Is it possible to sell an apartment with a registered person, purchase and sale agreement for an apartment with registered people (sample)

• Sometimes the homeowner cannot register relatives or friends who were previously registered by him.
• In some cases, registered persons appear only after purchasing an apartment and are a painful legacy of past owners.
• But life makes its own adjustments, and sometimes such an apartment needs to be sold, regardless of the current situation.

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Is it possible to sell housing with citizens registered there?

A purchase and sale transaction is characterized by the transfer of property rights from the seller to the buyer and the alienation, as a result of the transaction, of ownership rights. It is regulated by the sources of legislation specified in Articles 130, 131, 549, 550-558 of the Civil Code of the Russian Federation. In these legal norms there is no prohibition on the sale of housing with a person registered in it.

Accordingly, such a transaction can be made. However, these sources indicate that during the transaction all real rights of the seller are transferred, as well as his responsibilities for the disposal and responsible management of his property. This means that, along with real rights, the problems that the seller had, but did not solve, are also transferred to the buyer.

The basis of the purchase and sale is the registration of the transaction in Rosreestr, after which the transaction is considered completed. Registration is regulated by the norms of Article 131, paragraph 1 of Article 551, paragraph 2 of Article 558 of the Civil Code of the Russian Federation and Federal Law No. 218-FZ of July 13, 2015. These sources also do not interfere with the purchase and sale of an apartment with registered people. The transaction is registered in the standard mode.

Ideally, all family members of the seller should be discharged by the time the purchase and sale agreement (SPA) is signed, but in practice, discharge is often carried out after the transaction.

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A person registered in the seller’s apartment may have a different title (he is the owner or not the owner, etc.), which determines whether the transaction can be completed and how clean it will be. Such a person could be:

1. The owner himself and his family members who intend to check out after the sale of the apartment. Such situations are especially common in alternative transactions.
2. Relatives or friends of the seller whom he previously registered, but cannot register.
3. Ex-spouses after divorce.
4. Residents who have not lived in the apartment for a long time, left over from previous owners, and registered before the seller acquired ownership rights.

Regardless of this, the transaction has unified characteristics and is carried out step by step, in accordance with certain regulations provided for the sale of real estate on the secondary market. The seller must follow the sequence of steps below:

• apartment appraisal;
• preparing a package of documents for an apartment;
• search for buyers;
• conducting viewings;
• conclusion of a preliminary purchase and sale agreement (PDPA) (at the discretion of the parties);
• conclusion of the main purchase and sale agreement (MPA).

After registering the transaction, the seller is obliged to vacate the apartment and remove all residents from the registration register, unless otherwise provided by the contract.

Property valuation

When determining the current value, it is necessary to take into account the status of a person who has not been deregistered. If this is the owner and members of his family, then their registration should not affect the pricing of the property. In this case, the standard cost provided for the corresponding area of ​​the locality is established.

To more accurately determine the current cost, it is best to focus on successfully completed transactions or the cost of 1 m2 of housing.

When a person who needs to be discharged through the court has not been discharged, the price will have to be reduced to 5% to begin with, and if a buyer is not found within a month, you need to be prepared for a subsequent change downward.

Preparation of a package of documents

The seller of the apartment, the owner, must prepare the following documentation:

1. Passport.
2. A document of title, which may be an agreement, a certificate of inheritance, a court decision and other similar documents.
3. An extract from the Unified State Register of Real Estate, which is a title document, and a cadastral passport.
4. Technical data sheet with an explanation of the floor plan.
5. Cadastral certificate confirming the absence of collateral and the absence of arrest.
6. A copy of the personal account.
7. Extract from the apartment register.

Additionally you may need:

1. Consent of the spouse if the apartment is joint property.
2. Consent of the guardianship and trusteeship authorities, if the owner is a minor.

All documents must be legal, and originals must be presented.

Search for buyers

You can find buyers through advertisements posted on the Internet or in local media.

The advertisement is submitted in the standard mode; there is no need to indicate the presence of “extra” tenants.

But if the buyer has to tinker with the registered persons, due to which it is planned to reduce the cost of housing, you can indicate a standard price, and next to it add the wording: “bargaining is possible.”

