01.11.2019

Who issues a contract for the sale of an apartment. Typical apartment purchase and sale apartment. Renewing an apartment when buying


Preparation for such a transaction requires great preliminary work, as well as knowledge of legislation: Civil Code of the Russian Federation, family and housing codes.

What it is?

Treaty of purchase of sales apartment is considered to be written agreementconcluded by honey by the participants of the transaction.

This Agreement is fixed terms and timingDuring which the seller undertakes to transfer real estate to the buyer. And also prescribe obligations Buyer at the acceptance of alienated real estate.

What should be specified in it?

Civil Code provides for freedom contract.

Participants of the transaction can enter any items important for both sides, subject to the lack of contradictions in them by the current legislation.

But, despite the concept of "freedom of the contract", the Civil Code of the Russian Federation presents pretty strict requirements to items that are required for each contract of sale. It must also be indicated by the place and date of signing.

Preamble

This part of the contract shall indicate the seller and buyer. They can be legal and physical Persons. Of course, the apartment can be both the only owner and the buyer and several people on each side.

The preamble indicates the owners and buyers of an alienated apartment, including incompetent citizens. For minors, incapable or partially limited citizens, their parents or guardians operate.

In addition, capable participants in the transaction have the right to convey their rights to conclude a contract trusted persons. The right to implement actions in the interests of the principal (seller or buyer) gives a power of attorney, certified by notary.

The preamble lists each participant Transactions. These documents certifying the identity and powers of each of them fit. These may be data of passports, decisions on the appointment of guardianship, birth certificates, etc.

If there is a legal entity among the participants, it is indicated full name and basic details. In the presence of participants acting by proxy, there is a reference to a power of attorney in the preamble, indicating its registration number of the notary registry that issued this document.

Other binding points

The standard contract usually contains 10-15 points.

Binding The following are:

  • a clear indication of the alienable object: its exact address and general specifications - number of rooms, a meter, etc.;
  • an indication of the right-expanding documents confirming the right of the seller to alienated accommodation;
  • the price of the apartment and the procedure for calculations;
  • information about the citizens registered at the time of sale, the timing of their withdrawal from accounting, responsibility for the violation of the specified deadlines;
  • terms and procedure for transfer of real estate (if there is special conditions, for example, if the apartment is transferred to furniture - there is washed it into the contract);
  • an indication of the requirements of the law, providing for the mandatory registration of the transition of ownership in the authorized body.

How is it registered?

In the light of the requirements of today's legislation, the formulation "Registration of the Agreement" is outdated. Currently, legislation has abolished registration of the contract of sale, limiting its requirements registration procedure Transition of property rights.

For registration Form a package of documents:

  • application for registration of the transfer of the right signed by the Seller;
  • application for registration of the right by the buyer's signature;
  • at least 2 copies of the contract signed by all participants;
  • receipt in the amount of 1000 rubles, confirming the payment of state duty;
  • passports, birth certificates and, if necessary, other documents in the originals;
  • notarized power of attorney, if trusted persons appear in the contract.

Prepared documents must be passed into the territorial office Rosreestra Or take advantage of other ways of registration:

  1. Contact one of the multifunctional centers (in those regions where they are).
  2. Take advantage of the exit service, which is provided free of charge to disabled I-II groups, disabled and VOD participants; And on a paid basis - all citizens wishing to use this service.

After established by law time, the right of the new owner will be registered. In confirmation of this fact, the registering authority will issue a certificate confirming its newly emerging ownership on purchased housing.

Payment and transfer order

When buying an apartment you need to pay serious attention to all stages, and especially - order of payment.

Legislation provides for several options for calculating the seller and the buyer.

This cash payment from hand to hand, or using depository bank cellUse credit funds (mortgage) or maternal capital, non-cash calculations, subsidies.

Maximum ensure the interests of both sides and reliable safety moneyallow competently organized transactions committed by cashless payment , as well as the calculation using banking cells. Cash transmission carries well-known risk share.

Therefore, in no case it is impossible neglect the basic requirements for calculations.

Cash must be transmitted only in exchange on receipt in receipt of money. In receipt must be specified Passport details of all sellers, date and place of issue.

