What documents are needed to sell an apartment. The procedure for the purchase of an apartment

You can register the sale and purchase of an apartment in three ways: independently, through a notary or with the help of an agency. The first way is the most risky. However, each of them involves the conclusion of an agreement and its mandatory registration with Rosreestr.

The process of selling an apartment takes place in stages. Moreover, each stage has its own characteristics and nuances.

The purchase and sale of an apartment implies a regulated procedure in which one party undertakes to transfer to the other party for a monetary payment a dwelling for permanent possession and use.

The purchase is carried out by concluding a deal according to the following scheme:

1. searching for an apartment, checking its legal "cleanliness" (no encumbrances);
2. discussion of conditions, conclusion of a preliminary contract;
3. making an advance payment (by agreement);
4. preparation of documents;
5. conclusion of the main contract;
6. registration of ownership in Rosreestr by the new owner;
7. signing of the acceptance certificate, making payment.

At the same time, you can register the purchase and sale of an apartment in three ways:

• on one's own;
• at a notary;
• at the agency.

On one's own

Self-registration is the conclusion of a sale and purchase transaction between two individuals without the participation of a realtor or real estate agency. It assumes:

• execution of a contract in a simple writing;
• lack of registration of a document of title (sale and purchase agreement) with a notary;
• self-filing of all required documents in Rosreestr.

There are risks associated with this sale scheme: ordinary citizens are not always able to draw up a contract correctly and comply with all legal nuances. To carry out a competent transaction, you need legal knowledge and awareness in the process of selling an apartment. Their absence may become the reason for the recognition of the contract as invalid.

Table 1. Expenses for self-registration of a purchase and sale transaction

Note. The prices shown in the table are approximate. They may differ slightly from the existing ones.

At the notary

It involves the conclusion of a contract with its subsequent notarization. Such a document becomes legally significant and carries legal basis... In addition, the notary:

• is responsible for the correctness of the contract;
• advise on the documents required to conclude a transaction;
• will tell you about the risks and nuances of buying and selling.

The cost of drawing up a contract with a notary:

1. one percent of the transaction amount (if the cost of the apartment is up to 1,000,000 rubles);
2. ten thousand rubles + 0.75% of total amount transactions (if the value of the object of purchase and sale is more than a million).

At the agency

Selling real estate through agencies is the most common. More than 80% of citizens use this sale scheme. This trend is associated with legal protection and a guarantee of the legality of the transaction.

As a rule, the agency takes care of all the preparation, assisting in the preparation of the necessary documents. In this case, the realtor:

• is looking for a suitable apartment;
• negotiates with the owner of the property;
• negotiates conditions with the seller based on the wishes of the client;
• draws up a contract;
• provides instructions on how to fill in the documents correctly;
• is present at all stages of the transaction;
• performs other actions that have legal nature when selling an apartment.

The downside is the high price for agency services. On average, it ranges from two to five percent of the cost of housing.

Deal options

There may be several options for conducting a transaction. As a rule, this is a purchase and sale:

• apartments;
• shares;
• carried out between relatives.

Purchase and sale of an apartment

Buying and selling an apartment is the most common option (in comparison with the sale of its share and room). Peculiarities:

1. Number of owners. Sometimes the selling party does not represent one person - there may be several homeowners. Each of them must give their consent to the sale of the apartment. In this case, the owners personally sign the contract in the presence of all parties to the transaction.
2. Housing burden. It is better to check its availability before signing the contract.
3. Minor children.- the procedure is complicated. This is due to obtaining permission to conduct a transaction from the supervising body of guardianship and trusteeship.
4. Taxation. The tax is levied on real estate owned for less than five years (less than three years in case of donation, privatization, contract of lifelong maintenance with dependent).

In addition, you can buy an apartment:

• in the secondary real estate market;
• in a new building;
• in a building under construction.

In each of these cases, the execution of the contract is an integral part of the conclusion of the transaction. However, it is important to take into account that there is obviously no housing encumbrance in a new building, which means that there are significantly fewer risks when buying.

If the apartment is not new, there is a likelihood of buying a home "with a trailer". Therefore, it is right to buy an apartment on secondary market is possible only under the condition of a thorough check of all documents.

Purchase and sale of a share in an apartment

Selling a share in an apartment is not so common. They are the least sold on the real estate market. This is due to low demand and lack of a large number proposals.