Conducting viewings

If you plan to save the extract for the owner and his family members, then it is not recommended at this stage to communicate your intention to keep the registration for some time after the transaction.

Conclusion of the PDCP

If a buyer is found and he is not intimidated by the persons registered in the apartment, you can proceed with the conclusion of the PDCP. This procedure is regulated by the provisions of Article 429 of the Civil Code of the Russian Federation.

You should be careful when concluding it.

There may be cases when the buyer agrees to a transaction and makes a deposit according to the PDCP, and then refuses the transaction due to registered persons and demands the return of the deposit in double amount.

According to the provisions of Articles 380 and 381 of the Civil Code of the Russian Federation, if the seller is guilty of disrupting the transaction, he returns double the amount received as a deposit.

To avoid such troubles, you need to:

• immediately conclude the main contract of sale;
• or in the PDCP the prepayment should be called “advance” rather than “deposit”.

Otherwise, the PDCP is compiled in the standard mode; no additional requirements are imposed on it. Here you must indicate:

• information about the parties to the transaction;
• characteristics of the apartment;
• price for the transaction;
• timing of the transaction.

The preliminary agreement has legal force until the conclusion of the transaction and is not registered anywhere.

But in order to avoid subsequent claims from the buyer, it makes sense to include an additional provision about the person registered in the apartment.

To do this, you can use a simple wording: “Ivan Ivanovich Petrov remains registered in the apartment.” If the question concerns the owners of the premises, then it is enough to discuss this issue orally.

• Download the PDCP form
• Download sample PDCP

Conclusion of a purchase and sale agreement

Its essential provisions must be included in the DCP. Without them, the document has no legal force and will not be registered with Rosreestr.

The essential provisions are:

1. Subject of the agreement, which indicates the parties to the transaction: Seller and Buyer, as well as the parameters of the apartment.
2. Here, a standard wording is introduced stating that the real estate is the property of the seller, and its sale does not violate the rights of third parties. Such wording should be included if the person registered does not have the legal right to claim use of the apartment.
3. Price of residential premises.
4. Conditions and method of payment. This refers to the use of a housing certificate, a mortgage. Payment method includes cash, letter of credit, safe deposit box.
5. Deadlines for transferring money, indicating installments or one-time payment.
6. Conditions for transferring the apartment to the buyer.
7. Deadlines for vacating the apartment. If the owner and his family remain registered, then the date when they will be discharged should be indicated.
8. Rights and obligations of the parties.
9. Responsibility of the parties. Here you can enter a condition on imposing a penalty on the seller if he and his family do not check out by the specified deadline.
10. Final provisions. They need to include information about the registered person if he has the legal right to register in the apartment. In this case, the buyer will subsequently not have the opportunity to discharge it through the court.

Recipients of rent or testamentary refusal will have the legal right to registration and residence in the apartment. In this case, the cost of housing should be significantly reduced.

If a “problem person” remains registered, who will subsequently have to be discharged through the court, then information about him does not need to be included in the contract.

Therefore, it is necessary to draw up an additional agreement to the contract that a registered person remains in the apartment, whom the buyer undertakes to discharge through the court after taking ownership.

Nuances if a pensioner is registered

According to paragraph 2 of Article 292 of the Civil Code of the Russian Federation, the right to use residential premises for persons registered by the former owner is terminated at the time of the transaction. But the termination of such a right can be considered by the court, since certain criteria are imposed on such citizens:

• age and mental capacity;
• ability to solve the problem of housing availability independently.

On this basis, the court may refuse to discharge a person who does not meet the established criteria.

Despite the fact that no special norms have been established for the discharge of persons of retirement age, the court will be guided by the position of the pensioner, his state of health and the presence of relatives with whom he could live.

At a minimum, the situation with the pensioner’s discharge does not guarantee that the court will rule in favor of the plaintiff.

Therefore, persons of retirement age, minor children and adolescents must be discharged in advance, before the transaction.

If the buyer cannot discharge the pensioner, he has the right to challenge the transaction within three years from the date of its conclusion, in accordance with the provisions of Article 196 of the Civil Code of the Russian Federation.

