Роль расписки в сделках с недвижимостью

Автор: admin  //  Рубрики: Азбука недвижимости

Расписки

 

Роль расписки в сделках с недвижимостью

Роль расписки в сделках с недвижимостью - вот тема нашей сегодняшней беседы.

Поздравляем. В Вашей, отнюдь не простой жизни, наконец-то свершилось радостное событие – вы «долго-долго копили и наконец-то купили квартиру».

Вы так долго шли к своей цели, столько трудных этапов преодолели, что имеете полное право наслаждаться новой жизнью.

Однако едва закончив с ремонтом, вы, совершенно неожиданно получаете судебную повестку.

Из нее вы с ужасом узнаете, что ваш замечательный продавец, с которым Вы уже и подружиться успели, требует лишить Вас всех прав на данное жилище и немедленно выселить. А основанием тому служит его заявление, что никаких денег он за проданную квартиру не получал.

На руках у Вас имеется  зарегистрированный договор, который подписал лично продавец, есть и  документы на аренду банковской  ячейки. Есть свидетели проведения  всех этапов сделки и расчетов.

И при всем при этом вы рискуете остаться и без жилья, и без денег. И это не теория, а реальный риск. Прецеденты уже были.

Расписки 1

Многие наши сограждане считают, что наличие договора в «простой письменной», а тем более нотариально заверенного договора купли-продажи и  зарегистрированного соответствующими органами, гарантирует окончательное завершение процесса перехода собственности на объект недвижимости.

Они либо не знают, либо не понимают, что расчеты по сделке – это неотъемлемая и обязательная составляющая, без отдельного подтверждения которой любой договор купли-продажи превращается в «протокол о намерениях».

При проведении сделки через агентство, которое само кровно заинтересовано в положительном результате, риэлтор следит за своевременном и профессиональном оформлении документов, подтверждающих проведение взаиморасчетов. При остальных случаях остается надеяться только на нотариуса.

Иногда они вводят в текст договора следующую подсказку: «Подтверждением произведенных расчетов между сторонами сделки является расписка».

Некоторые нотариусы стараются досконально соблюсти интересы клиентов и применяют «удостоверенную надпись, говорящую  о том, что все расчеты произведены полностью и обязательства сторон выполнены», – непосредственно на бланке договора купли-продажи после его регистрации и передачи объекта.

Это единственный случай, когда возможно обойтись без применения расписки и то только в том случае, если в договоре показывается полная стоимость объекта, а не оценочная сумма ПИБа.

Агентства, которые дорожат своей репутацией, обязательно контролируют процесс составления и передачи  клиентами расписок, а так же сохраняют сами расписки или их копии в собственном архиве.

Расписки 2

 

При проведении много звеньевых «цепочек» необходимо контролировать, чтобы все расписки о «передвижении денег» оформлялись всеми  участниками сделки.

Не стесняйтесь требовать оформление расписок при покупке недвижимости у родственников и знакомых. Не нужно  бояться прослыть  формалистом. Такое занудство в сфере сделок с недвижимым имуществом как раз и приводит к снижению уровня рисков.

Проявление элементарной юридической грамотности никогда не мешало настоящей дружбе.

Образцы правильного оформления расписки продавца квартиры можно без труда найти в интернете или взять в любой юридической конторе.

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