Last update: 03/05/2022
How does the purchase and sale of an apartment take place? What is the procedure for it? How to understand the documents? How not to be left without an apartment and without money? Realtors claim that only they know the answers to these questions. And that without their help an ordinary person cannot cope.
In our opinion, realtors greatly exaggerate their importance, and we will justify our position below.
Our website Apartment-bez-Agenta.ru breaks down the entire process of preparing a transaction, preparing documents, concluding a purchase and sale agreement, organizing mutual settlements and registering rights to real estate.
All stages of constructing a transaction are shown in STEP-BY-STEP INSTRUCTIONS for the Seller and for the Buyer of the apartment, for the primary and secondary markets (a graphical interactive diagram of the instructions will open in a pop-up window via the link).
What is the procedure for organizing an alternative transaction with an apartment and when building a chain - see the link.
, anyone the process of buying and selling an apartment correctly and safely It is not at all necessary to call a realtor and pay him a lot of money. Don't believe me?
Think for yourself. Do realtors easily cope with this task? Undoubtedly. Both agents in real estate agencies and private independent realtors (of which there are many throughout Russia) formalize transactions with apartments regularly.
Where do they teach us the real estate profession , that is, organizing and conducting real estate transactions? That's right - nowhere.
That is, of course, the agencies themselves can quickly explain to a beginner what and how to do, and sometimes there are paid courses in “real estate skills”, where they train “professional realtors” in a few days. But these “specialists” do not have any serious fundamental educational base. Why?
What methods of transferring money for an apartment are used in real estate market practice - see the Glossary at the link.
The answer may seem surprising to many. The thing is that a realtor is not so much a real estate specialist as a PRO-YES-VETS! The same as a seller of cars, office equipment or, for example, jewelry. And his work in the agency is assessed solely on the results of sales. I sold the apartment (more precisely, the services for conducting the transaction) - I earned my percentage, if I didn’t sell it, I didn’t earn it. The quality of these services and the qualifications of the agent do not affect the amount of the fee.
A car salesman also knows a thing or two about cars, but a car mechanic really knows a lot about them. The same applies to realtors.
Basic knowledge in the field of real estate allows them to successfully sell their services, organize and conduct transactions.
But the development of Apartment Purchase and Sale Agreements, verification of documents and resolution of legal issues are handled by professional lawyers , whom realtors themselves turn to regularly.
Why shouldn’t any participant in a transaction with an apartment repeat the same thing on their own?
Basic knowledge on how to properly conduct a purchase and sale transaction of an apartment can be obtained for free on this website (see STEP-BY-STEP INSTRUCTIONS above). And it is better to ask certain questions of a legal nature not to realtors, but to specialized lawyers. Their fundamental education and legal practice in real estate give more reason to trust their words.
As for the risks in transactions with apartments, they always exist. This is an axiom, and you have to come to terms with it.
The assurances of real estate agents that with their participation all risks will disappear, to put it mildly, do not correspond to reality. This assurance merely helps them sell their services.
At the same time, realtors do not bear any real (material, financial) responsibility for the consequences of the transaction. At most, they can return their commission and apologize. These are the realities of the market.
What grounds can there be for declaring an apartment purchase and sale transaction invalid?
What to do? How to avoid risks when buying and selling an apartment? But no way. That is, it is impossible to avoid them completely.
But reducing their level to a minimum is a completely feasible task for everyone. In the same way, no one can guarantee that they will not get into an accident while driving a car.
But every driver can reduce the risk of an accident if he follows the driving rules.
It is the rules for organizing transactions with apartments that form the basis of our STEP-BY-STEP INSTRUCTIONS.
With its help, it is easy to understand exactly how and in what sequence the transaction of buying and selling an apartment takes place.
The algorithm of actions is clearly shown in the diagram (in the pop-up window) - separately for the primary and secondary markets. And the accompanying materials on the site help to understand the nuances and legislative basis of such transactions.
By the way, in order to understand and correctly approach the risk in real estate transactions, we recommend that you look at our small section - “ On the risks of transactions with apartments .”
How to choose a Developer when buying an apartment in a new building? Qualitative and quantitative characteristics - see this note.
Services for independently conducting housing transactions
The practice of the real estate market shows that in recent years, more and more transactions for the purchase and sale of apartments are taking place without the participation of real estate agencies , and there are several reasons for this:
- Firstly, with the development of the Internet, more publicly available information has become available, which previously was only available to realtors (for example, databases of apartments are now available to everyone).
- Secondly, the central government body responsible for registering rights to real estate - Rosreestr - has posted on its website online services that allow anyone, free of charge or for a nominal fee, to obtain all the necessary information about the apartment and its rights holders. For more information about these services, see the specified link.
- Thirdly, multifunctional public service centers under the “My Documents” brand began to operate throughout the country. And in these centers, among other things, they issue certificates and extracts necessary for conducting an apartment purchase and sale transaction, and they also accept the entire package of documents for registration. It is understood that all these actions are performed by the Seller or Buyer of the apartment personally, and not through an intermediary agent.
Hence the simple conclusion: the state itself is increasingly creating comfortable conditions so that every citizen can solve their housing problem independently and complete a purchase and sale transaction without the participation of intermediaries.
And real estate agents, objectively, are now needed only by those who are simply too lazy to strain their brains and understand this issue. And also for those who have an extra wad of money to give to a realtor for those actions that everyone is able to perform themselves.
How to make an advance payment when buying an apartment? Deposit or advance? What is the difference and what is more often used in practice - see the link in the Glossary.