Many do not risk buying a share, because in this case, the new owner will have to divide living space with strangers. Therefore, most often the share is sold to relatives or friends.

In addition, the alienation of a share has a peculiarity: before the sale, the owner of the apartment is obliged to offer to buy out the share to other owners, the preemptive right to buy out of which is regulated civil code... Wherein:

• The offer is made in writing. Registration with a notary is not required, but in some cases it can serve as a significant legal aid. In addition, it is better to send the document by mail with a receipt confirmation and an inventory of the contents.
• In case of refusal or no response within a month, the owner of the share has the right to sell it to third parties.

Sale and purchase between relatives

Buying and selling an apartment between relatives is a rarity. Most often, alienation occurs through donation or the drawing up of a will.

However, if citizens decide to make such a transaction, the following nuances should be taken into account:

1. The need to pay tax on the cost of housing (if the apartment has been owned for less than five years and costs more than 1 million rubles). Many go for a trick and indicate an amount significantly lower than its real value. but tax authority monitors transactions. If the specified amount is lower than the market and clearly underestimated, the tax will be increased, as well as an obligation to pay penalties.

Note. At the same time, it will not be possible to obtain a tax deduction, since in Article 220 Tax Code it is stated that in order to receive it, the buyer must not be a relative of the seller.

1. Property division... If the apartment was purchased by a married citizen, the purchased housing will be considered joint property. Accordingly, upon divorce, it will be divided between the spouses.
2. The formality of the transaction. Often, housing between relatives is sold under a sale and purchase agreement without the actual transfer of money, and one of the parties continues to live in the apartment by agreement. But it is worth remembering that if the new owner decides to evict a relative, he will be able to do this without hindrance, the law will be on his side.

Timing

When selling an apartment, the terms for the implementation of the contract are negotiated by the parties. The interval between the signing of the preliminary contract and the main one can be different. Contractors independently set its duration.

However, when registering ownership, the new owner of the apartment should be aware that government agency determines its terms for the procedure. Its duration is:

• in Rosreestr - ten days;
• at the Multifunctional Center - up to seven days.

Requirements for the content of the contract

The essential terms of the sales contract are its subject matter and the price of the apartment. This means that without specifying this information, the contract will be considered non-concluded.

Residential premises are considered as a subject - its area, parameters, location. The price is indicated real, the one for which it will be sold. Intentional reduction or overestimation of the cost is not allowed if the apartment is actually sold at a price lower than in the contract.

Note. The contract is concluded in simple written form. It must contain the rights and obligations of the parties, as well as the terms of the transaction.

The contract also indicates:

• personal personal data of the parties (full name, their registration, date of birth, passport data);
• detailed description object (area, location, number of storeys, etc.);
• the cost of housing;
• no encumbrances, arrests;
• the presence of redevelopment and its design.

In addition, attention should be paid to the point about persons registered in the apartment. If available, the buyer must decide whether he is ready to buy an encumbered apartment.

The document is current for 2017.

Required documents

The documents required for the conclusion of the transaction are prepared by each of the parties. Some of them require notarization.

Documents for the seller

Table 2. Documents for registration of sale and purchase provided by the seller

Buyer documents

Table 3. Documents for registration of sale and purchase provided by the buyer

Where documents are submitted

Not all buyers know where to draw up a contract for the sale and purchase of an apartment and where to submit documents. It can be registered in:

• Rosreestre;
• Multifunctional center.

This is a mandatory step, without which the transfer of ownership will be impossible.

What you need to check before concluding a deal

Before concluding a sale and purchase transaction, a check is required:

• the seller;
• authenticity of documents;
• the presence of encumbrances in the apartment.

Checking the owners of the apartment and the seller

An important step before making a deal is to check the seller of the property. This requires:

1. View the seller's passport, make sure it is authentic.
2. Find out about the number of apartment owners, as well as the basis for its acquisition. The specified information is provided in Rosreestr.

Note. If the apartment has been inherited by the seller, you should ask the notary about the presence of other heirs.

1. If the owner of the apartment and the seller are different persons, it is necessary to check the presence of a power of attorney giving the latter the right to alienate the apartment. Moreover, it must be notarized.

