Scheme of the transaction of purchase and sale of an apartment. The procedure for the execution of a transaction for the purchase and sale of an apartment. Restriction on cash payment
Making the purchase of an apartment, regardless of who the seller is, follows a similar algorithm.
The available amount of funds is determined, a suitable apartment is selected. Mandatory at this stage you need to check the legal purity of transactions: find out how many owners own an apartment, whether they are all capable, how many people are registered, whether there are convicts or psychologically unhealthy people among those registered, whether there are children among the owners, whether heirs can challenge the right to own an apartment, and so on.
Some of these questions disappear by themselves when the buyer examines the documents, and all the rest should be asked to the seller or realtor.
A preliminary sale and purchase agreement is concluded with the seller or, for example, an agreement on equity participation - in a word, an agreement on the obligation to subsequently make the main transaction, the transfer of an advance is possible. The advance must be transferred personally to the seller, and not to an intermediary, otherwise you can fall for the tricks of scammers.
Parties prepare the necessary package of documents, the buyer receives at his disposal the required amount of money. Completion of all other procedures is expected, for example, the completion of construction (if the apartment is purchased in a new building) or waiting for the decision of the guardianship and guardianship authority if the owners of the living space are children.
The procedure for registering the purchase of an apartment ends with the conclusion of the main contract of sale, the signing of the act of acceptance and transfer and other documents, if necessary. Master contract of sale signed by all parties involved in the transaction, personally, in the presence of each other. It would be useful to re-read the paragraphs of this document in order to avoid misunderstandings in the future.
Submission of documents for state registration of rights (through the branch of the Registration Chamber or the Multifunctional Public Service Center).
Obtaining documents after the end of state registration and final settlement of the parties.
Depending on the circumstances, the algorithm may be somewhat transformed, but the general sequence of actions is as follows. At each stage, it is necessary to carefully monitor the progress of the transaction, especially if it is carried out with the participation of intermediaries (realtors).
The purchase risks are described below.
Re-registration of an apartment upon purchase
Contact the housing office at the old place of residence and get an extract. With this document, passport, certificate of registration of property, act of acceptance and transfer, you should contact the housing office at the new place of residence, conclude a new contract for the provision of public services.
Men of military age (from 18 to 27 years old) you need to contact the military registration and enlistment office with a similar package of documents to comply with the procedure military registration.
Within 7 days after moving to a new place of residence, you need to contact the department of the federal migration service to change your registration. It is usually possible to simultaneously submit an application for a change of place of permanent registration and the conclusion of a new contract for the provision of public services in a housing office.
Re-registration of all other personal accounts for servicing: intercom, mailbox, gas, and so on in the relevant organizations.
Everywhere you will need to provide: passports of the owners, documents for the apartment and copies of these documents.
In addition, after purchasing an apartment, the buyer has the right to apply to the tax service for a tax deduction in the amount of 2 million rubles, if he has not previously used it.
Where are documents submitted?
Where to buy and sell an apartment? To do this, you need to contact the relevant authorities.
The signing of a loan agreement for the purchase of an apartment takes place at the branch of the bank where the loan is issued.
The drafting of a sales contract can take place in three places: at the Registration Chamber according to the model, independently at home or with a lawyer. If the transaction is simple and does not imply the presence of complications in the form of minor owners, the allocation of shares, loans, and so on, then the contract can be drawn up by yourself, or you can take a sample from the Regpalat. If the contract is complicated, then you need to contact a specialist.
Signing the contract of sale and acceptance certificate takes place at the Registration Chamber or the Multifunctional Center when submitting documents for state registration.
Documents drawn up when buying an apartment are received at the Registration Chamber, regardless of where they were rented.
The final payment takes place in this way and here is the place, as it is written in the contract. If it is a bank loan, then in a bank, if personal funds, then in any convenient place. The transfer of money must be certified by a receipt, preferably in the presence of witnesses who also put their signature on the document.
List of documents
- application for state registration of the transaction;
- a contract of sale and purchase and transfer signed by all parties;
- cadastral passport, floor plan of the house, apartment explication (technical passport from BTI);
- receipt of payment of state duty;
- copies of passports of all people involved in the transaction, or copies of constituent documents if a legal entity is involved in the transaction;
- a notarized power of attorney, if instead of one participant in the transaction, his representative acts.
