange for another thing is a form of disposition of property, each of the parties must be the owner of the exchanged things. Or have another real right, including the right to dispose of the relevant property. Subjects can be both individuals and legal entities: for example, state or municipal enterprises. In such cases, the legal entity also transfers its rights, namely the right to manage and the right to economic management. It should be noted that legal entities can enter into an exchange agreement not only with other legal entities, but also with individuals. Main sections of barter agreements The number and name of sections of the contract depends entirely on the subject of the contract. So in the contract for the exchange of land plots, the following sections are obligatory: subject of the contract; encumbrances of exchanged plots; restrictions on the use of exchanged plots; rights and obligations of the parties; the responsibility of the parties; final provisions; addresses and bank details of the parties. In order for the contract to be drawn up correctly and competently, it is best to use the sample to fill out. As in any other contract, the time and place of conclusion, the passport data of the parties are indicated. At the end of the contract, both parties must put their signatures. Also, the documents required in each individual case must be attached to the contract. An essential condition of the exchange agreement is the subject of the agreement, that is, the type of goods that will be exchanged. Without specifying the name of the things being exchanged in the document, the contract cannot be recognized as officially concluded. It should be noted that the exchange agreement provides for the equality of both parties - the seller and the buyer. At the same time, the parties also have equal obligations before the law. The parties to the contract transfer goods of equal value to each other. They must also spend the same amount of money on the transfer and receipt of goods in the property. If one of the parties received the goods with a defect or other defects, then the other party to the contract becomes liable, similar to that provided for in the sale and purchase. If the goods received under the exchange agreement are seized by a third party, the injured party has the right to demand that the other party return the goods received during the exchange and compensate for the losses (Article 571 of the Civil Code of the Russian Federation). Is there a difference between an exchange agreement and a sale and purchase agreement? Despite the fact that Article 567 of the Civil Code of the Russian Federation actually equates barter to purchase and sale and, for convenience, calls the parties to the contract sellers and buyers, there are differences between them. The main difference is that when buying and selling, one party always transfers money to the other. In the case of an exchange, funds can be transferred only if the goods are recognized as unequal. Price formation It is not at all necessary to indicate the price in the exchange agreement, but it may be necessary in order to correctly carry out accounting and thus avoid problems with the tax service. The value of goods for exchange is usually assessed in two ways. An internal valuation can be used, without the involvement of third parties, and based on accounting data, acquisition costs, as well as the cost of identical items. An independent assessment is also used, which is carried out by specialist appraisers, guided by the data of the contract or other executive and judicial acts. Barter agreement: taxation In accordance with Article 658 of the Civil Code of the Russian Federation, if goods of equal value are exchanged, the exchange agreement is not subject to taxation. If the parties have agreed to exchange unequal goods and one of the parties pays monetary compensation, this amount is considered income and tax must be paid on it. It is 5% of the difference in the value of the goods. In order not to pay taxes legally, the amount of compensation must be included in the deduction (Article 220 of the Tax Code of the Russian Federation). In addition, when processing documents, the parties need to pay a state duty. Its value directly depends on the type and subject of the contract. Types and features of barter agreements There are a number of existing classifications of barter agreements: their difference lies only in the principle in accordance with which the division takes place. So, types of contracts are distinguished, united by the type of exchanged goods. Legal entities and individuals can freely exchange: transport; other types of movable property; private buildings, residential and non-residential; apartments, rooms that are privately owned; land plots. It turns out that the parties are exchanging not just some thing, but the ownership of it. Exchanges can enter into relationships; individuals; legal entities, i.e. various organizations; legal entities and individuals (such an agreement is called mixed). A common type of barter agreement is the so-called barter. This is a contract for the exchange of goods, most often used in foreign trade. The peculiarity of such agreements is that for its conclusion the parties need an appropriate license, and the exchanged goods must be of equal value. Barter transactions are regulated by Decree of the President of the Russian Federation of August 18, 1996 No. 1209 “On State Regulation of Foreign Trade Barter Transactions”, Chapter 10 of the Federal Law No. 164-FZ of December 8, 2003 “On the Fundamentals of State Regulation of Foreign Trade Activities”. Features of the exchange of living quarters Houses, apartments and other residential premises can be exchanged by citizens who have the right to own a particular housing. In the event that one of the owners does not agree to the exchange, the contract is not recognized as valid. Employers in the houses of the state housing fund can also exchange living quarters. But for the conclusion of such a transaction, it is necessary to obtain the permission of all family members. It is important to understand that in such cases, it is not the transfer of ownership, but only the right to use, that takes place. Legal entities are also entitled to act as parties to housing exchange agreements (in this case, part of the rights associated with economic management is also transferred). Mixed forms of barter agreements are also allowed. Quite often, a barter agreement hides various kinds of illegal actions that can be aimed, for example, at tax evasion. This happens because the parties to the contract, by mutual agreement, independently establish the equivalence of the exchanged things. So, some valuable thing can be exchanged for a bill of exchange issued by a commercial organization, which has no security. Therefore, if it is established that the barter agreement was concluded to cover up other relations, it qualifies as a sham transaction. exchange agreement template Download sample contracts: Features of the execution of the contract If the goods that are the object of exchange are determined by generic characteristics, it is important to take into account the quantity of goods to be transferred when executing the contract. It must be provided for by the contract in terms of money or appropriate units of measurement. The contract may determine that the goods are transferred in the range agreed by the parties (Article 467 of the Civil Code of the Russian Federation). It is permissible to stipulate in the exchange agreement the requirements that apply to the quality of the exchanged goods. Otherwise, the goods transferred must be suitable for the purposes for which they are normally used. Also, the contract may contain conditions on the completeness of the goods, their container and packaging. In such situations, the relevant provisions of the sales contract shall apply.

