What documents are needed to buy an apartment in a new building, in the secondary market in 2023?

Last update: 20.02.2018

COMMODITY INSTRUCTION - CONTINUED:

Let's move on.

The key terms of the future deal in the Avans agreement have been negotiated (see this previous step).

At the advance stage, we agreed with the seller that he was starting the collection.A package of documents required for the purchase of an apartmentIf we are given copies for verification, we should at least see the originals (better if copies are taken with us).

You don't have to demand all the necessary documents from the seller at once – you can get them and check them gradually, in turn, and we have time for that, which was stipulated in the same Avans agreement.

For what reason Rosreister may suspend the registration of the sale of an apartment- look at the link.

What kind of documents should be checked when buying an apartment?

There is a minimum (mandatory, base)List of documents for the purchase of an apartment(for each dwelling transaction) andAdditional documentsthe composition of which is already dependent on the particular situation of the flat and its right holder (Seller), and these are the documents that we, as the buyer, will have to deal with.Check(i.e. obtain certain information from them).RegistrationWe're gonna need a few of these papers, and now we're gonna have to deal with it.

Mandatory list of documents to verify when buying an apartment on the secondary market:

1. Exit from the EGRP (EGR) to the apartment — This document confirms who owns the dwelling at the current date, as well as the presence or absence of charges (e.g. bail or house arrest). More detailed by reference.

   The same information is also contained in the Certificate of Registration of Tenure, but information fromEGRN ' s statementsIt's more relevant, which means it's more reliable. You can order an EGRN discharge to any apartment on our website here.

2. The document on the basis of the right of ownership — That's the main one.Law-making authorityThe paper indicates that the apartment became owned by the seller, more specifically by reference.
3. An extract from the House Book (data on "proscribed" in the apartment of the tenants) or a replacement for the Single Housing Document (ERC) is not required for registration, but we need this to obtain information on those who have a residence permit.the right to useI'll give you more details, by reference.
4. The passport of the owner of the dwelling, or a power of attorney from the owner (in the event that another person represents his or her interests).

That's the one.Core minimum documentsfor the checks that we need to get from the seller at any rate, i.e. at any rate.Buying an apartment on the secondary marketThese are the documents that give usBasic informationThe right holders of the dwelling to be purchased, and some of these documents will then be required to register the transaction with the flat in Rosreister.

Possible encumbrances of the right to an apartment, what does that mean for a sales transaction, and how to get to know the buyer?- see the link to the Glossary.

If the situation is very simple, for example, a salesman – a single adult, capable man, without a family, and an old acquaintance – has recently privatized his apartment and wants to sell it to us,Core package of documentsIt may be enough, but it's very rare.

A lot more often, when we see a salesman for the first time in his life, his suspicious appearance doesn't inspire confidence in us, and his wandering look leads to bad ideas. For real estate, it's a normal situation, and we have to be prepared for it.

The seller may have a family, thus the rights of some family members to the apartment may be different, and there may be different situations with the flat itself: it may have been privatized or bought, donated or inherited, burdened with collateral or rights of third parties, etc.

In that case, they're going to.Additional documentsThe apartment itself, the seller and his family.

And some of these.Additional documentsThis information will help us avoid a variety of surprises in the form of unexpected claims, restrictions or claims that sometimes occur after the transaction has been concluded.

Hiding fraud, teaching stories with examples from practice.

At the request of the registrar, the following documents may be required for the purchase of the dwelling:

1. An apartment's cadastral passport is needed in case the apartment isn't already on board.Inventory of land-use, land-use, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change and forestry, or if the apartment has been remodeled, more specifically, by reference.
2. Consent of a spouse to the sale of an apartment, or a marriage contract, or an agreement on the division of the common property of the spouses, or a court decision on the division of the common property of the spouses - one of these documents would be required if the sellerMarried or married at the time of receiptI want you to look more closely at the links.

     

3. Authorization of guardianship and guardianship agencies — if the seller's family hasMinorsdisabled or disabled family members, more specifically by reference.
4. Bail holder's consent to the deal - if the apartment is locatedon bail.at the bank.
5. The acceptance of the rent recipient is only if our seller has obtained a security apartment.Life imprisonmentThe former owner of the apartment, in more detail, by reference.
6. The notice of the other parties' equity transaction and their written waiver of the right to buy the majority share of the apartment is if we buy it.share of the dwelling, in more detail, by reference.

In certain regions of the Russian Federation, Rosreestra ' s local offices also require a signed Act of Reception and Transfer of the apartment as part of the package.

What do you mean, "good faith buyer" of an apartment? What kind of protection does this notion provide?Look at the Glossary by reference.

In order to complete the information, the purchaser may further require the following documents:

1. An extended (archive) extract from the House Book to obtain information onWho was prescribed in the apartment earliermore about it, by reference.
2. An extended EGRP / EGRN release will help us learn the history of the change of ownership of the selected dwelling; you can order it on our website here.
3. An opinion on the market value of an apartment is a model requirement of a bank if we use it for purchase.Mortgage.
4. The ND and PND certificates on the seller/rental-seller will calm us down a little, reducing the risk of the seller's possible incapacity.
5. A copy of the personal account and a certificate of non-payment for communal payments are data from the accounts of the housing and maintenance organization, and we can also obtain these data from the Single Housing Document (ERC).
6. The permit to remodel (if it was done in the apartment) or the Storey Plan of the apartment (to ensure that there was no remodelling);

Which one is it?Additional documentsWe're gonna need it, depending on the situation.

