Buying an apartment is a very, very responsible process. Everyone who decided on it is obliged to pay the most careful attention to the procedure. The process of sale refers to the transition from one owner to another ownership right through cash settlement.
How to make a sale of an apartment in accordance with all the rules
So, what does the procedure for buying a property consist of? Choosing a housing option, you need to check the seller’s documents. With a lack of personal experience, it is best to contact a notary or lawyer. In addition, you should evaluate the acquired property. This can be done both by yourself and by resorting to the services of specialist realtors.
Before you make a purchase and sale of an apartment, it is very important to trace the history of the purchased property - who and when was registered in it, under what circumstances the ownership passed. This is done in order to get rid of potentially dubious moments.
It is very important to carefully study the list of those who are currently registered in the apartment. People may well live in another place, but be registered on the housing that is being sold. The behavior of the person from whom you acquire real estate should be given the closest attention. The owner of a residential property should at least adequately, calmly and unvarnishly describe the advantages and disadvantages of the property being sold. In his behavior should not be traced oddities and suspicious moments.
If certain doubts arise, the legal capacity of the latter should be clarified. If you do not do this on time, the transaction of sale may subsequently be challenged in court. Such surprises, of course, do not need you.
Check everything carefully!
The same applies to other owners - usually relatives of the owner. Regarding each of them, you need to find out exactly how the property was in the ownership. Let's say the apartment was inherited by will. In this case, troubles are possible in the form of unexpectedly arising other applicants for the bequeathed apartment. Litigation with them can drastically and complicate the process of sale, and even completely disrupt the transaction.
The same rules apply if there is a purchase and sale of shares in the apartment.
If someone from the owners of the apartment being sold has obtained the rights to this property through a court, it is imperative to clarify whether it is possible to challenge the court decision in this case. One of the most serious factors is the presence of minors registered in the apartment. This moment is very important. After all, it is impossible to sell the housing on which the child is registered without the consent of the guardianship authority. To get reliable information, it is best to send a request to the appropriate authority.
Completion of the preparatory phase
For the procedure for signing the necessary documents, all parties to the transaction must be in place and available on any day. The procedure will be delayed if one of the owners is temporarily absent. Even worse, if he is wanted or while away the time in prison. In this case, the purchase and sale transaction is rather impractical.
The completion of the procedure for checking the apartment for legal cleanliness will be the submission of a request to utilities, which include the office and BTI. This is necessary to clarify the prospects of your property for the future in the eyes of utilities. After all, it is quite possible that the house is planned for demolition, or a certain development will be carried out in the immediate vicinity.
Having collected all the necessary information and making sure of the legality of the documents presented, you can finally decide whether or not to agree to this option. Before signing the act of purchase and sale of an apartment, reliable information about the owner can be clarified by submitting a request to the Unified State Register.
We make a deal right
The sales contract is a key document in the process of purchasing any property. Current legislation regulates its legal certification. This is done in a notary's office or in a real estate agency. There, if necessary, you will be provided with an agreement form (sample) for the sale of an apartment. Civil Code of the Russian Federation (its article 550) allows for the independent execution of such a document. In this case, the components of it should pay attention to the presence of all mandatory points.
These include: a description of the property being sold, price, a list of parties involved in the transaction, the order in which the funds should be transferred, as well as a list of those who receive the right to use this property. The last moment must be clarified in the case when there are several owners of the future apartment.
What documents have to be collected before you make out the purchase and sale of an apartment? First of all, this is a general passport. When the buyer is married and the marriage is officially registered, the marriage certificate and passport of the second spouse should be presented, as well as the consent to conclude the transaction. Article 35 of the Family Code of the Russian Federation states that a spouse must be informed of the intention to purchase a home. In the absence of their legal consent, the purchase and sale transaction of an apartment may be terminated through the court.
If the housing is registered for the owner who has not reached the age of majority, a birth certificate is provided.
Registration of an apartment sale contract
Having compiled the text of the contract, both parties carefully study it, checking for all the necessary conditions. Then, the buyer and seller sign the contract with the registration authority in accordance with Article 558 of the Civil Code of the Russian Federation. Signing is made in the presence of an authorized registrar. From this moment on, the contract is considered concluded.
A certain amount of state duty is paid for signing it into the budget. Funds are contributed by both sides. In addition to the contract, a deed of transfer must be drawn up. Its signing and entry into force can occur only in case of fulfillment of the full amount of obligations prescribed in the contract. Well, at the last stage, finally, the registration of the apartment purchase and sale agreement takes place, indicating the transfer of ownership of this property.
To formalize it, the following list of documents should be selected: an application for transfer of ownership from the seller to the buyer, the contract of sale of the apartment, the receipt of payment of the duty, cadastral plan and registration certificate for the apartment. In addition, you will need passports of both the seller and the buyer and extracts from the house book of the owner of the apartment.
If the purchase procedure is framed in accordance with all the rules, then at its completion the buyer will have the following documents in their hands: a copy of the direct purchase and sale agreement, a deed of transfer and a document on the transfer of ownership to the new owner.
Mortgage Purchase
Buying an apartment can occur by arranging a mortgage. In this case, the main package of documents must contain, in addition to the above, an expert opinion on the market value of the property, a document registering the encumbrance, an insurance contract for the apartment. How to make a sale of an apartment in this case? The difference is only in the presence in the text of the main contract of certain conditions, the observance of which is regulated by law.
Most often this refers to the circumstances and timing of the transfer of real estate. A clause on the preservation of housing in one state or another is possible. Force majeure circumstances must be agreed directly by the participants.