Authenticity of documents

The authenticity of the documents is a key point to pay attention to when buying an apartment. Forged and invalid papers can cause an illegal transaction, which will subsequently lead to litigation and invalidation of the contract.

Particular attention should be paid to the reliability of documents such as:

• the agreement on the basis of which the seller received the right of ownership (agreement of donation, purchase and sale, exchange, inheritance, etc.);
• certificates confirming the absence of encumbrances on housing (list of persons registered in the apartment);
• mortgage agreement (if the house was bought under mortgage lending);
• seller's passport.

Forgery of these documents will mean that they are trying to sell the apartment in an illegal way.

The presence of encumbrances in the apartment

An encumbrance is an imposed restriction on an apartment that exists regardless of the change in ownership. Such housing is difficult to sell. Therefore, many sellers go for tricks, keeping silent about its availability.

Note. Information on the presence of encumbrances is indicated in the extract from the Unified State Register of Real Estate (USRN).

Table 4. Types of housing encumbrances

The order of registration of the transaction

The procedure for buying an apartment takes place step by step:

1. Conclusion of a contract and its registration.
2. Transfer of the apartment.
3. Payment.

Conclusion of a contract

The conclusion of the contract is an important stage in the transaction. Before signing it, all the essential conditions affecting the order and cost of alienating an apartment are discussed.

At the initial stage, the seller and the buyer make up preliminary agreement, in which they agree on the terms of the sale and its amount. This document is a kind of "booking" of the purchased apartment, expressing the intention of the parties to conclude an agreement.

After that, the seller prepares the documents, the text of the main contract is drawn up. This procedure should be treated with extreme caution. Any errors and inaccuracies in the contract may have legal consequences in the future. This is especially true of the item on the cost of housing.

Note... Many sellers are tricky and insist on specifying a lower price in the contract. The argument is the seller's unwillingness to pay tax. However, you should not agree to such conditions - in case of termination of the contract, the buyer will be the injured party. In court proceedings, it will be difficult to prove that he paid more. Most likely, he will be refunded the amount specified in the contract.

After drawing up the contract, the parties are engaged in signing it. At the same time, all participants in the transaction must be present at the time of the endorsement.

Transfer of the apartment

The transfer of the apartment is carried out by signing a deed of transfer. In fact, it means that the buyer has no complaints about the condition of the apartment, and also confirms the fact that the keys and documents for the purchased housing have been handed over.

Transfer act:

1. Done in simple writing.
2. Filled in free form.
3. Does not require notarization.
4. Contains information about the condition of the housing, its address, as well as the date of compilation, personal data of the parties and their signatures.

Note... The deed of transfer should be signed after the registration of ownership of the apartment. This will ensure that the documents are registered and not returned for revision.

Transfer of money

After signing the contract and deed of transfer, as well as registration with Rosreestr, the final stage is carried out - payment.

You can pay for an apartment in one of the following ways:

• safe deposit box;
• cashless payments;
• bank account.

The first method is the most popular. Payment is legal and secure.

Note... When calculating, you should take a receipt from the seller about the receipt by him Money... The document is drawn up in free form and is a confirmation of payment.

State registration of the transfer of rights to an apartment

Registration of the transfer of ownership of an apartment is a mandatory component of transactions in the alienation of housing. In its absence, the sale will be considered unfulfilled, and the buyer will not become the actual owner of the apartment. But not everyone knows where to draw up a contract.

For the registration procedure, you must submit documents to Rosreestr or the Multifunctional Center. But at the same time, the registration of the sale and purchase of an apartment in the MFC is faster - within a few days.

The documents

Table 5. Documents required for registration of ownership

In what cases can be refused

The reasons for refusal can be very different. As a rule, this is a failure to present one of the required documents.

Table 6. Frequent reasons for refusal to register property rights in Rosreestr

Nuances

A purchase and sale transaction has its own nuances that should be taken into account when concluding it.