Each of the sellers puts full name, patronymic, surname and signature. For minors and limited rights in the receipt are signature legal representatives.

Timing The transfer of the apartment depend only on the agreement of the parties, which should be reflected in the contract of sale. The transfer of housing is made on the subscribers of the act of receiving real estate subscribed. With signing act All sets of keys from apartments and payment documents for the buyer are transferred to the Buyer utilities Over the last period.

How to protect yourself?

In conditions of the crisis, you need to be extremely careful and vigilant When buying an apartment.

If we talk about today's situation, the real estate market in the near future expects recession purchasing activity.

This is a very good time for the buyer, because the market it will be oversaturated The most different offers. Against the background of the passivity of buyers, sellers become more conspirable, which makes it possible to agree on a good bargaining.

A completely decent apartment can be bought significantly lower than some time ago. But "Pleasant" Price - far from the only dignity of the apartment. To never have to regret the purchase of "unreliable" apartment, you need to pay close attention For the following points:

  • a thorough check of the "legal purity" of the property;
  • checking the "movement" of residents and owners;
  • legal capacity of owners;
  • the presence of third parties with legitimate grounds for accommodation or ownership of the apartment;
  • compliance with the legislation during the privatization of the apartment and all the transactions made with it, if such had a place to be.

Reliable to purchase an apartment that does not have "stories". That is, at the time of the alienation, the seller is its first and only owner.

It can be both one person and family. In this case, check the apartment is simple, and any slightest violations of the Law Immediately become obvious.

The longer the "History" of the apartment, the more difficult to check it.

SAME unfavorable From the point of view of reliability are apartments where the change of owners constantly happened.

In the "History" of such apartments appear contracts for sale, certificates of inheritance, rent contracts and donations. Check each of these transactions very difficultand sometimes it is impossible.

Purchasing such an apartment need to be appreciated the whole degree of risk. It is very important to trace whether the rights of citizens belonging to the category of risk were violated during privatization or one of the transactions. Violation of the rights of this category of persons makes any deal invalid And does not have the limitation period.

That is, having bought an apartment in which minors were once violated, you you can lose it Based on the decision of the court, if a matured child suddenly decides to restore itself in rights.

As for today's owners, before the transaction should be asked to document them accuracy. This is confirmed certificates Of the psychoneurological and drug treatment dispensaries.

If, despite the positive references presented, one of the owners causes you deep doubts (it seems inadequate, abuse of alcohol, etc.), give up the contract in a simple writing in favor notarized contract.

Notary, speaking as an uninterested person, checks the capacity and in the case of litigation confirmAt the time of signing the contract, the seller gave a report to his actions.

Checking an apartment, owners and users, think about the price contract.

The most correct thing is to point out the value in the contract for which you purchase an apartment.

Under the pricing price and subsequent legal proceedings you risk Get on the hands of exactly the underestimated amount that we suck in the contract.

If at the time of submission of documents for registration in the apartment remain prescribed owners Or their family members, demand a statement with the liabilities of the deregistration of the whole family.

Be sure to specify the deadlines of the statement. Usually it is given from one to two weeks. If the sellers are leaving after the transaction to another city, and even more so - to another country - should not be limited to a statement.

Agree with the seller of holding a certain amounts for discharge. That is, some amount, usually from 200 to 500 thousand rubles, is laid in bank cell, and the terms of access to this cell and receiving money will be the provision of an extract from the passport table confirming that all members of the seller's family were removed from the registration accounting.

Be careful!

On how much it will be possible to check the purchased apartment and proper to organize a dealThe well-being and tranquility will depend on the new housing.

Practice shows that most often judicial claims and challenging transactions by the former owners and third parties submit within the first three years After selling an apartment. therefore titula insurance (ownership) for this period will strengthen your positions.

Sometimes the seduction of the former owner of the Apartment "Earn" becomes a reason for appealing to court. It happens when when selling expensive apartments instead full value Indicates only a million rubles.

Even if there is a receipt on the actual paid amount, you will have to spend a lot of time and effort to prove courtthat you paid more than a million rubles.

