The procedure for paperwork when buying a secondary home. How to correctly arrange the purchase and sale of an apartment: the most detailed instructions

You can register the sale and purchase of an apartment in three ways: independently, through a notary or with the help of an agency. The first way is the most risky. However, each of them involves the conclusion of an agreement and its mandatory registration with Rosreestr.

The process of selling an apartment takes place in stages. Moreover, each stage has its own characteristics and nuances.

The purchase and sale of an apartment implies a regulated procedure in which one party undertakes to transfer to the other party, for a monetary payment, a dwelling for permanent possession and use.

The purchase is carried out by concluding a deal according to the following scheme:

1. searching for an apartment, checking its legal "cleanliness" (no encumbrances);
2. discussion of conditions, conclusion of a preliminary contract;
3. making an advance payment (by agreement);
4. preparation of documents;
5. conclusion of the main contract;
6. registration of ownership in Rosreestr by the new owner;
7. signing of the acceptance certificate, making payment.

At the same time, you can register the purchase and sale of an apartment in three ways:

• on one's own;
• at a notary;
• at the agency.

On one's own

Self-registration is the conclusion of a sale and purchase transaction between two individuals without the participation of a realtor or real estate agency. It assumes:

• execution of a contract in a simple written form;
• lack of registration of a document of title (sale and purchase agreement) with a notary;
• self-submission of all necessary documents to Rosreestr.

There are risks associated with this sale scheme: ordinary citizens are not always able to draw up a contract correctly and comply with all legal nuances. To carry out a competent transaction, you need legal knowledge and awareness in the process of selling an apartment. Their absence may become the reason for the recognition of the contract as invalid.

Table 1. Expenses for self-registration of a purchase and sale transaction

Note. The prices shown in the table are approximate. They may differ slightly from the existing ones.

At the notary

It involves the conclusion of a contract with its subsequent notarization. Such a document becomes legally significant and carries a legal basis. In addition, the notary:

• is responsible for the correctness of the contract;
• advise on the documents required to conclude a transaction;
• will tell you about the risks and nuances of buying and selling.

The cost of drawing up a contract with a notary:

1. one percent of the transaction amount (if the cost of the apartment is up to 1,000,000 rubles);
2. ten thousand rubles + 0.75% of the total amount of the transaction (if the cost of the object of purchase and sale is more than a million).

At the agency

Selling real estate through agencies is the most common. More than 80% of citizens use this sales scheme. This trend is associated with legal protection and a guarantee of the legality of the transaction.

As a rule, the agency takes care of all the preparation, assisting in the preparation of the necessary documents. In this case, the realtor:

• is looking for a suitable apartment;
• negotiates with the owner of the property;
• negotiates conditions with the seller based on the wishes of the client;
• draws up a contract;
• provides instructions on how to fill in the documents correctly;
• is present at all stages of the transaction;
• performs other actions of a legal nature when selling an apartment.

The downside is the high price for agency services. On average, it ranges from two to five percent of the cost of housing.

Deal options

There may be several options for conducting a transaction. As a rule, this is a purchase and sale:

• apartments;
• shares;
• carried out between relatives.

Purchase and sale of an apartment

Buying and selling an apartment is the most common option (in comparison with the sale of its share and room). Peculiarities:

1. Number of owners. Sometimes the selling party does not represent one person - there may be several homeowners. Each of them must give their consent to the sale of the apartment. In this case, the owners personally sign the contract in the presence of all parties to the transaction.
2. Housing burden. It is better to check its availability before signing the contract.
3. Minor children.- the procedure is complicated. This is due to obtaining permission to conduct a transaction from the supervising body of guardianship and trusteeship.
4. Taxation. The tax is levied on real estate owned for less than five years (less than three years in case of donation, privatization, contract of lifelong maintenance with dependent).

In addition, you can buy an apartment:

• in the secondary real estate market;
• in a new building;
• in a building under construction.