Possible risks when buying an apartment

The main risk is concluding a deal with a fraudster. In this case, the only solution is legal proceedings. However, it is not always possible for deceived buyers to defend their rights in court. Therefore, one should take into account possible risks:

1. Violation of the rights of minors... Before making a deal, you must make sure that children under 18 are not registered in the apartment. Especially if they are left without parental care.
2. Rights violation former spouses ... If the apartment was purchased by the spouses in marriage, but was privatized in favor of one of them, the other spouse has the right to live even after the sale. In this regard, there is a risk of purchasing housing with a "permanent tenant".
3. Violation of the rights of registered citizens... Encumbrances in the form of persons registered in the apartment and entitled permanent residence(those who refused to privatize, live under an annuity or testamentary contract, etc.).
4. Recognition of the seller as incompetent... If the seller is found to be legally incompetent judicial procedure, the purchase and sale transaction may be invalid.
5. Presence of heirs... If the apartment belonged to the seller on the basis of inheritance, there is a possibility that other persons may also apply for it.
6. Cheating by the seller... Fraud is not uncommon. Before signing the contract, all documents should be carefully checked.

What you should pay attention to

The transaction is as simple and safe as possible if, before concluding it, you pay attention to:

1. Seller ID... On the website of the Ministry of Internal Affairs, you can check its authenticity.
2. The reliability of the specified address. Sometimes sellers show buyers a completely different apartment than they are selling. The location of the housing must match the address indicated in the statement of Rosreestr.
3. Correspondence of data from the extract of the USRN with the title document (contract of sale, donation, etc.). The information in these documents should not differ.
4. The presence of debts. They should be absent in the purchased apartment.
5. The number of sales transactions. If the owners of the home changed too often, this may indicate a "problem" apartment, which they seek to sell soon after purchase.
6. The authenticity of the power of attorney. If the transaction is concluded by power of attorney on behalf of the seller, before its conclusion, the document should be checked with a notary.
7. Low cost of the apartment. As a rule, too low prices are not unreasonable. You shouldn't trust such "profitable" offers.

New rules for the sale of an apartment

Real estate legislation does not stand still. Every year, more and more laws are being adopted aimed at regulating the process of selling housing.

Over the past couple of years, new rules have appeared:

1. Obligatory certification of the contract by a notary when selling a share in an apartment. Until that time, the procedure was carried out at the request of the parties.
2. It is also necessary to notarize documents when dividing property in marriage (marriage contract, agreement, etc.).
3. As of January 1, 2016, a 13% tax is levied on the sale of real estate owned for less than five years. Exceptions are some of the grounds for the acquisition of housing, such as: donation, inheritance, privatization, a contract of lifelong maintenance with dependents.
4. Two procedures (cadastral registration and registration of property rights) can now be carried out simultaneously. The term is 10 days.
5. The only case of refusal to accept documents is if the identity of the applicant is not established. But if package of documents incomplete, registration will be suspended or refused.

pros

The innovations have more pluses than minuses. The legislator seeks to regulate the procedure for the sale of housing as much as possible by tightening the requirements for documents. They must be not only authentic, but also designed in accordance with the established norms. Many of them are subject to notarization.

Thanks to this, transactions have become more legally "clean", and fraudsters have less and less chances to sell their homes in an illegal way.

In addition, much attention is paid to transactions with minors. The state protects the rights of children with a vengeance, which is an undoubted plus.

Minuses

As before, the main disadvantage is the taxation of home sales. It is this condition that gives rise to many fictitious and illegally executed transactions. The situation worsened after, in January 2016, the period of ownership of the property, in which it is subject to tax, was increased to five years. These changes affected the sale and purchase agreement and did not cause approval from citizens.

Higher education. Orenburg State University(specialization: economics and management at heavy engineering enterprises).
September 19, 2017.

To sell an apartment, and not just engage in the sale process, you need to correctly determine its value. In order to sell an apartment quickly, the price is set at the level of the price of similar apartments in the region; in order to sell it very urgently, the lowest price is set on the market for proposals of a certain segment. Next, you need to carry out a set of measures to find a buyer.

1. Placement of advertisements in specialized publications. It should be published regularly, be quite noticeable in form, its content should make a potential buyer want to call, even better - come to negotiations.
2. Posting ads works quite effectively, since many in their searches in the old fashioned way are guided not by the Internet, but by bulletin boards.
3. The presence of information about your real estate in the worldwide network is required. The ad should include layout, photos, video.
4. Placing a banner on the facade of a house helps a lot in finding a profitable and real buyer.
5. Distribution of advertising booklets and leaflets.
6. The accumulated customer base is the most powerful selling tool available, rather, to specialists.

How to interest a buyer?

