To say that the real estate market with its terminology has been studied along and alternately, in no case: any field of human life can surprise us with some submarine stones and subtleties, which we did not even suspect. Sometimes people who want to make a real estate deal are faced with an unfamiliar concept: "Type of sale - alternative." What is it and what to expect from such an ad?

Definition and mechanism of the transaction

So what is this type of sale - "Alternative"? The definition of this concept lies in the key word of this phrase. Such transactions are bilateral agreements, when one of the participants not only sells its real estate, but immediately buys someone else's. Usually such an agreement is concluded between the three owners: conventionally, they can be called the top buyer, the Middle and the Lower Seller.

From these items it is already clear that it is "medium" playing main roleBy passing money back from the top buyer, the lower seller. In order to avoid unnecessary risks, a realtor is always present on such operations, which makes the procedure as simple as possible for all its participants.

Other names and shapes

What does the type of sale "Alternative" mean, people knew before. The primitive form of such a transaction is the exchange: the buyer acquires the apartment of the seller, and the seller for the revennated money is imposed on the buyer's housing. Most often exchanges occur with the surcharge, usually it is associated with the malfunction of the transaction conditions. As for other terminology, in St. Petersburg - a city known for its special language - alternative sale Apartments are called "oncoming" or "counter-transaction", so do not be surprised if you get a similar combination in the St. Petersburg edition.

Causes of choice

But why some people choose this particular sale type (alternative)? What it is, you will have to see for those who decided to sell an apartment in which representatives of socially unprotected segments of the population are prescribed: disabled people, children and pensioners.

In addition, such transactions are resorted in the event that the apartment owners have no other real estate, and, selling this, they actually find themselves on the street. In order to exclude a similar opportunity, and realtors are involved, which will ensure that the transaction passes in compliance with all the formalities of the legislation.

Net sale

What is the type of sale "Alternative", we figured out. If sold and on the same money, they bought an alternative. But it is found in ads and other attribution regarding the status of the apartment: "Net Sale". It appears as "free." In order to better understand what the free sale of the apartment means, you can push off from the definition of an alternative: with the last version, people, evicting out of one apartment, immediately enter the other.

In the case of free sale, sellers already have a new place of residence, so you will not find yourself the enemy of the people who brought the family from the native home. That is, if you first bought, and then sold old housing - then this is already a net sale.

Alternative sales risks

Type of sale "Alternative" - \u200b\u200bwhat is it? A profitable party at which the average kills two hares at once, or the torment for all sides of the transaction? Sometimes there are situations when the average, appointing some price for their home and already obtaining an advance, starting searching for a new apartment, understands that he has undertakes the price or that he still lacks funds on his dream. Then he can easily break the deal, at the same time caution for nothing to wait in anything.

A variant is also possible that the upper or lower at some point will refuse a transaction, having hurting two other parties. Of course, the presence of realtors significantly reduces the risk of such outcomes, but at the same time they take place.

Comparison of the alternative and its absence

Choosing that it is better - an alternative or pure sale, it is worth considering all the pros and cons of both options. First, with a free sale, the transaction is much easier from a legal point of view: a smaller number of parties can affect her, and those who participate less. Secondly, an alternative sale is affected by a huge number of external and internal factors, which also complicates the transaction. Obviously, net sales are the perfect option, but at the same time in some cases an alternative is the only possible option.

And if you cheat?

By the way, by the way that some sellers do not want to confess the "alternativeness" of the transaction, rightly consider that they can lose a promising buyer who can refuse to participate in a rather long procedure of re-register and housing exchanges. Therefore, always, if you want to buy a new housing, check the status of the apartment. Of course, it is not a fact that the seller, if the sale is still alternative, so you can immediately admit to this, but it's still worth trying.

The next exploration step is to visit the apartment. It is unlikely that someone will live in free housing, so it should alert you. By the way, one of mandatory conditions Pure sale is the complete liberation of the apartment until the signing of the contract between the parties, so what is it once again check.

To get a list of people prescribed in this apartment (namely, with the wrong conclusion of the transaction, they can sooner or later present their rights to square meters), visit the seller a single information and settlement center, where you will be given the appropriate certificate (you can not even try to penetrate there Without the owner, it will not work anyway).