So what true, more precisely and more There will be a contract, the less chance you will leave fraudsters to challenge it.

If you do not have the necessary knowledge and experience, better enlighten support competent friends, relatives or experienced professionals.

The essence of the sale contract is in the transition of ownership from the seller to the buyer. The seller undertakes to transfer the goods to the buyer together with all the accessories and documents in the term established in the contract. And the buyer promises to accept this product and pay for it a certain amount.

The contract of sale is considered concluded as soon as the parties agreed on the product. But ownership of the thing goes from the seller to the buyer only at the time of its transfer. Exception - purchase and sale of real estate.

You can buy with prepayment, or on credit. In these cases, the right of ownership is preserved for the seller until full payment.

What can i and what can not be sold and buy

Any things, even those that will be created. In addition, the goods can be animals and intellectual property.

You can trade as a real estate (land, buildings, and so on) and movable property (All other things, including vehicles).

Weapons, medicines, jewels and other things in turnover things can be sold and buy only in the presence of a special permission.

Who can conclude a sale agreement

Sellers and buyers can be both physical and legal entities, as well as state and municipal entities.

At the same time, citizens should be capable, and legal entities participating. Teens aged 16 to 18 years are partly capable, so they can sell and buy property only with the written consent of the parents.

What form is the contract of sale

We need or not a paper document depends on what and by whom it is sold and bought. Compliance with the written form is necessary if:

  1. Goods is real estate.
  2. One or both parties are legal entities.
  3. A citizen sells a citizen a product worth more than 10,000 rubles.

Exception - transactions performed at the time of their conclusion. For example, retail trade.

What are the contracts for sale

In the Civil Code, seven varieties of the contract of sale were allocated.

  1. Treaty of retail sale.
  2. Delivery contract.
  3. Delivery contract for state or municipal needs.
  4. Contract agreement (procurement of agricultural products).
  5. Power supply contract.
  6. Real estate sales contract.
  7. The contract for the sale of the enterprise.

Each of them has legal features.

Let us consider in more detail the car purchase agreement as a special case of a common design and an apartment purchase and sale agreement as a special case selling real estate. These transactions are most often found in the economic activities of individuals and legal entities.

How to make a car purchase agreement

For registration of the sale of the machine, you do not need to refer to the notary. The contract can be made in simple writing, taking one of the blanks on the Internet for a sample.

Fill out a document from hand or on a computer - no matter. The main thing is that there are information about:

  1. Place and date of the transaction.
  2. The seller and the buyer (F. I. O., full passport data).
  3. Vehicle (type, brand, color, release date, state number, vin, power unit number and chassis, series and TCP number).
  4. The cost (without it is valid, but in controversial cases will have to be installed with the help of experts and through the court).
  5. Transmission order.

The seller must prepare the right-pointing documents for an apartment: an extract or EGRN (confirms the status of owners, as well as the lack of encumbrances), the previous contract for sale, donation, exchange, privatization or certificate of the right to inheritance. I also recommend ordering the explication, cadastral passport and a package of BTI and get a certificate about the lack of debts on a communal service.

Alexander Spiridonov, Leading Lawyer "European Legal Service"

If the apartment is a common joint property Spouses, it is necessary to issue a notarious consent of his wife (husband) for sale. If there are minors in the number of owners, the written consent of the guardianship bodies and guardianship will be required.

How to register Apartment purchase agreement

Registration of purchase and sale is regulated by the Federal Law No. 302 of December 30, 2012, and not Article 558 Civil Code. Therefore, at the moment, the purchase and sale agreement is performed in a simple writing and is considered prisoner at the time of signing.

Olga Soutin law Firm "Weeklyko and partners"

But contact the service state registration (Rosreestr) still have to. The seller and the buyer must register the shift of the apartment owner. The following documents will be required:

  1. Registration application.
  2. Contract of sale.
  3. Cadastral passport on the apartment.
  4. Consent to the deal from interested persons (spouses, guardianship and other).
  5. Receipt about the payment of state duty (2000 rubles).

The application and package of documents can be submitted personally in the Rosreestra or MFC separation, the postal departure with the announced value or via the Internet.

