What documents are needed to buy and sell an apartment? How to sell an apartment: detailed instructions. When purchasing from a developer

The list of documents required when selling an apartment from the seller depends on the specifics of the transaction and the source of payment. When paying with your own funds and borrowed funds, the package of documents is different. It is necessary to first collect documents to register and verify the purity of the transaction. Then you will quickly close the deal and get your money.

Only the official owners of the residential premises have the right to conclude an agreement for the sale of an apartment. These are the persons indicated in the Unified State Register extract or certificate of ownership. But in some cases, the property owner cannot act as the seller or be present at the time of the transaction. Due to various circumstances. Then a legal representative acts on his behalf using a notarized power of attorney.

All adults with legal capacity can act as the seller's party to the transaction. If the owner of the apartment is a child, everything is determined by his age. If the child is under 14 years of age, parents or guardians act on his behalf. If a child has already reached 14 years of age and has received a citizen’s passport, he has the right to act on his own behalf. In this case, its representatives must express their consent in writing.

Required documents

There is a list of documents without which it is impossible to conclude a deal and apply for registration of rights. But it largely depends on the source of the money that goes to pay for the property. All documents can be divided into main and additional. Basic documents are required for direct registration of the transaction in Rosreestr. They are always required.

The list of main documents looks like this:

• passports of all owners and birth certificates of children under 14 years of age;
• apartment sale agreement;
• permission from guardianship if the owner is a minor;
• consent of the spouse if the housing was purchased during marriage;
• notarized power of attorney, if the seller cannot personally participate in the transaction;
• extract from the Unified State Register or certificate of ownership;
• act of acceptance and transfer of the apartment, signed by both parties.

When an apartment is bought for cash

This is the simplest option for completing a transaction. To register an agreement with Rosreestr, you must provide a basic list of documents. But the buyer can check the legal purity of the transaction and request the following package of documents:

1. an extract from the personal account, which will confirm the absence of rent debts;
2. technical passport for housing;
3. an extract from the house register indicating registered persons;
4. archival extract from the house register indicating those previously registered;
5. extract from the Unified State Register;
6. certificate from a narcological and psychoneurological dispensary.

If the buyer does not have his own funds, he turns to the bank to obtain a mortgage. The loan specialist will carefully check the property and require an additional package of documents. Each bank has its own list of required documents. But in general it is the same for many. The main list required for registering rights in Rosreestr remains standard.

The bank may request the following documents to confirm the legal purity of the transaction:

• preliminary agreement to conclude a transaction;
• receipt of deposit;
• archival extract from the house register;
• an extract from the personal account confirming the absence of debts on utility bills;
• certificate of absence of debts for telephone, internet and intercom;
• technical passport of the apartment;
• permission from guardianship;
• certificates from all owners from drug treatment and psychoneurological dispensaries.

When an apartment is bought with maternity capital

In this case, additional documents will also be required. Maternity capital will not be provided until the apartment being purchased is thoroughly checked. First of all, the owner will have to open a current account with Sberbank to transfer funds from the Pension Fund. This kind of money is not handed out.

Standard documents will be required to register data about the new owner of the apartment in Rosreestr. The following additional documents are submitted:

1. preliminary agreement for the sale of real estate;
2. receipt for receipt of the deposit;
3. an extract from the house register, which indicates all persons registered in the apartment;
4. extended (archival) extract from the house register indicating previously registered persons;
5. an extract from the personal account confirming the absence of debts;
6. certificate of absence of debts for intercom, telephone and Internet;
7. technical passport of the apartment;
8. certificate from all owners from drug treatment and psychoneurological dispensaries.

If minors act as the owner or co-owner of the apartment, a sales permit is required. It is issued by the guardianship and trusteeship authorities. It does not matter whether the minor owner is the sole owner of the property or owns only a share.

Permission must be obtained so as not to infringe on the child’s rights. This is necessary so as not to worsen the living conditions of the minor. Typically, guardianship authorities refuse to sell real estate unless a new home is purchased. However, it should not be worse than the previous one.