In each of these cases, the execution of the contract is an integral part of the conclusion of the transaction. However, it is important to take into account that there is obviously no housing encumbrance in a new building, which means that there are significantly fewer risks when buying.

If the apartment is not new, there is a likelihood of buying a home "with a trailer". Therefore, it is possible to correctly buy an apartment on the secondary market only if all documents are thoroughly checked.

Purchase and sale of a share in an apartment

Selling a share in an apartment is not so common. They are the least sold on the real estate market. This is due to low demand and the lack of a large number of offers.

Many do not risk buying a share, because in this case, the new owner will have to share the living space with strangers. Therefore, most often the share is sold to relatives or friends.

In addition, the alienation of a share has a peculiarity: before the sale, the owner of the apartment is obliged to offer to buy out the share to other owners, the pre-emptive right to buy out which is regulated by the Civil Code. Wherein:

• The offer is made in writing. Registration with a notary is not required, but in some cases it can serve as a significant legal aid. In addition, it is better to send the document by mail with a receipt confirmation and an inventory of the contents.
• In case of refusal or no response within a month, the owner of the share has the right to sell it to third parties.

Sale and purchase between relatives

Buying and selling an apartment between relatives is a rarity. Most often, alienation occurs through donation or the drawing up of a will.

However, if citizens decide to make such a transaction, the following nuances should be considered:

1. The need to pay tax on the cost of housing (if the apartment has been owned for less than five years and costs more than 1 million rubles). Many go for a trick and indicate an amount significantly lower than its real value. However, the tax authority monitors transactions. If the specified amount is lower than the market and clearly underestimated, the tax will be increased, as well as an obligation to pay penalties.

Note. At the same time, it will not be possible to obtain a tax deduction, since Article 220 of the Tax Code states that in order to receive it, the buyer must not be a relative of the seller.

1. Property division... If the apartment was purchased by a married citizen, the purchased housing will be considered joint property. Accordingly, upon divorce, it will be divided between the spouses.
2. The formality of the transaction. Often, housing between relatives is sold under a sale and purchase agreement without actually transferring money, and one of the parties continues to live in the apartment by agreement. But it is worth remembering that if the new owner decides to evict a relative, he will be able to do this without hindrance, the law will be on his side.

Timing

When selling an apartment, the terms for the implementation of the contract are negotiated by the parties. The interval between the signing of the preliminary contract and the main one can be different. Contractors independently set its duration.

However, when registering ownership of the apartment, the new owner of the apartment should be aware that the state body determines its own terms for carrying out the procedure. Its duration is:

• in Rosreestr - ten days;
• at the Multifunctional Center - up to seven days.

Requirements for the content of the contract

The essential terms of the purchase and sale agreement are its subject matter and the price of the apartment. This means that without specifying this information, the contract will be considered non-concluded.

Residential premises are considered as a subject - its area, parameters, location. The price is indicated real, the one for which it will be sold. Intentional reduction or overestimation of the cost is not allowed if the apartment is actually sold at a price lower than in the contract.

Note. The contract is concluded in simple written form. It must contain the rights and obligations of the parties, as well as the terms of the transaction.

The contract also indicates:

• personal personal data of the parties (full name, their registration, date of birth, passport data);
• detailed description of the object (area, location, number of storeys, etc.);
• the cost of housing;
• no encumbrances, arrests;
• the presence of redevelopment and its design.

In addition, attention should be paid to the point about persons registered in the apartment. If available, the buyer must decide whether he is ready to buy an encumbered apartment.

The document is current for 2017.

Required documents

The documents required for the conclusion of the transaction are prepared by each of the parties. Some of them require notarization.

Documents for the seller

Table 2. Documents for registration of sale and purchase provided by the seller

Buyer documents

Table 3. Documents for registration of sale and purchase provided by the buyer

Where documents are submitted

Not all buyers know where to draw up an apartment sale and purchase agreement and where to submit documents. It can be registered in:

• Rosreestre;
• Multifunctional center.

This is a mandatory step, without which the transfer of ownership will be impossible.

