The purchase of housing is not only a joyful event in a person’s life, especially if this is the first purchase, but also quite a serious and responsible business. Typically, in the process of buying and selling, many citizens use the services of law firms. However, you can buy an apartment on your own. In this case, it is necessary not only to know all the subtleties and legal aspects of the upcoming process, but also to understand what difficulties may arise when making a purchase.
Legal basis and nature of the transaction
Buying an apartment is a process in which the buyer, on the basis of documents established by law and for a certain amount, receives housing in the property.
Documents provided by the seller during the sale of the apartment and necessary during its registration are regulated in Federal Law 122 “On State Registration of Rights to Real Estate” dated July 21, 1997. When making transactions, it is worth guiding this document.
An ordinary person does not often have to make a purchase or sale of property, so often when such a need arises, legitimate questions arise: “How is the purchase? What documents should an apartment seller provide to a buyer? ” The answers to them will be given further.
Permanent real estate transactions are the main activity of specialized real estate agencies and notaries. It is these organizations that often appeal to citizens who wish to purchase housing. In the case when a person has decided to independently execute the registration of the apartment, he must have a clear idea of what documents the seller of the apartment should transfer to the buyer.
Documents Provided by Buyer
In order for the transaction to be successful, it is important to comply with all requirements and norms when processing documents. What documents should an apartment seller give to a buyer? Where can I register a property? What is required from the future owner? These and many other questions arise in people who want to get their own meters.
Before you go to negotiations, you need to find out what documents the seller needs to sell the apartment from the buyer. The acquisition of housing is a two-way process, so the buyer as a party to the transaction must also be prepared.
An interested person in the acquisition of real estate will need the following documents:
- passport (for those undergoing military service it is possible to issue the necessary documentation on the basis of a military ID, for minors - a birth certificate);
- if the buyer is married, then a certificate of marriage registration is required, as well as a notarized consent of the second half to purchase (as long as the couple lives in peace and harmony, this measure may seem unnecessary, but it will be very useful when registering a divorce);
- upon execution of a transaction by proxy (indicating the terms of its validity), a proxy passport is provided.
In addition, when an apartment is purchased on a mortgage, a certain list of securities approved by the bank is required. A financial institution makes demands not only on the personality of the borrower, but also on its solvency. Therefore, the package of documents will be more significant than when buying a home for the buyer's own money.
Transaction Procedure
The real estate market is a fairly profitable niche in which fraud is a fairly common occurrence. In order not to end up without money and without housing, it is important to approach the issue of choosing intermediaries and partners in a knowledgeable transaction.
When making a transaction, it is mandatory to follow all the steps described below:
- Familiarity with the seller’s documentation. After the property has been preliminarily inspected, financial issues regarding the cost of housing have been settled, it is necessary to conduct a thorough check of title documents and other securities required to complete the transaction. In the event that the future owner of the property is legally savvy, the study can be carried out independently. However, not everyone knows what documents a seller of an apartment must provide to a buyer. In this regard, at this stage, the help of a competent specialist will not be superfluous.
- Registration of the transaction. At this stage, you will need to draw up a document confirming the bilateral agreement. It must be issued in triplicate (seller, buyer, registration authorities).
- Drawing up an application to the Rosreestr.
- The payment of state duty (this obligation is imposed on the buyer). The registration service is required to present the original payment document (it may be a check or receipt).
The main list of documentation required from the seller
The main question that worries future property owners is the following: what documents must the seller of the apartment provide to the buyer?
The buyer, in case the acquired property is not a new building, must understand that any housing has its own history. The following provision follows from this fact: all real estate transactions cannot be brought under a single template.
Each purchase is made out in its own way. Based on the individual characteristics of a particular housing, we can conclude what documents the seller of the apartment should pass to the buyer. The main list of such securities may include:
- passport;
- title papers for residential property;
- legal act of foundation on all owners;
- technical passport, cadastral number mark.
In the absence of any of the above securities, the transaction cannot be completed. Only after everything is ready, further discussion of the sale is possible. And what documents are needed from the seller of the apartment to the buyer, it was said above.
Title papers
A factor confirming that a particular person is the owner of the property being sold is a certificate of state registration of law. What documents does the seller of the apartment pass to the buyer? Their appearance is determined by the circumstances of the acquisition of housing by the current owner and can be presented in the form:
- a contract for the purchase of real estate (provided that the alienated housing was purchased for cash);
- free donation, inheritance of real estate;
- life maintenance contracts;
- certificates from the housing construction company confirming payment of the share in full.
It should be borne in mind that the old samples of documentation on the right of ownership to a certain extent differ in appearance from modern ones. However, both of them have legal force (provided that the document is prepared in accordance with the norms and requirements of the law). The seller’s documents when selling the apartment must be authentic and executed on paper.