Some curious people will probably ask - who says this so confidently? How does he know this? Has he ever tried to work as a realtor and conduct transactions with apartments? My answer is that this is said by a former Moscow realtor with more than 10 years of experience, who successfully completed his career, and has already retired 5 years ago. So these are not delusional fantasies, but life observations. As they say, he who has ears, let him hear.
Professional support from a lawyer in matters of purchasing a home is NOT superfluous. Find legal advice on real estate and transaction support HERE .
- "SECRETS OF A REALTOR":
- How the purchase and sale transaction of an apartment takes place can be seen on the interactive map STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).
How to sell an apartment yourself?
Selling an apartment is difficult. Both experienced realtors and lawyers just starting out understand this. What can we say about a person who, only at the cost of his own efforts, is ready to take this important step alone. But nothing is impossible. This article will tell you step by step how to sell an apartment yourself.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!
On your own or with a realtor – what is the risk?
Many people ask the question: how to sell an apartment without a realtor? Is this real, is there enough strength? Maybe it would be better to hand over all matters to a professional agent and not worry again? Of course, you can delegate all matters to a specially hired person, or you can handle everything personally. Both cases have their obvious pros and cons.
As for the positive aspects, they are obvious. Without attracting extra people, you can get good monetary benefits . The seller receives all the profit. And either the price of the apartment already includes the commission that a realtor could receive, or the cost is underestimated by the same percentage, since the savings are already obvious.
In addition, precious time will not be spent searching for the person you need, since you must trust the real estate agent as you trust yourself. Fraudsters may be hiding under the guise of realtors; if you still have doubts about a specialist, then it is better to refuse his services.
Suspicion can only be raised by communication over the phone, and not in an agency; first meeting on neutral territory or lack of positive recommendations.
We gradually approach the advantages of concluding an agreement with an agent and, accordingly, the negative aspects associated with selling an apartment on your own.
Risk, nerves and time – this is perhaps the main thing behind such a step. Time is money, and this expression is more than appropriate. The disadvantages include months or even quarters spent on independent actions.
If we talk about anxiety, then it is also present during legal support of a transaction, what can we say about acting alone? In addition, you can miscalculate your strength and spend it in a less than optimal way by setting priorities incorrectly.
The danger of refusing a professional lawyer is fraught with incorrect execution of the transaction or the possibility of falling for scammers.
How much does your apartment cost?
It is necessary to accurately calculate the cost of the apartment by carefully studying the real estate market. You need to consider options for selling similar housing and its cost. Both significant factors and minor nuances can affect the valuation of an apartment.
Footage is the main criterion for evaluating an apartment; it significantly affects the price. An apartment with a larger area will always be higher in price. The total area includes living quarters, kitchen, hallway, and bathroom. The convenience of the layout and the number of rooms will be taken into account.
The location of the apartment also significantly affects the price. The center and prestigious areas are always more expensive. The outskirts and suburbs are valued less, regardless of the quality of the housing itself. Circumstances such as the presence of a nearby metro, transport accessibility, and urban infrastructure also have an impact.
Repairs and decoration are also important factors. But is it necessary to make repairs immediately before selling? According to experts, recently completed renovations increase the selling price of an apartment by an average of 10%. It is necessary to clearly calculate whether the costs will be worth it. Calculate the cost of materials and specialist services
It is better to make spot cosmetic repairs, eliminating the main, conspicuous defects (glue up peeled wallpaper, erase traces of leaks on the ceiling, paint over rust, etc.).
Such factors as the technical condition of the house and its type . The difference between the cost of an apartment of similar size, located in an old building and in a new building, will be significant. After all, in an old house there are old communications. Although "Stalin" buildings are valued higher by some people than "Khrushchev" buildings due to their high ceilings and large windows.
The floor is important if it is the first and last. Their sale is possible only if the price is reduced.
Often the price is influenced by legal issues , such as utility debts. Security , for example, a guarded area and the presence of a concierge, can become a significant nuance.
Appraising an apartment is also possible using an online calculator on many real estate websites. They take many factors into account and determine the average price.
We are preparing the apartment for sale
It is important to understand that a potential buyer will take into account not only the apartment itself, but also the order in the house itself . It is necessary to understand that there should be no garbage in front of the door to the entrance, the elevator must work and not leave the impression of a dirty corner. The lights on the stairs should be lit, and the stairwells should leave a favorable impression.
The apartment must be cleaned, the kitchen must be clean, and the bathroom must work properly and preferably have no smell. It’s better to throw out unnecessary things or sell them – an uncluttered apartment looks more spacious.
This applies to the balcony and hallway - they are cluttered, they don’t look so presentable. Check the operation of taps, radiators, interior doors, reliability of switches and curtain rods.
Pack personal and out-of-season items - this will only help the upcoming move, and the buyer will appreciate the minimum number of items in the rooms.
Preparation of documents for sale
The legal purity of the apartment is a necessary part of the transaction. How to sell an apartment without an agency, if a realtor is the best versed in all the legal intricacies? The collection of title documents falls entirely on the shoulders of the seller:
- Certificate of registration of the seller’s ownership of the apartment with the attachment of the grounds for the transaction - purchase and sale agreement, donation, etc. When receiving an apartment as a result of privatization, a contract of transfer of ownership is required. These documents are needed to ensure that the seller has the right to dispose of his property.
