Is it possible to sell real estate without intermediaries? In order to answer this question, it is necessary to understand the reasons why property owners turn to them. When resorting to the services of agencies, many people mistakenly believe that it assumes all responsibility for the apartment purchased with its help. This reason for resorting to intermediary services does not make sense. In accordance with the law, a sales contract is concluded between a seller and a buyer, and a real estate bureau is simply an intermediary. It does not bear any legal and financial responsibility. This is necessarily specified in the agreement on the provision of services between the client and the agency. In the best case, it will be able to represent the interests of the seller in a lawsuit.
Many use the services of intermediaries to avoid unforeseen situations or scammers. Knowing how to sell an apartment on your own, namely all the threats and subtleties at each stage of the transaction, you can maximize your security and do without the help of an agency.
A realtor does a laborious job, so the professional fee is high. But a large percentage of people who are ready to make an effort and save money still resort to the services of intermediaries. There is one reason - they do not know how to sell an apartment without a realtor. Having familiarized with all the stages of the process of buying an apartment, you can safely do without intermediary services.
First steps: how to evaluate, put up for sale and organize viewing of an apartment
How to sell an apartment on your own and where to start? Before the transaction, you must go through the first three steps to sell any property:
- First of all, you need to correctly set the price of the apartment. To do this, you need to study similar real estate offers. Using advertising newspapers, the Internet, find ads for the sale of apartments in the same area of the city with approximately similar parameters: condition, area, location and others. You can call several similar options and clarify all the details in more detail, as well as ask how long the apartment is for sale. Forming the cost, it should be noted that the buyer can bargain. Typically, bidding is up to 5% of the desired price.
- Having set the approximate cost of the apartment, you should attract the attention of as many potential buyers as possible. It is necessary to place an advertisement in popular advertising publications, free newspapers, place it on Internet pages and stick it on special information boards. The advertisement should briefly contain all the data about the apartment and a telephone for contact. So that potential customers do not call around the clock, you can specify a specific time for calls. Your ad needs to be updated as often as possible.
- All sellers, and especially women who are interested in how to sell the apartment themselves, will need advice at this stage. Customers' visits should be treated with caution:
- appointments in the daytime, preferably on a day off;
- It is advisable to be in a meeting together with someone you know;
- remove valuable items and money from prominent places;
- never show the original documents before the transaction, only photocopies.
Getting a deposit
No need to rush to remove ads for sale, suddenly a person changes his mind, and the seller loses a potential customer. Having agreed on the price, it is necessary to offer the buyer an advance payment. Those who independently deal with and learn how to sell an apartment without a realtor need to know - legally, this moment can be drawn up in different ways: write an advance agreement (receipt of an advance payment) or draw up a preliminary agreement on a deposit. For convenience and safety, a full description of the property being sold and the terms of the advance must be entered into this sales contract. Then, in case of refusal of the transaction, the buyer will also have to reimburse the penalties.
How is a sales contract drawn up?
The main step in this process is to correctly draw up a contract of sale, which should be ready 2-3 days before the appointed time for the transaction. The form of this document is selected: notarized or simple written (PPF). Both types of registration have the same legal force. However, those who are studying how to independently sell an apartment in a mortgage should be aware that in this case, according to the legislation, the form of the contract should only be notarized.
Drawing up a PPF contract is more economical and costs about 50-70 dollars. In the notarized form of the document, the notary also takes an additional percentage of the sale amount. Of course, the cost of this type of registration will cost much more, therefore, without the need, you should not choose a notarized form of the contract and spend extra money.
You can draw up a PPF contract yourself or ask a lawyer for help. In any case, you need to carefully study the contract of sale of real estate and carefully check each item:
- who sells to whom (name and passport data);
- address and full compliance of the main parameters prescribed in the contract with BTI certificates - f No. 11A and f No. 22A;
- terms of sale, price of the apartment and settlement form;
- the correctness of the title documents described in the contract;
- the time for vacating the apartment and extracting registered persons from it, as a rule, is 14 days.
Registration of a contract of sale
The most convenient and safest way of settlement is a bank cell. It is advisable to open it in a reliable bank located in neutral territory. A bank cell will guarantee that the seller will receive his money immediately after completing all the necessary documents.
