How to properly buy and sell an apartment. We draw up a contract for the purchase and sale of an apartment. What is a deposit

How an apartment purchase and sale transaction occurs is interesting both to those who are encountering this for the first time, and to those who participated in the process relatively recently: legislation is changing, the procedure is being improved. The stages of concluding transactions remain unchanged.

Having found your dream home among a number of offers, be prepared for a long process of finalizing the purchase and sale of an apartment.

Almost all real estate properties are sold through intermediaries.

A standard agreement with a real estate agency specifies its responsibility for selecting a property and providing consulting services. In fact, they cannot, and from the point of view of the law are not obliged, to guarantee the legal purity of housing, and, therefore, of the transaction itself. In the purchase and sale agreement (both preliminary and main) the realtor is not even indicated.

Initially, before signing an agreement with a realtor, the legal purity of the property is checked by studying:

• Form 7 (technical characteristics of the object) and (or) cadastral passport;
• Form 9, which contains information about everyone registered in the apartment;
• receipts for payment of utility bills, certificate of absence of debt;
• title documents for the object - a certificate of ownership and a document confirming the basis for the emergence of such a right (exchange agreement, privatization, sale and purchase, certificate of inheritance).

At this stage, realtors usually present copies. Request the originals, because they may be registered with the justice system for another transaction, and the advance (deposit) will already be paid.

By the time the main contract is concluded, the seller, in addition to the above, is obliged to provide:

• an extract from the Unified State Register, which will indicate the current owners and encumbrances (whether the property has been seized or pledged);
• power of attorney for the right to sell, issued by the spouse (if any);
• if one of the owners is under guardianship (a child or incompetent), then permission from the guardianship authorities will be required. The document is issued within a month from the date of application.

You should not count on special help from a credit institution when getting a mortgage. The lender will defend his own interests - the object, life (and sometimes the title) of the borrower will be insured, and his obligation to fully repay the debt (if insurance payments are insufficient) is stated in the contract.

Important: when checking the list of persons who have ever been registered in a given territory, you need to clarify:

• whether the rights of all those registered at the time of privatization, especially minors and incompetents, were respected;
• the circle of heirs, if the housing was inherited, and whether there were any questions.

Certificates from a mental health clinic and guardianship authorities will help dispel suspicions, but only the owner of the property can obtain them. Refusal to provide such information in controversial situations is a reason to more carefully check other securities and, if the transaction does take place,,insure the title (the risk of alienation - loss of ownership - of the property).

If the amount required for the purchase is on hand, you can, after checking the documents for the apartment, conclude a deal. A preliminary purchase and sale agreement will help protect the property you like from the claims of other buyers, if there is a need to wait (for a mortgage, for the sale of other property).

In this document, in addition to the fundamental points about the object of sale and purchase, it is important to indicate:

1 – terms:

• conclusion of an agreement;
• transfer of money;
• actual transfer of the apartment to the buyer;
• deregistration of persons who are strangers to the buyer;

2 – calculation procedure:

• – will there be an advance payment and in what form:

advance payment (in case of cancellation of the purchase and sale agreement at the initiative of the buyer, this amount remains with the seller)

a deposit that will be returned to the buyer if either party refuses to sign the main document;

• sources of payment for the cost of the object (which part is paid from own funds, which from borrowed funds);
• volumes of payments and methods of transferring money;
• for payment of utilities;
• special conditions (whether furniture, expensive plumbing fixtures will remain, which can be replaced with a cheaper analogue by the time the apartment is transferred, etc.).

It is necessary to agree and stipulate in the contract (both basic and preliminary) who will pay the associated costs of transferring money (cost of renting a locker, commission for a bank transfer), in whose name the funds will be received.

Drawing up the main contract is an even more important process than drawing up a preliminary agreement.

It will clarify the settlement procedure between the parties, specifying who will accept the money and how. If an advance (deposit) was paid, this must be indicated.

Pay attention to the description of the apartment: the more detailed this is done, the better. In addition to the address, you should write down:

• cadastral number;
• area, both general and residential;
• parameters of the house (year of its construction, material from which it was built);
• location of the object inside the house (entrance number, floor).

Specify other points (on the terms of transfer of housing, on the list of property that remains in the apartment).

Calculation

Calculation is possible in the following ways:

• in cash;
• money transfer;
• through a safe deposit box;
• letter of credit.

In the first case, we are usually talking about an advance (deposit). The transfer of money must be documented with a receipt. It is written by hand or typed on a computer. But it should describe in as much detail as possible:

• who received the money (specifically which of the sellers, if there are several), his passport details, information about his place of residence (registration);
• basis for payment (purchase and sale agreement, its imprint);
• It is advisable to involve a witness who will make a note that the funds were transferred in his presence. The document should also indicate his passport details.

They try to make a bank transfer directly on the day of the transaction before visiting a notary or judicial authorities. Confirmation of the transfer of money will be a debit order issued by the bank. A copy of the paper can be given to the seller after presenting the original.

A safe deposit box is often used when purchasing an apartment with a mortgage. The seller and buyer together enter into an agreement with the bank to open it. The document will state who and under what conditions has the right to enter the safe space and use the key, i.e. get money.

In the normal course of a transaction, on the day it is concluded, the buyer receives borrowed funds or brings his own cash. Both the seller and the buyer enter the safe space together, check the stacks, whether the pledged amount complies with the terms of the contract, put the money in the safe and leave for the transaction. After its registration, the following have the right to return for money:

• the seller, upon presentation to the bank employee of the registered purchase and sale agreement and passport;
• the buyer upon expiration of the agreed period if the transaction does not take place.

Letter of credit is a bank account opened by the buyer; the seller has the right to dispose of it after registering the transaction and presenting the necessary papers. The scheme is similar to the scheme with a safe deposit box.

Transaction registration

Ownership of a property comes only at the time of making a record of the state registration of this fact in the state register (USRE), and not immediately after the documents are transferred to the registrar.

Documents required for registration:

• passports (birth certificates for minors, residence permits or national passports with a registration mark from the Department of Internal Affairs for foreigners) and copies of them from all participants in the operation;
• power of attorney, if one of the parties acts through a representative or is married (then a certificate of its conclusion is also required);
• permission from the guardianship authorities if one of the sellers is a minor or incapacitated;
• cadastral passport;
• title documents;
• application for registration (printed by the registrar);
• receipt (copy) of payment of state duty.

After checking the package of papers, both parties are given a receipt confirming its receipt. The document will be required for:

• tracking the registration process online or by phone;
• obtaining a certificate of ownership and a registered agreement.

The transaction can also be completed by a notary, but the transfer of ownership of the apartment is still subject exclusively to state registration with the justice authorities. MFCs provide a similar service.

The presence of errors in documents (any), or the provision of an incomplete set of papers is grounds for suspension of registration or refusal of it.

If the property has been owned for less than 5 years (if there was a donation, inheritance or privatization - 3 years) and costs more than 1 million rubles, then the seller will be required to pay 13% income tax on the transaction amount exceeding the specified amount. To avoid this, a lower price is indicated in the contract. For the buyer, this is fraught with the fact that in the event of proceedings in court, the latter will proceed from the fact that only the amount stated in the document was paid for the apartment.

The way out is to indicate that the property is being sold for 1 million rubles, but it is accompanied by inseparable improvements worth X rubles, where X is the total cost of the property minus 1 million rubles. Similar formulations are also acceptable to credit organizations that issue mortgage loans.

But the buyer has the right to receive a tax deduction once in his life in connection with the purchase of housing for the amount specified in the contract (no more than 2 million rubles). If you indicate a lower value, he may lose part of the tax deduction amount. If the documents indicate 1 million, and 2 million are paid, then the losses will be:

(2,000,000 – 1,000,000) x 0.13 = 260,000 rubles.

Also, the seller is exempt from paying personal income tax if he sells his only home.

Do not be shy! If you are not sure, ask to see the papers and the object again and again, check them carefully (even if slowly). You pay a lot of money, you have the right to check everything that seems suspicious, to clarify any controversial issues.

If the complaints relate to the quality of housing, bargain. It is quite possible to reduce the required amount by part of the cost of future repairs.
If the conditions are not satisfactory, you should refuse the transaction or postpone it.

What types of real estate transactions exist? What you need to check before concluding a transaction. Additional terms and conditions of the Apartment Purchase and Sale Agreement. Transaction options.

Many people have faced the issue of buying and selling real estate at least once in their lives. To avoid unpleasant situations associated with fraud or errors in documentation, you need to know how to go through the procedure for drawing up an apartment purchase and sale agreement and take into account the nuances that exist in the current legislation of Russia.

What is PrEP

A purchase and sale agreement (PSA) is a written document that is signed by both parties and
entails legal consequences. In the case of purchasing an apartment, the conclusion of an agreement will entail the alienation of property from the Seller in exchange for a certain amount of money, and the emergence of ownership rights from the Buyer.

Once the parties sign the agreement, they are responsible for fulfilling the obligations specified in it.

Subsequently, the Buyer and Seller must apply to Rosreestr to register the transfer of ownership. The basis for the application is the conclusion of an appropriate agreement. If errors or inconsistencies are found in the document, registration will be impossible. The question naturally arises about the standard form of a purchase and sale agreement for 2019, which can be filled out and guaranteed to avoid problems. Alas, there is no universal form, but there are a number of samples that can be edited to suit current circumstances.

What types of real estate transactions are there?

The right to dispose of the property belongs only to the owner, but transactions can also be made through representatives by proxy.

The most common types of transactions are:

• purchase and sale of housing or non-residential properties, land plots;
• Rental Property;
• exchange of real estate;
• gratuitous transactions, donation, privatization, inheritance by will.

The law provides for mandatory registration of real estate transactions in Rosreestr.

All information during registration is entered into the state register of the Unified State Register of Real Estate. An exception can only be provided for by law (for example, this rule does not apply to short-term rental of real estate).

Conducting real estate transactions without the assistance of a lawyer can create serious problems for you. You risk facing fraud, losing your own money or rights to an apartment.

The lawyer’s task is to eliminate all these consequences and ensure the protection of your interests at all stages of the transaction, from checking the reliability of the counterparty to registering the property with the Rosreestr service.

If you decide to enter into a lease agreement, remember the rules for registering such transactions. When concluding a long-term contract (more than one year), the transaction must be registered with Rosreestr.

Transactions with change of ownership

Most often, at the everyday level, people carry out such procedures themselves or turn to an agency to support a real estate transaction, as a result of which property passes from one owner to another.

Such transactions include:

• purchase and sale;
• inheritance of any kind;
• realization of collateral or debt obligations;
• privatization of state or municipal property;
• nationalization (transfer of ownership from the state);
• registration of a life annuity or maintenance with a dependent;
• gratuitous or compensated seizure of land or demolition of a building;
• exchange operations.

To familiarize yourself with an example of such an operation, I suggest reading the article “Supporting a transaction for the purchase and sale of an apartment.”

Transactions with changes in the composition of owners

Often transactions occur with shares of real estate.

At the same time, the quantitative and qualitative composition of owners changes. Some of them may continue
own the object, while others lose this right.

Transactions of this type include corporatization, division of property, shared construction, resettlement of communal apartments and entry into a condominium. In the sphere of economic relations, this is: liquidation of an enterprise, as well as the inclusion of real estate in the authorized capital.

Taking out a loan secured by real estate implies that, under certain conditions, the ownership of the home is transferred to the bank.

Transactions with the addition of other subjects of rights

Sometimes some types of commercial activity involve real estate transactions that result in additional owners, users, or restrictions (easements) for a particular property.

Such operations include:

• investing in construction or reconstruction;
• transfer of property into operational, trust management or economic management;
• rent, hire or sublease;
• transfer of land plots into inherited possession or permanent use;
• imposition and removal of easements;
• reservation.

At the same time, the procedure for registering real estate in each of the cases considered has its own characteristics, which you can understand if you read the corresponding article on our website.

Legislation

In the Civil Code of the Russian Federation, Article 429 is devoted to the preliminary agreement. The paragraphs of this article state that:

• The main obligation of the selling and buying parties is the conclusion of the main agreement after a certain period of time;
• If one of the parties to the contract violates the prescribed obligations and does not want to formalize the main contract, the second party has the right to go to court (clause 4 of Article 445 of the Civil Code of the Russian Federation).