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EXAMPLE AGREEMENT
EXCHANGE BETWEEN LEGAL ENTITIES

date and place of signing

Hereinafter referred to as the "First Party", represented by ___ (charter, regulations) ___, on the one hand, and ___ (organizational and legal form, name of the legal entity) ___, hereinafter referred to as the "Second Party", represented by ___ (position, surname, name, patronymic) ___, acting on the basis ___ (charter, regulations) ___, on the other hand, have entered into this agreement as follows:

1. SUBJECT AND GENERAL CONDITIONS OF THE CONTRACT

1.1. In accordance with this agreement, each of the parties undertakes to transfer to the ownership of the other party one product in exchange for another.

1.2. The name, assortment, quantity, quality and other characteristics of the goods to be transferred by the First Party are determined by Specification No. 1, signed by both parties and which is an integral part of this agreement.

1.3. The name, assortment, quantity, quality and other characteristics of the goods to be transferred by the Second Party are determined by Specification No. 2, signed by both parties and which is an integral part of this agreement.

1.4. The right of ownership to the exchanged goods under this agreement to the party receiving the goods passes from the moment the goods are transferred to it.

1.5. The "General Provisions on Purchase and Sale" (Chapter 30 of the Civil Code of the Russian Federation) apply to this agreement. In this case, each of the parties is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The First Party, no later than ____ calendar days from the date of signing this Agreement, undertakes to provide the Second Party with the goods according to Specification No. 1 at its location in the warehouse of the First Party, located at:
.

2.2. The Second Party, no later than ____ calendar days from the date of signing this Agreement, delivers the goods in accordance with Specification No. 2 to the warehouse of the First Party, located at: ________________________.

2.3. The transfer of goods is carried out by the parties according to the acts of acceptance and transfer drawn up on the basis of the results of checking the goods in terms of quantity and quality immediately on the day of their transfer in the presence of representatives of the parties.

2.4. The goods to be exchanged are assumed to be of equal value, the exchange of goods is made without additional payment. All costs for the transfer and acceptance of goods are borne in each case by the party who bears the corresponding obligations.

2.5. Settlements in cash between the parties under this agreement are not made.

2.6. To account for transactions under this contract, the cost of goods in accordance with specification No. 1 is: ______________ rub., including VAT in the amount of ________________ rub.; the cost of goods in accordance with specification N 2 ________________ rub., including VAT in the amount of _________________ rub.