To obtain permission, the child's representatives must appear before the guardianship authorities. These persons may be parents or legal guardians. Parents must act together, even if they are divorced or previously unmarried. The following is submitted to guardianship along with the application:

• birth certificate for children under 14 years of age;
• passport of a child who has reached 14 years of age;
• an extract from the house register indicating the place of registration of the child;
• extract from the Unified State Register for the apartment;
• registration certificate for the apartment being sold;
• registration certificate for the purchased apartment.

Only the owner of the residential premises has the right to order a technical passport. This can be done upon personal application either through the BTI or through the MFC. This period is given to check the new living conditions so as not to infringe on the rights of children.

Parents or guardians draw up an application to consider the sale of old real estate and the purchase of new housing. A form to fill out will be provided by a guardianship official. The application is considered within 14 days. This period is given to check whether children will not have their rights violated. On the appointed day, you can pick up a written permit, certified by the seal and signature of the responsible person.

Important nuances

The procedure for concluding an agreement for the sale of an apartment has not changed. But you must be guided by the following important points:

1. It is necessary to draw up a transfer and acceptance certificate. It is needed to confirm the actual transfer of real estate from the old owner to the new one. This document contains information that the seller has received payment for the apartment from the new owner. The document is signed by both parties.
2. If registered persons remain in the apartment, their list is indicated in the contract. It is also indicated whether these persons can retain the opportunity to live after a change of ownership.

Thus, you should prepare the necessary documents in advance, regardless of the transaction option. In this case, you will be able to sign the contract much faster and receive your money.

If you are thinking about selling your apartment in the near future, now is the best time to start collecting documents for the transaction.

This will allow you, once a buyer is found, to register the deal immediately and receive cash soon.

And buyers, as a rule, do not really like to wait until the owner collects all the necessary papers. Therefore, you need to be fully armed and know what documents are needed to sell an apartment.

We will talk about what documents are needed to buy and sell an apartment, where to get them and how much it costs in this article.

Let's look at what documents are needed to sell an apartment. The first nuance that is worth paying attention to is the validity period of many documents.

About half of the standard set is unlimited, some must be received several weeks before the transaction, and some are valid for about three months.

In order not to run through authorities ten times, it is advisable to make statements with a limited validity period immediately before entering into a deal.

But everything will depend on the buyer: someone will agree to see an extract from the house register during the transaction, and someone may request it at the stage of making a decision to purchase.

List of documents for the purchase and sale of an apartment:

1. Homeowner's passport(or all owners, if the apartment belongs to more than one owner). Original, valid, without any extraneous marks that might invalidate it.
2. Documents confirming the basis for the emergence of property rights to housing. These are: a will, a certificate of inheritance, a housing privatization agreement, donation, exchange, purchase and sale.
3. Certificate of ownership. If you did not receive it when registering the transaction, or lost it, you will have to restore it. An unregistered transaction of gift or inheritance will not allow you to dispose of the area, since in fact you are not its owner.
4. Cadastral passport of the apartment. Contains information about the cadastral value of the property, the plan of the apartment, information about its footage, and the cadastral number. You can order an extract from Rosreestr: online (informational) or in paper form with a stamp (needed for the transaction).
5. Technical data sheet and explication. It is not required directly for the transaction, but is necessary when communicating with the buyer. Reflects all redevelopments, if any, and their legality.
6. Certificate from the tax service. Confirms that there is no property tax debt.
7. Certificates from housing and communal services and management companies. Confirm that there is no debt for utilities (electricity, gas, water, telephone, rent).
8. Statement of the apartment's personal account. Confirms the absence of rent arrears, obtained from the housing and communal services accounting department. Must be certified by the boss (signature and seal). Without this it is invalid.
9. Extract from the house register. Provides information about all persons registered in the apartment. Before the purchase and sale transaction, everyone registered in the area must check out. This is done only after the buyer has made an advance payment. It’s not worth checking out earlier, especially since deals tend to fall through.
10. Extract from the Unified State Register. Shows the “history” of the apartment: change of owners, presence, removal or absence of encumbrances.
11. Consent of the spouse to the transaction, certified by a notary. Required if the apartment was purchased during marriage. Even if you are divorced, you will need it. It is not required if the apartment was received as a gift, transferred by will or inheritance, as well as if there is a marriage contract between the spouses.
12. Consent of guardians and guardianship authorities to the transaction. Required when the owner of the property or one of the owners is a minor.
13. Certificate from a psychoneurological and drug addiction clinic. Confirmation of the adequacy and capacity of the seller. Usually required during a mortgage transaction or if the buyer has doubts. A regular driver's license may be suitable instead. If a certificate is required, it is ordered for a fee at the specified dispensaries.