Sometimes the state registrar may request other documents that will be needed to complete the procedure:
- loan agreement with the bank;
- consent of the owners (if a communal apartment is being sold);
- spouse's consent;
- birth certificates of children or documents on establishing paternity, permission from the guardianship and guardianship authorities (if children are involved in the transaction);
- a copy of the court decision on the recognition of one of the participants in the transaction as incapable or limited in capacity, and so on.
Documents may be requested at the time of application, but most often the registrar contacts the applicant at the stage of verifying the legitimacy of the transaction. It happens that mistakes are made in the contract or in the application. Then they must be reprinted or rewritten and re-signed.
Timing
The standard registration period, if the documents are submitted through the Registration Chamber - 14 days. If documents are submitted through the Multifunctional Center, the period is reduced by half - up to 7 days.
In exceptional cases, it is possible to reduce the registration time to 3-5 days, if, for example, the seller of the apartment leaves for another area for a long time.
In this case, you will need:
- write an application addressed to the head of the department of the Regchamber with a request to speed up the registration of the transaction and indicate the reason;
- attach evidence to the application: for example, a plane or train ticket, in which the specified date comes earlier than the registration deadline;
- hand over the application to the secretary and make sure that it is registered and gets on the table to the boss.
Nuances
There are many nuances in making such a significant transaction. It makes sense to mention the most common features of this procedure.
When buying an apartment from a developer, you need to carefully check all documents, make sure that he has a building permit, that he has legally rented or purchased land under a new building, and that he is authorized to sell unfinished housing.
When making a purchase of an apartment in a mortgage, you must first contact the bank and get approval for the required amount. Sometimes there are unpleasant surprises when, it would seem, if all the requirements are met, the bank refuses to issue a loan, and the transaction has to be terminated at the last moment.
When transferring the deposit, it is necessary to draw up a preliminary sale and purchase agreement, in which you need to fully describe the subject of sale (apartment), provide the passport data of the seller and the buyer, the exact amount of the future transaction, terms, penalties in case of violation of the terms of the contract.
If an intermediary acts on behalf of the seller, then he must have a properly executed power of attorney. In this case, the contract does not include the data of the seller himself, but of his principal, indicating the personal data of this person and the document on the basis of which he acts.
Sometimes the seller asks in the contract to indicate a lower price, than the one actually delivered. This is usually done to avoid paying taxes. Business of the buyer - whether to agree to this offer. After all, if the situation does not turn in his favor, and you have to go to court, then the seller will be able to recover only the amount specified in the contract.
You can check the purity of the transaction not only on the basis of the documents for the apartment and the words of the seller or realtors. The apartment can be checked by sending a request to Rosreestr or the Bureau of Technical Inventory(BTI). Particular attention should be paid to the correct execution of all documents if:
- among the owners - children under 18 years old, incapacitated, in places of detention, missing;
- the apartment is under bail or under arrest;
- the apartment was purchased with maternity capital;
- redevelopment was made in the apartment (it must be legalized);
- the apartment is not in shared, but joint ownership;
- the apartment was inherited (previously unknown heirs may appear, and they, subject to a number of conditions, may well sue the apartment).
The procedure for registering the purchase of an apartment is seemingly simple, but it hides many pitfalls. If you properly prepare the documents and consult with specialists, you can avoid most of the difficulties.
And if it comes to litigation with the seller or registrar, who illegally refuses to fulfill their duties, then you can always go to court to protect your interests.
What form of contract to choose when purchasing an apartment?
Criticism of a legal expert
I want to note that the title of the article is devoted to the procedure for drawing up a contract for the sale of residential premises. The equity participation agreement is an independent agreement and has nothing to do with the sale and purchase. The law clearly distinguishes between these two types of contracts.
The subject of the sale is the transfer to the buyer of a certain (existing) apartment, which has an address, cadastral number, exact area.
The subject of an equity participation agreement is the investment (investment) of funds in shared construction (often an object as such does not yet exist). In this case, the apartment is transferred after putting the house into operation, receiving a BTI passport. That is, at the time of the conclusion of the contract, the exact data of the “sold” apartment is still unknown.
Section "Purchase of an apartment: registration of the transaction"
Registration of the purchase of an apartment, i.e. the sale and purchase agreement ends with the state registration of this agreement. Part 2 of Article 558 of the Civil Code of the Russian Federation states that the absence of state registration of a sales contract entails the recognition of the transaction as not concluded.
