Lawyer. Legal consulting, experience in the tax office. Date: November 14, 2017. Reading time 8 min.

A seller who wants to sell an apartment on his own must organize the receipt of the missing documents, carry out pre-sale preparation of the apartment, place advertisements on thematic resources, work with buyers, and conclude a preliminary and main agreement. Depending on the specifics of the situation (purchase through a mortgage, the apartment being sold is registered in the name of a child), changes are made to the procedure. In some cases, the seller is required to file a return and pay tax.

The services of real estate agencies and private realtors offering their assistance in finding a buyer vary between 4-10% of the property’s value. Often the owner of a residential property has to pay the amount before receiving the money, which is unprofitable and expensive.

However, the owner is able to organize the sale of an apartment without a realtor and save a decent amount. The main rule is to follow the established plan.

Selling an apartment is an event that includes many stages and actions. Some of them are carried out by an intermediary, but with a personal sale you will have to plan the transaction yourself.

Conventionally, the sale can be divided into two stages:

• preparatory:
  • collection of documents;
  • redecorating;
  • emptying the premises of things;
  • advertising;
  • showing the apartment to potential buyers.
• basic:
  • conclusion of a preliminary agreement;
  • receiving a deposit;
  • execution of the main agreement, its registration;
  • handing over the apartment and keys;
  • receiving the remaining amount;
  • settlements with the tax authorities.

Step-by-step instruction

Before selling an apartment without a realtor, the seller needs to give it a marketable appearance and correctly determine the price. The price must correspond to the market price: overestimation reduces buyer interest and switches attention to similar, but cheaper offers.

A list of documents should be ready before the start of a sales campaign. Some of them have already been received, and the rest, which have a limited validity period, are recommended to be completed before signing the main contract.

Preparation of documents

Having a complete package of documents simplifies and speeds up the execution of the transaction. The list is determined by the characteristics of each object (for example, when investing funds or availability), however, in most cases, the papers named in the table are sufficient.

Table 1. Documents required for independent sale of an apartment, by time of receipt

Documents required immediately	Documents that have a limited validity period and are received before the transaction
Certificate of ownership of the apartment. If the property was purchased after the certificates were cancelled, you will need an agreement under which the property was transferred into ownership and an extract from the Unified State Register of Real Estate	Consent of the guardianship authorities to sell the apartment if the interests of the minor owner are affected
Passport or birth certificate for child owners under 14 years of age	Help form 9
	Certificate of settlements with utility services
Technical certificate
Certificate from the tax service confirming the absence of debts
Consent of the second spouse to the alienation of real estate

Apartment cost

The next stage of preparing an apartment for sale is determining its value. The independent work of the owner in assessing real estate consists of the following actions:

• use of online calculators that determine the price based on the entered parameters;
• studying the real estate market by viewing and analyzing similar advertisements for sale.

The objective cost of an apartment depends on its characteristics:

• area, the size of which is directly proportional to the price: the larger the footage, the higher the cost;
• the number of rooms and their location relative to each other (adjacent rooms are valued lower than isolated ones);
• floor (the first and last are in less demand);
• availability of repairs;
• house address and area;
• availability of infrastructure and social facilities (clinics, kindergartens, schools);
• condition of the house;
• legal aspects (presence of unpaid debts or third parties registered in the apartment).

Pre-sale preparation

It consists of decorating the appearance of the apartment. There is no need to make any repairs to the premises - it is enough to make cosmetic improvements, empty the balcony and storage rooms of old things, remove broken furniture, check the sewage system and the condition of the pipes, plumbing, and the serviceability of the electrical wiring.

It is advisable to immediately empty the apartment of unnecessary items that are not for sale, or plan the transaction so that there is enough time to remove the furniture.

Realtors advise tidying up the stairwell: screw in a light bulb, remove graffiti, replace broken glass. The well-maintained appearance of common areas has a positive effect on the impression of potential buyers.