This is the main list of documents that you will need for the alienation transaction.

Selling an apartment for cash

Now let's talk in more detail about options for selling a home, and additional documents that may be required for this.

When selling a home for cash, the seller will need documents according to the list above, and the purchase and sale agreement itself. If an advance payment was made for housing, then a receipt confirming the transfer of the advance payment.

An agreement on the payment procedure is also drawn up directly at the transaction.

The seller may require full payment when signing documents, or receive funds after the official registration of the transfer of ownership occurs. In the latter case, the money is usually placed in a safe deposit box rented by the buyer.

The lease agreement will need to be attached to the documents listed above. It will be possible to gain access to the money after the seller and the buyer come to the bank and present a document allowing access to the funds. This is usually a certificate of title issued in the name of the buyer.

If the settlement is made on the day of signing the contract, include in it a clause on the procedure for returning funds if the transaction is not registered for some reason.

Selling an apartment with a mortgage

During a mortgage transaction, it is usually necessary to collect a very impressive list of documents.

Without them, the bank simply will not allow the parties to enter into a deal.

In addition to the standard package of documents, the following documents will be required:

• Certificate of appraised value of the property. As a rule, the buyer pays for the assessment, but on your part you will need to provide the appraisers with access to the apartment at the appointed time. Remember that the appraised value of the property may differ from the one you set when selling.
• Certificate from the PDN and ND (psychoneurological and narcological dispensaries). In a mortgage transaction, presentation is strictly required, as this is a requirement of the bank.
• Real estate insurance contract. The buyer pays for the insurance immediately before entering into the transaction. Typically this is insurance against the risks of loss of ownership and damage to housing.
• Marriage contract. If you are married and you purchased the apartment during this period. Submitted upon availability.

Advance received. “The ice has broken, gentlemen of the jury!” – we expressed respect to ourselves, and thought about what we should do next.

To do this, we will have to go through different authorities, hang around in queues, and collect various pieces of paper. It's boring, it's boring, but it's necessary. This may take more than one week.

True, it is possible to entrust this exciting activity to people specially “tailored” for this by registering for them power of attorney to collect documents . Such services, specializing in collecting documents for selling apartments , exist in many large cities: both in law offices and in real estate agencies.

But still we will have to receive some papers in person ( for example, Permission from guardianship authorities).

And, by the way, do not forget that some documents have an expiration date ( so you don't have to run after them twice).

What documents are required to sell an apartment?

List of documents required for selling an apartment (see below) will depend both on our subjective situation with the apartment ( pledge, mortgage, family composition, rights of relatives, etc.), and from the wishes of our Buyer. Let us explain what we are talking about.

The fact is that some documents are not required for registration apartment purchase and sale transactions (those. doesn't require them), but they may be important for the Buyer, confirming information for him, and they may also be requested by the creditor bank ( if our Buyer uses). Let's look at this in order.

TO mandatory package of documents , necessary for registering the sale of an apartment, which we will need in any case ( at the request of the registrar) relate:

1. obtaining ownership of our apartment
   - This is our main title document, which determines on what basis we have the right of ownership. For more details, see the link;
2. 
   — We will sign this agreement with our Buyer before registration - more on this in the next steps of the INSTRUCTIONS;
3. Our apartment owner's passport ( Seller's passport)
   — If we sell an apartment by power of attorney, then in addition the power of attorney itself will be needed;
4. Application for state registration
   — We will write this statement immediately before submitting documents for registration;
5. Receipt for payment of the state fee for registration
   — This receipt is issued at the place where documents are submitted for registration.

