What is an alternative sale of the buyer's risks apartments. Alternative Apartments: What does it mean. Other names and shapes

According to estimates of real estate market up to 70% of all transactions in the secondary housing market - alternative transactions.

So buying or selling secondary housingAny market participant has a very high probability to face exactly the type of transaction.

At the same time, he can act as a simple seller or buyer, so I. buyer and seller at the same time.

We will analyze what is alternative sale purchase and sale And where it applies.

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Alternative transaction: What is it?

Alternative deal - The deal of sale and sale, at which the seller of the apartment simultaneously acquires a housing.

An alternative transaction has the following features:

at the same time carried out minimum 2 purchase and sale transactions, and in the second buyer is the seller of the first transaction;
transactions connected to each otherThe abolition of the first transaction automatically entails the breakdown of the second.

These principles distinguish an alternative deal from ordinaryIn which the receipt of money by the seller is not timed to any events.

In the future, he can dispose of them at his own discretion And, for example, also buy an apartment. In an alternative deal, the main principles are precisely link and simultaneity.

As a rule, this situation consists on one single cause - seller has nowhere to liveIf he just sell an apartment.

And the sale is a way improve or change their living conditions.

Transaction options

All transactions in the secondary market can be divided into three types:

straight (net) sale;
alternative transaction;
"Chain" of apartments.

Direct sale - The deal at which the seller simply receives money and hereinafter referred to them at his own discretion.

it the easiest type of transactionsAccording to its principles, there is little different from purchases in the primary housing market.

Alternative deal - sale of apartments with the simultaneous acquisition of other housing.

This transaction has minimum 3 participant:
Buyer - Seller / Buyer - Seller.

Moneyreceived by the seller / buyer from the buyer fully or partially transmitted Seller.

Alternative ways to organize a deal:

improving housing conditions, for example, sale of one-bedroom and purchase of a two-bedroom apartment;
changes in housing conditions Without an unequivocal improvement of quality, for example, moving to another area, change of floor, etc.;
travelingwhen a multicorate apartment is sold and 2 housing is bought;
congress - A rare option is quite enough when two or more housing is sold at the same time, and one is bought.

Option congress It is rare enough, as it is difficult to find two or more buyers at the same time on the objects sold.

In addition, usually coming can "painlessly" sell one apartment for a direct sale to do not complicate an alternative deal.

When making an alternative transaction second deal Purchase is always "Clean Sale", in another embodiment it is formed "Chain" apartments.

It consists of several alternative transactions ending with " pure Sale».

About the rules of bargaining when buying an apartment you can learn from.

Procedure

Alternative deal in its essence consists of several ordinary dealswhose order of which depends on the number of participants.

In case there are three (buyer, seller / buyer, seller), you can approximately describe the order of action of all parties.

Stages of holding

Stages of the alternative transaction have small nuances compared with a direct purchase and sale transaction:

The seller exhibits an apartment for sale at the same time looking for an alternative (counter option). When staying buyer He must finally decide on his apartment;
Seller buyer concludes an advance agreement / deposit with the buyer of his housingwhich indicates the preliminary deadlines and the conditions for holding the upcoming transaction;

How to properly draw up a task agreement when buying real estate, read in.

At the same time, an advance agreement or a deposit is With the seller of the selected apartment, the agreement indicates the same term for making a transaction in state bodies. registration;
Occurs collect all the necessary documents on both transactions. After the documents are collected, the day of the upcoming transaction is appointed and preparing contracts for sale;
On the appointed day, all participants are desirable gather at the same time In order to avoid unforeseen disruptions. Signs both contracts for sale, transfer money on a chain (cash or by laying in bank cell);
Purchase contracts Together with the necessary documents Transmitted by B. the state authorities. registration.

Watch the video on how to safely hold a deal to buy an apartment through a bank cell:

Required documents

For an alternative purchase and sale transaction necessary the same list of documents as when designing a standard deal.

To both sellers must be provided:

governor documents (extract from EGRN);
according to which the apartment passed into the property (purchase and sale, privatization, donation, etc.);
cadastral passports;
certificate For sale out Housing (on the absence of debts, quantities and composition of registered persons);
general power of attorney, the consent of the guardianship bodies, the consent of the spouse (if necessary).

All participants in the registration transaction must be provided certificate of personality. Buyers - consent Spouses for the purchase.

"Chain" Apartments: What is it?

"Chain" Apartments are called alternative transactions in which the number of participants exceeds 3 and can reach a dozen or even more.

Although in practice such cases are rare. Usually "Chain" Call related transactions Purchase of at least 4 participants.

You can illustrate such a transaction as follows:

Buyer - Seller / Buyer 1 - Seller / Buyer 2 - Seller

Any "chain" ends "net sales", that is, a sale transaction in which alternative option is not purchased.

"Chain" apartments - An even more complex version than an alternative deal, as the number of participants in it is greater, and the probability of breaking the whole "chain" is growing in geometric progression.