If third parties remain registered in the apartment, the circumstances depend on how problematic their discharge is. In certain cases, their discharge can be achieved through the court. Sometimes it is impossible to remove them from the registration register; such a problem can only be corrected by a significant reduction in the cost of housing.

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Buying and selling an apartment with a registered person: risks, law, how much cheaper, consequences

The title of the article itself seems wild at first glance. You immediately ask yourself: is this possible? And the second question: is this legal? Meanwhile, in the real estate market, the practice of selling and purchasing apartments with encumbrances is not uncommon. The encumbrance, in this case, is the person registered in the apartment. Let's look at situations where this is possible.

Postponement of deregistration of former owners

The most common situation: the owner sells his apartment while simultaneously buying a new home.

In the purchase and sale agreement of his old home, he includes, in agreement with the buyer, a clause on the timing of the check-out of all registered family members from the apartment.

He needs the money from the completed transaction and time to buy a new residential property. The law does not prohibit the conclusion of such a transaction (Article 31 of the Housing Code of the Russian Federation, Article 292 of the Civil Code of the Russian Federation).

Should the buyer make such a deal? Does he risk it?

Article 292 of the Civil Code of the Russian Federation determines that if the property has a new owner, then the old owner of the apartment automatically loses the right to use it, as well as all members of his family who are registered in the sold residential space.

There is still a risk: old residents may delay the time of discharge. You'll have to pay utilities for them. And it’s unpleasant: you are already the owner, and strangers are registered with you. It is worth considering this when concluding an agreement: enter penalties for violating the terms of the extract.

Typically, the new owner will not give the full amount to the old owner without receiving proof of their final separation from the house. The money is placed in a safe deposit box, which will be opened to the seller if there are new registration stamps in the passports.

The owner has the right, in the event of a protracted voluntary discharge of the old owners, to forcefully discharge them through the court. Only tenants with temporary registration can be discharged from an apartment without a trial.

Transaction with an apartment where a minor child is registered

Particular attention should be paid to a transaction with an apartment where the encumbrance is a registered minor child.

Parents must notify the Guardianship and Trusteeship Authority (TCA) about the transaction and obtain permission to discharge the child in connection with the move to better living conditions.

The buyer transfers funds for the child’s share there. What to do with this money is up to the parents.

An extract from the house register is a necessary document when making a transaction.

Before buying an apartment, ask the seller for complete information about those registered in the apartment and their rights to housing. The current owner of the apartment must (clause 1 of Art.

558 of the Civil Code of the Russian Federation) provide a regular or extended extract from the apartment (house) register. It can be obtained from the housing department or MFC only by the owner of the residential premises.

They will refuse to give out such information to an outsider (buyer).

To avoid troubles in the future, the contract must contain a clause on the seller’s responsibility for the accuracy of the information provided about the encumbrance. In the future, this will make it possible to invalidate the transaction through the court.

Citizens entitled to lifelong residence

Sometimes it is legally impossible to remove a person from registration without his good will, even if he is not the owner of the sold apartment.

1. During privatization, the person renounced his share in writing, but remained registered in the apartment. A very common situation: the eldest son lives with his common-law wife, but is registered with his parents. He transferred the right to his share to his mother. According to her will, my mother wrote everything down to her youngest son. The last one is the seller. There is nowhere for my brother to be discharged voluntarily; he does not have his own place to live. He can come “home” at any moment, and it doesn’t matter that the house has a new owner.
2. A stepfather or another family member who has the right to use the apartment until the end of his life according to the will of the deceased owner of the apartment, for example, the mother (testamentary refusal).
3. It is easier to adopt minor orphans who have a residence permit in an apartment than to evict them. Voluntary refusal will not help here either. It is not worth selling or buying such an apartment if it is not possible to provide the child with other housing in which the living conditions are no worse. This also applies to people with disabilities.
4. Former family members of the seller, for example, a spouse, may stay for a year after the sale of the apartment. She has no opportunity to leave: she has no other housing to own and no money to rent. The court will be ready to delay her eviction and discharge to resolve financial problems, but no more than for a year.

Conditions for forced eviction through court

Citizens of the categories listed above (except for former family members) have the right to lifelong residence. They can be issued through the court provided:

• they have a different living space;
• they do not participate in paying utility bills,
• They moved to another locality a long time ago and do not appear at home.

