Buying an apartment is one of the largest deals in the life of a citizen. Dreams of new living space can touch the mind and interfere with the evaluation of the situation situations critically. And if the other side of the transaction is professional fraudsters, then the ability to see the problems is practically excluded. Check legal purity Apartments that ensure the inalienable right of the buyer for this accommodation, only a lawyer with experience in this area is capable of. Specialists of the company "Assistance" guarantee a qualitative check that provides full purchase transparency.
The cost of checking the legal purity of the apartment
Grounds for cancellation by a court decision
The purchase procedure implies the provision of a number of documents. You can evaluate the legal purity of the residential facility yourself. But for this you have to get acquainted with a number of papers and make sure that the circumstances that allow judicial order cancel the purchase, no. These include:
- signature of persons who are not capable at the time of signing the contract or limited in such rights;
- registration under pressure, threat, in a state of misconception about the real content of documents;
- signature of the person who is not aware of the consequences of his actions that are not in the right mind;
- violation of the rights of juvenile for privatization;
- violations of legislation in past transactions;
- encumbrances of property, arrests, pledge or documented obligations;
Signs of "Dangerous" Apartments "
The experience of the specialists of the company "Assistance" made it possible to draw up a list of aspects that are signs of the "dangerous" transaction. These apartments require a thorough and comprehensive check. Will be applied for an assessment of cleanliness to a competent expert with practical experience and connections in public services needed in each of such cases:
- the apartment often passes from hand to hand;
- the owner got housing as a gift from the not a relative of a man and immediately put it on sale;
- in the regional accounting registry, minors appear;
- the object in the past was sold by proxy;
It is in these cases that the acquirers can expect unpleasant surprises: Court and Cancellation of the transaction, as a result of which he will lose and housing, and cash.
Stages of the work of a lawyer
Experience experience legal company "Assistance" allows, even on the first consultation, when studying documents, note all potentially problematic moments and pay attention to them by the buyer.
Lawyer's work includes:
- verification of guidelines for determining the legality of the actions of the owner;
- study of the history of the apartment to exclude the facts of illegal actions in the past;
- assessment of the quality of the apartment and its compliance of the BTI documentation;
- determination of potentially circle of persons who have legal right to the apartment.
All real estate agencies offer such a service as checking the legal purity of the apartment or the history of the apartment. If they say that the apartment is clean, then imply that there are no legal obstacles to the transaction that the ownership of an apartment is not limited to forbids or encumbrances, and that there is no reason for the disposal of the legality of the transaction and recognizing it invalid.
How does the Realter check the legal purity? In most cases, it is enough to read the documents prepared for the transaction, they contain all the necessary information. And the verification is reduced to the authentication of documents and their correct reading. The advantage of the Rielter is that he can read correctly, that is, knows what exactly needs to be paid attention.
The whole history of the apartment is contained in the house book and the Unified State Register of Rights real estate and deals with him. Today, the only legitimate and pretty reliable way Checks - get an extract from a single state register of rights to real estate and transactions with it (USRP), or - a certificate from the city bureau of real estate. Of these, you can learn about the composition of the owners of the apartment, as well as whether it is under arrest or encumbrance of pledge and rent ...
From January 31, 1998, the rights to immovable property and some transactions with it are registered in the Special Registry - the Unified State Register of Rights to Real Estate and Transactions with Him. Before this date, the registration of real estate transactions was somewhat different, through the BTI, the urban real estate bureau.
Thus, the legal purity of real estate, the rights to which are registered after this date, can be checked by taking an extract from the USRP. If the rights to real estate arose until January 31, 1998, then in order to obtain information, you should contact
Extract from the USRP for all without restrictions
So, if you are going to buy real estate, then, first of all, it is necessary to check the legal purity of the acquired housing.
To do this, ask the seller from an extract from a single state register of rights to real estate and transactions with it.
The first thing to pay attention is the term of issuing such an extract. An extract must be "fresh." The optimal option so that the extract was issued literally "just." That is, the seller received an extract and immediately presented it to the buyer for familiarization. Remember: the fresh extract, the most uply the information contained in it.
If the seller cannot or does not want to show you an extract, you can get it yourself. This is quite simple, while you will need a minimum of documents and cash costs. If you order an extract as individual, I need a document certifying the identity and payment document.
But the legal entity will have to submit more documents to obtain an extract, namely the Charter, the Constituent Agreement, the certificate of registration, the power of attorney, if the representative is operating, again, the payment document, etc.