Finding a buyer is half the battle; it is important to be able to interest him. Sometimes the seller negotiates in such a way that it simply scares off applicants. To know how to sell an apartment, it is very important to acquire some negotiating skills. Here are some rules for effectively presenting your object of sale:

• find out the needs of the buyer, that is, exactly what is important to him;
• recognize the disadvantages of the object, turning them into advantages (for example, windows to the courtyard - you can sleep comfortably);
• under any circumstances, remain calm and confident, as well as friendly, even with incorrect comments about defects in the apartment;
• own technical and legal issues concerning your object of sale;
• discuss the impressions and opinions of the buyer, leave him presentation materials, outline further joint actions with him;
• before the start of the sale, make a decision on the independent implementation of all the listed stages or the involvement of professionals.

The main factors affecting the sale of real estate

• the owner is well prepared for the sale;
• the object is often shown to real buyers - realtors choose apartments that most often catch the eye: it is these objects that are perceived as new arrivals;
• the buyer chooses not the most suitable object in terms of parameters out of 7-10 proposed options, but the one that left the most pleasant impression on him;
• it is not enough just to present an apartment - you need to do it in such a way that the buyer has the most favorable opinion about both the apartment and the owner - the buyer should literally fall in love with your apartment.

Stages of selling an apartment yourself

How to negotiate to sell an apartment quickly and expensively? The main position of the seller in the negotiations: my apartment is the best for this buyer, he just does not know about it yet. To sell an apartment, one desire is not enough, you also need to take active steps:

• preparation for sale;
• advertising and promotion of your ad on the real estate market;
• presentation and display of your object;
• negotiations, including the price.

Preparation for sale

It is important to know not only the parameters of the object and the type in which it is located, but also the state in which the documents are located. The first is to check the documents confirming your right to this property, sometimes at the final stage, some shortcomings or lack of some papers are found. Sample list:

• sales contract or documents replacing it (court decision, privatization);
• technical certificate;
• certificate of confirmation of ownership;
• documents on marital status and consent of all owners to sell the apartment, certified by a notary;
• permission of the board of trustees (if minor co-owners of housing are registered in the apartment);
• a certificate from the housing department about the absence of arrears for the apartment;
• an extract of their house book about the registered tenants;
• Report on market value(for mortgage apartments);
• passport.

Taking into account our bureaucratic system, some documents can be prepared for six months, and not every buyer, even a real one, will want to wait until you put the documents in order. If the buyer does not refuse the deal, then the price will certainly have to yield.

Competent advertising and promotion

If you decide to master this stage yourself, you need to:

• know newspapers and magazines popular for apartment buyers;
• know the Internet resources that buyers are actively visiting;
• be able to write short ads (long ones are easier, but ineffective);
• be able to manage the demand for your object (where and with what frequency to place information so that advertising is effective). The thesis “the more, the better” does not work here: you can spend a lot on advertising and not get the expected result;
• understand the objective value of your apartment and do not create illusions. Everyone understands that it will never be possible to sell more expensive than a similar area in.
• the main resource is the time that needs to be spent on this amount of work;

Apartment presentation

If at the stage of advertising not so much depends on the seller: he posted information and waits, then at the stage of negotiations a lot can be done to speed up the sale of an apartment. First, we decide on the price in three options - minimum, acceptable and maximum. The maximum is with a reference to the real estate market, the one that you indicate in the ad, the minimum price is the one for which you can sell the apartment if it is in the state of sale for a year, the acceptable price is their arithmetic average. This is necessary for proper bargaining.

It is necessary to prepare for the presentation: conduct a rehearsal, voicing out loud the buyer's possible questions (including uncomfortable ones). Then you will feel confident in the negotiations. When a client appears, it is important to endear him to you - do not rush to talk about the apartment: say hello, get to know each other, talk for a minute on abstract topics.

Do not start your presentation until you are specifically asked to do so. The first question after that is, "Where do you want to start?" will help you find out the preferences of the buyer and guide you in the accents that need to be placed during the show. If he talks about the bedroom, his hidden interest will be rest and peace; starts from the hall - hospitality, communication, prestige, status; starts with the kitchen - homeliness, comfort; with a bath, toilet - high requirements for cleanliness; from the balcony - neighbors, space, surroundings. It is necessary to conduct an excursion with short comments, asking the buyer questions about why he is buying an apartment. Talk not about the advantages of renovation, but about what benefits - safety, comfort, convenience - the new owner of your apartment will receive.