Client search and presentation

The search for a client is most often carried out through advertising on thematic sales sites. An advertisement can be posted on several resources at the same time. As an addition, you can post paper versions of the proposal or advertise in newspapers and magazines.

The ad contains information about the apartment and well-taken photographs: high-quality, without unnecessary (personal) things, covering the space as much as possible. Information about the property being sold is presented in such a way that the client does not have any additional questions.

When demonstrating real estate, it is recommended to find out the purposes of the purchase and, depending on them, focus on the necessary nuances, strengthening the desire to buy. For example, those who plan to rent out an apartment are interested in good repairs, the availability of furniture and appliances, which requires minimal investment. When purchasing for permanent residence, the seller should mention the developed infrastructure and the possibility of zoning the premises.

Making a deal

The purchase and sale involves concluding a preliminary agreement, depositing money or depositing it in a box, signing the main agreement, registering it, transferring the apartment and receiving the remaining amount. In some cases, the list may be expanded or reduced.

Drawing up a preliminary purchase and sale agreement

A preliminary purchase and sale agreement confirms the parties' intention to conclude a transaction and ensures that no refusal will occur during subsequent preparatory actions. A security payment is also made against it, which serves as a guarantee of the conclusion of the main agreement. Of course, the parties have the right to refuse the sale and purchase, but in most cases this does not happen.

A similar option is concluding an agreement on an advance payment. The contracts differ, but their essence remains the same: the buyer deposits money, assuring the seller of his intention to purchase an apartment from him, the owner of the property receives guarantees that the transaction will be completed.

According to the agreement on making an advance payment, if the buyer refuses the transaction, he receives the deposited funds in full. The deposit has a different nature: if the buyer refuses, he loses money. If the seller is at fault, he has to return double the amount to the buyer.

To avoid unpleasant consequences and confusion, the parties are advised to either seek advice from a lawyer experienced in real estate or enter into a preliminary purchase and sale agreement using advance payments.

The preliminary agreement contains the terms to be included in the main agreement:

• subject of the contract - apartment, its address, characteristics of the house, floor, number of rooms, total and living areas (information must correspond to the cadastral passport);
• price;
• payment procedure (one-time payment or);
• (notary, cell rental agreement, state duty and others);
• the period during which the seller undertakes to vacate the apartment and deregister if this has not been done;
• terms and procedure for transferring the apartment and signing the act;
• liability of the parties for violation of obligations.

The amount is paid in cash or by bank transfer. In the first case, the seller draws up a receipt for receiving money from the buyer. When transferring money through a bank, the buyer is given bank documents that indicate the basis for the transfer (preliminary purchase and sale agreement and its details).

Payments for an apartment

The next stage is payment for the purchase. The use of a safe deposit box has come into practice as the most reliable and safe method of cash payments between individuals.

Its essence lies in the fact that the buyer enters into a lease agreement for a safe deposit box for a period sufficient to carry out registration actions. It specifies the conditions for receiving money.

The deposit of money is carried out in the presence of the parties and a bank employee. The money is counted and put into the package. It is sealed and sealed with the signatures of the parties.

After registration actions, the parties receive a registered agreement and an extract from the Unified State Register of Real Estate, indicating the transaction. Based on these documents and the apartment acceptance certificate, the seller will receive the funds deposited in the locker.

Similar forms of non-cash payment are letters of credit and payment orders.

Note! You can buy and pay for real estate using borrowed funds. Registration of a mortgage involves non-cash payment. The bank transfers money to the seller’s personal account after registering the transfer of ownership (agreement).

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

The main purchase and sale agreement is drawn up in writing in 3 copies. If there are several sellers or buyers or one of the parties to the transaction is a child, then the agreement is drawn up with. In other cases, notarization depends on the wishes of the parties.

The contract includes the conditions under which the preliminary agreement was concluded. The set of documents is supplemented by a receipt for payment of the state duty.

