Judicial practice under Art. 558 of the Civil Code

Currently, the most common deal with residential premises is their sale. The owner and purchaser of the property conclude a contract. When making a transaction, the parties are guided by Art. 549, 558 of the Civil Code of the Russian Federation, as well as other Code provisions governing the sale of real estate. In accordance with the contract, the owner agrees to transfer the premises, and the buyer - to accept it, having paid the amount agreed by the parties. Some features of the contract are regulated by Art. 558 of the Civil Code of the Russian Federation . Consider her.

General information

As indicated in Part 1 of Art. 558 of the Civil Code of the Russian Federation , as an essential condition of the contract for the sale of housing (home, apartment or parts thereof), in which the subjects who retain the right to use it after the purchase of the property by the acquirer live, are listed in the document a list of these persons with an indication of their legal capabilities. The agreement is subject to state registration. The relevant rule secures part 2 of article 558 of the Civil Code of the Russian Federation. The contract will be considered concluded from the moment of registration. In the third part of Art. 558 of the Civil Code of the Russian Federation , it is established that the features of the sale of premises that comply with the conditions for classifying them as economy class housing are fixed by law. These requirements are determined by the authorized federal government.

Art. 558 of the Civil Code of the Russian Federation with comments

The considered norm establishes the peculiarities of the sale of premises in which persons with an independent right to use live. For example, a deal is made with the object in which the relatives of the owner live. In such situations, in accordance with Art. 292, 558 of the Civil Code of the Russian Federation, as well as 31 articles of the LC, family members retain their right to use the premises. This situation is also possible with the alienation of an object purchased under a rental agreement, if the seller’s residence on the living space is an essential condition. As part 1 of Art. 558 of the Civil Code of the Russian Federation , a list of entities having the relevant rights should be provided in the contract.

Execution of an agreement

The parties conclude the agreement in writing (simple). The agreement is one document that is signed by the parties. The participants in the transaction are entitled to provide for notarization thereof. The terms of the agreement are established by the parties, except those determined by legislative or other regulatory acts. The contract will be deemed executed if the parties have reached agreement on its main points.

Essential conditions

These include:

1. Subject of the transaction. It acts as a room. The contract should contain information that allows you to definitely identify the object to be transferred to the acquirer. Mandatory information includes, among other things, data on the location of the structure (its part) on the land plot, apartments (its parts) in the house.
2. The cost of the premises. The price may be indicated for the entire object or unit of area. If the transaction is carried out using installment plans, the terms, procedure and amount of payments are indicated.
3. A list of citizens retaining the right to use an object after its sale under the law ( Article 558 of the Civil Code of the Russian Federation ). To them, in particular, include close owners, tenants and their relatives, tenants, people operating the premises in connection with a testament refusal.
4. The deadline for the purchaser to fulfill the obligation to pay the agreed value of the object.
5. Conditions about the quality of the room.

State registration

It is mentioned in part two of art. 558 of the Civil Code of the Russian Federation . An agreement that does not pass state registration will be considered non-concluded. The procedure for this procedure is fixed by the instruction approved by the order of the Ministry of Justice of 2001. Its provisions apply to private houses, apartments and their parts. To carry out state registration, the parties to the transaction provide identification documents, an agreement and a statement. Attached to them:

1. The plan of the plot (if a private house is for sale), certified by the cadastral work body. As a rule, it acts as a committee on land management.
2. The floor plan, certified by the authorities authorized to carry out technical inventory and state registration of real estate. If it does not contain the complete information necessary for entering information into the Unified State Register, an additional document is provided containing the required data.
3. Certificates of citizens entitled to use the premises, certified by the employee responsible for registering persons at their place of residence / residence. Documents are provided in originals and copies.
4. The consent of the trusteeship and guardianship authority to conclude a transaction if the owner of the premises is a minor, partially capable or completely incompetent citizen, as well as if the owner’s relatives who have not reached 18 liters live on the alienated area.

If the subject of the contract is a share in the right, documents must be provided proving that the seller has notified the other participants in the property of his intention, indicating the conditions and price at which he plans to do so.

Nuances

Among the mandatory and necessary documents for state registration of the transaction, the instruction also includes the consent of the spouse to conclude an agreement. It must be in writing and certified by a notary. This rule applies when one of the spouses acts as a buyer, and the premises are acquired in their joint ownership.

Judicial practice under Art. 558 of the Civil Code

The purchase and sale transactions are governed by the provisions governing obligations, including the repayment of obligations and liability for violations. In accordance with the contract, the seller must provide the acquirer with premises not encumbered with the rights of third parties. If this requirement is violated, the court may impose on the seller the obligation to compensate for the losses incurred by the buyer. An exception are situations when the acquirer agrees or must (by law) accept the object encumbered with the rights of third-party citizens. If the seller’s premises were withdrawn to pay off obligations that arose before the conclusion of the transaction, he must also compensate for the loss of the buyer, unless he proves that the latter knew or should have known about the debt.

Liability Specifics

Alienation of an object does not eliminate the obligations of third parties to the buyer, if they are established by law. For example, the developer is responsible for the normal, safe functioning of the structure. Acceptance by the acquirer of premises that do not meet the conditions stipulated by the agreement does not act as a basis for relieving the owner of liability for improper performance of the contract. This rule also applies when the non-compliance is specified in the act on the transfer of the facility.

Property Disadvantages

If the defects of the object were not agreed upon by the parties and were identified later, the acquirer may demand their elimination, compensation for the expenses of the buyer, if he made the correction on his own, or cost reduction. If the discovered defects of the property are significant, the buyer has the right to refuse to fulfill the terms of the transaction. Moreover, he may demand a refund of the amount paid to the seller. The latter, in turn, is exempted from liability if he can prove that defects arose after the object was transferred to the new owner.

Title Documents

Their details are mandatory specified in the contract. In practice, the methods of acquiring property are very diverse. The most common methods are privatization and purchase of real estate due to civil law transactions. The latter includes purchase and sale. During privatization, an agreement is presented to the registration authority, drawn up by the owner and the organization responsible for the operation of the structure. As a rule, it is DEZ, ZhEK, REU. For some civil transactions, notarization is required. This, however, does not apply to sales. But at the request and consent of the parties, notarization can be carried out. In this case, the name of the person who certified the transaction must be present in the contract. In addition, the document indicates the details of the registry entry (date, number).

Conclusion

Currently, most contracts for the sale and purchase of housing are concluded through real estate agencies. Such companies provide a full range of transaction support services. The agency employs competent lawyers who understand the intricacies of legal issues. However, experts recommend a responsible attitude to the choice of intermediary. The agency must have some experience in the market, a good reputation. We should also not forget that intermediaries charge a certain commission for transaction support. As a rule, it is charged to the seller. Making a deal can be done without the participation of an intermediary. In this case, it is necessary to know not only the general provisions of the articles governing the sale and purchase relations, but also some of their subtleties.