Registration of an apartment purchase and sale agreement

After you have found a suitable apartment or buyer, agreed on a price and made an agreement with the bank, you need to start finalizing the transaction. You will need a lot of documents. The exact list of them depends on your individual situation, but general recommendations have been developed by practice.

When preparing any document, be guided by the following recommendations:

1. Make any agreement in writing. If, for example, you agreed to pay through a safe deposit box, you need to reflect this in the agreement. If the wiring in the apartment is faulty, reflect this in the transfer deed.
2. To check the apartment, use only current information . If the seller shows an extract from three years ago, it is better to order a fresh one yourself.
3. Do not rely on verbal assurances . For example, if the seller is not married, check his passport for the appropriate stamps.
4. Complete payment documents carefully . They must indicate what the money was transferred for. Otherwise, it is very difficult to prove that the funds were transferred specifically as payment for housing.
5. Do not delay in submitting documents for housing registration . It is extremely rare, but there are situations when an agreement was signed, a person moved, but the documents for registration were not submitted. And suddenly the seller dies. This very difficult situation will have to be resolved through the courts.
6. Don't use gray diagrams . If, for example, you are buying a share in an apartment, do not agree to sign a gift agreement instead of a DCT, so as not to notify all co-owners. Your contract can be challenged.
7. In the documents, write down only real information . There is no need to draw up paperwork “retroactively” or underestimate the cost of the apartment in the contract to please the seller.
8. If you have questions, consult a lawyer . It is better to spend money once on a consultation with an experienced lawyer than to have to sue for real estate for years in the future. If you're uneasy, it may be safer to walk away from the deal.

Remember that in the event of a trial, the court pays most attention to written evidence. This means that documents must be drawn up as correctly as possible even at the stage of preparing the transaction.

How to complete a deal without a realtor

The general scheme of registration of purchase and sale looks like this:

Step 1. Concluding a preliminary contract and collecting documents

It is not necessary to conclude a preliminary purchase and sale agreement. It is needed to cement the seriousness of the intentions of the parties to the transaction. If the parties have provided for a deposit or advance payment in the PDCP, then the first money is transferred and a receipt for its transfer is drawn up.

At this stage, the seller collects documents for the apartment, and the buyer prepares payment:

Salesman

Buyer

· certificate of ownership OR extract from the Unified State Register for the apartment; · technical plan of the apartment with information about redevelopment; · certificate of persons registered in the apartment; · certificate of absence of debt for utilities; · consent of the spouse to sell the apartment; · permission from the guardianship and trusteeship authority (if the seller is a minor); · evidence of notification of co-owners of the pre-emptive right to purchase a share OR written refusals of co-owners to purchase.

· If payment is made from your own funds, you need to have cash ready or check with your bank about bank transfer conditions. · If you use a mortgage, you need to conclude a loan agreement. · If payment is made from consumer loan funds, the parties enter into a loan agreement, the borrower is given money. · If GSG is used, then the certificate must already be submitted to the bank. Maternity capital also requires compliance with specific rules. · If you use a safe deposit box, letter of credit, escrow, or notary deposit, you must first clarify the conditions with the bank or notary office.

If a representative acts on behalf of the parties, a notarized power of attorney for the transaction is required. Where is the best place to draw up documents: both the parties themselves and the realtor can handle all the paperwork and search for suitable payment options. The cost of realtor services depends on the transaction amount, ranging from 1% and above.

Additionally, for review, you need to ask the seller for documents on the basis of which he owns the apartment:

• contract of sale;
• equity participation agreement;
• gift agreement;
• certificate of inheritance.

These documents are usually not needed for registration. But if the registrar has questions, they may be needed.

Step 2. Conclusion of the main PrEP

The main agreement specifies all the terms of the transaction. Be very careful when drawing up the contract and write down all the necessary information in detail. It is better to entrust the drafting of the document to an experienced real estate lawyer or realtor who does the DCP. The price for this service is negotiable.

