How to arrange the purchase and sale of an apartment? Necessary documents, deposit, registration

Buying an apartment is a very, very responsible process. Everyone who decides on it is obliged to pay the closest attention to the procedure. The process of buying and selling is understood as the transfer from one owner to another of the right of ownership by means of monetary settlement.

How to arrange the purchase and sale of an apartment according to all the rules

So, what is the process of buying real estate? After choosing a housing option, you need to check the documents of the seller. If you lack your own experience, it is best to contact a notary or a lawyer. In addition, an appraisal of the acquired property should be made. This can be done both by yourself and by resorting to the services of realtors.

Before you make a purchase and sale of an apartment, it is very important to trace the history of the purchased housing - who and when was registered in it, under what circumstances the ownership was transferred. This is done in order to get rid of potentially questionable points.

It is very important to carefully study the list of those who are registered in the apartment at the moment. People may well live in another place, but at the same time be registered in the housing that is for sale. The behavior of the person from whom you purchase property should be given the closest attention. The owner of residential property must be at least adequate, calmly and without embellishment, describe the advantages and disadvantages of the property being sold. There should be no oddities or suspicious moments in his behavior.

In the event of certain doubts, the capacity of the latter should be clarified. If this is not done on time, the purchase and sale transaction can subsequently be challenged in court. Of course, you don't need such surprises.

Check everything carefully!

The same applies to other owners - usually relatives of the owner. For each of them, you need to find out exactly how the property came to be owned. Let's say the apartment was inherited by will. In this case, troubles are possible in the form of unexpectedly arising other applicants for the bequeathed apartment. Litigation with them can greatly delay and complicate the process of buying and selling, or even completely disrupt the deal.

The same rules apply if the purchase and sale of a share in an apartment is to be carried out.

If one of the owners of the apartment being sold has acquired the rights to this property through the court, it should definitely be clarified whether it is possible in this case to challenge the court decision. One of the most serious factors is the presence of minors registered in the apartment. This moment is very important. After all, it is impossible to sell the living space on which the child is registered without the consent of the guardianship authority. To obtain reliable information, it is best to send a request to the appropriate authority.

Completion of the preparatory stage

For the procedure of signing the necessary documents, all participants in the transaction must be on site and available on any day. The procedure will be delayed if one of the owners is temporarily absent. It is even worse if he is put on the wanted list or spends time in prison. In this case, the sale and purchase transaction is rather inappropriate.

The completion of the procedure for checking the apartment for legal purity will be the submission of a request to the utilities, which include the housing office and the BTI. This is necessary to clarify the future prospects of your property in the eyes of utilities. After all, it is quite possible that the house is planned for demolition, or certain development will be carried out on the immediately approximate territory.

Having collected all the necessary information and making sure that the documents presented are legal, you can finally decide whether or not to agree to this option. Before signing the act of purchase and sale of an apartment, reliable information about the owner can be clarified by submitting a request to the USRR.

Making the deal right

The contract of sale is the key document in the process of buying any property. The current legislation regulates its legal assurance. This is done in a notary's office or in a real estate agency. In the same place, if necessary, you will be provided with a contract form (sample) for the sale of an apartment. The Civil Code of the Russian Federation (its article 550) allows for the independent execution of such a document. In this case, its constituents should pay attention to the presence of all mandatory items.

These include: a description of the home for sale, the price, a list of parties involved in the transaction, the order in which the funds must be transferred, as well as a list of those who receive the right to use this property. The last point needs to be clarified in the case when there are several owners of the future apartment.

What documents must be collected before the purchase and sale of an apartment is formalized? First of all, it is a general passport. When the buyer is married (married), and the marriage is officially registered, you should present a marriage certificate and a passport of the second spouse, as well as the consent of that person to conclude the transaction. Article 35 of the Family Code of the Russian Federation states that the spouse must be notified of the intention to purchase a home. In the absence of their legally formalized consent, the apartment purchase and sale transaction can be terminated through the courts.

If the living space is issued to the owner who has not reached the age of majority, a birth certificate is provided.

Registration of a contract for the sale of an apartment

Having drawn up the text of the contract, both parties carefully study it, checking for the presence of all necessary conditions. Then the buyer and the seller sign the contract in the registration authority according to the Signing is made in the presence of an authorized registrar. It is from this moment that the contract is considered concluded.

A certain amount of state duty is paid to the budget for signing it. Funds are contributed by both sides. In addition to the contract, a deed of transfer must be drawn up. Its signing and entry into force can only occur if the entire amount of the obligations specified in the contract is fulfilled. Well, at the last stage, finally, there is a registration of the contract for the sale of an apartment, indicating the transfer of ownership of this property.

To issue it, you should select the following list of documents: an application for the transfer of property rights from the seller to the buyer, the contract for the sale of an apartment itself, a receipt for paying the duty, and a registration certificate for the apartment. In addition, you will need passports of both the seller and the buyer and owner of the apartment.

If the purchase procedure is executed in accordance with all the rules, then upon its completion, the buyer has the following documents in his hands: a copy of the direct sale and purchase agreement, a deed of transfer and a document on the transfer to the new owner of ownership.

Buying a home with a mortgage

Buying an apartment can take place through a mortgage. In this case, the main package of documents should contain, in addition to the above, an expert opinion on the market value of real estate, a document registering the encumbrance, an insurance contract for an apartment. How to arrange the purchase and sale of an apartment in this case? The only difference is the presence in the text of the main contract of certain conditions, the observance of which is regulated by law.

Most often this refers to the circumstances and timing of the transfer of real estate. A clause on the preservation of housing in one state or another is possible. Force majeure circumstances must be negotiated directly by the participants.

