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How do I place an apartment for sale? Required documents, deposit, registration

Buying an apartment is a very, very responsible process. Everyone who has made up his mind is obliged to pay close attention to the procedure. Under the process of buying and selling means the transition from one owner to another property right by monetary calculation.

How to make an apartment for sale in accordance with all the rules

So, what does the procedure for buying a property consist of? Choosing a housing option, you need to check the seller's documents. If there is a lack of own experience, it is best to contact a notary or a lawyer. In addition, it is necessary to assess the acquired property. This can be done both by himself and by using the services of realtors.

Before you complete the purchase of an apartment, it is very important to trace the history of the purchased housing - who and when it was registered in it, under what circumstances the ownership passed. This is done in order to get rid of potentially dubious moments.

It is very important to carefully examine the list of those who are registered in the apartment at the moment. People can quite live in another place, but at the same time be registered on the living space that is being sold. The behavior of the person from whom you acquire real estate should be given the closest attention. The owner of the residential property should be at least adequate, calm and without embellishment to describe the advantages and disadvantages of the housing being sold. In his behavior should not be traced oddities and suspicious moments.

If there are certain doubts, it is necessary to clarify the legal capacity of the latter. If you do not do it on time, the sale transaction can subsequently be challenged in court. Such surprises you, of course, to anything.

Check everything carefully!

The same applies to other owners - usually the owner's relatives. In regard to each of them you need to find out exactly how the property turned out to be in the property. Let's say the apartment was taken by will. In this case, there may be trouble in the form of unexpectedly arisen other applicants for the bequested apartment. Legal proceedings with them can greatly delay and complicate the process of buying and selling, and even completely disrupt the deal.

The same rules apply also in the event that there is a sale and purchase of a share in the apartment.

If someone from the owners of a sold apartment has the rights to this property through the court, it is necessary to clarify whether it is possible in this case to challenge the court decision. One of the most serious factors is the presence of minors registered in the apartment. This moment is very important. After all, it is impossible to sell the living space on which the child is registered without the consent of the guardianship authority. To get reliable information, it is best to send a request to the appropriate authority.

Completion of the preparatory phase

For the procedure of signing the necessary documents, all participants in the transaction must be in place and available on any day. The procedure will be delayed if one of the owners is temporarily absent. Even worse, if it is put on the wanted list or it takes time in places of deprivation of liberty. In this case, the sale-purchase transaction is more inexpedient.

The completion of the procedure for checking the apartment for legal purity will be the submission of a request to the municipal services, which include the housing office and BTI. This is necessary to clarify the prospects of your property for the future in the eyes of utilities. After all, it is quite possible that the house is planned for demolition, or a certain development will be carried out on a directly approximate territory.

Having collected all the necessary information and having made sure of the legality of the documents, it is possible to finally determine whether to agree or not on this option. Before signing the act of buying and selling an apartment, reliable information about the owner can be clarified by submitting a request to the EGRP.

Conducting the transaction correctly

The contract of sale is a key document in the process of buying any real estate. The current legislation regulates its legal assurance. This is done in a notary's office or in a realtor agency. In the same place, if necessary, you will be provided with a contract form (sample) for the purchase of an apartment. The Civil Code of the Russian Federation (its Article 550) allows for the independent registration of such a document. In this case, it should pay attention to the presence of all the mandatory items.

These include: a description of the housing being sold, the price, the list of parties involved in the transaction, the order in which the funds are to be transferred, and a list of those who are entitled to use the property. The last point needs to be clarified in the case when the owners of the future apartment are several.

What documents are to be collected before you buy a flat? First of all, this is a general passport. When the buyer is married and the marriage is officially registered, a marriage certificate and the second husband's passport must be presented, as well as the consent of the buyer for the conclusion of the transaction. Article 35 of the Family Code of the Russian Federation states that a spouse or spouse must be informed of the intention of buying a home. In the absence of their legally agreed consent, the apartment sale transaction can be canceled through the court.

If the living space is made out to the owner who has not reached the age of majority, a birth certificate is provided.

Registration of the contract of sale of an apartment

Having compiled the text of the treaty, both sides carefully study it, checking for all the necessary conditions. Then the buyer and the seller sign the contract in the registering authority in accordance with Article 558 of the Civil Code of the Russian Federation. Signing is performed in the presence of an authorized registrar. It is from this moment on that the contract is concluded.

A certain amount of state duty is paid for signing it into the budget. Funds are paid by both parties. In addition to the contract, a transfer certificate must be drawn up. Its signing and entry into force can occur only if the entire amount of obligations prescribed in the contract is discharged. Well, at the last stage, finally, there is a registration of the contract of sale of the apartment, indicating the transfer of ownership of this property.

To arrange it, you should choose the following list of documents: application for the transfer from the seller to the buyer of the property right, the apartment purchase agreement itself, the receipt of payment of the fee, the cadastral plan and the technical passport for the apartment. In addition, you will need passports of both the seller and the buyer and extracts from the home book of the apartment owner.

If the purchase procedure is formalized according to all rules, then upon its completion, the buyer will have the following documents in his hands: a copy of the direct contract of sale, a transfer certificate and a document on the transfer to the new owner of the property right.

Acquisition of housing for mortgages

Buying an apartment can occur by registering a mortgage. In this case, the main package of documents should contain, in addition to the above, an expert opinion on the market value of real estate, a document recording the encumbrance, an insurance contract for an apartment. How do I place an apartment in this case? The difference is only in the presence in the text of the main contract of certain conditions, the observance of which is regulated by law.

Most often this refers to the circumstances and timing of the transfer of real estate. An item on keeping a dwelling in one form or another is possible. Force majeure circumstances must be specified directly by the participants.