3. RESPONSIBILITIES OF THE PARTIES

3.1. For non-fulfillment or improper fulfillment of their obligations under this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.

3.2. In the event of the transfer of goods of inadequate quality, each of the parties has the right, at its choice, to demand from the other party a commensurate reduction in the purchase price, the gratuitous elimination of defects in the goods within a reasonable time, as well as reimbursement of their expenses for the elimination of defects in the goods.

3.3. The party that has made a delay in fulfilling the obligation to transfer the goods shall pay the other party to this agreement a penalty in the amount of _______% of the value of the goods to be transferred for each day of delay.

4. OTHER CONDITIONS OF THE AGREEMENT

4.1. This agreement comes into force from the moment of signing by both parties and is valid until the parties fully fulfill their obligations.

4.2. This agreement is concluded in two copies, having equal legal force, one for each of the parties.

4.3. All issues not regulated by this agreement are resolved in accordance with the current legislation of the Russian Federation.

4.4. All disputes arising in connection with the execution of this agreement shall be resolved in court in accordance with the current legislation of the Russian Federation.

4.5. All changes and additions to this agreement come into force from the moment of signing by both parties.

Essential terms of the exchange agreement

Under an exchange agreement, each party undertakes to give ownership of one object to the other party in exchange for another.

An exchange agreement is a transaction, the essence of which is the transfer of property. All delivered items under the contract become the property of the receiving party.

One of the subspecies of barter is barter. This transaction is applicable only in foreign trade. To conclude such an agreement, the goods must be of equal value, and one of the parties must have a license.

The main condition agreements exchange is the presence of the subject. Other conditions become essential if it is stipulated in the contract.

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You can exchange any goods, free from encumbrances. However, a reservation should be made that a party cannot transfer what it does not have the right to dispose of. For example, shares cannot be the subject of an exchange agreement if the person who transfers them is not a member of the company. But the products produced at the plant can be exchanged without the consent of the director of the enterprise.

If the exchange is for unequal items, then one of the parties (the one that received more) will have to refund the difference.

Other terms of the exchange agreement

The contract of exchange, as a rule, is concluded in writing. Orally, you can make a deal in the following cases:

• the amount of the contract between individuals does not exceed 10,000 rubles;
• the contract is executed at the conclusion.

As for the content of the barter agreement, the rights of one party correspond to the rights of the other. Moreover, if a citizen does not fulfill his obligations to transfer the goods, then the party that fulfilled its obligations has the right to demand termination of the contract and compensation for losses.

The legislator does not establish special requirements for the subjects of the barter agreement. However, if we proceed from the fact that, according to the terms of the transaction, an object must be transferred, then the parties must have a property right to this product (for example, the right of ownership). That is, the subject composition of the transaction can consist of both individuals and legal entities, as well as constituent entities of the Russian Federation.

The Civil Code of the Russian Federation prescribes the condition that all costs under the exchange agreement are borne by the party performing this or that action. However, if we are talking, for example, about state registration with Rosreestr, then both parties pay the fee.

As for the condition in the exchange agreement on the term, then, as a general rule, things must be transferred at the same time. But if this is not the case, the document usually prescribes the period during which the party must receive the item. It is from this time that the period will be counted when the counterparty has not fulfilled its obligations, which means that it must compensate the other party for losses.

Land exchange agreement

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The barter agreement itself (Civil Code of the Russian Federation, Chapter 31) of a land plot is not subject to state registration in Rosreestr, however, the transfer of ownership of the land is mandatory.

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In addition, it is assumed that the exchanged items are of equal value. If this is not the case, then one of the parties pays a certain amount specified in the contract.

In addition to this condition, it is recommended to prescribe several more important provisions in the land exchange agreement:

• identification data of the site (cadastral number, its area, location, etc.);
• purpose of land;
• properties located on the site.

In most cases, the parties attach graphic plans or drawings to the exchange agreement, which indicate where the site is located.

Please note that easements may be established on the transferred plot. Check with the owner about them, and even better - write down this condition in the exchange agreement.