That is, transactions legally, no matter how they exist (it’s good to make a link here to an article explaining the difference between invalid and unconcluded transactions. Many people constantly confuse them).
Section "Purchase of an apartment: registration of the transaction"
What about the constitutional right to have a representative? Almost any contract (for example, except for marriage) can be signed personally or by a legal representative.
It is not necessary that the contract must be signed in the presence of each other. The contract can be signed separately. This fact does not affect the recognition of the transaction as invalid. Only in the case of separate signing, the buyer must make sure that the contract is signed by an authorized person.
Section “Where documents are submitted”
The final document on registration of property rights can be obtained in 2 ways:
- at the offices of Rosreestr;
- through the field service of Rosreestr.
Section “Nuances”
The author writes: “When transferring the deposit, it is necessary to draw up a preliminary sale and purchase agreement, in which it is necessary to fully describe the subject of sale (apartment), provide the passport data of the seller and the buyer, the exact amount of the future transaction, terms, penalties in case of violation of the terms of the contract.”
When transferring a deposit or an advance, it is not necessary to draw up a preliminary contract, you can immediately sign a contract of sale.
It is important that the essential conditions are spelled out in the contract:
- data allowing to definitely identify the immovable property to be transferred to the buyer;
- data that determines the location of real estate on the relevant land plot or as part of other real estate;
- price for the property being sold;
- if, after the sale of real estate, in a residential building, apartment, part of a residential building or apartment, there are persons who retain, in accordance with the law, the right to use this residential property after its acquisition by the buyer, it is necessary to indicate a list of these persons indicating their rights to use the residential premises being sold (this the point is especially relevant if a share is being sold, i.e. part of the dwelling).
In the absence of essential terms in the contract, this contract is considered not concluded, because. it is not agreed by the parties.
Advance payment for an apartment
Payment for the purchase of an apartment
Bar Association of the Moscow Region
How does the sale and purchase of an apartment work?
There are two answers to the question of how the transaction for the sale of an apartment goes:
1) An apartment purchase and sale transaction, in the literal sense of the Civil Code of the Russian Federation, is the actions of the buyer and the seller to acquire the buyer's ownership of the apartment and the simultaneous termination of the seller's ownership. Naturally, when buying and selling, the acquisition occurs for a fee.
Since, according to the same Civil Code of the Russian Federation, the purchase and sale of an apartment is formalized by a sale and purchase agreement (Article 549 of the Civil Code of the Russian Federation), the purchase and sale of an apartment involves the conclusion of a written sale and purchase agreement.
However, the law requires that, in order to obtain the right of ownership, the buyer must also undergo state registration of this right in the name of the buyer in the Unified State Register of Rights to Real Estate (EGRP).
Thus, the transaction for the sale of an apartment takes place by signing a contract for the sale of an apartment and state registration of the buyer's ownership of the apartment. Currently, state registration of rights to real estate in Russia is carried out by Rosreestr.
The above is technically the correct answer, but a competent real estate lawyer will give a different answer.
2) The purchase and sale of an apartment involves the conclusion of a contract for the sale of real estate. Taking into account the peculiarities of this agreement and real estate, as well as the possibility of risks arising during the execution of the agreement and the possibility of subsequently challenging the buyer’s rights to the apartment, the purchase and sale transaction of the apartment takes place in the following order:
- Advance payment for an apartment
- Legal check of the apartment
- Legal due diligence of the seller of the apartment
- Preparation and negotiation of the terms of the contract for the sale of an apartment
- Conclusion of a contract for the sale of an apartment
- State registration of ownership of the apartment
- Payment for the purchase of an apartment
- Transfer of the apartment upon sale
Legal check of the apartment
Each stage of the transaction must be carried out correctly. This will ensure the interests of both parties: both the buyer and the seller. Not infrequently, a legal due diligence of an apartment reveals problematic transactions that the seller does not know about.
Obviously, the buyer's risks are much higher - contesting real estate transactions in Russia is possible for a statute of limitations of up to 10 years. Accordingly, contesting one of the transactions in the history of the apartment leads to the contestation of the last transaction. So, to the seizure of the apartment from the last owner.
How such a buyer will receive his money is not known, and the apartment will be taken away very quickly.
Therefore, the legal verification of the apartment is a conscious necessity for the buyer and an obligatory stage of the transaction.