Therefore, many sellers or buyers of apartments with difficulty agree to participate in "chains" due to high likelihood breakdown Personal sale transaction due to the fault of one of the participants of the chain.

Risks and privileges

An alternative deal has its own pros and minusesbut most of all in it interested then facethat sells and buys an apartment at the same time.

Other buyers and sellers become participants in such an agreement inseparable Due to the fact that finding direct options for having their housing or buyers failed.

The main thing risk of alternative transaction It is the complexity of its organization and design.

The bigger participants - Top more difficultto organize them, coordinate the conditions and requirements, to make up and sign the preliminary and basic contract of sale and at the same time register transactions in state registration bodies.

Therefore, such transactions almost never cost without realtors, while accompaniment can conduct one or even several agencies By the number of participants.

Such a deal maybe break away Not only at the preparation stage, but also after the transfer of documents for registration.

For example, if registration bodies will suspend one transactionThe second-agreement participants will also have to apply for suspension.

A large number of transaction participants, especially with the "chain" of apartments, sharply increases the likelihood of inadequate participantsbecause of which the entire common transaction can break.

Therefore, with an alternative deal, you should especially pay attention to psychological and moral qualities of PartySince one participant can break the entire "chain".

In a special danger there is a person who buys and sells accommodation at the same time.

Other participants in an alternative transaction have lower interest In her holding, as it is easier for them to issue ordinary direct sale transactions.

Quite often the seller / buyer have to provide discount on your apartment and buy accommodation a little more market value , to other participants agree to participate in an alternative deal.

Alternative sale and sale transaction theoretically you can smash two simple transactionsHowever, this option also has shortcomings.

TO the advantages of an alternative transaction Refers the possibility of direct movement and registration at a new address, bypassing intermediate living spaces.

In addition, in the case of breaking shopping The seller does not risk "hang" with money and feverishly look for new purchase options.

Conducting two ordinary transactions does not protect the seller from the breakdown of the purchase option, which represents a special danger In the unstable market with growing prices.

For that period, it is looking for a new purchase option, prices may grow by 10 or more percentthat in no way included in the interests of the seller.

Taxation

According to Russian tax legislation , the sale of housing is considered to receive income and must be addressed NDFL at the rate of 13% in case of compliance with two conditions:

housing was owned less than 5 years old (for housing purchased until 01/01/2016 - less than 3 years);
the cost of housing exceeds 1 million rublesAt the same time, the tax is subject to income exceeding this amount (1 million - size property deductionnot subject to tax).

It is common with the opinion that when you design two purchase and sale transactions, if the purchase price equal or exceeds the cost of sale, the person is exempt from NDFL.

This is a bit erroneous, as tax resident Not freed from paying tax.

But he can take advantage collect meif he had not previously enjoyed the right to receive tax deduction When purchasing housing.

In this case, you can arrange return of tax in the amount of 13% from the cost of acquired housing, and the taxable amount cannot exceed 2 million rubles.

When carrying out customizations, depending on the value of the sold and acquired housing, you can reduce the taxable amount to zero and completely frequently From the obligation to pay the tax, but only if the person did not have a tax deduction earlier.

Alternative deal, and especially "Chain" apartments - One of the most difficult purchase and sale options in the secondary market.

Will not be superfluous to give a few soviets professional participants Real Estate Market.

Realtors advise:

When conducting an alternative deal, it is better to contact reliable real estate agencySince realtors have repeatedly come across such transactions.
Independently spend such a transaction and control all its participants it is hard enough;
Do not build long "chains" from apartmentsthat almost always doomed to breakdown. The smaller the links in an alternative deal - the better.
Attention should be paid On the characteristics of the nature of all participants in the transaction, and in the case of at least one unreliable level, it is better not to spend time on building the entire chain;
Alternative deal - extreme measure For all its participants, if you can simply sell or buy an apartment, it is better not to participate in it.
On the other handif the intentions are solid and signed all preliminary agreements, it is worth thinking many times before abandoning such a deal, since in that case you will bring a very large number of people;
Best time for holding Alternative transactions - period stable prices on the market Real estate, since racing costs can affect the intentions of certain participants.

Among the set of alienation schemes for real estate is to highlight alternative sale of the apartment, as such a transaction format is one of the most popular property transition options. (unless, of course, talk about the secondary real estate market).

Under this article, we will talk about what is an alternative sale apartment, we will analyze the risks that buyers and sellers may be subject to, and consider the advantages and shortcomings of the transactions of this format.

Alternative sale means the implementation of one object of real estate with the simultaneous acquisition of another object.

Formally, from a legal point of view, the parties of the transaction conclude a completely ordinary contract for sale, and their legal relations Adjustable by the same legislative acts (for some exceptions to be told below).

Alternative transaction: who benefits

The most common causes of choosing an alternative sale is the need to improve housing conditions, travel (children, spouses when divorced), Reliable residents of communal apartments, buying an apartment from pensioners and other persons who are poorly protected in social terms.