- Technical passport issued by BTI. It consists of a floor plan and inventory data. Since 2012, it has been replaced by a technical plan, which displays all the characteristics of the apartment.
- Cadastral passport with an attachment of the internal layout of the premises. It contains information about registered redevelopments and the exact size of the rooms.
- Extract from the Unified State Register of Rights.
- An extract from the house register (form No. 9), which reflects information about the number of people registered in the apartment.
- Documents confirming the absence of debt: a copy of the financial and personal account or a corresponding certificate.
- Written consent of the spouse to the transaction if the apartment was purchased after the marriage was registered. It could also be a prenuptial agreement.
- Permission for the transaction from the guardianship and trusteeship authorities, if the owner is a minor.
It is necessary to carefully study the documents, checking all data with the actual state of affairs.
Proper advertising
Buyers should inquire about the sale of the apartment. An advertising campaign is limited only by budget. This may include printing and posting advertisements, placing advertisements on the Internet, in newspapers and on local TV .
Advertisements in the newspaper should be published regularly, with equal frequency. Information on websites must be current and constantly updated.
A professional photographer can take high-quality photographs of the apartment. Please note that photographs must be taken from different angles and show all relevant details.
You can look at similar photos or put yourself in the buyer’s shoes.
What could he be interested in? They will advantageously complement a clear and understandable advertisement, which should contain the points that encourage the buyer to become interested in this particular apartment:
- data on the number of rooms
- indication of the total and living area of the apartment
- area of rooms and kitchen
- information about a separated or combined bathroom
- presence of a balcony
- address and floor
- nearest metro stations
- detailed comments
- Contact details
The ad should be concise, but at the same time stand out from the rest. It is necessary to emphasize positive or non-standard features. Use short phrases and words, avoid unnecessary and unclear abbreviations.
Phone and email are needed for prompt communication. A call or letter can come at any minute and you need to be prepared to communicate or correspond. Know all the necessary data, talk about the advantages and do not hide the disadvantages of the room.
How to properly demonstrate an apartment
It is necessary to agree on the exact time of the showing, since there may be several buyers. If plans change, take the time to notify visitors in advance. It is better to hide valuable and expensive things, as well as documents.
When buyers first visit, inspecting the rooms will not take much time. However, many questions may arise to clarify all the necessary details. Polite and honest answers to questions will attract and endear you to the other party.
Tell us about the features of the apartment, taking into account the personal characteristics of the buyer. For young parents, a nearby kindergarten, school, and clinic will be important. Boys and girls will be interested in entertainment places, transport, and parking. Information about neighbors may also be important.
The price can and should be adjusted at auction. A competitive price will not scare away potential buyers. It is not necessary to sell the apartment to the first buyer; perhaps a mutually beneficial offer will interest several people, and you will be able to make a choice. It is better to conduct negotiations on territory that is comfortable for you.
Conclusion of a preliminary agreement
The buyer has been found and both parties need to record their intentions. The conclusion of a preliminary agreement will confirm serious intentions.
Often the buyer deposits a certain amount to secure the transaction. This is an important point, since the buyer can find a cheaper option, and the seller can find a more profitable client. Financial payments must be accompanied by a mandatory receipt.
Payment by the buyer in advance does not oblige the conclusion of the contract. The advance can be returned at any time, and the advance agreement can be terminated. A deposit must be distinguished from an advance.
The deposit agreement is an annex to the preliminary agreement. From a legal point of view, subsequent refusal to sell the apartment may entail negative consequences for the seller in the form of payment of double the amount. The consequence for the buyer is that he may lose the amount he paid as deposit.
It is necessary to write down the technical characteristics of the apartment, the exact address, and the pre-agreed price. As for the timing, not only the period of sale itself must be agreed upon, but also the actual vacancy of the premises, as well as an extract from it.
It is also necessary to record the condition of the apartment, the property that remains to the buyer, the time of handing over the keys and their total number.
If these essential points are not recorded in writing, they must be discussed in detail orally.
Here is a sample preliminary purchase and sale agreement that you can recycle and use.
Bank safe deposit box
Payments with real estate can be carried out using both cash and non-cash payments.
When making payments between individuals, it is better to use the most convenient and safest option - a safe deposit box .
This guarantees that the seller will receive the full amount upon completion of the transaction, and the buyer can expect to receive ownership after handing over the money.
Depositing funds into a safe deposit box occurs under the control of a bank employee. Immediately before this operation, the seller can count the money and check its authenticity. The bank itself can also do this.
The funds are invested in a special package, the integrity of which is verified by the parties. Having glued the package, the parties put their signatures on it certifying this fact. After the transaction is completed, the seller takes the money.
Drawing up a purchase and sale agreement
After the banking procedure, paperwork begins. Most often, a purchase and sale agreement is concluded with a notary, and then the documents are submitted for state registration. The notary checks the compliance of documents with legal norms, verifies the legal capacity and competence of the parties to the transaction, and records the authenticity of their signatures.
You should definitely pay attention to the amounts specified in the contract, the method and period of transfer of money, passport details of the parties, and the deadlines for vacating the apartment. Transaction costs must also be allocated by the parties and recorded. An important point is the mention of the procedure and period for concluding and signing the acceptance certificate of the premises by the parties.
We offer a sample apartment purchase and sale agreement that you can use as a basis.
From this moment on, obligations arise, but not a transfer of ownership. Refusal of the deal at this stage will result in a new agreement or legal proceedings. Before registering the agreement, its cancellation occurs by submitting an appropriate application to a notary, which records the change or termination of the agreement and notes this in the register.
