Buying an apartment is a very, very process.responsible. Everyone who decided on it is obliged to pay close attention to the procedure. Under the process of sale and sale is the transition from one owner to another property rights through monetary settlement.
How to arrange the sale of the apartment in all the rules
So, what does the purchase procedure consist of?real estate? Choosing a housing option, you must check the documents of the seller. With a lack of personal experience, it is best to contact a notary or a lawyer. In addition, you should evaluate the acquired property. This can be done both by yourself and by resorting to the services of realtors.
Before making a purchase and sale of an apartment,it is very important to trace the history of the purchased housing - who registered it and when, under what circumstances it passed the right of ownership. This is done in order to get rid of potentially dubious moments.
It is very important to carefully review the list of thoseregistered in the apartment at the moment. People may 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 residential property must be at least adequate, calmly 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 certain doubts arise,clarify the capacity of the latter. If you do not do it on time, the sale may subsequently be challenged in court. Such surprises you, of course, to anything.
Check everything carefully!
The same applies to other owners -usually relatives of the owner. For each of them, you need to find out exactly how the property turned into property. For example, the apartment went under the will. In this case, there may be trouble in the form of unexpectedly arisen other applicants for the bequeathed apartment. Legal proceedings with them are capable of greatly delaying and complicating the process of buying and selling, or even frustrating a deal.
The same rules also apply if the purchase and sale of a share in an apartment is to take place.
If someone from the owners soldthe apartments got the right to this property through the court; you should definitely 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 documentsAll participants in the transaction must be in place and available on any given day. The procedure will be delayed if one of the owners is temporarily absent. Even worse, if he is wanted, or while away the time in places of detention. In this case, the sale transaction is rather impractical.
The completion of the procedure for checking the apartmentlegal purity will be the submission of a request to public utilities, which include the housing office and BTI. This is necessary to clarify the future prospects of your property in the eyes of utilities. After all, it is quite possible that the house is being planned for demolition, or a certain building will be made on the directly approximate territory.
Having collected all the necessary information and making surethe legality of the presented documents, you can already finally decide whether or not to agree to this option. Before you sign the act of sale of an apartment, reliable information about the owner can be clarified by submitting a request to the USRR.
We carry out the transaction correctly
Sales contract - a key document inthe process of buying any real estate. The current legislation governs its legal certification. This is done in a notary office or in a real estate agency. In the same place, in case of need, you will be provided with a contract form (sample) for the sale of an apartment. The Civil Code of the Russian Federation (its article 550) permits independent execution of such a document. In this case, its components should pay attention to the presence of all mandatory items.
These include:the description of the property being sold, the price, the list of parties involved in the transaction, the order in which the funds are to be transferred, as well as the list of those persons who receive the right to use this property. The last point should be clarified in the case when there are several owners of the future apartment.
What documents to collect beforeto arrange the sale of the apartment? First of all, it is a civil passport. When the buyer is married (married), and the marriage is formalized, you must submit a marriage certificate and passport of the second spouse, as well as the consent of the conclusion of the transaction. Article 35 of the Family Code of the Russian Federation states that the spouse must be informed of the intention to purchase housing. In the absence of their legal consent, the sale of an apartment may be terminated through the courts.
If the living space is issued to the owner who has not reached the age of majority, a birth certificate is provided.
Registration of an apartment purchase contract
Having drawn up the text of the contract, both parties carefullystudy it, checking for the presence of all necessary conditions. Then the buyer and the seller sign the contract with the registering authority in accordance with article 558 of the Civil Code of the Russian Federation. Signing is done in the presence of an authorized registrar. From that moment the contract is considered to be concluded.
For signing it to the budget is paida certain amount of state duty. Funds are contributed by both parties. In addition to the contract, a deed of transfer must be drawn up. Signing it and entry into force can occur only in the case of the execution of the entire amount of obligations specified in the contract. Well, at the last stage, finally, there is a registration of the contract of sale and purchase of an apartment, indicating the transfer of ownership of this property.
To make it, you should choose the followingthe list of documents: an application for the transfer of ownership rights from the seller to the buyer, the apartment purchase contract itself, a receipt for the payment of the duty, a cadastral plan and a registration certificate for the apartment. In addition, you will need a passport as the seller and the buyer and an extract from the house book of the apartment owner.
If the purchase procedure is framed for allthe rules, then at its completion, the buyer remains in the hands of the following documents: a copy of the direct contract of sale, the deed of transfer and the document on the transfer to the new owner of the right of ownership.
Purchase of housing mortgage
Покупка квартиры может происходить путем registration of the mortgage. In this case, the main package of documents must contain, in addition to the above, an expert opinion on the market value of real estate, a document registering the encumbrance, an insurance contract for an apartment. How to arrange the sale of 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 applies to circumstances andtiming of the transfer of real estate. Possible item on the preservation of housing in a particular state. Force majeure must be specified directly by the participants.
