How to sell an apartment on your own? Tax for the sold apartment. Real estate for sale without intermediaries

Is it possible to sell real estate without intermediaries?In order to answer this question, it is necessary to understand the reasons why property owners apply to them. Resorting to the services of agencies, many people mistakenly believe that it assumes all responsibility for the apartment purchased with its help. This reason for seeking intermediary services does not make sense. In accordance with the law, the seller and the buyer enter into a contract of sale, and the real estate bureau is simply an intermediary. It does not bear any legal and financial responsibility. This is necessarily stipulated in the service agreement between the client and the agency. At best, it will be able to represent the interests of the seller in legal proceedings.

Many use the services of intermediaries toavoid unforeseen situations or scammers. Knowing how to independently sell an apartment, namely all the threats and subtleties at each stage of the transaction, you can maximally protect yourself and do without the help of the agency.

The realtor does the hard work, thereforehigh professional fee. But a large percentage of people willing to make an effort and save money, still resorts to the services of intermediaries. There is one reason - they do not know how to sell an apartment without a realtor. After reviewing all the stages of the procedure for buying an apartment, you can safely do without intermediary services.

First steps: how to evaluate, put up for sale and organize apartment viewing

How to sell an apartment yourself and where to start? Prior to the transaction, you must pass the first three steps in the sale of any property:

1. First of all, you need to correctly set the price foran apartment. To do this, you need to examine similar offers for real estate. With the help of advertising newspapers, the Internet to find ads for the sale of apartments in the same area of ​​the city with approximately similar parameters: state, area, location, and others. You can call several similar options and clarify in more detail all the details, as well as ask how long the apartment is for sale. Forming value, it should be noted that the buyer can bargain. Typically, bargaining is up to 5% of the desired price.
2. By setting the approximate cost of the apartment,should attract the attention of as many potential buyers. It is necessary to place an ad in popular advertising publications, free newspapers, place it on Internet pages and post it on special boards with information. Advertising should briefly contain all data about the apartment and phone for contact. So that potential buyers do not call around the clock, you can specify a specific time for calls. The ad must be updated as often as possible.
3. All sellers, and especially women who are interested in how to sell the apartment itself, will be helpful advice at this stage. Buyers should be approached with caution:

• appoint appointments in the daytime, better on a day off;
• to be in a meeting preferably together with someone familiar;
• remove valuables and money from prominent places;
• never show the original documents before the transaction, only photocopies.

Receiving a deposit

No need to rush to remove ads for sale,suddenly a person changes his mind, and the seller loses a potential customer. Having agreed on the price, it is necessary to offer the buyer to make an advance payment. Those who are self-employed and are exploring how to sell an apartment without a realtor, you need to know - legally this point can be arranged in different ways: write an advance agreement (receipt of an advance) or draw up a preliminary agreement on the deposit. For convenience and safety, a complete description of the object to be sold and the terms of the advance payment must be made in this sale contract. Then in case of refusal from the transaction, the buyer will be obliged to refund also the penalties.

How is the contract of sale?

The main step in this process is rightdraw up a contract of sale, which should be ready 2-3 days before the appointed time of the transaction. The form of this document is chosen: notarized or simple written (PPF). Both types of design have the same legal force. However, those who are studying how to independently sell an apartment in a mortgage, you should know that in this case, according to the legislation, the form of the contract should only be notarized.

Drafting an agreement PPF - more economical and worthabout 50-70 dollars. With the notarial form of the document, the notary takes an additional percentage of the sale amount. Of course, the cost of this type of registration will be much more expensive, so unnecessarily you should not choose the notarial form of the contract and spend extra money.

You can make a PPF contract yourself or ask a lawyer for help. In any case, you need to carefully examine the contract of sale of real estate and carefully check each of its points:

• who sells to whom (full name and passport details);
• the address and full compliance of the main parameters prescribed in the contract with the certificates BTI - f № 11A and f № 22A;
• terms of sale, apartment price and form of settlement;
• the correctness of the title documents described in the contract;
• time for the release of the apartment and discharge from it the registered persons, as a rule, is 14 days

Registration of the contract of sale

The most convenient and secure method of settlement isThis is a bank cell. It is advisable to open it in a reliable bank located in neutral territory. A bank box will be a guarantee that the seller will receive his money immediately after completing all the necessary documents.

After the money is placed in the bankIt is necessary to submit for registration to the Federal State Registration Service (FSGRKK) already a contract of sale of real estate with signatures and such documents:

• the title document for the apartment being sold (the contract of sale, certificate of inheritance, as well as any other, confirming the rights of the owner);
• the cadastral passport of the apartment, obtained from BTI specialists;
• a copy of the financial and personal account (AKC) in the original and an extract from the house register;
• the original of the certificates F № 22A (required) and F № 11A (if necessary), received in the BTI;
• photocopies of passports of all participants in the transaction;
• for women studying how to sell the apartment itself, you should know that the consent of the husband is required, prescribed in the apartment, and for the man - the consent of the wife;
• if there are children, in some cases permission of the guardianship is required;
• in the case when the apartment is communal, the neighbors (if they own other rooms) or the city (if the remaining rooms are not privatized) are required
• other documents are at the discretion of the registration officer (birth, death, and other certificates).