To register the contract, it is submitted to the registration chamber along with statements from the seller and buyer. Once property rights have been registered, the contract cannot be annulled. The registration period is about a month. After this, the transaction enters into legal force by making an entry in the Unified State Register of Rights.
Transfer of apartment
The step-by-step instructions for selling an apartment yourself have come to its logical conclusion. Its last stage will be the direct transfer of the apartment. After receiving a duly registered purchase and sale agreement, the housing will be released and deregistered, that is, the actual and legal release of the apartment.
Check-out from the apartment occurs with the help of the passport office on the basis of the presented purchase and sale agreement. When removing items from the premises, you must sign a transfer acceptance certificate. All controversial issues regarding utility bills must be resolved and the keys must be handed over.
Features of selling an apartment while simultaneously purchasing another apartment
In a transaction that involves the simultaneous sale of an apartment and the purchase of another residential property, careful preparation is required. Such alternative transactions are quite complex in practice. The first thing you need to do is get an advance for your apartment and transfer an advance for the one you are going to buy. The terms must be clearly agreed upon and satisfactory to both parties.
Often this scheme is used in mutually beneficial exchanges of a larger for a smaller area or vice versa, as well as in the resettlement of communal apartments. As a rule, a change of area occurs - with the exchange of equivalent housing.
In case of additional payment, the exchange takes place between apartments of fundamentally different sizes. The most difficult transactions are those in which two apartments are purchased instead of one or vice versa.
The difficulty lies in following the exact procedure for such a transaction, which can consist of a large number of steps.
So, let's look at the chain in order
- Finding a buyer for your apartment. As confirmation of his purchase actions, he pays an advance or deposit. The agreement for such cash payments is usually concluded for a month.
- Searching for a new living space. This can be done already at this stage.
- Transfer of an advance or deposit as security for a transaction. The contract specifies the conditions for its return.
- Collecting documents for both apartments, checking them, preparing sales and purchase agreements. The details of the transaction are discussed, including its date and place. The details of registration of the purchase and sale agreement are clarified.
- Calculations must be clearly stated and carried out. The money is placed in a safe deposit box. The deposit is made by the buyer of your apartment, and the seller of the other apartment receives them. The required number of cells will be determined by the total number of apartments.
- At the same time, concluded and signed purchase and sale agreements are submitted for registration.
- All apartment sellers can withdraw their money from the lockers only after receiving registered sales agreements. Monetary transactions between the parties are confirmed by receipts.
- The procedure for transferring apartments and signing acceptance certificates takes place one by one. The terms are specified in advance in the contracts. The sellers of the last available apartment must transfer the premises first.
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How to sell an apartment without intermediaries quickly and at a good price
A seller who wants to sell an apartment on his own must organize the receipt of the missing documents, carry out pre-sale preparation of the apartment, place advertisements on thematic resources, work with buyers, and conclude a preliminary and main agreement. Depending on the specifics of the situation (purchase through a mortgage, the apartment being sold is registered in the name of a child), changes are made to the procedure. In some cases, the seller is required to file a return and pay tax.
The services of real estate agencies and private realtors offering their assistance in finding a buyer vary between 4-10% of the property’s value. Often the owner of a residential property has to pay the amount before receiving the money, which is unprofitable and expensive.
However, the owner is able to organize the sale of an apartment without a realtor and save a decent amount. The main rule is to follow the established plan.
Selling an apartment: where to start
Selling an apartment is an event that includes many stages and actions. Some of them are carried out by an intermediary, but with a personal sale you will have to plan the transaction yourself.
Conventionally, the sale can be divided into two stages:
- preparatory:
- collection of documents;
- redecorating;
- emptying the premises of things;
- advertising;
- showing the apartment to potential buyers.
- basic:
- conclusion of a preliminary agreement;
- receiving a deposit;
- execution of the main agreement, its registration;
- handing over the apartment and keys;
- receiving the remaining amount;
- settlements with the tax authorities.
Step-by-step instruction
Before selling an apartment without a realtor, the seller needs to give it a marketable appearance and correctly determine the price. The price must correspond to the market price: overestimation reduces buyer interest and switches attention to similar, but cheaper offers.
A list of documents should be ready before the start of a sales campaign. Some of them have already been received, and the rest, which have a limited validity period, are recommended to be completed before signing the main contract.
Preparation of documents
Having a complete package of documents simplifies and speeds up the execution of the transaction. The list is determined by the characteristics of each object (for example, when investing maternity capital or the presence of property interests of a minor), however, in most cases, the papers named in the table are sufficient.
Table 1. Documents required for independent sale of an apartment, by time of receipt
| Documents required immediately | Documents that have a limited validity period and are received before the transaction |
| Certificate of ownership of the apartment. If the property was purchased after the certificates were cancelled, you will need an agreement under which the property was transferred into ownership and an extract from the Unified State Register of Real Estate | Consent of the guardianship authorities to sell the apartment if the interests of the minor owner are affected |
| Passport or birth certificate for child owners under 14 years of age | Help form 9 |
| Cadastral passport for an apartment | Certificate of settlements with utility services |
| Technical certificate | |
| Certificate from the tax service confirming the absence of debts | |
| Consent of the second spouse to the alienation of real estate |
Apartment cost
The next stage of preparing an apartment for sale is determining its value. The independent work of the owner in assessing real estate consists of the following actions:
- use of online calculators that determine the price based on the entered parameters;
- studying the real estate market by viewing and analyzing similar advertisements for sale.