Well, the final step is the duration of the period between the oral agreement on the sale and direct conclusion of the transaction: on the design of all necessary documents It may take one or two weeks, but not more; If the seller for incomprehensible reasons postpones the signing of papers, it is likely that it is engaged in searching for alternative housing.

Finally

So, what is preferable - net sale or sale type "Alternative"? What it is, we have already figured out. It remains to summarize the above and choose the best. Most of the buyers still stop on a non-alternative transaction: it is faster in time, less complex is legally, and much less risky. In the event of an alternative sale, the chain will only be a mustache if all its links are interrelated. Refusal at least one of them to take part in the operation, as well as force majeure, such as the death of one of the owners of the selling housing, can not only slow down, but also to destroy the entire transaction.

At the same time, people are forced to get involved in alternative selling, without having another exit. In this case, you need to be at times more attentively and it is better not to save on realtors, which, let them get a certain percentage of the transaction amount, will be able to trace the observance of all formalities and minimize the risks unpleasant surprises In the form of unexpectedly appearing unaccounted at the sale of residents of the apartment, which may apply for a share in it. Regardless which method you choose, you will still be able to purchase your own corner, which may well become your fortress, and this is the most important thing.

Alternative purchase or sale of apartments (about this below) - This is the most common type of transaction market. In Moscow, for example, according to realtors estimates, among all the purchase and sale transactions of apartments, more than 70% are alternative. Why is that? Yes, because most people selling their apartments do not stay with money on the street, but they buy their other apartments in return, in fact, changing His accommodation. Such simultaneous sale of one apartment and buying another, and called alternative real estate transaction.

In Realtar Slane, there are several names for different types of transactions Apartments purchase and sale:

• Straight ( or pure / free) sale;
• Alternative purchase or sale of an apartment ("Alternative");
• "Chain" (several "alternatives", linked to one transaction).

The type of transaction hints at its simplicity or complexity, as well as - for a time that will be required to prepare such a transaction. Obviously, building the "chain" complicates the deal, and requires more time to prepare, compared with simple ( "Clean") Sale apartments.

Consider straight and alternative Sale apartments More.

Direct sale apartment

It is understood that the seller of the apartment simply gets money for it and leaves without buying nothing in return. Those. Behind the apartment sold does not stretch the "tail" from other apartments that are sold / bought at the same time with it.

For straight ( or clean) sale of apartments There are only two sides of the transaction: the seller and the buyer. They do not depend anymore. This is obviously the simplest and most convenient form of a real estate transaction. But the "net sales" of apartments, unfortunately, occur in the market infrequently.

Alternative sale apartment ("Alternative")

Alternative sale purchase and sale means that the owner sells his apartment and buys another apartment in return ( for money from the sale of the first). Moreover, it is done at the same time, i.e. The transaction on both apartments passes in one day, both subscribe simultaneously, and both apartments occur also at the same time.

Most often it turns out that this is the only way to change its apartment to the one that I want. After all, direct exchange ( under the agent of the apartments) It rarely happens, because for this there should be a complete coincidence of the interests of those who change. And this is understandable, the situation is unlikely.

In this way, in an alternative purchase and sale of the apartment Participate at least three sides:

• Apartment buyer-1;
• The seller of Apartments-1, which in turn is the buyer of the "Alternative" apartment-2;
• Seller "Alternative" Apartments-2.

In a conversation, an "alternative apartment" can be called an apartment-1 and apartment-2. This is already the taste of participants in the transaction. The point does not change. For example, we, for example, for understanding, call "alternative" the apartment that is bought in return available, that is, apartment-2.

Typical algorithm for conducting an alternative transaction We brought to a separate note for convenience:

An alternative real estate deal, naturally, is somewhat more complicated in terms of the organization than "straight ( or clean) Sale. " It takes longer, and has its own specific risks ( about this below). But this is the most common option for the exchange of apartments through buying and selling.

"Chain" apartments

- This is a transaction in which there is not one "alternative apartment", but two or more. Sellers of each previous apartment are buyers of the next in the "chain" of the apartment.

Moreover, it is not necessary for these apartments consistently after each other. For example, when selling 4 room apartments, her seller chose himself in return for two "odnushki" and "two-room" ( with surcharge) - so built "chain" Of the four apartments, where they buy three instead of one "Alternative".

Obviously the longer the "chain of apartments", the more its participants, and the more difficult it is to build a whole deal. The time of training such a comprehensive transaction, as well as the likelihood of its breakdown - rises. If one link "chains" falls during the preparation of the transaction, then the whole transaction collapses, and you have to start all over again.

