Contract for the sale of a room in a communal apartment (model) 2023

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A contract for the sale of a room in a communal apartment

Договор купли продажи комнаты в коммунальной квартире (образец) 2023

The sale or purchase of a room in a communal apartment is a serious procedure that will require a contract without which the transaction is not valid. This type of transaction has always been different in the real estate market, remember that it includes many aspects and details that must be strictly observed.

Each paragraph of the treaty was important and the parties to the transaction should be familiar with it.

Model contract for the sale of a room in a communal apartment

A careful study of the law could lead to the conclusion that the contract was only in writing, so that it could not be violated.

Data to be provided in its compilation:

  • Title, place and date of signature of the document;
  • Contact details of the parties to the transaction;
  • If representatives are involved in the transaction, it is important to indicate their data;
  • Legally establishing documents, they are deemed to be the basis for the disposal of the facility;
  • The characteristics of the object;
  • Value;
  • both sides' signatures.

It is important to bear in mind that each item will have a major role to play, which means that it will have to be understood in terms of what it means, because then it is possible to isolate itself from the unnecessary difficulties that the parties to the transaction have to face in the future.

Договор купли продажи комнаты в коммунальной квартире (образец) 2023

  • To download a sample of a sales contract for a room in a communal apartment.
  • To download a contract form for the sale of a room in a communal apartment.
  • To download a sample of the contract for the sale of the communal room into the mortgage.
  • To download the contract form for the sale of the communal room into the mortgage.
  • To download a sample of a contract for the sale of a room using maternal capital.
  • To download the contract form for the sale of the room using maternal capital.

Before you sell a room, you'll have to notify your roommates.

So it's worth understanding if the neighbors are aware of your plans, but they haven't reacted, you can sell the place when you start looking for the buyer.

This is because the owners must always understand that the first room will be available to those who live nearby, who are neighbours of the communal apartment, and it is certainly not possible to sell the room without notifying the neighbours.

Often, many parties to a transaction face serious problems in the process of contract formation, the main reason being that the important conditions to be found in such documents are not being met.

After all, the room, like any other existing real estate, is to be sold by the owner if there is a desire to do so.

If the room is located in a communal apartment, a number of conditions must be taken into account:

  1. You must warn your neighbors that you want to sell your room, because this is a crucial moment, which you cannot miss, and you must not ignore.
  2. If you encounter a refusal on the part of your neighbours, you should report to the notary, following a certain plan, which is that it is important to make a proposal from the notary by sending a notice to the addressees, and even if someone has not received a letter, the deal will in any case be processed;
  3. With regard to the first-line right to purchase, it is important to understand that it is only available to those owners who have privatized their rooms;
  4. If it was a sale of a room where a minor lived, parents would have to contact them and before they refused to do so they should contact the guardianship authorities.

The drafting of a treaty is an important procedure, and it involves many important steps and paragraphs, which means that all these conditions must be included in a document, carefully studied, then the deal can be considered valid, and the parties are free from unnecessary problems.

A contract for the sale of a room - nuances of the sale of shares in an apartment

The sale of individual premises has its own characteristics when compared to the sale of apartments and houses. Although similar, it is worth taking into account the nuances of specific transactions and a particular type of premises.

How is the compilation going?

To date, a contract for the sale of a room must be registered with a notary.

Part 2 of Part 558 of article HC regulates the drafting of contracts for the sale of premises in apartments and houses.

The first stage of the sale of the room is to obtain the consent of the other owners of the room in this apartment. They also have the first right to buy the room. Therefore, the owner who has decided to sell his share of the apartment must notify all the other owners in writing. The letter must specify the address of the room, its size and other characteristics, as well as the price.

The answer is a month. If no one wants to buy it, then the owner can start selling with ads.

The second stage is the search for the buyer. When found and the parties agree on the cost of the dwelling, they must conclude a preliminary contract stating:

  • Subject matter (room and characteristics);
  • Time frame and procedure for processing the transaction;
  • Who takes over the registration costs (usually the seller);
  • Liability in case of non-performance.
Read also:  Can part of the inheritance be abandoned, and how?

