How to buy and sell an apartment. Purchase and sale of an apartment

Acquisition of housing is a very complex and responsible task that requires careful study of every moment, whether it is the choice of a seller or paperwork.

Each step must be taken slowly and supported by qualified real estate professionals.

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

Any purchase is best made on your own own funds . As an option, this 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 get your own square meters.

For example, a salary of 20-30 thousand rubles is enough to get 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.

Buying a home through realtors

The traditional way to find a suitable option for a long time remained the media. But ads 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.

Nowadays, an increasing number of customers are turning to the services real estate agencies.

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

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

A conscientious firm is usually characterized by the following features:

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

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

Verification of the owners of the apartment and the seller

This step must be approached with all care, because due to the imperfection of Russian legislation, there is a possibility of becoming a victim of fraud.

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

Violation of the law can be very old and not immediately revealed. This exacerbates the problem even more, because if such facts about the illegal actions of past owners are discovered, there is a risk that the sale and purchase transaction will be invalidated, and conscientious 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 mental and physical health seller (alcoholism, drug addiction, age-related and neurological diseases).
  2. Lack of legal grounds for owning the apartment (fake certificate of ownership, fake power of attorney for the right to dispose of the apartment, etc.).
  3. The presence of several property owners, including minors.
  4. The owner has problems with the law (is wanted, under investigation, is serving a sentence in prison).
  5. Availability (mortgage, seizure of property, penalties).

Verification of documents confirming ownership

Specialists of a real estate agency, together with the buyer, must check:

The certificate confirms the person's ownership of the property, 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

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

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

  1. Application for registration of ownership.
  2. Sales contract or other legal document.
  3. A document confirming the payment of state duty.

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

Documents submitted to electronic form must be confirmed by the electronic signature of the applicant. In the case of a postal item, the application and the title documents attached to it, 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 tells about the possible nuances, difficulties and schemes of fraud in real estate transactions.

The basis of the alternative transaction is the simultaneous purchase of another apartment instead. Alternative transactions are the most common in the real estate market: their share is 50-70% of all transactions. After all, the most common reason for selling an apartment is the desire to improve their living conditions. For example, exchange one large apartment for several other smaller ones, or purchase housing in another area, city or larger area, with an improved layout.

The complexity of the transaction also depends on the length of the existing chain. In practice, the number of apartments in a chain rarely exceeds 4.

A net sale of an apartment without an alternative is very rare on the market. Usually they sell it this way or when a person moves to another country.

The motives for concluding an alternative transaction, as well as the forms of its implementation, can be very diverse:

  1. Moving or selling one apartment and buying two instead- the most common format for this scheme. Most often, the reasons for leaving are divorce, family disagreements between relatives, the need for children to live separately from their parents, the division of property, etc.
  2. Congress – sale of two apartments and purchase of one instead. This is the most risky type, which often fall apart at the implementation stage due to the fact that it is difficult to find a buyer for both apartments.
  3. Purchase instead of a cheaper apartment: for example, in another area or an old house, or buying an apartment in the regions instead of Moscow.
  4. Purchase in exchange for more expensive real estate: a more common option that involves improving housing conditions, for example, purchasing housing in exchange for an apartment from.

Their difference from the exchange is that they participate in these transactions, and with an equivalent exchange, the transfer of money does not occur.

The prevalence of alternative transactions is due to their advantages. The seller has minimal risks of being homeless: after all, the sale of old real estate and the purchase of a new one occur simultaneously. In a normal transaction, it may turn out that the old apartment is sold, and a lot of time will have to be spent searching for a new one. At the same time, a lot of money will have to be spent on renting an apartment, among other things, prices on the real estate market will also increase. Alternative schemes are widespread, so they are well established and safe.

At the same time, such transactions are not without certain drawbacks. They are quite vulnerable due to the inability of the parties to agree and are unpredictable in terms of timing. Also, such transactions usually charge a higher commission, which increases the cost of the procedure.

Procedure for an alternative transaction

Briefly, the procedure for concluding a real estate purchase and sale transaction is as follows:

  1. Real estate value is produced (based on comparative analysis similar offers on the market or by ordering an appraisal report from a realtor).
  2. Looking for a potential buyer for the apartment.
  3. Search for alternative real estate.
  4. Checking a transaction for .
  5. Receiving for the apartment being sold and making it for the property bought in return. Sale and purchase signing.
  6. Preparation of the necessary kit for the conclusion of the transaction.
  7. Signing. These documents are signed simultaneously with the participation of the parties of the alternative chain.
  8. If calculations are made using or , then the money is deposited in the vault or transferred to the account.
  9. There is a re-registration for apartments from sellers to buyers through Rosreestr. Documents for making changes to the USRN are submitted simultaneously for several apartments.
  10. Buyers receive in their hands from the USRN, which confirm the acquired status.
  11. Sellers should also obtain a statement indicating that they have fulfilled their contractual obligations. On its basis, they will be able to receive the money due to them from the cell or into the account.
  12. The acceptance and transfer of real estate objects is carried out through the signing of the relevant.