Regulatory acts governing the execution of a purchase and sale agreement

So that no one doubts the legality of the transaction or can challenge it, it is necessary to draw up an agreement in accordance with the provisions of the law:

Law/Article

Basic provisions

About the form of the contract
Art. 550, art. 434 Civil Code of the Russian Federation	According to the document, only a written form of agreement on the purchase and sale of property is acceptable.
Art. 554 Civil Code of the Russian Federation	On the need to provide specific information about the subject of the purchase and sale agreement.
Art. 558 Civil Code of the Russian Federation	It states that it is necessary to indicate in the contract the persons who retain the right of use.
About the contents of the apartment
Art. 210 Civil Code of the Russian Federation	The owner must pay for utilities. Upon transfer of ownership, responsibilities for maintaining the property are transferred to the new owner.
About payment
clause 5 art. 488 Civil Code of the Russian Federation	Until the price of the apartment is paid, it may be the seller’s collateral, unless otherwise provided by the agreement.
Art. 555 Civil Code of the Russian Federation	The contract must indicate the price of the object. This allows you to identify the subject of the transaction.
About the transfer of property
Art. 556 Civil Code of the Russian Federation	The article reflects the rules for the transfer of real estate. The parties must sign a document - a transfer deed, and indicate this in one of the paragraphs.
On the recognition of the invalidity of a transaction, on the responsibility of the seller and the buyer
Art. 461 Civil Code of the Russian Federation, Art. 557 Civil Code of the Russian Federation	The purpose of the rule of law is to protect the buyer. If the apartment is seized by third parties, the seller must compensate for losses caused as a result of the seizure. The exception is the buyer's awareness of the unfavorable circumstances of the transaction. In addition, if the Buyer discovers fatal deficiencies, he may refuse to fulfill the contract and demand a refund.
On the invalidity of the contract
Art. 167 Civil Code of the Russian Federation	If the DCT is invalid, the buyer must return the apartment, and the seller must return the money. If a return in kind is not possible, the cost of the property will be reimbursed.
About notarization, state registration
Art. 551 of the Civil Code of the Russian Federation, Law No. 218-FZ on state registration of real estate	Regulate the need for state registration.
Art. 131 Civil Code of the Russian Federation	The transfer of ownership of the property must be registered. As a result, the registration authority issues a document indicating the new owner.

Familiarization with the main provisions of the documents will give you an idea of ​​​​how to independently draw up an agreement for the purchase and sale of an apartment. However, it is necessary to take into account the terms of the transaction and accompanying circumstances. For example, if the alienation of an apartment concerns minor children or spouses, their interests should be taken into account, referring to the articles of the Family Code (Article 34, Article 35 of the RF IC).

Transaction options

At the moment, there are several ways to conduct a transaction. Each has its own pros and cons, but they are all in demand in their own way.

• With the help of a notary
  Registration of the purchase and sale of an apartment with the participation of a notary gives one advantage - a lawyer. It is he who bears full responsibility for the correctness of contracts. Plus, notarized documents record any legal action. The buyer is not always aware of what documents need to be required from the seller and how to check them. The notary will also take care of this and tell you all the possible nuances and risks.
• Self-registration
  This type of registration allows the seller to control all stages of the purchase and sale. The advantage of independently registering the purchase and sale of an apartment is saving money on a realtor and notary, as well as personal control over the entire transaction process. The disadvantage of this option is the labor-intensive and lengthy procedure, which requires a lot of time and knowledge of certain laws.
• With the help of a realtor
  A realtor is a specialist involved in real estate transactions. In the process of registration of purchase and sale, he is the main assistant. Functions performed by a realtor:
• assistance in selling and finding the apartment you need;
• organization of viewing and showing of the apartment;
• decision on the timing of the transaction;
• organizing payment of a deposit or advance payment;
• consultation on all possible issues related to purchase and sale;
• verification of provided documents;
• organization of transactions and settlements.
  The advantage of working with a realtor is that you save your time. The downside is the cash costs. As can be seen from the functions of a realtor, these issues can be resolved independently (with certain initial knowledge).

The nuances of an independent transaction without the participation of a realtor/notary

Selling an apartment yourself requires special care and caution. There are many nuances in this case, the main thing is to study and remember them:

• It is advisable not to pay the deposit amount in excess of 80-110 thousand rubles. And be sure to take a receipt from the recipient of the money. Read how to compose it correctly here.
• It is not recommended to agree to the seller’s request to deliberately lower the price of the apartment. The situation may turn against the buyer. And if something goes wrong, then the court will be able to recover only that smaller amount from the seller. Although usually it doesn’t come to this, and the seller does this to evade taxes.
• If an apartment is purchased from a developer, then you should very carefully check all the documents and information: - Constituent documents of the developer (certificate of state registration, charter).
  — Accounting statements for all periods.
  — Project declaration.
  — Construction permit for land.
• If an apartment is purchased with a mortgage, it is very important to first resolve the financial issue with the bank. Sometimes it happens that the purchase and sale process has already begun, and the bank abruptly refuses the loan. In the end, everything falls apart.
• During the acceptance and transfer of the deposit, it is advisable to draw up a preliminary purchase and sale agreement, which indicates the penalties that will need to be paid if the terms of the agreement are violated.

If the seller/buyer has carefully studied all the points of registration of the purchase and sale of an apartment, prepared all the necessary papers, then he will certainly avoid many difficulties. After all, such a labor-intensive process can also be fraught with pitfalls.

Documents required for drawing up an agreement

The purchase and sale agreement for an apartment is drawn up in simple written form. If you want, you can have it notarized, but this is not necessary.

Since December 29, 2015, the participation of a notary has become mandatory when making transactions with shares of an apartment, as well as when selling property owned by minors. Other real estate transactions still do not need to be certified by a notary.

What documents will be needed when drawing up an apartment purchase and sale agreement?

First of all, a certificate of ownership of the apartment being sold. In addition to the certificate, you will also need a title document that confirms the basis for the emergence of ownership rights of the seller of the apartment. Such a document could be:

• agreement on the transfer of an apartment into the ownership of citizens (privatization);
• gift agreement;
• certificate of inheritance;
• court decision recognizing ownership rights.

You will also need passport data of both parties, that is, the seller and the buyer.

In addition, you need to stock up on a certificate about who is registered in this apartment. If no one is registered in it, a certificate will also be needed.

If the seller of the apartment is married, the consent of the second spouse will be required to sell the apartment. If the owner is a minor, you will need to obtain a decree from the guardianship authorities authorizing the sale of the apartment.

From December 29, 2015, a resolution from the guardianship authorities is requested by a notary.

And of course, you will need a receipt for payment of the state duty. The amount of state duty for registering the transfer of ownership of real estate is 2 thousand rubles. The payer of the state duty is the buyer of the apartment.

Essential terms of the real estate purchase and sale agreement

“Essential” are the mandatory terms of the contract, in the absence of at least one of which, the contract is considered not concluded.

The essential terms of the Apartment Sale and Purchase Agreement include:

1. Title of the document.
   The title “Purchase and Sale Agreement” is indicated, as well as the date and place (city/town) of its conclusion.
2. Parties to the contract.
   The full name and passport details of the Seller and Buyer are indicated.
3. The subject of the agreement is an apartment (Article 554 of the Civil Code of the Russian Federation).
   Unambiguous identification data of the real estate is indicated: name (apartment/share/room/house), purpose (residential/non-residential), address, floor, total area (in accordance with the Title data).
4. The essence of the agreement.
   It is indicated that the sale of the apartment is taking place (and not its donation, rental, etc.)
5. Contract price (Article 555 of the Civil Code of the Russian Federation).
   The amount of money agreed upon by the parties to be paid for the apartment is indicated.
6. A list of persons living in the apartment who retain the right to use the apartment after the transaction, indicating the rights of these persons to use the apartment (Clause 1 of Article 558 of the Civil Code of the Russian Federation).
   The Seller's family members are listed, who at the time of the transaction are still “registered” in the apartment, and the obligation and timing of their “checkout” after the transaction are indicated (this usually happens in alternative transactions).

If the rights to an apartment are limited, then this must also be indicated in the contract, otherwise registration may be denied.

Additional terms and conditions of the Apartment Sale and Purchase Agreement (APA)

In addition to the essential conditions, the DCT, as a rule, specifies a number of additional conditions and information, the number and composition of which depend on the specific transaction and the wishes of the parties, as well as on the literacy of the lawyer drafting the agreement. Although these additional conditions are not mandatory (i.e. they do not have to be specified in the contract), if they are specified, they have the same force and carry the same legal consequences as the main (material) conditions.

Every phrase in the contract has a meaning. And it is the additional terms of the contract that reflect the nuances and features of a particular transaction, as well as the requirements and wishes of its participants.

In particular, the Apartment Sale and Purchase Agreement specifies the following additional conditions, information and obligations of the parties:

By agreement of the parties, the contract may also indicate additional obligations, confirmations, guarantees, as well as penalties and penalties for each of the parties in case of failure to fulfill obligations.

In general, the contract may indicate any additional conditions agreed upon by the parties to the transaction, as long as they do not contradict the law and the essence of the contract itself.

The rules for the application of real estate purchase and sale agreements are regulated by the Civil Code of the Russian Federation, in particular, articles 549 – 558.

If the DCP contains several sheets, then all of them must be stitched, fastened together, and certified by the signatures of the parties.

The apartment purchase and sale agreement is drawn up and signed in at least 3 copies: one copy for each party to the agreement, and one copy for the registrar (UFRS).

The actual fulfillment of the terms of the contract (fulfillment of obligations) is then recorded by signing the Acceptance and Transfer Certificate of the apartment.

Stages of a purchase and sale transaction

The implementation of the purchase and sale agreement with the subsequent execution of the agreement is regulated by the provisions of Art. 454 Civil Code of the Russian Federation.

The article establishes the procedure for carrying out a transaction, according to which the buyer must transfer ownership of the property, and the seller must accept it and pay money for it.

The transaction price must be agreed upon by the counterparties before the transaction is completed.

According to the established rules, the procedure for concluding the purchase and sale of real estate is carried out in stages.

Transaction stages include:

1. Concluding a preliminary purchase and sale agreement;
2. Signing the main agreement;
3. Transfer of housing to the buyer, signing of the acceptance certificate;
4. Completion of settlements between the parties;
5. Completion of state registration of the transaction in Rosreestr and obtaining an extract from the Unified State Register of Real Estate.

What to check before concluding a transaction

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

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

Verification of apartment owners and seller

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

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

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

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

Authenticity of documents

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

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

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

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

Availability of an encumbrance on the apartment

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

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

Table 4. Types of housing encumbrance

View	Note
Mortgage	An unpaid mortgage that places a lien on the property can be a barrier to selling it.
Rent	Sale of residential premises at the moment when they are rented out to other citizens
Rent (an agreement on the basis of which a citizen provides the owner with everything necessary throughout his life or for a certain period. In return, he receives ownership of his apartment)	Selling an apartment that is supposed to go to a new owner in the future is unacceptable
Arrest	Selling a property that is under arrest is problematic. The reason for the arrest was the lack of payment of bills and services for a long time. In this case, restrictions will be applied by government services
Trust management	Trust management means looking after the property of an outsider for a certain period of time. During this period he has the right to live in an apartment

No debts, arrests or prohibitions

The debt is registered with the owner, and not with his premises. In practice, controversial situations often arise after the transfer of ownership. It is advisable to take into account the size of the debt or its absence when drawing up a purchase and sale agreement with a mortgage. If there is a seizure of property or other encumbrances, you will see them in the extract from the Unified State Register of Real Estate. A certificate of absence of debt for housing and communal services is issued by the MFC or the company servicing the building (for example, a management company).

It is unlikely that the bank will approve a mortgage if you have utility debts. But consider the following options:

• stipulate in the contract the seller’s obligation to send an advance to repay the debt, which will be confirmed by a certificate of repayment;
• purchase of real estate along with debt, while the contract price is proportionately reduced; Remember, the mortgage will not cover the seller's debt.

You can read about how to buy or sell real estate that is pledged to the bank and correctly assess the risks in another article: Selling or buying real estate with pledge.

The bank checks for the presence or absence of arrests and prohibitions by requesting a USRN extract in electronic form.

The Client can request an extract in electronic form on the Rosreestr website (rosreestr.ru) to ensure that there are no restrictions.

Drawing up a contract for the purchase and sale of an apartment in 2019

There are three ways to conclude a real estate purchase and sale agreement:

• On one's own. In this case, the seller and buyer, without resorting to the services of intermediaries, agree on the key terms themselves and draw up a contract. They also submit applications for registration of the transfer of rights and registration of rights with Rosreestr.
• Registration by a notary. It is required in cases specified by law or if the parties wish. The notary will check the legal capacity of the parties to the transaction, advise on the consequences and important nuances, and will be responsible for the legality.
• Through a realtor. A real estate specialist can accompany the entire transaction or certain stages of it. He will connect the seller and the buyer with each other, organize a showing of the apartment and negotiations, check the history of previous transactions on the apartment, legal and legal purity.