Advance payment for an apartment
To conduct a legal check of the apartment, it takes time to collect documents for the apartment. The time for checking is provided by the advance payment for the apartment – advance payment agreement.
The advance payment agreement must be concluded in such a way as to ensure the possibility of its return to the buyer in case of need. And not just a return, but a quick return.
Often, especially if the apartment is being sold by a real estate agency, the advance agreement is in the form of a deposit agreement, even if the advance is written in the title. Even more often, the essence of the contract is very difficult to understand, and it takes a long time to figure it out before signing.
Do not rush to sign the contract offered to you, study its text, because this contract is not a name, but an essence. It is not difficult to pay an advance, it is difficult to get it back.
Before making an advance, you can already ask about the basic information about the legal features of the apartment: the number of owners, the presence of encumbrances, such as a mortgage, lifelong residence of someone, and other circumstances.
These circumstances are essential and must be taken into account in the terms of the contract. Not always sellers report such circumstances. It is advisable to refuse some apartments.
Find out the status of the seller himself - he is the owner or acts by proxy, who will conclude the contract of sale - the owner or representative by proxy.
Before checking and making an advance payment, it will not be superfluous to immediately discuss the terms of the contract of sale. The seller may have requirements for the terms of the contract, for example, on furniture (leaves or takes), on debts for a communal apartment or electricity, on the term for vacating the apartment, on the order of payment. It is not uncommon when there are significant amounts of debt and debts must be paid off before entering into a deal.
Before signing the contract for the sale of an apartment, you must agree on all its conditions, down to the smallest detail.
Lawyer on the deal
Making a purchase and sale of an apartment is not an easy task. Each transaction for the purchase and sale of an apartment is individual, has specific documents. For the proper conduct of the event, it is necessary to carefully prepare it. As you can see, this is a multi-stage process, so it is necessary to prepare each stage of the purchase and sale of an apartment.
Lawyer on the transaction - legal support of the transaction from negotiations to the transfer of the apartment. Professional legal assistance at all stages of the transaction with the apartment. Lawyer in the sale of an apartment - a recognized need
Conclusion of a contract for the sale of an apartment
The conclusion of a contract for the sale of an apartment, according to the Civil Code of the Russian Federation, is the preparation of a single document on the conditions for the sale of an apartment and its signing by all parties to the transaction.
If the transaction for the sale of an apartment is well prepared, the conclusion of the contract does not cause difficulties. The conclusion of an agreement between individuals, as a rule, takes place in a bank that is used to settle the transaction. The choice of bank is at the discretion of the buyer.
If the seller is a legal entity (an organization, for example, a developer), they conclude a contract for the sale of an apartment in the premises of this legal entity.
If you do not use the services of a lawyer in a real estate transaction, you should consider: the contract for the sale of an apartment does not require state registration! The contract will come into force immediately after its signing!
Therefore, the calculations must be fully agreed before signing the contract!
Payment for the purchase of an apartment
Payment for the purchase of an apartment, in fact, is a technical point in the contract for the sale of an apartment, however, the terms of payment determine the place and time of the transaction.
Payment for the purchase of an apartment can be made with your own money, mortgage (bank money), cash, non-cash, etc.
If a bank provides a mortgage, the transaction will take place at the relevant bank and on a specific date to be determined by the bank and, accordingly, by the buyer. Although, it may be different.
For non-cash payments, the bank for the place of the transaction is not significant. But the order of non-cash payments is of great importance. Perhaps this will become a stumbling block for the parties, and in the end you will make payments in cash.
If payments are made in cash through a cell, agree on the conditions and terms of access to the cell. It will not be superfluous to study the terms of the cell lease agreement. The safety of money in the cell must be agreed.
Transfer of the apartment upon sale
The main thing they forget about when they buy an apartment without legal support for a transaction with an apartment is that the transaction must be completed correctly:
The final stages of the transaction are the receipt of documents after the state registration of the right to the name of the buyer and their exchange, and the transfer of the apartment during the sale from the seller to the buyer.
The contract for the sale of an apartment must be drawn up in such a way that it unambiguously determines the date of transfer of the apartment upon sale.
When transferring an apartment from the seller to the buyer, the condition and completeness of the apartment must comply with the terms of the contract for the sale of the apartment. That is why it is so important to carefully prescribe the conditions on the condition of the apartment in the contract.