In practice, the "chains" over 4 apartments are rare.

To limit the growth of the "chains of apartments", it is possible in the conditions of making a condition that the next seller will have to choose the apartment only in return direct Sales.

Realities of the real estate market of the big city are such that among apartments in direct sale More often encountered "odnushki" and "doubles". Large apartments ( 3-4-room), as a rule, pull the "alternative" or a whole "chain".

♦ By the word about alternative transactions ♦

(On the long-distance exchange of housing through an alternative purchase and sale transaction)

Calculations through bank cells in alternative transactions

Transfer of money in an alternative transaction or in the chain of apartments, usually occurs in cash using banking safesmaker. To take into account the different interests of the participants rented two or more cells at the same time , and sign different agreements on the terms of access to each cell.

Most often, selling one apartment and buying another ( alternative) S. surcharge Or, on the contrary, getting the difference in value. Then for calculations rent two bank cells - one for the principal amount, another for surcharge ( see example scheme).

♦ Example money transmission circuit through two cells ♦

Compared with the calculations in the usual ( straight) sale of the sale and sale of the apartment, in alternative transaction There are nuances, because Here there is a conflict of interests of several parties of the transaction ( for details about this, see reference).

Specific risks of an alternative transaction

In addition to characteristic of the usual sale or purchase of an apartment, when building alternative transaction Additionally, there are also specific risksassociated with the organization of this complex process. No need to be afraid of them, you just need to carefully approach the process of preparing this event. After all ( and who is this "realtor"? - See reference) Organizes such transactions regularly.

What kind specific risks Inherent in alternative transactions with apartments? About this below.

In an alternative transaction ( in the chain of apartmentsThere are several real estate owners at once. Banal inconsistency of action Between them leads to a rupture of the whole transaction. Even if only one of the participants is "misunderstood", as a result, all participants will suffer - the chain will fall apart.

That this does not happen, the terms of the transaction and the sequence of actions are repeatedly pronounced with all participants in all details . And better if each participant has a consistent and papers transaction action plan (link on typical Plan actions for an alternative transaction - see above).

It is also important to requests ( expectations) Owners of apartments, drawn "alternative", were adequate, that is, they corresponded to market prices and opportunities. Otherwise, there is a risk of increasing the timing of the transaction ( The seller cannot choose an "alternative"), and the risk of increasing the first apartment price ( The seller cannot meet with the purchase of "Alternatives" in the initial price).

But even in a well-coordinated alternative deal there is always the so-called so-called "Risk of partial registration" - When only a part of a total package of documents into two or more apartments is registered. The fact is that legally all Purchase contracts Apartments in an alternative deal of each other are not connected ( those. legally independent). Therefore, the registrar formally has no reason to register them with "one package". And demand from the registrar to stop the registration of one contract if the registration of another is suspended - it is useless. As a result, someone from the transaction participants can stay without an apartment or without money. How to prevent such a collision?

For this purpose, the following is used.

Daily track the course of registration process According to the number of applications for registration, the benefit on the Rosreestra website there is an opportunity to online (), and for a single free reference phone Rosreestra (8-800-100-34-34) will also be prompted.

If Rosreestre suspends registration According to one of the contracts, the notice of this is immediately sent to the participants of this contract. Then the participants in another contract immediately write a statement to the suspension and the second treaty. Next are dealt with the reasons. Most often, the reasons for the suspension of registration may be doubts of the registrar in any documents, and its requirement to provide additional references. After that the registration process is resumed. But in some cases it may be refusal of registration .

Another way solution is hired to register the entire package of documents. third-party artist. These services for registration of real estate transactions have many legal companies. It costs it inexpensively, but the likelihood of "partial registration" in this case is greatly decreasing, as lawyers from these offices are regularly engaged in registration, and the requirements of local branches of Rosreestra are thoroughly known.

But most reliable way registration of the entire package of documents by Skop, with an alternative sale and sale of the apartment - this conducting a transaction through a notary. The notary has a special relationship with Rosreestrom, and special powers to register documents in this department.

In particular, real estate transaction contracts do not need additional verification of Rosreestra lawyers, and therefore here are shorter than the registration date of "ordinary" documents. When the notary takes the registration of the entire package on itself, the risk of "partial registration" is close to zero.