By the way, professional brokers Numerous agencies that urgently buy out apartments are advised to equip the apartment to a minimum before selling it. Especially if you need to quickly sell an apartment in Moscow, not an elite one, but from a secondary housing stock in a normal state. Having spent substantial sums on repairs, it is unrealistic to return them when selling, so it is enough to refresh the object by re-gluing new cheap wallpaper and touching up peeling windows and doors.

Bargaining rules

First rule: never talk about the price before the presentation, even if asked about it. It is worth suggesting first to examine the "pig in a poke".

What is the name of the price? Confident and firm, no doubt about its validity. When asking questions like “how much are you ready to give up”, you need to condition the concession by linking it with some kind of requirement: “It will depend on how quickly the contract is signed, when we need to vacate the apartment, etc.”. To find out the initial position of the buyer, the counter question is also appropriate: "How much are you willing to give for this apartment?" If they are forced to name the price, designate a discount and immediately find out the price that is acceptable to the buyer. If you name the price, and the buyer did not name his, bargaining does not make sense. You need to bargain, calling a discount in the middle of the range between the initial price and the acceptable one. So each concession will be less than the previous one, without creating the illusion that bargaining can be endless. Concessions have to be made with difficulty, with long pauses, commenting on each price as final. Active discounts raise doubts such as "what is the catch here", a real buyer can be repelled by both a tough position and quick concessions.

Do not be surprised if, first of all, agents with offers of cooperation will call according to your ad. If you come across a good realtor, he, in any case, will do this job better, will tell you how to correctly take an advance payment and payment, check the money and ensure security, and generally agree on the terms of the upcoming transaction. But if you want to sell an apartment quickly and expensively (an apartment without intermediaries), you need to acquire some skills. You will have to independently draw up an agreement, arrange the transfer of money competently and safely, having agreed in the Regcenter to register the transaction. First, you need to prepare and check the legal force of the package of documents for sale, checking all possible errors.

Not only real buyers can come, but also loiters, as well as clients "with an ax" to get information on how much you will have in the near future. If a person sells an apartment, this may mean that something is happening in his life: a wedding, a divorce, the birth of a child, a funeral. By no means always in such situations it can be completely adequate for independent transactions of this level. Sometimes reputable agencies offer free and unlimited warranty service with legal assistance in case of after-sales incidents.

Having spent your energy, time and nerves, you gain invaluable experience that will help you become not only your own realtor, but, possibly, a private broker. Happy sale!

The buyer, entering the tidied up room (not necessarily renovated), understands that he was expected and is positively tuned in to the purchase.

Step # 2:

Shows of an apartment when selling without intermediaries

What we do at this stage of selling without intermediaries:

1. impressions to buyers and resellers
2. the documents

How and to whom we show
Get ready that, contrary to your wishes, intermediaries and real buyers and "tourists" will ask for views.

Buyers can first come with a realtor, and return after 5 minutes without him. You also respectfully meet them and conduct a dialogue, agree on a deposit if you agree on a price.

We are figuring out how to sell an apartment without intermediaries ( step-by-step instruction), so realtors who come to you expressing their dissatisfaction are sent to AVITO, where you posted an ad with your phone number and postscripts - "owner" and "without intermediaries."

The documents
Prepare copies of documents for the apartment, utility bills. Show that there is no debt, that you are adequate, open to dialogue and in the mood to sell.

Documents should not be handed over, just let them see (do not take pictures).

Bargain
If those who come to view call you to bargain - bargain! Let it be 10 thousand, but give it up. Having yielded in small things, you will win big - sell your apartment.

Step # 3:

Deposit

Note: the deposit agreement keeps the buyer behind you, because he will not be able to refuse the purchase just like that - he will incur financial losses.

Step-by-step instructions for the deposit:

1. determine the amount of the deposit (usually no more than 50 thousand)
2. draw up documents for a deposit - there should be three of them (you compose it correctly, otherwise it will be recognized in advance)
3. receive a deposit and not spend the money received!
4. determine the date of the trade exit

You accept the deposit regardless of where it is given to you - through an agency, or only between you and the buyer, for example, at your home.