What you need to check before concluding a deal

Before concluding a sale and purchase transaction, a check is required:

• the seller;
• authenticity of documents;
• the presence of encumbrances in the apartment.

Checking the owners of the apartment and the seller

An important step before making a deal is to check the seller of the property. This requires:

1. View the seller's passport, make sure it is authentic.
2. Find out about the number of apartment owners, as well as the basis for its acquisition. The specified information is provided in Rosreestr.

Note. If the apartment has been inherited by the seller, you should ask the notary about the presence of other heirs.

1. If the owner of the apartment and the seller are different persons, it is necessary to check the presence of a power of attorney giving the latter the right to alienate the apartment. Moreover, it must be notarized.

Authenticity of documents

The authenticity of the documents is a key point to pay attention to when buying an apartment. Forged and invalid papers can cause an illegal transaction, which will subsequently lead to litigation and invalidation of the contract.

Particular attention should be paid to the reliability of documents such as:

• the agreement on the basis of which the seller received the right of ownership (agreement of donation, purchase and sale, exchange, inheritance, etc.);
• certificates confirming the absence of encumbrances on housing (list of persons registered in the apartment);
• mortgage agreement (if the house was bought under mortgage lending);
• seller's passport.

Forgery of these documents will mean that they are trying to sell the apartment in an illegal way.

The presence of encumbrances in the apartment

An encumbrance is an imposed restriction on an apartment that exists regardless of the change in ownership. Such housing is difficult to sell. Therefore, many sellers go for tricks, keeping silent about its availability.

Note. Information on the presence of encumbrances is indicated in the extract from the Unified State Register of Real Estate (USRN).

Table 4. Types of housing encumbrances

The order of registration of the transaction

The procedure for buying an apartment takes place step by step:

1. Conclusion of a contract and its registration.
2. Transfer of the apartment.
3. Payment.

Conclusion of a contract

The conclusion of the contract is an important stage in the transaction. Before signing it, all the essential conditions affecting the order and cost of alienating an apartment are discussed.

At the initial stage, the seller and the buyer draw up a preliminary agreement in which they agree on the terms of the sale and its amount. This document is a kind of "booking" of the purchased apartment, expressing the intention of the parties to conclude an agreement.

After that, the seller prepares the documents, the text of the main contract is drawn up. This procedure should be treated with extreme caution. Any errors and inaccuracies in the contract may have legal consequences in the future. This is especially true of the item on the cost of housing.

Note... Many sellers are tricky and insist on specifying a lower price in the contract. The argument is the seller's unwillingness to pay tax. However, you should not agree to such conditions - in case of termination of the contract, the buyer will be the injured party. In court proceedings, it will be difficult to prove that he paid more. Most likely, he will be refunded the amount specified in the contract.

After drawing up the contract, the parties are engaged in signing it. At the same time, all participants in the transaction must be present at the time of the endorsement.

Transfer of the apartment

The transfer of the apartment is carried out by signing a deed of transfer. In fact, it means that the buyer has no complaints about the condition of the apartment, and also confirms the fact that the keys and documents for the purchased housing have been handed over.

Transfer act:

1. Done in simple writing.
2. Filled in free form.
3. Does not require notarization.
4. Contains information about the condition of the housing, its address, as well as the date of compilation, personal data of the parties and their signatures.

Note... The deed of transfer should be signed after the registration of ownership of the apartment. This will ensure that the documents are registered and not returned for revision.

Transfer of money

After the signing of the contract and the deed of transfer, as well as registration with Rosreestr, the final stage is carried out - payment.

You can pay for an apartment in one of the following ways:

• safe deposit box;
• cashless payments;
• bank account.

The first method is the most popular. Payment is legal and secure.

Note... When calculating, you should take a receipt from the seller about the receipt of money by him. The document is drawn up in free form and is a confirmation of payment.

State registration of the transfer of rights to an apartment

Registration of the transfer of ownership of an apartment is a mandatory component of transactions in the alienation of housing. In its absence, the sale will be considered unfulfilled, and the buyer will not become the actual owner of the apartment. But not everyone knows where to draw up a contract.