The condition of the apartment and completeness is reflected by the parties in the transfer act. The buyer must take into account: after signing the transfer act without comment, he will be able to present claims to the seller only for hidden defects. Hidden - that is, not accessible with a simple inspection.
Therefore, if the apartment is expensive, equipped with furniture, appliances, air conditioners - all this must be checked slowly. If there are comments - reflect in the transfer act.
The correct conduct of each stage of the transaction of purchase and sale of an apartment should ensure a balance of interests of both parties to the transaction. The balance of interests of the parties contributes to the effective preparation of the transaction by both parties and reduces the possibility of conflicts.
December 26, 2016
Lawyer Gordon Andrey Eduardovich
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Price Accompanying transactions for the purchase and sale of an apartment
- Apartments (Moscow)…………………………………. from 35 000 rub.
- Country house and plot ……………………….. from 50,000 rubles.
- Non-residential premises (office, parking place, etc.) ………………….. from 50,000 rubles.
- Non-residential buildings …………………………………………………………. from 80 000 rub.
- Oral consultations …………………………………………………….. from 2,500 rubles/30 min.
The prices do not include the cost of obtaining the documents necessary for verification, state duties and fees, the cost of issuing powers of attorney and other costs.
The price is indicated for one transaction - purchase or sale with legal support from the counterparty and without a mortgage, without guardianship and without complications from the health status of the participants in the transaction. The cost of services for alternative transactions (sale + purchase) is determined individually, taking into account the complexity of the object, the availability of legal support from counterparties, the presence of a mortgage and other circumstances.
Self-sale of an apartment allows the seller to personally control each stage of the sale, from finding a buyer to the process of completing the transaction, and significantly save on the services of a realtor.
However, at the same time, selling a home on your own is a rather laborious process that takes a lot of time and requires knowledge of the basics of the legislation relating to the sale of real estate, and the observance of certain precautions.
Otherwise, the sale of the apartment may be delayed or even lead to adverse consequences for the owner of this dwelling. Therefore, it is first recommended to evaluate your knowledge and strength and weigh the pros and cons of self-selling.
If you still decide to sell housing on your own, then you need to approach this process with maximum responsibility in order to avoid problems in the future.
So, what do you need to do to sell an apartment yourself?
Step 1. Preparing the apartment and all necessary documents for sale
Very often, it is the preparation of documents for sale that is the most time-consuming process that takes a lot of time. However, the owner of the apartment, who has a set of documents ready for sale, will be able to draw up a deal for the sale of housing as soon as possible. That is why the collection of documents must be taken with all responsibility.
Not only the speed of sale and execution, but also the legal purity of the transaction, and, possibly, even the price of the apartment, will depend on the correctness and completeness of the set of documents required to complete a transaction for the sale of residential premises. Not all buyers will agree to wait a few weeks until the seller collects all the necessary documents for the apartment.
To collect a complete set of documents, it is better to contact a lawyer or a registration authority. Competent specialists will help to compile a complete list of all documents for the sale of an apartment, so that nothing is forgotten, and the seller does not have to collect additional documents in the future.
The correctness of the preparation of all documentation is also of great importance, as an incorrectly executed document can lead to a refusal to register a sale and purchase transaction, and, ultimately, significantly increase the time for selling an apartment. Therefore, again, it would be better to first clarify the requirements of the registering authority for a particular document.
In addition, you should carefully check the correctness of filling in all documents. All data specified in the technical documentation for the apartment and other documents must be fully consistent with reality. Documents that will be further submitted to the registration authority must contain only reliable data, be filled out legibly, without corrections and blots.
Required set of documents
1. Certificate of registration of the right to the apartment for sale or other document of title confirming the owner's right to housing.
2. Passports or other identification documents all apartment owners, including birth certificates of minor children who do not yet have a passport.
3. Cadastral passport from BTI(or technical passport) for an apartment.
4. Marriage certificate and spouse's consent(or spouse) for the sale of the apartment, certified by a notary. This consent is not required if the apartment is not legally joint property of the spouses.
5. Permission from guardianship authorities if the owner of the apartment being sold is a minor.
6. Extract from the house book, reflecting information about all persons registered in the apartment. This extract is valid for a fairly short period, so it does not make sense to take it in advance. This document can be obtained immediately before the registration of the rights of the new owner, when a buyer is found, and all other documents will be on hand. The same applies to a certificate of the absence of arrears in utility bills, which will also be required when selling an apartment.
