How to properly purchase an apartment?

Choosing an apartment is a difficult task, but the question of how to properly purchase an apartment and prevent loopholes for scammers worries potential buyers much more. Knowledge of the procedure for drawing up documents and state registration of rights will help to fully answer the question of how to properly complete the purchase of an apartment.

What to check before buying an apartment

When the seemingly endless review of options is over, and the choice in favor of one of the apartments has already been made, the question clearly arises of what should be paid attention to before starting the transaction.

How to purchase an apartment

The results of the inspection were completely satisfied, which means that you can proceed to the issue of registering the purchase of an apartment. Initially, it should be noted that the apartment is real estate and it is subject to the requirements of the law for the execution of real estate transactions. Before the conclusion of the main contract, it is possible to conclude a preliminary

The transfer of ownership is carried out on the basis of the relevant sales contract. Article 550 part 2 of the Civil Code of the Russian Federation establishes the requirements for the conclusion of such an agreement in simple written form under pain of its invalidity. Notarization is not required, but certification of the contract by a notary will not contradict the law and will not invalidate it, on the contrary, it will simplify the procedure for registering the transfer of rights. The contract can be drawn up by the parties on their own or they can seek help from specialists. But in any case, it must fully comply with the law.

The transfer of rights to an apartment is subject to registration by the state in the manner prescribed by law. Registration is carried out by the authorized body - Rosreestr. Information about the rights to the apartment is entered into the USRN. After registration, a document is issued confirming the transfer of rights - an extract from the USRN.

Each of these stages of the transaction should be dealt with separately.

Requirements for the content of the contract of sale

Before signing the contract, be sure to read and evaluate the presence of mandatory clauses in it from the point of view of the law.

1. Information about the subject. According to the requirements of Article 554 Part 2 of the Civil Code of the Russian Federation, the subject of the contract must be described in such a way that it can be individualized and clearly distinguished from other similar ones. When signing the contract, you should pay attention to the indication of the address of the location of the apartment, it must be complete. It is also mandatory to indicate other individualizing features of the apartment, such as the cadastral number assigned by the BTI. Additionally, pay attention to the characteristics of the apartment.
2. Price information. Article 555, part 2 of the Civil Code of the Russian Federation provides, as a mandatory condition of the contract, information on the price of real estate. The price is determined by agreement of the parties - the seller and the buyer, and can be any. Often the seller offers to reduce the price specified in the contract to reduce taxes, but this is not beneficial for the buyer. This should be remembered, since the amount of the tax refund for the buyer will depend on the price indicated in the contract.
3. Information about all persons who will retain their rights to use the residential premises in the event of its sale. The list of these persons, as well as an indication of which rights to be preserved, should be contained in the contract.

It is these conditions that are mandatory and, first of all, they should be paid attention to when signing, but this does not mean that other provisions of the contract should be ignored. The contract must be read in full. The data of the parties to the contract, the procedure and method of transferring real estate must be subjected to verification for compliance with reality. The buyer has the right to participate in the drafting of the contract and ask to exclude items that do not suit him or replace them.

Transfer of the apartment

The Civil Code of the Russian Federation defines special conditions for the transfer of an apartment, according to which a document confirming the transfer of real estate must be drawn up. Most often, the seller and the buyer draw up an act of acceptance and transfer and mutually sign it. The signing of the act plays an important role and confirms the buyer's agreement that the apartment being purchased meets the requirements for the quality of the dwelling.

Such a document can be replaced by another similar one, which will confirm the acceptance of the apartment by the buyer and its transfer by the seller. What kind of document it will be can be provided for by the contract.

Recently, a clause in the agreement on the acceptance of an apartment and the consent of both parties has been increasingly used. Thus, in the hands of the parties there is one document instead of two that fully meets the requirements of the code.

At the same time, an important point for the buyer is that the signing of an acceptance document for an apartment of inadequate quality will not release the seller from liability for improper performance of the contract.