For the registration procedure, you must submit documents to Rosreestr or the Multifunctional Center. But at the same time, the registration of the sale and purchase of an apartment in the MFC is faster - within a few days.

The documents

Table 5. Documents required for registration of ownership

In what cases can be refused

The reasons for refusal can be very different. As a rule, this is a failure to present one of the required documents.

Table 6. Frequent reasons for refusal to register property rights in Rosreestr

Nuances

A purchase and sale transaction has its own nuances that should be taken into account when concluding it.

Possible risks when buying an apartment

The main risk is concluding a deal with a fraudster. In this case, the only solution is legal proceedings. However, it is not always possible for deceived buyers to defend their rights in court. Therefore, you should consider the possible risks:

1. Violation of the rights of minors... Before making a deal, you must make sure that children under 18 are not registered in the apartment. Especially if they are left without parental care.
2. Violation of the rights of former spouses... If the apartment was purchased by the spouses in marriage, but was privatized in favor of one of them, the other spouse has the right to live even after the sale. In this regard, there is a risk of purchasing housing with a "permanent tenant".
3. Violation of the rights of registered citizens... Encumbrances in the form of persons registered in the apartment and having the right of permanent residence (those who refused to privatize, live under an annuity or testamentary contract, etc.).
4. Recognition of the seller as incompetent... If the seller is declared legally incompetent, the sale and purchase transaction may be void.
5. Presence of heirs... If the apartment belonged to the seller on the basis of inheritance, there is a possibility that other persons may also apply for it.
6. Cheating by the seller... Fraud is not uncommon. Before signing the contract, all documents should be carefully checked.

What you should pay attention to

The transaction is as simple and safe as possible if, before concluding it, you pay attention to:

1. Seller ID... On the website of the Ministry of Internal Affairs, you can check its authenticity.
2. The reliability of the specified address. Sometimes sellers show buyers a completely different apartment than they are selling. The location of the accommodation must match the address indicated in the statement of Rosreestr.
3. Correspondence of data from the extract of the USRN with the title document (contract of sale, donation, etc.). The information in these documents should not differ.
4. The presence of debts. They should be absent in the purchased apartment.
5. The number of sales transactions. If the owners of the home changed too often, this may indicate a "problem" apartment, which they seek to sell soon after purchase.
6. The authenticity of the power of attorney. If the transaction is concluded by power of attorney on behalf of the seller, before its conclusion, the document should be checked with a notary.
7. Low cost of the apartment. As a rule, too low prices are not unreasonable. You shouldn't trust such "profitable" offers.

New rules for the sale of an apartment

Real estate legislation does not stand still. Every year, more and more laws are being adopted aimed at regulating the process of selling housing.

Over the past couple of years, new rules have appeared:

1. Obligatory certification of the contract by a notary when selling a share in an apartment. Until that time, the procedure was carried out at the request of the parties.
2. It is also necessary to notarize documents when dividing property in marriage (marriage contract, agreement, etc.).
3. As of January 1, 2016, a 13% tax is levied on the sale of real estate owned for less than five years. Exceptions are some of the grounds for the acquisition of housing, such as: donation, inheritance, privatization, a contract of lifelong maintenance with dependents.
4. Two procedures (cadastral registration and registration of property rights) can now be carried out simultaneously. The term is 10 days.
5. The only case of refusal to accept documents is if the identity of the applicant is not established. But if the package of documents is not complete, registration will be suspended or refused.

pros

The innovations have more pluses than minuses. The legislator seeks to regulate the procedure for the sale of housing as much as possible by tightening the requirements for documents. They must be not only authentic, but also designed in accordance with the established norms. Many of them are subject to notarization.

Thanks to this, transactions have become more legally "clean", and fraudsters have less and less chances to sell their homes in an illegal way.

In addition, much attention is paid to transactions with minors. The state protects the rights of children with a vengeance, which is an undoubted plus.