For seven (when contacting directly to Rosreestr) or nine days (when contacting IFC), the transfer of property rights will be issued. The new owner will receive an extract from the Unified State Register of Taxpayers (EGRN). Separate certificates of ownership of housing are not issued now.

A transaction for the acquisition or sale of housing is issued by the contract. Now this agreement is not subject to state registration. So where to make an apartment purchase and sale agreement? Documentation must be brought to Rosreestr. But the procedure will be different - registration of property rights. It is it necessary to register. At the same time, the Regulations of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), Articles 551 and 558, N 302-FZ ( Federal law) dated December 30, 2012, Article 2 part 8. Registration stages Consider further.

Where and how to make a deal of sale apartments pre-?

Express your intention to purchase (sell), one or another side of the part of the transaction may in the form of a preliminary contract. The terms of the final transaction are predetermined. The law is such an opportunity provided for in Art. 429 p. 1 of the Civil Code of the Russian Federation.

The preliminary contract of sale is issued and subscribed to:

  • notary,
  • lawyer
  • real estate agent
  • parties outside institutions.

What guarantees does this agreement give? The buyer can be sure that the law guarantees him the right to buy agreed housing at the cost specified in the contract. And the seller will be able to realize its property in set time. The document must be written in writing. State registration is not required.

Under art. 429 p. 5 of the Civil Code of the Russian Federation in case of evasion of one of the parties from the conclusion of the final contract, the second may require this through the court. The claim is presented at a semi-annual period from the date of refusing to fulfill obligations. The court decision in favor of the application submitter is usually analogous to the main agreement, but does not provide property rights.

How is the preliminary contract?

According to the law (paragraphs 2, 3, 4 of Art. 429 of the Civil Code of the Russian Federation) the contract must be drawn up taking into account the following moments:

  1. It is necessary to determine the procedure for holding the final transaction by calculations, price.
  2. To determine the object being sold.
  3. Specify the period in which obligations it is necessary to make and conclude the main contract.
  4. Listing its conditions relative to which the parties resorted to the preliminary agreement.

State registration of the preliminary contract is not required.

When buying and selling housing in the secondary market, there are no special risks on the fact of concluding such an agreement. If at a reasoned period, none of the parties initiated the conclusion of the main contract, its effect stops (under Art. 429 p. 6 of the Civil Code of the Russian Federation).

But adverse consequences may arise from the buyer if it was necessary to conclude a preliminary contract for the purchase of an apartment in the house under construction and, he made money sums. The developer may refuse to take additional obligations.

The buyer does not have protection against the following risks:

  1. No guarantee of receiving an apartmentspecified in the preliminary contract. After all, it reflects only the intention.
  2. The contract may recognize the unsuccessful. For example, the apartments parameters are not specified, as the law requires.
  3. Double sale. The developer can agree in writing with other persons.
  4. Loss of nested cash. In court, the buyer who had previously paid a part of the cost of the apartment or the full amount may require a return in the form of payment of a penalty at a minimum.

The contract of sale should include information defined by a specific property: address, size area, cost. And also in the document lists all persons registered in the apartment.

The agreement can be drawn up by the parties in writing, on its own, subject to its standard form.

Request it in the notary does not necessarily, except for cases under the law N 218-FZ, articles 42 hours 1 and 54 hours 2:

  1. The apartment belongs to a minor or an incapacitated citizen;
  2. Shares are alienated in the right of common property.

In these cases, state duty at the notary rate in the amount depending on the value of real estate is paid. After drawing up a sales contract and collecting a full package of attached documents, it is transferred to the Rosreestr to the parties or their representatives.

If the representatives of the seller or the buyer are engaged in the design of the real estate transaction, a power of attorney for a representative office decorated from the notary.

For independent compilation Parties to the contract may allow mistakes affecting further ownership. In order to avoid them, you should seek assistance to specialists.

Agency

The real estate agency has an extensive database that helps find an apartment to the buyer and realize the seller's living space. The agent has the necessary knowledge and experience in making transactions. Therefore, in most cases, sales is carried out through these specialists. Such transactions are more reliable.

