The sale of a share in an apartment involves a number of activities that must be carried out by the owner who wishes to carry out this procedure. On June 2, 2016, Federal Law 172 “On Amendments to Certain Legislative Acts of the Russian Federation” came into force. This law made adjustments to the current Federal Law No. 122 “On state registration of rights to real estate and transactions with it.” However, it will expire in January 2020. We will consider in the article how operations with real estate in shared ownership will change.

For those who are wondering about purchasing real estate, the information from will also be relevant.

The procedure for selling a share in an apartment is today considered a complex real estate transaction. The main condition is the privatization of housing. A privatized apartment may have several owners and they will not always be relatives to each other. An obstacle to the implementation of this procedure may be the disagreement of neighbors to the registration of an outsider in the apartment or a statement of the pre-emptive right to purchase by one of the residents. If the last point is not observed, the share owner infringed on his rights can protect his interests through the court.

Changes in the law prohibited entering into transactions with real estate in shared ownership without the participation of a notary. Now, without the appropriate notarization, Rosreestr will not register a transaction for the sale of a share in an apartment.

Procedure for selling a share in an apartment: new law

The law on shared ownership of a house obliges property owners to carry out various transactions with it through a notary. The notary’s task is to ensure from a legal point of view that no one’s interests are infringed during the procedure for selling a share in an apartment, including preventing fraud.

Also, according to the new law, measures for conducting transactions with housing whose owner is a minor have been tightened. As in the first case, notarization will be required. This will help protect the interests of children under the age of majority and protect them from unscrupulous guardians and relatives.

How to legally sell a share in an apartment?

The Federal Law on shared ownership stipulates the following procedure for selling a share in an apartment:

• An owner who wishes to sell his share is obliged to notify the other owners of his desire in writing. It should contain information such as price and terms of sale. If the owner has violated the preemptive right of other co-owners, then within 3 months they can demand protection of their rights through the court;
• You should expect a response from other homeowners within a month. If several owners have expressed a desire to participate in the transaction, then preference is given to the person offering the best price;
• if after 30 days no one has expressed a desire to make a purchase on the prescribed terms, the homeowner has the right to offer to make a transaction to transfer the share in the apartment to unauthorized persons.

Upon receipt of a written refusal from all homeowners, the seller of a share in the apartment can carry out the transaction earlier than the specified period. A purchase and sale agreement must be drawn up with those wishing to buy a share in the apartment, which must be certified by a notary.

List of required documents

Any transaction requires the collection and preparation of the necessary documentation. To carry out a purchase and sale through a notary, you will need the following:

• written refusal of all shareholders to purchase;
• in the absence of the above refusal, evidence of the implementation of actions aimed at notifying the co-owners should be attached;
• a certificate-document on state registration of a share in the apartment, in its absence, an extract from the Unified State Register;
• technical passport from BTI;
• cadastral passport;
• written consent certified by a notary, spouse;
• identification documents of the parties;
• consent of the guardianship authorities if a minor is involved in the transaction;
• the actual purchase and sale agreement for a share in the apartment.

To draw up a transaction agreement, you will need to indicate the following information - full name, information from the identity card, registration address of all parties involved. The following is a description of the object of the agreement - the number of shares and other characteristics of the apartment, as well as the cost of the agreement.

If the notary recognizes the legality of the transaction, then all documents are certified and the contract is signed. Then the documentation is forwarded for state registration in Rosreestr. According to the law, it is carried out within 3 days, instead of the previously specified 18 days.

Taxation

There is a notary fee for certifying the above transaction - 0.5% of the cost of the share in the apartment. This tariff is paid 1 time and the amount cannot be less than 300 rubles and exceed 20,000 rubles. You must also pay a state registration fee of 2,000 rubles.

According to the Tax Code, the owner is also charged 13% of the amount of this transaction. The reason for this may be the ownership of real estate for less than 3 years and its subsequent sale for an amount exceeding its purchase. An owner who sells his share in an apartment receives income from the transaction, which is subject to personal income tax. Legislation allows you to reduce the amount of tax - a transaction worth up to 1 million rubles is not subject to tax, but if the amount exceeds the established amount, then the calculation is carried out with a deduction of a million.

Let's look at an example:

Let’s say the cost of a share in an apartment is 1.5 million rubles, then taxation will be according to the formula:

(1.5 - 1.0) x 0.13 = 65,000 rubles

The tax deduction cannot amount to more than 260,000 rubles.