Minuses

As before, the main disadvantage is the taxation of home sales. It is this condition that gives rise to many fictitious and illegally executed transactions. The situation worsened after, in January 2016, the period of ownership of the property, in which it is subject to tax, was increased to five years. These changes affected the sale and purchase agreement and did not cause approval from citizens.

Higher education. Orenburg State University (specialization: economics and management at heavy engineering enterprises).
September 19, 2017.

In the modern world, real estate transactions are becoming more and more frequent in the life of every person - this is the purchase / sale of real estate - apartments, houses, land plots, donation and receipt of a gift, inheritance and other transactions.

Having made the decision to sell the apartment, as well as having collected the necessary amount, and deciding to buy an apartment, everyone faces the question - what to do next.

In this article, we will consider the main stages (steps) when making the above with your own money (without attracting a loan).

Purchase and sale of real estate WITH OWN funds (without attracting a loan)

General scheme:

You can read how to buy or sell real estate to a non-resident.

For the BUYER:

A) Before the start and to facilitate subsequent searches, you need to decide what name do you want, namely:

- District(metro station), which are preferable for you (including distance from the metro);

Quantity rooms in the apartment;

Preferred floor where the apartment should be located;

Number of storeys and constructive houses (what the house is made of - brick, panel, block, year of construction);

Apartment requirements for finishing(renovated, not renovated, not finished);

- View from windows(including the side of the world);

- Infrastructure district (kindergartens, schools, shops, etc.);

Willingness or not to a conclusion mortgage deal;

Other individual requirements.

B) Independently or through a purchase and sale support company that provides services for the selection of apartments (real estate agency), taking into account the wishes and financial capabilities of the specified parameters start searching for an apartment... In both cases, the search for an apartment is a rather difficult procedure and will require time and effort from you to travel to view the pre-selected options.

To facilitate the task, we give you the most complete databases for information on real estate for sale in the housing market. These are such well-known companies as Realty and Prices (realty.dmir.ru), Avito (www.avito.ru), Kvadrum (kvadroom.ru), CIAN (cian.ru) and Iz ruk v ruki (irr .ru).

G) You have finally found the apartment of your dreams and the most crucial moment is coming - exit to a deal... You can read about the intricacies of concluding a sale and purchase agreement and support of purchase and sale transactions .

It usually takes place in two stages:

1) Conclusion with the condition of making an advance or . The main difference between an advance and a deposit is that if one of the parties refuses to enter the transaction, the advance is subject to return, and the amount of the deposit is not returned (or doubled if the seller has decided for some reason to sell his property on conditions of the preliminary agreement already concluded). When concluding a preliminary contract for the purchase and sale of an apartment, you should familiarize yourself with original documents for the apartment(a certificate of the right to property, an agreement on the basis of which the apartment was acquired by the seller, with a deed of transfer, etc.). In addition, at this stage, it is necessary to determine the bank in which you will make the transaction, and also pay attention to the amount that will be indicated in the agreement (it must match).

2) After the preliminary conclusion, it is necessary to carry out additional. For this you need:

Receive an extract from Rosreestr, which will indicate that there are no restrictions / encumbrances and claims):

Request an extract from the house book (preferably archived) to check all persons registered in the apartment;

Request an extract from the financial and personal account about the absence of arrears in the payment of utility bills;

Request a certificate from drug addiction and neuropsychiatric dispensaries and make sure that the seller is not registered;

Make sure that no redevelopment has been made in the apartment, and if it has been done, then request and receive the appropriate documents (permission for redevelopment, an act of approving redevelopment, technical passport (cadastral) for the apartment.

At this stage, nuances may appear that can affect both the price of the apartment and the very conclusion of the transaction. Such moments include - registration of the seller in one of the dispensaries, temporary discharge of persons from the apartment (to the army, to places of imprisonment, etc.), technical errors in the register (lack of marks on the removal of encumbrances), violation of the rights of minors, etc.

