Is it possible to sell a non-privatized apartment? Preliminary contract for the sale of apartments

Many people with municipal housing often have a question about whether it is possible to sell a non-privatized apartment in order to improve their housing conditions. The law clearly states that individuals do not have the right to make sales transactions with real estate that has not been privatized. If at one time a person did not take advantage of the right to privatize social housing, now he can redeem this right. This operation is usually carried out in the event that privatized housing is exchanged for non-privatized regardless of its location.

How it's done?

It looks quite definitely. Anyone who has a non-privatized flat or a share in a communal apartment can find a suitable buyer who either needs a living space in another city, or he is ready to exchange it for the right housing. When this procedure is carried out, the seller can register in the apartment where he wishes to live. At the moment, some firms specialize precisely in such transactions. They have a house in another city, through the apartments in which the operations of exchange are made.

Naturally, this type of transaction has "pitfalls", and they often spark disputes about legitimacy or illegitimacy. However, as a result, the seller's profit is obvious, since he sells a home that does not belong to him. The only drawback is that the fact of money transfer will not be specified anywhere. And this attracts special attention from scammers who want to take advantage of this situation.

Safety regulations

As in any other real estate transaction, in this case it is required to be extremely cautious. And not to fall into the clutches of swindlers, you need to carefully read all the documents that you sign, as well as remember that the contract of exchange can be invalidated within a year after it was concluded. If you understand that you are a victim of deception, then you need to contact the police as soon as possible. If a firm that deals with such transactions is in good faith, it will not allow such a situation, since the seller will be given money for the apartment after it has been registered on the living space that was envisaged for him from the very beginning of the transaction.

The second way out of the situation

If you answer the question "can I sell a non-privatized apartment," it is worth noting that there is another option for how to proceed if there is such a need. First you need to find a potential buyer for your property.

Can find out if there is an opportunity to privatize your housing. It should be remembered that such objects as apartments in military camps, special purpose houses, in houses with current capital repairs, social housing, as well as rooms in hostels are not subject to privatization. If your dwelling does not apply to any of the named species, you can collect a package of documents for privatization. It:

- certificate of the composition of the family and living quarters;

- certificate of accrued residential quota;

- Passports;

- Checks "Housing";

- birth certificates for children who are not yet 18 years old;

- documents indicating the existence of certain benefits.

If we even talk about whether it is possible to sell a non-privatized apartment, then it should be noted that with the listed documents you will need to report to the district administration with the whole family. Here you will need to fill out an application that all family members must sign. It will be considered within one month. In the presence of a notary, a privatization contract is drawn up. Once it is recognized by the state, the apartment will be privatized.

How to deal with the buyer?

In the described situation it is necessary to say that the buyer should be aware of the fact that the apartment is not privatized. Often, if a potential buyer is interested in acquiring this particular housing, he is ready to deposit a deposit that you will need to complete all necessary documents. The contract of deposit is best notarized. Of course, in this case, the cost of the apartment will be slightly lower than what would have been if it had already been privatized. From the buyer you receive a deposit, after that you will be issued the right to sell the apartment, and then you can sell it.

The third option

If we continue to understand the question of whether it is possible to sell a non-privatized apartment, then it is worth mentioning one more option. You can sign a contract of social hiring for real estate, which you have at your disposal, on the buyer. To do this, you must first agree with him, and then you can register him in your apartment in accordance with the contract of social hiring. After you receive the agreed amount between you, you can leave the apartment. Further, the buyer has the opportunity to formalize the contract of social hiring for housing in his name, and then privatize it in the property.

What rights do you get after privatization?

After privatization, you, as an owner, have the right to sell an apartment. What documents are needed for this, you will be prompted by a notary with whom you will work when concluding the contract and completing the transaction. Typically, the underlying securities include: a technical passport for the property; Document with the mark of BTI; Certificate from the housing office (form number 3) on the composition of registered people in the apartment; A certificate of registration of ownership (an extract from the Register) for real estate; A document confirming the absence of debts for the use of public services, your passport and ID. You can not only sell a home, but also exchange it.

If you want to sell an apartment in the shortest possible time, then you should contact the agency. Specialists will not only help you in finding a buyer, but also help you save time considerably. If you do not have time to collect the certificates for privatization, then you will be helped to make an exchange for buffer housing, they will also prompt you if you need any documents for this. You can sell the apartment after you become the owner. You exchange your home for a buffer, that is, an apartment owned by the firm. From you and the buyer to the state organization will need to file an application for an exchange, and then wait for permission. When you receive it, the buyer will dispose of your apartment. You should not be afraid of such transactions, since it is not only safe, but also quite profitable.

If you are concerned about how to divide a non-privatized apartment, it is worth noting that the new legislation prohibits this. Under this concept was meant the division of personal accounts in it. Now you can only exchange a non-privatized apartment for two others having the same status.

Features of contracts

Quite often, citizens who are going to buy housing are afraid of its double sale and fraud on the part of the seller. It is for such people in the Russian practice was introduced a preliminary contract for the sale of apartments. He gives to both parties of the transaction quite certain rights. This is a kind of commitment that in the future, the parties will make a deal, and also allows to eliminate the increase in the value of the property and preserve its original appearance without impairing the transferred property in the future. But sometimes the preliminary contract of sale of an apartment contains conditions that create certain nuances of the transaction. Therefore, when it is drafted and concluded, you must be extremely attentive.

Contents of the preliminary contract of sale

This document contains a complete list of necessary conditions for the future drafting of the main contract. The specified document must necessarily contain the time in which the parties must purchase the apartment purchase transaction, the amount of money that the buyer makes as a deposit or advance. Also, in the preliminary contract can indicate the state of the object, furniture, which is transmitted together with the apartment. In this case, the seller assumes certain obligations, from which he is not entitled to refuse in the future, when the contract of sale of an apartment will be concluded. Documents in this case are designed to bring one of the parties to justice if it evades the transaction. Losses resulting from this can be levied in court.

Pitfalls on sale

So, now that you know if you can sell a non-privatized apartment. It is worth mentioning those pitfalls that are often encountered in such situations. The risk is in any case of selling a non-privatized apartment. The main factor here is fraud on the part of the agency or the buyer. For example, you may encounter the fact that after your discharge from the apartment you will not be paid the proper money. Or the agency simply does not want to buy back the buffer apartment. You must first carefully check the reputation of the person and firm with whom you want to cooperate.

The buyer's interests will also suffer under the "buffer" scheme, since if his right to privatization has already been used, he will not become the owner of the new apartment, but simply remain in it a tenant.

On the side of the law lies another danger. Someone from the interested persons can quite bring an action in court on the invalidity of the transaction. Formally, there will be all the grounds: theoretically, such a sale may well be viewed as an imaginary or feigned deal. And it is rather difficult to predict the outcome of a lawsuit.

Instead of concluding

And if you are thinking about how to sell an apartment with minors, then there are even more problems and questions for you, since you have to prove that these people will live where in the future. That is why the most correct option would be the privatization of housing, even if you have already agreed with the buyer and received a deposit from him. When you commit each step, you need to carefully document everything, which will help you avoid many problems.