We read an extract
Extract from the USRP, which is provided to any applied, contains the following information:
name of the body implementing state registration rights;
the date of signing of the statement, as well as the outgoing number;
cadastral (or conditional) Number of the property;
appointment of real estate object;
address (location);
the data on the right holder (copyright holders, if the right of common property is registered);
type of registered law;
registered limitations (encumbrances) of law, including the date and number of their state registration, the timing of which they are established, as well as data on persons in whose favor they are established;
FULL NAME, or name of the person who addressed the discharge.
Risks when buying an apartment on the primary market.
If we are talking about a new building, it means that there is no testimony about the right of ownership, but there is a contract that is resold. If this is a contract participationHe fully protects the interests of the buyer and guarantees that his rights to this property will be registered in the Unified State Register. That is, if the apartment is sold on 214-ФЗ, then you can check anything.
Any other agreement in essence represents one or another workaround of the 214th law, and in this case the transaction should be paid to the legal purity of the transaction. Buying any "circuit" apartment at the stage of unfinished construction is quite risky.
As a rule, according to the schemes of the apartment, not directly from the developer, but through some intermediary company. This can be either an affiliate with the developer of the company, or an independent legal entity that bought at one time the developer wholesale part of the apartments at the construction stage in order to earn and then sells them to the population.
So, deal with such legal entity Maybe risky, because we do not know the relationship between the developer and this investor - whether he was completely calculated for the purchased apartments or not?
If not, the developer can terminate the contract between them, after which it has the right to get back its remaining apartments (by the amount in which the investor did not pay). And these apartments can already be sold by an investor. So they arise "hidden" contracts or "dual" sales, when the same apartment is sold twice.
Such schemes were, there will be. Therefore, the buyer needs to restore the entire chain - from the developer to the face that sells an apartment and understand the essence of the relationship between the developer and the company-seller. That's what it is legal verification Purity of apartments.
Risks when buying an apartment in the secondary market.
In the secondary market there are their risks, one of the mains - challenging the rights to the apartment. As a rule, this happens when:
The emergence of disputes between the heirs of the apartment or in the division of property between spouses;
Recognizing the incapable seller of the apartment, which may be a drug addict, an alcoholic or mentally ill, not standing in account;
The appearance of temporarily discharged from the apartment for the term of serving the sentence of a convicted person;
The presence of a missing absent (missing) family member prescribed in the apartment.
No one guarantees that this is a missing person who does not appear in a few years and will not challenge the deal. This happens quite regularly. People are sitting in prison, do not want to report this to relatives, and then go out of prison and declare their rights. Therefore, buying an apartment in which the missing missing, you go to a certain risk.
Apartments are also located in the risk area where minor children are prescribed, the interests of which must be observed, or the elderly people, sometimes not understand the meaning of their actions.
If you liked the apartment on the "secondary", then, in addition to the certificate of ownership, it is necessary to ask the owner of an extract from a single state register of rights to immovable property and transactions with it (USRP) about all transactions committed against this apartment.
This discharge will reflect the entire history of the apartment, since 1998, that is, the time of the creation of the USRP, and this is quite enough. It will be seen from the registry whether the apartment was in the dispute or not, whether they were arrested and the like. All the proceedings on the apartment are celebrated in the registry. If you find some disputes in the history of the apartment, pay attention, how many years have passed since their occurrence.
By russian legislation, the maximum limit of limitations on the recognition of transactions invalid, including real estate transactions, is three years. Therefore, if for three recent years Before the estimated purchase, there were no transactions with the apartment, you may not worry that previous owners suddenly make their rights.
But if you still found disputes that have arisen over the past three years, ask the owner to provide judicial decision, based on which the final conclusions can be made about the legality of the ownership of this apartment. If the court decision has not yet been rendered, we still advise him to wait before going to the transaction.
Sometimes happens - as a rule, with the real estate of the old residential foundation - That the apartment is not listed in the USRP. If such an apartment is not in the registry, it means that after its privatization, there were no transactions with her, that is, it is ideal from a legal point of view the apartment, absolute "clean". The buyer may request a request to the Department of Housing Policy to make sure the true rights of its owner. No need to do anything else.
What can and should the buyer alert? First, if you find that the apartment was inherited by someone or donated, with her new owner Not a relative of the previous owner, after which the new owner starts this apartment to quickly sell. Such things are always alarming.
