For many people with municipal housing, the question often arises as to whether it is possible to sell a non-privatized apartment in order to improve their living conditions. The law clearly states that individuals do not have the right to make purchase and sale transactions with real estate that has not been privatized. If at one time a person did not exercise the right to privatize social housing, now he can redeem this right. This operation is usually carried out if the privatized housing is exchanged for non-privatized, regardless of its location.
How it's done?
It looks quite a certain way. Any person who has a non-privatized apartment or share in a communal apartment can find a suitable buyer who either needs housing in another city or is willing to exchange it for the right housing. When this procedure is completed, the seller can register in the apartment where he wants to live. At the moment, some firms specialize in such transactions. They have a house in another city, through apartments in which exchange operations are carried out.
Naturally, this type of transaction has “pitfalls”, and disputes about legitimacy or illegality often flare up over them. However, as a result of this, the seller’s benefit is obvious, as he sells housing that does not belong to him. The only drawback is that the fact of the transfer of money will not be indicated anywhere. And this attracts special attention from scammers who want to take advantage of this situation.
Safety regulations
As in any other real estate transaction, in this case you need to be extremely careful. And in order not to fall into the clutches of scammers, you need to carefully read all the documents that you sign, and also remember that the exchange agreement can be invalidated within a year after it was concluded. If you realize that you have become a victim of fraud, you need to contact the police as soon as possible. If the company that deals with such transactions is conscientious, then it will not allow such a situation, since the seller will be handed the money for the apartment after he is registered in the living space, which was provided for him from the very beginning of the transaction.
The second way out of the situation
If you answer the question "is it possible to sell a non-privatized apartment", then it is worth noting that there is another option for what to do when such a need arises. First you need to find a potential buyer for your property.
Can find out if there is an opportunity to privatize your home. It should be remembered that such objects as apartments in military camps, in special purpose houses, in houses with ongoing major repairs, social housing, and also dormitories are not subject to privatization. If your housing does not belong to any of these types, you can collect a package of documents for privatization. It:
- a certificate of family composition and living space;
- certificate of accrued housing quota;
- passports;
- checks "Housing";
- birth certificates of children who are not yet 18 years old;
- documents indicating the presence of certain benefits.
If we even talk about whether it is possible to sell a non-privatized apartment, then it is worth noting that with the listed documents you will need to come to the district administration with the whole family. Here you will need to fill out an application that all family members must sign. He will be considered for one month. In the presence of a notary public, a privatization agreement is drawn up. As soon as it is recognized by the state, the apartment will receive the status of privatized.
What to do with the buyer?
In the described situation, it must be said that the buyer should be aware that the apartment is not privatized. Often, if a potential buyer is interested in purchasing this particular housing, he is ready to make a deposit that you will need to complete all the necessary documents. The deposit agreement is best notarized. Of course, in this case, the cost of the apartment will be slightly lower than what would have been if it had already been privatized initially. You receive a deposit from the buyer, after which you will have the right to sell the apartment, and then you can sell it.
Third option
If we continue to understand the question of whether it is possible to sell a non-privatized apartment, then it is worth mentioning one more option. You can draw up a social contract for the real estate that you have at your disposal for the buyer. To do this, you must first agree with him, after which you can register him in your apartment in accordance with the social contract. After you receive the amount agreed between you, you can be discharged from the apartment. Further, the buyer has the opportunity to draw up a social rental contract for housing in his own name, and then privatize it into property.
What rights do you get after privatization?
After privatization, you, as the owner, have the right to sell the apartment. What documents are needed for this, a notary will tell you, with whom you will work when concluding an agreement and completing a transaction. As a rule, the basic securities include: technical passport for the property; document with the mark of BTI; certificate from the Housing Office (form No. 3) on the composition of the registered people in the apartment; certificate of registration of ownership (extract from the Register) of real estate; document confirming the absence of debt for the use of utilities, your passport and ID. You can not only sell housing, but also exchange it.
If you want to sell an apartment in the shortest possible time, then you should contact the agency. Specialists will not only help you in finding a buyer, but also help you significantly save time. If you also do not have time to collect certificates for privatization, then they will help you make an exchange for buffer housing, they will also tell you what documents are needed for this. It will be possible to sell an apartment after you become the owner. You exchange your housing for a buffer, that is, an apartment owned by the company. You and the buyer will need to file an application for an exchange with a government organization, and then wait for permission. When you receive it, the buyer will dispose of your apartment. You should not be afraid of such transactions, as it is not only safe, but also quite profitable.
If you are concerned about the issue of how to divide a non-privatized apartment, then it is worth noting that the new legislation prohibits doing so. By this concept was meant the separation of personal accounts in it. Now you can only exchange the non-privatized apartment for two others having the same status.
Features of contracts
Quite often, citizens who are going to buy a house are afraid of its double sale and fraud by the seller. It is for such people that a preliminary contract for the sale of an apartment was introduced into Russian practice. It gives both parties to the transaction certain rights. This is a kind of obligation that the parties will make a deal in the future, and also eliminates the increase in the value of the property and preservation of its original form without impairment of the transferred property in the future. But sometimes the preliminary contract of sale of the apartment contains conditions that create certain nuances of the transaction. Therefore, when compiling and concluding it is required to be extremely careful.
The contents of the preliminary contract of sale
This document contains a complete list of the necessary conditions for drafting the main contract in the future. The specified document must necessarily contain the terms within which the transaction of sale of the apartment must be concluded between the parties, the amount of the amount of money deposited by the buyer as a deposit or advance. Also in the preliminary contract may indicate the condition of the object, furniture, which is transmitted with the apartment. In this case, the seller assumes certain obligations, which he is not entitled to refuse in the future, when the contract of sale of the apartment will be concluded. The documents in this case are called to hold one of the parties accountable if it evades the transaction. Losses resulting from this may be brought in court.
Pitfalls on sale
So, now that you know whether it is possible to sell a non-privatized apartment. It is worth mentioning those pitfalls that are often encountered in such situations. There is a risk with any option for selling a non-privatized apartment. The main factor here is the fraud on the part of the agency or the buyer. For example, you may be faced with the fact that after your discharge from the apartment you will not be paid the appropriate money. Or the agency simply does not want to buy back the buffer apartment. You must first carefully check the reputation of the person and company with whom you want to cooperate.
The buyer’s interests will also suffer under the “buffer” scheme, since if his right to privatize has already been used, he will not become the owner of a new apartment, but simply remain a tenant in it.
From the side of the law lies another danger. Someone from interested parties may well file a lawsuit in court on the invalidity of the transaction. Formally, there will be every reason: theoretically, such a sale could well be considered as an imaginary or sham transaction. And it's pretty hard to predict the outcome of a lawsuit.
Instead of a conclusion
And if you are thinking about how to sell an apartment with minors, then you will find even more problems and questions, since you must prove that these people will have a place to live in the future. That is why the most appropriate option would be privatization of housing, even if you have already agreed with the buyer and received a deposit from him. Each step you take requires you to document everything carefully, which will help you avoid a lot of problems.