The objective cost of an apartment depends on its characteristics:
- area, the size of which is directly proportional to the price: the larger the footage, the higher the cost;
- the number of rooms and their location relative to each other (adjacent rooms are valued lower than isolated ones);
- floor (the first and last are in less demand);
- availability of repairs;
- house address and area;
- availability of infrastructure and social facilities (clinics, kindergartens, schools);
- condition of the house;
- legal aspects (presence of unpaid debts or third parties registered in the apartment).
Pre-sale preparation
It consists of decorating the appearance of the apartment. There is no need to make any repairs to the premises - it is enough to make cosmetic improvements, empty the balcony and storage rooms of old things, remove broken furniture, check the sewage system and the condition of the pipes, plumbing, and the serviceability of the electrical wiring.
It is advisable to immediately empty the apartment of unnecessary items that are not for sale, or plan the transaction so that there is enough time to remove the furniture.
Realtors advise tidying up the stairwell: screw in a light bulb, remove graffiti, replace broken glass. The well-maintained appearance of common areas has a positive effect on the impression of potential buyers.
Rice. 2. Empty room with a flower. Source website SPbNOVOSTROYKA.RU
Client search and presentation
The search for a client is most often carried out through advertising on thematic sales sites. An advertisement can be posted on several resources at the same time. As an addition, you can post paper versions of the proposal or advertise in newspapers and magazines.
The ad contains information about the apartment and well-taken photographs: high-quality, without unnecessary (personal) things, covering the space as much as possible. Information about the property being sold is presented in such a way that the client does not have any additional questions.
When demonstrating real estate, it is recommended to find out the purposes of the purchase and, depending on them, focus on the necessary nuances, strengthening the desire to buy.
For example, those who plan to rent out an apartment are interested in good repairs, the availability of furniture and appliances, which requires minimal investment.
When purchasing for permanent residence, the seller should mention the developed infrastructure and the possibility of zoning the premises.
Making a deal
The purchase and sale involves concluding a preliminary agreement, depositing money or putting it in a box, signing the main agreement, registering it, transferring the apartment and receiving the remaining amount. In some cases, the list may be expanded or reduced.
Drawing up a preliminary purchase and sale agreement
A preliminary purchase and sale agreement confirms the parties' intention to conclude a transaction and ensures that no refusal will occur during subsequent preparatory actions. A security payment is also made against it, which serves as a guarantee of the conclusion of the main agreement. Of course, the parties have the right to refuse the sale and purchase, but in most cases this does not happen.
A similar option is concluding an agreement on a deposit or advance payment. The contracts differ, but their essence remains the same: the buyer deposits money, assuring the seller of his intention to purchase an apartment from him, the owner of the property receives guarantees that the transaction will be completed.
According to the agreement on making an advance payment, if the buyer refuses the transaction, he receives the deposited funds in full. The deposit has a different nature: if the buyer refuses, he loses money. If the seller is at fault, he has to return double the amount to the buyer.
To avoid unpleasant consequences and confusion, the parties are advised to either seek advice from a lawyer experienced in real estate or enter into a preliminary purchase and sale agreement using advance payments.
The preliminary agreement contains the terms to be included in the main agreement:
- subject of the contract - apartment, its address, characteristics of the house, floor, number of rooms, total and living areas (information must correspond to the cadastral passport);
- price;
- payment procedure (one-time payment or installments);
- distribution of expenses for the transaction (notary, locker rental agreement, state duty and others);
- the period during which the seller undertakes to vacate the apartment and deregister if this has not been done;
- terms and procedure for transferring the apartment and signing the act;
- liability of the parties for violation of obligations.
Download a sample preliminary agreement.
The amount is paid in cash or by bank transfer. In the first case, the seller draws up a receipt for receiving money from the buyer. When transferring money through a bank, the buyer is given bank documents that indicate the basis for the transfer (preliminary purchase and sale agreement and its details).
Payments for an apartment
The next stage is payment for the purchase. The use of a safe deposit box has come into practice as the most reliable and safe method of cash payments between individuals.
Its essence lies in the fact that the buyer enters into a lease agreement for a safe deposit box for a period sufficient to carry out registration actions. It specifies the conditions for receiving money.
The deposit of money is carried out in the presence of the parties and a bank employee. The money is counted and put into the package. It is sealed and sealed with the signatures of the parties.
After registration actions, the parties receive a registered agreement and an extract from the Unified State Register of Real Estate, indicating the transaction. Based on these documents and the apartment acceptance certificate, the seller will receive the funds deposited in the locker.
Rice. 3. A woman opening a safe deposit box. Source MUK
Similar forms of non-cash payment are letters of credit and payment orders.
Note! You can buy and pay for real estate using borrowed funds. Registration of a mortgage involves non-cash payment. The bank transfers money to the seller’s personal account after registering the transfer of ownership (agreement).
Concluding an apartment purchase and sale agreement and registering the rights of the new owner
The main purchase and sale agreement is drawn up in writing in 3 copies. If there are several sellers or buyers or one of the parties to the transaction is a child, then the agreement is drawn up by a notary. In other cases, notarization depends on the wishes of the parties.
The contract includes the conditions under which the preliminary agreement was concluded. The set of documents is supplemented by a receipt for payment of the state duty.
- Download a sample purchase and sale agreement.
- The parties visit the MFC or Rosreestr, where they write an application to carry out registration actions.