In addition to the convenience of real estate transactions held in this format, alternative sale is often the only opportunity to change the housing conditions. So, for example, if representatives of such categories of the population, such as pensioners, minors, taped, are involved in the transaction, one of the main conditions for selling their property is the presence of guarantees that they will not be left without a roof overhead.

When concluding a contract with representatives of the listed categories (as well as the sale of apartments and shares) The notarization of the contract is mandatory.Actually, the popularity of alternative sales is explained by the fact that for the usual sale of housing it takes time, and money is required to buy an apartment, in the event of an alternative sale (most often this exchange) You do not need to collect a certain amount and enter the new housing can be right on the day of signing the contract.

The essence of the alternative transaction and types of participants

In one-time deals, the owners of several apartments immediately take part.Sometimes it's about the top ten apartments, the owners of which wish to exchange their housing or translate real estate in money. However, realtors are trying to limit the number of participants: In one of the cases, a fairly impressive audience, consisting of owners, owners of the shareholders, their realtors, and only about 20 people gathered for signing the contract.

It is not easy to make all these people at the same time agreed with each other, while the presence of an agreement "each with each" is the main condition for the chain of simultaneous sales to be implemented.

We will analyze the types of participants in transactions in alternative sales. In sales chains, there are "upper" - which do not change anything and are calculated for housing with money, "medium" - they are classical participants, as they buy and sell at the same time, and "lower" - such participants transmit their property and receive money from the bank cell .

Features of alternative sales

This format of real estate transactions, as an alternative sale has its own characteristics. The greatest advantage is that when exchanging the owners of the housing selling housing is deprived of the risk to face the circumstances that will prevent them from buying another apartment. However, on the other hand, this type of transactions is quite complicated, too high the risks "do not go to the transaction", for the reason that even if only one of the owners will change his mind to conclude a contract, then the whole chain collapses. Given the presence of various legal subtleties, as well as organizational difficulties from the realtor, a lot of experience is required, newcomers such operations are simply not on the shoulder.

It is necessary not only to docile owners, but also to evaluate legal purity Each property object, evaluate the likelihood of outcome and work out documentary support, so that after the transaction is completed, any of the participants has problems. The main danger is that the court can recognize the transaction illegal (For example, if someone's property rights were violated).

Advantages and disadvantages of alternative sale

Now it's time to consider the advantages and disadvantages of real estate sales in an alternative transaction format. From the point of view of the seller and the buyer, useful qualities and negative moments will be different, so consider them in turn.

For the seller

Benefits

In the conditions of instability of market prices for housing, the seller does not risk staying without housing. This, in particular, can occur when after buying in the hands of the seller turned out to be money, and at that moment there was a sharp depreciation of the money, which is the reason for the impossibility of buying another housing. Moving and registration is carried out immediately, for this you do not need to waste time on the establishment of individual agreements, all this is already spelled out in the contract.

disadvantages

At an alternative sale, it is necessary to reduce the price, as in this case the interest of both buyers and sellers decreases. It takes more time - it is necessary to find a buyer, wait until the realtor builds a chain of participants, coordinates the terms of the transaction with each of them.

For buyer

Benefits

An increase in the choice in the real estate market can be estimated much more potentially interesting options. Winning price, since during direct sales there is a higher price than during the implementation of "alternative" apartments. In addition, the active participation of the realtor at the stage of preparation of the transaction allows you to figure out various aspects and faster to achieve agreements. If the transaction is carried out with the participation of a bank or guardianship bodies, in this case an additional check of the real estate object is provided for legal purity.

disadvantages

There are high risks of a breakdown of the transaction because of the overpriced (regarding the market) Expectations of the seller, and this can happen immediately before the transaction should take place. There are also the risks of the emergence of the conflict in case the parties begin to negotiate with each other besides the realtor.

Registered owners and non-owners

At the time of alternative transactions, the owners most often remain registered on square meterschanging the owner. In a new place, you can register after the owner is removed from the account on the old address. On the other hand, the owner may be discharged before, this nuance is negotiated in the contract. As a rule, in the contract on the Seller imposes a commitment to free apartment (in legal terms, remove from accounting of all residents) For fourteen days from the date of the transfer of housing on the act, moreover, regardless of whether the actual transmission took place (check-in) or not.

In addition to registered owners at the address of sold real estate, persons who may have the right to use the apartment, but at the same time are not owners. Unlike the owner, registered users do not commit obligations under the Agreement concluded by the owner, and may well disturb the contractual obligations, there are no lever of influence on them. Therefore, buyers are extremely scrupulously belong to this issue and insist that all users have been removed from registration. Otherwise, to force users to leave the living space will be extremely difficult, even through the court - the buyer has no contractual relationship with users, therefore it is impossible to talk about the violations of the latter.

Access to bank cells

Withdrawal by the buyer moneyplaced there by the seller is the most common way to pay for alternative transactions.Many questions are sometimes very significant for various reasons are not reflected in the contract, and the implementation of a number of conditions is regulated directly by the terms of access to the cell. Including - and questions of user statements. One way to achieve reliable users with users is notarized consolidation of their obligations to respond from accounting. However, such documents have legislative restrictions, which may not be accepted by the court as valid when considering the case.