Shared ownership is mainly common in megacities. After the privatization of communal housing and its “division,” the owners of such real estate can become from two to seven people.

In addition, these may be complete strangers, relatives (children and parents), or persons who have lost family ties (ex-husband and wife). Sooner or later, one of the co-owners of the property will want to “separate” and sell their share. And here many difficulties begin to arise. How to sell a share in an apartment on favorable terms? Let's take a closer look.

Share allocation

To sell your share, you must complete a number of procedures. Without the consent of the other co-owners, it will not be possible to register new guests or even make repairs. And selling or renting out part of the home will also be quite difficult.

Meanwhile, it is still possible to sell a share in a privatized apartment. True, for this you will have to go through such a troublesome procedure as allocating a share. This means that after privatization, each of the co-owners owns a mandatory certain share.

It can be expressed fractionally. For example, a two-room apartment has two owners, each of them has a ½ share. If we talk about a share in kind, it turns out that each person owns one of the rooms, and they will own common areas (kitchen, corridor, pantry) jointly. Moreover, after allocating the share, they will also have the right to use the above premises. In this case, everyone’s share becomes personal, and the neighbors will remain co-owners.

Joint property can also be divided. This is, as a rule, a complex and lengthy process, after which the common property will be canceled, and only one person will become the full owner.

Registration of the procedure

The allocation of a share is formalized by a notary; no oral agreements, of course, will have legal force. At the same time, if the co-owners do not come to a common decision, then this issue must be resolved only through the court. As a rule, the claim is filed by the owner who wishes to carry out the procedure for allocating a share. The legal battle can drag on for up to six months or longer (especially if other participants do not attend meetings).

Selling part of the apartment

After allocating a share, the owner has the right to sell it. But before you do this, you must offer to buy out your part to other owners. According to the law, before selling a share in an apartment, other owners must send a written notice with an offer to make a purchase.

This document indicates the cost and technical characteristics of the home. The co-owners can make a decision to purchase your share within a month after reading the letter. That is, during this period they must either accept your offer or refuse the purchase.

To avoid any misunderstandings, such proposals must be sent by registered mail. After all, if in the future, for example, the owners declare in court that they did not receive any notice, then you will be able to provide evidence.

Important nuances

Many uninformed citizens often ask: “Is it possible to sell a share of an apartment if the neighbors are against it?” For some reason, many people believe that other owners can really interfere with the process of selling their part of the home. In fact, this is not the case; all you owe to the other co-owners is to notify them of your intention to sell the apartment. If they do not agree to the purchase, this does not give them the right to prohibit the sale of the share to other persons.

After 30 days have passed from the date of acquaintance with the neighbors, you have the right to transfer your share to anyone. But remember: the price must strictly correspond to the one you indicated in the notification letter to the co-owners (neither less nor more). If you decide to sell your share in a privatized apartment at a different price, then any of your neighbors will be able to challenge such a transaction in court within three months.

Gift deed instead of a sales contract

In this case, some sellers decide to use a trick. In order to avoid the procedure of notifying neighbors, they simply draw up a deed of gift. With this type of transaction, it is not necessary to notify neighbors at all, and the registration itself will be cheaper and faster.

But there are pitfalls here too: if you give your share to a person who is not your relative, then the co-owners may challenge such an agreement. And even if the neighbors fail to establish that instead of a gift, a purchase and sale transaction took place, then the fact of the absence of family ties, in principle, is not so difficult to prove. Before selling a share in an apartment, it is important to agree with the buyer on all the important points. In particular, discuss the payment procedure, for example, you can sell with deferred payment or in installments.

How to sell an apartment with a minor's share?

If a minor is registered in the apartment, then it all depends on whether he is the owner of the property or not. If a share belonging to him is put up for sale, then in order for it to be sold, he will have to obtain permission from the guardianship and guardianship authorities. In all other cases, the same pre-sale preparation is carried out. However, the purchase offer is not sent to the child, but to his parents or guardians.

Of course, other owners will also have to send a notification letter. If relations between neighbors are normal, then you can simply discuss this issue with them, and then formalize a notarized refusal of the purchase by each co-owner. If the owners refused to purchase your share, but you changed the price, they will again have to be notified in writing about this again and wait for a response within a month.