Depending on the specifics of a particular sale and purchase transaction, other documents may be required, the list of which is better to clarify in advance.
Preparing an apartment for sale involves not only improving the presentation of the housing for sale, but also releasing it from residents. It is much easier and faster to sell an apartment from which all residents have already been discharged, since they will still have to be discharged before the sale of the apartment. Free apartments are more valued in the housing market.
Step 2. Finding a Buyer
At this stage, the owner of the apartment will have to evaluate his apartment, having previously studied the real estate market, and find a buyer.
Step 3. Drawing up a preliminary contract of sale
A preliminary sale and purchase agreement gives the seller a certain guarantee that the buyer will not change his mind about buying an apartment, and the buyer - that the owner will not sell it to someone else. At the same time, the seller receives an advance payment or deposit for the apartment from the buyer, which is also fixed in the preliminary agreement.
A deposit agreement or an advance payment agreement, which can be concluded instead of a preliminary sale and purchase agreement, when the seller and the buyer come to an agreement on all the conditions of the main transaction, has a similar legal force.
When compiling these documents, the seller should keep in mind that there are significant differences between the advance payment and the deposit in civil law. Therefore, it is very important to use the correct legal terminology in a contract or agreement in order to avoid certain difficulties in the future. In the event that the sale of an apartment is canceled for any reason, the advance payment is fully returned to the buyer.
If the parties have agreed to make a deposit, a unilateral refusal to complete the transaction will lead to the payment of penalties by the guilty party. If the seller refuses to sell the apartment, he is obliged to return the deposit to the buyer in double size. If the purchase and sale transaction did not take place due to the fault of the buyer, then the deposit remains with the seller.
A preliminary contract for the sale of a property is drawn up in any form. The contract specifies the passport details of both parties (or legal details if the contract is concluded with a legal entity), the addresses of the parties, the description and address of the apartment being sold, the term of obligations, the amount of the advance or deposit. The contract is dated and signed by the parties.
Step 3. Payments for the apartment
When making a transaction for the sale of real estate, settlements can be made at the time of the conclusion of the transaction or at the time of signing the act of acceptance and transfer of the apartment, both using cash and non-cash payments.
However, it is much safer and more reasonable, especially when an individual sells an apartment on his own, to make payments for an apartment through a depository bank cell.
This operation is a guarantee that the seller, after the completion of the transaction, will receive the agreed amount for the apartment, and the buyer will be able to exercise his ownership of the purchased apartment after the transfer of funds.
Money under the control of a bank employee is deposited by the buyer into a bank cell. Before putting money into a cell in a special room, the seller can count and check the money. You can also check the authenticity of money in the bank itself for a fee.
After verification, the money is placed in a special bag and sealed. At the place of gluing, the signatures of both parties are affixed. This procedure guarantees the integrity of the package while the money is in the bank.
After completing the transaction for the sale of housing and registering the buyer's ownership of the apartment that is the object of the transaction, the seller will be able to receive money from the bank.
Step 4. Conclusion of a contract for the sale of an apartment and registration of the rights of a new owner
The contract is drawn up in a simple written form or certified by a notary. If you have never dealt with the preparation of legal documentation, then, of course, it would be wiser to draw up a contract with a notary or at least seek the advice of a professional lawyer.
In any case, when drawing up the contract, please note that in addition to the mandatory details of the parties, the contract must correctly indicate:
- apartment price;
- the address and technical description of the apartment, which completely coincides with the data of the cadastral passport;
- method and term of transfer of money to the seller;
- allocation of transaction costs;
- the period during which the seller must vacate the apartment and transfer it to the buyer;
- the terms and procedure for signing the act of acceptance and transfer of the sold apartment.
After signing the contract by both parties, you need to contact the registration authority at the location of the apartment and go through the mandatory registration procedure.
Step 5. Transfer of the apartment and receipt of money
The final stage of the sale of an apartment is its transfer to a new owner. Such a transfer must be accompanied by the signing of the act of acceptance and transfer of the apartment, since from the moment it is signed, all responsibility for the housing passes to the buyer. The act must be drawn up in at least 2 copies, if a bank is involved in the transaction (for example, with a mortgage) - in three copies.
