Can I sell an un privatized apartment? Non-privatized apartment and share in it: features of the section and sale

Most citizens living in municipal housing are faced with the question of whether it is possible to sell a non-privatized apartment. They are interested in this in order to improve housing conditions. The legislation on this subject says quite concretely that individuals do not have the right to make purchase and sale transactions with apartments that have not been privatized. If previously a citizen did not exercise his right to such an action, now he has such an opportunity again. This option is used if the apartment is not privatized, and it must be exchanged for privatized, regardless of the location of both.

Is it possible to sell a non-privatized apartment

Features of the procedure

It is done like this. Anyone who is interested in the sale or exchange of a non-privatized apartment can find a buyer who needs housing in another city or is willing to exchange it for other housing. After this procedure, he has the opportunity to register where he wants to live. Some agencies are now working in this direction. They dispose of the house in a specific place, through the apartments in which such manipulation is performed.

Of course, such transactions are not entirely โ€œtransparentโ€, and often they are even called illegal. But as a result of this, the seller receives obvious benefits, since he sells housing, which in fact does not belong to him. The main disadvantage is that the fact of the transfer of funds is not indicated anywhere, and it is here that the possibilities for fraud are opened.

How to be secure?

In this case, as in any real estate transactions, extreme caution is required. Traps can be avoided only if you carefully read all the documents that you are going to sign. It is important to remember that an exchange agreement can be declared invalid within a year from the moment of conclusion. If you realize that you have been deceived, you must immediately contact the police.

How to sell a non-privatized apartment

Second option

Speaking about whether it is possible to sell a non-privatized apartment, it is worth noting that when such a need arises, there is another way to solve the problem. First you must find a buyer in your living space. You can find out if there is an opportunity for you to privatize housing. This cannot be done with such objects as apartments in special purpose houses and military camps, in houses with major repairs, dormitory rooms and housing of social significance. If your apartment is not from the listed categories, then you can collect a package of documents required for privatization: a certificate of family composition and living space; certificate of accrued housing quota; passports, birth certificates of children who are not yet 18 years old; evidence of benefits.

When understanding the question of how to sell an un privatized apartment, pay attention to the fact that with the indicated list of documents you should contact the district administration with the whole family. There you fill out the application, and all family members will leave signatures under it. This condition is required. The application is considered within a month. The privatization agreement is drawn up in the presence of a notary. After it is recognized by the state, you will have access to the sale of a non-privatized apartment.

Property Sale Agreement

But what about the buyer?

In this situation, it is very good if the buyer is aware of everything. In the event that he is interested in purchasing your apartment, he will be ready to make a deposit and wait until you complete all the documentation. Notarization is required by the deposit agreement. Naturally, in this case, the final cost of housing will be less than in the case of pre-privatized, but the parties to the transaction will benefit.

Third option

Parsing the question of whether it is possible to sell a non-privatized apartment, it is worth telling about another way. You can draw up a social tenancy agreement for the property on the buyer. To do this, you will first need to agree with him, and then register him in your home in accordance with the rules of social hiring. When the agreed amount is received by you, you can be discharged from the apartment. And the buyer after that can draw up a social hiring agreement for himself, after which he has the right to privatize the apartment.

If the apartment is not privatized

What does privatization do?

So, now you know how to sell a non-privatized apartment, so you can deal with other issues. As the owner of privatized housing, you can do anything with it: exchange, sell, transfer. To sell an apartment, you need a certain list of documents that a notary in charge of conducting your transaction will help you collect.

If you want to sell your housing in the shortest possible time, you can use the services of specialized agencies. Specialists can not only help in finding a buyer, but also save your time. If you are interested in how to exchange a non-privatized apartment, then the situation is slightly different. To do this, you will need two other apartments, the status of which is the same. This is one way of dividing the living space. Previously, personal accounts were split for this , but now this procedure is prohibited by law.

Features of contracts

Exchange of non-privatized apartments

Often, citizens who decide to purchase an apartment are afraid of its double sale or other fraudulent actions by the seller. For such people in the practice of conducting real estate transactions entered into a preliminary contract for the sale of real estate. With its help, both parties receive certain, very specific rights. In a sense, this is an obligation that the parties will make a deal in the future. The preliminary contract will also provide protection against an increase in the value of the apartment and its preservation in its original form without deterioration of the condition of the transferred property in the future. However, in some cases, a preliminary contract for the sale of real estate may include conditions that create certain points in the transaction. That is why extreme care is required during its compilation.

Sale of non-privatized apartments

What is contained in the preliminary contract?

This document includes a complete list of the necessary conditions for the preparation of the main contract in the future. It necessarily prescribes the time frame between which the parties must necessarily carry out a purchase and sale transaction, the amount of money that is paid as an advance from the buyer.

When selling a home, along with some property, its current state is mandatory, so that the seller in the future bears responsibility for damage or inappropriate condition of the objects. He will not be able to refuse these obligations in the future when the main contract will be concluded. If one of the parties evades the transaction, then all these documents will allow to hold her accountable. Losses which in this case will be caused will be charged in court.

What can you expect?

So, now you know whether it is possible to sell a non-privatized apartment. Now itโ€™s worth sorting out some of the โ€œpitfallsโ€ you may encounter. Any of the options described carries a certain risk. The main factor is fraud on the part of the buyer or the agency. For example, you may be faced with the fact that you are discharged from the apartment, and you will not be paid the money that you are promised, or the company will refuse to buy the buffer apartment back. First you need to carefully check the person or organization with which you intend to work. The buyer may also suffer when using the "buffer" scheme, because if he had previously used his right to privatization, now he will remain just a tenant.

A certain danger awaits from the side of law enforcement agencies. It is possible that someone from interested parties will file an application with the court about the invalidity of the transaction that is being completed. There is every reason for this from a formal point of view. Such a sale could theoretically be regarded as a sham or imaginary transaction, and this is a violation of the law. The result of litigation in this case is difficult to predict.

How to exchange a non-privatized apartment

conclusions

Whichever option you choose in the end, you must remember that you can expect many problems. That is why it is worth privatizing housing, and then carry out any operations with it. And every step taken must be reflected in the documents so that in the future there are no problems with the law.

Source: https://habr.com/ru/post/K7549/


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