Sale of an apartment: documents and transaction procedure

For any real estate seller, probably the most important step in the whole rather troublesome procedure is the conclusion of a sales contract.

In fact, in order to put the coveted signature on the document and receive the desired monetary reward for previously owned real estate, you need to go quite a long way.

The most important thing for both the seller and the buyer is to achieve the desired goal. And for the transaction to be successful, you will have to make a lot of effort.

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Do not think that selling an apartment is very easy. The whole process requires serious preparation. Well-written documents are a guarantee that everything is done correctly.

It is very important to pay special attention to the collection of documents necessary for concluding a transaction. Sometimes the absence of any of them can significantly affect the timing of the transaction.

What documents are we talking about:

Passport of a citizen of the Russian Federation. If the seller is the owner of the apartment and is independently engaged in its implementation, then the original document will be required from him. If a trustee participates in the transaction, a copy of the owner's passport must be certified by a notary. There are situations when the owner of the apartment is a minor. Here it is important to prepare not only the birth certificate of the owner, but also to take care of the availability of documents of the person who will express the interests of the minor at the time of the transaction;
Documents confirming ownership.

These documents include:

contract for the sale of real estate;
a document confirming the privatization of housing;
a document confirming the fact of donation of real estate;
will or documents on the transfer of housing by inheritance;
documents stating that housing was received as a result of equity participation in construction or housing cooperatives;
a court order that the housing was transferred to the property. Since any property goes through the registration procedure, it can be obtained on the basis of any document from the above list;
Technical or cadastral passport for real estate. Registration of a technical passport for an apartment is carried out without fail. For the transaction being made, it is important to clarify exactly when it was made. The fact is that from a legal point of view, the document on the technical condition of the apartment, which was drawn up five years before the transaction, will be considered correct. Otherwise, you have to visit the BTI. This is especially important if the apartment has been redevelopment;
A document confirming the absence of tax debts. If the apartment was received under a donation agreement or as an inheritance, tax authorities must confirm that there are no debts behind it;
Information from the house book. To obtain an extract, you must contact either the passport office or the company that serves the house. In these instances, it is required to submit documents confirming the identity of the applicant and the right to housing. Information from the house book contains data on citizens who are registered in this living space, the presence of a personal account of the apartment and its condition, the absence or presence of arrears in payments for utilities. Selling an apartment with debts will not work, so you should take care of paying them off in advance;
Information on real estate from the Unified Register. This document is optional. But the buyer has the right to demand it. To obtain an extract, it is worth contacting the regional branch of the USRR. This certificate contains information about the seller's ownership of this property, as well as the absence of any restrictions on the sale;
Consent issued by the guardianship and guardianship authorities for the transaction. Under guardianship of the state there are minor children and persons having the status of invalids. If someone from this category of citizens is the owner of housing, his interests should be protected by guardianship and guardianship authorities. Having studied the documentation and the terms of the transaction, the service can give consent to the sale of housing only if the rights of children and the disabled are not violated, and living conditions do not become worse than before;
Documents on state registration of marriage or divorce. The presence of the owner's spouse implies the submission of not only marriage documents, but also a written consent to the sale of real estate. If the spouses are divorced or have died, documents confirming this fact are required.

If the seller got the apartment under a donation agreement or as an inheritance, and he also privatized the housing while still married, permission from the spouse is not required.

Standard procedure for selling a share in an apartment

Any owner has the right to sell his share. To do this, he needs to obtain consent from other co-owners. It is also necessary to draw up a written notice of such intentions.

This is done so that the owners of other shares in the apartment have the right to acquire your share on priority rights.

If, after one month, none of them has expressed a desire to acquire the proposed property share, the seller has the right to engage in its sale to other persons.
Visit to Rosreestr

Rosreestr operates in accordance with the law "On state registration of rights to real estate and transactions with it" (07/21/1997 No. 122-FZ).

This law regulates the list of documents required for re-registration of an apartment to another owner.

In our time, to complete a purchase and sale transaction, the following documents are required:

application for the procedure of state registration of real estate;
payment of state duty;
documents confirming the right to own this apartment (contract of sale, act of acceptance and transfer of real estate). In some cases, other documents may be required:
written consent of the spouse for the sale of housing (certified by a notary);
consent of the guardianship and guardianship authorities to the transaction.

When visiting Rosreestr by persons interested in the transaction, it is necessary to have passports or powers of attorney from the owner with them if the transaction is made through an authorized representative.

The procedure for selling an apartment: step by step

Self-sale of an apartment involves the following steps.

Stage 1. Collecting a package of documents and preparing housing for a deal

Many citizens who were engaged in the sale of apartments believe that the first stage is probably the most troublesome and lengthy. Indeed, the success of the transaction depends on the preparation of a package of documents, in accordance with all requirements.

It is clear that the faster the documents are prepared, the faster the deal will be completed. But the speed in collecting documents is not the most important thing. Much more important is the conclusion of a clean, from a legal point of view, deal. And the price of the issue may depend on this.