By doing it yourself, you can save a lot of time and money, but turning to specialists will help secure the deal and save energy in exchange for paying for their services.

You can sell or buy an apartment either for cash or with a mortgage. There will be few differences in the agreement - clauses related to the mortgage will be added, such as the size of the loan, for example. In addition, a mortgage requires a mandatory assessment of the collateral housing.

Based on the provisions of the Civil Code, the purchase and sale agreement specifies:

• information about the parties to the transaction;
• specific information about the apartment:
• price;
• the procedure for settlements between the buyer and the seller.

Preliminary agreement for the purchase and sale of an apartment

You can also purchase detailed advice on filling out a contract template taking into account the circumstances of your transaction and an already adapted template for it. You will receive an email with a link to view the consultation and a link to download an adapted preliminary agreement template.

Of course, every real estate transaction requires an individual contract, because your signature on it costs a lot of money.

Termination of the preliminary agreement

Termination of any contract, including a preliminary one, occurs:

• By mutual agreement of the parties;
• If it is formatted incorrectly;
• If the parties to the contract fail to fulfill their obligations. In this case, there is no talk about a mortgage loan and trust.

Dates and validity period

The first date, usually written immediately under the heading, is the date the agreement was drawn up and signed. This is where the countdown of the contract begins.

The second date that is written in the document is the day or deadline for the main transaction. If the parties cannot specify this date, the conclusion of the main purchase and sale agreement must occur within a year from the date of the first date. If both parties did not have time to prepare for the transaction on the appointed date, they can agree with each other and set a new date.

Such leniency is possible if purchasing an apartment does not present financial difficulties for the buyer. In the contract for the purchase and sale of an apartment under a mortgage, the date of conclusion of the main transaction is always indicated and cannot be postponed. Otherwise, the bank will refuse the buyer a mortgage loan and will add it to the list of unreliable clients.

Information about the seller and buyer

The mandatory requirements for specifying personal data in the contract are the same for both counterparties.

• Full Name;
• Citizenship;
• Year of birth;
• Passport number and series, by whom and when issued;
• Registration at residential address.

If there are several sellers/buyers - an apartment is being sold/buyed, for example, by spouses - personal data must be indicated in sequential order for each.

If one of the parties is represented by another person (third party) by power of attorney, the preliminary purchase and sale agreement indicates the details of the power of attorney certified by a notary.

Object information

The object or subject of the purchase and sale agreement is the apartment that the buyer is going to buy from the seller using a mortgage. The more information provided about the apartment, the more accurate its assessment will be and the more reliable the chance of receiving approval for the amount of the requested loan.

The contract must indicate:

1. House type:

• Apartment;
• Low-rise;
• Country;
• The year it was built.

1. Location and characteristics of the object:

• The exact address indicating the locality, district, region, street, house and apartment numbers;
• The floor where the apartment is located and the number of floors of the building;
• Common/living area;
• Number of rooms (meters, shares).

1. Condition of the object (repair, without repair, what is the state of communications) with an inventory of items, furniture that are transferred to the buyer.
2. No encumbrances:

• The apartment is not under arrest, there is no claim, no court decision;
• There is no mortgage on the apartment, the apartment is not pledged;
• There is no rent registered for the apartment;
• The apartment is not rented or leased.

Agreement on deposit

If, under a preliminary agreement for the purchase and sale of real estate, you transfer a deposit, to ensure that the parties to the transaction fulfill preliminary agreements, the Deposit Agreement is a mandatory document, otherwise the court (in the event of a failed transaction) will consider the deposit an advance!

Transfer and Acceptance Certificate

It is necessary to carry out not only legal registration of the transfer of ownership, but also
actual. For this purpose, a transfer and acceptance certificate is drawn up. It indicates what property was transferred and in what condition. This document records the fulfillment of obligations under the contract and is its addition.

The document is drawn up with the help of a lawyer, but knowing what the act looks like, you can prepare it yourself.

After signing the transfer deed, all responsibility for the apartment (including payment of utility bills) passes to the buyer.

An example of an apartment transfer and acceptance certificate

The transfer deed can be signed before or after the registration of the transfer of ownership. In some regions, registration actions are not carried out without an act, therefore, it is recommended that the Main Agreement stipulate in a separate clause the possibility of drawing up an act after registration.

Validity

The purchase and sale agreement is valid until all the conditions listed in it are met. This rule is stipulated in paragraph 3 of Art. 425 Civil Code of the Russian Federation.

If the money is transferred to the seller, and the buyer has received all the documents for the apartment and registered the transfer of ownership, the transaction can be considered completed. However, there are curious situations when the document contains conditions that limit the actions of the new owner. For example, one of the points may be the condition not to get a dog or not to carry out repair work on weekends. As long as their implementation remains relevant, the agreement is considered valid.

Important

Even after the expiration of the contract, the parties are responsible for violating its terms.

Until the agreement is fulfilled, that is, it is not registered, the parties can cancel the transaction through conciliation. Once the contract has been executed, it cannot be canceled. You will have to either go to court or carry out a reverse transaction.

A claim for cancellation of a sale or purchase can be filed within 3 years from the date of the transaction, however, the filing period can be extended if the party was not previously aware of the violation of their rights.

How many copies should there be?

The agreement is drawn up in at least 3 copies. One is stored in Rosreestr, the second is handed over to the Seller, and the third to the Buyer.

If there are several sellers or buyers, that is, an apartment that is in common shared ownership is being sold, the number of contracts must be equal to the number of participants in the transaction.

From what moment is the contract considered concluded?

According to Art. 433 of the Civil Code of the Russian Federation, the contract is considered concluded if:

• the offer (proposal to conclude an agreement) was accepted by the other party, agreements were reached on all points of the document;
• the property is transferred according to the agreed conditions.

The absence of state registration cannot serve as a basis for invalidating the contract. That is, before registration, the buyer is already the Owner of the property, but cannot actually dispose of it (Resolution of the Plenum of the Armed Forces of the Russian Federation 10/22 of April 29, 2010).

Where to see, how to find out the number of the apartment purchase and sale agreement

In most cases, the contract number is not indicated. If there is no number, but you need to put it in, write “b/n”.

If it is necessary to indicate a registration number, you should pay attention to the seal of Rosreestr.

It will indicate the date and registration number.

Calculations under a purchase and sale agreement with a mortgage

The agreement describes the procedure for transferring own and credit funds; the more detailed, the fewer questions will arise during further registration. The main risks for the buyer and seller lie in the conditions for the return of the advance payment if the transaction does not go through. The guilty party may be left without a deposit and also pay a fine. Stand up for your interests. Responsibility options:

• the advance remains with the seller if the purchase and sale did not take place due to the fault of the buyer;
• the seller returns the deposit in double amount (or with another penalty) if he is at fault;
• the advance is returned without penalties, no matter whose fault it is - this condition is rare.

You may want to insist on a detailed description of what events are covered by the fault to avoid ambiguity in the language.

The transfer of the first installment is often documented by the parties through a preliminary agreement. In this case, the form of the Preliminary Agreement must be the same as the main one, that is, if a notarial form is provided for the main Agreement, then the preliminary agreement must be notarial. The document has less legal force than the main purchase and sale agreement with a mortgage. It puts the intentions of the parties on paper and eliminates the need to re-negotiate key dates of the main agreement, which are difficult to calculate at the stage of collecting information. Also, the transfer of the down payment can be confirmed by a receipt.

Never sign a purchase or sale agreement if it is stated that payments have been made in full, but in fact the money has not been transferred. It is better to specify in the contract exactly the payment method that will actually be used.

What determines the price of real estate transactions - an overview of factors influencing the cost

The price is influenced by the complexity of the procedure itself, the cost of the facility, and the duration of the procedure. In addition, the method of completing the transaction plays an important role in pricing. Contacting a notary is expensive. To this you need to add consent from the spouse, which costs 1000 rubles.

The amount of the state duty upon registration itself is determined by the tax code and depends on the type of object. I propose to take a closer look at the three main factors that influence the price of real estate transactions.

Cost of the property

The transaction amount plays a big role when registering ownership. Read our detailed article about this procedure. This relates not so much to the State Duty, but to the calculation of the cost of third party services. For example, the notary must be paid a certain percentage of the cost of the housing being sold.

When contacting lawyers for real estate transactions, the tariff for their services is also calculated based on the transaction amount, although not always.

Complexity of the procedure

An important role in pricing is played by the complexity of the paperwork procedure itself for real estate transactions. The fact is that many objects are not provided with all the necessary documentation that should be available during registration. In particular, technical passports, cadastral diagrams, and other important documents may be missing.

Sometimes situations arise in which the object of the transaction becomes the object of a dispute between relatives or heirs. Resolving such situations also requires financial investments. Therefore, the more such difficulties, the higher the cost of a real estate lawyer’s services.

Time costs

Often, completing a transaction requires spending more time than would normally be required. For example, when the owners or heirs live in different cities, and it takes time for them to arrive. Sometimes, in order to register real estate, you need to obtain the right to do so in court. Such legal issues are also not resolved quickly. The longer the period, the more you have to pay.

Where can you formalize, draw up, and register the contract?

You can draw up an agreement in one of the following ways:

• on one's own;
• with the help of a realtor;
• with the help of a lawyer;
• at the notary.

A realtor should not have a legal education, so the agency representative may be incompetent in matters of concluding contracts. The realtor usually has a “blank” agreement that he can give to the Seller and the Buyer, and the document is filled out directly in the legal department of the organization.

The notary's check is more thorough, which means the parties are safer.

If you entrust the registration to a notary, he will do the following work:

1. Find out the circumstances of the sale. He will draw up not a standard agreement, but one related to the specifics of the transaction, taking into account the interests of both parties.
2. Based on his own experience, he will introduce the points necessary to reduce the risk of termination of the agreement.

In addition to the above, a notary can testify about the sanity and legal capacity of persons, so it will be impossible to challenge the document.

One of the advantages of executing a transaction through a notary is the ability to make payments through his special depositary account.

A lawyer provides similar services, with the only difference that he will not be able to provide a notarization. However, with the assistance of a lawyer, the purity of the transaction will be guaranteed.

Is an apartment purchase and sale agreement subject to state registration?

State registration of the purchase and sale agreement is provided for in clause 2 of Art. 558 of the Civil Code of the Russian Federation, however, the article contains a note. If it was concluded after 03/01/2013, state registration is not required.

You will still have to contact Rosreestr to register the transfer of ownership, which will be recorded in the Unified State Register of Real Estate. This is where the agreement comes in handy; without it, changes will not be made.

At the moment, to confirm ownership it is necessary to obtain an extract from the Unified State Register of Real Estate. Previously issued state registration certificates remain valid.

If one of the counterparties refuses to contact Rosreestr, you can file a complaint in court. As a result, a decision is made on state registration, and the owner who is evading for no reason will be obliged to compensate the other party for the damage caused by the delay.

Special cases of alienation

Selling an entire apartment to one Buyer

Shareholders draw up a general purchase and sale agreement. They are all entered into the document as “Sellers”. Each of them will also need to put their signature on the agreement. The “price” is the cost of the entire apartment; subsequently, the proceeds are divided among the former owners in proportion to their shares. In this case, it is not necessary to observe the pre-emptive right of purchase in relation to each other. For re-registration of property rights in Rosreestr, the Buyer (new owner) pays only one state duty.

Selling an apartment in fractional shares

In this case, it does not matter whether the property is alienated in favor of one Buyer or several different Buyers. Each Seller enters into a new purchase and sale agreement with the Buyer, indicating as the “price” the cost of his specific share. The pre-emptive right to purchase must be taken into account by all co-owners - in relation to each other.

For re-registration of property rights in Rosreestr, the Buyer will need to pay as many state fees as there are separate agreements concluded between him and the Sellers. If, within the framework of a general purchase and sale agreement, several Buyers are indicated, then the state duty is divided (either in proportion to their shares, or according to the principle of equal payment - for example, 500 rubles from each).

Purchase and sale between spouses

Here some features arise related to the concept of “ownership of jointly acquired property.” For example, a wife who has bought a share of an apartment will be able to simultaneously claim half of the funds, which she herself will pay to her husband. In this case, the entire buying and selling process becomes meaningless.