For example, if the seller wasn't married at the time of getting the apartment into his own property, then we won't need the wife's consent. If the seller doesn't have any children, the guardianship authorities can also rest from us. If the apartment is in a model panel house, the presence or absence of a remodeling can be seen without a "poster."

But here's the Archival of the House Book and a certificate of non-debt, it's desirable to take it either way, and the information from these documents isn't gonna be too much.

More about how to choose the right documents and how to analyse them at the next steps of the INSTRUCTION.

In the secondary housing market, the sound support of a lawyer is particularly important for the buyer.Checking the seller and the dwelling documents, reducing the risks, and accompanying the deal will help the lawyers here.

So, by encouraging the seller with a strong word and promise of eternal bliss, we sent him to collect documents, and we had just one simple but slippery question: "What to do next?"

We're about to have a whole bunch of important, beautiful, but incomprehensible papers. What kind of information do we have to draw from them? What kind of conclusions do we have to draw?

We're moving on, and we're not in a hurry, it's a big deal.

Documents of the buyer of the dwelling: list of documents 2023

What documents the seller of the dwelling gives to the buyer, what documents the buyer must obtain after registration of the sale of the apartment, a list that is relevant for 2023.

Consider options:

• A list of the documents of the buyer of the dwelling when purchasing real estate in mortgage;
• a certain part(s) of the dwelling;
• Acquisition of housing in the construction of shares;
• The purchase and sale of real property with the juvenile owner.

Buying an apartment is buyer ' s documents

• 
• After you entered into the contract, you made a payment to transfer the apartment to your property and register your acquisition to the authorized organization, Rosreestre.
• In theory, most of the documentation comes directly from the seller and all that remains to be done by the buyer is:

• Provide a passport of its own;
• Payment of State duty;
• write and file an application with the registrar.

In practice, it often happens that if you do not control the process yourself, it may be delayed for a long time, due to the identification of various deficiencies, which only affects the excessive use of the temporary resource, but also of the ragged nervous system.

Upon completion of the transaction, the parties have completely different documentation:

The seller keeps one copy of the contract and an extract from the same government where it is written that he no longer owns the property in question.

What documents remain with the buyer of the dwelling

The buyer is left with a second copy of the contract, in which the seller confirms receipt of funds from the buyer, an extract from the EGRN, a cadastral passport, an extract from the home book, a propiska and other documents.

This list may be modified depending on the documentation requested from the seller of the dwelling

It is important to understand clearly which documents for the conclusion of the sale of the real property should remain in the hands of the parties to the contract, as well as the participation of the real estate agent in the transaction, but this should not weaken the vigilance of the buyer of the dwelling.

What kind of documents a buyer needs for an apartment to buy?

There is a list of documents in force that must be collected immediately before the conclusion of the contract, but it should be borne in mind that, depending on many aspects (number of parties, special terms of the contract, mode of purchase of housing) there may be a need for additional papers.

It should be said that the entire documentation must be carefully checked for authenticity and, if any of the lists provided were to be forged or obtained by unlawful means, the transaction would be declared invalid.

So the cases in which the purchase of housing is carried out are quite different, which means that the required documentation will differ. Consider these points in more detail.

Documents provided by the seller of the dwelling to the buyer upon purchase of the share in the dwelling

At the time when an entire apartment is purchased, but only a certain part of it, a notarization of the transaction must be required

Add the following to the standard list:

1. Refusal of other owners of shares from the primary purchase of the share;
2. Copies of the certificate from all associates;
3. The authorization of the guardianship authorities to sell (if the seller has minor children);
4. The second spouse ' s consent (in writing).

Thus, the following shall be clearly shown:

• FIO and other data of the person who refuses to do so;
• which part is rejected;
• What percentage of the refusal party has of the property in question;
• The price for the share of third parties and the manner of payment accordingly.

It's important.:: This type of written refusal is a substitute for that: the law allows for confirmation that all equity participants have received an offer to buy out the part offered for sale, but no response has been received from any of them within a month ' s due time.

What documents is provided by the seller of the dwelling to the buyer if the dwelling is purchased from a minor child

Depending on the child ' s age, the registration office will need to bring:

• The consent of the parent to the sale (if the age of the child varies between 14 and 18 years);
• A contract of sale containing the signature of a parent acting directly on behalf of a minor;
• The birth certificate of the child.

What documents must the buyer of the dwelling provide for registration on mortgage purchase

In order to carry out this type of transaction, two sets of documentation must be collected:

1. directly to the banking institution itself (the mortgage);
2. to carry out legal registration.

Necessary list:

• Bank institution and buyer ' s own applications for mortgage registration;
• Confirmation of payment of the public service;
• Mortgage contract;
• A loan agreement;
• The consent of the second spouse (in writing).

What documents must the seller of the dwelling provide to the buyer when purchasing housing in the new structure

To date, there are two options for buying an apartment in a new building:

1. Acquisition of a ready-made apartment in a house that has been put into service;
2. Direct participation in housing construction.

For example, when implementing the first option, the apartment already has a owner (this may be both the developer himself and the person to whom the property was issued on the instructions of the developer), and it is concluded that such acquisition will be made on the basis of the principle of purchase in the secondary market.