If still did not follow the process, and "Partial Registration" The documents in an alternative deal occurred, here are two ways, how to avoid loss of money or loss of right to an apartment:

1. Resolve the issue of agreed actions of all participants in an alternative transaction ( if all participants are adequate and decent people). For example, to complete the registration on this agreement, where the refusal of registration was happening. Or everyone together to terminate the remaining contracts and return everything to its original position.
2. Solve a question through court ( if some participants in the transaction, having received what they wanted, refused to solve the issue voluntarily).

Should also be taken into account that when building "Chains of apartments" The number of all kinds of nuances, controversial issues, delays, and therefore contracts (advance and purchase and sale) You need to make a time with some reserve. This leeway It will be possible to solve the question that has arisen without breaking relations with the participants of the transaction, and without renewing a number of contracts.

This applies to the advance of the advance, the timing of access to the cell with money, the timing of the physical and legal release of the apartment after the sale, and the like.

When committing alternative real estate transactionsoften the confusion occurs in calculus taxes and tax deductions. Participants of such transactions are trying to replace tax deductionarising from the sale of apartments to the amount of costs arising from an alternative purchase.

For example, many believe that if you sell your apartment, let's say, for 100 rubles, and immediately buy an alternative apartment with a surcharge for 120 rubles, then the balance of income for one tax period will be negative ( those. No income), So, the tax is not necessary. This is mistake.

From the point of view of taxation, the sale of one apartment and the purchase of another is not connected. In one tax period This happens or in different - also does not matter.

I.e in an alternative deal, when selling apartments, the seller falls on the tax of Ndfl-13% from the amount of sale, and when buying another apartment, it is already like a buyer, has the right to a tax deduction ( return of NDFL From his future salary).

In other words, in alternative transactions are applied in conventional order ( read more about them - see reference), And no concern for income from the sale of one apartment and the cost of buying another apartment does not occur.

"Realtor Secrets":

Rules and sequence of preparation of the sale and sale transaction - on an interactive map will open in the pop-up window. "\u003e "Step-by-step instructions" (opens in a pop-up window).

According to sociological studies, the order of forty percent of Russian families seek to improve their residence. Move to another city, move away from your parents or expand the area. Every day there is a huge number of trade transactions in the real estate market. People have become more mobile and many spend this kind of operation, by order of housing, repeatedly.

More often, the living space is sold to buy another and do it prefer simultaneously, an alternative real estate deal is considered the most common and sought-after view.

Reference! According to statistics, almost all owners are resorted to such relations, who have only one single housing.

The exclusiveness of the process is that a person has to look at the appropriate option at one time and in parallel to look for a buyer for his housing. That is, it turns out that the process of acquisition and marketing is tightly interrelated. It can be both housing in new buildings and in the secondary market. The primitive form of such a procedure is most famous for a long time - this is an exchange. Most often it happens with a surcharge, which is associated with the unequalness of square meters and different financial opportunities participants.

Interesting! This species Agreements in many subjects of the Russian Federation are called their manner. For example, in St. Petersburg publications it- "Outcoming".

Terminology and mechanisms

In the ads often you can see incomprehensible notes. Simple man It is not always easy to deal with realtor terms. What is the difference and what risks are waiting for the seller or buyer in each case, a modern person must understand.

So what does this mean:

• alternative sale apartment - the owner sells its homes and immediately buys himself with another for the revengeted money from the sale.
• direct - the seller sells real estate and receives payment for it, without buying anything in return.

Each species indicates its simplicity or complexity, as well as about the time that will be prepared;

For your information! The first option occupies more eighty percent on the market.

Algorithm of action

Such transactions are two types:

• when a large living space is changing to a smaller;
• on the contrary, the increase in the area.

See also: Who pays the purchase and sale transaction: Standard Schemes

Example

A young family has a "double room" in the center. It's time, and they decided to expand their living space by purchasing "Trejcus" in another area, and still remain for the repair. At the same time, the owner of the second, wants to sell it to buy a one-room. And for the remaining money to purchase, suppose, car and country plot. So that everything is happening, you first need to find the buyer of "doubles". The advance received from him to give the second host so that he, in turn, will make it for the "odnushku". After that, there is a thorough check of documents for all three rooms. Finally, all four: three owners and the one who acquires a "double room" can meet to conclude a contract, and transfer money to each other.