The seller's obligation is to provide the buyer with information about third parties from which claims to ownership are possible. When the contract is concluded, the buyer loses the right to refuse the transaction without a good reason. Within the agreed timeframe, payment for the purchased housing must be made. If the buyer refuses to pay the amount of cash specified in the contract, the seller has the right to raise the issue of non-compliance with the terms of the contract.

About the pros and cons

What are the advantages and disadvantages of concluding this agreement? The main plus is the possibility of notarization and legislative support. In case of violation of the conditions, obligations and terms prescribed in it by any of the parties, the other participant has the legal right to demand the execution of the clauses of the agreement in the prescribed manner.

If circumstances arise that are not provided for by the clauses of the contract, the presentation of relevant requirements is possible within a three-year period from the date of the procedure for registration and certification by the signatures of the act of sale. During the year, the buyer has the right to file a claim with the court in case of non-satisfaction of the basic requirements.

The main drawback of this document is the possibility to challenge its validity. This happens in case of incorrect execution or violation of the requirements of the law regarding the conclusion of the transaction. The procedure for contestation is carried out through the court. This can be done on the initiative of both the buyer and the seller.

Do you need agent services?

Is it worth it or not to contact a real estate agency to buy an apartment? Its employees will take a certain percentage from you for their services in selecting a purchase option, collecting the necessary documents and legalizing the transaction, usually amounting to a fairly impressive amount of money. But it seems that in this case the economy is inappropriate. After all, real estate agencies employ professionals who specialize in this particular industry. They always have a standard form for the sale of an apartment, drawn up taking into account all the subtleties.

As you know, it is easy for an ignorant person to get into a mess, not knowing certain nuances. Suppose, at the time of purchase, the issue with all those registered in this living space has been "settled". But earlier, a person serving a prison sentence at the time of the transaction could be registered in the apartment. For the period of the sentence, such a tenant should automatically be discharged. But upon his return, he can exercise his right to reside in this living space, which he will challenge through the courts.

For those who nevertheless decided to act independently, we provide a preliminary contract for the sale of an apartment, a sample of which is mandatory at any notary or real estate agency.

Transfer of money

When calculating, it is best to transfer funds in the presence of a notary or reliable witnesses. Then, in the event of any complications, they will be able to confirm the fact of such a transfer. The most reliable and safe option for settlements in transactions is the use of bank services. In this case, the amount of money is recalculated in the presence of a bank representative, sealed with the signatures of all parties and kept until the fulfillment of all clauses of the contract.

If you still decide to resort to the services of a notary, it is better to choose his candidacy yourself, and not agree to the one offered by the seller. In addition, do not forget to carefully check the documents of ownership of the property if the seller has owned it for less than six months.

Purchase and sale of an apartment - deposit

Now let's talk about such a thing as a deposit. It is understood as the amount of money transferred to the seller by the buyer as proof of the seriousness of intentions in acquiring a home. Having received the deposit, the seller undertakes to refrain from selling this property to third parties until a certain period of time.

The meaning of the deposit is to guarantee the success of the transaction and to consolidate the intentions of the parties. At the final settlement, the amount of the deposit must be officially set off as part of the total cost of housing.

The deposit agreement (preliminary contract for the sale of an apartment), the sample of which, although not approved by law, is drawn up, nevertheless, in compliance with all legal subtleties, only then will it have the force of law. If such an agreement is drawn up, and the deposit is transferred, it becomes the buyer's obligation to purchase this particular housing. If he prefers an alternative option, he loses the entire amount of the deposit, which remains at the disposal of the seller. If, after receiving it, the seller changed his mind to complete the transaction, he is obliged to return the amount of the deposit, as a rule, in a double amount. But this circumstance must certainly be spelled out in the drawn up contract.

The usual return of the deposit amount is possible if one of the parties is unable to participate in the transaction for a sufficiently good reason (a sharp drop in the financial situation, the occurrence of any force majeure circumstances). There is a procedure for such a return solely by mutual agreement of the parties.

About the subtleties of design

How to write a good contract of deposit? It must necessarily apply to all who are among the owners of the apartment being sold. It is also desirable to designate all buyers, but the contract can be drawn up with one of them. Be sure to indicate passport data, full full name. all mentioned with residential addresses, a brief description of the apartment.

If we neglect the correct legal drafting of such an agreement and confine ourselves to the usual receipt, further complications are possible when trying to defend the violated rights in court. The buyer, if the seller refuses to sell the apartment, may lose the paid deposit. For example, it is possible for the relatives of the seller to present a medical certificate about the inadequate condition of the seller at the time of receiving the money and issuing a receipt. In this extreme case, even the court is powerless.

Don't forget the receipt

When signing an agreement and transferring a certain amount of money as a deposit, a receipt for the transfer and receipt of money must be issued. The seller must draw it up in the presence of the buyer. Such a document is written exclusively with a ballpoint pen (not with a pencil or helium paste) and only by hand, since in the event of a judicial challenge, the examination will be able to identify the handwriting of the writer.

The receipt must necessarily contain in its table of contents a link to the concluded contract for the sale of an apartment with the number and date of signing. It must contain the data of the passports of both parties and the date of its execution. The amount of the deposit is indicated in figures and must be written in words. It is imperative to indicate that the transferred amount has the status of a deposit, and not something else.

In the receipt, in addition, there must be a brief description of the property, indicating the data on the right of ownership. The seller's signature on the receipt must match the one in the passport. If you decide to print it, and not draw it by hand, it is very desirable

Upon receipt of the receipt, money should be transferred to the seller in the presence of witnesses. The transferor should require the recipient to count the banknotes and confirm the presence of the indicated amount and the absence of their own claims.