After the money has been placed in the bank’s cell, you must submit for registration to the Federal State Registration Service (FSGRK) an agreement on the sale of real estate with signatures and the following documents:
- title document for the apartment being sold (contract of sale, certificate of inheritance, as well as any other, confirming the rights of the owner);
- cadastral passport of an apartment received from BTI specialists;
- copy of the personal account (AKC) in the original and extract from the house book;
- the original of certificates F No. 22A (required) and F No. 11A (if necessary) received in the BTI;
- photocopies of passports of all participants in the transaction;
- for women studying how to sell the apartment themselves, one should know that the consent of the husband registered in the apartment is required, and for the man - the consent of the wife;
- if there are children, then in some cases permission of the guardianship authorities will be required;
- in the case when the apartment is communal, the rejection of neighbors (if they are the owners of other rooms) or the city (if the remaining rooms are not privatized) is needed;
- other documents at the discretion of the registration officer (birth certificates, death certificates and others).
If the registrar accepted the documents, then everything is framed correctly. This employee will give a receipt in the reception of documents and appoint a time when you need to pick up. As a rule, documents are registered in the FSGRK on average two weeks, then a registered purchase and sale document is issued to the buyer and seller. Both parties must carefully check the received contract for typos and errors. If all is well, then the seller needs to get the key to the bank cell from the buyer .
Why do I need a deed of transfer?
The apartment is released in accordance with the agreements prescribed in the contract of sale. A deed of transfer is an important document that is drawn up during a transaction in any form. It details the condition of the apartment. Sometimes the contract of sale replaces it, but still it is better to draw up such a paper separately. Of course, verbal agreements can also be reached, but it is more reasonable to protect yourself. An important point for sellers who are studying how to sell an apartment without a realtor: until the deed of transfer is signed, the seller is responsible for the physical condition of the apartment (flood, fire, theft), and also pays all utility bills.
In what cases is tax paid?
All sellers are interested in the question of whether to pay tax on the sold apartment. The legislation has such important points:
- if a person has owned the apartment for 3 years or more, then when selling it, the owner is exempted from taxation in accordance with paragraph 17.1 of Article 217 of the Tax Code of the Russian Federation, but is still required to file a zero tax return;
- when the seller has owned housing for less than 3 years, he, according to paragraph 1 of Article 220 of the Tax Code of the Russian Federation, is obliged to pay 13% of the tax on the amount, the calculation of which the owner chooses at his discretion.
Two calculation formulas for tax:
- formula 1 : subtract the cost of its purchase from the profit for the sale of the apartment;
- formula 2 : subtract 1 million rubles from the amount for the sale of an apartment.
Those who deal with the issue of “how to sell an apartment on their own” and don’t know all the subtleties of the legislation will need some useful information:
- If the apartment was purchased at the current sale price or higher, it is better to use the first calculation formula, since the tax amount will be negative, which means that you do not need to pay anything. For example, the owner bought an apartment two years ago for 2 million rubles, and now sold it for 1.8 million rubles, then according to the formula 1.8 million rubles. - 2 million rubles. = -0.2 million rubles. - loss tax is not paid.
- When the apartment went practically for nothing (by inheritance, gift), it is more reasonable to take the second formula into account.
- According to paragraph 1 of Article 229 of the Tax Code of the Russian Federation, a tax return must be filed at the place of registration of the seller in any case before April 30 of the year following the year of sale. The calculated non-zero tax must be paid by July 15th.
Sale of an apartment by proxy
With a lack of time for the time-consuming process of selling housing, they often draw up a power of attorney. For example, it would be a reasonable decision when several owners own the same property. In this case, the sale of apartments is carried out as follows: all owners draw up all matters related to the transaction for one less busy person. Regardless of the reason for drawing up the power of attorney, there is a very important point: in order to avoid troubles and not to remain without housing, it is necessary to clearly indicate the powers of the trustee.
It is very important and vigilant to approach the general power of attorney. It provides an opportunity for a trustee to make any kind of transactions with property and dispose of it at its discretion, for example, to sell it and get money. A general power of attorney is issued by a notary only after a careful check of the principal on the subject of how much he realizes the purpose of signing such an important type of document.
There are times when the buyer wants to play it safe and requires the inclusion of a clause on the confirmation of the transaction by the homeowner in the contract of sale. Then you can sell the apartment by proxy only after the statement of the principal, written by a notary, about the validity of the sale.
In the event that the need to use the services of a trustee has ceased to be relevant, the power of attorney can be revoked even before the expiration date. The data on the revocation of the power of attorney is recorded in the information database of the Notary Chamber.
Sale of the apartment in which the child lives
Almost every family has children. Therefore, for parents-sellers, the question is very relevant: "And in this case, how to sell an apartment?" The child must be reckoned with and in no case infringe on his interests, otherwise the sale of housing will be problematic. This is monitored by guardianship authorities. The sales transaction procedure is of two types: the child is registered in the apartment or is the owner of the share of housing.