The third step is to collect documents from the seller and verify them by the buyer or notary if he is involved in the contract drafting process.Договор купли продажи комнаты в коммунальной квартире (образец) 2023

The fourth stage is the drafting of the treaty itself.

  • Data from signatories;
  • All information about the room;
  • Facility passports (cadastral and technical);
  • The consent of other owners, spouses or guardianship authorities if there are minors among the owners;
  • Conditions of payment;
  • Rights and obligations of the parties;
  • Conditions for avoidance and penalties in case of non-performance;
  • Information on the transmission document and the transmission process of the room;
  • Signatures.

The contract is drawn up in three copies; it is then registered with the notary and Rosreestre; registration is required not only for the contract but also for all the documents that were collected before it was made, but also for the personal presence of the parties to the transaction or their trusted persons.

Communal Features

The contract for the sale of a room in a communal apartment must comply with all the requirements of the law, otherwise it will be declared null and void, followed by inspection authorities.

This contract follows the pattern described above and contains all the same items except one nuance: before selling the room, the owners of the neighbouring rooms in the apartment must be notified.

They are primarily entitled to acquire this property and must be notified in writing with a description of the proposed room and its price.

If they do not react or refuse to buy within a month, only then can the room be put on free sale.

It's up to the seller, the owner of this room, to notify the neighbors, and there's no way he can miss this stage, otherwise the deal can be declared invalid.

You also have to make sure the room is privatized, otherwise the seller has no right to sell it at all, because it's the property of the municipality.

A model of a contract for the sale of a room in a communal apartment is drawn up in a free form, taking into account all the requirements of any contract for the transfer of ownership rights.

You can state in the contract that the settlement was made by cash without receipt.

Nuances for the dormitory

The sale of a room in a dormitory is similar to the sale of a room in a communal apartment, and it is important that the room be privatized.Договор купли продажи комнаты в коммунальной квартире (образец) 2023If this is not done, it is necessary to sign a social employment contract with the municipality, and it can then be privatized, but only with the agreement of the municipality. Accordingly, this point needs to be clarified in advance.

In reality, a person living in a dormitory must privatize the premises before selling them, otherwise he has no actual right to sell such a dwelling.

The contract for the sale of a room in the dormitory must include the consent of the owners; it is important to take into account who is prescribed in this room and whether the transaction affects anyone ' s interests; if there is such a problem, the written consent of these persons must be obtained; and, in the case of minors, also of the guardianship authorities.

Necessary documents

The following documents must be collected for the sale of the room:

  • Passports of the parties to the treaty;
  • Documents for the room (passport, cadastre and technical);
  • Documents that confirm the right to sell (purchase, gift, certificate of inheritance);
  • The written consent of the spouses or other owners, which the notary has assured;
  • The consent of the neighbours of the communal apartment;
  • The consent of the guardianship authorities;
  • Non-debt papers and the fact that the room isn't on bail.

Conditions of detention

The main condition for the successful conclusion of a contract for the sale of a room in an apartment is its conformity with the law, and the following aspects must be taken into account:

  • The seller ' s right to dispose of property (room to be privatized);
  • Existence and consent of other owners;
  • Absence of debts;
  • Availability of all necessary documents;
  • Coherence of information in the object's passport and actual information.

Registration, costs and time frame

The costs of contract formation may vary considerably depending on the particular situation; if the parties to the transaction resort to a notary or a lawyer, the costs are increased by the amount of their fees; this amount may vary depending on the notary or legal firm concerned.

Among the mandatory costs are government fees for registration of the contract and ownership rights of the new owner, as well as payment of a notary ' s certification of the contract.

The duration of the registration process depends on the workload of Rosreister's employees. This usually lasts for up to a month. You can speed up the paperwork through the IFC office. It'll be even faster if the notary delivers the paperwork, but he also has to pay for it.

Reasons for avoidance

A contract may be terminated at the initiative of one of the parties if the other party has failed to comply with the terms of the transaction; the avoidance process itself will take place in court.

A contract may also be declared null and void in the event of a breach of the provisions of the law, in which case it will simply not be registered.

Do you have to make a deal with a notary?

