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Agreement for the sale and purchase of an apartment on the secondary market

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

Requirements for an apartment on the secondary market when purchasing

Buying an apartment on the secondary market requires certain conditions. Real estate should be privatized. Housing that has not been privatized is considered by law to be municipal property, and the people living in it are tenants. Such property cannot be sold under a contract. The only way to make a profit is through exchange.

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

Procedure for drawing up a purchase and sale agreement

Procedure for registering the purchase of an apartment on the secondary market certified by a notary or without it. Notarization, although preferred, is not required. Making a purchase without a notary requires fewer expenses, but has certain risks.

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

The purchase and sale agreement for an apartment must contain the following information:

• Passport data of participants in the legal relationship.
• Description of the object in question, address of the apartment, its area.
• List of documents certifying the owner’s competence to own housing.
• Place and date of the transaction.
• Real estate value in numerical and alphabetic format.
• Legal responsibility of the parties.
• The procedure for transferring property.
• Signatures of the parties indicating their full names.

Procedure for registering the transfer of ownership rights

Rules for registration:

1. Collection of necessary documentation. Depending on the algorithm of actions and features of housing privatization, the list of documentation may vary.
2. Preparation of an application to a government agency. A notarized document is submitted by a representative from a notary office. In case of a mutual 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 guarantee 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. Submitting an application with a package of documents to the registration authority. During the application procedure, the registration authority must add an entry to the account book and assign an incoming serial number.
6. Receiving a receipt from the registration authority about the start of office work. The date of receipt of the application, the list of documentation provided, the number of sheets in each act, details, account book number and assigned number for office work should be noted here.

List of required documents

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

• Application for registration (for a notarial transaction - one from the notary, for a mutual transaction - two, from each party).
• Deed for the apartment (purchase agreement, inheritance deed, court verdict).
• (extract from the house register).
• Certificate from utility structures about the presence of debt.
• Notarized agreement of the spouse.
• Receipt for payment of state duty.
• Written permission from the guardianship authorities (in case of participation of minors and incapacitated persons in the offer).
• Copies of constituent documents (in case of participation of a legal entity).
• Written consent from the bank (when purchasing an apartment with a mortgage).

Procedure for transferring money for an apartment

Risks associated with purchasing an apartment on the secondary market

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

• The property being purchased has been seized or is in collateral. To avoid this problem, you should go to the Federal Registration Service (FRS) and make a request.
• There are third parties registered at the apartment address or there are heirs. The seller may not necessarily have heirs, but those who claim the inheritance of the former owner, or who are in prison and abroad. Protect yourself from risk: make an extract from the Federal Reserve and law enforcement agencies.
• Unsatisfactory condition of housing. During the initial inspection, the client did not see cracks behind the wallpaper and ceilings. Termination of the transaction is possible only in court.
• Debts. You should ask the seller for a certificate from the tax service and a statement about the absence of debts from the utility organization.
• Housing for demolition. The apartment being purchased is located in a dilapidated building that requires reconstruction or demolition. You should check with your local city government about renovation plans for your home.
• Uncertainty in notary costs. Before concluding a transaction, it is necessary to decide in advance who will bear the financial burden of paying for notary services, paying state fees and similar expenses.

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

When purchasing an apartment on the secondary market, it turned out that the apartment had debts for utilities and the property was divided into four. Two shares for spouses, two for minor children.

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

There were not many problems with the imprisoned spouse. The wife received a power of attorney from him 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 obliged to provide them with equal shares of the cost of the housing being sold. The children's mother received consent from the guardianship authorities to register them in another place. She also undertook to transfer half the amount of the sale of the apartment to the children’s accounts in equal shares.

After collecting the necessary documentation and submitting an application to register the sale and purchase 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 required by law to pay utility bills from the date of acquisition of rights to the property.

Conclusion

You need to carefully select an apartment from the vast housing market. Pitfalls are possible not only in the technical condition, in the legal component of the “purity” of the purchased housing, but also at any other stage of the procedure for purchasing an apartment on the secondary market.