All this still needs to be proven in court: collect a bunch of papers, find witnesses, waste your health, money and time. It is better to sell an apartment with a registered person!

Who buys apartments with encumbrances?

Someone who knows the laws and is confident that he can easily expel a stranger from the purchased apartment. The one who decided to save money. The cost of such an apartment is 30% or more below market prices. Most often, the buyers of such apartments are real estate agencies. For them, buying such an apartment is a great opportunity to make money.

Finally, another life situation: a person sells his apartment with the right of lifelong residence, with dependents. This is a different type of transaction and an agreement not of purchase/sale, but of social rent. It will not be possible to discharge the owner as a dependent even through the court. Unless, of course, the buyer is a scammer. But this topic requires a separate discussion.

As a result

1. The apartment can be sold with a delay in deregistration of the previous residents.
2. An apartment with a child can only be sold with the permission of the guardianship authorities.
3. There are categories of citizens who have the right to lifelong residence and registration in an apartment.
4. You can forcefully evict someone who does not want to move out only through the courts.

5. If you decide to save money, buy an apartment with a registered person. But know that this is a risk.
6. If you don’t want to take risks, demand the eviction and deregistration of all residents of the purchased apartment. And only after that give money for it.

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Is it possible to sell an apartment with a registered person?

According to the law, the owner must coordinate the sale of the apartment with the co-owners. However, this does not prevent the sale of an apartment with registered residents. This situation creates certain problems for the buyer, which makes relevant the question of the legality of such actions and the possibilities of solving emerging problems.

Legal status of registered persons

The purchase of an apartment must be completed after checking the property for encumbrances. Among these there are official and hidden ones. Official ones are registered as a result of certain transactions, for example, collateral when applying for a loan.

Residents registered in the apartment are classified as hidden encumbrances. It is understood that the transfer of ownership to a new owner is not considered a significant basis for the removal of resident citizens.

In this context, there are two legal statuses of registered persons :

• temporary registration - issued for a certain period during which citizens can use housing;
• Permanent registration gives an unlimited period for using the apartment.

It is the second situation that creates problems for the buyer. Citizens registered on a permanent basis have the right to reside at the specified address. It is not always possible to write them out even through the court.

Separately, there is a situation where citizens have permanent registration, but are temporarily absent from the documents. Such cases include:

• stay in places of deprivation of liberty;
• absence during military service;
• inpatient treatment in a hospital or sanatorium;
• stay in a psychiatric hospital.

Upon return, such citizens can restore their permanent registration and right of residence at the specified address. To avoid such situations, archival extracts from the house register are checked.

Is it possible to sell an apartment with a registered person?

The law does not prohibit the sale of an apartment with a registered person. The owner of the property is given the right to dispose of housing at his own discretion. The consent of registered citizens who are not shared owners is not required in this case.

At the same time, Article 292 of the Civil Code of the Russian Federation emphasizes that a change in the owner of an apartment does not provide grounds for expelling residents. In this context, the buyer can legally receive an apartment with an encumbrance - a person or several persons are registered.

To avoid such a situation, the buyer is recommended to carefully check the apartment for any encumbrances, including registered tenants. To do this, the seller is required to provide an extract from the house register, including archival information.

Procedure for deregistration of registered citizens

By law, every person must have temporary or permanent registration at their place of residence. The corresponding law makes the discharge of citizens a rather complicated procedure. The seller cannot always force the tenants out, even through the court.

The best option is considered to be the voluntary application of the residents themselves to the migration service for their discharge. In this case, the registration procedure can be carried out both before and after the sale of the apartment.

If the owner of the apartment refuses voluntary deregistration, he or she may go to court. However, some categories of citizens cannot be discharged without their consent. These include:

• persons who refused privatization, but retained the right to use the apartment - in fact, they are considered co-owners of privatized housing;
• citizens who received a lifelong right of use based on the will of a deceased relative;
• persons who have completed a transaction with the right to lifelong maintenance;
• citizens who have paid in full or in part for corporate housing;
• minors without parents or guardian.