Other documents To complete a purchase and sale transaction, we may only need apartments in some cases ( more about this below).

By the way, which many Buyers still demand out of habit, today no longer has any practical significance. Why? More details - follow the link.

When preparing documents for the sale of your apartment, we, of course, proceed from the fact that our registered in Rosreestr , otherwise the transaction will not be completed.

But it happens that a person has actually owned an apartment for a long time ( for example, I inherited it from my grandmother), and did not register his right ( there was no need), that is, he did not submit documents for registration. If this is our case, then we should have taken care of this in advance, even before searching for a Buyer. Register yours ownership V Rosreestr You can either do it yourself or with the help of kind people who offer such services.

Besides mandatory package of documents, necessary for the sale of an apartment ( see above), we may need a few more additional papers ( see below). Some of them will be required by the registrar in some cases for his registration actions, and some will only want to be seen by the Buyer in order to ensure the “legal purity” of the apartment. The composition of these additional documents will depend on the details of the specific transaction.

Let's take a closer look at these options.

Additionally we may need ( or not needed - depending on the situation) the following documents for registration of sale of an apartment:

A. At the request of the registrar (additional documents):

• 
  — It will be needed if our apartment is not registered in the cadastral register. It may also be required by the creditor bank (in the case of a mortgage) and the Guardianship and Trusteeship Authorities. For more details, follow the link (including how to find out whether an apartment is registered in the cadastral register);
• 
  — We will need such a document if the apartment was purchased by us during marriage, but is registered in the name of only one of the spouses. Instead of “consent,” we can submit to the registrar a marriage contract, or a Division Agreement, or a Court Decision on the division of property (if it is required to confirm the presence/absence of the spouse’s rights to the apartment being sold);
• 
  — If a minor child has rights to the apartment. More details - follow the link;
  We will need the same certificate in the case where we have a family member among the owners of the apartment, limited by the court in.
• Written consent of the creditor bank for the alienation of the apartment
  - If our apartment is mortgaged against a bank loan, and we have not yet repaid the loan;
• Consent of the annuity recipient
  - Only for the case when we own an apartment on the basis of a Lifetime Maintenance Agreement with dependents;
• Document confirming that we have notified other participants
  - This is if we sell our share in the apartment.

In certain regions of the Russian Federation local branches Rosreestr may also require a signed document as part of the package of documents for registration Transfer and Acceptance Certificate apartments. Formally, this is an illegal requirement and illogical for the parties to the transaction, but in practice this sometimes happens.

B. At the Buyer’s request (additional documents):

• 
  — This is the first thing our Buyer will want to see in order to make sure who is the real owner of the apartment according to Rosreestr. This Extract from the Unified State Register The buyer can order independently, without our participation;
• or even an Extended (archival) Extract from the House Register, or
  — This will show the Buyer who lives (registered/registered) and previously lived in our apartment. For more information about this, see the links;
• Copy of financial and personal account and/or Certificate of absence of debts on utility bills
  — This will convince the Buyer that there are no debts for housing and communal services in our apartment.
• 
  — If our Buyer wants to be sure that we do not have mental disabilities, and we are fully capable of completing the purchase and sale transaction of an apartment;
• Apartment valuation certificate
  — If our Buyer uses to purchase
  — We will need this Act no less than the Buyer, since by signing it, we relieve ourselves of responsibility for the condition of the apartment and for paying utility bills (more on this later in the steps of the INSTRUCTIONS);
• 
  — This receipt serves as confirmation to the Buyer that he has fulfilled his obligations to pay for the apartment in accordance with the contract.

These additional A meticulous Buyer may require documents from us to complete the picture and reduce their risks, as well as at the request of their creditor bank ( in the case of a mortgage). There is no point in resisting this, his demands are reasonable, and it will not be difficult for us to obtain these certificates.

Where and how to obtain these papers, what they look like and what information they contain is shown in the corresponding links leading to the directory ( Realtor Glossary). We show the buyer the original certificates and documents and provide copies ( let him make the copies himself so that he can feel safer).