In conclusion, we should provide fundamental tips on the procedure for buying and selling housing on the secondary market:

• drawn up between the seller and the buyer. The intermediary of the relationship can be a realtor - a real estate sales agency. Preparation of the agreement can be done independently or through the work of a notary office.
• The property being 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 ensure the authenticity of the details and passport data of both parties.
• According to the Civil Code of the Russian Federation, the agreement comes into force from the moment of registration. Before registration, payment of money is fraught with financial fraud.
• It is better to record the transfer of money on camera in front of witnesses, and also use the service of a third party - a bank.
• When submitting an application to the registration authority, you must be given a receipt with a complete list of accepted documents and the assigned case number.
• Before submitting an application, you should make sure that the apartment is legally “clean”. For this, you must contact government authorities to provide detailed information.

There are many nuances to the proper execution of a purchase and sale transaction. If you have time and knowledge, you can rely on your own strength. If you are unsure, you should seek help from a law firm.

Selling an apartment independently allows the seller to personally control every stage of the sale, from finding a buyer to the process of completing the transaction, and significantly save on the services of a realtor.

However, at the same time, the independent sale of residential premises is a rather labor-intensive process that takes a lot of time and requires knowledge of the basic legislation relating to the purchase and sale of real estate and compliance with certain precautions.

Otherwise, the sale of the apartment may be delayed or even lead to adverse consequences for the owner of this residential premises. Therefore, it is recommended that you first evaluate your knowledge and strengths and weigh the pros and cons of selling yourself.

If you nevertheless decide to sell your home yourself, then you need to approach this process with maximum responsibility in order to avoid problems in the future.

So, what do you need to do to sell an apartment yourself?

Step 1. Preparing the apartment and all necessary documents for sale

Very often, it is the preparation of documents for sale that is the most labor-intensive and time-consuming process. However, the owner of the apartment, who has a set of documents ready for sale, will be able to complete the purchase and sale of housing in the shortest possible time. That is why the collection of documents must be taken with full responsibility.

Not only the speed of sale and registration, but also the legal purity of the transaction, and, possibly, even the price of the apartment will depend on the correctness and completeness of the set of documents required to complete a transaction for the sale of residential premises. Not all buyers will agree to wait several weeks until the seller collects all the necessary documents for the apartment.

To collect a complete set of documents, it is better to contact a lawyer or the registration authority. Competent specialists will help you compile a complete list of all documents for selling an apartment so that nothing is forgotten and the seller does not have to collect additional documents in the future.

The correctness of all documentation is also of great importance, as an incorrectly executed document can lead to a refusal to register a purchase and sale transaction, and, ultimately, significantly increase the time of selling an apartment. Therefore, again, it would be better to first clarify the requirements of the registering authority for a particular document.

In addition, you should carefully check that all documents are filled out correctly. All data specified in the technical documentation for the apartment and other documents must completely coincide with reality. Documents that will be subsequently submitted to the registration authority must contain only reliable data and be filled out legibly, without corrections or erasures.

Required set of documents

1. Certificate of registration of title to the apartment being sold or other title document confirming the owner’s right to housing.

2. Passports or other identification documents all apartment owners, including birth certificates of minor children who do not yet have a passport.

3. Cadastral passport from BTI(or technical passport) for the apartment.

4. Marriage certificate and spouse's consent(or spouse) for the sale of an apartment, certified by a notary. This consent is not required if the apartment is not legally the joint property of the spouses.

5. Permission from guardianship authorities, if the owner of the apartment being sold is a minor.

6. Extract from the house register, reflecting information about all persons registered in the apartment. This statement is valid for a fairly short period of time, so it makes no sense to take it in advance. This document can be obtained immediately before registering the rights of the new owner, when a buyer is found and all other documents are in hand. The same applies to a certificate of absence of debt on utility bills, which will also be required when selling an apartment.

Depending on the specifics of a particular purchase and sale transaction, other documents may be required, the list of which is best clarified in advance.

Preparing an apartment for sale involves not only improving the presentation of the living space being sold, but also freeing it from residents. It is much easier and faster to sell an apartment from which all the tenants have already been evicted, since they will still have to be evicted before the apartment is sold. Vacant apartments are more valuable in the housing market.

Step 2. Finding a buyer

At this stage, the apartment owner will have to evaluate his apartment, having previously studied the real estate market, and find a buyer.

Step 3. Drawing up a preliminary purchase and sale agreement

A preliminary purchase and sale agreement gives the seller a certain guarantee that the buyer will not change his mind about purchasing the apartment, and the buyer that the owner will not sell it to someone else. At the same time, the seller receives an advance or deposit for the apartment from the buyer, which is also fixed in the preliminary agreement.