Real estate professional is correctly a sales contract, both the main and preliminary. After that, it offers the parties to sign it. But up to this point there are stages of checking apartments for reliability in relation to the ability to make a deal. And also marks the preparation of documents.

The agent takes a certain percentage of the apartment's cost as payment for his work.

Notary

Notarial design of the main and prerequisites Purchase, as a rule, is undertaken by the parties. This adds reliability agreement.

The notarial design of the sale is mandatory only in cases where the apartment of a minor or incapacitated, as well as with other owners is being implemented.

Practice shows that the notary has about half of the sales contracts of real estate. This eliminates the risk that the transaction can be challenged or recognized by insignificant. And the services of the agency or legal support disappears as unnecessary.

Notary accepts by appointment. An agreement in electronic form may also be proposed.

Where is the contract and where you can get it a copy?

Since the apartment purchase and sale contract does not need state registration, signatures can be affixed by the parties arbitrarily, without assurance by institutions.

However, as already mentioned above, in situations when housing is a minor, incapacitated or talking about selling a share, to sign an agreement follows a notary with its assurance.

The procedure may attend a participating agent for real estate, which has compiled a document. Often it serves aspects of the agency.

Parties include a ready-made agreement in Rosreestr. With the participation of the notary, it can be issued in in electronic format For payment from 3 to 5 thousand rubles.

The document must be saved, as it will be necessary for future transactions.

If the contract is lost, then its copy can be obtained in:

  • Rosreestre;
  • Tax (provided that the declaration is submitted when making a purchase and sale transaction).

It is possible to order a duplicate through state services.

To order a copy, you must submit the following paper.:

  • identification document;
  • help from the Cadastre and Cartography Department;
  • certificate of ownership (apartment registered until 2018) or an extract from the USRP;
  • when ordering a duplicate due to damage to the document, it is necessary to provide an old contract;
  • receipt of payment of state duty.

The burden imposed on property is a limitation of the right to order them. However, a common transaction. It is important to know all the underwater stones of the acquisition of such real estate.
How to cheat when buying an apartment. Read this information not to become a victim of scammers.

Is it possible to register a contract for the sale of an apartment in MFC?

Selling an apartment through MFC (Multifunctional Center for Municipal and Public Services) is most safe and convenient. At the stand of the institution, you can read about the procedure. Also advice give employees.

In MFC there are no queues. But on the same day, registration does not occur, since the state duty is paying for the procedure through the notary and should be waiting for its receipt.

In Rosreestre

Rosreestr forwards documents to the participants of the transaction to e-mail in the case of registration through MFC. They cannot be stamped. Therefore, the parties must choose the method of execution of the transaction and transfer the right of ownership.

Narium

Documents: Agreement of sale and an act of receiving an apartment are certified electronic signature Notary when making registration in MFC. Parties may prefer this signature of this specialist. Then you need to make changes in choosing a method of registration.

How to make a contract, tells a specialist in this video:

Conclusion

For the purchase and sale of real estate is the prevailing mass of contracts. In a legal sense, these are the most difficult documents, since they are associated with a turnover of large sums. It is necessary to take into account a number of nuances, check the documents and find out the terms of the transaction for the successful commit.

Our lawyer will consult you free.

Purchase and sale of an apartment is a serious process that requires a thorough preparation. After all, we are talking about a rather big amount of money. Find a typical contract will not be difficult. At first glance, you can simply substitute your information into it and the contract is ready for signing. But in order to independently prepare the contract for the sale of the apartment, it is necessary to check all the documents and take into account all the nuances.

Preparation for purchase and sale

After the seller and the buyer "found" each other and agreed to the price, you need to do legal question. Primarily, the buyer must make sure the eligibility of the future transaction and legal purity ApartmentsThat is, the action should be completely in the framework of the current legislation. The buyer has the right to demand the following documents for familiarization:

  • Passport or other document certifying the identity of the seller (sellers, if there are several of them).
  • Document confirming property ownership.
  • Technical certificate.
  • The resolution of guardianship and guardianship bodies, if the owner is a minor face.
  • The consent of the spouse / spouse for sale an apartment, certified by a notary if the apartment was purchased in marriage.
  • Deployed extract from the house book. It will make it possible to make sure that third parties are registered in the apartment, and then they will not have to write them enough.
  • Extract from the personal account. If there are debt on utility bills, their repayment procedure should be spelled in the contract.