So, we collected the entire package of documents and showed it to the Buyer, convincing him that we are of sound mind and good memory, that we own the apartment by full right, and that we sincerely wish him happiness and prosperity if he buys our apartment.

The question arises: how will we get money from him? The amount is not small!

More on this in the next step.

There are three ways to register the purchase and sale of an apartment: independently, through a notary or with the help of an agency. The first method is the most risky. However, each of them requires the conclusion of an agreement and its mandatory registration with Rosreestr.

The process of selling an apartment occurs in stages. Moreover, each stage has its own characteristics and nuances.

The purchase and sale of an apartment implies a regulated procedure in which one party undertakes to transfer residential premises for permanent possession and use to the other party for a monetary payment.

The purchase is carried out by concluding a transaction according to the following scheme:

1. searching for an apartment, checking its legal “purity” (no encumbrance);
2. discussion of conditions, conclusion of a preliminary agreement;
3. making an advance payment (by agreement);
4. preparation of documents;
5. conclusion of the main agreement;
6. registration of property rights in Rosreestr by the new owner;
7. signing the acceptance certificate, making payment.

In this case, you can register the purchase and sale of an apartment in three ways:

• on one's own;
• at a notary;
• at the agency.

On one's own

Self-registration is the conclusion of a purchase and sale transaction between two individuals without the participation of a realtor or real estate agency. It assumes:

• execution of the contract in simple written form;
• failure to register the title document (purchase and sale agreement) with a notary;
• independent submission of all necessary documents to Rosreestr.

There are risks associated with this sales scheme: ordinary citizens are not always able to correctly draw up a contract and comply with all legal nuances. To carry out a competent transaction, legal knowledge and awareness in the process of selling an apartment are necessary. Their absence may result in the contract being declared invalid.

Table 1. Costs for independently completing a purchase and sale transaction

Note. The prices shown in the table are approximate. They may differ slightly from existing ones.

At the notary

It involves the conclusion of an agreement with its subsequent notarization. Such a document becomes legally significant and has a legal basis. In addition, the notary:

• bears responsibility for the correctness of the contract;
• will advise on the documents necessary to conclude a transaction;
• will talk about the risks and nuances of buying and selling.

Cost of registering a contract with a notary:

1. one percent of the transaction amount (if the cost of the apartment is up to 1,000,000 rubles);
2. ten thousand rubles + 0.75% of the total transaction amount (if the value of the object of sale is more than a million).

At the agency

Selling real estate with the help of agencies is the most common. More than 80% of citizens use this sales scheme. This trend is associated with legal security and guarantee of the legality of the transaction.

As a rule, the agency takes care of all the preparation, providing assistance in preparing the necessary documents. In this case, the realtor:

• searches for a suitable apartment;
• negotiates with the property owner;
• negotiates terms with the seller based on the client’s wishes;
• draws up an agreement;
• provides instructions on how to correctly fill out documents;
• is present at all stages of the transaction;
• performs other actions of a legal nature when selling an apartment.

The downside is the high price for agency services. On average, it ranges from two to five percent of the cost of housing.

Transaction options

There may be several options for conducting a transaction. As a rule, this is a purchase and sale:

• apartments;
• shares;
• carried out between relatives.

Buying and selling an apartment

Buying and selling an apartment is the most common option (compared to selling its share and room). Peculiarities:

1. Number of owners. Sometimes the selling party is not one person - there may be several homeowners. Each of them must give their consent to the sale of the apartment. In this case, the owners personally sign the agreement in the presence of all participants in the transaction.
2. Housing encumbrance. It is better to check its availability before signing the contract.
3. Minor children.- the procedure is complicated. This is due to obtaining permission to conduct a transaction from the regulatory authority for guardianship and trusteeship.
4. Taxation. The tax is imposed on real estate that has been owned for less than five years (less than three years in the case of a gift, privatization, or a lifelong maintenance agreement with a dependent).

In addition, you can buy an apartment:

• in the secondary real estate market;
• in a new building;
• in a building under construction.

In each of these cases, drawing up an agreement is an integral part of concluding a transaction. However, it is important to take into account that in a new building there are obviously no housing encumbrances, which means that there are significantly fewer risks when purchasing.

