in the lives of many of us there comes a time when you need to buy or sell real estate.To prepare and conduct a transaction without errors, efficiently - need full information, what documents are needed for the sale of the apartment to the very last moment was not that lacks only one sheet of the entire list.To not have to pay to use the information services of lawyers, carefully read the rules of how to carry out the transaction for sale of individual apartments with different starting options.
How to sell an apartment
As the seller of the apartment, carefully read all the stages of pre-sale preparation.Pursuing the process yourself, you can save the estimated cost of real estate services.Another great advantage - the ability to control each stage of the sale.Despite the fact that the process is very time-consuming, requires great care, skills of work with documentation, basic knowledge of the law, you will spend the profitable deal, simultaneously gaining experience.The main stages of incrementa
- Prepare an apartment and documents it in advance.Presale dwelling involves not only repair, but also the correctness of filling the required documents.The data entered in the technical and other documentation, must coincide with the real facts, not contain erasures, corrections.To assist in checking the validity of the registration certificate in the living room can be employees of BTI.Full set of documents previously collected by the seller on the list, will accelerate the carrying out of a real estate transaction.
- examining pricing real estate market, to determine the real value of the apartment.Search buyer can drive yourself, giving an announcement in the online column or the newspapers to sell or contact the agent for help.
- Make a contract (provisional) purchase and sale of property.This gives guarantees to both sides of the process, that the seller will not sell a single room again other interested persons, and the buyer changes his mind to make a deal.The buyer must pay a security deposit, and must be documented.Composed agreement for a deposit or earnest money (different legal concepts with different implications) be signed by the two parties to the transaction.
- Take full payment for the transaction of real estate from the new owner after the signing of the act of transfer and acceptance of residential apartments.The calculation can be carried out in cash or by bank transfer.After that, ownership shall be transferred to the new owner.At the time of signing of the act all the previous tenants should be made payable to the living space.
The better and more responsible approach to the issue of housing Seller collecting and filing the documentation, the clearer and cleaner is a transaction.It may depend on not only the time spent on the search for a buyer, but the estimated value of the apartment.Due to the periodically changing requirements of registration authorities with respect to transactions of sale and purchase of premises for housing, it is better to specify in advance all the details in order to protect themselves and potential buyers from unpleasant surprises.
Documents for sale apartments
are going to sell their own apartment, you need to clearly understand which category it belongs housing.From this list of the collected documentation that must be submitted for the registration of the transaction will depend.Often the question arises, what binding instruments are needed for the sale of flats?The information below will help you, without losing too much time to collect the full set of required documents.Select your version of the documents, on the basis of the status of their property and method of payment.
privatized for cash
The main documents that are required for the transaction with the privatized property are:
- document certified by a notary public, which confirms the right to dispose of housing;
- passport (technical or topographic) issued BTI;
- documents in all prescribed at that address people: for adults - passport for minor children, if any - of the birth certificate;
- reference-resolution bodies guardianship and custody on the sale of property (in the presence of minor children);
- mutual consent of each spouse on sale, with a certificate of marriage;
- information on the composition of your family, taken in ZhEKe, a copy of the record house of the book immediately before the transaction itself (it has a short expiration date);
- reference made in their respective organizations, that at this address there is no communal debts.
Apartment for sale in mortgages - a more complicated procedure.If such a decision is ripe - you need to notify the bank or another financial institution, which is framed mortgages.Early repayment of the loan by the seller of the apartment can be carried out only with the permission of the bank to which financial institutions are very reluctant, because they lose interest income.Reference issued by a financial institution that apartment with encumbrance is removed, providing an opportunity to fix the time of the end of the mortgage, which is stamped on the registration certificate of ownership.
next step should be to find a buyer who agrees to buy this apartment with a burden for her and make a deposit equal to the amount of debt on the mortgage.money transfer must be confirmed by a notary public in order to protect the buyer's action.The transfer of the deposit agreement sure to include:
- procedure of calculation and the total amount of the sale transaction;
- maximum term over which the apartment should be issued to the new owner;
- time frame in which the financial institution should remove the burden from the apartment.
When selling an apartment through a mortgage, consider some of the nuances that before the final signing of the contract you must notify that your apartment is purchased by a loan taken from the bank's funds.Companies House has introduced a very important addition, which states that transferred funds should in the time interval of 10 days.If during this period the seller apartments money does not get - he has every right to terminate the agreement.
Rooms in a communal apartment
selling feature of the premises is a well-formed set of documents.Apart from the main list, it should include all major owners notice the other rooms are in a communal apartment.It is better if all notices will be confirmed by a notary and delivered against signature.If the selling room registered yet others, they are required to consent to the sale of the room, notarized.Then write out all the inhabitants of the room, which is taken by reference to the former place of residence.
Selling obtained by inheritance from relatives or in the form of donation apartment, you need to be absolutely sure that after the transaction does not appear anyone else applying for this accommodation.By law, if the apartment owned by less than 36 months, at the time of its sale will be taxed 13% with a one-time grant from the state tax deduction of one million rubles.If it has been longer than this period of time - do not pay tax.