These categories of citizens can be discharged through the court only under the following conditions :

• refusal to pay utility bills or other obligatory payments;
• regular damage to real estate, destruction, misuse;
• violation of the rights of other persons living in this apartment.

Without these grounds, citizens who do not have the right to lifelong use of an apartment can also be discharged through the court. In addition, missing residents can be discharged through the courts.

The situation with the spouse after the divorce is highlighted separately. If he does not have housing to which he could move and the means to rent it, he cannot be discharged immediately. A person has the right to demand from the court a deferment for eviction, which is granted for a year. After the expiration of this period, forced discharge is allowed.

Discharge procedure

The procedure for deregistering a citizen from a purchased apartment has the following procedure:

• appealing to the tenant for voluntary eviction, providing a reasonable period of time to find housing and prepare documents;
• sending a warning about the possibility of forced eviction through the court;
• going to court to protect the rights of the owner.

If the location of a registered citizen is not established, when applying to the court, indicate the last known address. In this case, a check will be carried out to determine whether the person has the right to lifelong use. In the absence of such, a decision in absentia is made to remove the citizen from the register.

If a citizen has only temporary registration, no special eviction actions are required. A person is considered discharged as soon as the registration validity period ends.

Features of the transaction

If, when checking an apartment, it is discovered that there are persons registered in it, the buyer can :

• refuse the deal - this option is relevant if the registration is permanent and the residents have the right to lifelong use of housing;
• demand an extract from the seller of the indicated persons;
• take no action.

For the buyer, the latter option is acceptable in the case of temporary registration of citizens. In this case, it is enough to wait until the registration expires.

If the registration is permanent, when drawing up a preliminary purchase and sale agreement, the seller’s obligation to register the relevant citizens is indicated. At the time of execution of the main contract, registered citizens must be absent.

Another registration option is an extract after the sale. In this case, the purchase and sale agreement includes the seller’s obligation to register the specified citizens. The deadlines and responsibility for violations are mandatory.

The second registration method is not recommended for the buyer. The obligation after the conclusion of the transaction may not always be fulfilled. Even if a penalty is received, the new owner will have to solve the problem of registering unauthorized persons.

Risks of selling an apartment with encumbrances

Buying an apartment with a registered person involves certain risks for the buyer. A citizen cannot always be discharged through the court and still be able to fully use the apartment as his main home.

It is this aspect that makes the presence of registration of unauthorized persons a hidden burden. Even if the specified citizen does not live in the apartment, the new owner faces the following problems :

• inability to register your relatives due to living space restrictions;
• increase in utility bills in the absence of meters;
• difficulty in further selling the apartment due to the presence of an encumbrance.

Despite such factors, many buyers agree to purchase an apartment with lifelong residents. This is due to a decrease in housing costs. However, the associated risks should also be taken into account in this matter.

For the seller, the risk of selling an apartment with residents registered in it is associated with the cancellation of the transaction. If the contract does not contain relevant information about the buyer’s consent to purchase an apartment with an encumbrance, the seller will have to pay significant compensation for providing false information.

If you have questions, consult a lawyer

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• 8 (800) 350-83-59 — all regions of the Russian Federation.

How to draw up a contract for the sale and purchase of an apartment with registered people (sample)

Transactions of purchase and sale of residential real estate are a common type of civil law relations. When concluding such an agreement, it is important for both parties to take into account all possible nuances so that there is no need to terminate it later. One of them is buying and selling with people registered in the apartment. Let's consider whether it is possible to sell a home with residents who have not been discharged from it, what the risks are for the parties, as well as the peculiarities of the transaction in this case.

Selling an apartment with registered persons: what the legislation says

Civil legislation does not regulate the issue of purchase and sale of residential real estate with individuals registered in it.

At the same time, civil legislation is dispositive, therefore everything that is not directly prohibited by it is permitted.

Consequently, there is no ban on the sale of an apartment with registered people, and the transaction itself may well be carried out.

In practice, the buyer is often alarmed by the clause stating that someone has permanent registration in the apartment. Although in reality this fact is not always of great importance for the buyer, since upon transfer of ownership the possibility of residence by registered persons is lost.