If the apartment is not new, there is a possibility of purchasing a home with a trailer. Therefore, it is possible to correctly buy an apartment on the secondary market only if all documents are carefully checked.

Purchase and sale of a share in an apartment

Selling a share in an apartment is not that common. They sell the least on the real estate market. This is due to low demand and lack of large supply.

Many people do not risk buying a share, because in this case the new owner will have to share the living space with strangers. Therefore, most often the share is sold to relatives or friends.

In addition, the alienation of a share has a peculiarity: before the sale, the owner of the apartment is obliged to offer to buy the share to other owners, whose pre-emptive right to buy is regulated by the civil code. Wherein:

• The proposal must be made in writing. Registration with a notary is not mandatory, but in some cases it can serve as significant legal assistance. In addition, it is better to send the document by mail with a receipt and an inventory of the contents.
• In case of refusal or lack of response within a month, the owner of the share has the right to sell it to third parties.

Buying and selling between relatives

Buying and selling an apartment between relatives is rare. Most often, alienation occurs through a gift or a will.

However, if citizens decide to make such a transaction, the following nuances should be taken into account:

1. The need to pay tax on the cost of housing (if the apartment has been owned for less than five years and costs more than 1 million rubles). Many people resort to cunning and indicate an amount significantly lower than its real value. However, the tax authority exercises control over transactions. If the specified amount is below the market and clearly underestimated, the tax will be increased and penalties will also be required.

Note. In this case, it will not be possible to obtain a tax deduction, since Article 220 of the Tax Code states that in order to receive it, the buyer must not be a relative of the seller.

1. Property division. If the apartment was purchased by a married citizen, the purchased housing will be considered jointly acquired property. Accordingly, during a divorce it will be divided between the spouses.
2. The formality of the transaction. Often, housing between relatives is sold under a sales contract without the actual transfer of money, and one of the parties continues to live in the apartment by agreement. But it is worth remembering that if the new owner decides to evict a relative, he will be able to do this without hindrance, the law will be on his side.

Deadlines

When selling an apartment, the terms of the contract are negotiated by the parties. The interval between signing the preliminary contract and the main one may vary. Contractors independently set its duration.

However, when registering property rights, the new owner of the apartment should know that the government body determines its own deadlines for carrying out the procedure. Its duration is:

• in Rosreestr - ten days;
• in the Multifunctional Center - up to seven days.

Requirements for the content of the contract

The essential terms of the purchase and sale agreement are its subject matter and the price of the apartment. This means that without providing this information, the contract will be considered not concluded.

The subject is considered to be a living space - its area, parameters, location. The price indicated is the real one, the one for which it will be sold. It is not permitted to deliberately reduce or inflate the cost if the apartment is actually sold at a price lower than in the contract.

Note. The agreement is concluded in simple written form. It must contain the rights and obligations of the parties, as well as the terms of the transaction.

The contract also states:

• personal personal data of the parties (full name, their registration, date of birth, passport details);
• detailed description of the object (area, location, number of floors, etc.);
• housing costs;
• absence of encumbrances, arrests;
• the presence of redevelopment and its design.

In addition, attention should be paid to the point about persons registered in the apartment. If they exist, the buyer must decide whether he is ready to buy an apartment with an encumbrance.

The document is current for 2017.

Required documents

The documents necessary to conclude the transaction are prepared by each party. Some of them require notarization.

Documents for the seller

Table 2. Documents for registration of purchase and sale provided by the seller

Documents for the buyer

Table 3. Documents for registration of purchase and sale provided by the buyer

Where are documents submitted?

Not all buyers know where to draw up an apartment purchase and sale agreement and where to submit documents. It can be registered in:

• Rosreestr;
• Multifunctional center.

This is a mandatory stage, without which the transfer of ownership rights will be impossible.

What to check before concluding a transaction

Before concluding a purchase and sale transaction, it is necessary to check:

• seller;
• authenticity of documents;
• the presence of an encumbrance on the apartment.