A car exchange agreement is used when:

• the car owner cannot sell the vehicle for a long time;
• the trade-in scheme is applied - the exchange of an old car for a new one;
• it is necessary to exchange vehicles (one year) without difference in time.

A barter agreement is one of the easiest ways to get a new car. Its compilation and subsequent registration of the right will not take much time, and the owner will receive a new transport, as they say, without leaving the cash desk.

The algorithm of actions is as follows:

• a car exchange agreement is drawn up and signed;
• the ownership of the vehicle is registered with the traffic police.

Notarization of the transaction by the legislator is not required, only at the request of the parties.

If an additional payment is made under the exchange agreement, this must be indicated in the document.

Treaty apartment exchange (sample 2017-2018 Rosreestr)

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An apartment exchange agreement is concluded for the purpose of exchanging real estate by the parties without attracting funds or with a minimum surcharge (if the cost of apartments is different).

The main features that you should pay attention to when concluding an exchange agreement:

• exact indication of the subject of the contract (address of the apartment, its cadastral number) and cost;
• a list of persons who can use the premises after the transaction is completed (otherwise the contract may be recognized as not concluded).

The transfer of ownership of an apartment, conditioned by the conclusion and execution of an agreement for the exchange of an apartment, is subject to mandatory state registration with the territorial department of Rosreestr, that is, the parties are granted ownership of an apartment only after registration of the transfer of rights in Rosreestr, and not at the time of the exchange. Previously, certificates of ownership were issued, but now they are not issued. All information is stored electronically in the register.

An exchange agreement (sample) can be obtained from a notary or drawn up on your own.

If you decide to draw up the contract yourself, follow our recommendations and you won't have to spend time correcting the document:

• in the preamble, indicate the identification data of the parties (full name, passport data);
• write down the address, cadastral numbers and other information specifying the transferred living space;
• the cost of the apartment;
• the amount of the surcharge (if any);
• grounds for owning an apartment (for example, details of a certificate of ownership or data from an extract from the USRN);
• term for the transfer of the subject matter of the contract.

If the apartment is owned by several citizens, then in order to conclude a transaction, it is necessary to obtain the consent of all owners.

Everyone who was registered in the apartment should not lose their registration. This item is written in the exchange agreement. In addition, if there is a share of a minor in the exchanged housing, then it remains unchanged. If the minor is the owner, then the transaction requires the consent of the guardianship authorities.

Thus, the change of ownership of real estate objects (including land plots) in respect of which a contract has been concluded is subject to mandatory state registration.

Despite the peculiarities of the conclusion of the contract, most issues related to the exchange are governed by the provisions on the sale and purchase contained in Chapter 30 of the Civil Code of the Russian Federation.

Update date: 2019-01-22

Helpful information

Under an exchange agreement, each of the parties undertakes to transfer one property to the ownership of the other party in exchange for other property (clause 1, article 567 of the Civil Code of the Russian Federation). In the event that the exchanged items are recognized as unequal, the owner of the more expensive item must receive monetary compensation. Payment of the difference under an exchange agreement can be made before or after the transfer of property, unless a different payment procedure is provided for by the agreement (Article 568 of the Civil Code of the Russian Federation).

How to draw up an exchange agreement: sample 2019

Before concluding a deal, the parties must agree on what property they will transfer to each other. Each of the parties to the agreement is recognized as both a buyer and a seller, since both give and receive goods.

Depending on the type of property indicated in the sample exchange agreement, the parties may discuss various conditions. For example, if a car exchange agreement is concluded, then the text of the document should contain information about their brands, body and engine numbers, as well as data from documents confirming ownership of the cars.

The subject of the transaction can be any movable and immovable property, as well as securities.

Characteristics of the barter agreement and its regulation

By its legal nature, this agreement is consensual, bilateral and reimbursable.

The contract is governed by chapters 30 and 31 of the Civil Code of the Russian Federation. The civil legislation of the Russian Federation does not provide for a norm that allows giving any name to the parties to such a transaction, therefore they can be called the first and second parties. The parties to the agreement may be individuals, legal entities and individual entrepreneurs.