List of required documents

As part of the conclusion of purchase and sale transactions, real estate sellers must collect a certain set of documentation confirming the legal purity of the transaction, the compliance of the transaction with the specified terms of the contract and the existence of legal grounds for selling the apartment. The list of documentation is contained in the table.

Title of the document Where to get What is it for
Extract from USRN at Rosreestr or Confirms the status of the seller as a copyright holder, indicates the absence of an apartment that makes it impossible to conclude a sale and purchase transaction
Explication of the room / floor plan BTI Confirms compliance of the apartment project documentation and no unauthorized configuration changes
Contract of sale, donation, privatization Should be kept by the owner or be restored in in due course Confirms the legality of the origin of ownership
for a deal Signed by the seller's spouse Required when real estate is in common ownership and confirms the consent of the spouse to dispose of his shares
Extract from the financial and personal account OERITs, UK Indicates the absence of housing and communal services
Extract from Passport Office Confirms the absence of persons registered in the apartment or contains a list of registered

Additional documents may also be needed: for example, a certificate from a neuropsychiatric or narcological dispensary stating that the person is not registered there.

Also, when registering the transfer of ownership in favor of the buyer, Rosreestr will require:

  • statement of alienation of property rights from the seller;
  • statement of entry into ownership by the buyer;
  • receipt with paid in the amount of 2000 r. (the specified amount can be paid during the registration procedure or immediately after it);
  • sales contracts.

Based on the results of the state registration procedure, buyers receive an extract from the USRN, which confirms the assignment of the status of the owner to them. The issue of ownership has now been abolished.

Risks of Alternative Deals

An alternative transaction for the purchase and sale of real estate refers to complex types transactions and there are often difficulties due to the human factor. After all, this transaction has many participants and it can be very difficult to coordinate their actions. As a result, problems often arise:

  1. One of the parties to the deal(both on the side of the buyer of real estate and the seller).
  2. Among the owners are persons who were registered with the PND or drug treatment dispensary which makes them incapable of entering into a contract of sale.
  3. The presence in the apartment of persons who have the right to permanent residence in the apartment(for example, under an annuity agreement or abandoned).
  4. One of the parties will refuse to sell the apartment at the stated price. As a result, someone may not have enough money to buy an alternative.
  5. If one of the contracts does not pass the check in Rosreestr, this will result in the denial of registration of all others.

Thus, there is a high risk that, due to misunderstanding and inconsistency of actions between the parties, the entire chain may be broken and you will have to deal with the preparation of the deal and the search for an alternative again. Because of this, the entire process of buying and selling can be seriously delayed.

In order to reduce the importance of these factors, it is worth certifying the contract of sale . The notary will confirm with his signature that the transaction is legally clear, and its parties have the necessary authority to sign the contract of sale. Notarized contracts, among other things, are registered in an expedited manner.

The parties should sign the sale and purchase and pay. This makes it impossible to revise the cost unilaterally and disciplines the parties to sign the deal on the agreed terms. Otherwise, they run the risk of losing the deposit made.

Thus, alternative sales transactions involve the participation of several parties up to 7 participants. They involve the sale of one apartment in exchange for another. Alternative transactions can be implemented in a wide variety of forms: a congress, a departure, an increase in living space, etc. The transaction takes place according to a general algorithm and involves the conclusion of written sales contracts, the passage of state registration of the transfer of ownership in Rosreestr and the actual transfer of real estate.

What does the sale and purchase process include?
Most property owners and their buyers believe that for this it is necessary to draw up a contract for the sale of an apartment, and this is quite enough. In fact, it turns out that everything is not so simple!

Article updated 01/05/2020

Rosreestr does not provide a service for drawing up sales contracts
The MFC does not provide services for drafting sales contracts

There are no meeting rooms in these departments.
Third-party organizations renting premises in document reception offices and offering contract drafting services have nothing to do with Rosreestr.

You can sign a ready-made contract of sale and transfer money safely at the offices of large banks in, there are meeting rooms.