Another risk factor may be a situation where the apartment was very often reselling and moved from hand to hand (it will be seen from the discharge of the USRP), that is, in fact, no one lived in the apartment for a long time, while it is not clear the reason for which it has been sold so often so often . It is likely that the transactions for this property were "not clean" and in this way they tried to substitute a conscientious acquirer.
The biggest "surprises" pays the possible incapacity of the owner. It happens that the seller after a while after making a transaction is recognized as incapable. This gives him the opportunity to challenge his actions committed in the past. If it is proved that the owner did not understand the meaning of his actions, there is a risk that the transaction will be challenged. There are a lot of "specialists" on the market, which earn it. At the same time, the certificate of the psychological state of the seller will not save you, confirming that the person was healthy at the time of the conclusion of the transaction. The fact is that there is 177 Article of the Civil Code, which states that "a deal committed by a citizen, albeit capable, but at the time of its commission in such a state when he was not able to understand the meaning of his actions or lead them, maybe It is recognized by the court of invalid on the claim of this citizen or other persons whose rights or protected interests are violated as a result of its commission. "
In fact, this article can be covered with any deal. This enjoys scammers against which it is difficult to go. It is almost impossible to take them out, as they are very carefully prepared for the transaction.
What do you think about the article "How to check the legal purity of the apartment with the transaction?"? Comment on her, please!
Acquisition of housing in the secondary market of real estate is associated with a multitude of risks. In order not to get into the fishing fraudsters before the conclusion of the transaction, you need to check the apartment for legal purity. This service is offered by many real estate companies. We will tell you how to carry out an independent check of an apartment, owner and purity documents before buying housing.
○ Independent check of "apartment purity".
To check it is not necessary to turn to the realtors. You can implement all the necessary actions yourself. At the initial stage, you need to request and check the documents.
○ What documents are confirmed by the ownership.
Confirm that the right of ownership was issued on legal grounds, one of the following documents can be:
- Purchase and sale agreement, mines, rent.
- Certificate of inheritance.
- Durd.
- Privatization certificate.
- The decision of the court on recognition of ownership.
The seller must have one of these documents in addition to the certificate of ownership or discharge from EGRN (if the right has been registered since 2017).
○ What documents to request from the seller.
In addition to the basis of the basis for the emergence of property rights, the Seller must provide you:
- The general passport and the second person certifying the personality (for example, a driver's license).
- Certificate of ownership or an extract from EGRN.
- Extended extract from EGRN.
- Extract from the house book.
- Technical plan of the apartment.
- Cadastral passport.
- An extract from the personal accounts to which payment for utilities is listed.
- Certificates from psychoneurological and narcological dispensaries (if the driver's license does not have a seller).
To secure yourself to carefully check all the above documents. Require originals. They should not be signs of correction, blots. If they are presented, it is necessary that the notarization of the changes made. Check out the availability of signatures and seals of state bodies.
○ Where to apply.
The necessary documents may receive only the current owner or its representative on the basis of a notarial power of attorney.
To obtain an extract from the house book with a list of all the citizens prescribed in the apartment, you need to contact the management company serving the house, or to the territorial separation of the FMS.
An expanded extract from EGRN with data over the past 20 years is issued in Roserestre or MFC. This document can also be ordered remotely on the official website of Rosreestra.
If the seller is missing technical documentationor it does not correspond to reality for receiving necessary securities You should contact BTI or MFC.
○ What data must be checked.
You need to pay attention to the following characteristics:
- The number of persons registered on this housing. It is important to find out if there are no citizens of those who do not live in fact due to the passage of service in the army, finding treatment in a psychiatric clinic, living in a nursing home or serving punishment in places of imprisonment.
- Availability of housing and utilities debt.
- Probability of claims for property rights from other persons.
- Was redeveloped. If yes - whether all the documents were drawn up by law.
- Domestic citizens were spelled and registered and registered. If they were previously discharged - make sure that their rights are not violated.
- The presence of encumbrances. If the apartment is the subject of collateral, goes for rent, is under arrest, etc., there is a possibility of refusal to state registration of the transaction.
- Data O. apartment house. It is important to know whether the demolition of the building is not planned in the near future, is it an emergency, when the house was commissioned, whether the repair was carried out and when new works were carried out.
We will describe in more detail what exactly should be checked.
○ Rights of third parties on the living space.
