Registration of the purchase and sale of an apartment: step by step instructions
The process of registering the purchase and sale of an apartment is quite complicated and requires special attention. The seller must think over the sequence of the upcoming transaction, consider all possible risks and subtleties, and also prepare all the necessary documents in advance. To have an idea about the process of making a transaction, you need to familiarize yourself with each of its stages.
Transaction options
Currently, there are several ways to conduct a transaction. Each has its pros and cons, but they are all in demand in their own way.- With the help of a notary
The buyer is not always aware of what documents should be required from the seller and. The notary will also take care of this and tell you all the possible nuances and risks.
- Self clearance
- With the help of a realtor
- assistance in the sale and search for the necessary apartment;
- organization of viewing and display of the apartment;
- decision on the timing of the transaction;
- organization of the payment of the deposit or advance payment;
- advice on all possible issues related to the purchase and sale;
- verification of submitted documents;
- organization of transactions and settlements.
Required documents
In order to competently and without delay arrange the purchase and sale of an apartment, you will need to collect a complete package of documents. Without the presence of any one necessary document, the transaction is either delayed or completely interrupted. In this case, the seller risks disrupting the deal and losing the buyer. Preparation should be taken with the utmost care.Documents required for registration of the purchase and sale of an apartment:
- Main documents:
- Marriage certificate (if the seller is married), if the apartment being sold was purchased during the marriage. This certificate must be drawn up through a notary public.
What does spouse consent look like (example):
Additional Information. Consent to the sale is necessary so that in the future the spouses do not have conflicts about the fact that the spouse sold the home without the knowledge of the other.
- Documents to confirm the ownership of the apartment (such a document may be a certificate of registration of rights, a rent or donation agreement).
- Technical or cadastral passport of a dwelling from the BTI.
Note! The validity of such a passport should not exceed 5 years. Otherwise, a new one must be ordered through the Technical Documentation Bureau.
- Permission from the guardianship authorities. If the owner of the apartment (or its share) is a minor. This permission must be obtained to provide information that the rights of the minor are not violated.
Important! Permission is issued on the condition that the child will soon be registered in another apartment (to be bought or to relatives). The child must have.
- Three copies of the contract of sale. Each of the parties (seller/buyer) receives one copy, the third is intended for the registration authority.
- Power of attorney and identity card of the seller.
Note! The most common fraudulent scheme is the sale of an apartment allegedly by proxy. Very often this document is fake. It is advisable to immediately check the trusted person for reliability.
- Certificate of no debt for an apartment.
Note! Buyers are very willing to make a deal if the seller already has a complete package of documents ready, and all because this significantly shortens the process of its execution.
- Documents confirming the purity of the transaction:
- An extract from the house book, received no earlier than 1 month before the proposed transaction. It reflects information about all persons living (registered) in the apartment being sold. Also, from the extract, you can get information about the presence of an arrest or encumbrance on the apartment (if any).
- Additional package of documents:
- Previous contract of sale.
- Certificate of capacity of the seller. It is needed only if the seller is an elderly person, a disabled person or a suspiciously emotional person.
Note! Often there are cases when the purchased apartment is returned through the court to the owner or relative of the owner due to his incapacity.
For example, very often elderly grandmothers, who are already poorly aware of their actions, sell their apartment for a low price to strangers. As a result, it turns out that the grandmother was simply in an inadequate state at that time. Therefore, it is recommended to always demand from the seller a certificate of his capacity.
What documents are required to sell an apartment (video)
The video tells about the main documents required when selling an apartment. The nuances of the transaction are considered in detail. Consultant - director of a real estate agency.
More about the documents required for the sale of an apartment-. If you are interested in the list of documents for purchase, then it.
Where are documents submitted
You can draw up a contract for the sale of an apartment in the following places:- In the Multifunctional Center (MFC).
- At the Registrar's Office.
The order of registration of the transaction
In order to arrange the purchase and sale of an apartment in the correct order, it is necessary to plan in advance the course of your actions.- At the first stage, all documents are collected (it is advisable to take care of the availability of additional documents). Then the seller must queue up at the Rosreestr to register property rights.
- At the second stage, a contract for the sale of an apartment is drawn up and certified. An act of acceptance and transfer of the apartment being sold to the buyer is drawn up.
- The third stage involves a cash settlement with the seller, passing the state registration and receiving the keys to the apartment.