The duty of the seller is to provide the buyer with information about third parties from whom claims for ownership are possible. When the contract is concluded, the buyer is deprived of the right to refuse the transaction without a good reason. In the stipulated terms, the settlement for the purchased living space should be made. If the buyer refuses to pay the amount of cash specified in the contract, the seller has the right to raise the issue of non-compliance with the terms of the contract.

On the pros and cons

What are the advantages and disadvantages of concluding this agreement? The main advantage is the possibility of notarization and legislative support. If any of the conditions, obligations and terms of any of the parties are violated, the other party has the legal right to demand the execution of the clauses in accordance with the established procedure.

If circumstances arise that are not stipulated by the clauses of the contract, the presentation of the relevant requirements is possible within a three-year period from the moment of the procedure for execution and certification by the signatures of the purchase and sale act. During the year, the buyer has the right to file a claim with the court in the event of dissatisfaction with the basic requirements.

The main drawback of this document is its ability to challenge its reality. This occurs when the registration or violation of legal requirements for the conclusion of a transaction is incorrect. The procedure for challenging is made through a court. This can be done on the initiative of both the buyer and the seller.

Do you need an agent?

Is it worth it or not to apply for buying an apartment in a real estate agency? Its employees for their services in selecting the option of buying, collecting the necessary documents and legalizing the transaction will take from you a certain percentage, usually amounting to an impressive amount of money. But I think that it is in this case that the economy is inappropriate. After all, real estate agencies work professionals who specialize in this industry. They always have a typical apartment purchase and sale form, made up taking into account all the subtleties.

As you know, it is easy for an ignorant person to get into a mess without knowing certain nuances. Suppose, at the time of purchase, the issue is "settled" with all those registered at the given dwelling. But earlier in the apartment there could be a person who is serving a prison sentence at the time of the transaction. For the period of the sentence, such a tenant should be automatically discharged. But on his return, he can use his right to reside in this living space, which he will challenge through the court.

For those who still decided to act independently, we provide a preliminary contract for the sale of an apartment, a sample of which is mandatory from any notary or real estate agency.

Transfer of money

Cash in the calculation is best transferred in the presence of a notary or reliable witnesses. Then, in the event of any complications, they will be able to confirm the fact of such a transfer. The most reliable and safe option for settlements in transactions is the use of bank services. In this case, the sum of money is recounted in the presence of the bank representative, sealed with the signatures of all parties and stored in the banking cell until all points of the contract are fulfilled.

If you still decide to resort to the services of a notary, it is better to choose his candidacy yourself, and not to agree to the offered by the seller. In addition, do not forget to carefully check the documents of ownership of the property, if the seller has owned it for less than six months.

Buying an apartment for sale is a deposit

Now let's talk about such a concept as a deposit. Under it is understood the sum of money transferred to the seller by the buyer as proof of the seriousness of intentions in the acquisition of housing. Having received the deposit, the seller undertakes to abstain for a certain period from selling this property to third parties.

The meaning of the deposit is to guarantee the success of the transaction and to consolidate the intentions of the parties. In the final settlement, the deposit must be officially credited as part of the total cost of housing.

The contract of deposit (a preliminary contract for the sale of an apartment), an example of which, although not legally approved, is drawn up, nevertheless, in compliance with all legal subtleties, only then it will have the force of law. If such an agreement is formalized, and the deposit is transferred, it becomes the buyer's responsibility to purchase this housing. If the alternative is preferred, he loses the entire amount of the deposit that remains at the disposal of the seller. If after receiving the seller's change of mind to bring the deal to the end, he is obliged to return the deposit amount, as a rule, in a double amount. But this circumstance must necessarily be spelled out in the draft agreement.

The usual return of the deposit amount is possible in case of impossibility for one of the parties to participate in the transaction for a reasonably good reason (a sharp drop in the financial situation, the occurrence of any force majeure circumstances). There is a procedure for such a return only by mutual agreement of the parties.

On the subtleties of design

How to make a deposit agreement correctly? It must necessarily concern everyone who is among the owners of the apartment being sold. It is also desirable to designate all buyers, but the contract can be drawn up with one of them. Mandatory mention is given of passport data, full name. All mentioned with addresses of residence, brief description of the apartment.

If you neglect the correct legal drafting of such a contract and limit yourself to a regular receipt, there may be further complications when trying to assert the violated rights in court. The buyer, in the event of a seller's refusal to sell an apartment, may lose the deposit paid. For example, it is possible to present a medical certificate from the relatives of the seller about the inadequate state of the fact at the time of receiving money and issuing a receipt. In this extreme case, even the court is powerless.

Do not forget about the receipt

When signing a contract and transferring a certain amount of money as a deposit, a receipt must be drawn up about the transfer and receipt of money. Make it a seller in the presence of a buyer. Such a document is written exclusively with a ballpoint pen (not with a pencil and not with helium paste) and only by hand, since in case of judicial challenge the examination will be able to identify the handwriting of the writer.

The receipt must necessarily contain in its table of contents a reference to the concluded contract of sale of an apartment with the number and date of signing. It must include the data of the passports of both parties and the date of its registration. The deposit amount is indicated in figures and mandatory in words. Certainly, it is necessary to indicate that the transferred amount has the status of a deposit, and not of anything else.

In the receipt, in addition, there should be a brief description of the property with indication of the data on ownership. The signature of the seller in the receipt must correspond to that in the passport. If you decide to print it out and not draw it by hand, it is very desirable notarization.

When receiving the receipt, the money should be transferred to the seller in the presence of witnesses. The transferor should request the receiver to recalculate the notes and confirm the existence of the said amount and the absence of their own claims.

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