Disposition of the child's shares

If it is necessary to sell the child’s share in the apartment, then in this case his parents must obtain consent to the sale from the guardianship authorities. Moreover, such a structure needs to submit documents stating that the child’s living conditions will not worsen and he will not be left without housing.

That is, you will be required to submit documents for the apartment that you are going to buy in return, or for a share in the home (the size must be no less than the child had before). Instead of papers for a new apartment where the child will live, they may require an open bank account in the name of a minor citizen or other evidence. In all other respects, in order to sell the child’s share, you will have to perform all the same steps that have already been described above.

Other options for selling shares

It is worth noting that you can dispose of your share even if it is a non-isolated room. That is, theoretically, a person has the right to sell a share in a one-room apartment. The law does not prohibit such transactions. However, in practice it is quite difficult to perform such an operation.

And the price for such square meters will be purely symbolic, because it is unlikely that anyone will want to share one living room where another complete stranger lives. In this case, it is better to negotiate with the other co-owner to sell the property entirely, or offer him to buy out your share. If the neighbor does not agree to such options, then this problem will have to be resolved only through the courts.

It is much easier to sell 1/2 share of an apartment if the home has 2 or more separate living rooms. Of course, in this case, the price for real estate will sooner and later be lower, but if necessary, buyers for this option can be found.

Underwater rocks

Realtors note that in the process of selling a share you can encounter many difficulties. First of all, this may be due to the fact that some co-owners confuse the concepts of “pre-emption” with “permission to sell”. They, for example, may evade receiving a notification letter about the sale of a share, and without their written refusal it is not possible to register the transaction. Unfortunately, the Civil Code does not say anything about what to do if neighbors do not cooperate.

It is also noteworthy that the law cannot oblige other co-owners to sell a share in the apartment. Trespassing on the private property of others is a criminal offense. Therefore, you can only agree on the purchase of the shares of other owners amicably.

There are also situations when several co-owners want to buy out the offered share at once. If this happens, the seller himself can choose to whom to transfer his share.

Cost estimate

If, despite all the difficulties, you still decide to sell your share in a privatized apartment, then you should start assessing its value. The price will be influenced by the following factors:

· number of rooms in the home;

· location of the house;

· area of ​​the apartment;

· market segment, etc.

Naturally, the owner has the right to set the cost of the room (rooms) himself, but practice shows that its cost will be 30-40% lower than its market price. If you decide to sell part of the share in the apartment, then get ready for the fact that it will be even more difficult.

Disadvantages for the buyer

The reduced price is a completely legitimate “compensation” for possible conflicts with neighbors. After all, quite often the other co-owners are not very happy with the new tenants. There are also situations when neighbors even install new locks on their front doors.

In this case, the person will have to go to court with a claim for access to use the apartment. In court, of course, they will side with the victim, and the new owner will be able to return to his house with a bailiff. However, if the co-owners begin to constantly “mess up”, then living in such an environment will be very difficult. In this regard, the price for a share in an apartment will always be about a third cheaper than its market value.

conclusions

So, how to sell a share in an apartment? In principle, if you comply with all the requirements of civil law, then no special difficulties should arise. The most important thing is not to forget to offer to buy out your share to other co-owners. If they refuse, then the co-owners must issue a notarized refusal to this effect. If the share that is put up for sale belongs to a child, then you will also have to obtain permission from the guardianship and trusteeship authority. You also have the right to sell part of your share.

And lastly: you can sell a room only if it has been privatized, and the owners own the home on the basis of shared ownership.

The question is relevant for any citizen who participated in privatization together with family members. How to sell a share in a privatized apartment without infringing on the interests of co-owners?

Sale of shares in a privatized apartment according to the law

As a result of privatization, if several residents participated in it, the apartment becomes their common possession. Each of them is entitled to a share (usually equal, unless a different agreement was concluded during the privatization).

By law, each of the co-owners has the right to dispose of their share as they wish. However there are some restrictions:

• anything can be done with the apartment (sell, donate, exchange, undergo major repairs) only by all the owners by a common decision: if one does not agree, neither the transaction nor any other order is possible;
• When selling one of the shares, the co-owners must be first on the list of candidates for purchase.

Thus, if one of the owners thinks about how to sell a share in a privatized apartment, he must first notify the other co-owners of his desire and inform them at what price he is selling. Only after this, if they are not going to buy, does he have the right to conclude agreement with strangers.