Yes, the law requires notarization of the deal, because there have been many cases of fraud in the sale of rooms in the past, and in particular the same room has been sold to several people at the same time.

But the law strictly determines the need to register only for rooms that are owned by one owner; if they are owned by one owner, the notarization is voluntary.

Model contract for the sale of a room in a communal apartment

Utilities are becoming smaller, but this experience of the Soviet era that has passed away is still available in Moscow, St. Petersburg and other cities of the country, and the sale of a room in a commune seems simple, but it should not be forgotten its nuances.

Read- Selling the communal room in stages and how to write a notice to the neighbors.

Samples

Contract for the sale of a room in a communal apartment: download the form and sample

Sales contract for a room using maternal capital: download the form and sample

Highlights

Before selling a room in a commune, reference should be made to the legislation, in particular article 42, paragraph 6, of the Housing Code and article 250, paragraph 3, of the Civil Code, which require the seller to notify the owners of the other rooms of his wish, and they have the right to purchase the part of the apartment sold.

Договор купли продажи комнаты в коммунальной квартире (образец) 2023

The notice shall be in writing and shall include full information on the property sold and its value.

  • The FIO and the address of the person to whom it is directed;
  • FIO, passport data of the room seller;
  • The intention to sell a room with its address, area and cost;
  • Information on the right to place documents in the room;
  • An offer to purchase the property at the specified price;
  • Request notification of its intention within one month;
  • An indication that the room will be sold to a third party if the ransom is refused or no response is received within the specified time;
  • Date of compilation, seller ' s signature.

The date of receipt may be recorded on a copy of the seller ' s personal service and the notification may be sent by mail with the notification. The date of receipt will be indicated in the notification.

It should be noted that it is necessary to indicate the cost of the room by which it will be sold to an outsider; it is not permissible to give an excessive amount in the notice, otherwise the neighbours will have the right to challenge the transaction in court.

The refusal of the neighbours to buy a room in the commune must be formalized; for this purpose, all owners in the apartment must appear before the Rosreestra or notary, where their written refusals will be certified; for registration of the transfer of ownership rights to the buyer, these refusals must be attached to the main package of documents; unregistered refusals shall be null and void.

In any event, when a room is sold to a neighbour or third party, a transaction must be made in writing; a sales contract must be drawn up.

How do you properly complete the sales contract for a room in a communal apartment?

The transaction contract shall be drawn up in accordance with a standard model with the mandatory presence of the following particulars:

  • Name of document, place and date of compilation;
  • The details of the parties to the transaction (FIO, passport data, registration addresses);
  • The subject matter of the contract, including the number of the room in the communal apartment on which floor, its exact address, room metres and full room metres, the share of the right to the public place according to the law-making document;
  • Information on ownership of the room;
  • The price of the contract and the method of transferring the money to the seller;
  • Conditions for the transfer of property and the transfer of ownership rights;
  • The buyer is obliged to hand over the money for the room and accept it, and the seller is required to pay all the charges due on the date of sale and to hand over the room by act;
  • Liability of the parties, including all types of violations and claims for redress or monetary reparation;
  • Procedures for the settlement of disputes;
  • Other conditions;
  • The details of the parties and the signatures.

The treaty is subject to compulsory registration in Rosreestre, with three copies, two of which are transmitted after the registration of each party, and the third remains with the Rosreestr authority.

An integral part of the sales contract is the act of acceptance and transfer; it confirms the movement of the premises from the seller to the buyer and reflects the state of the property at the time of the transfer; and if the room is sold with furniture or other property, this must be reflected in the act.

Video: Buying the sale of a room in a communal apartment

How do you get a contract for the sale of a room right?

The purchase of a room requires special attention, which is now a small one, and the sale of rooms is smaller than the apartments.

Those who have decided to buy or sell a room in a dormitory or communal apartment should be prepared for possible underwater stones.

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

If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-46-18. It's quick and free!

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How's the writing going?