The process of registering the purchase and sale of an apartment is quite complicated and requires special attention. The seller must think over the sequence of the upcoming transaction, consider all possible risks and subtleties, and also prepare all the necessary documents in advance. To have an idea about the process of making a transaction, you need to familiarize yourself with each of its stages.
Transaction options
Currently, there are several ways to conduct a transaction. Each has its pros and cons, but they are all in demand in their own way.- With the help of a notary
The buyer is not always aware of what documents should be required from the seller and. The notary will also take care of this and tell you all the possible nuances and risks.
- Self clearance
- With the help of a realtor
- assistance in the sale and search for the necessary apartment;
- organization of viewing and display of the apartment;
- decision on the timing of the transaction;
- organization of the payment of the deposit or advance payment;
- advice on all possible issues related to the purchase and sale;
- verification of submitted documents;
- organization of transactions and settlements.
Required documents
In order to competently and without delay arrange the purchase and sale of an apartment, you will need to collect a complete package of documents. Without the presence of any one necessary document, the transaction is either delayed or completely interrupted. In this case, the seller risks disrupting the deal and losing the buyer. Preparation should be taken with the utmost care.Documents required for registration of the purchase and sale of an apartment:
- Main documents:
- Marriage certificate (if the seller is married), if the apartment being sold was purchased during the marriage. This certificate must be drawn up through a notary public.
What does spouse consent look like (example):
Additional Information. Consent to the sale is necessary so that in the future the spouses do not have conflicts about the fact that the spouse sold the home without the knowledge of the other.
- Documents to confirm the ownership of the apartment (such a document may be a certificate of registration of rights, a rent or donation agreement).
- Technical or cadastral passport of a dwelling from the BTI.
Note! The validity of such a passport should not exceed 5 years. Otherwise, a new one must be ordered through the Technical Documentation Bureau.
- Permission from the guardianship authorities. If the owner of the apartment (or its share) is a minor. This permission must be obtained to provide information that the rights of the minor are not violated.
Important! Permission is issued on the condition that the child will soon be registered in another apartment (to be bought or to relatives). The child must have.
- Three copies of the contract of sale. Each of the parties (seller/buyer) receives one copy, the third is intended for the registration authority.
- Power of attorney and identity card of the seller.
Note! The most common fraudulent scheme is the sale of an apartment allegedly by proxy. Very often this document is fake. It is advisable to immediately check the trusted person for reliability.
- Certificate of no debt for an apartment.
Note! Buyers are very willing to make a deal if the seller already has a complete package of documents ready, and all because this significantly shortens the process of its execution.
- Documents confirming the purity of the transaction:
- An extract from the house book, received no earlier than 1 month before the proposed transaction. It reflects information about all persons living (registered) in the apartment being sold. Also, from the extract, you can get information about the presence of an arrest or encumbrance on the apartment (if any).
- Additional package of documents:
- Previous contract of sale.
- Certificate of capacity of the seller. It is needed only if the seller is an elderly person, a disabled person or a suspiciously emotional person.
Note! Often there are cases when the purchased apartment is returned through the court to the owner or relative of the owner due to his incapacity.
For example, very often elderly grandmothers, who are already poorly aware of their actions, sell their apartment for a low price to strangers. As a result, it turns out that the grandmother was simply in an inadequate state at that time. Therefore, it is recommended to always demand from the seller a certificate of his capacity.
What documents are required to sell an apartment (video)
The video tells about the main documents required when selling an apartment. The nuances of the transaction are considered in detail. Consultant - director of a real estate agency.
More about the documents required for the sale of an apartment-. If you are interested in the list of documents for purchase, then it.
Where are documents submitted
You can draw up a contract for the sale of an apartment in the following places:- In the Multifunctional Center (MFC).
- At the Registrar's Office.
The order of registration of the transaction
In order to arrange the purchase and sale of an apartment in the correct order, it is necessary to plan in advance the course of your actions.- At the first stage, all documents are collected (it is advisable to take care of the availability of additional documents). Then the seller must queue up at the Rosreestr to register property rights.
- At the second stage, a contract for the sale of an apartment is drawn up and certified. An act of acceptance and transfer of the apartment being sold to the buyer is drawn up.
- The third stage involves a cash settlement with the seller, passing the state registration and receiving the keys to the apartment.