The parties visit the MFC or Rosreestr, where they write an application to carry out registration actions.

Table 2. Deadlines for registration actions

Transferring an apartment and receiving money

After registering the transaction, the buyer receives a registered agreement and an extract from the Unified State Register of Real Estate, indicating that an entry has been made in the register. The seller is given only his copy of the contract.

The next stage is the transfer of the apartment and registration. It is drawn up in two copies, and if the buyer attracts borrowed funds - in 3 (+1 for the bank).

Based on the registered agreement and the transfer and acceptance certificate, the bank gives the seller access to the money. At this stage the transaction is completed.

Important! After registration actions, the parties will have tax obligations. The buyer can apply for a tax deduction, and the seller is obliged to file a declaration and pay the tax if he has owned the apartment for less than 5 years (Article 217.1 of the Tax Code of the Russian Federation).

Typical mistakes when selling your apartment

When selling an apartment on your own, an inexperienced seller may make mistakes. They will affect the speed of the sale and its profitability for the seller himself.

1. Incorrect assessment of the apartment. Incorrect determination of value (overestimation or underestimation) delays the transaction or makes it unprofitable for the seller.
2. No pre-sale preparation has been made. Presentation is of great importance and affects the price. Torn wallpaper, leaking pipes, dirty plumbing will not make the right impression on a potential buyer. Most likely, he will ask for a discount.
3. Documents are incorrect or missing. This circumstance will delay the conclusion of the contract if the buyer does not refuse the deal.

Selling an apartment without a realtor is a complex and lengthy procedure. Following the instructions provided and thoughtfully completing all stages will help make it easier and sell your property profitably.

November 14, 2017.

Reading time: 7 minutes. Views 39 Published 10/18/2019

Circumstances may arise such that it becomes necessary to sell the apartment, but it is not possible to attend the transaction in person. In such a situation, you can choose a trusted person who is responsible for performing all the work for the owner. What aspects need to be taken into account when transferring a power of attorney and choosing your representative?

Key Aspects

Typically, a power of attorney is issued to a relative or other close person. This document allows you to perform legal actions on behalf of the owner. It is important to draw up the document in such a way that the trustee is vested only with a specific list of powers. Wide possibilities for disposing of real estate carry a certain danger.

The document must contain complete information about the property and the identity of the representative, including the following:

• Passport details.
• Location.
• Characteristics and address of the apartment for sale.

Note! The authorized person is given the authority to sign on behalf of the copyright holder. Therefore, his choice should be taken very seriously.

The specifics of transferring a power of attorney are regulated by the following regulations:

• Civil Code of the Russian Federation.
• Federal Law No. 218 of July 13, 2015 “On state registration of real estate.”
• Federal Law No. 4462-1 dated February 11, 1993 “Fundamentals of the legislation of the Russian Federation on notaries.”

According to the Civil Code of the Russian Federation, a power of attorney must be certified through a notary. But there are exceptional cases when a citizen cannot be physically present in a notary’s office. Depending on the location of the principal, the document is certified by the head physician of the hospital, the captain of a sea vessel or the head of the correctional institution.

The Civil Code of the Russian Federation establishes important additional provisions:

• According to Art. 188, the principal has the right to revoke the power of attorney without giving reasons, just as the trustee can refuse to assume obligations.
• If the document does not indicate the possibility of transferring authority, the representative must perform all specified actions personally. Issues regarding the transfer of responsibilities are discussed with the owner.

Which power of attorney should I choose?

There are several options for powers of attorney that can be used to transfer rights to sell real estate:

General power of attorney provides the most extensive powers in the transaction process. This allows you to resolve all issues at once. But this is not the safest document for the owner. In this case, a one-time power of attorney may not be enough to perform the required actions, but its issuance will not lead to negative consequences.

Features of a power of attorney

According to Part 1 of Art. 185 of the Civil Code of the Russian Federation, the principal provides his powers in writing, and the proxy accepts responsibilities for representation to third parties.