Ownership must be registered with Rosreestr. The issued document must contain information about the owner of the housing, give a description of the property, include information about the burden.
Highlights When Checking Property Before Buying
In order to correctly represent what documents a seller of an apartment should provide to a buyer, it is necessary to study in more detail the history of the sold housing. For security and legitimacy of the transaction, certain nuances should not be overlooked:
- whether there are persons who are not indicated in the registration but who have the right to reside in the alienated territory (minors; pensioners who are at the time of sale in nursing homes; persons who are undergoing treatment or in places of detention; military personnel);
- whether other citizens have the right to acquire housing (an apartment for rent, a mortgage, under arrest);
- If there is a redevelopment in the apartment, the owners must have permits for the implementation of such changes.
In order to avoid further problems with residents, other owners or authorities, the buyer also needs to keep in mind what documents the seller of the apartment provides the buyer additionally or upon request: extracts confirming the absence of debt for housing and communal services, papers from the EIRC (contain information about the area of housing, owner and registered persons). It is also necessary to present a certificate from a neuropsychiatric dispensary (if a driver’s license is not requested).
Of the documents provided by the seller of the apartment to the buyer, the consent of the second spouse to complete the transaction is also required.
Alienation or Acceptance Agreement
Today, in order to arrange an apartment, the participation of a notary is not required. However, it is important to remember that the purchase of real estate should not be limited to one contract only.
In addition to it, an acceptance certificate or an agreement on the alienation of real estate is required.
The act is drawn up in writing. The following data shall be indicated in the document:
- details of the contract;
- personal information about the participants in the transaction;
- time and place of transaction execution;
- parameters and technical characteristics of the alienated property in accordance with the entry in the State Real Estate Cadastre.
All the information listed: housing area, appearance, whether there is a repair, amenities, and the like - is described in sufficient detail.
After a description of all the parameters, the parties summarize the act in a certain wording indicating that one side (seller) transfers the object, the other side (buyer) accepts it.
In addition, participants confirm that there are no claims to the alienated property. As a result, the paper is certified by bilateral signatures.
Registration in Rosreestr
Upon completion of the transaction, immovable property must be registered at the state registration office (Rosreestre), located in the region where the dwelling is located. In order for the registration of rights to the acquired property not to be delayed, it is necessary to carry out this procedure in the coming days after the official transaction.
The registration procedure is as follows:
- The first thing you should start with is writing a statement. This paper is modeled. It indicates the passport data of the buyer, seller, reflects the legal justification for registration. In addition, the exact address of the registered property, area, number of rooms fit into. Date is indicated. The document is certified by the personal signature of the applicant.
- A sales contract is attached to the application.
- Payment of state duty (negotiated between the parties independently).
- A receipt is issued to the buyer on acceptance of the application and the papers attached to it.
According to the law, a certificate of ownership is issued within a month (maximum period). After the document is received, its holder can fully and legally use and dispose of the acquired housing.
Receipt: concept and role in the transaction
Any buyer must also know what documents the seller of the apartment transfers to the buyer, in addition to the above.
The registration process from a legal point of view does not mean the availability of payment, in connection with which the seller has the right to terminate the contract.
It must be understood that even with complete trust between the parties to the transaction, there is a certain opportunity to secure the transfer of funds, as well as provide evidence of this fact. For these purposes, there is a receipt.
The paper, which is the guarantor of the transaction, has certain requirements:
- drawn up in writing (preferably in handwritten form);
- notarization of the document (not required, but desirable);
- the presence of third parties in the preparation of paper, a certificate written by the signature of witnesses.
The receipt is an important act that allows the buyer to confirm the legitimacy of the transfer of ownership of the alienated property. It can be provided in court or by a notary in case of contentious issues.
Self-execution of a transaction: pros and cons
Of course, it is quite possible to purchase an apartment without involving various specialists. And there are certain advantages to this. Parties will not have to:
- pay expensive lawyer's services;
- draw up documents notarially (only if absolutely necessary);
- overpay for the services of real estate offices.
These conditions are more suitable for people with certain legal knowledge, or specialists whose professional activities are related to resolving legal issues.
Often, an independent approach requires significantly more time, in-depth knowledge in the field of legal relations or the presence of our own real estate company. Using the services of specialists involved in transaction support, the buyer will not only incur costs, but will also receive a certain guarantee when processing the transaction.
Specialists work directly with both participants in the process. They explain what is required of the client, what documents the seller of the apartment must pass to the buyer. The employees of the legal organization are fully engaged in the preparation, execution of the contract, support for the sale and registration. Do not forget that even with full legal support for the purchase of a full guarantee, no one can give. However, if a highly qualified specialist is taken for work, then all possible risks are minimized.
In any case, it is important to always independently monitor what documents the seller of the apartment must provide to the buyer. Then the risk of being cheated is reduced.