Verification of apartment owners and seller

Before finalizing the transaction, an important step is to vet the real estate seller. To do this you need:

1. View the seller’s passport to ensure its authenticity.
2. Find out about the number of owners of the apartment, as well as the basis for its acquisition. The specified information is provided in Rosreestr.

Note. If the apartment was inherited by the seller, you should ask the notary about the presence of other heirs.

1. If the owner of the apartment and the seller are different persons, it is necessary to check the availability of a power of attorney giving the latter the right to alienate the apartment. However, it must be notarized.

Authenticity of documents

The authenticity of documents is a key point that you should pay attention to when buying an apartment. Forged and invalid papers can cause an illegal transaction, which will subsequently lead to litigation and invalidation of the contract.

Particular attention should be paid to the reliability of such documents as:

• the agreement on the basis of which the seller received the right of ownership (agreement of gift, purchase and sale, exchange, inheritance, etc.);
• certificates confirming the absence of housing encumbrances (list of persons registered in the apartment);
• mortgage agreement (if the property was purchased with a mortgage);
• seller's passport.

Forgery of these documents will mean that they are trying to sell the apartment illegally.

Availability of an encumbrance on the apartment

An encumbrance is an imposed restriction on an apartment that exists regardless of the change of owner. Such housing is difficult to sell. Therefore, many sellers resort to tricks, keeping silent about its availability.

Note. Information about the presence of an encumbrance is indicated in an extract from the Unified State Register of Real Estate (USRN).

Table 4. Types of housing encumbrance

Procedure for completing a transaction

The procedure for buying an apartment goes step by step:

1. Conclusion of an agreement and its registration.
2. Transfer of apartment.
3. Payment.

Conclusion of an agreement

The conclusion of an agreement is an important stage in the transaction. Before signing it, all essential conditions affecting the procedure and cost of alienation of the apartment are discussed.

At the initial stage, the seller and buyer draw up a preliminary agreement in which they agree on the terms of the date of sale and its amount. This document is a kind of “reservation” of the purchased apartment, expressing the parties’ intention to enter into an agreement.

After this, the seller prepares documents and draws up the text of the main contract. This procedure should be treated with extreme caution. Any errors or inaccuracies in the contract may have legal consequences in the future. This is especially true for the item on the cost of housing.

Note. Many sellers use a trick and insist on specifying a lower price in the contract. The argument is the seller’s reluctance to pay tax. However, you should not agree to such conditions - if the contract is terminated, the buyer will be the injured party. It will be difficult to prove in court that he paid more. Most likely, he will be returned the amount specified in the contract.

After drawing up the contract, the parties sign it. In this case, all parties to the transaction must be present at the time of approval.

Transfer of apartment

The transfer of the apartment is carried out by signing a transfer deed. In fact, it means that the buyer has no complaints about the condition of the apartment, and also confirms the fact of the transfer of keys and documents for the purchased housing.

Transfer deed:

1. Compiled in simple written form.
2. To be filled out in free form.
3. Does not require notarization.
4. Contains information about the condition of the housing, its address, as well as the date of compilation, personal data of the parties and their signatures.

Note. The transfer deed should be signed after registering ownership of the apartment. This will guarantee that the documents are registered and are not returned for revision.

Transfer of money

After signing the contract and deed of transfer, as well as registration in Rosreestr, the final stage is carried out - payment.

You can pay for your apartment in one of the following ways:

• safe deposit box;
• cashless payments;
• bank account.

The first method is the most popular. Payment is made legally and safely.

Note. When making payments, you should take a receipt from the seller confirming that he has received the funds. The document is drawn up in free form and is confirmation of payment.

State registration of transfer of rights to an apartment

Registration of the transfer of ownership of an apartment is a mandatory component of transactions during the alienation of housing. In its absence, the sale will be considered unfulfilled, and the buyer will not become the actual owner of the apartment. But not everyone knows where to draw up an agreement.

For the registration procedure, you must submit documents to Rosreestr or the Multifunctional Center. But at the same time, registration of the purchase and sale of an apartment in the MFC occurs faster - within a few days.