When drafting a sales agreementA standard form may be used or made available in arbitrary writingIn this case, the main paragraphs that the treaty should contain should be borne in mind:

  1. Date and place of the deal.
  2. Name of document.
  3. Qualitatives: The complete passport data of both parties are given: series, number, by whom and when issued, division code, FIO, registration address, who is the seller and who is the buyer.
  4. Subject matter of the transaction: Detailed description according to the transport document: Name (room, share), area, full address, including access and floor.
  5. The value of the transaction: It should be borne in mind here that the contract value cannot be lower than the cadastral value.
  6. Order and manner of transfer: Where and how the seller will receive the agreed amount, whether it is a lease of a bank cell, a bank transfer from the buyer ' s account to the seller ' s account, or the amount will be provided in cash.
  7. Information on the advance: The date of its adoption and the amount of the advance or receipt may be attached to the contract as a supplementary agreement.
  8. Rights and obligations of the parties: The seller is obliged to hand over to the buyer real estate in accordance with the contract of sale and the technical documents provided; the buyer, in turn, undertakes to hand over to the seller, on time, the sum of money due to it by the agreement.
  9. Force majeure: All situations in which a contract may be terminated or declared null and void are specified by the party responsible for the termination of the contract and the penalties imposed on it.
  10. Additional conditions: You can write down all the wishes of the parties here; for example, if the room is sold with furniture, you can mention it.
  11. The date and signature of both parties confirming their agreement with the content and terms of the sales contract.
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Communal Features

If the contract is made for the sale of a room in a communal apartment,The percentage of the dwelling that will take possession of the buyer is specified in the "Property of the transaction" paragraph..

It also includes information on neighbours who are also owners of the real estate and the size of their shares.

In the paragraph "Obligations of the parties", it should be stated that if the buyer in the future wished to resell the room, it would first have to offer the right of ransom to other owners and only after their refusal – to third parties.The price of the offer should be the same in both cases.

Nuances for the dormitory

The sub-section "Provisions of the deal" indicates that a room in a corridor or block building is being sold; the same information should be recorded in the housing manifesto; this would indicate a room as a separate dwelling rather than a share, and if sold, the owner would not be required to take a refusal from the neighbours.

Necessary documents

The sale of the room will follow the usual sales pattern.The parties will be required to collect a core package, prepare a treatyAnd have all of this registered with the Rossrester authorities.

In order to form a sales agreement, the owner will require the following documents:

  • Passport as an identity document.
  • Certificate of ownership of the room.
  • It may include a sales contract under which the room was purchased, a certificate of succession, a gift contract, a privatization contract, etc.).
  • Cadastral passport.
  • Technical passport.
  • Certificate of non-payment of utility charges.
  • The fact that there's no sign of anyone in the room.
  • Family profile.
  • The consent of the other owners for sale if the room is sold in the apartment.
  • Notarized consent of the spouse, if any.

It's a lot easier for a buyer in this case.Buyer will be required to make a deal.:

  • Passport.
  • Application for registration of a sales contract.
  • It's a bill of payment for the mistress.
  • Certificate of absence or consent of the spouse.

Warning:If a transaction is made with equity property and sold to an outsider, it requires a notary escort.

In the case of a privatized room in a dormitory or commune under a social welfare contract, it is possible to go directly with a ready-made sales contract in the regpalata.

Conditions of detention

  1. A person may purchase a room by privatizing it on the basis of an existing social employment contract.In this case, the owner of the dwelling has the right to dispose of the property at his discretion; once privatized, it is not necessary to take into account the views of the neighbours when selling the room.
  2. You can buy a room in an apartment by becoming the owner of the estate.If the owner of the room wants to sell it, he will have to remember the right of the neighbours to buy his share.

    Sale will only be possible if the owner has a written refusal or notification certificate from his or her neighbours, if they do not reside in the apartment in question and do not reply to the letter.

  3. You can get a room or share in an apartment by inheritance or gift.If the owner sells his share without offering it to the co-owners, they can challenge the deal within three months (how to sell their share of the apartment correctly) here.

Registration, costs and time frame

Once all the documents have been collected, the contract of sale and the deed of transfer of real property have been prepared, the buyer and seller are sent either to the notary or directly to Regpalat; notarization of the transaction is mandatory if the buyer is a stranger and is not the owner of the flat; and if he owns one of the shares, the participation of the notary is not required.