To draw up documents for registration of a deposit, it is better to involve a competent lawyer on housing issues... Others are less suitable due to lack of practice, in most cases.

Step # 4:

Preparation of documents for the transaction

The package of documents depends on the category of the buyer and the type of settlement with you.

If the buyer pays in cash, a minimum package of documents is required. If a mortgagee, you will need an appraisal of the apartment by the bank, a certificate from the PND.

Also, the buyer can request additional information to check your apartment for "legal cleanliness".

You shouldn't resist this, because your goal is to sell your apartment!

In this case, you will have to be patient for a week or two, because there will be a marathon race through the authorities and government agencies to obtain all kinds of certificates and documents.

I promised to give you step-by-step instructions on how to sell an apartment without intermediaries, but I remind you that it is short.

More detailed instructions how and where to collect all the necessary certificates and documents, see:

• in video clips.

If you yourself cannot do without intermediaries, buy a consultation from a realtor and he will explain to you what documents and where to collect.

Step # 5:

Sale and purchase of an apartment

You need to decide how to get money from the buyer - through safe deposit box or L / C and where.

Step-by-step instructions for selling an apartment on a deal:

• check the documents collected for registration of the transaction (originals and copies)
• decide on the method and place of transfer of money
• if you transfer money through a safe deposit box, do not forget to check it for fakes
• if the apartment has been owned for less than 5 years, indicate a lower amount so that the tax amount is small
• count and double-check the bills (if through a safe deposit box)
• go to the department of Rosreest or the MFC to register the transfer of rights
• You sign the DCT in the presence of the registrar.

This completes the step-by-step instructions on how to sell an apartment without intermediaries.

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, are they all capable, how many people are registered, are there any psychologically unhealthy people among the registered convicts, are there children among the owners, can heirs challenge the ownership of the apartment, and so on.

Some of these questions disappear by themselves when the buyer studies the documents, and all the rest should be sure to ask the seller or realtor.

A preliminary sales and purchase agreement or, for example, an equity participation agreement is concluded with the seller - in a word, an agreement on the obligation to subsequently complete the main transaction, the transfer of an advance is possible. The advance payment must be transferred personally to the seller, and not to the intermediary, otherwise you can fall for the tricks of scammers.

Parties prepare the necessary package of documents, the buyer gets at his disposal the required amount of money. The completion of all other procedures is expected, for example, the completion of construction (if the apartment is purchased in a new building) or awaiting 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 purchase and sale agreement, the signing of the acceptance certificate and other documents, if necessary. Main Purchase Agreement signed by all parties involved in the transaction, in person, in the presence of each other. It will not be superfluous to re-read the paragraphs of this document again in order to avoid misunderstandings in the future.

Submission of documents for state registration rights (through a branch of the Registration Chamber or the Multifunctional Public Service Center).

Obtaining documents after the end of state registration and the final settlement of the parties.

Depending on the circumstances, the algorithm can be slightly 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 made with the participation of intermediaries (realtors).

The risks involved in buying are discussed below.

Renewal of an apartment upon purchase

How to re-register an apartment upon purchase? The first step is to take the steps outlined below.

Contact the housing office at your old place of residence and get an extract. With this document, passport, certificate of property registration, act of acceptance and transfer, you should contact the housing office at your new place of residence, conclude a new contract for the provision of utilities.

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 order military registration.

Within 7 days after moving to a new place of residence, you need to contact the office of the Federal Migration Service to change your registration. Usually, it is possible to simultaneously submit an application to change the place of permanent registration and conclude a new contract for the provision of utilities in a housing office.

Re-registration of all other personal accounts for service: 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 contact tax office for registration tax deduction within 2 million rubles, if he has not previously used it.

Where are the documents submitted?

Where to register the purchase and sale of an apartment? To do this, you must contact the relevant authorities.

Signing loan agreement for the purchase of an apartment takes place at the branch of the bank where the loan is issued.

The drawing up of the sales contract can take place in three places: at Companies House according to the sample, 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, allocation of shares, issuing loans, and so on, then the agreement can be drawn up by yourself, or you can take a sample from the Regalat. If the contract is complicated, then you need to contact a specialist.