Participation of minors owners

If minors who are owners of real estate or share are involved in an alternative transaction, after alienation of housing, they should receive real estate equal to the price (or higher) That was sold. If the proportion is very small, the replacement can be transferred to the bank account of a minor of the relevant amount. Before concluding the contract, the issue should be considered by the guardianship and coordinated with them, otherwise the transaction simply will not take place.

By the way, if the seller for some reason conveyed a share of a minor through donation without the consent of the guardianship bodies, the latter may require the cancellation of the transaction. Deoperation of real estate, despite the gratuitous nature of the operation, is a transaction, and according to the law, any transactions between the swelling and guardian are unlawful.

Transfer of apartments in alternative transactions

The transfer of real estate in terms of actual movement is carried out in the direction of reverse the movement of money. That is, the first to move the "Upper" Member of the Transaction - the one who gives money and does not provide in return to its real estate. And behind him, the remaining participants are already in the chain.

Risk increase in alternative sale

Risks for alternative transactions grow in proportion to the increase in the chain, it is always necessary to remember and soberly assess the existing circumstances, as well as factors that potentially lead to the emergence of any other circumstances. These risks strengthen the tension between the participants of the transaction and affect their relationships, as each of the new participants makes their own expectations and their degree of dissatisfaction with the conditions. The emergence of everyone complex question accompanied by the risk of refusal from the transaction from any participant, respectively, the risk of destruction of the chain is growing, which entails the impossibility of carrying out the transaction.

Conclusion

Despite the presence of certain difficulties in alternative transactions, such a format of relations may not only be the most profitable, but also the only possible way Change apartment. Many citizens who wish to somehow solve their housing issues simply do not have enough money, as well as the opportunity some way to attract this money (Banking loan, etc.).

However, it is worth not to forget that the benefits are compensated by risks. Each chain-added object should be qualitatively check in terms of its legal purity. Otherwise, almost all participants in the transaction will have problems.

It is the obvious risk availability that the need to attract a competent realtor, and ideally enlist the support of a professional lawyer who specializes in housing law.

Igor Vasilenko

What is an alternative sale apartment?

Hello, dear readers of my blog.

Yesterday Ivan Vasilyevich came to us in the agency. In old age, he decided to increase the living space (apparently the children were financially helped) and in connection with this I was interested in - what is the alternative sale of the apartment, which he was offered in one real estate agency?

Initially, his attitude to every "alternative" was strictly negative. But, gradually absorbed into the scheme, he changed his opinion on a completely opposite.

Let's look at the same time, what is this option for selling an apartment and what it differs from the usual one.

Alternative (FR. Alternative, from Lat. Alternatus - another) - the need to choose one of two or more eliminating each other opportunities, as well as each of these features.

The concept of "Alternative to the sale of apartments"

Alternative purchase and sale of an apartment - a one-time deal for the sale of one object of real estate and the acquisition of another. Usually in Slanga use the combination "Alternative sale", as the purchase is always "ordinary".

Alternative sale is often the only possible transaction if the apartment or a share in it belongs to minor children, pensioners (that is, "socially unprotected owners").

Notary form of contract

Transactions with minors or sweeping owners are carried out only in notarial form. Sale of share ownership is also notarially form. Purchase B. shared property Possible in simple writing.

It is important!
Also alternative transactions are common in cases where the owners do not have other housing and under the terms of the transaction should go to the purchased housing. The owners at the time of the transaction are "registered" by the old address, and register and transporting things immediately to the new address.

Alternative transactions in the market are quite a lot - no less than half of apartments on the market: expansion of the living space, the congress of the family, traveling to 2 addresses, a ride of the communal apartment, apartments with minors owner (privatization, maternal capital), apartments with retirees or patients.

Alternative sale scheme

There is a "top buyer" with money, and several sellers of apartments. Technically, there may be several "upper buyers" (for example, with a one-time sale of several objects and a congress in one apartment) or "other buyers" (if they buy an apartment in the chain).

"Lower sellers" only sell apartments and get money from cells.

"Middle" simultaneously sell, and buy with options:

with his surcharge with their money or attracted money - mortgage, subsidy;
removing money
make money from sale.

Transactions - "locomotives" are precisely alternative: several apartments participate in them, and each side has critical important To achieve all one-time transactions.

With an increase in the number of participants in the transaction, the complexity increases sharply

I know about the transaction - "steam locomotive", in which 16 apartments participated. Usually, realtors are trying to limit the number of participants to this when the whole situation is a good control: 5 apartments plus the buyer participated in one deal in one transaction, and about 20 people, owners and realtors came to the transaction.

Features of alternative transactions

The peculiarity of such a transaction is one-time registration and sale, and purchases. There is no risk that the customer will sell an apartment and receive money, but for some circumstances will not be able to buy another object.