With regard to participation in equity construction, two steps are needed in order to bring the acquisition to a logical conclusion:

1. Register the equity agreement;
2. Put the property on your own.

List of documentation required at the time of the conclusion of the equity contract:

1. Application for registration of a treaty;
2. A receipt for the payment of the public service;
3. Share-sharing agreement;
4. A building permit;
5. A project for a house and an apartment in this house;
6. Plan of the multi-family house;
7. A description of the dwelling;
8. The land document on which the real property is built;
9. Insurance contract;
10. Buyer ' s passport;
11. The founding documents of the developer, which include:

• Statute;
• State registration certificates and INS;
• Decision on the appointment of the Director;
• An extract from the State register of legal persons.

The DDU shall include:

• Information on the parties;
• Information on the apartment and the house in which it will be located;
• Time frame for construction;
• the amount of the buyer ' s injections.

The contract shall be provided in three copies, two of which shall bear the registration mark and the third shall therefore remain in Rosreister.

If the buyer so wishes, such a contract may be certified notarized

All other documentation must come directly from the developer.

All the buyer will have to do is personally make sure that the entire package of documents is collected in full and supervise their delivery to Rosreister.

This is necessary in order to avoid the possible refusal of registration, due to any deficiencies, lack of any qualification or other inaccuracy.

Where documents received by the buyer of the dwelling are submitted

Thus, in the above-mentioned and discussed situations in the sale and sale of accommodation, the collected package of documents must be made available, for choice, in:

• The territorial register office;
• IFC's department.

It's important.:: At the time of the transmission of the documents, it is necessary to have either the buyer himself or a trusted person who has a certificate in hand from the notary.

When the documentation is ready, it can be taken from the same organization to which it has previously been surrendered; all that is necessary for its receipt is to produce a receipt issued by an IFC employee (the registrar) at the time of acceptance.

The registration period for documentation is regulated by the legislation in force and should not exceed 18 working days.

What documents are received by the buyer of the dwelling after registration of the transaction

1. 
2. Let's talk about what particular list of documents (after you became the direct owner of real estate) should be in your hands.
3. Thus, after the documents for the registration of property rights have been handed over, all you have is a receipt from an employee of the service stating that the person in question has accepted from you a certain number of documents.

There is no doubt that this state of affairs may be somewhat tense for the buyer, since there is not even a stamp on the receipt, so let's look at this on the other side.

So, what's going to be handed over from Rostreestra after the apartment's been bought.

Buyer ' s documents after purchase of the apartment

1. The contract of sale is legally considered to be a establishing document, since it gives the new owner a right of ownership;
2. It's a reception-transmission act.

   In other words, its existence clearly indicates that there was an actual transfer of the apartment from one party (seller) to the other (buyer);

3. Thus, the very fact of registration of ownership (which, as we have said above, arises from a contract of sale concluded) is confirmed by a written release from a single registry.

To conclude, I would like to add a number of equally important points that will help to avoid many problems and certainly save enough time.

When buying an apartment, which documents the buyer receives

Upon completion of the transaction involving the sale of the property, the documents to be provided by the seller of the dwelling to the buyer are as follows:

1. The contract itself, which confirms the purchase of a dwelling, must necessarily contain the signatures of all parties to the transaction, with full decryption;
2. The act of acceptance/transfer. (but only if it was signed at the same time as the contract of sale.) Such an act is permitted by law, but it will have to be specified by a separate paragraph in the contract itself;
3. A receipt from the seller showing the specific amount passed to him for the sale of the apartment, regardless of the manner in which the money was transferred (available on the basis of cash or non-cash settlement);
4. A receipt listing the names of all the documents, which was handed over to the registry staff for registration;
5. The consent of the second spouse (if the apartment that was the subject of the transaction was purchased earlier at the time when the seller was legally married) is considered to be joint property.
6. Authorization to sell from Opeka organs (copy) is required only in situations where the owner of the premises in question has a child under age or who is deemed to be incompetent.

What documents should the buyer of the dwelling have when selling the mortgage?

It's a little different when you buy an apartment in a mortgage, so what's left of the new owner in this case:

1. Sales contract (compulsory presence of a record label);
2. The act of reception and transfer (if only it was present on the list of basic documents, at the time of transmission to the staff member of the register for registration actions);
3. Exit from the EGRN;
4. Original mortgage contract.

Copies of the loan contract, which will be certified directly by the registry employee, will remain with the organization.

Once all registration activities have been completed and completed, the mortgage will be transferred to the creditor.

Documents for the purchase of an apartment in a new building to the buyer

List of documentation required at the time the property is made available in the new structure:

• Application for registration of property;
• Share-sharing agreement (which has to be registered with the registration office in advance);
• Transmittance act;
• Certificate of payment for the full amount of the dwelling;
• Cadastral passport for the apartment.

Today, you have learned what documents the buyer of an apartment must obtain when purchasing a dwelling on the secondary market, a new building, with the participation of a minor owner, and buying a share of the apartment.

If you are a seller of an apartment, now know that the buyers of an apartment are asking for documents on a reasonable basis, and you have come to know which documents are to be shown and then to hand over the seller of an apartment to the buyer when buying the dwelling.

Method of buying an apartment in 2023

Method of buying an apartmentIt requires compliance with the requirements of the law and mandatory procedures.

In order to avoid errors and financial losses, as well as the stress of failure to register, follow the correct action algorithm described in this article.
The article is updated on 20.05.