It is the seller’s responsibility to provide the buyer with information about third parties that may claim ownership. When the contract is concluded, the buyer loses the right to refuse the transaction without a good reason. At the agreed time, payment must be made for the acquired housing. If the buyer refuses to deposit the amount of cash indicated in the contract, the seller has the right to raise the issue of non-compliance with the terms of the contract.
On the pros and cons
What are the advantages and disadvantages of concluding this agreement? The main plus is the possibility of notarization and legislative support. In case of violation of the conditions, obligations and deadlines specified in it by either party, the other participant has the legal right to demand the execution of clauses of the contract in the prescribed manner.
If circumstances arise that are not provided for by the clauses of the contract, the presentation of the relevant requirements is possible within a three-year period from the moment of the procedure of registration and certification with the signatures of the sales certificate. During the year, the buyer has the right to file a lawsuit in court in case of failure to satisfy the basic requirements.
The main drawback of this document is the ability to challenge its validity. This happens when the registration or violation of the requirements of the law regarding the conclusion of the transaction is incorrect. The contestation procedure is carried out through the court. This can be done at the initiative of both the buyer and seller.
Do I need an agent?
Is it worth or not worth contacting a real estate agency for buying an apartment? Its employees will take a certain percentage from you for their services in selecting a purchase option, collecting the necessary documents and legalizing the transaction, which usually amounts to a rather impressive amount of money. But it seems that it is in this case that saving is inappropriate. Indeed, in real estate agencies are professionals who specialize in this particular industry. They always have a standard form for buying and selling an apartment, drawn up taking into account all the subtleties.
As you know, it is easy for an ignorant person to get into a mess, not knowing certain nuances. Suppose, at the time of purchase, the "settled" issue with all registered on this housing. But earlier in the apartment a person could be registered who was serving a prison sentence at the time of the transaction. For the period of the sentence, such a tenant should be automatically discharged. But on his return, he can exercise his right to reside in a given living space, which he will challenge in court.
For those who nevertheless decided to act independently, we provide a preliminary contract for the sale of an apartment, a sample of which is available without fail from any notary or a real estate agency.
Transfer of money
It is best to transfer the funds in the calculation in the presence of a notary or reliable witnesses. Then, in the event of any complications, they will be able to confirm the fact of such a transfer. The most reliable and safest option for settlements in transactions is the use of bank services. In this case, the amount of money is recalculated in the presence of a bank representative, sealed with the signatures of all parties and stored in a bank cell until all points of the contract are fulfilled.
If you still decide to resort to the services of a notary public, it is better to choose his candidacy yourself, rather than agree to the offer of the seller. In addition, do not forget to especially carefully check the documents of ownership of the property if the seller owns it for less than six months.
Purchase and sale of an apartment - deposit
Now let's talk about such a thing as a deposit. It is understood as the amount of money transferred to the seller by the buyer as evidence of the seriousness of intentions in acquiring a home. Having received the deposit, the seller undertakes to refrain from selling this property to third parties until a certain time.
The point of the deposit is to guarantee the success of the transaction and consolidate the intentions of the parties. Upon final settlement, the amount of the deposit should be officially set off as part of the total cost of housing.
A deposit agreement (preliminary contract of sale of an apartment), the sample of which, although not legally approved, is drawn up, nevertheless, in compliance with all legal subtleties, only then it will have the force of law. If such an agreement is drawn up and the deposit is transferred, it becomes the buyer's responsibility to acquire this particular housing. If an alternative is preferred, he loses the entire amount of the deposit, which remains at the disposal of the seller. If, after receiving it, the seller changes his mind to finish the deal, he is obliged to return the amount of the deposit, as a rule, in double size. But this circumstance must certainly be spelled out in the drawn up contract.
A normal return of the deposit amount is possible if one of the parties is unable to participate in the transaction for a good enough reason (a sharp drop in financial position, the occurrence of any force majeure circumstances). The procedure for such a return occurs solely by mutual agreement of the parties.
About the intricacies of design
How to correctly draw up a deposit agreement? It must necessarily apply to everyone who is among the owners of the apartment for sale. It is also desirable to identify all buyers, but the contract can be drawn up with one of them. Be sure to indicate passport data, full name all mentioned with residential addresses, a brief description of the apartment.
If you neglect the correct legal drafting of such an agreement and confine ourselves to the usual receipt, complications may arise in the future when trying to defend the violated rights in court. The buyer, in the event of the seller's refusal to sell the apartment, may lose the deposit paid. For example, it is possible for relatives of the seller to present a medical certificate about the inadequate state of that at the time of receiving the money and issuing a receipt. In this extreme case, even the court is powerless.
Do not forget about the receipt
When signing an agreement and transferring a certain amount of money as a deposit, a receipt must be issued on the transfer and receipt of money. The seller is obliged to draw it up in the presence of the buyer. Such a document is written exclusively with a ballpoint pen (not with a pencil and not with helium paste) and only by hand, since in the case of a judicial dispute, the examination will be able to identify the handwriting of the writer.
The receipt must necessarily contain in its table of contents a link to the concluded contract of sale of the apartment with the number and date of signing. It must contain the data of passports of both parties and the date of its registration. The amount of the deposit is indicated in numbers and must be in words. It is imperative to indicate that the transferred amount has the status of a deposit, and not something else.
In the receipt, in addition, there should be a brief description of the property with information on ownership. The seller’s signature on the receipt must match the one in the passport. If you decide to print it, and not draw it up by hand, notarization is very desirable .
When receiving a receipt, the money should be transferred to the seller in the presence of witnesses. The transferor should require the receiver to recount the banknotes and confirm the presence of the indicated amount and the absence of their own claims.