Circumstances in which the purchase can collapse

Risks: Depreciation of the currency, refusal of sellers of favorite apartments from the sale, the absence of one of the participants of the transaction and others.
Due to high organizational difficulties and legal subtleties, only realtors are engaged in alternative transactions. For such transactions, there is not enough experience of one or two transactions, you need enough deep knowledge to assess the terms of the transaction, "cleanliness" of apartments and predict a good outcome of the transaction.

Registered owners of the apartment

In alternative transactions, registered owners often remain registered during transactions. Registration can be made immediately at the address of the purchased apartment, can be carried out after removal from the address from the address sold apartments. This moment is negotiated by the participants of the transaction.

The usual legal exemption period is 14 days, it is necessarily indicated in the sale contract and does not depend on the actual transfer of the apartment on the act.

Registered immunity faces (the so-called "users")

Users are persons who are registered at the address sold apartments, but are not owners. Such persons have the right to use residential premisesFrom this they are also named. Alternative sale is not mandatory with registered users. Even if juvenile children are registered.

And you should be aware that if the owners of the apartment undertake to respond from registration, according to the terms of the contract of sale, then users are not a party to the contract and do not have such a duty. "Users" may disrupt arrangement, and buyers have no significant impact lever. Because apartments' buyers are extremely scrupulous to those registered in the apartment.

The condition of legal liberation of the apartment is essential condition contract of sale. It is possible to achieve fulfillment of the terms of the contract of sale in a conflict situation only through court. And sue users with whom the buyer has no contractual relationship, is not very simple.

The terms of the alternative transaction are also governed by the terms of access to the contents of banking cells. Many significant issues of the transaction, and the extract of users, among other things, are solved outside the text of the contract of sale, and are regulated by the terms of access to bank cells under mutual settlements.

One way to resolve the situation with registered persons is strong commitments confirmed by notarial statements. Notarial statements have some limitations, and must be supported by the relevant conditions for accessing the bank cell.

Under certain conditions of ownership (for example, refusal to participate or temporary absence at the time of privatization), users retain the life-lifelong right to use housing. And on the court, write such users is incredibly difficult. In such a case, users must be held accounting to a transaction.

Sheets with minor owners

Juvenile children owners instead of the sold apartment or share should get another apartment or share value identical to or higher. In the case of a very small share, children can get money to the bank account. Options must be coordinated with the employee of the guardianship, patronage and guardianship.

Employment of minors owners in the apartment "inside the family" through donation may be difficult due to the position of employees of guardianship. The position of some is that the donation is considered as a transaction, and according to the law, the transaction between the guardian and the sweeping is prohibited. Solution options are, but it goes beyond the scope of this article.

Alternative for sale

Pros for alternative apartment sellers:

The lack of risk remain without housing in the conditions of unstable prices.
The lack of risk of depreciation of money and jumps of currency, as the money is not stored, but are transmitted immediately for the purchased object.
Registration and moving immediately to a new address without intermediate solutions.

The only solution is in case one of the owners registered with guardianship, patronage and guardianship. This is a category of socially unprotected citizens.

Note!
Specifically juvenile owners may not be registered, but mandatory condition registration of sales is the consent of the guardianship authorities.

And the guardianship authorities in Moscow give consent to the sale of ownership of owners only when attaching children to other property - purchase or donation.

Cons for sellers of alternative apartment:

A noticeable decline in the apartment price due to the low interest of buyers and sellers.
Terms of sale is much higher: buyer search, selection of the object and coordination of the transaction with all parties.

An important feature of an alternative transaction is the correct decoration of advances from the buyer to the customer and from the customer to the seller. Proper design - Pledge of a quiet deal and safety own funds customer.

Alternative when buying

Pros for alternative apartment buyers:

A greater choice of options on the market (2-4 "alternative") or winnings are exhibited against one "free"), because "free" apartments are somewhat more expensive alternative.
Participation in the transaction of professional realtors, which "smooth irregularities" of relations.
The participation of the bank (and, that means evaluation and insurance companies) and the guardianship bodies in the transaction - an additional check of the "legal purity" of objects. But not a guarantee!
Relative guarantee of user statements (registered "non-overalls").

Cons for customers of an alternative apartment:

The high risks of the "Neboda" on the transaction due to the overwhelmed expectations of the seller on market options or prices.
High risks increase price before the transaction. "The seller chose only one apartment, but we pass at a price only if you pay extra 50-200 thousand" - This can be heard from the seller's realtor.
The risks of the conflict between the participants of the multilateral transaction grow repeatedly.

The transfer of apartments after the transaction is performed in the order, inverse the movement of money. Since people move in a purchased and free apartment, then the top buyer moves the last of all. This should be considered when planning a deal.

Alternative Risk Assessment

It should be remembered that the risks grow in geometric progression with increasing the number of objects of the transaction participants. Everyone new object In the chain of apartments increases the voltage in interpersonal relationships. Everyone new participant Provides its expectations and dissatisfaction with the deal. The risk of failure of one of the participants of the transaction increases with each complex issue.