Transfer of money

After signing the contract, another important point will be the transfer of funds. Currently, payment of the amount can be made in cash or by bank transfer. The one and the other order is fraught with a lot of nuances.

If the option with the transfer of cash is chosen, then it is imperative to comply with security requirements in order to protect yourself from the occurrence of unforeseen criminal situations. The moment of transfer of money must be agreed upon by the partners in the transaction. After the transfer of money, it is best to receive a document from the seller that will document this - a receipt. This document should reflect the data of the persons who transferred and received the money, as well as the amount and for what and when they were transferred. The place for the transfer of money must be chosen, taking care of security, it is also advisable to invite witnesses who, if necessary, can confirm the transaction and the transfer of funds in court.

Another way is to transfer money through a bank cell. The disadvantage of this method of payment is the additional cost of paying for a bank cell. A definite plus is safety. The agreement with the bank may provide for the conditions under which the seller will have access to receive funds

Don't know your rights?

It is also possible to use non-cash payments by transfer or letters of credit. But all calculations made with the help of banks are rarely used in relation to individuals, since many do not want to bear the additional costs associated with servicing a bank.

State registration of the transfer of rights to an apartment

Currently, the registration of the contract for the sale of residential premises is no longer a necessary action. Registration is subject only to the transfer of rights, the basis for which is the contract. This rule was introduced by Federal Law No. 302-FZ dated December 30, 2012 “On Amendments and Additions to Chapters 1, 2, 3, 4 Part 1 of the Civil Code of the Russian Federation” and applies to all transactions concluded after March 1, 2013.

The transfer of rights is registered in accordance with the requirements established by Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”. The actions of the authorized body for registration, in fact, are an act of recognition by the state of the rights of citizens to real estate.

Registration is an entry in the Unified State Register of Real Estate, after the completion of the procedure, the interested person receives a document indicating that he has registered rights to a particular property. To perform this action, the interested person should contact the body authorized for registration, in Russia it is the Federal Service for State Registration, Cadastre and Cartography (Rosreestr and its territorial bodies). In addition to this body, documents can be submitted through multifunctional centers or by mail, as well as electronically (for example, through a notary).

The period during which registration is carried out is established by law and is 18 days from the date when the application was accepted. And if the documents on the basis of which the transfer of rights is carried out are notarized, such a period will be only 5 days.

What documents are required for state registration of rights

The procedure for state registration of rights, including the transfer of rights, is initiated on the basis of an application. Documents confirming the fact of transfer of rights to a specific real estate object must be attached to the application without fail. This document must contain a request for registration. The list, as well as the application form, can be found in the territorial department of Rosreestr. Moreover, the registration authority is not entitled to demand other documents, except for those established by law.

When applying in person, you will need to present a passport; if a representative is sent to perform actions, it is necessary to provide him with a notarized power of attorney, which will contain a list of the representative’s capabilities.

Documents to be attached to the application:

All documents are submitted in 2 copies, one copy is a copy, the other is the original. There is no need to worry about the original, as it will be returned at the end of the registration of the right.

The registration procedure is paid, its cost for an individual will be 1000 rubles. The receipt of payment of the state fee is not included in the mandatory list of documents attached to the application.

In what cases can state registration be denied?

There are also cases when the buyer may be denied state registration of the right. Such cases are established by law and are most often based on mistakes made when purchasing an apartment or when applying to Rosreestr for registration. Some grounds are easier to exclude when drawing up documents that serve as the basis for the transfer of rights.

If the wrong person applies for registration, then the registration of the right must be refused. This rule suggests that in the case of sending the right of a representative for registration, one should be more careful about drawing up a power of attorney and in no case forget about it.

The second rule will require great care at each stage of the transaction, as documents that do not meet the requirements of the law are not accepted. Which will result in a denial of registration. Also, a refusal will follow if it is found out that the person acting as the seller or his representative did not have the right to dispose of this property.

However, even in the event of a refusal to register the right, one should not despair. The refusal can be challenged in court. And in this case, all the documents drawn up and witnesses to the transfer of money will be required.