The law does not require the drawing up of a contract of sale and an act of acceptance and transfer of a property by a certified lawyer.
But it is necessary to comply with the requirements on the content of the sale and purchase agreement - it must necessarily include data on sellers and buyers, the cadastral number and address of the apartment, the purchase and sale price, the date of signing and the presence / absence of persons entitled to reside in the apartment (registered people ).

However, in some transactions, the contract of sale (SPA) of real estate is subject to obligatory certificate with a notary, and notaries do not want to accept third-party contracts, as they charge a fee for the drafting service.

The contract for the sale of real estate is not a complicated contract and the participant in the transaction can draw it up on their own by watching a video consultation from the author and receiving a modern template adapted to your conditions.

If you need complete and reliable information on the procedure for completing a sale and purchase transaction and registering property rights with detailed explanations, get benefits and consultations

The standard procedure for registering the purchase and sale of an apartment, and indeed any other real estate, includes several stages:

The first stage is the preparation of preliminary agreements

To prepare such a serious and expensive transaction as the purchase and sale of real estate, as a rule, it takes time - from several days to several weeks. Therefore, preliminary agreements on the price, procedure and terms of payment for real estate, the date of signing the main sale and purchase agreement, must be documented so that none of the parties to the transaction changes them.
If the conditions are not spelled out on paper, in 90% of cases the transaction “falls apart” due to a price increase or other significant conditions.

So, the first stage of the transaction

Before signing any documents with the seller, get reliable information about the property from the USRN. Because the .

  • signing, Deposit agreements and transfer of funds

You create these documents yourself. They are signed by the legal participants in the transaction and immediately come into force. These are important documents, the main thing is to write them correctly.

As a rule, the signing of such documents takes place in the purchased apartment and the Buyer has the opportunity to once again inspect the apartment for the absence of hidden defects and examine the original documents for the apartment and identity cards (passports, birth certificates, etc.) of the owners.

Further, usually within 1-3 weeks, depending on the situation, the presence of long-term public holidays when not working government bodies and other circumstances, a package of documents for the transaction is being prepared.

Watch the video consultation:

Where to buy and sell an apartment. Making a deal

The second stage of the transaction:

  • Drawing up and signing the Purchase and Sale Agreement and the Transfer and Acceptance Certificate.

Some transactions are now certified by a notary, these documents are compiled by his assistant.

If your transaction is not subject to certification by a notary, you prepare these documents yourself.

Be sure to coordinate them with all participants in the transaction in advance, send them by e-mail or send them in person.

They are signed, as a rule, at the Rosreestr office, MFC or at the bank where the money is transferred, placed in a cell or signed loan agreement, there are meeting rooms.

Order the drafting of a contract of sale

If it is difficult for you to draw up a purchase and sale agreement on your own, you can order the preparation of the Purchase and Sale Agreement and the Act of Acceptance and Transfer of the Apartment to our lawyer.
We have accumulated a lot of experience in successful transactions and with this document we will protect your interests in the transaction of buying and selling an apartment as much as possible.

Where to buy and sell an apartment. Registration of the transfer of ownership

The third stage of the transaction:

  • Broadcast statements on the transfer of ownership from the seller to the buyer and the registration of ownership of the buyer with the Sale and Purchase Agreement, the Acceptance and Transfer Certificate and takes place at the Documents Acceptance and Issuance Department of the Roosreestr or at the My Documents MFC.
    Read:
  • You need to pay the state fee, more

Attention: documents are transported from the MFC to Rosreestr and back, which delays the procedure for 2 days.

For information: now you can apply for registration at any branch of the MFC or Rosreestr within the same cadastral district.

If the property is located in another cadastral district, documents can only be submitted through the offices of Rosreestr.

If market prices for housing are rising, do not try to sell quickly, "for cheap", it is better to wait a while, setting a price comparable to the market.

Preparation of the apartment, as well as the entire set of necessary documents

Prepare the apartment for sale, make, if necessary, a small cosmetic repair, this will add the competitiveness of your property, attract buyers and, accordingly, add value to the apartment.

Make sure that by the time the sale starts, all furniture, kitchen utensils, other things, as well as all citizens who previously lived in it, have already been taken out of the apartment.

By the time the first potential buyer inspects the apartment, it should be empty, which will add an effect of scale to the apartment and allow the buyer to dream up his own layout.

Take full responsibility for the collection of all necessary documents for the sale of an apartment, any unrecorded, unprepared document can become a stumbling block when concluding a deal, delay the sale, and thereby discourage the buyer from buying your apartment.

