Mena and the exchange of premises are quite popular varieties of real estate transactions in our country.
Mena and real estate exchange have a fairly large number of similarities, only objects in the specified transactions differ in contracts, or rather, if we are talking about municipal residential apartments, then an agreement is drawn up between the parties to exchange real estate, if we are talking about apartments that are owned by owners, then the exchange agreement is applied here (then we will use the word exchange).
By agreement of the exchange, it is assumed that the object of real estate, which transfers under such an agreement from one person to another, is equivalent. Among other things, the agreement on the exchange is a reimbursable agreement, respectively, all the rules on reimbursable agreements, for example, taxation, pre -emptive right to acquire from other shared owners, the rights of a spouse or a part of the property acquired by another spouse will apply to such an agreement. Conducting an exchange, different.
When the exchange agreement is not signed at all, and when, for any objective reasons, it is best not to draw it up?
Among other things, such an exchange agreement can be carried out when one of the objects of real estate is municipal housing, and the other real estate is an apartment that is in private property.
It is preferable not to carry out the execution of the exchange agreement, if the issue of taxation is open, that is, the object of real estate of the property of one of the changing parties for less than three years, respectively, is subject to taxation. During the exchange in this case, the real value of the apartment should be determined in order to minimize taxation or completely move away from taxes. Difficulties with the agreement under consideration without fail to manifest themselves during the exchange of real estate share, when the owners of other shares have the right to preemptive purchase, but do not have the opportunity to provide for the exchange of the owner that he would like to really get.