To avoid the absurdity of the transaction, spouses should first divide the jointly acquired property (i.e., allocate their exact shares), and then draw up a marriage contract on the separate ownership of the property from the moment of conclusion of this document. Both of these procedures can be carried out voluntarily in the notary’s office. After completing these steps, the spouses will become independent entities and will be able to dispose of their shares, incl. – implement them for each other’s benefit. The purchase and sale agreement will be drawn up in a standard form.

Primary housing

To purchase housing in a new building, you need to take out a loan for its purchase from a bank. But for this you will need to fulfill certain requirements.

Is it possible to purchase a home on credit without a down payment, see the article: apartment with a mortgage without a down payment.

Often the bank's requirement comes down to purchasing an apartment from an accredited construction company by concluding a preliminary agreement with it.

The procedure for obtaining a mortgage loan from a developer:

The preliminary agreement must contain the essential terms of the main purchase and sale transaction, for example, the amount of the initial contribution, the terms of payment, etc.

Developers, when concluding a preliminary agreement for the purchase of an apartment in a new building, often do not stipulate their responsibility in the event of untimely commissioning of the house.

The preliminary agreement must contain the exact address of the subject of the agreement, allowing identification of the residential space being purchased.

Buying and selling between relatives

If a relative is also a co-owner, then the pre-emptive right to purchase is considered taken into account and exercised. If the relative is not one of the co-owners, then the Seller will first need to comply with the right of first refusal that the other co-owners have. Only if they renounce the share can it be realized in favor of a relative.

No matter how trusting the relationship between close people is, you will need to draw up an agreement according to all the rules. It is necessary to record both the transfer of the share and the transfer of money in the prescribed manner (for example, by drawing up a transfer deed and a receipt for receipt of funds).

A minor/incapacitated/partially capable person as a Seller

In this case, the Guardianship and Trusteeship Authorities must provide their consent to the transaction. PLO employees are called upon to ensure that the owner does not lose his share irrevocably. He must receive either the funds saved in the registered bank account or an equivalent share elsewhere.

The legal representatives of a minor/incapacitated/limited person are responsible for submitting an application to the OOP. If the owner has 2 parents (adoptive parents, guardians, trustees), then the application must be submitted by them together. A shareholder over 14 years of age supplements the application with his written consent to carry out the transaction. Permission or a reasoned refusal is issued by PLO employees within 15 calendar days after receiving the application.

According to paragraph 3 of Art. 37 of the Civil Code of the Russian Federation, the legal representative of a minor/incapacitated/partially capable person cannot enter into property transactions with his ward. Only a gift is allowed, from a parent, adoptive parent, guardian or trustee to a ward, but not vice versa.

The legal representative also does not have the right to act on behalf of his ward if the other party to the transaction is the spouse/other close relative of the legal representative. If you wish to conduct such a property transaction, the legal representative will need to contact the PLO. It is this body that will analyze how appropriate such a purchase and sale is. Employees of the institution will temporarily assume responsibilities for the legal representation of a minor/incapacitated/partially capable person.

How to complete a complex real estate transaction - converting residential premises into non-residential premises in 4 steps

Until now, we have considered more or less simple real estate transactions. This does not mean that all objects without exception are so easily registered.

There are so-called “complex” real estate transactions, the execution of which requires additional effort.

I propose to consider in practice the issue of transferring residential premises to non-residential ones. This temptation arises among those owners whose housing is located on the ground floor of the building, but is not used for its intended purpose. If you transfer the apartment to the status of non-residential premises, you can profitably rent it out to legal entities or individual entrepreneurs.

We collect documents and contact the appropriate authorities

Before doing this, you need to understand the rules that are clearly stated in the housing code.

When you cannot transfer an apartment to non-residential status:

• if the premises cannot be equipped with a separate entrance in addition to the entrance;
• if you do not want to transfer the entire apartment, but only individual rooms;
• if the apartment is leased or is pledged;
• if it is not on the first floor of an apartment building.

To carry out this entire procedure, you need to collect a certain package of documents, but the decision will be made by the authorized body, and it is not always positive.

Documentation:

• statement;
• title deed;
• registration certificate;
• redevelopment plan;
• floor plan of the house.

In addition, officials have the right to require the owner to provide the consent of other residents of the house whose interests may be affected.

Contact BTI to determine the cost of translation

It is not enough to submit documents to transfer residential premises to non-residential ones. It is also necessary to submit a detailed plan for the future non-residential premises. To do this, first contact the BTI, where they will make a full calculation of the cost of services. Find out the amount of the state duty there.

We change the layout and coordinate actions with the competent authorities

If a different layout is needed for future non-residential premises, then permission for reconstruction must be obtained from the construction department of your municipality. A specialist in the field of construction and architecture will come to the site, who will examine the apartment and give an opinion on the possibility or impossibility of redevelopment according to your sketch.

We register ownership of non-residential premises

After you complete the reconstruction, you need to call BTI employees, who will take all measurements and prepare a new technical passport for this room. Then contact Rosreestr or the MFC with an application for registration of non-residential premises.

How money is transferred when concluding real estate transactions

Since when making real estate transactions the stage of transferring money cannot be avoided, this issue is worth considering in more detail.

In most cases, such transactions involve large sums of money, the transfer of which must be carried out as safely as possible. It is unlikely that anyone today will decide to make a cash payment of several million rubles without protecting themselves in any way.

An alternative would be a non-cash transfer to a bank account, which is sometimes required when taking out a mortgage or registering ownership of an apartment in a new building that was purchased using budget funds under one of the state housing programs. You can also pay in cash using the following methods.

Bank safe deposit box (depository)

A safe deposit box in a special storage facility (depository) is rented by the buyer. There he deposits the required amount in the presence of the seller. After this, the parties sign an agreement on the use of this cell. According to it, the seller will be able to withdraw money from the cell only after registering the property.

If for some reason the registration of ownership does not take place, the buyer will be able to freely withdraw the money. The seller will be allowed into the locker only with a passport and documents confirming the transfer of ownership to the buyer. Renting a safe deposit box for a real estate transaction guarantees security and eliminates fraud.

Deposit with a notary

This is also a reliable, but rather expensive way to transfer money. By itself, it costs only 1,500 rubles, but a real estate transaction with a notary and registration of the spouse’s consent to it will cost about another 20 thousand rubles, depending on the amount of the transaction.

The essence of a deposit with a notary is that the buyer transfers money to his bank account. Then the notary certifies the agreement, which reflects the terms of the transfer of money to the seller. Most often, this is the end of the registration procedure with Rosreestr. If for some reason the registration of ownership of the apartment does not occur, the notary will return the money to the buyer’s account.

Letter of Credit

This method is rarely used, since it is too complicated and not all banks use it. At its core, it is similar to transferring money through a safe deposit box. However, here mutual settlements are made in non-cash form from the buyer’s account to the seller’s account, who can simply cash out the money after completing the property registration procedure.

For mortgage

To apply for a loan, you need to collect the necessary documents and take them to the bank. Next you should choose an apartment. It must comply with technical standards and sanitary rules. After the bank approves your application, you receive funds, which you must spend strictly for their intended purpose.

Be careful that no encumbrances should be placed on the apartment. The seller receives the money he deserves for the apartment, and the buyer makes monthly payments throughout the established mortgage term (usually 15–20 years).

With maternal capital

The law allows using maternity capital to improve a family’s living conditions. To do this, you must be the holder of a certificate - a personalized state-issued document with a unique number.

If a transaction is carried out using such funds, the certificate number is always indicated in the contract.

If you have already chosen an apartment, then after concluding a purchase and sale agreement, you must contact the territorial body of the Pension Fund of the Russian Federation with an application. In it you indicate the purpose for which the money will be spent. You also attach all the necessary documents to your application.

By assignment

The scheme of a transaction for the purchase and sale of an apartment using assignment is as follows. With its help, the new buyer, making payments under the assignment agreement, acquires rights and obligations under the agreement with the developer.

Assignment can hardly be called a method of purchase and sale. Rather, it is a tool with which the party (shareholder or buyer) in the agreement with the developer changes. It is most often distributed in the primary real estate market.

Additional questions

How to sell and buy an apartment at the same time and draw up documents

Often, the purchase of an apartment does not take place “from scratch,” but after the resale of other real estate. For example, parents sell their large living space to buy a separate home for themselves and their children, or a family sells a one-room apartment in order to buy a more spacious option with an additional payment. In any case, the procedure does not change: the buyer looks for a suitable apartment, checks the owner’s documents and discusses the transaction procedure with him, but at the same time advertises the sale of his own home. To ensure that the purchase and sale process goes smoothly and according to the law, they usually turn to realtors for help. They know about all the available offers on the market, can quickly select a suitable home for purchase, and through the client database at the same time find a buyer for the client’s apartment.

Is it possible to buy a municipal apartment?

Municipal real estate is the property of the state. The sale of such an apartment can only take place after privatization, but in this case the housing loses its municipal status and becomes private property. That's why:

1. if you live in a municipal apartment under a social tenancy agreement and have not yet used your right to privatization, use it and receive ownership of your home without payment;
2. if you have already used your right to free privatization, you can buy the property at the average market price from the state;
3. If you are offered to buy a municipal apartment from residents who are not its owners, do not agree - this is a scam.

Is it worth buying apartments at auction?

There are several reasons for selling real estate through auction, including violation by the borrower of the terms of the agreement with the lender, as well as the sale of property of companies that have declared themselves bankrupt. Usually, at bankruptcy auctions, the state sells housing that was owned by legal entities, enterprises, or confiscated for non-payment of utilities and other services. The mortgaged apartment is sold at auction from the bank in order to close a loan that the borrower is unable to repay.

The starting price of real estate at auction is usually 5-10% cheaper than the market value, which makes it possible to purchase housing inexpensively. However, it should be remembered that purchasing apartments from bailiff auctions is associated with risk:

1. the buyer of a mortgaged bank apartment may face litigation from the former owner;
2. there may be debts for utilities on the real estate personal account;
3. problems often arise with registering residents: the former owner can be discharged through the court, but if the registration applies to a minor child, no one has the right to discharge and evict him;
4. there may be an encumbrance on the property that could not be identified during the preliminary paperwork: for example, the enterprise provided its own premises for workers to live in, the company went bankrupt and the premises were put up for auction, but it is illegal to evict residents in need of housing without providing an alternative.

A real estate specialist will help you buy an apartment with a bank encumbrance without risk.

How to buy an apartment in another city without problems

The need to buy a home in another city may be caused by a change of job, the peculiarities of doing business, or the situation in the country or region. In order to carry out such a transaction independently and without risk, you need to set aside time, study the cost of real estate in the region, come to the city to view options and prepare documents. To buy a home in another city without risk and loss of time, seek help from a real estate agency that has branches or employees in different regions. As a rule, such business connections exist between members of the Russian Guild of Realtors or members of specially created professional business communities.

How to buy a home with a mortgage

A mortgage, or a loan secured by real estate, can be used to purchase both new buildings and secondary housing. Compared to a purchase and sale transaction, which involves two people - the seller and the buyer - a mortgage involves a third party - the bank.

Mortgage transaction procedure:

1. The borrower confirms his solvency.
2. He chooses an apartment that meets his requirements for area, floor, decoration and is suitable for the price.
3. Submits documents for an apartment to the bank.
4. The bank reviews the application and the provided package of documents, and if approved, issues a loan.

When applying for a mortgage for a new building, the developer usually offers ready-made programs and lending schemes from partners. You can use one of them, which will save time, or contact another credit institution. When purchasing a secondary property with a mortgage, you need to look for a lender yourself.

There are a number of standard and individual conditions that banks impose on borrowers. Standard evaluation criteria include:

▪ Russian Federation citizenship;

▪ age from 20-21 years at the time of execution of the contract and up to 65-75 years at the time of debt repayment;

▪ work experience of 6 months;

▪ level of income that, in addition to basic family expenses, will allow you to regularly repay the loan and interest on it.

Some banks issue loans to clients under 21 years of age, with an average and low level of official income. For example, Sberbank and Transcapitalbank provide their clients with the opportunity to repay loans up to 75 years, and Sovcombank - up to 85 years. Loyal conditions for assessing borrowers usually apply to mortgage programs with less favorable conditions: with a short lending period, a large down payment and overpayment.

To apply for a mortgage loan, you must write an application on the bank’s form and submit the following documents for verification:

1. copies of passport and identification code;
2. certificate of income and a copy of the work record book;
3. similar documents of co-borrowers, subject to their involvement in the transaction.