A deposit agreement or advance payment agreement has similar legal force, which can be concluded instead of a preliminary purchase and sale agreement when the seller and buyer agree on all the terms of the main transaction.

When drawing up these documents, the seller should keep in mind that in civil law there are significant differences between an advance and a deposit. Therefore, it is very important to use the correct legal terminology in a contract or agreement in order to avoid certain difficulties in the future. In the event that the sale of an apartment is canceled for any reason, the advance payment is fully returned to the buyer.

If the parties agreed to make a deposit, unilateral refusal to complete the transaction will lead to the payment of penalties by the guilty party. If the seller refuses to sell the apartment, he is obliged to return the deposit to the buyer in double amount. If the purchase and sale transaction did not take place due to the fault of the buyer, then the deposit remains with the seller.

A preliminary contract for the purchase and sale of a property is drawn up in any form. The contract specifies the passport details of both parties (or legal details if the contract is concluded with a legal entity), the addresses of the parties, the description and address of the apartment being sold, the period of obligation, the amount of the advance or deposit. The contract is dated and signed by the parties.

Step 3. Payments for the apartment

When making a real estate purchase and sale transaction, payments can be made at the time of conclusion of the transaction or at the time of signing the acceptance certificate of the apartment, both using cash and non-cash payments.

However, it is much safer and smarter, especially when independently selling an apartment by an individual, to make payments for the apartment through a safe deposit box.

This operation guarantees that the seller, after completion of the transaction, will receive the agreed amount for the apartment, and the buyer will be able to exercise his ownership of the purchased apartment after transferring funds.

Money, under the control of a bank employee, is deposited by the buyer into a safe deposit box. Before putting money into a cell in a special room, the seller can count and check the money. You can also check the authenticity of money at the bank itself for a fee.

After verification, the money is placed in a special bag and sealed. Signatures of both parties are placed at the gluing site. This procedure ensures that the integrity of the package is maintained while the money is in the bank.

After completing the transaction for the sale of housing and registering the buyer’s ownership of the apartment that is the subject of the transaction, the seller will be able to receive money from the bank.

Step 4. Concluding an apartment purchase and sale agreement and registering the rights of the new owner

The agreement is drawn up in simple written form or certified by a notary. If you have never dealt with the preparation of legal documentation, then, of course, it would be wiser to draw up an agreement with a notary or at least seek advice from a professional lawyer.

In any case, when drawing up an agreement, please pay attention to the fact that in addition to the mandatory details of the parties, the agreement must correctly indicate:

• apartment price;
• address and technical description of the apartment, which completely matches the data of the cadastral passport;
• method and period of transfer of money to the seller;
• distribution of costs for processing a transaction;
• the period during which the seller must vacate the apartment and transfer it to the buyer;
• terms and procedure for signing the transfer and acceptance certificate of the sold apartment.

After signing the agreement by both parties, you need to contact the registration authority at the location of the apartment and go through the mandatory registration procedure.

Purchasing a home is a very complex and responsible task that requires careful consideration of every moment, be it choosing a seller or preparing documents.

Each step must be taken without haste and rely on the support of qualified specialists in the field of real estate issues.

Real estate prices in Russia are high and subject to constant fluctuations. Therefore, you immediately need to determine which apartment and the size of the living space you can apply for with the available amount.

It is better to make any purchase with your own own funds. An alternative is the accumulation of money in a bank account, income from the sale of real estate, a car, etc.

Those who do not have personal money for a large purchase have to resort to lending, which is often the only way to gain your own square meters.

For example, a salary of 20 - 30 thousand rubles is already enough to obtain a loan of 1.5 million rubles. For this amount in most cities you can buy a one-room apartment, or even a two-room apartment.

Purchasing housing through realtors

The traditional way to find a suitable option has long been the media. But advertisements in the newspaper or on television never conveyed the most necessary information - who is the owner, who is registered in the apartment, whether it has apartments.

Currently, an increasing number of buyers are turning to services real estate agencies.

Even in small towns you can find similar offices and ask for support directly. In addition, agents place advertisements about their services on the Internet on specialized websites and bulletin boards of information portals.

When choosing an agency, it is better to consider several options and choose the best one.

A conscientious company, as a rule, is characterized by the following features:

The company takes on many tasks, which greatly simplifies the process.