The registration of the sales agreement for the room takes place within three to five working days, after which the parties to the transaction meet in Regpalat to obtain a copy of the document and the act.A certificate of ownership of the new dwelling is also issued to the buyer.

Warning:Under article 333.33, paragraph 24, of the Code of Criminal Procedure, the buyer pays the State for the registration of a contract of sale, which amounts to 2,000 roubles for individuals, which is supplemented by a certificate of ownership of 1,000 roubles.

Reasons for avoidance

  • If the owner of the room offers to process a transaction in the form of a gift contract and to hand over the money in cash without written confirmation, it is not worth agreeing to do so, because if a transaction has to be challenged, the buyer will not be able to return its money. The gift contract is free. The buyer will not be able to prove the transfer of the money without a receipt or an act of transfer of the money.
  • If the owner has not obtained the consent of the persons prescribed in the dwelling and co-owners.
  • There will always be a risk of fraud on the part of the owner.
  • There is damage to the seller or buyer during the course of the transaction due to the unfair conduct of one of the parties.
  • Unforeseen situations: For example, after the sale to the room, there are applicants (usually the owner ' s relatives) who may seek to challenge the rights of the new owner.

Warning:It is only through the courts that any real estate transaction can be declared null and void; even after a claim has been filed, the parties to the transaction retain the right to settle the dispute peacefully: to return the money for the room, to be discharged, and so on.

In order to avoid underwater stones during the sale of a room in a dormitory or communal apartment, you can always resort to the simplest way – to seek the help of a specialist.An experienced realtor will help negotiate with the neighbours, verify the legal integrity of the documents provided and the transaction itself.that minimizes possible risks.

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A contract to sell a room in a communal apartment, sample 2023

The buyer acquires ownership of the said room of an idol in the right to public use of the communal dwelling after the State registration of the transfer of ownership of the room, which can only be made after the buyer has fully paid the contract and the parties have issued the transfer certificate.

The ownership right shall be transferred after the State registration of the transfer of ownership in accordance with the procedure established by the law on State registration of real property rights and transactions. 3.4. shall be transferred in accordance with the terms of the Treaty within a period of up to 3.5.

The costs of the State registration of the transfer of property rights under the Treaty in the registry body shall be paid jointly by the Parties in equal shares; error has arisen at the level of the body that registers the disposal transactions.

The experts of Rosreestra sometimes requested permission to sell, but such a requirement was totally contrary to the law in force and violated the seller ' s rights.

These articles and documents can be useful to you.

If the share of the property is not determined, it is a joint property: if the owners have identified parts of each owner, the property is called a share. The apartment is located on the __ floor of the ________________-storey brick/stolen (selected) house at:.................................................................................................................

At the time of signing this contract, the seller took possession of the room and the buyer took ownership of the share in the public use of the said dwelling.

The priority right to purchase belonging to a neighbour is as follows: compared to third parties who do not own the communal dwelling, the neighbour has a special right to buy the room first.

If, on the other hand, he refuses to buy or ignores the offer made to him, the dwelling may be sold to outsiders.

If such a period is not specified in the preliminary contract, the basic contract shall be concluded within one year of the conclusion of the preliminary contract.

Which room can be sold — privatized or municipal?

The buyer shall at its own expense repair and maintenance of the designated room and contribute to the maintenance and repair costs of the local use of the flat in proportion to the one owned by itdol, in accordance with the rules and regulations in force in the Russian Federation for the State and municipal housing stock; the document belongs to the "Treaty" group; we recommend that the reference to this page be retained in its social profile or that the file be downloaded in a format that is convenient to you.

The way in which a room is made in a communal apartment depends on how it is handed over to the next owner. Taking into account all the subtleties is a difficult but achievable task. A literacy approach will help to avoid the unpleasant consequences of a subsequent challenge to the transaction. Tonight, we will examine in more detail how a room is being purchased in a communal apartment.

The general algorithm for the sale and purchase of a room in a communal apartment includes the following actions:

  1. Notify the neighbors of the intent to sell – respect for the priority right to buy.
  2. Collection of all necessary documents for the transaction.
  3. Conclusion of the main contract of sale.
  4. Registration of the purchase at the EGRN.