Thus, the sale of a share should look like this:

1. The owner-seller determines for himself at what price he is going to part with his property, and finds a buyer who agrees to this price.
2. Before you conclude agreement with the buyer, he notifies the other co-owners of the apartment about the planned sale. The notification must only be in writing - even if everyone lives in the same apartment and sees each other in person every day.
3. The owners decide whether they want to buy out the share themselves. The law sets a strict deadline for their reflection - no more than a month.
4. If the co-owners do not want the share to go to a stranger, they are obliged to buy it back at the price and on the terms on which the seller was going to conclude agreement with a buyer who is not a co-owner.
5. If a refusal is received or none of the co-owners decide to buy out the share within a month, the seller has the right to conclude agreement with a stranger.

How to sell a share in a privatized apartment and not make a mistake?

Download the contract form

The sale of a share itself is concluded according to the same rules as any other real estate transaction: in writing through Rosreestr with payment of state duty, etc. However, there are some nuances that can significantly ruin the life of the seller. Let's figure out how to avoid them.

The first of the pitfalls may be the case when the seller has already concluded an agreement, but one of the co-owners stated that he was not notified that the transaction was planned and, accordingly, did not give his consent. Within 3 months, he can file a lawsuit and demand that the court rule on the invalidity of the contract.

Don't know your rights?

There is only one way to counteract this - to carefully document everything that is done. Notification of the planned sale is only by registered mail with a list of the attachments. If the notification is made in person, prepare a document with the terms of sale in 2 copies and require the co-owner to leave a signature on one. The waiver of the right to purchase is best certified by a notary. With this option, no future claims will help the litigant.

The rule of warning and advantage does not apply only to gifts. However, it should be taken into account that an attempt to use a gift to disguise a sale (the owner of a share gives it to a stranger, and he, in turn, then gives him money, since this is not prohibited) may not end exactly as the parties expect. One of the co-owners of the apartment may try through the court to recognize such a deal as sham - and he will have every chance of winning the case. According to the law, the rules for a sham transaction are those established for the one that the parties tried to hide. In this case, it will be a purchase and sale - without the consent of the co-owners or their refusal to buy it, it will be invalid.

The second option is more likely to refer to the tricks of the seller. Some, in order to avoid hassle with a warning, draw up an exchange instead of a sales contract. It is categorically not recommended to do this: the rules regarding advantages will apply to me. This is due to the fact that the legislator proceeded from the desire to either preserve the circle of co-owners, or to help ensure that their circle gradually narrows. Therefore, even in the case of exchange, the stranger must first obtain the consent of the existing owners.

The third “cunning” scheme looks almost legal:

1. The owner of the share borrows money, indicating his share as collateral.
2. He does not return the money on time.
3. The lender demands the transfer of the pledged share into his ownership - according to the law, his demand is satisfied.

The chances of co-owners challenging such an agreement are somewhat less than, for example, in the case of barter: the law does not prohibit borrowing money, and a share in an apartment can be indicated as collateral without the consent of the other owners. However, the rules regarding a sham transaction can also be applied here, with the same consequences as mentioned above.

Sale through forced allocation of shares

In the event that there are disputes around the apartment and no one wants to give up, which is why there is practically no chance of selling the share through the right of first refusal, the owner, who wants to receive money in exchange for the share, has the right to demand its allocation. The law stipulates that the allocation is made in kind - that is, the allocated person must receive clearly defined square meters in the apartment.

However, since it is almost always impossible to allocate part of a city privatized apartment into a separate isolated room, the allocated one has the right to demand that the co-owners take his share and pay him compensation. The amount of compensation will be determined by the court. This method is convenient in that it does not require the consent of all co-owners, but it has 2 unavoidable difficulties:

1. An independent assessment of the apartment by an expert will be required.
2. Receiving money will take a long time, because collecting a debt from a person who does not want to pay is a very difficult procedure.

Sale of a share in an apartment if the co-owner is a minor

Difficulties may also arise if among the co-owners there is a child under 18 years of age. In this case, any transactions affecting the interests of a minor require additional approval from the local guardianship authority. Without this, the sale of a share can easily be considered illegal.