At this stage of verification, four documents will be required - certificate of ownership, the basis of the emergence of property rights, an expanded extract from EGRN and an extract from the house book. If the ownership was registered after January 2017, the usual testimony may not be. In this case, the fact of registration confirms the extract from EGRN.
Make sure the property rights were obtained by a legal way. Carefully examine the document - the basis of the occurrence of rights - the date of entry into force, special conditions, correctness of design.
Special care requires the verification of the legality of rights if the apartment went to the seller inherited. If the rights of other heirs were infringed, they can file a lawsuit for the redistribution of hereditary mass.
Well, if the ownership arose from the seller more than three years ago. In this case, there is practically no possibility that your deal will be challenged in the future. This is provided in civil law.
- Clause 1 Art. 181 of the Civil Code:
- "Time of limitation According to the requirements of the application of the consequences of the invalidity of a negligible transaction and the recognition of such a transaction is invalid for three years. The period of the limitation period under the specified requirements begins from the day when the execution of a negligible transaction began, and in the case of a claim by a person who is not a party to the transaction, from the day when this person learned or should have learn about the start of its execution. "
If the apartment was previously privatized, it was important to find out if other participants in this process were. The seller must have officially executed refusal to participate in privatization.
Second important moment - registered faces. Information about prescribed citizens is contained in the discharge from the house book. Ideally, all residents must be removed from the registration record. When someone is registered at the time of check, make sure that there will be no problems with the discharge. If someone is registered, but in this moment Located in places of detention, in the nursing home, etc., it is better to give up the purchase of this apartment. Such citizens may apply for housing in the future.
The third point - the presence of encumbrances. This information is available in an extract from EGRN. The apartment should not be the subject of pledge, arrest, lease or rent. Otherwise, your deal may not register in Russia, but even if it happens, your rights as the owner will be limited to third-party rights.
○ History of the apartment.
All data on the change of owners, conclusion of transactions in relation to apartments, arrests, disputes and encumbrances is contained in an extended statement from EGRN. What are you looking close attention to?
If the apartment often changed owners on the basis of sales contracts, it is likely that there are any legal problems and the seller is trying to mislead you. It is better to find another option for investing.
If the apartment was the subject of disputes or arrests over the past three years, demand from the seller providing court decisions that have entered legal force. So you make sure it is really entitled to sell property.
The price for the apartment is important and the exhibited price. If it is significantly lower than similar proposals for the market, it means that the owner wants to sell it as quickly as possible. And this reason to think. Most likely, the apartment was completely a crime or she is legally not clear.
Last update January 2019
Buying an apartment is a very serious thing. This event is not one day. To find legally pure housing and correctly check out the purchase of an apartment requires the help of a realtor or a lawyer in the sphere of real estate turnover. But not everyone has a familiar lawyer or realtor, who can be fully confident in this matter.
However, if you know how to properly approach the solution of this issue, it is not so difficult. In principle, it is easy to do everything yourself or clearly and competently monitor the work of the hired realtor / lawyer. So, for the successful purchase of the apartment you need to go through three stages:
- choice of housing
- checking an apartment for legal purity
- conclusion and execution of the transaction
Selection of apartments
The right choice of the apartment is the key to a successful purchase. Initially, it should be decided on the characteristics of the housing:
- how many rooms in the apartment
- which floor
- the location of the house in which the accommodation is located (city center, closer to the transportation sites, to the park zone, etc.)
- characteristic of itself apartment house (Floors, from which walls and pr.)
- availability (absence) repair, furnishings, etc.
In the future, it is necessary to explore the price market in order to respond suspicious apartments (if prices are too low) and do not allow them to deal with imperustible seller (if prices are overly overestimated). In order to be aware of topical prices, you can see the local newspaper with ads or regional real estate sites.
After the scenario, specific options should be considered. It is advisable to pick up the apartment. Owning on ads will not give that required result. Also should not blindly trust the realtor, which will offer options. Better case - if you find required apartment Through friends. This will abolish many concerns. When examining the apartment, pay attention to:
- of the one who shows you (better so that it was the owner)
- what neighbors in the entrance
- in what condition the courtyard of the house and the entrance
If your choice is resolved, then you should proceed to check the apartment for legal purity.
