You will need
- - duly registered contract of individual share in construction;
- - the payment documents confirming that the original shareholder has fulfilled all its financial obligations to the developer and has no debt on it;
- - notarized consent of the spouse of the seller for the transaction.
The Treaty of cession is characterized by the fact that the action of the original signed contract equity participation is not terminated, there is only a change of persons bearing liabilities in the framework. I.e. only change the side on which the developer is obliged to provide an apartment for the rights of the equity. All other terms of the contract, including: the size and cost of the apartment, the terms of performance and warranty remains the same. The rights possessed by the original holders, in full are transferred to the one who enters into a deal with him on the assignment of these rights. The person who initially invested the money in construction, not liable for the obligations of the developer and is responsible only for the validity of the submitted requirements. Approval of assignment agreement with the Builder is also not required if the condition was not spelled out in the contract of participation.
The legal basis for the conclusion of transactions on assignment of rights are article 382 of the Civil Code and article 11 of the Federal law № 214-FZ "On participation in shared construction of apartment houses...". Condition for its conclusion is the state registration of the contract of share participation in bodies of Federal registration service on the location of the property. Note that the transaction for the assignment of rights may be executed only before the initial interest holders have signed the transfer certificate, otherwise transfer rights to the apartment can only be carried out under the contract of sale.
For the conclusion of the contract of assignment should be prepared the documents, which will include: the equity contract, payment documents and the consent of the spouse.
Before you sign the contract of assignment, make sure the Builder that the buyer really has the right to sign such a contract, and he is the owner of the right requirements. Information about the owner of the right to the property you can also get in bodies of Federal registration service, having received an extract from the unified state register.
In that case, when you acquire the right of claim that has been repeatedly perestaralas, you should carefully recheck the entire chain of earlier transactions.