- Table 2. Deadlines for registration actions
| Deadline, working days | Action |
| 7 | Registration when applying to Rosreestr |
| 9 | Registration when applying to the MFC |
| 5 | After the court decision comes into force |
| 3 | When submitting a notarized contract to Rosreestr, if the documents are submitted in electronic form |
| 5 | When submitting a notarized agreement to the MFC, if the documents are submitted in electronic form |
| 5 | Registration of a mortgage through Rosreestr |
| 7 | Registration of a mortgage through the MFC |
Transferring an apartment and receiving money
After registering the transaction, the buyer receives a registered agreement and an extract from the Unified State Register of Real Estate, indicating that an entry has been made in the register. The seller is given only his copy of the contract.
The next stage is the transfer of the apartment and the execution of the transfer and acceptance certificate. It is drawn up in two copies, and if the buyer attracts borrowed funds - in 3 (+1 for the bank).
Based on the registered agreement and the transfer and acceptance certificate, the bank gives the seller access to the money. At this stage the transaction is completed.
Important! After registration actions, the parties will have tax obligations. The buyer can apply for a tax deduction, and the seller is obliged to file a declaration and pay the tax if he has owned the apartment for less than 5 years (Article 217.1 of the Tax Code of the Russian Federation).
Typical mistakes when selling your apartment
When selling an apartment on your own, an inexperienced seller may make mistakes. They will affect the speed of the sale and its profitability for the seller himself.
- Incorrect assessment of the apartment. Incorrect determination of value (overestimation or underestimation) delays the transaction or makes it unprofitable for the seller.
- No pre-sale preparation has been made. Presentation is of great importance and affects the price. Torn wallpaper, leaking pipes, dirty plumbing will not make the right impression on a potential buyer. Most likely, he will ask for a discount.
- Documents are incorrect or missing. This circumstance will delay the conclusion of the contract if the buyer does not refuse the deal.
Selling an apartment without a realtor is a complex and voluminous procedure. Following the instructions provided and thoughtfully completing all stages will help make it easier and sell your property profitably.
Additional information is available in the video
Selling an apartment through the MFC
Everyone may face the need to sell an apartment at some point in their life. This procedure has many nuances, but is now much simpler than just a few years ago.
Real estate transactions are processed by the Federal Service for State Registration, Cadastre and Cartography (Rosreestr).
You can also register the sale of an apartment through the MFC (Multifunctional Center “My Documents”) - we will tell you about this registration option.
The main stages of selling residential real estate
State registration of a transaction for the purchase and sale of an apartment is one of the final stages, which is preceded by several more preparatory stages. Of course, the first thing you need to do is find a buyer for the property, reach agreement on the terms, contract amount and other nuances.
Next, the contract is drawn up. For this purpose, a ready-made form can be used, which takes into account all the requirements for the preparation of such documents. You can also draw up a contract yourself.
You can also draw up a purchase and sale agreement with the help of a lawyer, notary or real estate agency.
A sample apartment purchase and sale agreement can be obtained on the Rosreestr website, where forms and templates of documents necessary for real estate transactions are presented.
- Download a sample apartment purchase and sale agreement (simple)
- Download a sample agreement for the purchase and sale of an apartment using credit funds
- Download a sample contract for the sale and purchase of an apartment in shared ownership
If previously a prerequisite for all housing transactions was the involvement of a notary, now you can do without his services. The parties can sign the purchase and sale agreement for an apartment simply during a personal meeting, without involving third parties. Of course, the presence of a notary will help significantly reduce risks, but will require additional time and financial costs.
The mentioned stages immediately precede the registration of the transfer of ownership of the apartment.
Where can you register a real estate transaction?
When the documents necessary for the sale of an apartment have been collected and the contract has been signed, you need to decide where exactly the transaction will be registered. You can do this in several ways:
- through the MFC “My Documents”;
- in territorial branches of Rosreestr (except for Moscow, where Rosreestr does not work with individuals);
- through the State Services portal.
When choosing one of these options, you need to understand that it is Rosreestr that is directly involved in registering transactions, and the MFC and the State Services portal act only as intermediaries. But an increasing number of sellers and buyers of real estate prefer to contact the MFC, since the working hours there are more convenient and it is much easier to get an appointment there.
Please note: if the property is located on the territory of another cadastral district, then submission of documents is possible only through the offices of Rosreestr.
How to register the sale of an apartment through the MFC
The procedure for completing a transaction through the MFC is quite simple.
STEP 1. Make an appointment.
- You can do this in several ways:
- The first two options are the most preferable, because the time spent waiting in line in this case will be minimal.
- STEP 2. Preparation of a complete list of documents for the sale of an apartment
This list may vary depending on the terms of the transaction (for example, on how the alienated apartment was received, on the presence of a mortgage, etc.). We will consider one of the simple options when an apartment is purchased without a mortgage.
When concluding a transaction, the parties must collect a certain package of documents, which includes:
- passports of the parties to the transaction (or their representatives, along with a notarized power of attorney);
- documents on the ownership of the property involved in the transaction (“greenback” or an extract from the Unified State Register of Real Estate, which must first be ordered from Rosreestr or here from the MFC);
- if the apartment has not yet been registered with Rosreestr - a document according to which the ownership rights to the apartment were previously acquired by the current owner;
- in some cases - a technical passport of a residential premises, the validity of which does not exceed 5 years (obtained from the BTI);
- current purchase and sale agreement in triplicate;
- if the seller is married, the spouse’s consent to the sale;
- receipt of payment of the state duty (formally the need to provide it is canceled, but it is still better to attach it to the package of documents).