This rule does not apply only to those cases where, as a result of the planned transaction, the share attributable to the child increases. However, if the parents or persons replacing them plan to sell the child’s share in the apartment, the consent of the authorized body is required. It can only be obtained if there are guarantees that:

• the child will acquire a greater or equal share in the new apartment;
• or the funds due to the child for the share will be placed on a deposit, which only he himself can dispose of after reaching the age of majority.

A person has the right to sell his property whenever he sees fit. This also applies to the share in the apartment. We will tell you what schemes for selling shares in a privatized apartment exist.

○ What is a share?

A share in an apartment is a part of the living space that cannot be allocated in kind. A share is expressed in arithmetic value and represents a part in the right of common ownership.

Shared ownership can only be in privatized housing. This concept is often confused with joint ownership. From a legal point of view, these are completely different things. Joint property, as a rule, occurs between spouses when they acquire any property during marriage.

Shared ownership is most often formed during the process of privatization or during the division of property as a result of divorce. When re-registering, participants in the allocation of shares by default receive equal shares, unless otherwise provided by agreement or court decision.

○ Features of selling a share in a privatized apartment

When intending to sell a share in an apartment, the owner must act in the manner prescribed by law. First of all, he is obliged to offer to buy out the share to his co-owners, since they have a pre-emptive right to purchase.

Clause 1 of Art. 250 Civil Code of the Russian Federation:
When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.

You can give co-owners the opportunity to exercise their right by sending them a notice of the sale of the share, which indicates the price and other conditions of the upcoming transaction. After this, you should wait for their decision. They may agree to buy the share or refuse the purchase. The law sets a month for reflection.

Clause 2 of Art. 250 Civil Code of the Russian Federation:
The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.
If the remaining participants in shared ownership do not acquire the sold share in the ownership of real estate within a month, the seller has the right to sell his share to any person. If all other participants in shared ownership refuse in writing to exercise the pre-emptive right to purchase the share being sold, such share may be sold to an outsider earlier than the specified deadlines.

Only after these operations is it possible to formalize the purchase and sale. It is carried out in a general manner. The parties negotiate the terms of the transaction and secure them in a written purchase and sale agreement. In the future, this document becomes the basis for registering property rights in Rosreestr.

Verbal agreements are not valid when it comes to real estate.

Art. 550 Civil Code of the Russian Federation:
The contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties. Failure to comply with the form of the contract for the sale of real estate entails its invalidity.

○ Legal difficulties when dividing a privatized apartment

The division of an apartment into shares can occur in one of three ways:

1. By concluding a peace agreement.
2. By signing a marriage contract (if property is shared by spouses).
3. By the tribunal's decision.

The size of shares depends on the basis for the creation of shared ownership, improvements made, investments in housing maintenance, etc. In the future, adjustments to the size of the share will also be influenced by changes in the composition of participants.

As a general rule, if the shares were not distributed by agreement of the parties or in court, they are recognized as equal.

Clause 1 of Art. 245 Civil Code of the Russian Federation:
If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.

Each co-owner has full right to dispose of his share. He can sell it, donate it, bequeath it, etc.

○ Sale of a share in favor of parents

The sale of a share in an apartment to parents or other close relatives occurs in accordance with the general procedure. The only difference is the inability to subsequently receive a tax deduction on the amount for which the parents purchased the share from their children.

To avoid taxation and the resulting expenses, many citizens, instead of a purchase and sale agreement, formalize the transaction using a deed of gift. In this case, the transfer of money to purchase a share is not recorded anywhere, and the obligation to pay tax does not arise.

○ Sale of shares to other relatives

With relatives who are not considered close, the transaction is concluded in the same way as with other persons. The algorithm is as follows:

1. Sending notice to other co-owners.
2. Receiving from them a written refusal to purchase within a month.
3. Obtaining consent to purchase from a relative if he is one of the co-owners. If not included, notify the relative about the possibility of concluding a transaction.
4. Drawing up a purchase and sale agreement.
5. Drawing up a transfer and acceptance certificate.
6. Registration of documents in Rosreestr.

Income received from the sale of a share is taxed at a rate of 13%. This obligation arises if the share is owned for less than three years (five years from 2016). In the future, you can receive a property deduction by contacting the Federal Tax Service.

○ Is it possible to sell a share without the consent of other owners?

In the event that the seller, ignoring the requirements of the law, sells the share before the expiration of the one-month period for the co-owners to make a decision or without notifying them, any of the participants in shared ownership has the right to file a claim in court.