The contract is drawn up in simple writing. Notarization is not mandatory. But often, the transaction participants believe that the presence of a notary guarantees the "purity" of the transaction. This, to some extent, corresponds to reality. At the same time, notarization is associated with additional costs. They can be separated by agreement of the parties.

The contract must necessarily spell out all the essential conditions of the transaction. This is a guarantee that both parties will have their goals.

The standard contract of sale must have the following information:

  • The place and date of signing the contract.
  • Identifying information about the sides. These may be passport details or full name, if this is a legal entity.
  • Subject.
  • Reference to guidelines.
  • The cost of the object and the procedure for calculating.
  • Rights and obligations of the parties.
  • Signatures of the parties and printing if any Party is a legal entity.

The subject of the contract is the apartment, which, according to the Housing Code, must meet the following requirements:

  • Have relevant sanitary and hygienic conditions.
  • Tariff destination - permanent accommodation of people.
  • Isolation of the room.

In accordance with the LCD, the object implemented in the contract of sale must be described in detail, otherwise the contract may be invalid. You must specify the address of the apartment, the overall and living area, the floor on which it is located, and the cadastral number.

If not the entire apartment is purchased, but its part, then the size of this share in the form of a simple fraction should be clearly prescribed in the contract.

According to the LCD RF, the seller must obligatory Indicate in the contract of all persons who have the right to reside in this apartment.

In the contract, it is necessary to indicate all the obligations and responsibilities of the parties, in the event that the transaction is recognized as invalid. This may occur, for example, if it became known that the buyer or the seller is incapable. Also, the transaction may be canceled if any of the parties were in an inadequate state or signed an agreement for coercion.

An essential point is the price of an apartment. The contract must be spelled out the cost of housing and the procedure for calculating. If the contract provides for installments of payment, then it needs to describe in detail the calculation procedure indicating the amounts and maturity dates. The cost must be indicated in rubles and written in words. Transmission of money can be carried out through a bank cell, cash or non-cash payments.

Parties can indicate in the contract the affected cost of the apartment in order to derive from taxation or reduce its amount. The seller can write a receipt where the full amount will be indicated. But this practice is very risky for the buyer. If for any reason the transaction will be invalid, the buyer will be able to return to himself only the amount that was indicated in the contract.

If the apartment is sold with property located in it, then it is worth making his full list with a detailed description. It is also recommended to indicate responsibility in the contract for the random damage of property until the actual transfer of property.

In the contract of sale of the apartment, the procedure for the actual transfer of property should be written in detail. That is, the specific date, to which the seller must free the housing and pass the keys to the new owner. It is worth painting who will bear the cost of paying utility bills up to this point.

Any additional items on important points may be made to the treaty. The main thing is that they do not contradict the current legislation.

As soon as the parties signed an agreement, it comes into force. But the procedure for registering the transfer of real estate rights is required.

Some features

Not all transactions can be concluded, based on the standard contract. For example, the apartment can be sold not by the owner himself, but a trustee, according to the power of attorney. In this situation, it is important to make sure that the power of attorney is legal and was not withdrawn.

With extreme caution, it is worth treating a deal if the owner is a juvenile face. The seller must provide a certificate from the guardian council. It usually indicates that another real estate will be purchased in the name of the child, and at the same time its living conditions Will not deteriorate.

If not all the apartment is sold, but only her share, the seller must notify all other owners in writing.

Termination of an agreement

The contract may be terminated by mutual agreement or by court decision:

  • Termination of purchase and sale by agreement of the parties is performed in writing.
  • By the court decision, the contract may be invalid in the event of inconsistency of the contract of actual reality, the use of fake documents, making a deal for coercion, etc. After that, the apartment should return to the property of the seller, and the money is the buyer. Return may arise difficulties.