When selling a share of an apartment, the participation of a notary is mandatory. It is also mandatory to comply with the rule that other participants in shared ownership have the priority right to purchase a share.
Please check the list of required documents for your case by calling your MFC hotline. You can also use the document selection service of the official website of Rosreestr.
- STEP 3. Transfer of documents for transaction registration
- Having received an appointment with the registrar, the seller fills out an application for the transfer of ownership, and the buyer fills out a similar form, but for registering a new right.
- Application form for state cadastral registration of real estate and (or) state registration of rights to real estate
Then the buyer must pay a state fee, which is collected for registration of the purchase and sale of an apartment.
Along with the payment receipt, completed applications from the seller and buyer, the collected documents for the sale of the apartment are also transferred to the registrar.
In return, applicants receive a receipt confirming the acceptance of documents for registration, which contains a complete list of accepted papers (it is advisable to check this), the case number and the registration period. At this moment, the process of registering the purchase and sale of an apartment through the MFC will be launched.
STEP 4. Receiving ready documents
On the appointed day, you must come to the MFC again to receive your copy of the agreement with Rosreestr marks. You can check the readiness of the documents in advance, although deadlines are usually respected, and in case of any questions, the registrars themselves will contact the applicants.
Features of selling apartments through MFCs in Moscow and St. Petersburg
Residents of the capital can obtain the necessary information about the addresses of the Moscow MFC and work schedules on the website md.mos.ru.
There you can also find telephone numbers for pre-registering an appointment to register a housing sale agreement, write an email with your question, and read the instructions that will help you quickly understand all the features of registering real estate transactions in the capital.
A similar site for residents of St. Petersburg, gu.spb.ru, will also help you quickly obtain the necessary information and sell an apartment through the MFC quickly and conveniently.
Terms and cost of the service
The state duty for registering a transaction in 2017-2018 is charged from individuals in the amount of 2,000 rubles, from legal entities - 22,000 rubles.
The term for registering an agreement through the MFC is 10 working days. To this period it is necessary to add several days necessary for the transfer of documents between the MFC and Rosreestr.
Suspension and refusal of registration of rights
The law specifies several grounds that give the registrar the right to suspend the registration of a transaction or completely refuse it.
Registration of a transaction for the purchase and sale of an apartment through the MFC is suspended in the following cases:
- an incomplete package of documents was provided;
- contradictions between registered and declared rights were identified;
- errors were found in documents or doubts arose about their authenticity;
- the form and content of the documents do not fully comply with current legislation (for example, not all essential conditions are specified in the purchase and sale agreement);
- there is no necessary consent of third parties to the transaction in some cases;
- the property is under arrest or encumbrance;
- the registrar did not receive a timely response to the request for information through interdepartmental channels, for example, from the Federal Tax Service or the Federal Migration Service.
If the transaction registration process is suspended, its participants are sent notifications detailing the reasons for this decision. The suspension of registration continues until the reasons that caused it are completely eliminated, but not more than three months. In the future, registration will either be renewed or it will be refused.
Registration of property rights can be refused only if a suspension was first made and its reasons were not eliminated within three months. If registration is refused, the state fee is not refunded.
It is worth remembering that the registrar has the right to return documents without examining them, which happens if there are erasures, additions or other marks in the documents, as well as in the absence of a receipt for payment of the state duty and the registrar does not receive information about its receipt within 5 days.
Conclusion
The purchase and sale transaction of an apartment through the MFC, provided that all documents are correctly completed and the fee is paid on time, is completed quickly and conveniently.
- If you have any questions, please call our toll-free hotline:
- 8 (800) 350-20-43 for regions of the Russian Federation
- 8 (499) 577-02-04 for Moscow
- 8 (812) 425-60-51 for St. Petersburg
- or use the form for a free consultation:
| Please note: lawyers do not make appointments, do not check the readiness of documents, and do not advise on the addresses and operating hours of the MFC. |
Procedure for purchasing an apartment
To read you need: 3 minutes.
Buying an apartment on your own is a risky endeavor if you do not have the appropriate legal education or if you do not buy it from people you can trust.
When completing the vast majority of transactions, you cannot do without the help of a qualified realtor, since you will most likely need help not only with the formal side of the matter regarding the preparation of the necessary documents, but also, possibly, an independent assessment of the cost of the apartment, as well as a legal verification of the security of the transaction.
So, let's look at the step-by-step actions taken when buying an apartment.
Procedure for registering an apartment purchase
The conclusion of any purchase and sale agreement must be preceded by a thorough check of the legal purity of the property!
It all starts with history - the history of the apartment and all its rights holders who existed during the existence of the property.