Services of the realtor and their cost when alternative purchase and sale

Realtor services consist of two parts:

Sell \u200b\u200ban object. The seller for his apartment will receive real money.
Buy object. The realtor carries out the selection of a high-quality real estate object.

Accordingly, the Commission for services is charged on both parts of the service - sale and purchase. Minus discount for a double service 0.5%.

Source: https://www.realtor-pro.ru/alternativa.

Weak places of alternative real estate transactions

The most common transactions in the Moscow real estate market are alternative, when another thing is acquired instead of one housing. In fact, an alternative deal is an exchange of apartments using a sales transaction.

An alternative exchange is carried out when a person sells one apartment and immediately buys another, that is, several real estate objects participate in the transaction.

Often, 4-6 apartments are involved in the transaction, it happens that there are up to 12 apartments in the chain, which once again confirms how difficult these transactions are, how many knowledge and skills require from the realtor, how many nervous costs are from all participants in the transaction, because The longer the chain, the easier it is to "rip out".

Earlier, B. soviet timesThe exchange took place with the help of the Mean Treaty. In such a deal, money did not participate, and the exchange of apartments between the participants of the transaction took place. Mena strongly narrowed the framework of the exchange option, because finding an apartment that you will like it with the condition that the owner of this housing will enjoy your apartment, and he will agree to move it, is very difficult.

A modern alternative deal is, as we said, the exchange of apartments with the help of a sales contract. The advantage of an alternative transaction is that its participants can choose an apartment out of tens of thousands of sentences. To date, an alternative deal is the most available way For many Muscovites, solve their housing problems.

Realtors recognize that, although the lion's share of transactions has always accounted for alternatives, their number has increased in the crisis and in the following years after the crisis, only grows. The reason is simple - this is a reduction in population income, reduction of mortgage programs.

The popularity of alternative is obvious. Pure apartment sale is, most often, for those who leave the city (country), or received the inheritance and wants to turn extra real estate in money. Buying an apartment - Again, not too common operation in the real estate market, because few have a free amount for the purchase of an apartment.

Helpful advice!
Most of the people goes out, driving around, sells housing less square and buys - more, i.e. Prefers alternative real estate transactions. To date, alternative transactions account for 80% of the total operations on the secondary residential real estate market in Moscow.

For alternative transactions now the right time, because the real estate market is now stable. Another thing is when prices are growing weekly. Then often the realtors face a situation that they have already found the buyer to the client's apartment, recorded its value and begin to look for an exchange option, and during the search prices grow, and customers, as realtors say, already "in the alternative do not fit", that is, it's easier Speaking, they are no longer enough money to buy a suitable apartment for moving.

"It is the high probability that the transactions will be at risk of a breakdown and made us offer for a period of price increases in the market" Exchange in a new scheme "," says the head of the Real Estate Department of the Moscow-Parisian Bank Oleg Igorevich Zenkin. - We first began to look for the option of moving for our customers, and then the buyer for their real estate. It made it possible to avoid prices and save time and money of our customers. "

But the period of falling prices for real estate or their stabilization is the best time for alternative transactions. At first there is a buyer on your apartment, the price is fixed on it, but for now you are looking for an alternative, prices are slightly decreasing. At the same time, you, of course, win in money, because the size of surcharge for new housing is reduced.

Alternative transactions have a lot of disadvantages, it is, first of all, the vulnerability of such transactions and unpredictable deadlines, in the second. It is impossible to predict how many participants will be in the transaction and, accordingly, for what time the buyer's search for your apartment and alternatives for you are stretching. The risk of "collapsed" chains is very high. If one of the chain participants will change their mind or open some problems with the documents, the entire chain will fall apart, which was painfully going for several months.

In addition, when there are as many aspects in the transaction, and each side has a realtor representative, the parties may not be trollen. During the transaction, there may be disputes on the condition of the contract of access to the cell, the timing of the apartment for the new owners or some other differences.

It is clear that each side will defend its interests, but all this makes an alternative deal even more vulnerable. In addition, now many acquire real estate with the attraction of a mortgage loan, which means that the transaction will be at risk if the bank does not approve it at the last moment. Immediately all the chain will suffer.

Alternative transactions are very diverse: it can be a congress, traveling, settlement of a communal apartment. The most common type of alternative transactions - travel. It is a sale of one apartment and the simultaneous purchase of two or more apartments. The main reasons are family disputes, divorces, the need for separate accommodation, the section of the property between the heirs, spouses, etc.

A more complex view of an alternative transaction, although not less common, is the Congress. Its essence is on sale of two (or, less often - more than two) apartments, and instead of them, the acquisition of one, with a surcharge or without. The complexity of the congress is that by selling two apartments at the same time, it is extremely rarely found at once the buyer at both.

Therefore, first is taken for a certain period of advance for one apartment, and on the second continue to look for the buyer. The problem is just about time, because the advance is made to the specific, most often, a short time (no more than a month), and if during this time the buyer does not exist on the second apartment, the transaction may not take place.

Source: http://www.mosflat.ru/smi/alternative_deals/

What an alternative is an alternative sale?