But the agency, as an intermediary, charges a certain amount for its work. For different companies it ranges from 2% to 5% from the market value of the apartment.

Verification of apartment owners and seller

This step must be approached with great care, since due to the imperfections of Russian legislation, there is a possibility of becoming a victim of fraud.

Cases are not uncommon forgery of documents when, after completing a transaction, it turns out that the seller and the real owner are completely different persons.

The violation of the law may be very old and may not be revealed immediately. This further aggravates the problem, because if such facts are discovered about the illegal actions of past owners, there is a risk that the purchase and sale transaction will be declared invalid, and bona fide buyers will be evicted from the apartment.

Only specialists can effectively perform such a check, but you need to know what can affect the concluded contract:

1. Deviations in the mental and physical health of the seller (alcoholism, drug addiction, age-related and neurological diseases).
2. Lack of legal grounds for owning an apartment (fake certificate of ownership, fake power of attorney for the right to dispose of the apartment, etc.).
3. The presence of several property rights holders, including minors.
4. The owner has problems with the law (is wanted, under investigation, serving a sentence in prison).
5. Availability (mortgage, seizure of property, penalties).

Verification of documents confirming ownership

Real estate agency specialists, together with the buyer, must check:

The certificate confirms a person’s ownership of the property, and it also indicates on the basis of which title document it was issued. Only after receiving this certificate can you dispose of your property.

Checking for encumbrances

In this area, encumbrances are usually called restrictions on transactions with real estate. These restrictions are related to rights of third parties. In other words, some individuals and organizations may have property claims to the residential premises being sold.

To obtain it, you must prepare a package of the following documents:

1. Application for registration of property rights.
2. Purchase and sale agreement or other title document.
3. A document confirming payment of the state duty.

This can be done in person by presenting your passport, or using an electronic form or by mail.

Documents submitted in electronic form must be confirmed by the electronic signature of the applicant. In the case of mail, the application and the accompanying documents of title, including a copy of the passport, must be notarized.

Within 10 days after all documents are received by the authorized body, the state registration procedure is carried out, after which the owner of the residential premises receives the appropriate certificate.

In an interview, a professional lawyer explains in detail the procedure for concluding an apartment purchase and sale transaction. It talks about possible nuances, difficulties and fraud schemes when making real estate transactions.

The article talks about the procedure for buying and selling an apartment, changes in the legislative framework for purchase and sale transactions, and what exactly has changed. What is a purchase and sale agreement and how should it be drawn up? Everything about registering a transaction, what is necessary for this, where to apply for documents and registration.

Since March 2013, a new legislative act “On Amendments to Chapters 1,2,3,4 of Part I of the Civil Code of the Russian Federation” began to be applied. Based on this, changes have occurred in the procedure for the purchase and sale of apartments and other residential premises; now there is no need to compulsorily register alienation agreements:

• Contracts for the purchase and sale of residential premises (Part 2 of Article 558 of the Civil Code of the Russian Federation),
• Donation agreements (Part 3 of Article 574 of the Civil Code of the Russian Federation),
• Rent agreements (Article 584 of the Civil Code of the Russian Federation)

But not all contracts were affected by this procedure for the purchase and sale of an apartment; as before, it is imperative to carry out the registration procedure for such contracts as:
Mortgage agreement for residential premises or other real estate (Clause 1, Article 10 of the Federal Law of the Russian Federation) Agreement on participation in shared-equity construction of a residential building.

But what is the procedure for buying and selling an apartment now?

In order for the seller to sell the apartment according to all the rules, and then not have to sue that he did not have the right to sell it, he needs to know how the sale of the apartment proceeds.

1. Drawing up a contract. But before drawing it up, both parties must exist, that is, you yourself find buyers for your property, this can be done through a bulletin board, the media, via the Internet. When the buyer likes your home and is satisfied with the price, you agree to sell it. But words are words, they can be forgotten, but what is written, signed, approved by both parties, then it can be considered a preliminary agreement for the sale of residential premises.

   The Civil Code gave a precise definition of this concept, clause 2 of Article 288 of the Civil Code of the Russian Federation: you can live in it, and it meets all sanitary requirements. Although you can live in a sanatorium, this refers to temporary residence, and we need to be permanently registered in our own housing.