If the parties decided to issue a sales contract without resorting to the notary services, it would be worth consulted with a professional lawyer. This will help reduce the risk of fraudulent actions, loss of money and apartments.

If you need help in drawing up a legally literate and exhaustive contract for the sale of an apartment, which will fully protect you from the loss of money and property, then write about it in the form below. Our duty lawyer will contact you in the near future.

And what includes the design of the sale?
Most real estate owners and their buyers believe that this requires a contract for the sale of the apartment and this is quite enough. In fact it turns out that everything is not so simple!

Article Updated 01/06/2019

Rosreestr does not have a service for compiling sales contracts
MFC does not provide services for compiling sales contracts

In these departments there are no negotiators.
Third-party organization, lease of premises in the offices of acceptance of documents and offering contracts for the preparation of contracts, have no relation to Rosreestra.

You can sign a ready-made purchase agreement and safe transfer money in the offices of large bankin, there are rooms of negotiations.

We will understand more:

The law does not require the compilation of the contract of sale by a certified lawyer.

However, in some transactions, the contract of sale (DCC) of real estate is subject to mandatory certificate NOTARYA, and notaries do not want to take third-party contracts, as they take a fee for the preparation service.

Real Estate Purchasing Agreement is not a complex agreement and a deal participant can make it independently, having looked at the video advice from the author and receiving a modern, adapted for your conditions.

If you need complete and reliable information on the procedure for making a purchase and sale transaction and registration of ownership with detailed explanations - Get benefits and advice

The standard procedure for registration of the sale of apartments, and any other real estate, includes several stages:

First stage - registration of preliminary agreements

To prepare such a serious and expensive deal as a purchase and sale of real estate, as a rule, it takes time - from several days to several weeks. Therefore, preliminary arrangements for the price, procedure and timing of the real estate, the dates of signing the main contract of sale, must be fixed documented that none of the parties have changed them.
If the conditions are not spelled out on paper in 90% of cases, the transaction is "collapsed" due to price increase or other essential conditions.

So, the first stage of the transaction

Before signing any documents with the seller, get reliable information about the property from EGRN. Insofar as .

  • Signing Sharp agreements and transfer of funds by

These documents are you independently. They are signed by lawful participants of the transaction and immediately enter legal force. These are important documents, the main thing is to make them correctly.

As a rule, the signing of such documents takes place in the apartment being purchased and the buyer has the opportunity to once again examine the apartment for the lack of hidden defects and explore the original documents on the apartment and identity cards (passports, birth certificates, etc.) of owners.

Further, usually within 1-3 weeks, depending on the situation, the presence of long holiday days when they do not work state bodies and other circumstances, the package of documents for the transaction occurs.

Check video Consultation:

Where to arrange to buy the sale of the apartment. Registration of the transaction

The second stage of the transaction:

  • Drawing up and signing the contract of sale and act of reception.

Some transactions now certify notary, these documents constitute his assistant.

If your transaction is not subject to a notary certificate, you prepare these documents yourself.

Be sure to agree with all the participants in the transaction in advance, switch to email or pass personally.

They are signed, as a rule, in the office of Rosreestra, MFC, or in a bank where money is transmitted, laying them into a cell or signing loan agreement, there are negotiators rooms.

Order Drawing up a sales contract

If you find it difficult to draw up a sales contract yourself, consult a lawyer.
An application can be left by writing a message in the form of communication at the bottom right.
A lawyer will call you back from your city.

Where to arrange to buy the sale of the apartment. Registration of the transfer of property rights

Third stage of the transaction:

  • Broadcast Applications On the transition of ownership of the seller to the buyer and registration of ownership of the buyer with the contract of sale, the act of receiving and transmission and occurs in the department of receiving-issuance of documents of the roosreestra or in MFC "My Documents".
    Read:
  • You need to pay the state duty, Read more

Attention: From the IFC, documents are transported to Rosreestr and back, which delays the procedure for 2 days.

For information: Now you can apply for registration in any department of the IFC or Rosreestra under the same cadastral district.

If the real estate object is in another cadastral district - documents can be submitted only through the Rosreestra offices.


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