Having accumulated money to buy an apartment in Moscow - the task for most people is almost mockery, for to save will have to old-age grandchildren. Therefore, a very often financial spring for the purchase of an apartment becomes another apartment, the sale of which is tied to buying a new one.

At the same time, a chain of sales of apartments is formed, in which one of the participants acts as a seller and as a buyer at the same time. This transaction is called alternative sales. About her and will be discussed in this article.

Advantages of an alternative deal

The progenitors of an alternative deal were transactions of direct exchange and exchanges, which exist to this day, but are rarely found due to the complexity of the selection of options. Direct exchange is possible only for unsuccessted (municipal, state) apartments, while all the namnamers (prescribed) apartments and become employers (prescribed) in the apartment B, and the employers of the apartment would rebuild the apartment A.

It is important!
The procedure is troublesome and long-term, requires the collection of documents and consideration in the Moscow City Center for Rental Housing. If both apartments are owned, then all owners of one apartment can conclude a different treaty of exchange with all owners. The difficulty is to find the interdependent options for the exchange, to achieve the consent of all owners and coordinate the surcharge, if any.

Compared to exchange and exchange, an alternative sale will significantly simplify the search for suitable options: it is much easier to find a buyer on an apartment, and then a suitable alternative apartment, link the terms of purchase and sale and make a deal.

In addition to greater variability, an alternative deal also allows you to sell the old and purchase new apartmentsat the same time, in one day, giving an opportunity for an "alternative" not to enter free money when selling your apartment.

This is especially important because most of the alternative sellers are afraid to transport and even keep in banks large sums Money, and possible sharp changes in the economic situation and real estate prices scare them even more.

The state registration of purchase and sale agreements sold and the apartment being purchased occurs independently of each other, except when the contract is prescribed under the condition. (About what is a transaction under the condition will be a separate article, so do not forget to subscribe to the site updates, by e-mail or RSS).

And although formally contracts for the sale of old and new apartments with each other are not connected with each other, the procedure for their registration takes place in parallel to each other. In addition, with an alternative transaction, the period of legal (withdrawal from registration at the old address and statement on a new one) and the physical (actual movement) is usually established by the parties of the transaction sufficient so that the alternative can immediately rebuild and move from the old apartment in a new passage of intermediate living space.

So, an alternative deal is needed to move from one apartment to another, having simultaneously making a transaction for the sale of an old apartment and buying a new, minimizing the risks of obtaining and storing transactions and inconvenience associated with moving and recpring. All these amenities for the "alternatives" may pour out additional difficulties for other parties of the transaction, and if there are several alternative apartments in the apartment alienation chain, then the likelihood of bringing such a transaction to the logical completion of the inverse of the number of participants.

Features alternative sale

So, we looked at an alternative sale on the example of a chain of two apartments, for the simplicity of called "old" and "new". However, in reality in the chain there may be several alternative apartments or rooms, as well as mortgage Any of buyers or the need to pass guardianship.

Example. My client A. appealed to me for help on selling two rooms in communal apartment In order to buy a separate one-room apartment. The buyer on one of the rooms was with straight money, and the buyer of the second was also "alternative". His buyer used a mortgage loan. We chose an apartment in which the share belonged to a minor to a minor, which ordered the seller to undergo the guardian council and provide a child with another housing. The transaction passed 10 months after the start of work.

Six (!) Families, five real estate objects were involved in the transaction, the process coordinated four realtors and one independent buyer-mortgage.

Note!
The more participants in an alternative deal, the more interests need to be taken into account when preparing a single transaction. The fallout of at least one link from the chain of alternative sales (refusal to sell or buy, force majeure, the Bank's refusal in the loan or the guardianship bodies in the issuance of a decree) can be reduced to no agreement on the preparation of the transaction.

The risk of collapse of the transaction is one of the most significant during an alternative sale. The alternative sales process itself may take a long period of 1 month to 1 year in complex transactions.

With an increase in the number of participants in the transaction more cumbersome, the financial scheme of the transaction becomes more cumbersome, the movement of prepayments for the apartment from the link to the link is complicated, the calculation of the banking cell is complicated, access to the safe of money, control over the state registration of sales contracts, grows nervousness and psychological pressure.

All this explains why alternative apartments It is usually worth 5-10% cheaper than free, and agency reward for an alternative deal is 1.5-3 times higher than behind the simple sale.

Alternative transactions - the usual phenomenon for russian market Real estate, whereas in the USA such a scheme is not used at all. The developed Institute of Mortgages in the United States allows you to take a loan to buy housing, after which the client can calmly move to new house And put an old for sale. Money from sales will continue to repay the loan. In Russia, such sales schemes are rarely applied, mainly due to much less favorable conditions lending.

To get away from an alternative sale in some cases, an alternative deal split into two simple transactions - selling and further purchase, following one another. This allows you to position the selling apartment by 5-10% more expensive than in the case of an alternative, as well as in the future to participate in buying with free money and thanks to this to get a big bargaining.

