In carrying out operations on purchase and sale between the buyer and the seller made the transaction, which is often carried out by a notary. In this case, all relevant documents are in the hands of. But despite this fact - writing receipts still remains a major recommendation in conducting this kind of transactions.
A receipt means a document of a personal nature. Also, a receipt can be defined as a document, with which you can confirm the sending or receiving money, valuable papers, service, as well as the absence of any claims to the opposite side. The importance of receipts determines the legal validity of the document, and the fact, it can serve as a guarantor of the transaction and fulfill their obligations. Despite the absence of any established norms of the current legislation of the sample to write receipts - there are a number of features, came from the practice of law. Below is a look at some of them.
The essence of the receipts from a legal point of view
The essence of receipts is, that any documents, even if certified by a notary, only confirm the fact of transfer of ownership of the acquisition, and receipt confirms that the transfer of funds and the lack of in this connection any claim.
When the transaction is necessary to take into account the size of the sum, which appears in the final documents. The higher amount - the greater the need to write receipts. Although nowadays, when the credibility of the people almost come to naught, in any transactions with the transfer of money or entering into contracts for the provision of services - it is recommended to write the receipt. It usually does not take long, but a significant effect on the, whether the matter has been brought to the end, and whether performed all obligations under agreements reached. As I mentioned above, when you make a transaction with a notary draw up a contract of sale. Sometimes such situations arise, when the contract is terminated as a result of, or it may be deemed invalid at all, in that case it is a receipt can help you troubleshoot all issues inclinations, payments made, incomplete payments, etc..
At the conclusion of leases, that may be the case of the garage rent, You should also write a receipt, which will confirm the fact of payment of the rental value of the lessor. When it comes to purchase - a receipt drawn up for each financial transaction confirmation, whether the deposit, the payment of part of the funds, payment by installments, advance payment or full payment of the product.
Content and Content of the receipts
The receipt is made on behalf of the seller or lessor. It states, that a specific amount of money has been received and the buyer has fulfilled all obligations, so there are no claims against him. As a result, there are two copies of the receipts, one of which is given to the counterparty, and the other retained by the seller.
Below is invited to review some highlights, that needs to be written in the text of receipts. Among other things, this:
- the name of the document and its purpose. It is necessary to describe what this confirms receipt;
- city, wherein the prepared paper;
- the actual date of preparation of receipts;
- FIO persons, on behalf of which the receipt is made. At this point, you need to register contact details of the seller or lessor, including his passport details and registration;
- FIO persons, which takes the performance of the obligations specified in the receipt. It is also necessary to provide complete information about the contact buyer or tenant data, with an indication of his passport details and registration;
- receipts subject. This item includes a detailed description of the operation: sale, purchase, rent, pledge, advance, the provision of services and the like. Also, you must specify the location of the subject, if possible, and its detailed description as such. whether it is designed right, in terms of legislation, way, and if not - how to verify ownership of the new owner;
- amount of money, which is transferred to the account of the subject of a receipt or non-financial liabilities. Typically, the amount of money indicated in figures, and then in parentheses duplicated words. This is done, that could not be interpreted in two ways sum or fix it after the parties sign the document;
- if the means or the obligation to pay or run for some time - then you should specify the deadline for the implementation of all agreements;
- in the presence of witness must enter their contact details, including passport details and place of residence. Usually, it concerns the implementation of very serious obligations or transactions with large sums of money;
- Receipts signing date;
- signatures of the parties. Autograph is placed in the presence of all persons, data which are indicated in the receipt. Signatures of witnesses confirm, that agreement has been reached and no one feels the pressure from the counterparty.
Nuances and general tips
By general rule, in the preparation of receipts you need to add accuracy and inerrancy of making data and other information. Receipts text can not contain any corrections or spelling errors, otherwise it loses its validity in view of possible double interpretation of all content.
When it is not about buying, and the lease of the garage, which is part of the landlord's property, it is desirable in the preparation of the lease and writing appropriate receipts - to send a document, with a list of all the contents of the garage. This list can also contain the estimated cost of the said property. It is not shameful, because in this case the trust relationship overshadowed, and the first priority should be given to the business sector relations. Therefore, each sum of money must meet the check, receipt and a receipt. When transferring money from hand to hand evidence of this kind of payment can only serve as a receipt.
The receipt is self-contained and does not require add-ons. whether it needs to be notarized? Such obligation compilers released no. Although in principle it is possible. The decision on this matter is taken personally its originators. There is an opinion, that during the proceedings certified by a notary receipt carries more weight, however, the court takes receipt as a document and print without a notary.
There is one unspoken rule for writing receipts. It is, to write the document by hand, and not ready to use, typed on an electronic device blank. In support of his own writing receipts it says, if the other party will give up its involvement in the writing of the document - justice can prevail through the examination of handwriting, that will be a strong argument in the trial.
Writing a receipt when you make a purchase of the garage
If the garage is formalized - then its acquisition will not cause additional difficulties and questions. If not - the purchase can take place, but officially it is not possible to arrange it. Moreover, regional executive can always lay claim to the construction of the non-discharge. but, if the buyer thinks, that such acquisition is necessary - you can confirm the receipt of their rights on such property. Later, in order to avoid possible parasites, which will also qualify for this property, It should address the issue of legalizing construction. Check out the garage can be and after solving financial issues with the previous owner. The main time to do privatization.
If the seller says, that the law in this property's all right - it's not a guarantee of its integrity. It is necessary to make sure this. On checking documents can help qualified.
When it comes to buying the garage, located in the protection zone, so are laid underneath communications or closely built buildings, or the location of a number of ways cars and railways - should take into account, that the legal registration of the garage would be extremely difficult. Most often, this kind of objects were built and installed only with the oral permission of the authorized authorities. Therefore, when you change - the problem of finding a garage in the specified location will be back edge.
Question of movable or immovable property concerns the definition of a garage addition of any materials is building. If this is the concrete foundation and brick walls - definitely real estate. But most of the garages in the courts of ordinary apartment buildings assembled from metal sheets, installed directly on the ground - and this movable structure. Moreover, the latter option generally may involve folding design, which simplifies the settlement of a sudden disagreements with the law.
Admission of members of garage cooperative imposes compliance with certain rights and obligations. Therefore, before purchasing a garage in a co-op should be thoroughly familiar with its charter. Namely paragraphs to surrender such property for rent or resale, so how to act in consequence it will be possible only within designated. Entry into the garage cooperative without risk to himself is possible only if it is put into operation legally. Otherwise, registration of property will not be possible.
At the time of sale the previous owner must be in possession of all the documents, confirming not only the right of ownership, but also the absence of any encumbrances, arrests, as well as other unfavorable buyer nuances.
In view of the foregoing it is worth noting, that the receipt is a versatile tool, which is used in almost all financial transactions. Since it does not mention any standard or template for the document, established legislative norms, Receipts text can contain more detailed information, favorable for one or two of its sides.
With the help of receipts can not only provide a guarantee fulfillment of the transaction or reliability of any cash, but also to protect themselves from possible pitfalls. For example in the text can be released prescribe conditions, in which the transaction will not take place or may be canceled. You can also mention, that the responsibility for legal matters, regarding a possible seizure of property or other encumbrance - sole responsibility of the previous owner. According to the customer in the content of receipts can be included and other items, that allocate responsibility between the parties, deal.