Both the legal purity of the purchase / sale transaction and the value of the property will depend on a well-executed package of documents.

To draw up a package of documents, it is better to contact a competent lawyer, and also take into account all the requirements for the documents of the registering authority.

You should take seriously filling out the technical documentation for the apartment so that the data indicated in the documents coincide with reality.

List of required documents:

  • certificate of registration of rights to property, confirming the owner's rights to own and dispose of the apartment;
  • documents confirming the identity of all homeowners: passports and birth certificates for children under the age of 14;
  • technical passport for the apartment (cadastral passport);
  • if the apartment is a joint property, then a marriage certificate and the consent of the spouse for the sale are required;
  • permission from the guardianship and guardianship authorities, if one of the owners is a minor child;
  • an extract from the house book about all tenants registered in the apartment;
  • a document confirming the absence of arrears in utility bills.

Advertising for sale, search for a buyer

Having prepared all the documents, having calculated the approximate sale price of the apartment, it is necessary to announce your decision to sell the property through the media, advertising and real estate agencies.

The advertisement must be concise, clear, concise, describing both the technical characteristics of the property and its competitive advantages in the real estate market.

Preliminary drafting of a purchase / sale agreement

Why is it necessary to draw up a purchase / sale agreement in advance, you ask, but in order to protect both the buyer from the fact that the seller can sell the apartment to someone else, and the seller from the risk of a possible cancellation of the transaction. As a rule, at the conclusion preliminary contract, the buyer gives the seller a deposit - part of the funds from the total cost of the apartment, which is also prescribed in the contract or in supplementary document- agreement.

From a preliminary purchase / sale agreement no standard form, it is compiled arbitrarily and includes the following data: passport data of both the buyer and the seller, their addresses, a description of the apartment being sold, its technical characteristics, address, the amount of the deposit and the terms for fulfilling obligations by the parties are also indicated, after which the date and signatures are put.

You will be tedious to download the contract of sale of the apartment. You can do this at the following link: .

Real estate settlement

It is important to legally and financially competently conduct a monetary settlement. Payment for an apartment can be carried out both at the stage of concluding a transaction, and at the stage of signing by the parties of the act of acceptance / transfer of real estate.

As a rule, a third party, a bank, is involved in transactions with the purchase / sale of apartments at the stage of real estate settlement.

It is a kind of guarantor of the seller receiving the proceeds from the sale of the apartment, and for the buyer, he guarantees the realization of ownership of the purchased apartment for the agreed amount.

Under the control of a bank employee, in the presence of both parties to the purchase / sale transaction, the money is sealed in a package with the signatures of both parties and placed in a bank deposit box. After the transaction is legally correctly executed, and the buyer's ownership of the property is registered, the seller receives the agreed amount from the bank.

Conclusion of a purchase / sale transaction and state registration legal rights to the apartment of the new owner are further described in detail.

Contract for the purchase / sale of residential real estate can be made in any written form or be notarized. The contract must specify required details parties, as well as:

  • the price of the property being sold/purchased;
  • address of its location, technical description, data of the cadastral passport;
  • description of the method and term of payment for the apartment;
  • terms of transfer of the apartment to the buyer;
  • the deadline for signing the act of acceptance / transfer of the apartment between the seller and the buyer.

After the procedure for signing the contract, the parties should contact the registration authority at the location of the apartment, go through the mandatory registration.

The last stage in the sale of an apartment is the transfer of the apartment to the buyer, in which the act of acceptance / transfer of real estate is signed in two copies, and if a third party participated in the transaction, for example, commercial Bank, then another copy is signed. After this procedure, the seller applies to the bank for receiving funds for the apartment stored in the cell, and the transaction for the sale of the apartment is considered completed.

It will also be useful for you to learn how to challenge the sale of an apartment. We talked about this.

Alternative deal

An alternative transaction is the simultaneous process of selling and buying an apartment, i.e. when the owner sells his residential real estate and at the same time acquires housing. Varieties of alternative transactions are:

  • exchange of apartments of equal size and technical characteristics;
  • exchange of a smaller apartment for a larger one with a surcharge;
  • exchange of a larger apartment for a smaller/smaller one, for example, splitting communal apartments.

It will not be easy to conduct such a transaction on your own if you are not savvy with impeccable knowledge of the law, so it is better to contact a professional realtor or agency.