If it is planned to use a certificate of maternity capital or savings on a military mortgage as a down payment, the corresponding certificates and account statements are transferred to the bank. The list of documents may differ; the exact list will be issued by bank employees.

Possible encounters with scammers

When purchasing an apartment in a new building, you will have a minimum of problems finding a reliable company that sells housing. However, when purchasing secondary housing on your own, you may have some problems with scammers. There are many pitfalls when completing such a transaction.

A preliminary purchase and sale agreement can protect you in the event that the seller is looking for a more profitable buyer (sample preliminary agreement). When drawing up a deposit agreement, you should discuss the price of the apartment, the deadline for drawing up purchase and sale documents, as well as the amount of the deposit. The date the previous owner moved out is also important.

Before completing a transaction, you should check the documentation for legal purity. This means checking the housing to determine the legality of the basis for the sale of real estate. If this is not possible, you may be fooled. Of particular importance is the living area where the rights of minors were violated. If such a fact is discovered, the court may declare the transaction invalid.

A fairly common fraud is the sale of a home after its owner has died. In this case, the transaction is invalid from the moment of conclusion. You should also carefully monitor the moments when some citizens may have the right to claim a share in this apartment after the sale (those returning from prison, etc.). The house book of the passport office can help with this.

You should be very careful when transferring money. To do this, they often rent lockers in banks. This allows you to protect yourself as much as possible. Quite often, banks give apartment owners access to the locker only after concluding state registration of a real estate purchase and sale agreement. The measure is quite acceptable and is very popular among buyers.

If you are not sure about avoiding all the troubles associated with scammers, then you should contact a reliable agency that will ensure that the transaction is completed with certain guarantees.

Conclusion

When agreeing on a transaction, check the document numbers referenced in your contracts and acts. Typos, even after a few years, can become a formal basis for invalidating a transaction.

Any extracts and certificates are for reference only, their form changes along with the legislation, many of them are abolished. The contract and deed remain the title documents. Keep this in mind and keep them in a safe place.

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Selling an apartment independently allows the seller to personally control every stage of the sale, from finding a buyer to the process of completing the transaction, and significantly save on the services of a realtor.

However, at the same time, the independent sale of residential premises is a rather labor-intensive process that takes a lot of time and requires knowledge of the basics of legislation relating to the purchase and sale of real estate and compliance with certain precautions.

Otherwise, the sale of the apartment may be delayed or even lead to adverse consequences for the owner of this residential premises. Therefore, it is recommended that you first evaluate your knowledge and strengths and weigh the pros and cons of selling yourself.

If you nevertheless decide to sell your home yourself, then you need to approach this process with maximum responsibility in order to avoid problems in the future.

So, what do you need to do to sell an apartment yourself?

Step 1. Preparing the apartment and all necessary documents for sale

Very often, it is the preparation of documents for sale that is the most labor-intensive and time-consuming process. However, the owner of the apartment, who has a set of documents ready for sale, will be able to complete the purchase and sale of housing in the shortest possible time. That is why the collection of documents must be taken with full responsibility.

Not only the speed of sale and registration, but also the legal purity of the transaction, and, possibly, even the price of the apartment will depend on the correctness and completeness of the set of documents required to complete a transaction for the sale of residential premises. Not all buyers will agree to wait several weeks until the seller collects all the necessary documents for the apartment.

To collect a complete set of documents, it is better to contact a lawyer or the registration authority. Competent specialists will help you compile a complete list of all documents for selling an apartment so that nothing is forgotten and the seller does not have to collect additional documents in the future.

The correctness of all documentation is also of great importance, as an incorrectly executed document can lead to a refusal to register a purchase and sale transaction, and, ultimately, significantly increase the time of selling an apartment. Therefore, again, it would be better to first clarify the requirements of the registering authority for a particular document.

In addition, you should carefully check that all documents are filled out correctly. All data specified in the technical documentation for the apartment and other documents must completely coincide with reality. Documents that will be subsequently submitted to the registration authority must contain only reliable data and be filled out legibly, without corrections or erasures.

Required set of documents

1. Certificate of registration of title to the apartment being sold or other title document confirming the owner’s right to housing.

2. Passports or other identification documents all apartment owners, including birth certificates of minor children who do not yet have a passport.

3. Cadastral passport from BTI(or technical passport) for the apartment.

4. Marriage certificate and spouse's consent(or spouse) for the sale of an apartment, certified by a notary. This consent is not required if the apartment is not legally the joint property of the spouses.

5. Permission from guardianship authorities, if the owner of the apartment being sold is a minor.

6. Extract from the house register, reflecting information about all persons registered in the apartment. This statement is valid for a fairly short period of time, so it makes no sense to take it in advance. This document can be obtained immediately before registering the rights of the new owner, when a buyer is found and all other documents are in hand. The same applies to a certificate of absence of debt on utility bills, which will also be required when selling an apartment.

Depending on the specifics of a particular purchase and sale transaction, other documents may be required, the list of which is best clarified in advance.

Preparing an apartment for sale involves not only improving the presentation of the living space being sold, but also freeing it from residents. It is much easier and faster to sell an apartment from which all the tenants have already been evicted, since they will still have to be evicted before the apartment is sold. Vacant apartments are more valuable in the housing market.

Step 2. Finding a buyer

At this stage, the apartment owner will have to evaluate his apartment, having previously studied the real estate market, and find a buyer.

Step 3. Drawing up a preliminary purchase and sale agreement

A preliminary purchase and sale agreement gives the seller a certain guarantee that the buyer will not change his mind about purchasing the apartment, and the buyer that the owner will not sell it to someone else. At the same time, the seller receives an advance or deposit for the apartment from the buyer, which is also fixed in the preliminary agreement.

A deposit agreement or advance payment agreement has similar legal force, which can be concluded instead of a preliminary purchase and sale agreement when the seller and buyer agree on all the terms of the main transaction.

When drawing up these documents, the seller should keep in mind that in civil law there are significant differences between an advance and a deposit. Therefore, it is very important to use the correct legal terminology in a contract or agreement in order to avoid certain difficulties in the future. In the event that the sale of an apartment is canceled for any reason, the advance payment is fully returned to the buyer.

If the parties agreed to make a deposit, unilateral refusal to complete the transaction will lead to the payment of penalties by the guilty party. If the seller refuses to sell the apartment, he is obliged to return the deposit to the buyer in double amount. If the purchase and sale transaction did not take place due to the fault of the buyer, then the deposit remains with the seller.

A preliminary contract for the purchase and sale of a property is drawn up in any form. The contract specifies the passport details of both parties (or legal details if the contract is concluded with a legal entity), the addresses of the parties, the description and address of the apartment being sold, the period of obligation, the amount of the advance or deposit. The contract is dated and signed by the parties.

Step 3. Payments for the apartment

When making a real estate purchase and sale transaction, payments can be made at the time of conclusion of the transaction or at the time of signing the acceptance certificate of the apartment, both using cash and non-cash payments.

However, it is much safer and smarter, especially when independently selling an apartment by an individual, to make payments for the apartment through a safe deposit box.

This operation guarantees that the seller, after completion of the transaction, will receive the agreed amount for the apartment, and the buyer will be able to exercise his ownership of the purchased apartment after transferring funds.

Money, under the control of a bank employee, is deposited by the buyer into a safe deposit box. Before putting money into a cell in a special room, the seller can count and check the money. You can also check the authenticity of money at the bank itself for a fee.

After verification, the money is placed in a special bag and sealed. Signatures of both parties are placed at the gluing site. This procedure ensures that the integrity of the package is maintained while the money is in the bank.

After completing the transaction for the sale of housing and registering the buyer’s ownership of the apartment that is the subject of the transaction, the seller will be able to receive money from the bank.

Step 4. Concluding an apartment purchase and sale agreement and registering the rights of the new owner

The agreement is drawn up in simple written form or certified by a notary. If you have never dealt with the preparation of legal documentation, then, of course, it would be wiser to draw up an agreement with a notary or at least seek advice from a professional lawyer.

In any case, when drawing up an agreement, please pay attention to the fact that in addition to the mandatory details of the parties, the agreement must correctly indicate:

• apartment price;
• address and technical description of the apartment, which completely matches the data of the cadastral passport;
• method and period of transfer of money to the seller;
• distribution of costs for processing a transaction;
• the period during which the seller must vacate the apartment and transfer it to the buyer;
• terms and procedure for signing the transfer and acceptance certificate of the sold apartment.

After signing the agreement by both parties, you need to contact the registration authority at the location of the apartment and go through the mandatory registration procedure.

Step 5. Transfer of the apartment and receipt of money

The final stage of selling an apartment is its transfer to the new owner. Such a transfer must be accompanied by the signing of an apartment acceptance certificate, since from the moment of its signing all responsibility for the housing passes to the buyer. The act must be drawn up in at least 2 copies, if a bank is involved in the transaction (for example, with a mortgage) - in triplicate.

After this, the seller can receive money for the apartment from the safe deposit box.

The sale of the apartment has been completed.

Comments (188)

Olga | 2016/06/01

Good afternoon. The article is very useful. There are questions: 1) We are going to sell our apartment and buy another one, larger in area (without agencies). When should a minor child be discharged from the apartment (he does not have a share)? In your answers you write that the child must be registered in a new apartment within 3 days (without permission from guardianship). But registering transactions and agreements with justice will take longer. What should I do?
2) The spouse’s permission to sell the apartment is valid for how long.

admin | 2016/06/09

Hello Olga! First of all, you need to obtain permission from the guardianship authorities to sell the apartment and remove the minor from registration. After receiving permission, you will be able to discharge the child from the apartment at any convenient time, and after completing the purchase and sale transaction, register the child at the new place of residence.

Maria | 2016/06/09

Hello! If you have a technical passport, you still need to issue a cadastral passport for the apartment. And did I understand correctly that the deed of transfer, like the purchase and sale agreement, is not registered or certified anywhere, but is drawn up in simple written form? Thank you in advance!

admin | 2016/06/20

Hello Maria! You will also need a cadastral passport. It can be obtained from the cadastral office at your place of residence or from the MFC (multifunctional center). The purchase and sale agreement is drawn up in simple written form. You can pre-register the purchase and sale agreement with the Rosreestr authorities. Notarization is not required.

Galina | 2016/07/21

Good afternoon, we are selling an apartment, we have buyers with a military mortgage, what documents are needed from us to the bank, and how to take the collateral correctly (so that it doesn’t happen either we change our minds or they)

admin | 2016/07/29

Hello Galina! When purchasing an apartment with a mortgage, the bank itself usually offers a standard form of purchase and sale agreement with the condition of receiving an advance payment. In addition, a preliminary purchase and sale agreement is concluded, which will ensure the safety of the advance payment you received from the buyer. To sell an apartment, you will only need a certificate of ownership, a passport, and technical documentation for the apartment.

Anna | 2016/07/31

Hello! Thank you very much for the article! Let me ask a question: after concluding the purchase and sale agreement, you need to handle it and other documents to register the buyer's ownership. Tell me, is the presence of the seller required? If so, can he represent his interests under a notarized power of attorney? If so, can this power of attorney be issued to the buyer? Thank you!

admin | 2016/08/10

Hello Anna! Yes, the owner of an apartment in a purchase and sale transaction can be represented by a person on the basis of a notarized power of attorney containing such powers. It will not be possible to issue such a power of attorney in the name of the buyer, since in accordance with clause 3 of Art. 182 of the Civil Code of the Russian Federation, a representative cannot make transactions in relation to another person, whose representative he is also at the same time, with the exception of cases of commercial representation. Thus, in order to represent his interests, the seller must issue a power of attorney to another person.

Olga | 2016/08/09

Hello! I inherited 1/4 of the apartment’s share in March 2014, and I bought the remaining 3/4 of the share in October 2015. The question is: from what date should 3 years of use be counted, so that when selling an apartment I do not have to pay tax on the sale -13% . Thank you.

admin | 2016/08/15

Hello Olga! The period of 3 years will be counted from the moment of registration of ownership. That is, if you want to sell the entire apartment, the period of 3 years is calculated from the moment you received a certificate of state registration of ownership of the remaining shares - that is, from 2015.