The seller’s responsibility is to providethe buyer information about third parties, from which there may be claims of ownership. When the contract is concluded, the buyer loses the right to refuse the transaction without a good reason. In the agreed time must be calculated for the purchased living space. If the buyer refuses to deposit the amount specified in the contract in cash, 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 the conclusionthis contract? The main advantage is the possibility of notarization and legislative support. In case of violation of the conditions, obligations and terms of any of the parties specified in it, the other participant has the legal right to demand the fulfillment of the clauses of the agreement in the prescribed manner.
Если возникают обстоятельства, не предусмотренные clauses of the contract, the presentation of relevant requirements is possible within a three-year period from the date of the procedure of registration and certification of signatures of the act of sale. During the year, the buyer has the right to file a claim with the court in case of dissatisfaction with the basic requirements.
The main disadvantage of this document isopportunities to challenge his reality. This happens when improper execution or violation of the requirements of the law about the conclusion of the transaction. The challenging procedure is carried out in court. This can be done at the initiative of both the buyer and the seller.
Do I need agent services?
Worth or not to go for a purchaseapartments in a real estate agency? His employees for their services in the selection of options for the purchase, the collection of the necessary documents and legal registration of the transaction will take from you a certain percentage, usually a rather impressive amount of money. But it seems that it is in this case that the savings are inappropriate. After all, professionals who specialize in this industry work in real estate agencies. They always have a standard form of sale and purchase of an apartment, compiled with all the subtleties.
As you know, it is easy for an uninformed person to get intovprosak, not knowing certain nuances. For example, at the time of purchase, a question is “settled” with all registered on this living space. But earlier a person who was serving a prison sentence at the time of the transaction could have been registered in the apartment. For the period of the sentence such a tenant should automatically be discharged. But on his return, he can use his right to live in this living space, which he will challenge in court.
For those who still decided to actOn our own, we present a preliminary contract for the sale of an apartment, a sample of which is mandatory for any notary or real estate agency.
Transfer of money
Денежные средства при расчете лучше всего transfer 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 transmission. The most reliable and secure option for settlements in transactions is the use of bank services. In this case, the amount of money is recalculated in the presence of a bank representative, sealed with the signatures of all parties and stored in the bank box until all clauses of the agreement have been completed.
If you still decide to resort to servicesnotary, it is better to choose his candidacy himself, and not agree to the proposed seller. In addition, do not forget to especially carefully check the documents of ownership of the property, if the seller owns less than six months.
Buying a flat for sale
Теперь поговорим о таком понятии, как задаток.It means a sum of money transferred to the seller by the buyer as evidence of the seriousness of the intentions to purchase housing. After receiving a deposit, the seller undertakes to refrain from selling this housing to third parties for a specified period.
The meaning of the deposit is to guarantee the success of the transaction and to consolidate the intentions of the parties. In the final calculation of the amount of the deposit should be officially credited as part of the total cost of housing.
Deposit agreement (preliminary agreementsale of an apartment), a sample of which, although not legally approved, is compiled, nevertheless, with all legal subtleties, only then it will have the force of law. If such a contract is executed, and the deposit is transferred, it becomes the purchaser's responsibility to purchase this particular housing. In the case of preference for an alternative option, he loses the entire amount of the deposit, which remains at the disposal of the seller. If, after receiving it, the seller changed his mind to complete the transaction, he is obliged to return the amount of the deposit, as a rule, double the amount. But this circumstance must necessarily be spelled out in the drafted contract.
Обычный возврат суммы задатка возможен в случае the impossibility of one of the parties to participate in the transaction for a sufficiently valid reason (a sharp fall in financial position, the occurrence of any force majeure circumstances). There is a procedure for such a return solely by mutual agreement of the parties.
About the intricacies of design
Как грамотно составить договор задатка?It must apply to all those who belong to the number of owners of the apartment being sold. It is also desirable to designate all buyers, but the contract can be made with one of them. Be sure to include passport details, full name. all mentioned with residential addresses, a brief description of the apartment.
If you neglect the correct legaldrafting such a contract and limit the usual receipt, in the future there may be complications when trying to defend the violated rights in court. The buyer, in case the seller refuses to sell the apartment, may lose the paid deposit. For example, it is possible for the seller’s family to present a medical certificate about the inadequate state of the state at the time of receiving the money and issuing the receipt. In this extreme case, even the court is powerless.
Do not forget the receipt
When signing the contract and transfer asThe deposit of a certain amount of money must be issued a receipt for the transfer and receipt of money. The seller must do it in the presence of the buyer. Such a document is written exclusively with a ballpoint pen (not with a pencil or helium paste), and only by hand, since in the case of a judicial challenge the examination will identify the handwriting.
Расписка должна обязательно содержать в своем table of contents reference to the concluded contract of sale of the apartment with the number and date of signing. It must be given the data of passports of both parties and the date of its registration. The amount of the deposit is indicated in numbers and must be written. It is imperative to indicate that the amount transferred has the status of a deposit, and not something else.
In addition, there should be a short receipt.description of the property with indication of data on the ownership. The signature of the seller in the receipt must match the one in the passport. If you decide to print it out, and not to issue it by hand, notarization is very desirable.
Деньги при получении расписки следует передавать seller in the presence of witnesses. The transferor should request the receiver to recalculate the bills and confirm the availability of this amount and the absence of its own claims.