3) If the verification was successful and you are ready to conclude a transaction on the date specified in the preliminary agreement, you together with the seller book a safe deposit box at the bank, or determine for subsequent calculations, prepare and agree with the seller the text of the agreement and the procedure for submitting it for state registration, and also draw up with a notary declaration of civil status(in case you are not married) or your spouse is (also notarized). If the state registration is carried out by your authorized representative, then - a notarized power of attorney for registration.

4) On the appointed day, you and the seller meet at the bank or in any place convenient for you and you sign and, then, you check the banknotes and "bookmark" the money for the transaction. At the same time, the seller writes you a receipt for the receipt of money, which remains with him until the state registration of the contract. The key to the cell remains with you and is transferred to the seller after state registration in exchange for a receipt. The act of acceptance and transfer of the apartment and keys is signed either after the state registration of the contract, or at the time of signing the contract - depending on the wishes of the parties and the requirements of the Rosreestr branch. Be careful when signing the deed - inspect the apartment carefully in order to avoid discovering later hidden defects.

In case of opening letter of credit, You send money to the issuing bank (in which you have an account and the money is located) and give an order to transfer money to the executing bank (which will issue money to the seller after registering the transaction)

5) (the state duty is paid through the bank or through the terminals that are installed in the branches of Rosreestr). After 2-4 weeks, the right is registered and you receive your set of documents for the apartment.You can read about the state registration of the contract and the right to an apartment

6) Signing apartment transfer and acceptance certificate(if it is not signed at the time of signing the contract) and receiving the keys to the apartment.

After all of the above You become the full owner of the apartment with the right to register at the location of their property, as well as register their family members. At the same time, it is necessary to remember the need to submit copies of documents to the management company serving the house (or HOA) or a single settlement center.

For the SELLER:

If you decide to sell your property, let us dwell on the main stages that you have to go through:

1) Verify, is that all apartment documents you have to complete the transaction. This is a certificate of the right to property and the documents on the basis of which this property was acquired (this is a sale and purchase agreement, an investment contract, a donation agreement, a certificate of inheritance, a marriage contract, etc.)

2) Estimate the cost of the apartment for the current market. This will help you to do a real estate agency specialist in support of purchase and sale transactions. As a rule, such services are provided by agencies free of charge. You can also independently conduct an assessment based on market offers presented on Internet sites, such as "Real Estate and Prices" (realty.dmir.ru), Avito (avito.ru), Quadrum (kvadroom.ru), Slando (slando .ru), CIAN (cian.ru) and From Hand to Hand (irr.ru) and others. We draw your attention to the importance of indicating the real price of the apartment in the contract. You can familiarize yourself with the possible consequences of non-compliance with this condition. .

3) To give maximum number of ads on the Internet, in newspapers (including local ones), as well as post (if possible) an advertisement on the windows of the apartment and answer received calls.

4) After you have found a potential buyer, you conclude with him at the initial stage a preliminary . At this stage, you need to be careful, since it is in the preliminary agreement for the purchase and sale of the apartment that all the essential conditions of the purchase and sale transaction are indicated. At the same time, you need to make a decision - whether you take an advance payment or a deposit (if the demand for an apartment is low, it is more profitable for you to conclude a preliminary contract for the purchase and sale of an apartment on the condition of receiving a deposit, and if the buyers' interest in the apartment is great, it is more profitable for you to take an advance payment, which can be returned without loss by refusing to conclude the main contract of sale).

5) Withdrawal from registration... This stage, by agreement with the buyer, can be performed both before and after the state registration of the contract. If necessary, at this stage it turns out .

6) Obtaining the documents necessary for the buyer- certificates from the narcological and neuropsychiatric dispensaries, the consent of the spouse to make transactions, extracts from the house book, extracts from the financial and personal account, the technical (cadastral) passport for the apartment (if necessary).

7) Coordination of the text of the main contract with the buyer, booking cell(or negotiation of conditions letter of credit) in the bank in which the transaction is planned.