Irina | 2017/05/15

Hello! From other articles, I learned that from January 1, 2016, the period of use of an apartment increased to 5 years in order to avoid paying the 13% tax. I inherited my father's apartment. He died in 2016, but I was registered there and lived with my father. The same article stated that the beginning of the 5-year period is considered to be the date of death of the testator, and not the receipt of a certificate of state registration of property rights, although this has now also been canceled, replaced by an extract from the register. Is it true? Thank you.

admin | 2017/05/20

Hello Irina! From January 1, 2016, personal income tax is not paid if the property was owned for at least 5 years before the sale. To be exempt from personal income tax, the minimum period of ownership of real estate may be not five years, but three years (Article 217.1 of the Tax Code of the Russian Federation). This is legal, for example, when selling an apartment that was received as a gift from a family member, by inheritance or through privatization. The period of ownership of an apartment begins immediately from the moment of registration of the transfer of ownership, since in accordance with the Civil Code of the Russian Federation, the right to real estate arises immediately from the moment of state registration of the corresponding right. Since July 15, 2016, indeed, instead of a certificate of state registration of rights, a similar extract has been issued.

Alexey | 2017/06/02

Hello! Please tell me, I am renting an apartment with a military mortgage, can I use the maternity capital in full? Thank you!

admin | 2017/06/14

Hello Alexey! At the moment, there are no restrictions in the law on the use of maternity capital to pay off a military mortgage. This way, you will be able to use your maternity capital funds.

Valentina | 2017/07/16

Hello. We are selling an apartment. There were 2 apartments, then we merged and got one. Documents from 2012, me and my two daughters share. In 2015, my daughter gave me her share. Tell me, will I pay tax on the sale of the apartment?

admin | 2017/07/28

Hello Valentina! If less than 3 years have passed since you registered ownership, then when selling the apartment you will have to pay tax. However, if the value of the property does not exceed 1 million rubles, there will be no need to pay tax.

Svetlana | 2017/08/04

Good day! I didn’t want to repeat myself... but still... Tell me, is it necessary to submit a cadastral passport for the apartment to the rights registration authority (Rosreestr), since all the data for the apartment is already contained in the real estate cadastre... Thank you in advance for your answer.

admin | 2017/08/15

Hello Svetlana! Yes, you will still need to provide this document when registering the transaction. You can find out a more accurate list of documents by contacting Rosreestr or MFC (multifunctional center).

Tatiana | 2017/11/21

Hello! I have 2 questions: is it necessary to conclude a preliminary agreement and does it need to be certified by a notary? And the second question - I bought an apartment in 1998 and the BTI gave me an Extract from the technical passport for the apartment, now I am selling this apartment - do I need to draw up such an Extract again or not? Thanks in advance for your answers!

admin | 2017/11/30

Hello Tatiana! No, the conclusion of a preliminary purchase and sale agreement is not mandatory and occurs solely at the request of the parties (seller and buyer). It is also not necessary to have the concluded agreement certified by a notary. If, since receiving the extract from the technical passport, the characteristics of the residential premises have not been changed (for example, due to redevelopment), then there is no need to obtain a new technical passport.

Maryana | 2017/11/25

Clear and useful article, thank you! I was worried before selling the apartment, there are so many nuances, I need to remember everything... In addition, I have a new building and the area is also in the process of construction... As a result, I sold it without any problems on the home fund even faster than I expected! I wish everyone good luck with the sale 😉

Valentina | 2017/12/07

The daughter entered into inheritance rights for half of the apartment for her deceased father, the other half was privatized to me. We want to sell the apartment. What is the best thing to do - sell in shares or give the share to my daughter to me, and then sell

admin | 2017/12/18

Hello Valentina! When selling an apartment, this is not a fundamental point. To save time and money for registering the transfer of ownership by way of gift, you can simply enter into an agreement with the buyer of the apartment on behalf of you and your daughter. That is, you and your daughter will simultaneously act as sellers of your shares in the apartment.

lyudmila | 2018/02/01

Good evening! I am selling an apartment in which my adult daughter is registered, please tell me whether her consent is required, certified by a notary, and what is the expiration date of this document. Thank you

admin | 2018/02/13

Hello Lyudmila! To sell an apartment in which a minor has a share in the ownership, you need to contact the guardianship authorities to obtain permission, since these permits are not issued by notaries, but exclusively by the guardianship and trusteeship authorities.

Olga | 2018/02/13

Good afternoon
documents are needed to sell an apartment if there is only one owner
1 Certificate of registration of title to the apartment being sold
2 passport
3 Cadastral passport from BTI
4 extract from the house register
I understand correctly that nothing else is needed + purchase and sale agreement

admin | 2018/02/19

Hello Olga! Also, to sell an apartment, you will need a technical plan of the apartment from the BTI, a purchase and sale agreement and identification documents of the buyer.

Alina | 2018/05/05

Good afternoon. When selling an apartment of which I am the sole owner, and my daughter and two minor children are registered in it, will there be any difficulties with registering my grandchildren?

admin | 2018/05/16

Hello Alina! Your daughter can independently deregister herself and her minor children. Thus, if there is mutual agreement, there will be no problems for you. In addition, the new owner of the apartment can always remove the previous residents from the registration register in court. Also, the condition for deregistration is also contained in the apartment purchase and sale agreements.

Gulnara | 2018/05/23

Hello! Please answer the question. We are selling a room, the owners are me, my husband and two minor children. Can I apply for guardianship without my spouse being present?

admin | 2018/05/31

Hello Gulnara! Yes, you can apply to the guardianship for permission to sell the shares of minor children in the apartment without the presence of your spouse, if he will also participate in the transaction for the purchase of a new home as a party to the preliminary purchase and sale agreement. In any case, you have the right to submit an application alone. In practice, permission to sell shares of minors can be issued by guardianship authorities without the presence of the second parent.

Marina | 2018/06/14

Hello! The apartment was purchased with a mortgage in a building under construction. Agreement dated June 2014. Acceptance and transfer certificate of the apartment December 2015. The documents were registered in Rosreestr in June 2016. We plan to close the mortgage and sell the apartment. From what time should the period of ownership of housing be calculated? In what case will you have to pay tax?

admin | 2018/06/29

Hello Marina! The right of ownership arises from the moment of state registration of the right; the presence of an encumbrance in your situation does not in any way affect the obligation to pay tax. Thus, in order not to pay tax on the sale of an apartment, you will need to sell it no earlier than June 2019.

Tamara | 2018/06/14

Hello. I am selling a room that is registered in my name only. Purchase
but during marriage. Do you need the spouse’s consent certified by a notary or can he be present at the transaction?

admin | 2018/06/29

Hello Tamara! Yes, when selling property purchased during marriage (regardless of who it is registered in the name of), a notarized consent of the spouse for the sale is required.

Marina | 2018/07/18

Hello! Please tell me, my aunt is selling the house to her niece, her grandmother is registered in it, and she will continue to live there. The niece (buyer) is not against the grandmother living in it and remaining registered there; is it possible to sell the house without the grandmother registering?

admin | 2018/08/01

Hello Marina! Yes, selling this way is possible. The purchase and sale agreement must indicate the presence of an encumbrance in the form of registered persons. However, in accordance with the law, the new owner, in any case, has the right to file a lawsuit to evict the previous tenants.

Pavel | 2018/07/22

Hello. We are selling a house. It includes a sister, a niece and two minor children of the niece. They have no rights to the house. They don't live in the house. They don’t want to deregister themselves. What to do in such a situation?

admin | 2018/08/01

Hello Pavel! In accordance with the law, both you and the new owner of the house can write them out. By virtue of the provisions of Part 2 of Art. 292 of the Civil Code of the Russian Federation, the transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law. Thus, in order to remove these persons from the registration register, you or the new buyer of the house will need to apply to the court with a statement of claim.

Yana | 2018/07/30

Good afternoon! Please tell me, is it necessary to pay tax on the sale of an apartment that was privatized less than 3 years ago if an apartment of the same or greater value is purchased during the same reporting period?

admin | 2018/08/03

Hello Yana! As a general rule, tax on the sale of an apartment that has been owned for more than 3 years and whose value exceeds 1 million rubles will need to be paid. If you purchase another apartment during the same reporting period, the tax rate may be reduced or exempted from paying tax in full. For a more detailed answer to your question, you need to contact the tax office at your place of residence, providing information about the cost of the apartment being sold and purchased.

Vadim | 2018/08/20

I bought a house together with my wife in 2008, during a divorce in 2016 they made an agreement on the division of property, I got an apartment, it was transferred to me, do I have the right not to pay the 13% tax when selling it now? I have owned it for two years, Besides, I’m buying a house for almost the same price! Thank you!

admin | 2018/08/30

Hello Vadim! In accordance with the provisions of the Tax Code of the Russian Federation, an individual has the right to reduce the tax base by the amount of money that he spent on the purchase of residential premises and its renovation. That is, if you purchase another residential property in one reporting period, and there is no actual income, the tax payment will be reduced or you will not have to pay tax at all. You will need to complete a tax return and provide supporting documents of purchase and sale

Victoria | 2018/08/26

Hello! I had the following question... By a court decision in 2015, I received ownership of the apartment from my father. In 2018, my house was subject to demolition with the mark “ON WITHDRAWAL FOR STATE NEEDS” for the construction of a new metro station. The department provided me with an apartment in the same area on the next street. When selling an apartment, will I be protected by the court decision from 2015, or will I receive a new report from 2018? Thank you

admin | 2018/09/12

Hello Victoria! Unfortunately, when the land plot on which the house is located is withdrawn for state and municipal needs with the subsequent provision of new housing, the period of 3 years for the subsequent sale of real estate without paying tax begins to be calculated from the moment of state registration of ownership of the new apartment.

Margarita | 2018/09/15

Good afternoon When selling an apartment, does the notary himself draw up an agreement on the deposit and a purchase and sale agreement? If the sale is a share of 3/4 for me and 1/4 for my wife, then the transaction is through a notary? Buyers purchase through a bank with a mortgage, what is the procedure in this case? After the notary we then go to Rosreestr for registration? Will we take the money when the documents are submitted or after receiving an certifying extract about the new owners?

admin | 2018/10/01

Hello Margarita! Due to recent changes in legislation, transactions on shared ownership are subject to mandatory notarization. Since your purchase and sale will take place with the participation of the bank, as a rule, a form of mortgage agreement and purchase and sale agreement developed by the bank is used. The conditions for the procedure for paying for the apartment and transferring funds are also expressly provided for in the concluded sales contract. First of all, you need to contact the legal department of the bank where your buyers will apply for a mortgage, and familiarize yourself with the draft purchase and sale agreement for your apartment.

Andrey | 2018/10/14

Hello!
1).In the correspondence on your website it is unclear which apartment is subject to tax when it is sold. Our apartment has been our property since 1997. Do I have to pay tax when selling it?
2).After purchasing this apartment, next to it in the common corridor there was a small space that the wife’s mother bought from the developer and attached to the apartment. But legally this premises was not included in the housing plan. How to arrange this now?

admin | 2018/10/30

Hello Andrei! 1) In accordance with the provisions of Article 217.1 of the Tax Code of the Russian Federation, individuals who own an apartment for the minimum maximum period of ownership of real estate or more (for privatized apartments - 3 years) are exempt from paying tax on the sale of real estate.
2) To include the premises in the housing plan, you must first contact the BTI (technical inventory bureau) to take measurements and make changes to the technical documentation.

Irina) | 2018/10/29

Hello, thanks for the article!) Tell me, please. We are selling an apartment. It was purchased with a certificate given under the “assistance to young families” program. We have three owners (husband, me and son), and we also have a daughter. We have owned the apartment for more than 3 years. For the last 2 years we have been living in another city, in our parents’ house, who died; it is not registered in our name. Children go to kindergarten and school at their place of residence. I also have a small house registered in my name and we are building a new one on the same plot. Here))) if I register myself, my husband and children in advance in this small house, do we need to take permission from the guardianship organization? What problems may arise, what we need to be prepared for. And, does redevelopment, which is not documented, affect the sale? Thank you in advance!!!

admin | 2018/11/07

Hello Irina! If, when receiving a housing certificate, you did not give a notarized obligation to allocate shares in the ownership of the residential premises to minor children or children do not have shares in the ownership, then, accordingly, you will not need to obtain permission from the guardianship and trusteeship authorities to sell the residential premises, and you can sell your home by registering your children at a different address in advance. As for redevelopment, you can sell an apartment using old documents without reflecting the existing redevelopment in them, however, the buyer of such an apartment may subsequently have difficulties with legalizing the existing redevelopment.