2019 g
Pick up the smart card.With a step-by-step instruction and check your actions with it.
Intellectual map for buyers of an apartment

An algorithm for the purchase of an apartment (SHORT)

Method of buying an apartment

When buying an apartment, the buyer must:

1. Acquisition(s) of ownership
2. Register the transition from seller to buyer
3. Register ownership

Purchase of the dwelling documents and the order of the transaction

What documents are in place for these stages of the transaction?

1. The establishment of the right to real property is governed by the contract of sale and the act of acceptance and transfer
2. Registration of the transfer of the right from seller to buyer is based on the seller ' s application to Rosreister
3. The buyer ' s right of ownership is registered on the basis of a declaration of this, with the payment of a compulsory government service of 2000.0 rubles.

Method of buying an apartment on the secondary market

Buying an apartment on the secondary market requires long-term training and risk assessment of the disputed transaction.

Pre-agreements are therefore drawn up first, and written documents with a deposit are issued.

But the first step to eliminate financial losses is to obtain reliable information on the ownership of the dwelling and the absence of arrests and encumbrances.

The government fee for the e-mail release is 250 rubles, and it will come to you in the post office, usually within a few minutes.
Look at the example: An extract from the EGRN to understand what information you can get from it.

Moreover, it is the discharge from the EGRN that is the right-confirming document, since the State Registration Certificate has been revoked.

You can order an electronic extract from the EGRN.Here.It's a reliable service integrated with the EGRN.

Step-by-step plan for the purchase of a secondary market dwelling

Get an intellectual card for yourself: an intellectual card for second-market buyers of an apartment

Method of buying an apartment for cash

The intellectual card describes the purchase of an apartment at its own expense.

Of course, all these key points require further detailed explanations, which you can get from the author, which you will sign automatically once you have purchased one part of the buyer's benefit: "I want to buy real estate. What do you need to know?"

Method of buying a mortgage apartment

• A mortgage transaction is more difficult than usual because the buyer lacks the funds to purchase an apartment.
• Therefore, the main priority in this transaction is the signing of the loan contract, and only the field is the agreement for the sale of the dwelling.
• And the loan contract will only be prepared for you when the collateral is approved, i.e. the apartment.
• Start with a step-by-step instruction explaining the key points of the deal.
• Look at the step-by-step instruction for the deal, Buying an apartment from the bank's credit funds, and repeat the procedure for buying an apartment to avoid making mistakes.

Step-by-step instruction (order of purchase of an apartment)

So that you don't lose your way, make no mistakes, not go to a dead end, but choose the main path, the main path, use the smart card.

Get an intellectual map: Intellectual map for customers of an apartment

How to buy an apartment in a new building

Buying an apartment in a new building is often understood to mean sharing in the building, it's a misunderstanding, it's not possible to buy an apartment that's not yet possible.

Purchase may only be processed by a sales contract if the real property is registered in the cadastre and the right of ownership of the developer (or the construction contractor) is registered.

The purchase of an apartment from a legal person has its own characteristics, but in general it is carried out in accordance with the above-mentioned algorithm.
Read the article:Buying an apartment from a legal person

If you "buy" an apartment in the construction phase, read the article:How to Buy a Share?

I'm always happy to explain.

Method of buying an apartment in 2023

What kind of documents do you need when you buy an apartment?

Documents on the purchase of an apartment are of paramount importance; without a carefully prepared documentation package, it is not possible to legally make a transaction; any documentation error in the future may lead to a challenge to the legality of the sale.

Buying an apartment on the secondary market

If you have already chosen an apartment, it makes sense to enter into a pre-sale contract with the seller and make a deposit, which will save you from the risk of losing the facility because of the faster buyers, otherwise the seller will be obliged not only to pay the deposit but also to pay the fine.

The essential conditions of such a preliminary treaty are:

1. Passport data of all participants in the sale.
2. The actual address of each side ' s residence.
3. A precise description of the characteristics and address of the apartment.
4. The period of time within which the principal contract of sale must be signed.
5. The price of the purchase and the size of the deposit.
6. The period of time within which the seller is obliged to return the bond if the transaction has not taken place, as well as the penalties.
7. The period of time within which the seller is required to discharge all tenants from the apartment and to collect their property.

The main list of documents required for the conclusion of the basic contract for the sale of a second-market dwelling is as follows:

1. She is usually trusted to write a lawyer or a realtor, which is the document that is later submitted to Rosreister for registration.
2. The passports of the parties.
3. An extract from the EGRP confirming the seller ' s ownership of the apartment, indicating the owner, the area of the apartment and its address, as well as the encumbrances (e.g. the bank ' s mortgage dwelling).
4. Certificate of non-payment of LCU.
5. Certificate of non-payment of taxes.
6. Techpassport.
7. Home Book: Ideally, at the time of the transaction, there should be no registered persons in the apartment, and if there are any, it should be made sure that there are no obstacles to their release.
8. The authorization of the guardianship authority for the transaction if the minor (or co-owner) is registered in the apartment.
9. The document on the basis of which the owner obtained the right to the dwelling in question (purchase, will, gift, etc.).

Buying a new building

Before buying a building dwelling, the future developer should be assured of the following documentation:

1. Investment contract: It states: how many apartments will be in the house, who is the buyer, how many apartments remain available at present.
2. Project declaration: It necessarily contains a plan for the future location of all flats on the floors as well as internal and external infrastructure.
3. Technical papers: They reflect information on the foundation of the building, engineering communications.
4. The building permit here needs to be checked very carefully, to whom it is issued, whether to the legal person with whom you are negotiating the purchase of the building.