Essential terms of the measure contract: subject matter and price

The essential terms of the exchange are:

• item (its characteristics and value).
• delivery time of the goods.

The transfer of goods under an exchange agreement does not have to be instantaneous. The terms may not coincide, in which case, first one party fulfills the obligations, and after some time - the second. If the deadlines for the exchange of property are violated, the rules provided for in Art. 328 of the Civil Code of the Russian Federation:

• if one of the parties has not transferred the goods within the prescribed period, the other party has the right to suspend the transfer of its property or refuse to fulfill the obligation and demand compensation for losses;
• if the terms of the exchange agreement are not fully executed by one of the participants in the transaction, then the other participant has the right to suspend the transfer of his property.

Exchange agreement form

The general requirements stipulated by Articles 158 - 162, 164 of the Civil Code of the Russian Federation apply to the form of the agreement.

An exchange agreement between individuals can be concluded both in writing and orally, and if a legal entity is involved in the transaction, then the written form is required.

If the exchanged objects are buildings, structures, land plots, enterprises, residential premises and other real estate, then the transfer of ownership will be subject to mandatory state registration.

After reviewing the example of an exchange agreement, you can create this document using our template.

barter agreement

Hereinafter referred to as (th, th), represented by, acting (s) on the basis of,

collectively referred to as the Parties, and individually as the Party,

Subject of the contract

1.2.

The goods transferred are understood as the property specified in the Specification (Appendix No. to the Agreement), which is an integral part of the Agreement, in which the Parties define:

Name ;

Accessories ;

Documents sent with ;

Completeness;

Warranty period for ;

Quantity .

1.2.1.

1.2.2.

The parties came to an agreement that the liability for insurance in the amount of RUB. () lies on . The insurance contract must be concluded prior to the transfer. The insurance premium is included in the price. The beneficiary under the insurance contract is.

1.3.

The goods transferred are real estate:

Property name: ;

Individual characteristics: ;

Property address: ;

Total real estate area: sq.m.;

Title document: (Appendix No. -).

1.3.1.

Simultaneously with the transfer of ownership, transfers the ownership of a land plot occupied by:

Land plot address: ;

Total land plot area: sq.m.;

Cadastral / conditional number of the object: ;

Title document: (Appendix No.).

1.3.2.

Hereby informs about the list of persons who have the right of residence after the transfer, namely: .

1.3.3.

At the time of the transfer, he undertakes to pay off all debts, if any: utility bills, electricity, gas, telephone, etc.

1.3.4.

Owned on the basis of .

1.3.5.

The parties agreed that the obligation to insure the amount () RUB. lies on . The insurance contract must be concluded prior to the transfer. The insurance premium is included in the price. The beneficiary under the insurance contract is.

1.4.

The Parties guarantee that at the time of conclusion of the Agreement the Goods belong to the Parties on the right of ownership, are not in dispute and under arrest, are not pledged, are not encumbered with the rights of third parties.

1.5.

The Parties guarantee that, as of the date of conclusion of the Agreement, the Goods are in good condition that meets the requirements for their intended use.

1.6.

The cost is RUB. (), the cost is RUB. (). The parties recognize the goods transferred to each other as equivalent. The exchange is made without additional payment.

Contract time

2.1.

The agreement comes into force from and is valid until .

Rights and obligations of the parties

3.1.

Undertakes:

3.1.1.

3.1.2.

3.1.3.

Simultaneously with the transfer of accessories provided for by the Agreement and legislation.

3.1.4.

At the same time, transfer the documents related to it (technical passport, quality certificate, operating instructions, etc.) provided for by the Agreement and legislation.

3.1.5.

On your own and at your own expense during the warranty period, eliminate defects (repair) that cannot be used in accordance with the intended purpose due to fault, within calendar days from the date of application. If it is impossible to eliminate the deficiencies or the occurrence of such deficiencies more than once, he is obliged, within calendar days from the date of the application, to replace such a one with a proper one. The burden of proof lies with the .

3.1.6.

3.1.7.

3.2.