Of course, a partition in this case is associated with certain inconveniences: as a rule, the buyer wants to get a physically and legally free apartment with a simple sale. To do this, you need to be recorded in advance, perhaps even "in the air" and transport personal belongings to another place.

If such an opportunity is there, then in the stable market, such a partition can benefit from 10 to 20% of the sales price. In the unstable market, such manipulations are not worth it, because Consecutive transactions will be torn in at least one month, and price conjuncture can change significantly.

Few know that in addition to the standard contract of sale, you can buy an apartment by an alternative deal.
But there are certain risks to consider not to become a victim of fraud. In the article submitted below, we will discuss in detail about the specifics of alternative transactions and how to act to act as quickly as possible and correctly.

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○ What is an alternative transaction?

This type of transaction is an exchange of apartments through the contract of sale. The specificity is that a one-time implementation of the living space is carried out, that is, the documents are signed at the same time. Several participants participate in the transaction, which does not contradict in the Civil Code of the Russian Federation.

You can also conclude an alternative transaction by sharing. But here it should be borne in mind that only apartments in social hiring can exchange (Article 72 of the LCD of the Russian Federation). In addition, to find an option that fully arranging both sides is almost unrealistic, so the exchange most often happens with the surcharge.

○ Characteristic of an alternative sale.

With an alternative sale, one owner sells his apartment while at the same time buying another. And the seller of the last housing can be a buyer for a third party. Consider the scheme of such a transaction on the example.

Owner three-bedroom apartment Wants to sell it and buy two one-bedrooms. And one of the sellers of one-room is going to acquire two-room apartment. As a result, such a transaction is 4 sales contracts.

✔ Alternative.

An alternative means that the owner of the apartment sells it, buying at the same time. That is the second acquired housing and is alternative. Signing sales contracts and their state registration happens on the same day. This type of transaction has three participants:

Buyer of the first apartment.
The seller of the first apartment, which at the same time is the buyer of the second "alternative" apartment.
Seller "Alternative" apartment.

✔ Alternative chain.

Not one living space is realized here, but several. At the same time, the sellers of each of them perform by buyers of another housing, which forms an alternative chain. It should be borne in mind that all apartments should not be implemented consistently.

For example, the owner of a four-room apartment wants to sell it and buy three apartments in return: two one-bedrooms and one two-room (with a surcharge). A chain of 4 apartments is built here, three of which are alternative.

The complexity of the transaction depends on the chain length. The number of apartments that can participate in the scheme is not limited, but in practice their number rarely exceeds 4.

○ Typical apartment sale risks.

The sale of real estate is always associated with certain risks. Most often it is:

Understated cost due to improper assessment of property.
Meeting with fraudsters, which, under the pretext of an inspection of the apartment, want to steal something out of it.
Work with an unscrupulous real estate agency.
Errors in paperwork (in particular, purchase and sale agreements).

But the biggest risk for the seller arises at the time of money transfer. Since payment is made after registering the contract, it may remain without money at all if the buyer suddenly change their mind. The contested transaction procedure can be sufficiently long, and success is not guaranteed. Also, you can also sign any additional payment documents, in addition to the receipt. Only the accounting of all nuances can reduce all risks to a minimum.

○ Specific risks of alternative housing sales.

In addition to typical real estate-related risks, an alternative transaction implies and high-profile risks that arise due to the complexity of the process of organizing the process. What exactly fear will be in detail below.

✔ Inconsistency of actions.

More than two sides are involved in any alternative transaction. Therefore, any disagreement between them can cause a complete breaking of the entire procedure. It is very important that each of the participants of the transaction had adequate requests and really estimated the cost and the apartment he wants to sell and the one plan to buy.

It is important that the requirements correspond to the real market prices and the capabilities of other participants. Otherwise, there is a risk of increasing the timing of the transaction and even its cancellation.

✔ Partial registration or refusal of registration.

Such risk arises due to the fact that all apartments participating in the transaction are not related to each other (registered under individual agreements). Therefore, there is a danger that the registrar may suspend the registration of one of the treaties, as a result of which one side risks staying and without an apartment and without money.

To avoid this, you need to regularly track the registration process (on the Rosreestra website by statements numbers). In the event of problems with one contract, the remaining participants in the transaction immediately write a statement on suspension and other agreements, and then understand the reasons. If it is not about suspension, but about refusal to register, the procedure for action is the same.

○ How to avoid risks?

To avoid similar risks, you can use the services of a notary or follow the recommendation of the realtor.

✔ Help notary.

Appeal to the notary is of particular importance in matters with an alternative transaction. This is due to the fact that if the contract for real estate transaction is notarized, then it does not undergo additional verification by lawyers. Accordingly, the registration period is shorter, and the risk of partial registration or failure is lower.

Conduct an alternative deal better to entrust professionals. Because B. this case, the number of documents to be checked for authenticity. There may also be difficulties with the organization of the process of signing all contracts. That is why, to maximize the likelihood of a successful transaction, it is worth contacting the competent realtor.