If the registrar accepted the documents, then alldecorated correctly. This officer will give a receipt for the receipt of documents and set a time when you need to pick up. As a rule, documents are registered with the FGRKK on average for two weeks, then the registered purchase and sale document is issued to the buyer and the seller. Both parties should carefully check the received agreement for typos and errors. If all is well, then the seller needs to get the key to the bank box from the buyer.

Why do we need a deed of conveyance?

The release of the apartment takes place in accordance withagreements stipulated in the contract of sale. The deed of transfer is an important document that is drawn up during the transaction in any form. It details the condition of the apartment. Sometimes the contract of sale replaces it, but still it is better to make such paper separately. You can, of course, reach verbal agreements, but it is wiser to secure yourself. An important point for sellers who study how to sell an apartment without a realtor: until the transfer act is signed, the seller is responsible for the physical condition of the apartment (flood, fire, theft), and also pays all utilities.

In what cases is the tax paid?

All sellers are interested in the question of whether to pay tax on the apartment sold. There are such important points in the legislation:

• если человек имел во владении квартиру 3 года или more, when selling it, the owner is exempt from taxation in accordance with clause 17.1 of Article 217 of the Tax Code of the Russian Federation, but is still obliged to file a zero tax return;
• when the seller has owned a home for less than 3 years, he, according to clause 1 of Article 220 of the Tax Code, is obliged to pay 13% tax on the amount, the calculation of which the owner chooses at his discretion.

Two formulas for tax calculation:

• Formula 1: from the profit for the sale of an apartment subtract the cost of its acquisition;
• formula 2: from the amount for the sale of an apartment to take away 1 million rubles.

Those who deal with the question “how to sell an apartment independently” and do not know all the subtleties of the legislation will find some useful information useful:

1. Если квартира была приобретена по цене текущей sales or higher, it is better to use the first calculation formula, since the tax amount will be negative, which means you do not need to pay anything. For example, the owner bought an apartment two years ago for 2 million rubles, and now sold it for 1.8 million rubles, then according to the formula, 1.8 million rubles. - 2 million rubles. = -0.2 million rubles. - tax loss is not paid.
2. When the apartment has got almost nothing (inherited, gift), it is wiser to take into account the second formula.
3. According to paragraph 1 of Article 229 of the Tax Code of the Russian Federation to fileIn any case, the tax declaration at the place of registration of the seller is necessary until April 30 of the year following the year of sale. The calculated non-zero tax must be paid before July 15.

Sale of apartment by proxy

With a lack of time for the laborious processhome sales often make out a power of attorney. For example, it will be a reasonable solution in the case when several owners own one property. The sale of apartments in this case is carried out in the following way: all owners register for one, less busy person all the matters connected with the transaction. Regardless of the reason for drafting a power of attorney, there is a very important point: to avoid trouble and not be left without shelter, it is necessary to clearly indicate the powers of the trustee.

Very seriously and vigilantly need to approachpower of attorney. It allows the trustee to make any kind of property transactions and dispose of it at its discretion, for example, to sell it and get yourself money. The general power of attorney is issued by a notary only after a careful check of the principal regarding the fact that he is aware of the purpose of signing such an important type of document.

There are cases when the buyer wantsinsure and requires that a clause confirming the transaction by the owner of the property be included in the sales contract. Then it is possible to sell the apartment by proxy only after the declaration of the principal written by the notary about the validity of the sale operation.

In the case when the need to usethe services of a trustee have ceased to be relevant, the power of attorney can be withdrawn even before the expiration date. Data on the revocation of the power of attorney is recorded in the information database of the Notary Chamber.

Sale of the apartment in which the child lives

Almost every family has children.Therefore, the question for parents-sellers is very relevant: "And in this case, how to sell an apartment?" You must reckon with the child and in no way infringe upon his interests, otherwise the sale of housing will be problematic. For this watch the guardianship. The procedure for the sale and purchase is of two types: the child is registered in the apartment or is the owner of the share of housing.

According to the provisions of Art.26, 28 of the Civil Code of the Russian Federation juvenile and underage children only with the consent of their legal representatives have the opportunity to make a strictly agreed circle of transactions, including those involving real estate. It is possible to sell housing in which the minor is registered, but is not the owner, without the permission of the guardianship authorities. The exceptions are children deprived of parental care or under care. In this situation, a special permit custodial services required. In any case, before selling an apartment, you need to find a new place of registration for the child, since children, when discharged from one place of residence, must immediately be registered differently. In this new housing should be with the same or greater area and with similar living conditions. If the rights of the minor were not infringed upon, then there will be no problems with the sale of the apartment.