8) Exit to the deal. You sign a contract of purchase and sale of an apartment at the bank or any place convenient for you, at the bank's cash desk, check the bills for authenticity (in the case of cash payments) and carry out "Depositing" money in a safe deposit box... The key remains until the state registration of the contract with the buyer. At the same time, you write a receipt for the receipt of money under the contract, which remains with you and is transferred to the buyer only after the state registration of the contract in exchange for the cell key. Access to the cell is carried out by you upon presentation of the key to the cell, a passport and a registered apartment sale and purchase agreement (in a number of banks, additional documents are required).

In case of implementation settlements under a letter of credit, The buyer sends money from the issuing bank (where he has an account and the money is) and to the executing bank - your bank. After registering the transaction and upon presentation of the documents specified by you and the buyer, the bank issues the money.

9) Documents are submitted for state registration(the state duty is paid through the bank or through the terminals that are installed in the branches of Rosreestr). After 2-4 weeks, the right is registered and you receive your set of documents for the apartment to be presented to the bank and receive money. You can read about the state registration of the contract and the right to an apartment

10) Signing (if it is not signed at the time of signing the contract) and the transfer of keys from the apartment.

11) In the event that the apartment remained registered persons, carry out all actions for removing them from registration.

If at any stage you encounter a difficult situation in support of the purchase and sale transaction, our specialists will always be happy . You can download standard forms of documents for the transaction for free .

28.01.13

Podozerskaya N.A.

Sale and purchase agreement for an apartment on the secondary market

The purchase and sale agreement is a document that regulates the parties of the seller and the buyer for the right to own and use real estate. The secondary housing market is real estate already owned.

Requirements for an apartment on the secondary market when buying

Buying an apartment on the secondary market requires certain conditions. The property must be privatized. Non-privatized housing is considered by law to be municipal property, and people living in it are tenants. Such property cannot be sold under a contract. The only way to make a profit is through an exchange.

Acquired mortgage property must have liquidity, i.e. be in demand in the market. Also a prerequisite is the presence of a kitchen and a bathroom separate from other residents of the house. Otherwise, the approval of the selected living space by the bank may be difficult.

The procedure for drawing up a sales contract

The procedure for the purchase of an apartment in the secondary market certified by a notary or without him. Notarization, although preferred, is optional. Making a purchase without a notary is less expensive, but it has certain risks.

The notary office establishes and checks the persons participating in the offer for compliance with the legislation. In this case, the authorized person is the guarantor of the legal transaction.

The contract of purchase and sale of an apartment must contain the following information:

• Passport data of the participants in the legal relationship.
• Description of the object in question, the address of the apartment, its area.
• The list of documents certifying the eligibility of owning a home from the owner.
• Place and date of the transaction.
• Real estate value in numerical and letter format.
• Legal responsibility of the parties.
• The procedure for the transfer of ownership.
• Signatures of the parties with full name.

Procedure for registration of the transfer of ownership rights

Registration rules:

1. Collecting the necessary documentation. Depending on the algorithm of actions and the characteristics of the privatization of housing, the list of documents may be different.
2. Preparation of an application to a government agency. A notarized document is submitted by a representative from a notary office. In a reciprocal transaction, two written statements are submitted from the buyer and the seller.
3. If certain requirements are not met, an additional package of documents is collected. For example, a seller or a surety agreement.
4. One-time payment of state duty. It is different for individuals and legal entities. Regulated by the Tax Code of the Russian Federation.
5. Submission of an application with a package of documents to the registration authority. In the application procedure, the registering authority must add an entry to the ledger and assign a sequential incoming number.
6. Receipt of a receipt from the registering authority on the commencement of office work. The date of receipt of the application, a list of the documentation provided, the number of sheets in each act, details, the number of the account book and the assigned number for office work should be noted here.