How do you properly complete the sales contract for a room in a communal apartment?

The seller took ownership (PRODAL) and the buyer took ownership (UPIL) of the seller's own room No.

The distinctive feature of the pre-purchase privilege is that the offer to buy a house should be made to all available neighbors, not selective to one.

Read also:  Model application for relocation to non-residential and non-residential accommodation

Municipal housing cannot be sold; it is part of the housing stock of the municipality and the State, it is the owners and only they can dispose of the property.

If the apartment is privatized, it is already privately owned, so that all transactions in the ownership, use and administration of such real estate are permitted.

, as confirmed by the certificate (indicate the sum in figures and in writing) N________________ issued by the BTI (indicate the number, month, year)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. The said room and share of the right to common property of the dwelling shall be sold for ________________________________s.

In terms of organizational issues and time costs, the second way is much easier, but there are substantial risks to the prospective seller that money will not be received from the buyer and that there will be no further opportunity to prove the reimbursability of the transaction.

The owner of the dwelling, room N 2, is not entitled to dispose of his or her share of the right of ownership of public places in a communal apartment, nor to engage in any other activity that would result in the transfer of that share separately from the right of ownership of the dwelling; if some of the tenants have privatized their shares and some have refused to take part in privatization, those who refuse to do so acquire the right to live in the apartment for an indefinite period of life; however, even if they have the right to do so, they cannot sell their room.

Preliminary contract for the sale of the room: Under the pre-contract, the sale of the room the parties undertake to conclude in the future a basic contract for the transfer of property under the terms of the pre-contract.

The buyer is satisfied with the quality of the room and the local usage established by internal inspection of the re-conclusion of the contract and did not find any defects or defects which the seller did not report to it.

The preliminary contract should contain conditions enabling the establishment of the subject matter, as well as the terms of the underlying contract, on which an agreement should be reached upon the conclusion of the preliminary contract by one of the parties.

At the time of signing this contract, the seller took possession of the room and the buyer took ownership of the share in the public use of the said dwelling.

In cases where a party that has entered into a preliminary contract avoids the conclusion of a basic contract, the provisions of article 445 (4) of the Civil Code shall apply.

The requirement of compelling the conclusion of a basic contract may be made within six months of the date of default of the contract.

It does not matter whether the room is created as a share of the common property or as a separate, isolated space – the priority right is established by article 42 of the Russian Federation ' s Code of Criminal Procedure for all communal apartments.

If you choose to use notary services and trust him with all the mail, he will send all the notices to each owner and, after the deadline, inform you of the acceptance of your offer, refusal or silence, which will be considered the same refusal.
According to the Russian Civil Code, in article 224, items belonging to two or more persons are their common property.

Good evening, please tell me if there's always a letter of offer to sell the share with the notice, or if it's a regular letter, and if I'm willing to buy the share sold, how should the answer be processed?

And as neighbours know the address of the propiska/registration (where the letter is sent), the 250th article of the Civil Code states that the owners of an entire object, when one of them decides to sell his or her share, have the right to buy the majority share of the apartment, i.e. to sell the share of the property.

may buy a share of the notice before offering it to outsiders.

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A preliminary contract shall be in the form prescribed for the basic contract and, if the form of the basic contract is not established, in writing.

Failure to comply with the rules on the form of a preliminary contract makes it null and void.

The parties are responsible for the failure or improper performance of their obligations under the Treaty in accordance with Russian law.

The said room and share of the right to common property of an apartment shall be owned by the seller on the basis of the right of ownership in accordance with ___________________________________________________________________________________ (state the name of the legal instrument,________________________________________________________________________________________________, e.g. the contract of 24 May 1999 for the transfer of ownership of the dwelling,________________________________________________________________________________________________________________________________, registered in BTI, ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If the notice of the sale of the share of the dwelling has not been given to the addressee, for example after the expiry of the period of storage, it is not necessary to despair; relatively recently (May 2013), the Civil Code of the Russian Federation has been amended to combat evasion of legal communications.