Undertakes:

3.2.1.

Transfer in the manner and under the terms of the Agreement.

3.2.2.

To transfer, completely free from the rights of third parties, not in dispute and under arrest, not being the subject of a pledge, etc.

3.2.3.

Compensate for the losses incurred by him in case of withdrawal from third parties on the grounds that arose before the execution of the Agreement.

3.2.4.

Accept in accordance with the terms of the Agreement.

3.2.5.

Within calendar days from the date of receipt, notify of non-compliance in quantity, quality, assortment, completeness, accessories (including the availability of necessary documents), container and packaging with the terms of the Agreement and current legislation.

3.2.6.

Upon acceptance, carry out a visual inspection and a general check of its working capacity and report any shortcomings noticed.

3.3.

3.3.2.

When transferring inadequate quality, in accordance with the terms of the Agreement, demand at your choice:

3.4.

3.4.1.

Refuse if he does not transfer or refuses to transfer within calendar days from the date of application related to belongings or documents that he must transfer in accordance with the terms of the Agreement.

3.4.3.

When transferring inadequate quality in accordance with the terms of the Agreement, demand at your choice:

Free elimination of deficiencies within calendar days;

Reimbursement of their expenses for the elimination of deficiencies within calendar days.

Demand replacement of inadequate quality with property that complies with the terms of the Agreement.

3.4.4.

In case of transfer of an incomplete one at your choice, demand from:

Additional staffing within working days from the date of receipt of the specified requirement. If, within the period specified in this paragraph, he has not fulfilled the requirements for additional staffing, he has the right, at his choice:

Require the replacement of the incomplete one with the complete one;

Refuse to perform the Agreement.

3.5.

The costs of state registration of the transfer of ownership in the registering authority shall be borne.

The procedure for the transfer of goods

4.1.

Goods must be handed over at the same time.

4.2.

The place of transfer of the Goods is .

4.3.

The transfer of the Goods is formalized by a bilateral act of acceptance and transfer of the Goods, signed by the Parties or authorized representatives of the Parties in the form established by Appendix No. to the Agreement, which is an integral part of the Agreement.

4.4.

It is delivered to the place of transfer by forces.

4.5.

The ownership right to the received under the Agreement passes to from the moment of its acceptance and transfer.

Civil law gives the owner of real estate the right to own, use and dispose of it. One of the disposal options is the transfer of ownership rights to another person under an exchange agreement. To minimize the risks associated with the execution of such a transaction, you need to know how to properly draw up an exchange agreement in 2019 for Rosreestr.

What is a real estate exchange agreement?

The concept of a document, according to which there is an exchange of immovable objects between owners, is given in paragraph 1 of Art. 567 GK.

A real estate exchange agreement is a mutual agreement on the transfer of real estate in exchange for another, between persons who are both sellers, obliging to transfer the object and buyers, obliging to accept it.

Its features include:

• application of rules similar to a sale and purchase transaction;
• drafting in simple writing;
• both parties are sellers and buyers of the objects of the contract, undertaking to transfer and accept them in exchange;
• the subjects of the contract must be recognized as equivalent, unless otherwise specified. When exchanging unequal goods, one of the parties may demand compensation for the difference in price as a surcharge. The procedure and amount of additional payment is established within the framework of the contract.

Pros and cons of an exchange agreement

The specifics of the exchange agreement provides for both positive and negative sides of the transaction. The pluses include:

• there is no need to notarize the contract, it is drawn up in a simple written form;
• in case of an equivalent exchange, the need to transfer funds or make any calculations is eliminated;
• an equivalent exchange avoids taxation of the transaction, since neither party is recognized as a beneficiary;
• in the event of a dispute and the transaction is declared invalid, it is easier to return to the moment before the conclusion of the transaction. The property transferred as a result of the exchange will simply return to the former owners.

There are also negative sides:

• in case of an unequal exchange, compensation for the difference in price should be provided for under the contract;
• the recipient of the benefit as a result of an unequal exchange is obliged to report to the tax authority and pay tax;
• real estate received as a result of the exchange becomes the joint property of the spouses.