How to independently check the apartment before buying
This is one of the most responsible stages. You must spend the maximum diligence to check that there are no problems and troubles in the future. Before buying an apartment, be checked on:
- authenticity and accuracy of the guidelines and specifically configuring documents
- the eligibility of the seller (sellers) and its legal reputation
- the presence (absence) of prescribed individuals ( special attention on temporarily discharged)
- claims of unauthorized persons (including possible heir applicants) and judicial disputes
- encumbrances (rent, rent, mortgage) and arrests
- municipal payments
- the legality of the planning
What documents to check
The seller should have documents of a legal and technical nature in the hands, namely:
- certificate of ownership or extract from EGRN (you can get the most fresh on your own, in Rosreestre or, for example, on the site)
- treaty for an apartment (privatization agreement, purchase and sale, exchange, donation, act of receiving and transmission from the developer, etc.)
- inheritance certificate (if he was inherited)
- cadastral passport
- technical passport (if available by the owner)
Council: In case the right of ownership is based on a court decision, to buy such an apartment should be treated with extreme caution. After all, such a decision may be appealed and the apartment will be returned to the former owner. But will you be returned to you?
Require documents in the original and ask to provide the opportunity to make copies from them. With independent study of documents, pay attention to:
- for the existence of signatures in the necessary graphs, regulatory stamps
- certificates should be on special stamp
Keep in mind that in such documents no cleansings, blots, corrections, etc. If such elements are present, alert, you may have a fake in your hands. Since since 2015, the certificate for real estate is not issued, then for relevance, ask the seller to order an extract from the real estate state mode or ask it yourself.
You can also ask the seller so that he orders the right-point documents through Rosreestr (with the seal of Rosreestra). This is necessary to confirm the reliability of a separate document that causes doubt.
On the empowerment of the seller
The owner itself is to sell an apartment or a representative of a notarial power of attorney. The seller can be:
- single face
- multiplicity of persons (share ownership)
- spouses ( joint property), although only one person may appear in the documents
The seller data is contained:
- in the certificate of ownership (extract from the state registry)
- in the apartment
If you deal with the representative you do not care it is necessary to meet with the owner (hosts) and discuss the issue of fundamental consent to sell an apartment, Ask for a passport, rewrite the data or make it a copy. Technical questions can be solved with a trustee. If you are denied in such a meeting, then perhaps this transaction does not promise anything good. The reality of attorney should be checked. Visit the Notary, who issued a power of attorney, and find out about its authenticity. Ask, whether she responded.
Be particularly vigilant, when the owner (one of the owners) is a child:
- if a child under the age of 14 years, then from his behalf the deal concludes a legal representative (parents, adoptive parents, guardian). Powers' powers are confirmed by a marking in a passport and a birth certificate. The guardian acts on the basis of a decision on the guardianship. Adviller - by court decision.
- at the age of 14 to 18 years, the transaction is concluded with the written consent of legal representatives.
- the legal representative of the child should have its intention regarding the apartment to support the written consent of the guardianship authority to the transaction.
Pay attention to the marriage of the seller. Ask marriage certificate. If the apartment is bought during marriage. Meeting with his wife (husband) of the seller is needed, since in any case there will be consent to the transaction.
When conclusted the transaction, demand the consent of the spouse in any case (bought apartment in marriage or to it), including from the former, since the absence of such agreement may be a reason for judicial strings.
After meeting with the seller through acquaintances in the police, bailiffs Private check its reputation. Ask that a realtor (if you use it) asked if the name of the seller's name is not heard from his colleagues. So you can avoid a transaction with a fraudster.
About prescribed persons
Before the conclusion of the transaction, all persons must be discharged from the apartment (sometimes it is allowed to indicate in the contract of the Seller's obligation to evict registered persons during the short term after the transaction, but it is better not to create such difficulties), otherwise they will have the right to accommodate after sale And their forced eviction will be your headache.
Ask the seller a fresh certificate from the passport about the lack of prescribed individuals. But keep in mind, this certificate will not be information about temporarily discharged people. This is about:
- convicted for a crime
- conscripts for military service
- the elderly contained in social institutions
- children placed in educational correctional institutions
- incapable in psychiatric hospitals
- passing long-term treatment in medical institutions
You can learn about the written faces from the extended (archival) extract from the house book. Get it together with the owner of the apartment and not grasp to ask the employee of the passport service about such faces. If such citizens find themselves, they will be able to declare their right to accommodate in the apartment even after its transition to another owner. To write down such people is difficult even through the court.