Who can be discharged from housing after purchase and sale

After purchasing a home, the new owner has the opportunity to discharge the previous residents from it through the passport office (migration service) or the court . The previous owners, who were registered in the apartment at the time of sale and, under the terms of the contract, undertook to check out by a certain date, must fulfill this obligation independently.

Without any problems, you can stop registering temporary residents by writing a corresponding application to the territorial department of the migration service of the Ministry of Internal Affairs. Also, temporary registration is terminated after the period of time for which it was carried out.

If the migration service refuses to discharge the previous residents from the sold apartment, you can try to do this through the court. In particular, the owner has the opportunity to prove in court that the person does not actually live in the residential premises and does not bear the burden of maintaining it (including, does not pay utility bills and other obligatory payments).

Who has the right to live in an apartment after its sale?

Not in all cases, the transfer of ownership means the termination of the right of persons registered in the apartment to reside and use it. There are several legal cases when a new owner will not be able to evict tenants:

• in the event of the sale of not the entire apartment, but its share, all persons previously registered there will have the legal right to reside in it (registration of new residents requires the consent of all owners);
• housing was received by right of inheritance under a will, one of the clauses of which indicated the lifelong right of a certain individual to live in residential premises, despite the transfer of ownership (which should also be indicated in the purchase and sale agreement);
• residential premises were transferred to the ownership of citizens on the basis of the law “On Privatization...”. Those persons who had the right to participate in privatization, but refused it, have the right to live in this housing indefinitely, regardless of the transfer of ownership of it;
• a participant in a housing cooperative who has paid his contribution receives the right to reside and register in the apartment (in this case, the size of the share contribution does not play a decisive role);
• if residential premises are purchased from spouses between whom there is a marriage contract defining the rules of ownership, use and disposal of property acquired during the marriage (in particular, the lifelong right of residence of one of the spouses in certain residential real estate);
• housing was received under a rental agreement (despite the possibility of selling such an apartment, the person being cared for will have the right to fully use it, live and be registered in it until the end of his days);
• When selling housing, the procedure obliging to obtain the consent of the guardianship and trusteeship authority to discharge minor citizens from the residential premises was not followed. In this case, the transaction may be declared invalid, and in the best case, the buyer will receive his money back, being left without a purchase. It is possible to terminate the registration of minors in a newly purchased apartment only if they are provided with equivalent housing.

Features of the transaction of purchase and sale of an apartment with persons registered in it

Warning

When transferring ownership to other persons, the seller is obliged to inform about the citizens registered at the time of sale and about the right of third parties to reside in the housing after its sale. To do this, it is important for the buyer to familiarize himself with the certificate of persons registered in the living space.

If there are persons registered at the time of sale, the contract stipulates the terms when they should be discharged from there. If they have the right to reside in the apartment even after the transfer of ownership, a note is also made about this.

The following are the standard steps:

• signing a contract;
• registration of the transaction in the Rosreestr service;
• registration of transfer of ownership by the registrar;
• receipt of title documents for the apartment by the new owner.

The document package also does not differ from the usual one and with the development of the information society it is becoming increasingly shorter. To carry out a transaction, as a general rule, you will need:

• identity cards of the seller and buyer;
• purchase and sale agreement (given in the article below);
• deed of transfer;
• documents confirming payment (receipt, account statement, etc.), if payment is made before registration of the agreement;
• certificate of persons registered in the apartment.

At the buyer's request we also provide:

• certificates of absence of debt on utility and other payments;
• marriage contract between the sellers-spouses;
• consent of the second spouse to complete the purchase and sale transaction;
• title documents for the apartment;
• technical documents for housing, etc.

Sample contract for the sale and purchase of residential premises (apartments) with registered persons

To avoid common mistakes, we recommend using the sample contract presented on the website.

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Is it possible to sell an apartment with a registered person in 2023 - with an encumbrance, privatized

In the process of selling housing, a significant complicating circumstance is often the presence of persons registered in the apartment.

In this material, we will consider whether it is possible to sell an apartment with a person registered in it in 2023, how such citizens can be discharged and how to resolve the issue voluntarily or forcibly.