Important! Everything should occur in one day.

Number of parties

This is a one-time operation for the sale of one property and buying another, with the participation of three parties, at least:

• chief buyer;
• seller of one housing;
• seller second.

Good to know! In an alternative purchase and sale of the apartment there are up to six participants.The seller of each previous object is the buyer of the following.But such long and multi-step processes are trying to divide into parts, since coordination with all parties can be strongly delayed, andthere are similarities that are extremely rare due to their complexity.

Phased financing

In this transaction, the main part makes the main buyer (cash or through a mortgage), and the rest of the parties actually change their living space with a surcharge or without. After that, contracts are concluded that obligatory Tack state registration. Participants will have to wait a bit, because all the links of this rather complex chain must be gathered from the owners and their property for sale, and everyone should find a new housing.

But there are plays here, an alternative is usually cheaper than free. When the ad says that the alternative is chosen, wait for a long time. In any case, that the amount does not change every week, it makes sense to make an advance payment. After advance, the amount will no longer change, you can safely wait and look for an alternative. Then he will only check the documents. If something is wrong with one apartment, the transaction may not register.

See also: Built a house: how to make a property

Legal norms

It is also worth knowing that according to the type of alternative selling is a notary transaction and concerns unprotected categories of the population:

• juvenile;
• trapped;
• pensioners.

To get a list of all prescribed in the apartment, it is enough to visit the EIRC with the seller, where the appropriate certificate will be issued.

Tip! Without the seller, there is no point in the center, no one will give the data without the owner in the center.

Specific features

In addition to typical situations related to the risk characteristic of a regular sale or purchase, when building an alternative, non-systematic risks may additionally occur. Sometimes there are circumstances that make the average participant arise. Suppose, already obtaining an advance, a person understands that he undertakes the price or it is elementary not enough of the funds for the one that chose. And then it can easily and without warning to disrupt the transaction. An option is also possible that someone from other participants at some point will refuse to participate. The same result can also lead to a banal inconsistency of action between the parties.

Reminder! To protect yourself from the suspension of registration, the conditions and sequence of operation must be repeatedly agreed between the participants and their representatives.

Contractual obligations

Even if all the nuances have been developed in detail, the risk at the design still remains. And this is explained, because among themselves the contracts are not legally connected and the registrar may refuse to design one of the objects. In this case, it is necessary to interrupt the process of preparing the rest. When the registration partially had already occurred, it is necessary to try to negotiate with other parties about termination. If the situation is not permitted, it is worth contacting the court with the right to restore the right to the apartment.

Definition and features

For housing with mortgage obligations, the order of the transaction remains the same. The only thing that in each credit institution has its own requirements for financial calculations and the procedure for execution, which may also affect terms. Registration, on average, passes:

• mortgage - in four days;
• normal - in ten days.

By the way! With the participation of several buyers with a mortgage, you will need to choose one financial organization or look for another real estate.

Safe calculations

Naturally, the seller is interested in the early receipt of money. Having in hand in hand, it will not be so worrying the registration process as a buyer. Which in turn is interested in transferring money only after he becomes the owner. The golden middle can be found using one way:

• bank cell;
• letter of credit;
• escrow account.

According to estimates of realtors, about 70% of people sell an apartment to immediately buy another. In the process, the seller does not receive money in hand, and through the bank passes their seller of his new apartment. Such transactions are called alternative purchase and purchase. In their holding there is nothing terrible, but there are features.

In the article, we will help you to deal with the features of alternative deals and tell how to prepare them.

What is an alternative deal

Alternative deal - This is primarily a chain of apartments related to each other. In the chain can participate an unlimited number of apartments. On average, their 3-4, although the number can grow to 10-15.

The more participants in the transaction, the greater the chances that she will delay or simply will not take place, because someone does not get to choose an alternative to his apartment. When all the chain participants found suitable options, agreed on the conditions and signed contracts, they simultaneously go to the bank and transmit payment through the chain through the bank cell. After the transfer of money, the participants give documents to MFC for registration. At the same time, everyone goes to the MFC is not necessary, since all transactions are registered separately.

In practice, from the beginning of an alternative transaction, that is, from the moment of the placement of the apartment for sale, until the registration of the transaction leaves two to six months. You may be lucky and you will fall into the collected chain, then the purchase and sale will be held in 2-3 weeks. Of these, registration in Rosreestra will take the standard 5-8 days.