The power of attorney clearly states all the actions of the authorized person, which may include the following:

Note! Separately, it should be indicated whether the right of delegation to a third party is given.

The power of attorney specifies its validity period. According to Art. 186 of the Civil Code of the Russian Federation, if it is absent, the period is considered to be set at 1 year. The date of drawing up the power of attorney is mandatory.

Sale by proxy

If you need to do everything to receive money, a general power of attorney is suitable. It means the transfer of full authority to sell real estate, from collecting documents to verify the purity of the transaction and ending with the signing of the transfer deed.

The notary may have doubts about the procedure for selling an apartment by power of attorney. Realtors try to formalize the transaction directly or meet with the owner to find out the reason for transferring rights by proxy. But if a person cannot be physically present at the transaction, this is a completely justified step.

If the apartment is sold by proxy, the following sequence of actions is performed:

Preparatory stage

At this stage, the representative collects documents that are necessary not only for signing the contract and its registration, but also for checking legal security.

For the latter, the buyer may request the following documents:

• Archival and regular extract from the house register.
• Certificate of absence of debt for utilities, telephone and Internet.
• Certificate from psychoneurological and drug treatment clinics from the seller.
• Extract from the Unified State Register of Real Estate.

One of the most important documents is an extract from the Unified State Register of Real Estate . From it you can see the history of ownership of the object, the characteristics of the apartment itself, the current owner, the presence or absence of encumbrances. The last point is the most important, since if there is an encumbrance, the transaction is unlikely to be registered.

The buyer can also request documents and information to verify the validity of the power of attorney. He may require a conversation with the owner, at least by phone. This is normal practice and allows him to protect himself.

Concluding a transaction and registering the transfer of rights

At this stage, it is necessary to discuss all the conditions, including the specifics of payment, transfer of the apartment and ownership rights to the new owner. All this must be reflected in the contract. The agreement is signed in the presence of a notary, who certifies the transaction. He will check the authenticity of the power of attorney, the correctness of the agreement and, if necessary, make changes. After signing, the documents are sent for registration.

To do this, the following is submitted through Rosreestr or MFC:

• Passports of the seller and buyer.
• Power of attorney and passport of the representative.
• Contract of sale.
• Title documents for the apartment.
• Extract from the Unified State Register of Real Estate.
• Receipt of payment of the state fee for registration.
• An application of the established form, the form of which is issued on site.

Registration is carried out within 7-9 days depending on the place of submission of documents. After this period, an extract from the Unified State Register is issued indicating a change of owner.

In most cases, buyers insist on payment after registration. This does not pose a threat to the seller. If payment is not forthcoming, he may cancel the registration due to non-payment of the contract. But by agreement, payment can be made at the time of signing the contract.

It is important for the owner and trustee to think through payment issues in advance. Money can be transferred to an account, transferred by hand or through a safe deposit box. The safest option in this case is a bank account. If money is transferred in cash, it is better for the owner to come to transfer the money.

After registering the transfer of ownership rights and payment, the physical transfer of the apartment occurs. The buyer and seller sides draw up a document in which the parties report the absence of claims. It is indicated that the apartment was transferred in proper condition, and money for its sale was received.

As a result, the transaction fully complies with the usual procedure. The only difference is that the seller is not personally involved in it. The buyer has the opportunity to legally verify the power of attorney. To do this, he may request additional documents.

The legislation establishes the following situations when a power of attorney terminates:

• Expiration of the document.
• Refusal of the trustee to continue fulfilling the assumed obligations.
• Cancellation by the principal regardless of the reason.
• Recognition of the principal as missing or his death.
• Recognition of the principal as limited or completely incompetent by court.
• Recognition of a document as invalid by a court decision.

Legal consequences for the trustee occur only after he becomes aware of the termination of the document.

Until this moment, he can fulfill the obligations entrusted to him.