If the child is the owner of a part of the apartment, thenappropriate consent of the guardianship and wardship authorities is mandatory. This must be taken care of in advance of the sale of housing. It is necessary to contact the guardianship organization at the place of registration of the minor child and find out if it is possible to sell the apartment at all, depending on the particular circumstances of the case. If the transaction is prescribed by law, then you need to find out in what time the permission to sell will be ready, and start collecting the necessary certificates. Then, when drawing up a sales document, the seller without a child (if he is younger than 14 years old) or with him (when he is over 14 years old) comes to the guardianship and wards to fill out and sign the application. The second guardian (spouse, even if the couple is divorced) must also be present and give consent. Then on the appointed day, you can get ready permission.

Exceptional cases:

• If you plan to relocate in connection withmoving to another locality, the transaction is possible only with the permission of the guardian organization, and the amount received for the apartment is transferred to the bank account of the minor. Parents are given 3 months from the date of sale for the purchase of new housing and registration of a similar share in the property of the child. Otherwise, the guardianship reserves the right to cancel the contract of sale.
• When moving to permanent residence outside the country, you must submit to the guardian organization a list of certain documents received from OVIR.
• If a new home is being built, then to getconsent of the guardianship authorities it should be at the final stage of construction. A minor must be temporarily registered somewhere (with friends, relatives). When applying for a permit, a contract with a development company is brought to the guardian organization, which reflects the child’s equity participation.

Options for the sale of privatized apartments

The easiest option to sell privatizedhousing - to sell it entirely to one buyer, and divide the profit in accordance with the share of each. It is also possible that one of the owners buys back all the other shares from other owners. Everything is simple, and the standard transaction scheme. But it often happens that one of the owners refuses to sell. How to sell a privatized apartment in this case? It all depends on how the property is divided.

Если квартира разделена на части по метражу, то you must first write a notarial sale notice stating the size and the desired value of your selling space and send it by registered mail to the other owners. In accordance with Art. 250 of the Civil Code of the Russian Federation they have an advantage over other buyers. If within 30 days the other owners did not respond with the consent or refusal to purchase, then under Art. 250 of the Civil Code of the Russian Federation, you can use your right and sell a share in a joint apartment to any other person.

When an apartment is divided as a percentage, it is impossible to sell it without the wishes of the others, but you can receive money for your share either voluntarily or by force, by going to court.

If there is a minor child’s share in the privatized housing, then you can sell the apartment upon receiving permission from the custodial authorities.

Sale of the donated apartment

Человек, у которого есть свидетельство дарения, may dispose of the property at its discretion. If the owner wants to sell the donated apartment, in which he is the only owner, then the sale follows the general standard scheme. Having received money for real estate, the seller must pay tax. How to properly and profitably choose the tax formula, we have discussed above.

When a share of an apartment is received as a gift, which is divided as a percentage or by the meter, the sale scheme is similar to that described in the section “Options for selling a privatized apartment”.

Sale of apartments in the mortgage

Despite some of the obstacles that accompany mortgage property transactions, selling an apartment in a mortgage is real. To carry out this operation in several ways:

1. Prematurely close the loan by repaying it with your own savings or, if the buyer agrees, with the advance payment received from it.
2. Можно продать квартиру без предварительного repayment of credit debt. To do this, you must write an application to the bank and wait for consent. He can refuse if the sale occurs during the moratorium on the early closing of the loan. If the bank agrees, but insists on its participation in the transaction, then it opens two bank cells: the first is the buyer put the amount of loan repayment, the second - the remaining difference. After removal of the housing purchase transaction is executed. In this case, even when selling an apartment without a realtor, you will have to pay the bank a commission for opening cells and supporting the transaction.
3. If the lender agrees to sell withoutpreliminary repayment of the loan debt and agree not to participate in the transaction, you must enter into a preliminary document of sale. Then, having paid for the loan with money received from the buyer, the owner receives documents for lifting the ban and goes to the registration chamber. Next, the seller completes the transaction at the notary.
4. You can sell an apartment with a loan.The buyer must submit to the bank all the necessary documents confirming his solvency, and he is already deciding on the option of replacing the borrower. With a positive decision, the property rights are reissued, the property remains in the mortgage, and the seller receives the difference between the cost of the apartment sold and the remaining debt without the participation of the lender.

Conclusion

It turns out that different apartments:privatized, the one whose owner is a child, mortgage, donated can be sold without the help of a realtor, knowing all the steps involved in conducting a transaction from setting a price to receiving a sum of money. Having an idea of ​​the dangers and intricacies of this process and putting a lot of effort and time to the deal, you can sell your apartment yourself.