Documentation

Table 5. Documents required for registration of ownership

In what cases can it be refused?

The reasons for refusal can be very different. As a rule, this is a failure to submit one of the required documents.

Table 6. Frequent reasons for refusal to register property rights in Rosreestr

Nuances

A purchase and sale transaction has its own nuances that should be taken into account when concluding it.

Possible risks when buying an apartment

The main risk is entering into a transaction with a fraudster. In this case, the only solution is litigation. However, deceived buyers are not always able to protect their rights through the courts. Therefore, possible risks should be taken into account:

1. Violation of the rights of minors. Before the transaction, you must make sure that children under 18 years of age are not registered in the apartment. Especially if they are left without parental care.
2. Violation of the rights of former spouses. If the apartment was purchased by spouses during marriage, but was privatized in favor of one of them, the second spouse has the right to reside even after the sale. In this regard, there is a risk of purchasing housing with a “permanent occupant”.
3. Violation of the rights of registered citizens. Encumbrance in the form of persons registered in the apartment and having the right of permanent residence (those who refused privatization, living under a rental agreement or testamentary refusal, etc.).
4. Recognition of the seller as incompetent. If the seller is found incompetent by court, the purchase and sale transaction may be invalid.
5. Availability of heirs. If the apartment belonged to the seller on the basis of inheritance, there is a possibility that other persons may also lay claim to it.
6. Deception by the seller. Cases of fraud are not uncommon. Before signing the contract, you should carefully check all documents.

What you should pay attention to

The transaction is as simple and safe as possible if, before concluding it, you pay attention to:

1. Seller ID. You can check its authenticity on the Ministry of Internal Affairs website.
2. The accuracy of the specified address. Sometimes sellers show buyers a completely different apartment than the one they are selling. The location of the housing must match the address indicated in the Rosreestr extract.
3. Compliance of data from the Unified State Register of Real Estate with the title document (sale and purchase agreement, gift, etc.). The information in these documents should not differ.
4. Having debts. They must not be present in the apartment you are purchasing.
5. Number of sales transactions. If the owners of the property change too often, this may indicate a “problem” apartment, which they are trying to sell soon after purchase.
6. Authenticity of the power of attorney. If the transaction is concluded by power of attorney on behalf of the seller, you should check the document with a notary before concluding it.
7. Low cost of the apartment. As a rule, excessively low prices are not unreasonable. You should not trust such “profitable” offers.

New rules for selling an apartment

Real estate legislation does not stand still. Every year, more and more laws are adopted aimed at regulating the process of selling homes.

Over the past couple of years, new rules have appeared:

1. Mandatory certification of the contract by a notary when selling a share in an apartment. Until this time, the procedure was carried out at the request of the parties.
2. It is also necessary to notarize documents when dividing property in marriage (nuptial agreement, agreement, etc.).
3. From January 1, 2016, a tax of 13% is levied on the sale of real estate owned for less than five years. An exception is made for some of the grounds for purchasing housing, such as: donation, inheritance, privatization, lifelong maintenance agreement with a dependent.
4. Two procedures (cadastral registration and registration of property rights) can now be carried out simultaneously. Duration - 10 days.
5. The only case of refusal to accept documents is if the identity of the applicant is not established. But if the package of documents is not complete, registration will be suspended or denied.

pros

Innovations have more advantages than disadvantages. The legislator seeks to regulate the procedure for selling housing as much as possible by tightening the requirements for documents. They must not only be genuine, but also designed in accordance with established standards. Many of them are subject to notarization.

Thanks to this, transactions have become more legally “clean”, and fraudsters are less and less likely to sell housing illegally.

In addition, much attention is paid to transactions with minor children. The state protects the rights of children with redoubled force, which is a definite plus.

Minuses

As before, the main disadvantage is taxation when selling a home. It is this condition that gives rise to many fictitious and illegally executed transactions. The situation worsened after the period of ownership of property under which it is subject to tax was increased to five years in January 2016. These changes affected the purchase and sale agreement and did not attract approval from citizens.

Higher education. Orenburg State University (specialization: economics and management of heavy engineering enterprises).
September 19, 2017.