Since it is not in the air but is based on a certain land, it is worth asking about the rights of the developer of the land in question, which may include a contract for the purchase of land for the construction of the land or a long-term lease with a local municipality.

If the house has already been built and even put into operation, the buyer should check the following documents:

1. A statement from the EGRP confirming that the developer has rights to the land in question or to the lease.
2. The floor plan of the building and the exposition.
3. A contract for the sale of an interested buyer of an apartment.
4. An extract from the EGRUL confirming the existence of the legal person in question.
5. The reception-transfer certificate for the apartment in the new building.

As long as all the documents of the developer are in order, it is possible to proceed to a transaction, with the difference that the seller is not a natural person but a legal person, and therefore submits its registration certificate instead of a passport.

Buying a mortgage apartment

The main difference between a mortgage sale and sale of an apartment is that the buyer does not have the necessary amount.

The deficit is covered by a loan from a bank that accepts the purchase of housing as collateral.

Since the conclusion of the loan contract (the mortgage contract), the dwelling has been secured by the bank, so the buyer becomes the owner, subject to limitation, until the entire debt to the creditor bank has been paid.

1. A copy of the passport, which is permanently registered in the locality.
2. A job certificate confirming formal employment for six months or more, as well as the monthly wage.
3. Positive credit history: In this case, it is better to show that previous loans were repaid on time without penalty.
4. A certificate from a psychoneurological clinic confirming your ability to perform.
5. A certificate from the D.A. about your lack of criminal record.
6. Men apply for a war ticket because its absence is a ground for refusing a mortgage loan, and they also do not enjoy the confidence of the banks when they have been granted a delay for a valid reason.
7. If both borrowers or guarantors are involved, a similar package of documents should be prepared for each of them.

This is far from all that the bank will need to produce to approve the mortgage, so if you choose to buy an apartment from a developer who is not on the bank's list of accredited banks, its credibility will have to be proved by the following documents:

1. The duration for which the construction organization has been successful in the market, and banks require at least five years.
2. Report on compliance with financial sustainability estimates (as per FL No. 214).
3. No delay in the delivery of construction rounds over time.
4. Existence of several (more than 2-3) successful real estates.
5. Certificate of non-initiated bankruptcy or liquidation.

In order to make a mortgage transaction, the borrower will need to collect several additional documents and present them to the bank:

1. Insurance contract: Some banks require insurance for the life and health of the borrower in order not to risk losing money because of his illness or death, but the list of insurance cases may be much broader, for example, FP 214 requires insurance of the mortgage facility.
2. Evaluation: The bank must know exactly how much the dwelling is currently worth in the real estate market; only a company that is a member of the CRS can evaluate.
3. Confirmation of capacity to pay: This may include the existence of savings in an account in a bank, proceeds from the sale of copyrights, alimony payments, etc.

A mortgage transaction is much more difficult in nature and in terms of the number of documents, since the participants are not actually two (buyer and seller), but three are also involved in the bank, and in the event that the borrower fails to repay the debt, it is the bank that will take over the ownership of the apartment.

Documents on the purchase of an apartment in 2023: secondary, new construction, mortgage

The law requires documentation of all real estate transactions. People have the right to buy/sell/sell/sell/sell or give property, the main thing to do is to process it correctly. What documents are necessary when buying an apartment? How complicated is the processing procedure?

Acquisition of an apartment on the secondary market

The real estate market is now pleased with a huge choice, and, of course, housing is worth it, and its acquisition is sometimes a precious dream. The "secondary" is an apartment sold by the owners.

The main document establishing the sales transaction under way is the sales contract; sometimes the parties turn to the notary to verify the agreement in question and assure him of it; the mastery contract protects the interests of both parties, while at the same time reflecting all the nuances of the transaction.

The participants usually draw up a draft version first, a preliminary contract, and then, after being checked by a specialist, they rewrite it.

What information should be included in the text of the agreement:

• The passport data of the parties involved;
• The actual addresses (place of residence) of each;
• The main characteristics of the subject matter of the transaction, including the address;
• The period for which the parties will sign the basic contract;
• The value of the purchase (total), the value of the deposit, the details of the currency (if the seller assigns the value in euros or dollars);
• The period for which the seller will prescribe all the actual tenants of the occupied dwelling;
• A clarification of the absence of the slightest encumbrance (the apartment is not subject to bail, is not given to the bank, the owner has no debts).

The buyer – that after receiving the money, the seller will not hand over all the necessary documents – will prove to be a fraud. The seller – that the customer will be unfair and will not pay the rest, so both parties need to be careful in making such transactions. A notary's involvement is desirable.

By the way, Rosreestre can help the buyer, issue a certificate about the property in question, which will say who owns the apartment and how he bought it.

Risks in sales transactions

The avoidance of a transaction usually occurs when there is no agreement between the parties; for example, it was not possible to reach agreement on one or more points of the contract being drawn up.

When a deposit is made, the buyer is entitled, if the transaction is terminated, to demand the money returned, but sometimes the contract specifies a particularly low value.

Then a part of the money will be left to the unfair seller.

Recognition of a contract as invalid is the case when the seller's authority has not been tested in advance (not applied to the IFC or Rosreister for a discharge), and transactions involving trusted persons require special attention.

