Buying and selling real estate in Russia is the most common transaction of all. But not everyone knows how the corresponding operations are carried out. Below we will consider all the existing nuances and rules of buying and selling property in Russia. What does the owner and buyer need to know? How to behave in a particular case? What should be the content of the purchase agreement? The answers to all this and more can be found below. With proper preparation, there will be no problems with operations. Especially if the property has only one owner.
The concept of "real estate"
What does buying and selling real estate mean? This is a real estate transaction that allows you to transfer ownership of objects for a fee.
And what falls under the concept of real estate? It includes:
- plots of land;
- apartments;
- rooms;
- cottages;
- at home;
- construction in progress;
- non-residential premises;
- garages or parking spaces for vehicles.
Shares in the listed objects are also considered real estate. But selling them is more problematic than selling the whole property.
The need for registration
Registration of the sale of real estate by law provides for the mandatory registration of the relevant agreement. Without this, the document will not have legal force.
When buying movable property (for example, a car), there is no need to register an agreement. The sale contract is simply signed by the parties, after which the transfer of money and property to the seller and the buyer, respectively.
Where is the deal
Registration of the sale of real estate, as already mentioned, is an extremely important stage. But where exactly and how exactly is the corresponding contract concluded?
You can cope with the task:
- through a notary public;
- through the MFC.
Without authorized persons, the conclusion of the contract will not take place. Moreover, after registering the agreement, you will additionally have to contact the Rosreestr or the cadastral chamber to renew the rights to the property. If the agreement is not registered, the process will be refused.
Step-by-step instruction
How is the sale of real estate? With proper preparation, the implementation of the task will not cause any trouble.
The step-by-step process of selling real estate is presented as follows:
- Find buyers. At this time, the subject of sale must be prepared for transfer. For example, carry out cosmetic repairs and carry out general cleaning.
- Prepare documents for registering a transaction. Paper packages will be presented below.
- Draw up a contract of sale of real estate. This is the main document that you can create yourself or with the help of lawyers.
- Come with the prepared papers to the IFC or to a notary. Sign the agreement and register it.
- Transfer money to the seller in the prescribed amounts. At the same time, the buyer must be issued a receipt on receipt of funds.
- Draw up an act of acceptance and transfer of real estate.
- Pay registration fee. Better to do it in advance. Otherwise, the agreement will not be registered.
It is done. Now, the new owner of the property can apply to the State Register for renewal of property rights. There is nothing incomprehensible or difficult in this.
The main package of documents
To carry out the sale of real estate, you need to properly form a package of documentation. In the absence of at least one paper, the transaction shall be declared invalid.
Consider the documentation for the sale of an apartment. Let's start with the obligatory package of papers. These include:
- passports of the parties;
- the contract of sale of the property (in our case, apartments);
- title documents for property;
- extracts from the USRN;
- a certificate of the persons registered on the territory (ideally, such should not be at the time of sale);
- an extract from the personal account of the apartment about the absence of debts.
This is usually enough. But in real life you have to significantly expand the package of papers. Especially if the property has several owners or shares of the property owned by the child.
Documents for family citizens
Often the purchase and sale of property is carried out in a marriage. If a jointly acquired property is sold, special care will have to be taken.
The thing is that the seller will be required additionally:
- marriage certificate;
- marriage contract (if any);
- consent of the spouse to conduct a transaction certified by a notary.
Ideally, the spouse is required to be present at the registration of the contract. This technique will help to avoid unnecessary problems.
Disposal of joint property without the consent of the husband / wife should not be. If the spouse is against the sale, even after registering a transaction for the purchase of property, the agreement will be canceled.
Owner Children
Real estate purchase and sale transactions are significantly hindered if minor children are the owners of the share or the entire property. The process involves serious paperwork. And buyers are generally skeptical of transactions involving children.
Under such circumstances, an agreement will require:
- birth certificate;
- child's passport after 14 years;
- consent of the minor owner to the operation (after 14 years);
- permission of the guardianship authorities to conduct the transaction.
The last paper is the hardest to get. Sale of property of children should not infringe on their interests. After the operation, minors must transfer to the property similar property or real estate in large quantities. Only then will custody allow the sale of the child’s property without problems.
Multiple owners
But what if you plan to buy and sell real estate with several owners? This is a rather difficult question. After all, situations are different.
To begin with, we will examine the situation in which real estate is sold in full. Then it is better to supplement the listed packages of securities:
- the consent of the owners to the transaction;
- power of attorney from the co-owners for the operation by one person.
In this case, the funds will be divided into all owners in proportion to the existing shares in the object. Registration of the agreement will not include any features.
Sell share
A sample of the sale of real estate (contract) is presented below. This document is not so difficult to create. But making a deal is not easy.
Especially when it comes to selling a share in the property. The owner must bring with him, in addition to the previously proposed package of papers, refusals from co-owners to redeem.
According to current rules, when selling a share of real estate, the remaining owners of the property have a preemptive right to purchase. And so, first, the citizen offers a ransom to the co-owners, and then puts up a share for sale.
Important: you cannot sell real estate to third parties for less than what was offered to the co-owners. This is a violation of applicable law.
If the owners are silent
How to behave if co-owners evade refusals and consent to the purchase of a share of real estate?
In this case, there is a solution. The seller is required to send a buyback offer with a receipt of receipt. If a month after the notification did not receive a response, you can put up the property for sale.
Accordingly, the listed packages of securities are supplemented by notifications with buyback offers. Otherwise, the transaction will be refused.
Cost
How much does a purchase agreement registration cost? It is not difficult to answer this question.
At the moment, citizens must pay 2,000 rubles for the operation. Notary services are paid extra, but not always.
Organizations and legal entities will have to pay more. The duty for the sale of real estate will be 20,000 rubles. It is better to clarify more accurate information with the registration authority when concluding a transaction.
Registration in Rosreestr
A contract for the sale of real estate is not so difficult to conclude. Especially if you follow all the principles listed above.
What to do after the conclusion of the contract? The new owner will have to go to the State Register or to the MFC. You need to have:
- the contract;
- receipt of receipt of money by the seller;
- documents for property;
- identification;
- a copy of the seller’s passport (preferably);
- birth certificate (for minors).
After submitting a request for renewal of ownership, you need to wait 10 days. As soon as the documentation is ready, it will be handed over to the owners.
Previously issued certificates of title to property. Since 2017, USRN statements began to be issued.
Sample Agreement
Below is a sample real estate purchase and sale agreement. This is a template that can be used to implement the task.
Ideally, a purchase agreement contains the following data:
- Name of the parties;
- price of property;
- characteristics of the property;
- Address of the object;
- procedure for transferring funds for an operation;
- liability of the parties for violation of the transaction;
- list of documents attached to the contract.
This is usually all. In fact, everyone can draw up a competent contract of sale. But if you want, you can contact a notary or lawyer. Then the document will definitely be legally competent.