About claims and legal disputes
All judicial disputes about the apartment can be viewed in the territorial civil court at the address of the apartment. Information about legal processes in relation to the owner of the apartment can be obtained:
- officially addressed to the court office with an appropriate request (although in such requests it is more often refused), therefore, more efficiently on the site of the territorial district / city court, to find out the availability of proceedings for the seller
- in the service of bailiffs executive production or through the attachment site
- in the statement from the state registry (there is a separate graph about it)
- unofficially when congently with neighbors, employees TSZH., Housing
In case the apartment fell to the seller inherited, it will not be superfluous to refer to the notary at the place of opening of the inheritance. Apply a visit to the notary with the owner and find out there about the lack of other inheritance applicants.
About burdens and arrests
When the apartment is surrendered to the arena, the rent contract concluded, there is a mortgage or arrest, then when changing the owner, such burdens and arrest remain in force (although during the arrest it is not possible to carry out a transaction / registration). It limits the right of the buyer to fully own housing. Moreover, there is a risk in general to lose real estate. Therefore, when buying an apartment such circumstances should not be.
In the registration department, you can get an extract from the State Week (or on the Internet on the so-called "public card"). There in a separate section indicate all information about the burdens. If any entries will be about it, then you should not listen to the seller's excuses. We recommend to refuse such an apartment.
However, if the seller agree to resolve the problem (for example, to pay off a mortgage), then:
- require from the burden (tenant, mortgagee, etc.) official written document on the absence of claims
- cut the seller to exclude such an entry from the State Registry
- order a fresh discharge in which there will be no such data anymore
Check debts for utility payments
When buying an apartment may turn out to be with debts. Of course, such debts should pay for the previous owners. However, judicial claims will come to the name of the new owner. It may be that the current payment will be credited to debt and then the debtor will be a buyer. It is possible that the public utilities will turn off light, gas, water, etc. Concerning debts on contributions on overhaulSo these debts have continuity (that is, they are transferred to the new owner). Such consequences can be avoided by sobering with the presence of such "bred".
This requires:
- ask the seller's reference from Housing, Erisse about the absence of debt
- watch payment requests for the last year
- ask for employees of the FAU, HOA about the presence of debt for an apartment
- provide in the contract of sale and selling item in which it will be said that the seller paid all utilities and in the case of debt carries personal responsibility
We check the legality of re-planning
The apartment can be redefined or re-equipped (installation of additional large electrical, gas, hydraulic units or moving engineering and communication networks). Not always such changes are legalized. Therefore, when examining the apartment, deposit technical Plan With the actual setting. It is better to call the BTI employee and do it together with him.
note that in technical passport It may already stand a stamp on inconsistency of redevelopment, Therefore, study this document more detail.
Keep in mind if the apartment will be purchased without a legal redevelopment, you can make you restore the former view of the apartment through the court, and this may be great costs.
How to make a purchase of an apartment
When the apartment is verified, you can give your consent to the conclusion of the transaction and prepare for its registration. Usually this procedure consists of the following steps:
- conclusion of a preliminary agreement, issuance of an advance or a deposit
- preparation of all documents for registration
- document delivery in reg. Reference and calculations for an apartment
- obtaining an extract from the State Registry and Housing Documents
Conclusion of the preliminary contract, the transfer of advance, the deposit
It is not always possible to arrange documents or gather the required amount on the apartment. So that the seller does not receive more profitable proposition Buying and not refused to deal with you, it is necessary to legally fix the agreement. To do this, you can choose from the parties:
- to conclude preliminary agreement About buying an apartment
- make an advance (with receipt of receipt)
- transfer deposit
All specified actions must be issued in writing and preferably with witnesses. And yet the most effective way Bring the seller to itself is the conclusion of a task agreement. Since if the owner change his mind to sell an apartment, it will have to pay the double size of the deposit. But the buyer can also be at a disadvantage, if he refuses the transaction for disrespectful reasons (I did not have time to collect money, I found an apartment better, etc.). The consequence of this will be the loss of the deposit.
What you need to know about the set
First, you should conclude an agreement on a deposit in which you must specify:
- date and place of drawing up contract
- who is the parties in the contract (FF, place of residence, passport data)
- what apartment is we talking about
- the cost of this apartment
- deals in the sale of purchase and sale
- about what is made precisely the deposit on Articles 380, 381 of the Civil Code
- specify the size of the deposit
- provide liability of the parties for failure to fulfill obligations
The specified contract must be signed on each page and at the end of the text. The contract is made in two copies for the buyer and the seller.