   The Civil Code warns the parties to an agreement: it must be drawn up only in writing, in several copies, and the parties must sign it and exchange copies of the agreement. But before signing, every word, clause, and obligations of each party under the contract must be agreed upon. It will be better if the contract is drawn up by a professional lawyer who will take into account all the subtleties and draw it up in accordance with the requirements of the Law.

   What must be included in the purchase and sale agreement for an apartment?

   Don't know your rights?

   • There must be a complete description of the apartment, how many rooms it has, what its square footage is, location, floor, number and address. All this information can be gleaned from the title documents, everything is indicated there in detail.
   • Cost of living space.
   • A list of all citizens living in this residential area; if the apartment is sold, but they still have the rights to use it on the basis of the Law, then all this must be reflected in the contract. It is also necessary to specify all the conditions for fulfilling the contract, under what circumstances it completely passes into the possession of another citizen.
   • In addition to the contract, a mandatory condition of the transaction is the act of transferring the apartment to the buyer.
2. But that's not all, your deal, according to the Law, is not concluded. It is necessary to apply for registration of the transfer of ownership from the seller to the buyer. It is necessary to register the transaction, although there is no sales contract itself; it is after registration that one of the parties to the transaction loses the rights to the apartment, and the other acquires them. But your transaction will not be registered just like that; you need documents and grounds for registration. What do you need to prepare for your transaction registration to be successful?

   What usually needs to be attached to an application submitted for registration?

   • Submit an application of the established form, they are issued by the registration authorities;
   • Collect a package of documents specified in a special list; it can be found there, or such information is available on the official websites of Rossreestr. You can have all the documents certified by a notary office and have the other party to the transaction sign it. The registration deadlines for apartment purchase and sale transactions have been changed from 02/01/2014, if the transaction was certified by a notary before 5 days after submitting the application. Registration generally takes 7 days. Separately, it is necessary to say about the consent of the spouse to carry out the transaction: if the apartment is in common ownership, then consent is still necessary, but it is not necessary to have it certified by a notary.
   • Submit an application and documents to the authority where the real estate is located, to a representative of the registration service, this can be done by mail, by registered mail, through the government services portal or the MFC.
   • If the apartment belonged to an incapacitated person or a minor citizen, then the personal presence of a guardian is required when submitting the application. If you personally do not have the physical ability to submit an application, then you can issue a power of attorney to any citizen who agrees to do this for you. A power of attorney is required and must be attached to the application.
   • Grounds of ownership. This may be a certificate of inheritance, or another document of title. It is also photocopied and both versions are given.
   • Explication, passport and apartment plan. They are received from the real estate registration authorities, copies of these documents are made, and all are attached to the application.
   • It is necessary to provide an extract from the house register, which will indicate everyone who lives in the apartment. Two options are also prepared (See Where and how to get an extract from the house register (sample)?).
   • If a purchase and sale transaction is made under certain conditions, for example, to make cosmetic repairs, then if this obligation is not fulfilled, the transaction may be terminated.
   • When submitting an application, you must provide your civil passports and their copies.
   • A receipt for payment of the state duty, for citizens it is 1,000 rubles. It is photocopied and both versions are attached.

How can funds be transferred for the apartment being sold?

A very important point in the transaction is the transfer of money. They can be transferred in cash or sent by bank transfer, which is what our state strives for so that everything is transparent and accessible, and taxes are paid correctly.

The very fact of transferring money must be reflected in the contract, where every detail is spelled out. But the most reliable and surest way is to rent a safe deposit box ( . You need to come to the bank and conclude an appropriate agreement, which stipulates the conditions for issuing cash, for example, upon presentation of a document confirming the transfer of ownership from the seller to the buyer. It states the agreed amount and period transfers.

It can be very difficult for a common man to draw up such an agreement on his own, and in this case one cannot do without a competent specialist.

What points should you pay special attention to when buying an apartment?

If there are restrictions on real estate transactions, but the seller kept silent about this. To resolve this issue, you should make a request to the registration authorities, where there is a mandatory indication of all the restrictions imposed. This can happen if the apartment is pledged to the bank, or the person is incompetent, and the court has prohibited him from independently alienating the living space. Or if the owner is a minor citizen, and he is obliged to make transactions in the presence of his guardians, with their written permission. There are many nuances, and each case requires its own approach, which is available only to a professional lawyer.