In a situation where there are registered persons in the apartment, this complicates the execution of the transaction for the owner. However, there is a way out of the situation, and we will now talk about ways to solve this issue.

Basic moments

It is theoretically possible to sell an apartment if a person is registered there. However, in practice this causes a lot of difficulties and litigation. After all, in fact, there are very few people who want to purchase an apartment with such a burden as the presence of citizens registered in it.

After all, the majority prefers to buy a clean apartment from a legal point of view.

Definitions

Registration	Documentary confirmation of state registration of the citizen’s place of residence and stay on the territory of the Russian Federation. Its main purpose is to link a person to a specific address in a city or town
Owner	A citizen who, on the basis of title documentation, owns living space and can dispose of it at his own discretion

Who can be registered at the address

In the process of selling an apartment, difficulties may arise with the registration of relatives or other citizens who were registered in this housing, but at the moment refuse to leave it for various reasons.

Such categories that can be registered include spouses and minor citizens, other relatives, third parties who were registered in the living space on a temporary basis, but now refuse to be discharged from it.

Often, unscrupulous sellers try to hide the fact that there are registered persons in the apartment. However, in general, such contracts are terminated in court and declared invalid.

There are situations when registered citizens are discharged voluntarily at the first request. Then there is no problem.

However, in most cases, citizens refuse to leave their housing and issue an extract. Let us further understand how to deal with a situation without the consent of a spouse or child who has created his own family and refuses to be discharged.

Legal aspects

The legislation of the Russian Federation cannot give a clear answer to the question of whether it is legal to sell an apartment with persons registered in it. There is a legal conflict here.

After all, Art. 304 of the Civil Code of the Russian Federation assumes that the owner of a home has the undivided right to formalize transactions with personal housing at his own discretion; this does not require the consent of citizens registered and living in this apartment.

However, other articles of the Civil Code and the Housing Code of the Russian Federation, as well as the Constitution, indicate the right of every citizen to use housing.

That is, every person must have a place of registration and residence without fail.

Then it turns out that it is possible to implement and formalize a purchase and sale transaction for an apartment with registered citizens, but the difficulty lies precisely in the impossibility of subsequently deregistering such persons from housing.

Since Art. 292 of the Civil Code of the Russian Federation provides that the transfer of ownership of real estate is not a significant basis for the expulsion of citizens and termination of their right to use housing.

Even at the stage of preparing documents for purchasing an apartment, it is advisable for the buyer to check all the data about the housing, including requesting an extract from the house register about the number and list of all citizens registered in the apartment.

The sale of housing with co-owners registered in it must be carried out in accordance with certain rules.

The procedure for conducting such transactions is regulated by the articles of the Civil Code of the Russian Federation, which establish the procedure for the ownership and use of real estate that is in shared ownership.

The rights and obligations of citizens who live with the owner in his living space are regulated by the Housing Code of the Russian Federation.

It is difficult to sell an apartment with registered citizens if they categorically object to being removed from the property.

However, the owner has the right to forcefully evict them, or go to court and solve the problem in court. As a rule, such cases are resolved in favor of the apartment owner.

How to sell an apartment with a registered person

Selling and buying a property with citizens registered in it causes a lot of problems, especially if the transaction is carried out in a hurry and all the nuances are not properly checked.

In the future, residents registered in the apartment who do not want to leave can cause significant problems for the buyer. We will also consider what to do with a person who refuses privatization.

Forced discharge

If a person refuses voluntary discharge, it is necessary to go to court. Let's look at how to sell a privatized apartment with a registered person.

The law does not establish the obligation of the apartment seller to indicate all persons registered in the contract who do not retain the right to reside in the apartment.

It is recommended that the purchase and sale agreement include a condition that registered citizens undertake to check out of the apartment before a certain date.

Discharge of citizens is possible according to two scenarios:

Registered citizens voluntarily apply to the migration service	And they independently write an application for removal from their place of registration and residence. Within three days, the authority reviews the application and discharges the person
In case of refusal of voluntary discharge	The owner of the apartment can do this solely on the basis of a decision of a judicial institution. Based on a court decision, the citizen is recognized as having lost the right to use the apartment and is forcibly discharged from it.