Venus | 2018/11/12

Good afternoon Please explain:
1. at the end of 2011 an apartment was purchased (Do I need to pay tax on it when selling it?)
2. owner – me. It also contains three daughters (of age) and a granddaughter (minor, born in 2015). But at the moment, only the middle daughter and granddaughter live in it. 2 other daughters and I (we study and work in other cities). How do we all get discharged? We cannot be at the same time, we can provide copies of passports instead of originals (of course, certified by a notary)
3. And won’t this affect your studies, work (lack of registration) until you buy a new apartment? Or is it possible (needed) to apply for temporary registration (with relatives, for example)? Thank you.

admin | 2018/12/01

Hello Venus! When selling an apartment, you do not need to pay tax, since you have owned this apartment for more than 5 years. As for deregistration, you can issue a power of attorney from a notary to someone at the location of your apartment with the appropriate authority to deregister. Thus, if you have a notarized power of attorney and a trusted person, you will be able to check out of the apartment remotely. It is worth keeping in mind that the lack of permanent registration cannot serve as a basis for expulsion from educational institutions if you were already enrolled in them, however, you can live without registration for no more than 90 days. In any case, during the period of the purchase and sale transaction, you can obtain temporary registration at your place of residence.

Valeria | 2018/12/09

Hello. There are 2 owners in the apartment: 1/2 of the apartment was privatized by me, 1/2 was taken over by my mother. We want to sell the apartment, but it is in another city. I just gave birth to a child, I won’t be able to go out for a deal. Can one owner sell an apartment? If so, what kind of power of attorney is needed and what documents from the second owner are needed? Thank you

admin | 2018/12/20

Hello Valeria! To sell the entire apartment by one owner, the second owner is required to register with a notary in the region of his residence in accordance with Art. 185.1 of the Civil Code of the Russian Federation, a notarized power of attorney, specifying in it all the relevant powers for the sale of a specific apartment and registration of the transaction. The second owner will be required to provide his title documents for his share in the apartment and a notarized copy of his passport (if the original is not available).

Rustem | 2019/01/10

Hello! I have such questions! And if I am on probation, could I sell the apartment, and my young son is registered there! But the guardian is the mother-in-law! And there is a debt for rent! How can I do all this, and what documents do I need? Thank you in advance!

admin | 2019/01/28

Hello Rustem! If you are the sole owner of an apartment, your criminal record does not affect your right to sell this apartment in the absence of existing prohibitions on the alienation of property, however, if you live in this apartment, and by a court verdict you were prohibited from changing your place of residence without the consent of the criminal - executive inspection, first of all, you need to contact the criminal executive inspection on this issue.

Svetlana | 2019/02/02

Good afternoon
When selling an apartment in a private house, do I have to pay a sales tax of 13%? Owned since 2015 under a gift agreement. And what is this procedure like?

admin | 2019/02/16

Hello Svetlana! In accordance with the provisions of Article 217.1 of the Tax Code of the Russian Federation, the owner is exempt from tax when selling real estate when calculating the minimum maximum period of ownership of residential premises or shares (shares) in it. In your case, such a minimum period will be 3 years from the date of state registration of property rights.

OlgaK | 2019/03/31

Hello! We want to sell an apartment owned by my husband and his stepfather. My husband's mother died in 2016, ownership of her share was registered in June 2017. Do I understand correctly that at the moment, sale without payment of 13% is impossible? (The apartment was privatized in 2005 in equal shares)

admin | 2019/04/10

Hello OlgaK! Yes, since the current period of your ownership of the property is less than 3 years, when selling an apartment you will need to pay a tax of 13% if the value of your share in the ownership exceeds 1 million rubles.

Igor | 2019/04/04

Hello! I have owned an apartment since 1995. It was acquired through the exchange of an apartment given to me by my father. I had an exchange agreement in hand, but only last year I learned that I needed to issue a certificate of registration of the right, which I did through the MFC in 2018. A minor granddaughter is registered in the apartment. At the moment I bought a more spacious apartment with a mortgage and am selling the old one. Questions:
1. From what moment is ownership considered? Will I have to pay tax on the sale? 2. How to register my granddaughter correctly and then register her in a new apartment?

admin | 2019/04/21

Hello Igor! In accordance with Part 2 of Art. 223 of the Civil Code of the Russian Federation and the provisions of the Federal Law “On State Registration of Real Estate” dated July 13, 2015 N 218-FZ, the right of ownership of real estate arises exclusively from the moment of state registration of rights to such property. Thus, you are not exempt from paying tax on the sale of the apartment. As for deregistration of a minor child, the child’s legal representative must apply to register the child at a new place of residence, in connection with which the child will be automatically deregistered at the previous address.

Love | 2019/04/16

Hello! At point 3. Cadastral passport from the BTI (or technical passport) for the apartment. If you have a cadastral passport, then a technical passport is not needed?

admin | 2019/04/29

Hello Love! Due to the fact that the information contained in the State Real Estate Cadastre (GKN) is now considered information contained in the Unified State Real Estate Register (USRN), from January 1, 2017, instead of a cadastral passport, an extract from the Unified State Real Estate Register is issued. In accordance with Law No. 334-FZ, since March 2010, a technical passport issued before 2008 is not mandatory for registering rights to real estate.

Guzel | 2019/04/19

The aunt and his husband, during their lifetime, want to re-register the apartment for their nephew. What is the most profitable way to do this? Is it better to buy or sell? And are there any restrictions for pensioners, that is, they seem to be left without housing? In fact, they will continue to live in their apartment.

admin | 2019/04/29

Hello Guzel! If the persons you indicated have owned the apartment for a sufficient amount of time (for example, more than 5 or 3 years), then they can transfer the apartment to their nephew under a purchase and sale agreement for tax exemption purposes, since they are not close relatives to the donee, and under a gift agreement, donations only between close relatives are not taxed. Also, the law does not prohibit the voluntary sale or donation of a single home, however, in accordance with Part 2 of Art. 292 of the Civil Code of the Russian Federation, the transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner. Thus, at the will of the new owner, these persons can be forcibly evicted from the property.

Anastasia | 2019/04/24

Hello! We want to sell an apartment, 2 owners, 1/2 from me and 1/2 from my father, do we need a notarized certificate? And what documents need to be prepared to sell an apartment?

admin | 2019/05/08

Hello Anastasia! The purchase and sale transaction of an apartment does not require mandatory notarization. To sell an apartment, you will need the purchase and sale agreement for the number of persons, a preliminary purchase and sale agreement (concluded at the request of the parties), identification documents, a receipt for payment of the state fee for registering the transfer of ownership to the buyer, title documents for the apartment (certificate of property rights or an extract from the Unified State Register of Real Estate), technical passport of the residential premises.

Olga | 2019/04/28

Hello! Help with advice, please. We want to buy an apartment in a 2-square-meter building, the land plot is not registered. Is it worth buying such an apartment? The owners do not have the opportunity to arrange it. Thank you!

admin | 2019/05/08

Hello Olga! In accordance with Article 39.20 of the Land Code of the Russian Federation, if a building or structure located on a land plot belongs to several persons as private property, these persons have the right to acquire such a plot of land as common shared ownership. If your land plot under the house was not registered with the cadastral register before March 1, 2005, you need to contact the administration at your place of residence with an application for the formation of a land plot, and subsequently register the land plot with the cadastral register, after which you will acquire ownership of the land plot. land. If the land plot was registered in the cadastral register before March 1, 2005, then in accordance with Part 2 of Art. 16 Federal Law “On the entry into force of the Housing Code of the Russian Federation” dated December 29, 2004 No. 189-FZ, the land plot on which the apartment building and other real estate objects included in such a building are located passes free of charge into the common shared ownership of the owners of the premises in the apartment building .

Ivan | 2019/04/28

Greetings! I want to sell my problematic, non-privatized apartment that I inherited from my mother. It lists me, my brother and grandfather, who died a long time ago in Ukraine and is listed in it. What is the best way for us to sell it to my brother?

admin | 2019/05/08

Hello Ivan! The current legislation of the Russian Federation allows the disposal of property only to persons who own such property. Since your apartment is not currently privatized, you are not its owner and, therefore, cannot dispose of it. Unfortunately, your question does not clearly indicate whether you have registered ownership of the apartment in accordance with the legislation of the Russian Federation. If your ownership has not been registered, you need to contact the administration at your place of residence with an application for privatization of this apartment.

admin | 2019/06/01

Hello Marina! There are quite a few places on the Internet for posting advertisements for sale, both regional and federal, the same Avito for example.

Kuznetsova Anna | 2019/06/26

Hello, I want to sell an apartment, I have owned it for a year, so as not to pay tax, I thought that I could sell it cheaper. Tell me is this so?

admin | 2019/07/08

Hello Anna! Unfortunately, in your case, tax exemption due to reaching the minimum period of property ownership does not apply, since you have owned the apartment for only a year, however, in accordance with the provisions of the Tax Code of the Russian Federation, only income of individuals or legal entities is subject to taxes. Thus, if you sell the apartment for the same price under the contract for which you purchased it (that is, you did not actually receive income, therefore, the obligation to pay taxes will not arise). The method of selling an apartment for a lower price under a contract will work similarly.

Elena | 2019/07/04

Hello. Please tell me, the apartment is owned by four people, what is the easiest and cheapest way to sell it, to issue a deed of gift for one person or without re-registration?

admin | 2019/07/16

Hello, Elena! The number of participants in shared ownership does not entail an increase in the cost of the procedure for buying and selling an apartment, so there is no need to re-register apartments in favor of one person. When drawing up a purchase and sale agreement, you will simply need to indicate each of the participants in shared ownership as the seller under the agreement.

Yulduz | 2019/07/12

Hello! We want to sell an apartment (owned for more than 5 years), it was purchased for cash + financial capital. Owners 5/6th, 1/6th male. The children were not allocated a share after the automatic removal of the encumbrance. This happened due to ignorance of all laws.
Is it now possible to sell an apartment and at the same time buy a house with a plot (children should be included in the share there at once)? Or will they have to first allocate a share in this apartment and then sell it? We sell and buy without the help of a realtor or lawyer, but we are very afraid that the deal will fall through or something else. A realtor works for the property being purchased and offers to conclude an agreement and make a deposit. What if we can’t sell our home, then???

admin | 2019/07/27

Hello Yulduz! The current legislation of the Russian Federation does not directly provide for any responsibility of parents for unallocated shares to children in the ownership of residential premises. Also, this circumstance is not a basis for refusing to register a purchase and sale transaction. However, in the new residential premises you will still need to allocate shares to minor children, since the law allows for the recovery of an equivalent cost from parents in favor of the children in court at the request of the prosecutor in the interests of minor children.

Oleg | 2019/08/04

Hello. The ownership of the apartment purchased during marriage is registered only in my name. I'm leaving for another city for another job; I don't have time to sell the apartment. I want my wife to start selling our apartment. Can she complete this transaction without my written consent? If not, what needs to be done on my part? Thank you.

admin | 2019/08/22

Hello Oleg! Due to the absence of your spouse, you can sell the apartment on the basis of a properly executed notarized power of attorney on behalf of your spouse. In addition, since you bought the apartment during marriage, you need to obtain, on your own behalf, from a notary a notarized consent of your spouse to sell the apartment. If you have these documents, there will be no difficulties in selling the apartment without the participation of the owner (your spouse).

Oksana | 2019/08/05

Good afternoon I want to sell a room in a dorm (now given the status of a communal apartment), the owner is my father. Owned for over 5 years! My two children and I are registered (we’ll be discharged without any problems). Father is in favor of selling this room. My friend wants to buy a room with the help of her mat.cap. and taking out a loan for a deposit! Will there be problems with withdrawing money from her matcap? We want to immediately invest this money in a mortgage! And what additional documents will we need for the sale (besides those listed above)?

admin | 2019/08/22

Hello Oksana! The nuances and timing of the transfer of funds for the purchased residential premises (including with the use of borrowed funds) are determined by the concluded purchase and sale agreement. Thus, you can specify in the contract the desired time frame for receiving funds. The transfer of maternity capital funds to the seller to a personal account is carried out at the request of the buyer by the Office of the Pension Fund of the Russian Federation upon provision of documents confirming the transaction. As a rule, there are no difficulties with this procedure. To register the transfer of ownership of a residential premises, the following documents are required: a purchase and sale agreement for the number of persons, identification documents, documents on the ownership of the apartment from the seller, technical documentation for the apartment, a receipt for payment of the state duty for registration actions.

Dmitry | 2019/08/12

Hello! The buyer offers an advance of 50% of the cost of the apartment, the rest on a mortgage through the bank. Should I agree or limit myself to a small deposit and make the final payment after a bank transfer?

admin | 2019/09/07

Hello Dmitry! Civil legislation governing purchase and sale transactions allows participants in transactions to independently determine the conditions for both the sale and purchase of property, which also includes conditions on the timing and procedure for the transfer of funds. Thus, the buyer’s offer to make an advance payment of 50% of the cost of the apartment does not in any way violate your rights and legitimate interests, and also does not contradict the law.