Features of an alternative transaction

Chain collection

Very often, problems with the organization of an alternative transaction arise from those who independently sell an apartment. Even if you found the buyer and picked up new apartmentYou will not be able to predict how much time will take search for an alternative to your seller, and so on the chain. Often, the transaction participants simply cannot come together in conditions: travel timing, prices, etc. As a result, buyers come out of the chain and new. All this is pulling the campaign to the MFC to register a deal.

To avoid mistakes and speed up buy-sell, people seek help from specialists (realtors or lawyers). Since each participant of the chain is responsible for its portion of the transaction, he hires a specialist for himself. The task of a professional is to solve all organizational issues with other buyers and sellers.

A specialist is negotiating with potential buyers or sellers, helps to correctly evaluate the chances of the realizability of the alternative to the selected apartment, concludes the necessary preliminary treaties, so that you do not lose money.

If you participate in the finished chain, the differences from the usual purchase and sell will not see. Personally, this will be a simple deal for you, because no one will not have to wait. You will need to sign contracts and go through the procedure for state registration of the transfer of ownership.

Signing contracts

A special purchase and sale agreement for this case does not exist. For each transaction in the chain, its contract is drawn up, which is not associated with the rest. Each contract is signed separately and the registration is supplied separately.

It is allowed to conclude a contract insimple writing (PPF) or with the participation of notary. The first option is suitable for transactions that are not mandatory for a notary certificate.

• If you want to use PPF, it is better to turn to a lawyer who will check all the details of the contract.
• The notary services are needed if minors participate in the transaction, lifelong content is a contract with dependency (rent), at the apartment of several owners, etc.

Transfer of money

The transfer of money under the contract of sale passes at the same time for all participants in the transaction. And this condition does not depend on the number of participants in the transaction: there may be at least 10, at least 20. This is true for cases when the contract is not spelled out special conditions. In order of exception, you can add an item for which payment is made only after registering the entire chain of transactions.

For an unprepared person, the transfer of money is the most difficult and risky stage. It is when discussing the conditions ofasthe seller will receive payment, the most disagreements arise. Therefore, often without the help of a lawyer can not do here.

Important!Do not pass money in cash from hand in hand. Use a letter of credit or a bank cell. More about the procedure, we told in the article " " In this case, it will be possible to get money only after the state registration of the transfer of ownership. Please note that mortgage loans and means maternal capital Alternative transactions can be used under standard conditions.

Registration of deals

Registration of transactions in MFC does not require simultaneous submission of documents for all transactions from the chain. Although no one forbids this. The sides of each transaction choose the day and time and together come with ready-made documents. In the presence of power of attorney from all participants, confused persons can submit documents: relatives, lawyers, realtors, etc.

After filing, the documents fall to different state registrars. To track the connection between the apartments, the recorder cannot, so it is especially important to properly prepare documents. If one of the transactions do not register, the entire chain will pause until the problem is corrected or will not be replaced by a problem apartment.

Reference Information! Earlier in Moscow and other regions, an alternative deal of several apartments got to one registrar. He saw the connection between the Parties to the Contracts on the basis ofart. 157 of the Civil Code of the Russian Federation And with legal issues with one of the apartments, suspended the registration of the transfer of the right to all real estate in the chain. Now in the capital, registration occurs in the districts. This means that if one apartment is located in Yuza, and the other in CAO, they will be registered with different responsible persons. In this case, the purchase and sale agreements refer to Art. 157 of the Civil Code will not work.

Taxes for alternative transactions

Since in an alternative deal, sales contracts do not depend on each other, the purchase of apartments on the chain does not affect taxation - mutual deductions does not occur. We will understand what taxes are paid by the participants of the transaction.

1. Buyer does not pay taxes. His task to pay state duty For the transition of ownership from the seller to the buyer (2000 rubles) and rent bank cell (Depends on the bank). During the year, the buyer may make a tax deduction and return part of the amount spent.
2. Seller number 1, 2, 3 ... - Does not pay taxes if the apartment is owned for more than 3 years and is inherited, under the contract of donation, as a result of privatization or under the rent contract. In all other cases, the duration of ownership is not to pay taxes, should be more than 5 years. If the apartment was owned by the seller less than 3 or 5 years, the income tax is 13%.