How to draw up a contract for the sale of an apartment
This agreement is drawn up according to a single model. It can be compiled in printed or written form (but not in any way orally).Sample contract for the sale of an apartment:
Before concluding a contract for the sale of an apartment, both parties must discuss the entire process of the transaction, discuss all the nuances and conditions of the future agreement, as well as the procedure for calculating. One of the highlights is setting the exact price for the apartment. If the seller lowers the price of the property in order to "reduce the tax", he will eventually be able to deceive the buyer with ease.
After filling out the contract of sale, you need to sign it.
Important! It is desirable to settle accounts with the buyer in the presence of reliable witnesses or with a notary.
How much does it cost to buy and sell an apartment
If we consider registration with the participation of a notary or a realtor, then this process can become very costly, but more reliable. Consider the approximate cost of services in three options:- Purchase and sale at the notary
- With the help of a realtor
- Independent registration of the purchase and sale of an apartment
List of expenses:
State duty - 2000 rubles.
- Technical passport of the apartment - from 1000 to 1500 rubles.
- Cadastral passport - 250 rubles (see also -).
- Certificate from Rosreestr - 200 rubles.
- Registration of a power of attorney (if necessary) - 500 rubles.
In this case, the seller of the apartment spends little money on the transaction, but he is exposed to all sorts of risks.
Note! Prices shown are approximate and may vary slightly.
The nuances of an independent transaction without the participation of a realtor / notary
Self-selling an apartment requires special care and caution. There are many nuances in this case, the main thing is to study and remember them:- It is advisable not to pay the amount of the deposit in excess of 80-110 thousand rubles. And be sure to take a receipt from the recipient of the money. Read how to compose it correctly.
- It is not recommended to agree to the request of the seller to specifically underestimate the price of the apartment. The situation can turn against the buyer. And if something goes wrong, then the court will be able to recover only that smaller amount from the seller. Although it usually does not come to this, and the seller goes for it to evade taxes.
- If the apartment is purchased from the developer, then you should very carefully check all the documents and information:
Constituent documents of the developer (certificate of state registration, charter).
- Financial statements for all periods.
- Project declaration.
- Building permit for land. - If an apartment is purchased with a mortgage, it is very important to first resolve the financial issue with the bank. Sometimes it happens that the process of buying and selling has already begun, and the bank abruptly refuses a loan. In the end, everything falls apart.
- During the acceptance and transfer of the deposit, it is desirable that it indicates the penalties that will need to be paid if the terms of the contract are violated.
If the seller / buyer has carefully studied all the points of registration of the sale of an apartment, prepared all the necessary papers, then he will certainly avoid many difficulties. After all, such a laborious process can be fraught with pitfalls.
Possible risks when buying an apartment (video)
Interesting and useful information about the risks when buying a home, describes cases that are worth paying attention to. All about a dirty deal, undervaluation and forgery of documents.Features of registration of purchase and sale of a share in an apartment
If the owner owns a certain share in the apartment, then the sale of this share is very different from the sale of the whole apartment. This process is regulated by certain rules and responsibilities:- The owner must have a document confirming the ownership of shares in the apartment.
- It is necessary to issue a dedicated utility bill.
- Before making a transaction, the owner is obliged to notify the other tenants of this apartment of his decision and invite them to buy out his share.
- Be sure to issue a written notice to citizens living in the apartment about their decision to sell the share. It is desirable that it be certified by a notary.
Note! Only after the refusal of other tenants of the apartment to redeem the share, the seller has the right to sell it to other persons.
Purchase and sale with the participation of relatives
Registration of a transaction between relatives occurs in the same order as discussed above (see "Procedure for processing a transaction"). There is no difference who will be the buyer, whether it be the grandson or the husband. Usually, families resort to this type of transaction as an alternative to a gift agreement or, considering the sale and purchase to be more reliable and undeniable. Such transactions can even be considered fictitious, since most often no funds are transferred between its participants.New rules for selling an apartment
Every year, the legislature amends the rules for selling an apartment in order to simplify the procedure and reduce speculative transactions in the real estate market.Changes in terms of sale:
- The sale of a share in an apartment must now be registered with a notary.
- When dividing property in marriage, it is necessary to certify with a notary all the documents confirming this process (and the agreement on the division of property).
- If the apartment being sold has been owned for less than 5 years, then it is burdened with a mandatory 13% tax. Previously, the term was only 3 years. There are exceptions: taxes (after 3 years) will not be levied on apartments inherited by donation (see also -), rent and privatization (see also -).
You will learn from the following article.
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