In a lawsuit, he may demand that the rights and obligations of the buyer be transferred to himself. You can file a claim within three months after the participant in shared ownership learned about the transaction.

Clause 3 of Art. 250 Civil Code of the Russian Federation:
When selling a share in violation of the pre-emptive right, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

○ Sale of a share owned by a minor

You can sell the share of a minor only with the consent of the guardianship and trusteeship authorities, as well as a notary. In order to obtain such consent, it is necessary to transfer to the child a similar share in another apartment in exchange for the sold share. You cannot leave a minor without property.

Consent is given to both guardians or parents who represent the interests of the child. If one of them cannot attend, the case is transferred to court. The problem can be solved by providing written permission to sell, a document on deprivation of parental rights, or a court decision declaring the parent missing.

The entire transaction process will include the following steps:

1. Submitting an application to the guardianship authorities. The decision is issued after two weeks.
2. Discharge of the child from the apartment.
3. Concluding sales and purchase agreements and transfer and acceptance certificates. The sale of a share and the purchase of a new home must occur simultaneously.
4. Registration of property rights.
5. Providing copies of all documents to the guardianship authorities.

After purchasing a new home, the child must be registered there immediately.

○ Income tax

The money received from the sale of a share is the income of an individual. The amount is subject to tax at a rate of 13%.

The tax must be paid after all documents have been completed. In addition, you will need to submit a declaration to the tax authority in form 3-NDFL. The declaration is submitted at the place of permanent registration before April 30 of the year following the year of registration of the transaction.

As a general rule, a citizen has the right to take advantage of a property deduction in the amount of 1 million rubles once. Tax will be calculated on the amount exceeding this limit. That is, if the share was sold for 1,200,000 rubles, you only need to pay tax on 200 thousand rubles.

○ Types of paid share transfer

You can sell a share in an apartment by concluding one of the following transactions:

1. “Pure” purchase and sale.
2. Registration of a deed of gift for the entire share or part thereof.
3. Transfer of share as collateral.
4. Transfer of rights based on a loan agreement.

The last three transactions are in fact fictitious. Let's figure out how these schemes are implemented in practice.

○ Gift agreement

The owner of a share has the right to give it to anyone without notifying the co-owners and without obtaining their consent. To do this, you need to properly draw up a deed of gift.

The gift agreement contains information about all persons living or registered in the apartment, and information about the gift (footage, size of the share in the common ownership) is indicated. After signing the deed of gift, the donee, if it is not a close relative, becomes obligated to pay income tax.

The seller can “donate” either the entire share or part of it. In the second case, the remaining meters are sold to the donee under a regular sales contract, since he already has a priority right to purchase.

○ Collateral Agreement

The scheme is to pledge the share as collateral to the bank to secure repayment of the loan. The bank issues money, but the borrower deliberately does not return it. As a result, the share becomes the property of the bank, and the former owner remains with the money.

For this to be possible, two conditions must be met:

1. The amount of debt is more than 5% of the value of the collateral property.
2. The delay is more than three months.

Clause 1 of Art. 545.1 Federal Law No. 102:
Foreclosing on pledged property in court is not permitted if the debtor’s violation of the obligation secured by the pledge is extremely insignificant and the amount of the pledgee’s claims is clearly disproportionate to the value of the pledged property.
Unless proven otherwise, it is assumed that the violation of the obligation secured by the pledge is extremely insignificant and the amount of the pledgee's claims is clearly disproportionate to the value of the pledged property, provided that at the time the court makes a decision to foreclose, the following conditions are simultaneously met: the amount of the unfulfilled obligation is less than five percent of the value subject of mortgage; the period of delay in fulfilling the obligation secured by the pledge is less than three months.

Owners of shares resort to this scheme when there is no hope of selling the share profitably.

○ Purchase and sale

In this case, a regular sales contract is drawn up, the essence of which is described in Art. 549 of the Civil Code of the Russian Federation.

Clause 1 of Art. 549 Civil Code of the Russian Federation:
Under a real estate purchase and sale agreement (real estate sale agreement), the seller undertakes to transfer a land plot, building, structure, apartment or other real estate into the ownership of the buyer.

The text of the contract must include information about all persons living in the apartment, indicating their rights to living space. After signing the purchase and sale agreement, it is necessary to register the transfer of ownership in Rosreestr.