When selling an apartment, keep some general rules to minimize your risks and profitably sell housing:

  • if you decide to sell an apartment through a realtor or agency, make sure that they have all legally correct Required documents to carry out their activities, namely a license, job reviews, find out how long they have been working in the real estate market;
  • remember that even by contacting an agency, you only minimize the risks when selling an apartment, but do not completely eliminate them;
  • when concluding an agreement with a realtor, it will be in your own interests to stipulate his remuneration in the form of a percentage of the cost of the apartment sold, this will encourage the realtor to sell your home as profitably as possible;
  • in the contract for the provision of realtor services, it is necessary to specify how all payments will be transferred: through a commercial bank or directly through the agency;
  • under no pretext do not give identity documents, as well as documents for an apartment to strangers, but if it is absolutely necessary, then do not be too lazy to draw up an act of acceptance / transfer of documents;
  • carefully study all documents provided to you for signature, compare copies, copies and originals;
  • pay only to the management of the agency, no ordinary employees, subordinates have the right to accept cash for the provision of services.

Civil Code Russian Federation defines the specifics of the contract for the purchase / sale of residential real estate, this is called essential conditions. These essential terms of the contract are subject of the contract and its price, as well as a list of persons who, even after the sale of the apartment to the new owner, have the right to use it in accordance with the current legislation.

If the seller did not notify the buyer at the conclusion of the contract about third parties and their rights to live in the apartment being sold, then the buyer may legally demand termination of the contract.

Peculiarities

There are certain features of how to carry out the purchase / sale of donated apartments and apartments transferred to ownership by will or inheritance.

New

When selling an apartment in a new building, you must have the following documents in your hands:

  • certificate of ownership;
  • technical passport, floor plan apartment building and explication of the apartment (explanations for the layout of the apartment / house).

In the absence of at least one document from the list, you do not have the right to sell your property. The new building in which you are the owner of the apartment must not only be completed, but also put into operation, otherwise you will not be able to sell the apartment, only an assignment of property rights is possible. If you purchased an apartment in a new building with a mortgage loan, you must agree with the bank on the possibility of its sale. This is due to the fact that many banks stipulate in the mortgage agreement the condition of a moratorium on early repayment mortgage loan. Find out all the risks of selling an apartment in a mortgage.

When selling an apartment that you received as a gift, in addition to the above package of documents, you must have an apartment donation agreement in your name and an act of acceptance / transfer of this apartment. Before selling the donated property, it is necessary to write out all the persons registered in this apartment and collect full package documents.

There are some legal nuances when selling a donated apartment:

  • if you are married, then the spouse does not have the right to claim a part of the apartment received as a gift, and is not required;
  • if you were given only a part (share) of the apartment, then before selling it, you must first of all offer to buy out your share to the co-owners of the apartment. Only after their refusal, confirmed in writing, certified by a notary, you can freely sell your share.

If you want to sell an apartment donated to a minor, you must first obtain permission from the guardianship and guardianship authorities. The guardianship authorities will grant permission only if the minor is provided with equivalent or larger housing. Now you can choose to donate or sell.

By will

Owners of apartments received under a will will be able to sell the apartment only six months after the pronouncement of the will and acceptance of the inheritance. After that, it will be necessary to obtain an official certificate of inheritance, registration of property rights. If, according to the will, the heir is not the only one, then the decision to sell the apartment must be agreed with all the persons indicated in the will.

For example, if the will indicates the share to which each of the heirs can claim, then after the sale of the apartment, the proceeds can be divided in proportion to the share of each.

The sale of an apartment inherited by will becomes possible only after three procedures:

  1. The heir must provide the notary with a death certificate of the testator, documents confirming his rights to housing, a will, documents that confirm the family relationship with the testator.
  2. The notary conducts a check to verify the authenticity of the documents, the absence of other heirs. After that, he provides the heir with a certificate of the right to inherit.
  3. The heir must register his rights to the inherited property with the registering authority.

Only after the completion of all the above procedures, the sale of an apartment received by will becomes possible.

Another feature of the sale of any apartment, whether it is a new apartment, an apartment purchased on the secondary housing market, donated or inherited by will, is that if the apartment has been owned for less than 3 years, then upon sale you will need to pay tax on income individuals, which, according to tax legislation, is equal to 13% of the total cost of housing.

If the apartment was owned by you or the testator for more than three years, then such housing is not taxed. It should also be remembered that according to Russian legislation, you can reduce your tax payment on income from the sale of an apartment by property deduction, which today is 1 million rubles and is provided on the basis of a tax return and an application.

Restoring a lost Russian passport is a very laborious, but quite real and sometimes necessary process.