According to article 165.1, a communication shall be deemed to have been delivered and, if it has been received by the addressee but has not been served on him or her in the circumstances under which he or she is dependent; however, by using this form of notification, be prepared to defend his or her position in court.

The contract for the sale of shares in an apartment can be downloaded from the following link: in our article, read the rules for the formation of the contract, its forms and the conditions to be taken into account in its formulation.

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Compiling and downloading a contract for the sale of a communal dwelling on designer 2016

The sale of a room in a communal apartment is firmly part of the "top" of the most complex transactions involving real estate. In addition to collecting the necessary documentation, the owner will have to face the neighbors face-to-face, because they have a legitimate right of priority, which is unlikely to be circumvented. Compare with the contract for the sale of a share of the dwelling.

Sales contract for a communal dwelling: sample filling

Contract for the sale of a communal dwellingIt should contain all the standard information with a slight difference:

• Date, place of signature and details of the parties or their trustees;

• Subject matter: Please specify the address, floor, location, room area, and the share to be sold and held in common share ownership.

It must be borne in mind here that in the communes, every tenant has the right to own a particular room, and that he may dispose of it at his own discretion, but these are public places (sanuses, kitchens, balconies, etc.).

) are in equity property, where each tenant owns one of the equal shares;

• The cost and method of calculation should be as detailed as possible — this may be the calculation of the value of the dwelling on the basis of a payment schedule or on the basis of a cash or non-cash settlement under the contract for the purchase of the dwelling.

Of course, it is necessary to specify the rights and obligations of the parties, for example, that the buyer undertakes to pay within a specified time frame and the seller to clear the premises in a timely manner.

Sales contract for a communal dwelling, sampleThere are certain restrictions on the purchase of a communal dwelling for maternal capital.

Contract for the sale of a room in a communal apartment: characteristics of the transaction

That's what I'm gonna do.Prepare a contract for the sale of a room in a communal apartmentRight, you need to consider a number of nuances:

• Preferential right of purchase: Before selling the room to strangers, you must make sure that none of your neighbors wants to buy it; of course, simple conversation is not enough; neighbors are either required to write a written refusal to buy, or within 30 days of written notification do not respond;

• Notify you of your desire to sell the room to all your neighbors. If one of them doesn't live in his room, you need to contact him at the last known address.

• If there are unprivatized rooms in a communal apartment, you must send a notice to the municipal property authority.

Before selling, a share of the common property must be allocated, for which the seller and its neighbours must contact a notary who will confirm the equal distribution of shares in public places.

Where there are encumbrances, all the encumbrances must be expressly spelled out in the text of the contract for the sale of a communal dwelling.

A sales contract for a communal dwelling: How to deal with controversial situations?

Contract for the sale of shares in a communal apartmentThe thing is, the relationship between neighbors isn't always good.

Therefore, they may refuse to receive notification of their intention to sell the room, they may not answer anything, but they may only delay it, in which case the neighbours are most often driven by the desire to lower the price.

It is not uncommon for the owner to be in another city or his whereabouts are unknown.

If the neighbors don't want to make contact, you can do the notification procedure "voluntary-forced." You can contact the notary, he'll send the letter and send it with the notification. The absence of an answer within 30 days gives you the full right to dispose of the property.

The right of priority purchase may be circumvented as follows:

1. You should simply give a share of the dwelling to the buyer;

2. Once the documents have been processed, he will buy them out on general grounds, because he becomes your full-fledged neighbour, which is, of course, a legitimate but not quite the right way; it is relevant for those who, for certain reasons, have absolutely no time to wait for 30 days.

However, be careful. The salesman risks losing money. As a result, you have a room in a commune that is also owned in equity. It's not really easy to sell such a property, so it's better to use the scheme only with relatives or loved ones.

On our website, you can fill in anddownload a contract for the sale of shares in a communal apartmentYou need to answer questions in the form on the left, and the system will distribute the answers to the relevant sections of the agreement.

With the help of the designer of the "Just Documents" contracts, you can also quickly and simply prepare contracts for the sale of apartments of the following types:

Go to: Contracts for the sale of an apartment.

Reference to main publication