The risk of claiming property that has already been acquired is possible if the apartment has quite often changed owners, as well as through Rosreestrester.

The dwelling is purchased with a burden – for example, it was a joint property or a share of the property; then the owners who were not part of the perfect transaction will be entitled to demand that it be declared invalid.

It was important to verify the seller ' s authority, read the signed contract carefully and seek the support of an experienced lawyer.

List of documents for the sale transaction

Papers	Details
Bought	As a rule, it is trusted by an experienced lawyer or realtor if it is accompanied by a deal, and the original signed contract is then presented in Rosreister.
Passports of the parties	If a trusted person is present instead of someone, a trusted person (original) is needed.
EGRN ' s statement	The basic document confirming the seller ' s rights is the owner ' s data, the characteristics of the dwelling to be sold, and the encumbrance (the existence or absence thereof).
LKH Help	Shows that the seller has debts relating to utility payments and other payments.
Tax reference	It is proven that tax payments for the dwelling were paid regularly by the seller.
Techpassport	Issued by BTI
Home Book	Ideally, at the time of the transaction, there will be no signed persons, but if there are any, it will be important to make sure that all people are discharged and that there are no problems.
Authorization for custody	It is required if a child is prescribed in the dwelling in question or if the child is considered as a co-owner.
Legal instrument	Confirms how the seller originally obtained the apartment (purchase, will, heir ' s certificate, gifted).

In the new building.

Companies that build multi-family houses often look for people who want to buy housing there in advance, and these customers are called depositors. They invest, and that money pays for the construction process.

When the company finishes the house and puts it into further operation, the depositors will get the keys, but it just looks simple.

In practice, while still selecting a developer, the buyer needs to verify whether the company has such documents:

1. Investment contract: Basic agreement, which states: number of apartments, purchasers ' data, number of flats available, not yet purchased.
2. Project declaration: This will include a plan for the location of the floors, as well as other infrastructure.
3. The technical papers refer to the foundation of the building, materials of manufacture, engineering communications.
4. Construction permit: Here, the data of the recipient should be examined carefully; whether the legal person present in the negotiations is the one who has received the permit.

Moreover, when apartments are purchased in a new building, it is worth remembering that the building itself is on a certain plot, so it is important to know whether the developer is entitled to carry out the construction: the contract for the acquisition of land by the company, or the long-term lease agreement previously concluded with the municipality.

The house is built and is already in free use, and the buyer should see the following papers:

• EGP – confirms the company's authority over a specific plot of land (where the house is built) or lease;
• Storey plan, exposition;
• A contract for the sale of a particular apartment that the buyer has taken notice of;
• EGROUL's release confirms the existence of an organization – a lawn that built a house;
• An acceptance certificate for a ready-made apartment in a new building.

Then we can move on to the negotiation and conclusion of the deal, and we'd like to involve an experienced notary in the drafting and verification of the contract.

The final action will be the registration of a happy buyer as the new owner of the dwelling he has purchased, and the procedure takes place in Rosreestre or IFC, where the interested party will take all the papers listed above, including the completed OST (the contract of sale), its passport and its receipt (received after payment by the government).

It is important that the seller is the developer, so its representative in Rosreister will present all the documents required from the seller with a licence and registration certificate in place of a passport.

Mortgage

How different is the procedure for the acquisition of a dwelling if it is taken as a mortgage?

• The buyer does not have the required amount;
• A bank is present as a third party;
• The long-term nature of the transaction and the availability of interest;
• In fact, the dwelling is purchased by the bank, it serves as collateral, and the buyer (private person) will be the owner with substantial restrictions.

Mortgage credit is a big responsibility, you have to think in advance about how to settle it, sometimes 15 to 20 years of age people make the monthly large payments by closing the mortgage, so you have to calculate your own strength and the help of your relatives.

The following documents will then be collected for the bank:

• Civil passport (copy), where the registration of the citizen will be recorded;
• The certificate issued by the employer confirms the official employment and working hours of the citizen and the payment of the labour (the minimum period must be from 6 months);
• A positive credit history is verified on the spot by the bank's employees;
• The certificate issued by the local psychoneurological clinic confirming the capacity of the client;
• A certificate from the Department of Internal Affairs that the client has no criminal record;
• Military ticket to men.

When a staff member receives papers, he or she will send a special request and the bank authorities decide whether or not to approve the loan to the citizen concerned.

• A certificate indicating the specific duration of the company's general work – the developer – banks trust only firms that have worked for 5 years or more;
• A certificate confirming that the company ' s performance is consistent with its financial sustainability standards (to be better guided by FP 214);
• No cost – that the company follows the construction schedule;
• The availability of several ready-to-use (already-to-use) facilities;
• The certificate showing that the company does not have legal action by disgruntled customers has not (previously or now) initiated a bankruptcy procedure, and there is no decision to liquidate it.

Further, the borrower should be provided with such papers:

1. Insurance agreement: Most banks require the client to pre-insured himself (life, health), thus reducing the risk of possible loss of money if the borrower suddenly gets sick or worse, but the list of existing insurance cases may be wider; for example, FP 214 requires additional insurance coverage of the subject matter of the transaction.
2. The bank will know how much a customer-selected market apartment is actually worth, and it should be evaluated by a licensed company belonging to the EMS.
3. Confirmation of capacity to pay: These are usually bank statements where the borrower holds the main savings, alimony payments, the amount of the benefit, a certificate from the spouse ' s workplace, who will assist in paying the client ' s loan.