Secondly, a receipt is made about the fact of transmitting a deposit, the seller writes it, pointing to it:
- place and date of receipt
- who and from whom (full name, date of birth and passport) received money
- information about the concluded agreement of the deposit
- the size of the resulting amount (numbers and in words)
- the painting of one who receives money (seller)
Disquence is made up of hand in one instance and is transmitted to the buyer. The size of the included deposit is counted in the price of the apartment.
Drawing up documents for registration
The preparation of documents for the purchase of an apartment should be engaged in the seller, the buyer only pays the state fee. Its size is 2000 rubles (possibly other dimensions depending on the nonstandarity of the situation). However, the Buyer should take part in the preparation of the terms of the contract of sale. It is desirable that such a contract before signing to check an independent lawyer. Such a consultation will not be expensive, but will save from problems when renting documents to regime and with further use and possession of the apartment.
The Apartment's purchase and sale agreement necessarily needs to specify the following information:
- date and place of drawing up contract
- full data on the seller (sellers) and the buyer (buyers): Full name, place of residence, date of birth, description of passport data, documents of a legal representative (if children are involved in transactions, incapable, limitedly capable)
- that the seller expresses the will to convey to the ownership of the buyer an apartment, and the buyer pay its value
- full description of the apartment, as indicated in the cadastral passport (name, address, area, cadastral number, floor, number of residential rooms, etc.)
- information about the State Registration Rights of the Seller
- the cost of the apartment, the term and order of its payment
- on the absence of debts, encumbrances and arrests
- on the consent of the transaction from legal representatives, spouses
- the fact of compliance of the planning of the apartment is its actual state
- about the absence of prescribed persons
- that unauthorized persons do not have claims and the apartment is not subject to a judicial dispute
- on approval of the transaction by the guardian authority (if the owner is minor / incapable)
Usually, the following list of documents for the purchase of an apartment will be delivered to the Registration Directorate or MFC:
- statements of the parties about the state. Registration of the transfer of property to the apartment (such documents will help to make a realtor, or on the RosSrester website you can find samples of filling, or the MFC specialist fills himself)
- plag receipt state duty
- treaty of sale with an act of receiving and transmission (three copies)
- cadastral passport
- consent of the seller's spouse (notarial)
- the consent of the parents (if a child is participating in the transaction aged 14 to 18)
- caution permission (if the seller (one of the sellers) is minor)
- passports of all persons participating in the transaction
It may be necessary to provide additional documents when buying an apartment, if it is related to the individuality of the transaction. About such documents will report the recorder receiving documents.
Document delivery to the registration management and payment of the apartment
The signing of documents and the transfer of money for an apartment is better to implement everything in the presence of the registrar in the register or notary (if the contract is certified).
Do not forget to get a receipt from the seller about the transfer of money and the absence of payment claims (compiled by the seller in one copy in free form).
If the money is transferred to the commissioning of documents into the registration, the seller may not appear in reg. Reference for registration of the sale of the apartment or otherwise tighten or even refuse to make a transaction. And even if there is a receipt of the transfer of money to return them to be problematic and, perhaps, only through the court.
In the case when the transfer is carried out after passing documents for registration, then by virtue of the law, the apartment will be in the seller's mortgage. After an additional difficulty arises in its repayment. True, in the contract it can be indicated that the mortgage is not applied by force (but sellers do not follow such a condition).
Therefore, adhere to the Golden Middle - transfer money while putting documents.
When the apartment is bought for credit money, then calculations with the seller most often produces a bank. The apartment will be pledged by the bank. The bank will preliminarily put forward its requirements for the preparation of the list of documents for the purchase of an apartment and subsequently approve. Bank representatives will participate in registration. The transaction will be monitored by a lawyer of the bank, so that problems with the design of documents for the purchase of an apartment and their registration will not arise.
After delivery of documents, the recorder (specialist MFC) is issued in the hands. It indicates the date of receipt of the finished documents.
To the specified number you need to come in reg. Reference and take certificate and reasons for the apartment. From this point on, you become a full owner of the housing.
Features of making transactions in various life situations
When a notarial certificate of the transaction is required
The apartment purchase and sale is made in simple writing and signed by the parties. Under normal circumstances, it is enough to successfully make a transaction and pass the state registration of ownership of the buyer.