Buyers are always trying to speed up the promotion of the transaction. If the object of sale suits them in all respects, it is difficult to sit waiting for the seller to deign to collect all the documents. Therefore, often sellers resort to the help of specialists.

It is they who will competently draw up an accurate list of the necessary documents, and the seller will not spend additional time looking for unexpectedly demanded certificates.

Significant influence on terms of registration of the transaction has correctness of drawing up of documents. Sometimes the slightest mistake can postpone the transaction for an indefinite time.

It is better to play it safe and get full information about the requirements for the design of each paper.

The seller must check the conformity of all the facts stated in the papers with the realities. Sometimes the discovery of inaccuracies during the registration of a transaction can lead to its cancellation. Entries in documents must be made legibly, without corrections.

It was previously mentioned that at the first stage it is necessary not only to collect documents, but also to prepare housing for sale. What was meant?

The concept of “preparing an apartment” includes not only giving it a “presentation”. Cosmetic repairs and cleanliness in the apartment are very important.

But no less important is the absence of residents in it. If the owner has already decided to start selling his property, care should be taken that the tenants are discharged. Any buyer does not want to have anything to do with the previous tenants, everyone needs a completely free apartment.

Stage 2. Search for potential homeowners

This stage, first of all, involves the assessment of the seller of his apartment. The next step is to look for people who would like to buy it.

Stage 3. Drawing up a preliminary agreement on the purchase and sale of an apartment and paying for it

In the real estate market, it has long been a practice to conclude a preliminary contract for the sale of housing. In fact, such an agreement may not be concluded if there is absolute confidence in the decency of the buyer.

But the best way to guarantee that the transaction will still take place is to draw up such an agreement. Having it on hand, both the seller and the buyer will be calm. By this agreement, the parties to the transaction confirm their consent to its conclusion.

It additionally contains information about the receipt by the seller of a certain amount as an advance or deposit.

Some subjects of the transaction, without concluding a preliminary contract, sign a written agreement that the seller receives a certain amount for the transaction.

Be careful about making entries in the agreement regarding the receipt of money. The fact is that an advance is very different from a deposit.

You should not rush, you should try to understand the essence of both types of payments. Thus, you can avoid unpleasant nuances in the event that the transaction for some reason does not take place.

For example, if the buyer pays an advance, then in the event of termination of the agreement to purchase a home, this amount is fully returned to him.

If a deposit is paid for the purchase, but one of the parties to the transaction later refuses the transaction, then a fine is paid.

That is, if the seller refuses to conclude a deal, then he is obliged to fully return the amount of the deposit to the buyer. If the refusal comes from the other party, then the deposit remains in the possession of the seller.

There is no official sample for drawing up a preliminary contract, so it is drawn up at the discretion of the parties to the contract.

This paper must contain the data of the subjects of the transaction, addresses, information on the object of sale, the timing of the conclusion of the sale and purchase transaction, and also indicate the type of advance payment and its size.

At the end of the document, the date must be put down, after which it is certified by the signatures of both parties to the agreement.

Stage 4. Payment of the cost of the apartment

Payment for an apartment can be carried out in two ways: cash and non-cash. Also, the parties to the transaction independently agree on the time of payment. That is, it can be made either directly at the conclusion of the transaction, or at the signing of the act on the transfer of housing.

The most reliable payment option is considered to be payment through a bank cell. This is especially important when a person is independently engaged in the sale of housing.

This option of transferring money gives a full guarantee to both parties of the transaction: the seller will receive the money in the prescribed manner, and the buyer will become the owner of the new apartment transferred to him.

Money is deposited in a special bank cell in the presence of one and the other parties. If necessary, the seller can independently check whether the amount of the transaction converges with the amount put in the cell.

If there are concerns about the authenticity of money, they can be checked here, but for a fee. Further, the money counted and verified for authenticity is placed in a special package, which is sealed at the place of sealing with the signatures of the parties to the agreement.

When all the formalities for processing and registering the transaction are completed, and the buyer becomes the new owner, the seller gets access to the money in the safe deposit box.

Stage 5. Registration of a contract for the sale of a property and registration of the owner's rights to housing

This agreement is drawn up in writing and certified by a notary.

You should not draw up a document yourself, but this, of course, does not apply to lawyers. It is best to entrust this important matter to specialists.

Particular attention in the contract should be paid attention to the fact that all data are specified correctly.

In addition, check if the document contains the following information:

the cost of the apartment;
whether the data of the technical passport correspond to the real description of the housing;
How will the transfer of money take place?
whether the contract contains data on the costs necessary to conclude the transaction;
date of release of the apartment by the former owners;
when the act of transfer and acceptance of real estate will be signed.

Registration in the relevant authority is a necessary procedure after signing the contract.

Stage 6. Transfer of the apartment to the new owner and receipt of the cost for the purchased goods