Give to a trustee should be a last resort if the self-sale housing is not available to you because of the limited physical abilities.There are several types of proxies relating to the registration of the sale of apartments.Drafted in the presence of a notary, it will protect your risks.The power of attorney should contain full information about the actions that can make a trustee, and the amount that is expected to receive for the sold apartment.
determine which attorney you need: general, only on delivery of documents or on the sale of premises.To make sure that all the conditions for the sale of apartments run, conduct a test, get the ads from your apartment, call and find out the conditions of sale.If you have even a small suspicion of fraud, it is better to withdraw the power of attorney.You can do this at any time during the sale of housing before it is completed.
Under the maternity capital
receive from the State financial support at birth (adoption) of a second child, the maternity capital, many families use this amount for the purchase of housing by using the certificate.Over time, it may be necessary to increase the living space or to relocate for other reasons.Referring to the board of trustees, parents should take the paper that the children will not be deprived of their shares and the rights to it, and the future living conditions meet sanitary standards and are no worse than those in which the children live at the moment.
family members of all ages necessarily have ownership interest in selling the apartment.Statement by the parents, written with his own, must include a confirmation that they agree to establish a children's comfortable living conditions.Provide birth certificates for minors and passports of all adults participating in the transaction.
Sale cooperative flat you will be able to do if it is not new, and the share paid in full, and she was transferred to you as a property, what may indicate a certificate issued by the cooperative as an accountant.Having such a document, please register to own your own home in Rosreestra.After considering your request, you will be given a certificate that you - the owner.Only then you can begin to address the issue of property sales.
on protecting the rights of minors is a large number of legislative acts, stating that regardless of age, they are full-fledged co-owners of the dwelling.Guardianship agencies strictly control the process of selling apartments, where children are registered.Getting Help-approval from the board of trustees can be expected only if the future living conditions are worse than existing ones.Without this document, no real estate transaction is not considered valid.
package of documents for the sale of shares
in law the concept of shared ownership apartments right is not the square footage of the room and, as a percentage of housing units to its total area.An equal share of family ownership of four would mean that everyone has a part.If desired, one or more members of the family to sell his part of the apartment you need to have the following list of documents in the original or copies certified by a notary public:
- legal documents drawn up in the shares between the owners;
- proof of ownership of the share allocated;
- personal accounts for utilities apartment;
- extract house register or a certificate from the housing;
- cadastral plan and technical passport issued by the BTI;
- notarized confirmation that the seller is not, or is officially registered marriage (if the spouse must be a written permission for sale);
- written waiver of other equity owners, certified by a notary, of the benefits of buying the share sold;
- confirmation of payment of state duty;
- contract of sale of shares of the apartment.
Making the purchase and sale (signing the contract)
In the last stage of the transaction is reasonable questions may arise: how to make contract of sale, in compliance with all laws, what documents need to be sure to sell the apartment?Notary or other representative, fluent in the legal information, will help you draw up a contract, which must contain:
- official data of the buyer and seller apartments;
- the exact address of the apartment sold, including floor area;
- transaction price for the apartment;
- a specified period, in which the former owner must leave the living room (better if it happens before the time when the agreement will be signed), and sanctions in case he does not fulfill on time;
- date of the document;
- signing parties to the transaction, certified by a notary.
Register of the sales contract in Rosreestra
Rosreestra Registration can be done in two ways - in person and by sending documents by mail.Both parties to the contract (buyer and seller), appearing in the territorial authority, to which the apartment is sold, must personally write a statement of transfer of ownership right.Forms completed and submitted on the basis of the passport, in the presence of the registration service.If one of the participants of purchase and sale is not available, it may replace the trustee whose rights have been confirmed by a notary.
If both sides decide to take advantage of postal services in the envelope is invested not only the application of the established sample, but copies of passports, notarized copies of documents for the transaction and confirm the original signatures on applications.Letter sent with acknowledgment of personal service, with the attached list of contents and declared valuable.After the sale of property is completed and file a tax return PIT.
video about the procedure of purchase-sale apartment
Summing up the possibility of selling apartments of different forms of ownership, it becomes clear that to address the issue should be approached very responsibly in every situation.Before you start your search to find customers, you need to sell an apartment, a full list of required documents.To save on payment of services a realtor who is not always able to provide expert help, you can collect the whole set of documents for the transaction to sell the apartment and out on their own.
See illustrative example of this approach in one of the suggested videos below.Full control of all stages of the transaction will allow to be assured that at the final stage did not meet the "pitfalls" and documents, you can check yourself.The evaluation of the cost of housing, compliance plan apartment in the data sheet and the actual position of the walls, with the prescribed time sellable area residents - all this will accelerate the procedures of the final signing of the contract "Purchase and Sale" and the transfer of funds, even if the sale of the mortgage.
sale without a realtor
transaction to and from