Possible risks

It is important for the principal to be completely confident in the person who has decided to entrust the right to sell the property. If in doubt, you can transfer only the right to conclude an agreement under certain conditions, and appear in person to receive the funds.

Attention! The law prohibits registration of property in the name of a trustee. This is done to protect the interests of the copyright holder so that he does not lose property and money. If doubts arise about the integrity of the representative, it is better to revoke the power of attorney as quickly as possible. This will prevent future problems.

Thus, a power of attorney is no different from the usual procedure. But a trusted person acts on behalf of the seller. To protect yourself, you need to choose your representative carefully. And if possible, it is advisable to show up at least for the transfer of funds for the apartment.

The video story will tell you about the intricacies of the transaction of buying and selling an apartment by proxy

Is this possible? After all, the right of ownership of real estate is protected by the state. But no one has canceled the scammers either.

Let's take a closer look

Selling an apartment without an owner is possible and absolutely legal, using a notarized power of attorney from the copyright holder with full authority to sign a purchase and sale agreement and an application to Rosreestr for the transfer of ownership.

Is it possible to sell an apartment without the consent of the owner?

Sell ​​an apartment without the owner's consent

First, let's figure out what it means to sell an apartment or other real estate.

• Purchase and sale transactions are formalized only in writing, namely a purchase and sale agreement and a transfer and acceptance certificate. These documents must be signed personally by the owner of the apartment or an authorized representative. If the agreement and act are signed by another person, these documents are void, invalid, and have no legal force

• A contract for the sale and purchase of an apartment owned by several owners on the basis of common shared ownership or by minors or incapacitated persons is signed in the presence of a notary and certified by him and only then comes into legal force

• The next stage of the transaction is the registration of the transfer of ownership from the seller to the buyer. Until the owner (or his legal representative) personally writes a statement about this to Rosreestr, the buyer’s ownership will not be registered. In addition, the owner of the property has the legal right to submit an application to Rosreestr that without his personal participation (his personal statement), registration of the transfer of rights to the buyer will not be carried out.

Federal Law-218 “On state registration of real estate” dated July 13, 2015, Art. 9, paragraph 1 “..

“on the impossibility of state registration of rights without the personal participation of the copyright holder...”

Of course, scammers forge passports and powers of attorney. Therefore it is necessary to be vigilant.

Sell ​​a share in an apartment without the consent of the owners

Now let's figure out whether it is possible to sell a share in the right of common shared ownership?

It is worth understanding that we are not talking about the physical part of the apartment, but about a share in the right. That is, if you have 1/2 shares in the right of common shared ownership of an apartment with an area of ​​80 square meters, this does not mean that you own 40 square meters.

The Civil Code of the Russian Federation requires compliance with the priority right of purchase for all other participants in common shared ownership over third parties (not owners) and an equal right of purchase for all participants in common shared ownership.

Before selling a share in the right of common shared ownership, it is necessary to notify the other owners (participants) in writing about the price and other conditions of the sale.

The notification can be sent by telegram or a notarized refusal of all other participants in the common shared ownership from the purchase can be issued.

Important! from 06/02/2016, the purchase and sale agreement of share(s) in the right of common shared ownership is subject to mandatory certification by a notary. And only then the transfer of rights is registered in Rosreest.

It is clear that the notary will provide the first right of purchase to other owners, if any.

And if other participants in the common shared ownership of the apartment do not buy the “share” within 30 days after receiving the notice of sale, the owner will be able to sell it to third parties.

If the cancellation of the purchase is notarized and there is no need to wait 30 days.

But notices of sale or notarized refusal of purchase must be submitted to Rosreestr with other documents.

Sell ​​an apartment without an owner

One of the most common crimes in the field of civil law is crimes against property - a violation of one of the most inviolable rights of citizens. The most widespread type of fraud is the sale of apartments without the owner’s knowledge. How do such situations occur, and how can you protect your property?