In court, it is necessary to prove that the person has another living space, he does not participate in paying the costs of providing and maintaining the apartment, paying for utilities, lives with another family, or has moved to another locality for work or study for a long time.

Procedure for de-registration

The deregistration of citizens can be carried out in court or pre-trial procedure.
Sometimes registered persons are discharged from the apartment at the first request of the owner.

In this case, they independently write an application for discharge and within three days the authority issues the citizen’s discharge from this apartment.

Sometimes it happens that such a person asks the owner for some money as compensation.

In this case, it is better to agree to such a requirement in order to avoid future problems with the sale of housing and not to seek an extract in court, which can take a significant amount of time.

Legal proceedings regarding the discharge of citizens can last from 4 months to several years, depending on the circumstances and wishes of the parties.

Appeals are common, so each case must be considered on an individual basis.

Who is not subject to the procedure

• The legislation provides a general rule for the sale of housing, which requires the mandatory removal of citizens from the apartment after the transfer of ownership of it to another person.
• Video: buying an apartment with people registered in it

  After state registration of the transfer of ownership in Rosreestr, all relatives of the former owner registered in the apartment and other registered persons lose the right to use the apartment.

• The new owner has the right to demand the deregistration of these persons. However, there are categories of citizens whose discharge is impossible:

If a citizen was registered in housing during the privatization process	Then, when refusing privatization, the Supreme Court of the Russian Federation established that it was impossible to discharge a person who was a full user of the housing, similar to the owner to whom the apartment belonged on the basis of a warrant. Grounds such as whether a person has other housing or property will not become significant in court
If a person has received the right to use an apartment based on the will of a deceased relative	In this case, the person has the right to use and live in this apartment for life; he cannot be evicted even through court
A citizen who receives maintenance on the basis of a lifelong maintenance agreement with dependents	In this case, the person can live in the residential area for life
On the question of how to sell an apartment with a registered person if he is missing	If there is an appropriate court decision, a person can be discharged from the apartment
Ex-spouses after divorce	If the spouse does not have other housing and is not able to move to another place of residence due to lack of funds. Such a person has the right to ask the court to postpone the discharge and eviction. By a court decision he may be allowed to stay in the apartment for up to a year, then he can be evicted
Citizens who have fully or partially paid for cooperative housing	Not subject to eviction. They are considered the legal owners, even if there is no official registration document
Minor children who do not have parents or an official guardian	It is possible to sell an apartment if the minor is provided with an apartment with conditions no worse than before, or with improved living conditions. The guardianship authority must provide documents confirming that the child is provided with other housing.

Registration of a real estate purchase and sale transaction

The owner of the apartment has the right to sell it at any time. The algorithm of actions for concluding a purchase and sale agreement involves the following actions:

The new owner must submit the required package of documents to the department of state registration, cadastre and cartography.

The purchase and sale agreement must be certified by a notary in a notary's office. Without this, it has no legal or legal force.

An act of acceptance and transfer of the apartment must also be drawn up, which must indicate a specific date for the transfer of this housing to the buyer and the transfer of the keys to the apartment.

In the process of drawing up a purchase and sale agreement, it is necessary to indicate the period by which the registered citizen must check out of the apartment and leave the home.

1. If a citizen is registered in an apartment, but for various reasons does not live in its area, the owner, before selling the apartment, must remove him from registration before signing the contract.
2. A sample purchase and sale agreement can be obtained from the Rosreestr authority or from a notary office.
3. The contract must contain the following clauses:

Personal information of the parties to the agreement	Including their passport details, place of permanent residence and registration
Data about the apartment for sale indicating its total square footage	Technical condition, presence of repairs, presence or absence of issues with arrest or encumbrance, restrictions on its use
Personal information of persons registered in the apartment	And the date of their deregistration
Apartment sale price	And the method of transferring funds
Agreement between the parties regarding payment for public services	Upon registration of transfer of ownership

• The contract must be dated and signed by the people who are the buyer and the seller.
• The sale of an apartment with persons registered in it is possible, but each case is considered individually.
• Also, the presence of registered people significantly reduces the sale price and extends the sale period.
• In any case, before selling the apartment, the owner must take care to register all registered persons in order to avoid problems in the future.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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