- The verification of apartment owners should include an analysis of:
- physical and mental health of the seller, testing for alcohol and drug addiction, mental disorders, age-related neurological diseases affecting memory function, chronic diseases that may affect the psycho-emotional state of the seller - if such diagnoses occur, the seller or his relatives may initiate legal proceedings proceedings challenging the transaction as invalid, etc.;
- in the case of acquiring rights to real estate by inheritance - the period that has passed since the death of the previous copyright holder, and the legal basis for the transfer of residential real estate to the heir (the authenticity of the will, the absence of other options for the will);
- a court decision regarding the likelihood of its cancellation or appeal to higher authorities, as well as its authenticity - in the case of acquisition of rights to real estate by a court decision, when in the course of past legal proceedings of the current owner with other applicants for the apartment, the court accepted his position;
- the number of rights holders of the real estate being sold: are there any conflicting relations between the owners, since if there are shares of ownership of the apartment, a situation may arise where the sale and purchase transaction is contested on the basis of Article 250 of the Civil Code of the Russian Federation, according to which the owners of the shares have a pre-emptive right to purchase the share being sold;
- in the case of acquiring rights to real estate under a gift agreement covering the purchase and sale agreement - the legal aspects of the purchase of this apartment. If the former copyright holder successfully challenges the gift agreement in court, the new owner will lose both the apartment and the money paid;
- the presence of minor apartment owners whose rights are protected by Russian legislation. In this case, the legality of the rights to sell residential real estate is checked, which is carried out by submitting a request to the guardianship and trusteeship authorities - they must confirm the issuance of the appropriate permits;
- relations between owners and law enforcement agencies, which can significantly affect the completion of a purchase and sale transaction, if the copyright holder is wanted or under investigation, if he has had problems with the law in the past - it is important to understand whether the seller will disappear after receiving the deposit.
- Inspection of the residential property itself, including:
- information about past and possible future major repairs, redevelopment, reconstruction, possible demolition, and the state of communications;
- the authenticity of all title documents (extracts from the BTI, Rosreestr, passport office);
- the apartment is pledged to credit institutions, etc.
The buyer has the right to demand from the seller:
- an archival extract from the house register, which reflects information about who and when was registered in this living space, when and where they were discharged and for what reason;
- IPA and ND certificates for all owners;
- cadastral passport, which reflects the redevelopment in the apartment, the so-called “red lines”, if any.
It is important to know!
The buyer can independently contact the Unified State Register of Rights to Real Estate and Transactions with It (USRP) and order the appropriate extract with information about the apartment being sold, which is issued without the knowledge of the owner upon the buyer’s application.
The certificate is an official document containing the name of the owner of the property and the legal basis for his obtaining ownership rights to the property. It is better to do this on the eve of signing the purchase and sale agreement.
Please keep in mind that the official processing time for the statement is up to 10 calendar days.
Preparation of documents when purchasing an apartment
If the verification of the owners and the property was successful, you can begin to carefully study the purchase and sale agreement, which is best entrusted to an experienced realtor.
The purchase and sale agreement must necessarily contain the following information:
- necessary for unambiguous identification of real estate - the address of the location of real estate on a specific land plot or as part of another real estate object, the name (type) of real estate, its actual area according to documents and purpose - are determined by Article 554 of the Civil Code of the Russian Federation and paragraph 3 of paragraph 6 of Article 12 of the Law on state registration;
- about the price , which includes (in the case, for example, with a country cottage) the cost of the land plot transferred along with the real estate and the rights to it, which can be expressed in rubles or other currency, or in rubles and currency at the same time. The price must be indicated for the entire object or per square meter (this provision is established by Articles 555 and 317 of the Civil Code of the Russian Federation);
- about all owners, about the procedure for their deregistration and their vacating the apartment for sale from the living space being sold .
If the contract is drawn up correctly and does not raise any questions, then all that remains is to provide the following documents:
- identification document (passport);
- marriage certificate (if the buyer is married and purchases housing in equal shares);
- notarized consent of the spouse to conclude a purchase and sale agreement (if the apartment is purchased as sole property).
If the purchase of an apartment is carried out using credit funds - a mortgage, payment with a housing certificate, maternity capital or a subsidy - then in addition to the above documents you will need:
- mortgage loan agreement or other loan agreement;
- mortgage;
- certificates from psychoneurological and narcological dispensaries stating that the seller of the apartment is not registered with them;
- some other documents as required by the bank.
When all the documents have been collected, the history of the apartment and its owners has been verified, and the purchase and sale agreement is beyond doubt, you can proceed to signing it and paying for the purchased property, which, if done in cash, must be confirmed by a receipt for receipt of money. You should be sure that the seller will not receive the money before the apartment is re-registered in your name.
The conclusion of the transaction must be carried out in a negotiation room in a bank that has a depository, which is selected by agreement of the parties. At the bank, lease agreements for lockers are signed, in which funds are pledged until the completion of the process of registering the transfer of ownership in Rosreestr.
Cell rental agreements specify the conditions of access and define the documents required for access to the cells. This scheme provides maximum security for both the buyer and the seller.
In the case of a transaction using mortgage funds, it is carried out at the bank that issues the mortgage loan.
On the same day, all legal documents must be submitted to Rosreestr (Federal Service for State Registration, Cadastre and Cartography), and an application to register the transaction must be signed in the presence of a representative of the Federal Service. The buyer should then receive a receipt listing the documents provided and indicating the date of their return after registration and receipt of the certificate of ownership of the apartment, which usually takes from a week to a month, depending on the nature of the transaction.
Cost of registration of purchasing an apartment
The costs of purchasing an apartment include:
- state fee: for registering the transfer of ownership (the fee can be divided in equal shares between the buyer and seller of the apartment);
- payment for notary services;
- payment for real estate agency services for legal support of the transaction.
At the final stage of purchasing an apartment, a transfer and acceptance certificate of the property is signed, after which the transaction is considered fully completed.
Knowing all stages of the apartment purchase procedure is important, regardless of whether you carry out the transaction yourself or seek help from realtors.
Find out in advance the work schedule of the official services and banks you will contact, as well as the deadlines for completing the documents you need.
Remember that the seller is usually interested in a quick deal, and his apartment may attract other buyers.
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