Having a part in the common share ownership, you should not hope that it will turn out to be sold quickly. In this case, the order involves notifying other holders of interest on the forthcoming sale. It is clear that the owner has the right to dispose of his part at his discretion, sell it or donate it, but provided that the preemptive right to acquire a share from other owners is not violated. This rule does not apply only to public bidding.
Features of the implementation of the preemptive right to purchase
The Civil Code obliges the owner to draw up a notice on the sale of a share of a house or apartment and forward it to other owners of real estate if alienation to a third party is supposed. In the case when all interest holders express their unwillingness to acquire a part in common ownership, then it can be sold to a third party. However, in order to exercise this right, you will have to comply with all the formalities for compiling and sending a sample notice on the sale of a share in an apartment.
Mailing
Usually, in order to have all the supporting documents for sending a notification, it is sent to the sozolniks through the post office. In this case, it is recommended to send a letter with a notification and an attached description of the documents being forwarded.
The countdown of the period, which will allow to determine the date of delivery to the co-owners, will be the date indicated in the notification of delivery.
Although this method has a certain risk, the recipient may refuse to receive the letter, or not reside at a known address, be in a sanatorium or abroad. Naturally, mail employees will not carry a letter every day or find out where the notification recipient is now.
Judicial practice in this matter is also ambiguous. On the one hand, the VS determines that the seller is not obliged to hand over notifications to other owners, but only is obliged to take measures that will notify the owners. On the other hand, some courts satisfy claims and transfer the right to acquire a share to the shareholder, justifying their decision with the lack of confirmation of receipt of a notice of sale.
Personally in hands
If all owners live together, then you can transfer a sample notice of the sale of a share in the apartment in person. In this case, it is necessary to require from other owners the shares of the receipt, with the decryption of the signature, the date of receipt of the notification. Although in practice, it is extremely rare to negotiate with other owners of non-residential premises.
Notarial notice of the sale of shares
This method is usually chosen by those sellers who are sure that it will not be possible to agree with other co-owners.
The notary takes all the functions of drawing up a notice, sending and confirming to himself. If the notified person does not appear at the notary’s deadline, but a notification is received that the letter has been handed over, the latter will issue a certificate that the co-owners have been notified in the manner prescribed by law.
In situations where there is no confirmation of the delivery of the notification, the notary issues a certificate that all possible measures have been taken to duly notify the co-owners of the upcoming sale. But the receipt of such a certificate should be agreed upon in advance, since such a document is not provided for by any regulatory act. Naturally, such a service is paid, but the most reliable of all the above.
Notification Text
A sample notice of the sale of a share in an apartment should not be sent immediately to all neighbors. In this case, it will be difficult to prove that all interested parties are duly notified.
The text spells out the intention to sell its stake. Be sure to specify which part is proposed for sale, where the property is located. It is necessary to describe the conditions of sale, whether installments are possible. A very important point is the price. It must be real and consistent with the one for which the seller intends to alienate it. If the alienation to a third party is carried out at a higher or lower price, the transaction may be invalidated.
A sample notice of the sale of a share in an apartment or other property may be received by a representative of another co-owner.
His authority must be fully confirmed. You should check the power of attorney of such a person, where it should be clearly stated that the representative has the right to receive notice of sale.
The timing
After confirmation is received that the co-owner received a letter of notification of the sale of the stake, you will have to wait 30 days. If after this period, the co-owners did not respond, did not show their decision, you can safely proceed to the stage of direct alienation of their share.
Notification or permission?
Very often, people confuse the concept of notice and permission. Instead of drawing up a sample notice of the sale of a share, they send other owners a request for permission to conduct the sale to a third party.
This opinion is a complete misconception. The owner of a share is a full-fledged manager of his own property with all the ensuing rights and obligations. Co-owners cannot allow selling or not selling, otherwise it is a complete violation of the norms of the Constitution.
The preemptive right to acquire a share is just a right that is enshrined in law and is designed to protect the rights of all co-owners.
Misconception appeared at the level of the authority that registers transactions for the disposal of property. Rosreestra’s specialists sometimes require a permission to sell, but such a requirement is completely contrary to the norms of the current legislation and violates the rights of the seller.
The Rights of Solicitors
If the seller did not bother to send a sample notice of the sale of the share to all owners of the joint property, then they have the right to appeal the transaction in court. The law sets aside 3 months from the date of the transaction. In this case, the claim should include a request for transfer of the rights of the buyer to the plaintiff.
In conclusion, it should be noted that the notice of the sale of an apartment share is an important document in the entire procedure for the sale of a share in a common property. Neglect of the obligation to notify may result in litigation.