List of required documents

According to the procedure for buying an apartment in the secondary market, the parties will need the following documents:

• Application for registration (for a notarial transaction - one from a notary, for a mutual transaction - two, from each of the parties).
• The deed for the apartment (purchase agreement, deed of inheritance, court verdict).
• (extract from the house book).
• Certificate from communal structures about the presence of debt.
• Spouse's notarized agreement.
• Check for payment of state duty.
• Written permission from the guardianship authorities (in case of participation in the offer of minors and incapacitated persons).
• Copies of constituent documents (in case of participation of a legal entity).
• Written consent of the bank (when buying an apartment under a mortgage).

The procedure for transferring money for an apartment

Risks associated with buying an apartment on the secondary market

Secondary housing is not new and may not correspond to the required technical condition. Also, housing, at least had more than one owner, who may have applicants for the division of property. Many unpleasant nuances can emerge. Consider common risks when buying an apartment on the secondary market:

• The housing being purchased has been seized or pledged. To avoid a problem, you should go to the Federal Registration Service (FRS) and make a request.
• Third parties are registered at the address of the apartment or there are heirs. The heirs may not necessarily be with the seller, but those who claim the inheritance of the former owner, or who are in prison and abroad. Safeguard Against Risk: Make a statement to the Federal Reserve and Law Enforcement Agencies.
• Unsatisfactory condition of housing. During the initial examination, the client did not see any cracks behind the wallpaper and ceilings. Cancellation of the transaction is possible only in court.
• Debts. you should ask the seller for a certificate from the tax service and an extract about the absence of debts in the communal organization.
• Housing for demolition. The purchased apartment is located in an emergency building, which requires reconstruction or demolition. Check with your local city office for renovation plans for your home.
• Uncertainty in notary costs. Before concluding a transaction, it is necessary to determine in advance who will bear the financial burden for paying notary services, paying state fees and similar expenses.

An example of the order of buying and selling an apartment on the secondary market

When buying an apartment on the secondary market, it turned out that the apartment has debts for the utility sector and the property is divided into four. Spouses have two shares, and minor children have two.

The seller - the realtor represented the interests of the wife, whose husband is imprisoned. The documents for the apartment were in order, and at the initial stage, permission from the spouse and the guardianship department was required.

There were no problems with the imprisoned spouse. The wife received from him a power of attorney for the right to re-register. On the basis of this power of attorney, the spouse was discharged from the apartment being sold.

As for minor children, the guardianship department ordered them to provide them with equal shares of the cost of the housing being sold. The children's mother received the consent of the guardianship authorities to register them elsewhere. She also pledged to transfer to the children's accounts half of the amount of the sale of the apartment in equal shares.

After collecting the necessary documentation and submitting an application for registration of the purchase and sale transaction, the apartment was successfully re-registered. As for the debt for utility bills, it automatically remains with the former owners. The new owner is legally obliged to pay for utilities from the date of acquiring the rights to real estate.

Conclusion

It is necessary to carefully choose an apartment among the vast housing market. Pitfalls are possible not only in the technical condition, in the legal component of the "cleanliness" of the acquired housing, but also at any other stage of the order of buying an apartment in the secondary market.

In conclusion, you should give the basic advice on the order of buying and selling housing in the secondary market:

• drawn up between the seller and the buyer. The intermediary of the relationship can be a realtor - a real estate agency. The preparation of the contract can be independent or through the work of a notary office.
• The property to be purchased must be.
• Procedural relations are regulated by the Civil Code of the Russian Federation, in accordance with this, any issues are resolved through the judicial authorities.
• When concluding a transaction, you need to monitor the authenticity of the details and passport data of both parties.
• According to the Civil Code of the Russian Federation, the contract comes into force from the moment of registration. Until the moment of registration, the payment of money is fraught with financial fraud.
• It is better to record the transfer of money on a camera in front of witnesses, and also use the service of a third party - a bank.
• When submitting an application to the registering authority, you are required to issue a receipt with a complete list of accepted documents and the assigned office work number.
• Before submitting an application, you should make sure that the apartment is legally “clean”. For this, you need to contact government agencies to provide detailed information.

There are many nuances of competent execution of the purchase and sale transaction. If you have time and knowledge, you can rely on your own strength. If there is uncertainty, then you should seek help from a law firm.