How to draw up a contract for the sale of an apartment
This agreement is drawn up according to a single model. It can be compiled in printed or written form (but not in any way orally).Sample contract for the sale of an apartment:
Before concluding a contract for the sale of an apartment, both parties must discuss the entire process of the transaction, discuss all the nuances and conditions of the future agreement, as well as the procedure for calculating. One of the highlights is setting the exact price for the apartment. If the seller lowers the price of the property in order to "reduce the tax", he will eventually be able to deceive the buyer with ease.
After filling out the contract of sale, you need to sign it.
Important! It is desirable to settle accounts with the buyer in the presence of reliable witnesses or with a notary.
How much does it cost to buy and sell an apartment
If we consider registration with the participation of a notary or a realtor, then this process can become very costly, but more reliable. Consider the approximate cost of services in three options:- Purchase and sale at the notary
- With the help of a realtor
- Independent registration of the purchase and sale of an apartment
List of expenses:
State duty - 2000 rubles.
- Technical passport of the apartment - from 1000 to 1500 rubles.
- Cadastral passport - 250 rubles (see also -).
- Certificate from Rosreestr - 200 rubles.
- Registration of a power of attorney (if necessary) - 500 rubles.
In this case, the seller of the apartment spends little money on the transaction, but he is exposed to all sorts of risks.
Note! Prices shown are approximate and may vary slightly.
The nuances of an independent transaction without the participation of a realtor / notary
Self-selling an apartment requires special care and caution. There are many nuances in this case, the main thing is to study and remember them:- It is advisable not to pay the amount of the deposit in excess of 80-110 thousand rubles. And be sure to take a receipt from the recipient of the money. Read how to compose it correctly.
- It is not recommended to agree to the request of the seller to specifically underestimate the price of the apartment. The situation can turn against the buyer. And if something goes wrong, then the court will be able to recover only that smaller amount from the seller. Although it usually does not come to this, and the seller goes for it to evade taxes.
- If the apartment is purchased from the developer, then you should very carefully check all the documents and information:
Constituent documents of the developer (certificate of state registration, charter).
- Financial statements for all periods.
- Project declaration.
- Building permit for land. - If an apartment is purchased with a mortgage, it is very important to first resolve the financial issue with the bank. Sometimes it happens that the process of buying and selling has already begun, and the bank abruptly refuses a loan. In the end, everything falls apart.
- During the acceptance and transfer of the deposit, it is desirable that it indicates the penalties that will need to be paid if the terms of the contract are violated.
If the seller / buyer has carefully studied all the points of registration of the sale of an apartment, prepared all the necessary papers, then he will certainly avoid many difficulties. After all, such a laborious process can be fraught with pitfalls.
Possible risks when buying an apartment (video)
Interesting and useful information about the risks when buying a home, describes cases that are worth paying attention to. All about a dirty deal, undervaluation and forgery of documents.Features of registration of purchase and sale of a share in an apartment
If the owner owns a certain share in the apartment, then the sale of this share is very different from the sale of the whole apartment. This process is regulated by certain rules and responsibilities:- The owner must have a document confirming the ownership of shares in the apartment.
- It is necessary to issue a dedicated utility bill.
- Before making a transaction, the owner is obliged to notify the other tenants of this apartment of his decision and invite them to buy out his share.
- Be sure to issue a written notice to citizens living in the apartment about their decision to sell the share. It is desirable that it be certified by a notary.
Note! Only after the refusal of other tenants of the apartment to redeem the share, the seller has the right to sell it to other persons.
Purchase and sale with the participation of relatives
Registration of a transaction between relatives occurs in the same order as discussed above (see "Procedure for processing a transaction"). There is no difference who will be the buyer, whether it be the grandson or the husband. Usually, families resort to this type of transaction as an alternative to a gift agreement or, considering the sale and purchase to be more reliable and undeniable. Such transactions can even be considered fictitious, since most often no funds are transferred between its participants.New rules for selling an apartment
Every year, the legislature amends the rules for selling an apartment in order to simplify the procedure and reduce speculative transactions in the real estate market.Changes in terms of sale:
- The sale of a share in an apartment must now be registered with a notary.
- When dividing property in marriage, it is necessary to certify with a notary all the documents confirming this process (and the agreement on the division of property).
- If the apartment being sold has been owned for less than 5 years, then it is burdened with a mandatory 13% tax. Previously, the term was only 3 years. There are exceptions: taxes (after 3 years) will not be levied on apartments inherited by donation (see also -), rent and privatization (see also -).
You will learn from the following article.