The deal itself is more complicated, because the parties will be three: the seller, the owner of the dwelling, the bank, the main investor, and the buyer itself, who automatically becomes the borrower.

By step-by-step instructions for the purchase of an apartment on the secondary market and rules for the processing of documents

The secondary housing market offers apartments that are owned and the buyer buys a dwelling with certain characteristics and parameters.

In a transaction, it is mandatory to verify the quality of the facility, as well as the capacity of the owner ' s documents and the willingness to dispose of them, which is defined as the legal purity of the transaction, and to see how the purchase of secondary apartments is handled.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

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Walking instruction: How do you buy it right?

This property transaction is characterized by the fact that it involves both the documentary and the actual transfer of property rights to the facility from the seller who owns the dwelling to the buyer, which is governed by the rules of Chapter 30 § 7 of the Russian Civil Code.

The buyer, in return for the transaction, pays a proportionate amount equal to the price of the dwelling. The procedure requires a series of legal and factual actions, according to the algorithm established for the purchase of the apartment on the secondary market.

Phases of the procedure

Consider how such a transaction is handled.Sales on the secondary market are carried out in a step-by-step manner:

1. The search for a suitable object is either on its own or in the case of a real estate company.
2. Organization of a view, a view of the room.
3. It's an apartment check.
4. Issuance of a preliminary sales contract (PACT).
5. Payment of advance or deposit.
6. Signature of the entry certificate for the premises.
7. If necessary, make a loan agreement for a mortgage.
8. The conclusion of the sales contract (CPD) is on its own, accompanied by a lawyer, a real estate agent.
9. Transfer of money to the seller.
10. Recording the transaction.
11. Moving the buyer to a purchased apartment, a propiska.

Search for an object

This is done by:

• To a real estate company;
• to a private realtor.

Self-searching should take advantage of:

• Special services;
• You're gonna have to put an ad in the media.

Rules for the inspection of the secondary before the transaction

If an apartment is sold through an agency or an intermediary, the view can be reconciled through a realtor. If there is no escort on the owner ' s side, it should be agreed with him.

Precisely, we should find out by the phone.:

• Ready for a transaction;
• The timing of the transaction he is planning;
• It's time for an inspection.

ATTENTION:It is only when the owner has made it clear over the phone that he is actually planning a deal and the documentation package has been prepared.

The actual inspection of secondary housing facilities should follow basic rules and pay attention:

• On the state of public space (access);
• The front door;
• Cosmetic condition of the dwelling;
• Quality of plumbing and radiators;
• The presence of a odour of damp;
• Inside temperature (winter);
• The presence of mold on the walls, for the first floor, on the floor.
• For the upper floors, the tops of the ceiling from the leaking roof.

The worse the condition of the dwelling, the lower the cost of the dwelling, the buyer should determine how appropriate it is to buy a dwelling with any defects, as the results of the examination are specified in the certificate of acceptance attached to the DCR.

In addition, the valuation is taken into account:

• The age of the house and its deck capacity;
• Floor;
• Area and location;
• a balcony.

In addition to the parameters listed, the transaction is significantly influenced by the subjective preference of the buyer, certain nuances of the infrastructure or landscape.If the apartment likes it, her legal capacity checks out..

What documents should be checked with the seller?

This part of the procedure is no less responsible, and we will see what documents must be required of the seller in the transaction.

The owner of the dwelling must have the following::

1. Civil passport.
2. A legal instrument is the basis for the creation of a right of ownership: a civil contract of the last transaction, a certificate of succession or privatization.
3. A certificate of ownership of an apartment if acquired before July 2016 or an extract from the EGRN is obtained from the IFC or the territorial office of Rosreestra.
4. Technical documentation for the apartment and inventory certificate received from the BTI.
5. Cadastral passport, certificate of absence of bail or arrest, received from the IFC or the territorial office of Rosreestra.
6. If minor children are registered in the apartment, or if the minor ' s owner is authorized by the guardianship and guardianship authorities, he/she shall receive permission from the territorial section of the body concerned.
7. The husband's permission, if the apartment was shared, is obtained from a notary office.
8. A copy of the personal account certifying that there is no debt, received from the accounts office of the EVI.
9. An extended (archive) discharge from the apartment book, ordered by the passport officer at the ECU.
10. Notarized power of attorney is for representatives.

Verification at the time of conclusion of the contract

Buyer needs to check the entire list documentation package.If the list is incomplete, it should be suggested that the documents be returned and checked before the CPDP is finalized and signed.

BACKGROUND:If the apartment has been inherited or given, the consent of the spouse is not required.

Additional verification:

1. Write down the cadastral number and the owner's name on Rosreestra's website to check if these data are consistent.
2. The issue of general powers of attorney should be clarified with the notary.
3. If the apartment is inherited, you need to make sure that there are no legal disputes about it: if there are co-inheritors, they must submit a notarized waiver.

List of documents for the transaction from the buyer

This list is limited to what the buyer should have:

1. A civilian passport with a propiska.
2. Trust if a representative acts.
3. For minor buyers, the birth certificate and the passport of the parent or guardian.

On the basis of the above-mentioned considerations, the RAP is drawn up in accordance with the norms of article 429 of the Code of Criminal Procedure of the Russian Federation, but its drafting is voluntary and is not an obligation of the parties.