According to the provisions of Article 26, 28 of the Civil Code of the Russian Federation, young children and minor children, only with the consent of their legal representatives, have the opportunity to make a strictly specified range of transactions, including those involving real estate. It is possible to sell housing in which the minor is registered, but is not the owner, without the permission of the guardianship authorities. The exception is children deprived of parental care or under guardianship. In this situation, special permission from the guardianship service is required. In any case, before selling the apartment you need to find a new place of registration for the child, since when you are discharged from one place of residence, you must immediately register another. Moreover, new housing should be with the same or larger area and with similar living conditions. If the rights of the minor were not infringed in anything, then there will be no problems with the sale of the apartment.
If the child is the owner of a part of the apartment, then the corresponding consent of the guardianship authorities is necessary. This must be taken care of before the sale of housing. You need to contact the guardian organization at the place of registration of the minor child and find out whether it is possible to sell the apartment at all, depending on the particular case. If the transaction is prescribed by law, then you need to find out the time frame for which the permission to sell will be ready, and to collect the necessary certificates. Then, when drawing up the purchase and sale document, the seller without a child (if he is under 14 years old) or with him (when he is over 14 years old) comes to the guardianship and trusteeship authorities to fill out and sign the application. The second guardian (spouse, even if the couple is divorced) must also be present and give consent. Then on the appointed day you can get a ready permission.
Exceptional Cases:
- If you plan to change your place of residence due to moving to another locality, then the transaction is possible only with the permission of the guardian organization, and the amount received for the apartment is transferred to the minor's bank account. Parents are given 3 months from the date of sale to purchase new housing and registration of a similar share in the ownership of the child. Otherwise, the guardianship authorities reserve the right to cancel the contract of sale.
- When moving to permanent residence outside the country, it is necessary to submit to the guardian organization a list of certain documents received from the OVIR.
- If new housing is being built, then to obtain the consent of the guardianship authorities, it must be at the final stage of construction. A minor must be temporarily registered somewhere (with friends, relatives). When applying for a permit to a guardian organization, an agreement is brought with the developer, which reflects the child’s equity.
Options for selling a privatized apartment
The easiest option for selling privatized housing is to sell it entirely to one buyer, and divide the profits in accordance with each share. It is also possible that one of the owners redeems all other shares from other owners. Everything is simple here, and the transaction scheme is standard. But it often happens that one of the owners refuses to sell. How to sell a privatized apartment in this case? It all depends on how the property is divided.
If the apartment is divided into parts by meter, you must first write a notarial notice of the sale, indicating the size and desired cost of your selling space, and send it by registered letter to the rest of the owners. In accordance with Art. 250 Civil Code of the Russian Federation they have an advantage over other buyers. If within 30 days other owners did not respond by consent or refusal to purchase, then under Art. 250 of the Civil Code of the Russian Federation, you can exercise your right to sell a share in a shared apartment to any other person.
When the apartment is divided as a percentage, it is impossible to sell it without the desire of the others, but you can get money for your share voluntarily or forcefully by going to court.
If in the privatized housing there is a share of a minor child, then you can sell an apartment after receiving permission from the guardianship authorities.
Sale of a donated apartment
A person who has a gift certificate may dispose of the property at his discretion.If the owner wants to sell the donated apartment, in which he is the sole owner, then the sale takes place according to the general standard scheme. After receiving the money for the property, the seller must pay tax. How to choose the tax formula correctly and profitably, we examined above.
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- You can sell an apartment without repayment of credit debt. To do this, you must write a statement to the bank and wait for consent. He may refuse if the sale occurs during the moratorium on early closure of the loan. If the bank agrees, but insists on its participation in the transaction, then two bank cells are opened in it: in the first, the buyer repays the loan repayment amount, in the second - the remaining difference. After removal of the encumbrance from housing, a purchase and sale transaction is executed. In this case, even when selling an apartment without a realtor, you will have to pay the bank a commission for opening cells and supporting the transaction.
- If the creditor agrees to the sale without first repaying the loan debt and agrees not to participate in the transaction, it is necessary to conclude a preliminary purchase and sale document. Then, having paid for the loan with money received from the buyer, the owner receives documents to lift the ban and goes to the registration chamber. Further, the seller completes the transaction at a notary.
- You can sell an apartment with a loan. The buyer must submit to the bank all the necessary documents confirming his solvency, and he already decides on the option of replacing the borrower. With a positive decision, the property rights are reissued, the real estate remains in the mortgage, and the seller receives the difference between the cost of the apartment sold and the balance of the debt already without the participation of the lender.
Conclusion
It turns out that different apartments: privatized, the one whose owner is a child, mortgage, donated - can be sold without the help of a realtor, knowing all the steps of a transaction from setting a price to receiving a sum of money. Having an idea of the dangers and subtleties of this process and applying a lot of effort and time to the transaction, you can independently sell your apartment.