Signing of the sales contract and the 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 settlement takes place this way and here is the place, as it is written in the contract. If it is a bank loan, then in the bank, if it is 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

It is necessary to complete the paperwork when buying an apartment:

• application for state registration of the transaction;
• a contract of purchase and sale signed by all parties and an act of acceptance and transfer;
• cadastral passport, floor plan houses, apartment explication (technical passport from BTI);
• receipt of payment of state duty;
• copies of passports of all people involved in the transaction, or copies constituent documents if a legal entity participates in the transaction;
• a notarized power of attorney, if one of the parties to the transaction is represented by his representative.

Sometimes the state registrar may request other documents that will be needed to complete the procedure:

• loan agreement with the bank;
• the consent of the owners (if a communal apartment is being sold);
• the consent of the spouse;
• birth certificates of children or documents on the establishment of paternity, permission of the guardianship and guardianship authorities (if children are involved in the transaction);
• a copy of the court decision on recognizing one of the parties to the transaction as incapacitated or restrictedly capable, and so on.

Documents can be requested at the time of application, but most often the registrar contacts the applicant at the stage of checking the legality of the transaction. It happens that errors are made in the contract or in the statement. Then they need to be reprinted or rewritten and re-signed.

Timing

The standard registration deadline if documents are submitted through Companies House is 14 days. In case the documents are submitted through the Multifunctional Center, then the period is reduced by half - 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 a statement addressed to the head of the department of the Regional Chamber with a request to speed up the registration of the transaction and indicate the reason;
• attach proof to the application: for example, a plane or train ticket on which the specified date falls earlier than the registration deadline;
• submit the application to the secretary and make sure that it is registered and gets on the chief's desk.

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 the documents, make sure that he has a building permit, that he rented or acquired land under a new building for legal grounds 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, you need to draw up a preliminary contract of sale, in which you need to fully describe the subject of sale (apartment), provide the passport details of the seller and the buyer, exact amount 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 includes the data not 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 to indicate more low price, than the one actually transmitted. This is usually done to avoid paying taxes. The buyer's business is whether to agree to this offer. After all, if the situation is not 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 documents for the apartment and the words of the seller or realtors. The apartment can be checked by sending a request to Rosreestr or bureau technical inventory (BTI). Particular attention should be paid to the correct execution of all documents if:

• among the owners - children under 18, incapacitated, in places of detention, missing;
• the apartment is on bail or under arrest;
• the apartment was purchased by maternity capital;
• the apartment has been redeveloped (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 buying an apartment is seemingly simple, but it hides a lot of pitfalls. If you prepare the documents correctly and consult with specialists, you can avoid most of the difficulties.

And if it comes to litigation with the seller or registrar, who on unlawful grounds refuses to fulfill his 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 and purchase of residential premises. Contract equity participation is an independent contract and has nothing to do with the sale and purchase. The law clearly distinguishes between these two types of contracts.

The subject of sale and purchase is the transfer to the buyer of a certain (existing) apartment which has an address, cadastral number, the exact area.
The subject of the equity participation agreement is the investment (investment) of funds in share building(often the object does not yet exist as such). In this case, the apartment is transferred after putting the house into operation, obtaining 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 "Buying an apartment: registration of the transaction"

Registration of the purchase of an apartment, i.e. of the purchase and sale agreement ends with the moment of 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 the purchase and sale agreement entails the recognition of the transaction as not concluded.

That is, the transaction legally, no matter how it existed (it is good to make a link here to an article explaining how invalid and unconcluded transactions differ. Many people constantly confuse them).

Section "Buying an apartment: registration of the transaction"

What about the constitutional right to have a representative? Almost any contract (for example, except for the marriage contract) 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 agreement 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:

1. in the offices of Rosreestr;
2. through the field service of Rosreestr.

Section "Nuances"

The author writes: "When transferring the deposit, you need to draw up a preliminary sales contract, in which you need to fully describe the subject of sale (apartment), provide the passport details 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 payment, it is not necessary to draw up a preliminary contract, you can immediately sign a sales contract.

It is important that the essential conditions are spelled out in the contract:

1. data to definitely establish real estate to be transferred to the buyer;
2. data defining the location of real estate on the corresponding land plot or as part of other real estate;
3. the price for the sold property;
4. 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 after its purchase 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 item is especially relevant if a share is sold, i.e. part of a dwelling).

With absence essential conditions in the agreement, this agreement is considered not concluded, because it is not agreed by the parties.