The most well-known method of fraud in the field of real estate is the actions of black realtors. A large number of small real estate agencies are being created, the main purpose of which is precisely deception and fraud, and not the provision of services to the population. Such companies do not like to attract attention to themselves, their staff is small, their offices are small and have a minimal set of furniture. Most often, realtors ask clients to leave original real estate documents in the office: so that the client does not go to competitors, and thus the transaction can be speeded up. This can be done by both large conscientious agencies and black realtors, who sell apartments in this way without the knowledge of the owner. To do this, all they have to do is make a power of attorney to carry out actions on behalf of the owner, and then the registration of the property transaction takes place, seemingly, on legal grounds. After completing such a transaction, the scammers disappear - this is a favorable outcome of events. Sometimes there are cases when the real owner can be killed.

When scammers are relatives

Relatives of the apartment owner are in second place in the illegal sale of property. Based on the trust of loved ones, unscrupulous relatives receive original documents for the apartment and the owner’s passport for purposes supposedly not related to the sale of residential property (legalize redevelopment, privatize housing, choose an option for exchanging real estate, draw up a will). In fact, having received the documents, the relative carries out a real estate purchase and sale transaction and disappears with the money.

An apartment owner who has not used it for its intended purpose for a long time may become a victim of scammers. Criminals can monitor property for a long period of time, find out details about the owners, and then forge documents for the transaction and a power of attorney from the owner.

How to protect yourself from scammers and not lose your home? Firstly, you should never give the original documents for housing to anyone, carefully write down the powers of the representative in the power of attorney and exclude from them the powers to dispose of property. Secondly, to carry out real estate transactions, you should contact only large and trusted real estate agencies. You should not be lazy; you need to check all the information about realtors, collect as much information as possible before entrusting them with your property. In relation to relatives, it should be remembered that if there is at least some doubt about their integrity, then it is better not to trust them with the original documents for the residential premises. Thirdly, when leaving your apartment for a long time, you should put it under official security, or instruct a trusted person to monitor the apartment and appear before the neighbors.

Unfortunately, such transactions occur very often. Since the current level of technology is at the highest level, producing the necessary documentation is not difficult. As a result, deeds of gift and passports, which are actually fakes, appear in real estate sales and purchase transactions. The unsuspecting buyer gives away his hard earned money - and after a while becomes the owner of the apartment. But not for long... The appearance of the real owners returns everything to normal: in the end, the victim deceived by the swindlers is left with nothing.

Easy money, or Be careful!

For most metropolitan residents, buying an apartment is one of the most expensive transactions in their entire lives. When collecting the required amount, the buyer, even in a nightmare, cannot imagine that the funds could be voluntarily given to scammers.

There are two types of fraud in residential real estate:

Scam transactions related to the sale and purchase of real estate

As for the first method, there are plenty of suitable candidates for the role of “victim”. Pensioners, disabled people, people suffering from alcohol or drug addiction are the main candidates for eviction. Scammers can gain trust in order to persuade people to sign documents. As a result, the owner may simply end up on the streets, or, at best, move to cheaper housing.

And the owner himself doesn’t even know about it. Thanks to the forgery of general powers of attorney, passports, and certificates of ownership, fraudsters pose as the owners of the apartment. Computers, laminators, microscopes and more complex equipment are used.

How do scammers operate?

Having studied the lifestyle of the apartment owner, they steal the keys. When the owner is absent, the apartment is sold in full swing. Sometimes law enforcement agencies solve cases in which clever swindlers managed to sell the same apartment in Moscow to five different buyers! Scammers become more active in the summer, when most owners spend time at their dachas or on vacation.

Sometimes the deal may seem absolutely fair, and the apartment may seem legally clean. After some time, a released prisoner comes to the house of the new owner, who, it turns out, is registered in the apartment. To hide this fact, the seller probably provided a false certificate of family composition.

Minimize: Don't take risks!