This contract has the capacity to establish a legal instrument governing the transfer of property rights to an apartment from the seller to the buyer; it is governed by the rules of articles 549 and 550 of the Code of Criminal Procedure.

It must have provisions in its structure.:

1. Name of document, date and place of detention.
2. Introductory part, identifying the parties and their details (passport data).
3. The definition of the subject matter of the contract is the detailed technical and cadastral characteristics of the dwelling.
4. Rights and obligations of the parties.
5. Conditions of payment and ownership of the apartment, timing of payment and release of the premises.
6. Liability of the parties for non-compliance with the rights of the counterparty and their own obligations, in the form of fines and penalties for late payment or transfer of the facility.
7. Conditions and rules for avoidance of contract: by agreement and in court.
8. Final (additional) provisions shall be made at the discretion of the parties.

The contract of purchase is drawn up in three copies, each signed by a counterparty, and under the rules of article 163 of the Criminal Code of the Russian Federation, it may be certified notarized.

Ways of transferring money

Money can be transferred:

• Cash on receipt;
• List;
• Through the bank cell;
• to the deposit account of the notary office.

How does the registration of the OST take place?

The registration of a transaction is mandatory in the Rosreister, in accordance with the norms of article 551 (1) of the Russian Civil Code and article 558 (2) of the Russian Civil Code.

This process requires the parties to go to the Rostreestra branch or the IFC at the same time.where to present:

1. The civilian passports of the counterparties, the co-defendants, are documents for the legal or authorized mission.
2. Counterparty statements to register the transaction.
3. The contracts are in triplicate with the acceptance certificate attached.
4. The right-wing document for the apartment.
5. A certificate of ownership or an extract from the EGRP.
6. The husband's permission is for those who are married.
7. I.D.'s from B.T.I.
8. The payment of the duty.

The registrar accepts the documents under receipt...checks the payment of the duty.

Value and timing

The amount of the State duty is 2,000 roubles.

The notarized RTC duties of Rosreestra are not charged and the registration period is reduced to three days.

In 10 days, the procedure is over, the buyer takes over.If the parties have approached the IFC separately, the procedure lasts 21 days.

Actions after registration

The buyer arrives at the rehearsal with a receipt and a passport.

From the registrar, he gets:

• Sales contract with registration mark;
• an extract from the EGRN.

On the basis of these documents: the grantor and the certification authority is considered to be the owner.The cadastral passport does not need to be rewritten as it is issued to the site and not to the owner ' s name..

In order to replace a technical passport, you have to go to the BTI with copies and originals of the legal and certification document and write a statement; upon presentation of the discharge, he has the right to write in his new apartment all members of the family.

Procedure for acquiring a legal person

1. The consent of the founders to the transaction;
2. A package of constituent documents;
3. A provision confirming the authority of the Director;
4. Director ' s passport;
5. Notarized power of attorney and passport is for the representative.

If the apartment is not considered to be an essential value, the seller shall submit the relevant document certified by the founder.

In the introduction to the OST, the legal person is specified by the party to the contract, with the following particulars::

• Name of company;
• The form of ownership;
• Qualitatives: INN, OGN, CAT;
• Legal address;
• position, F.I.O. head, reason for taking office.

The trustee who formulates and signs the contract is inserted separately with the phrase: "acting on the basis of the power of attorney(s) for the benefit (name of the company)". It also concludes with the details of the legal person, the signature of the Director General and the seal, or the signature of the attorney.

To download a sample of a contract for the sale of an apartment between a legal person and a natural person

Possible problems and ways of avoiding risks

The secondary housing market is an active crime scene for fraudsters, sometimes it's not good faith for ordinary citizens to make a deal, and it's possible for fraudsters to take away all the money they've paid through the transaction and get away from liability.

Most common fraud:

• Fake documents;
• A double (multiple) sale of one dwelling;
• Replacement of the dwelling;
• The sale of other people's real estate.

Therefore, when buying a secondary, the validity of documents must be checked very carefully.

Ordinary citizens may engage in the following malpractices::

• Don't pay the money, don't hand over the keys to the apartment;
• Not to be discharged, not to be discharged by minors;
• Hiding the owner ' s incapacity;
• Hide third parties ' housing rights;
• To hide other problems that exist in the apartment.

Mandatory conditions to avoid risks, as follows::

1. The grantor and the right to certify documents must be presented in the originals.
2. All documentation shall be of a legal nature, free of damage to text and flooring.
3. The BTI documentation is not over one year old.
4. Cadastral certificates of encumbrance and arrest are not more than one month old.
5. The passport is propiska and not expired, and you can identify the owner of the passport from the photograph.
6. The ownership information on the Rosreestre website corresponds to the documents provided by the seller.
7. The status and legal capacity of a legal person can be identified through its official website and documentation package.

BACKGROUND:The notary ' s contract gives him additional legal capacity, and the insurance of the transaction fully transfers the risks to the insurance company.

You can find out more about what you need to know when buying an apartment on the secondary housing market.

Conclusion

The sale of the dwelling is provided by a package of documents to be involved in the transactionUpon inspection and inspection of the premises, the OST shall be issued, after which the seller shall receive the money.

The contract is registered with the IFC. The seller of a legal person provides additional documents from the founder; at each stage of the transaction, care should be taken to avoid risks.

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