In more detail, the issue of taxation when buying / selling apartments We have disassembled in our video: Link to video

Risks with an alternative sale and sale transaction

Inconsistency between the parties.The output of one participant from the transaction can destroy the chain or slow down it. A person can abandon the transaction for various reasons: disagreements in the price of the apartment, the time of transfer of real estate, etc. As a result, you need to look for a replacement for a retired member, which will take some time. In the worst case, other participants can begin to go out of the transaction under the influence of stress and prospects for additional expectations. To reduce the likelihood of time loss, comprehend all the terms of the transaction before making an advance:

• method of calculations- All parties must be solvent and agree to use the selected type of payment;
• bank- Take advantage of the advice of lawyers or realtors, choose banks from the top 10 or specialized bankswho are engaged in real estate transactions;
• participation of realtors and lawyers- Discuss in advance with your realtor and lawyer the features of payment of their labor;
• participation of notary- Specify the availability of encumbrances from the purchased real estate and in the case when minors are involved in the transaction, consult a notary - only he has the right to certify the sale contract.

Important! Secure all the terms of the transaction in the preliminary contract of sale before transferring an advance. Byp. 1 Art. 380 Civil Code of the Russian Federation Such a document obliges the parties to conclude the main contract of sale. Also, in the preliminary contract, the financial responsibilities of the parties are indicated in the refusal of the fulfillment of the obligations: the return of the advance payment and penalties if they are provided for by the terms preliminary contract.

Unrealized alternative.Sometimes the chain is not folded for different reasons. Here are two main:

• Inadequate requirements of one of the parties - For example, one of the sellers want an apartment with a European finish for small money Or agreed to buy real estate on which he does not have enough money.
• Too sophisticated scheme - Implement an alternative deal is difficult due to a large number of participants or chain of purchase and sale with branches. The realtor helps to assess the possibility of realizing the chain, so without attracting a specialist, alternative transactions are rarely held.

Example.Andrei wants to buy three-room apartment. He found the seller of Victor, who in return intends to purchase two odnushki. One of the two apartments Victor found. This property is also part of an alternative deal, because its seller Veronica itself is looking for new housing and can not move. The second apartment Victor is still looking for. Due to the complex scheme, Andrei will give half a year, and then will come out of the transaction.

Partial registration.Registration of all transactions in the chain is not always happening at the same time, so moving to a new apartment can delay. Due to burdens or incorrectly executed documents, a refusal can come to one of the contracts in the chain. In such a situation, making money is delayed by the Seller, because in the face of the contract of sale, it is often prescribed to pick up payment only after registering all transactions in the chain. To avoid risks, we recommend to carefully check all documents before submitting for registration. If you doubt, ask for help to lawyers. They will appreciate the terms of the transaction and all documentation. Read about other risks in our article " ».

What documents are needed for sale

Mandatory documents

1. Passports of all owners (vendors) apartments.
2. Apartment purchase and sale agreements in three copies (instance for the seller, buyer and Rosreestra).
3. A document confirming the ownership (gift, sales contract, certificate of the right to inheritance, etc.).
4. The permission of the guardianship and guardianship authorities if minor children participate in the transaction.
5. The consent of the spouse for the sale of an apartment if the property was acquired in marriage. It is required even if the pair is divorced. The agreement is not necessary if the housing was obtained in the property under the contract of donation, inheritance and as a result of the privatization of the apartment on one of the spouses.
6. Extract from the house book to check the number and age of people prescribed in the apartment.

Preferably but not necessarily

• Paid utility bills (extract from the personal account).
• The technical passport of the apartment to check if there was no disappointed redevelopment.
• Extract from EGRN to make sure the Rights of the Seller on the apartment.
• Certificates of the legal capacity of sellers from psycho-neurological and drug treatment dispensers.

Carefully treat items and follow the tips.

• Carefully appreciate the timing of the chain: specify the number of participants, the degree of readiness of the documents, the ability to immediately move from sold by living space, etc. If the participants are not ready for the transaction, tighten the deadlines or get out of the chain, try searching other apartments.
• Be extremely attentive when signing the preliminary contract and making an advance. This is one of the most important stages of the transaction. Better contact specialists. It will help you avoid mistakes and keep your nerves.

Alternative sale is not a great difficulty. To refuse favorable sentences Do not. This is a normal practice, besides, the participants of the chain often go to large discounts to quickly close the deal.