However, the law requires certification of the contract for sale in the notary in obligatory In the following cases:
- When selling a share(as well as with donation, me, etc.) in the apartment is absolutely any person, not looking at that, the acquirer of a relative or a stranger, a different shareholder or an unauthorized person (not included in the number of co-owners);
- When the seller (owner) of the apartment is a minor (a child who has not reached 18 years old). If a child is not more than 14 years old, then from his behalf the deal does (depending on the family situation) it:
- parent
- adopter
- guardian
If the age of a minor from 14 to 18 years, then it makes it independently, but subject to written consent:
- parents
- advinteers
- trustee
In any case, written consent is also required to deal with the guardianship and guardianship authority.
- If the owner of the apartment is a person under guardianship or trusteeship (incapable, limitedly capable). For the conclusion of the contract requires preliminary permission. On behalf of the seller, the transaction is valid:
- guardian (if the owner is incapable)
- the owner itself (if limitedly capable), but with the written approval of the trustee
Where the contract is certified
Buy-sale certifies any notary in the region in the territory of which the apartment is located.
It is advisable to contact the notarial office located in the same settlement Where and the apartment.
Even if a notarial certificate is not necessary, it is still better to resort to the services of a notary, so much more reliable and calmer.
What is the procedure for certifying the contract
The buyer and the seller must come to the notary and submit to him:
- passports of the buyer, the seller and his legal representative (if he participates in the transaction);
- draft sale agreement (not signed). In most cases, the notaries themselves make up the contract (by their template), but still they need to see the project, as there are all the terms of the transaction that should be reflected in the text of the contract;
- documents for an apartment (certificate of ownership / extract from EGRN, documents of the foundation, cadastral passport). An extract and cadastral passport notary can order independently, but to facilitate and speed up work can be submitted by themselves;
- the consent of the interested parties and the permission of the guardianship authority (if required);
- notification of other participants in general dolly ownership On the sale of a share and refusal of the preemptive right of purchase (if any) - this item applies to cases of sales in the apartment;
- other documents (depending on the individual situation).
Notary explains the meaning of the transaction and the consequences of its conclusion. Checks its legality. And in the absence of any legal barriers, certifies the contract with a special inscription and a note in notarial documentation (magazine, registry, electronic base).
How much do you specify the contract (2018)
- If the Parties of the Treaty in relation to each other are relatives (spouses, parents, children, grandchildren, grandparents), the price of notary services varies as follows:
- for the price of a contract to 10 million rubles. Payment is: 3000 rubles plus 0.2% of the sales cost;
- over 10 million rubles. Payment: 23 000 rubles. and 0.1% of the price of a sales contract exceeding 10 million rubles.
The cost of services cannot be higher than 50 thousand rubles.
- When the parties are not relatives in the contract, the rates of services are as follows:
- at a price of up to 1 million rubles. Payment: 3000 rubles. and 0.4% of the sale value;
- if more than 1 million rubles, then - 7000 rubles. Plus 0.2% of that part of the transaction amount, which exceeds 1 million rubles. for example, Makes up the contract, the price of which is 2,500,000 rubles. The cost of the notary service will be 10,000 rubles. (7000 + 3000 (1.5 million x 0.2%));
- over 10 million rubles. Payment is calculated: 25,000 rubles plus 0.1% of the amount exceeding 10 million rubles.
Upper payment limit - 100 000 rubles.
- With the obligatory (by virtue of the law), the notarized certificate of the contract for the sale of a purchase and sale is charged with a state duty in the amount of 0.5% of the estimated (market) cost, but not less than 300 rubles. and no more than 20,000 rubles.
The notary takes the amount of the contract specified in the text of the project. But if this price is below the cadastral, then the notary calculates the service, based on cadastral value Apartments.
Also, the notary charges the tariff for technical and legal services ranging from 2500 to 5,000 rubles.
State registration
Documents for registration can be handed over:
- in the Rosreestra department
- to local MFC
The procedure for submitting documents and their list is described above. You can also ask the notary, who has identified the transaction, pass documents for registration and get them for you. For this additionally need:
- submit the original state duty to the State Registration paid on behalf of the Buyer;
- pay for a notary service. Cost - 1000/1200 rub.
After that, the notary independently organizes the delivery and receipt of documents in Rosreestre.
If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days. However, carefully read all the answers to the article, if there is a detailed answer to such a question, then your question will not be published.
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