What documents are required to complete the contract?

To draw up an exchange agreement, personal documents are required from both parties to the transaction. These include:

• identity cards of the owners of real estate objects who will participate in the transaction;
• extracts from the USRN for both subjects of the contract. They confirm the right of the owner to dispose of the property at his own discretion.

How to fill in correctly?

The same rules apply to the execution of an exchange agreement as to other property transactions. The parties here are equivalent and are referred to as Party 1 and Party 2. This paragraph indicates the full name of the participants in the transaction, their passport data in accordance with the documents.

An essential difference between the barter agreement is the fact that two objects are the subject of the agreement. Therefore, in this paragraph, the characteristics of both subjects of the transaction are prescribed, and a reference is made to the title document for each of them.

Equivalent contract

Since the contract is the result of the agreement of all essential conditions, it should be considered whether the exchange is equivalent. With an equivalent exchange, the conditions include:

• the obligation of the first party to transfer property to the second party and at the same time accept another, which is transferred in exchange from the second party;
• the obligation of the second party to transfer and accept, respectively, its property in exchange for the property of the first party.

Agreement with additional payment

In case of an unequal exchange, it is necessary to clarify the cost of each of the objects of the contract, indicate their values ​​and display the amount of the surcharge due to the party whose ownership the object with a lower value passes. This rule is established by art. 568 GK.

The essential terms of the transaction include the rights of persons who, in accordance with the law, retain the opportunity to use the premises. This moment concerns residential areas, which are most often exchanged under the relevant agreement. If there are such persons, the contract must indicate a list of their rights to use housing after the change of the owner of the premises. These include:

• tenants;
• citizens and persons living with them under a contract of employment;
• recipients of an annuity under a life maintenance agreement with a dependent;
• former family members of the owner.

When exchanging residential premises, the procedure for their release should be determined and prescribed in the contract. Here, the terms of discharge from housing and its complete release should be stipulated.

Agreement for the exchange (exchange) of real estate (apartment) 2019:

The form also includes a contract for the exchange of unequal apartments.

Some Features

It is necessary to draw up an act of transfer to the contract, in which to provide for all the features of the exchanged real estate. It is its integral part, which should be mentioned in the text of the agreement. It can list all the property that is transferred along with the subject of the contract, as well as indicate its condition and existing defects.

The transaction does not require notarization of the exchange. But there are exceptions. The transaction must be certified by a notary public:

• with the participation of an owner who has not reached the age of majority, or a citizen recognized as having limited capacity;
• alienation of shares in real estate, except for shares in a land plot.

The contract is drawn up in the number of copies, one for each party and an additional copy for the registering authority. All copies of the agreement must be certified with a handwritten signature.

The act of acceptance and transfer under the contract for the exchange of real estate (apartments):

Registration of an exchange agreement in 2018

The right of ownership to the property that was received as a result of the exchange arises for the parties to the transaction only after its state registration. Therefore, after signing the agreement, both participants in the exchange must collect the necessary documents for this and transfer them to the territorial body of Rosreestr.

What documents are needed for Rosreestr?

These documents include:

• state duty for registration of the contract - 1000 rubles. and registration of ownership - 2000 rubles;
• a statement of the established form on the transfer of rights to the transferred property and registration of rights to a new one;
• applicant's identity card;
• a document confirming the ownership of the exchanged premises (extract from the USRN or certificate of state registration);
• barter agreement - 3 pcs.

Additionally, you may need:

• consent of the spouse, if joint property is to be exchanged (notarized);
• permission from the body of guardianship and guardianship, when the owner is a minor citizen.

Where to apply?

Documents are submitted for registration to Rosreestr in one of the convenient ways:

• in person at the office of the registration authority or through the MFC;
• through filling out an electronic form on the official website of the department with the attachment of scanned documents;
• mail forwarding with notification and description of attachments.

The registration period is 7 working days from the date of receipt of the full package of documents. As a result of registering an exchange agreement with Rosreestr, a citizen receives an extract from the USRN for the newly received property. It should be noted that when submitting an application through the MFC, the deadline is extended by two working days.