Maria | 2019/09/10

Good afternoon Thanks for the useful information. But questions remain.
My husband's grandfather issued a power of attorney for me to sell the apartment, and wants to sell it.
1. An apartment with small debts, no more than 50 thousand rubles, is it possible to sell it with debts and payment by receiving an advance?
2. Instead of a certificate of state registration of rights, they gave me an extract from the Unified State Register of Real Estate rights and transactions with it. It's enough? Or do you need a separate cadastral passport and a separate certificate of state registration of rights?
3. Why do you need a technical plan and how to get it?
Thanks in advance for your answer.

admin | 2019/09/30

Hello Maria! The presence of arrears in payment of utility bills is not an obstacle to the sale of real estate; the legislation does not contain any prohibiting norms in this regard. The issuance of certificates of state registration of rights has been discontinued since July 15, 2016; from that moment, instead of a certificate, copyright holders are issued an extract from the Unified State Register. In this case, only a record of state registration of a right in the Unified State Register is the only evidence of the existence of a registered right. On the issue of the technical plan: the technical plan reflects all the essential characteristics of the residential premises and information about the redevelopment (if any). You can obtain a technical plan for a residential premises by contacting the BTI (technical inventory bureau) at your place of residence.

The issue of buying and selling real estate is always relevant, since families move in and out, citizens change their place of residence, or even simply invest in houses, apartments, and country villas. When selling and buying property, you need to be aware of the seriousness of the process, understand where to start and how to resolve legal issues, and master at least the basic aspects of such a procedure as registering a real estate purchase and sale transaction.

Basic rules for the sale and purchase of real estate

For a real estate transaction to be valid, it must meet a number of conditions:

1. Conducted in accordance with the legislative framework. For example, it is prohibited to draw up an agreement focused on the alienation of objects that belong to common areas in a multi-story building.
2. The parties to the transaction must be legally competent and capable.
3. The seller of real estate must have ownership rights to the alienated object.
4. Each of the parties involved in the transaction must enter into it voluntarily.
5. The consent of the parties to purchase and sell is confirmed by notarization of the real estate purchase and sale agreement.
6. Registration of the purchase and sale of real estate with government authorities after the transaction is a mandatory requirement.

Failure to comply with one of the above points may become the basis for the severance of relations between the seller and the buyer, as well as the recognition of the purchase and sale transaction as invalid.

Naturally, every buyer is concerned about the issue of security at the time of purchasing real estate, because real estate scammers have not yet disappeared.

But, more often than not, problems arise not through the fault of scammers, but in the absence of awareness of the laws of the Russian Federation relating to purchase and sale.

Let's consider several rules that are mandatory for use in real estate transactions:

When purchasing a property, you first need to check all title documents , confirming ownership of it.

It can be:

1. Certificate of ownership of the apartment (privatization).
2. Contract of sale.
3. Entry into inheritance by law or will.
4. Donation agreement.

All documents must be provided in originals , with the seal and registration of the BTI or another body replacing the bureau. Copies and xeroxes are not suitable in this case.

A certificate from the housing office is required indicating the number of people registered in the living space being sold. You can independently clarify this data at the Housing Office, since it is desirable to exclude the presence of persons who have temporarily left, but retain their rights to the apartment.

The passport of the selling party also deserves attention , namely, pages with notes on marriage registration and place of residence. It is important to remember that property acquired during marriage belongs to both spouses and both spouses also have rights to it (except for gifted and inherited property).

If children under the age of majority are registered in the living space , then on the eve of the transaction you need to demand their deregistration and it is advisable to check this fact.

Experienced realtors have a rule - to be wary of properties that are too cheap and this has been repeatedly tested in practice. A person who knows about the illegality of his actions seeks to sell the object faster and cheaper.

There are cases when real estate is sold by proxy. The buyer is simply obliged to show special care, otherwise negative consequences cannot be avoided. The validity period of the power of attorney is very important. If the principal is an elderly person, then it may happen that he has already died, therefore the power of attorney loses its force. Powers of attorney with a recent issue date should also be wary, since they are often used by scammers.

There are other unpleasant moments when transactions under a power of attorney are invalidated. Therefore, at a minimum, you need to make sure that the principal is alive and the document was drawn up by him voluntarily. The ideal option is the presence of the principal during the transaction.

It is desirable for the buyer of the property to be present at the time the seller transfers the documents necessary for the sale. Separate requirements for a notary: availability of an office and long term of work.

Regarding schemes for receiving and transferring money. Several may be offered. This is both cash and non-cash payment, carried out before or during the transaction, with or without an advance payment. All nuances are resolved in advance, by mutual agreement of the parties.

Preparation of necessary documents

Documents for drawing up a real estate purchase and sale agreement can be divided into two categories: into two categories:

These include:

1. Title documents for the property (if sold by power of attorney, it is attached).
2. Certificate of characteristics about the estimated value of the object.
3. Technical certificate.
4. Certificate from the Housing Office (Form No. 3), which indicates the number of registered people in the alienated property.
5. Identification documents of the Seller and the Buyer, their identification codes.
6. Certificate of marriage or divorce (in the first case, the consent of the spouse will be required for the transaction).
7. Permission from the Board of Trustees to conduct a transaction in the presence of minor children.

Second category - these are certificates of payment for utilities for the alienated object, as well as other information without which a notary can conduct a transaction. Rather, the Buyer needs them to avoid problems with housing and communal services.

How does a real estate purchase and sale transaction work?

Those who are encountering the process of purchasing or selling an apartment for the first time most likely have a superficial knowledge of how real estate transactions work. There is nothing impossible about them, and the procedure itself consists of several stages.

Let's consider the procedure for buying and selling real estate:

- The first stage is searching for an object

It consists of searching for housing, viewing various apartment options. After the Buyer settles on any option, he makes a deposit for it.

The seller writes a receipt confirming receipt of part of the money to pay for the apartment, or the parties draw up a preliminary agreement on the deposit. At this stage

The buyer conducts a legal check of the property (purity of title documents, identity of the seller, etc.).

- Second stage – preparation of the purchase and sale agreement

After preparing all the necessary documents, the parties enter into a written contract for the purchase and sale of real estate, which can be certified by a notary.

It should reflect the following points: details of the Seller and the Buyer, the address of the alienated property and its value, the method of transferring funds and the period during which they must transfer to the Seller, the distribution of costs for completing the transaction, the eviction period (transfer of keys).

- Third stage – transfer of money

The safest and most convenient option for mutual settlements between parties to a transaction is to transfer money through a safe deposit box. The agreement for its use should be concluded in such a way that the Seller can receive the amount due to him within the agreed period by presenting to the bank employees a Certificate of Ownership issued in the name of the new owner.

Upon expiration of the period and the Seller’s inability to present the required document (for example, a refusal to register the Certificate was received), the Buyer returns his funds, gaining access to the box.

- The fourth stage – registration of the property

After the money has been placed in the safe deposit box, the transaction enters the final phase, i.e. The purchase and sale agreement and all necessary documents are submitted for registration to the Federal State Registration Service.

As a rule, after two weeks, the parties to the transaction are issued a registered document. At this stage, the Seller receives the keys to the locker.

- Fifth stage - vacating the apartment

Step-by-step instructions for selling an apartment - a list of actions that must be carried out to complete the transaction. Depending on the mass of nuances, it may be supplemented with new items.

Methods

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Selling an apartment can be carried out in several ways, each of which has its own advantages and disadvantages:

1. Independent execution of the transaction is carried out directly by the seller or members of his family.
2. Seeking professional help - from realtors, relevant agencies, etc.

Self-registration

Independent execution of a transaction by the seller in 2018 is a procedure that not all citizens are able to cope with.

However, the advantages of this approach are obvious:

• significant savings in money – the services of professionals are rated quite highly;
• the ability to control every stage of the transaction - the seller will independently deal with all stages of the procedure;
• preventing fraud by real estate agencies.

Contacting an agency

When turning to an agency for help, the main thing is to choose it correctly. When choosing, it is recommended to focus on reviews and recommendations from friends, relatives, colleagues, the company’s experience and length of service.

Advantages of seeking help from specialists:

• professional approach - each action is carried out taking into account the current legislation, norms and requirements established by government bodies;
• saving the seller’s personal time and effort - not all citizens can afford to carry out a transaction due to work or other employment;
• reduction of transaction time – experienced specialists know how to reduce the time of the procedure.

Step-by-step instructions for selling an apartment

Step-by-step instructions for buying and selling an apartment contain the following:

1. Determining the main parameters for selling an apartment (price, conditions, etc.), placing advertisements in newspapers, magazines, posting information on websites.
2. Showing an apartment to potential buyers - it is important to point out the advantages of purchasing your living space.
3. A conversation with buyers, during which the main issues and details of the transaction are discussed.
4. Collection of documents.
5. Drawing up a preliminary agreement (if necessary).
6. Drawing up the main contract, discussing its clauses.
7. Signing an agreement, registering property rights.
8. Transfer of money and keys to real estate is a mutual settlement.

Collection of documents

Each transaction begins with a collection, and the main burden of resolving this issue falls on the seller.

To conduct a transaction, you need to prepare the following documents:

• documents confirming the identity of both parties - passports;
• title papers (for example, a privatization agreement, an exchange agreement or a deed of gift);
• cadastral and technical documentation;
• certificate of ownership of the apartment - only its owner has the right to alienate real estate;
• permission from the guardianship authorities to complete the transaction if one of the owners is a minor citizen;
• consent from the spouse to the alienation of property, certified by a notary, if the apartment is joint property;
• preliminary agreement upon making an advance payment (if concluded);
• documents confirming the legal “purity” of the apartment, these include a certificate from the house register - indicates the number of registered citizens, a certificate from Rosreestr - indicates the number of owners, a certificate confirming the absence of debts in payment of utility bills.

Conclusion of an agreement

It does not provide for what is established, but the information that must be contained in it at the time of conclusion is established:

• Full name of the seller and buyer, passport information;
• information about the subject of the agreement - description of the apartment (exact address, floor, area, number of rooms);
• the rights and obligations of each participant in legal relations, for the seller - transfer of the apartment, for the buyer - payment for living space within the specified period and in the prescribed amount;
• consequences of failure to comply with the terms of the contract;
• signatures of the participants in legal relations, date of drawing up the document.

Receiving a deposit

Statistics show that when concluding contracts for the sale of an apartment, in 90% of cases an additional transfer agreement is signed.

The document ensures that the parties fulfill their obligations, since it provides for the consequences of refusing the transaction:

• if the seller refuses to sell the apartment, he must return the deposit in double amount;
• if the buyer decides to refuse the purchase, then the amount remains entirely with the seller.

Registration

Currently, it is not the registration of a real estate purchase agreement that is being carried out, but the registration of ownership rights to an apartment.

After completing this procedure, a Certificate of Ownership is issued, according to which the seller’s rights to the apartment are confirmed.

Transfer of real estate

Occurs with the preparation of a transfer and acceptance certificate.

It contains the following information:

• Title of the document;
• Full name of both parties to the legal relationship - buyer and seller;
• the full cost of the object (the same as in the main contract);
• mention of acceptance of the apartment in the form in which it is currently located;
• signatures of the parties, date of drawing up the document.

If the buyer signs the deed, the seller’s obligations are considered fulfilled.

The document may not be signed if:

• some terms of the contract were not met;
• the seller has discovered defects, which must be reflected in writing.

In this case, the seller is given a certain time to correct them and prepare a new act.

Mutual settlements

for real estate can be carried out in two ways:

1. Cash payment (in a safe place, the presence of witnesses is recommended, drawing up a receipt).
2. Cashless payment (via a safe deposit box or transfer to a bank account).

After receipt of funds, the seller hands over the keys to the apartment to the buyer. These actions of the parties are called mutual settlement.

Through a mortgage

A mortgage can be used to purchase an apartment. In this case, a loan agreement is attached to the package of documents, which specifies all the conditions for providing the property with a mortgage.

If a home loan is issued to a seller who has not paid it off completely, but has decided to sell the property, then it is necessary to obtain the appropriate permission from the bank.

Without it, the transaction may be declared invalid.

State duty

A mandatory document when carrying out a transaction is a payment receipt. Without it, the purchase and sale will not be registered.

The fee is 2,200 for individuals. The amount is divided equally between the parties.

Existing risks

The transaction of selling an apartment involves many risks.