• Date and name of the locality where the agreement was concluded.
• Names of the seller and buyer, passport details, registration addresses.
• A detailed description of the apartment indicating the address, square footage, number of rooms, area. Additionally, the cadastral (conditional) number is indicated.
• Real estate price, payment procedure (immediately or in installments, cash or bank transfer, using a safe deposit box / letter of credit / escrow).
• Seller's obligations. The seller transfers the apartment using a transfer document or without issuing one. If the contract does not contain an express condition, the transfer deed is mandatory.
• Seller's guarantees. The most important point here is the obligation to transfer the apartment free from the rights of third parties.
• The buyer's obligation to pay for the apartment at a certain time in a certain way.
• A condition about whether the apartment is pledged to the seller until full payment for the apartment. If an apartment is sold with a deferred payment, including in the case of payment under a housing certificate, the contract may establish a pledge condition.
• Penalties for the parties for failure to fulfill the contract. For example, for non-payment of a contract, the buyer may be required to pay a penalty in the amount of 0.1% of the contract amount.
• An important point in the contract is the provision regarding the consequences of termination of the contract. The law provides that if the contract is terminated, the seller cannot demand the apartment back. But if the contract directly stipulates that the buyer is obliged to return the apartment to the seller, then the rule from the contract applies.

The agreement agreed upon by the parties is printed in triplicate and signed by the seller and the buyer personally. Where the contract is concluded and signed is decided by the parties themselves. The date when the contract is signed is considered the moment the main agreement is concluded.

Step 3. How and where to register the transfer of real estate

The following rules apply regarding the preparation of the transfer document:

• The contract may explicitly stipulate the need to draw up a transfer deed when transferring an apartment. In this case, the act is a mandatory element of the execution of the contract.
• The agreement may directly indicate that the act is not required, and the functions of the transfer document are performed by the agreement itself. This option is absolutely legal, then the apartment is transferred automatically upon signing the contract.
• The contract may not contain any mention of the act. Then the provisions of Art. 556 of the Civil Code of the Russian Federation, and the act becomes a mandatory document upon sale.

It is safer for the parties to formalize the transfer in a separate document, in which the defects of the housing or the absence of claims can be recorded. From the date of signing the transfer deed, the buyer becomes the owner of the apartment without the right of disposal.

Step 4. Where state registration of property rights is completed

It is from the date of registration of the right that the buyer acquires the right to dispose of housing: he can sell, donate, mortgage, bequeath the apartment, or dispose of it in another way. Where can you register:

• in person to Rosreestr;
• in person at the MFC;
• through a notary.

The difference in the methods of submitting documents lies in the registration deadlines and costs:

Rosreestr	MFC	Notary
Term	7 days	9 days	3 days
Price	2,000 rubles (state duty)	2,000 rubles (state duty)	2,000 rubles + from 1,000 to 3,000 for filing an application

Please note that you can submit documents through a notary if he certified the transaction. The shortened registration period is established due to the fact that the notary has already verified the legality of the transaction, and the registrar does not need to waste time on this.

Upon completion of registration, the seller receives his copy of the agreement with the seal of Rosreestr, the transfer act. The buyer additionally receives an extract from the Unified State Register.

Step 5. Payment for purchase

The payment procedure may vary, both before and after registration, in cash or non-cash, to the seller’s account or using an intermediary - a bank or notary.

Most often, full payment occurs after registration of the right on the basis of a purchase and sale agreement with a registration mark.

In any case, payment must be made in writing:

• When paying in cash, the seller issues a receipt.
• For non-cash payment, confirmation will be a bank statement, which shows when, to whom and for what obligations the money was paid.
• Confirmation of payment through a letter of credit is the buyer's order and statement.
• Payment through escrow – agreement of the parties on escrow and account statement.
• Payment through a notary's deposit - an agreement between the buyer and the notary and an account statement.

If an apartment is purchased from a legal entity, the company issues a receipt for the cash receipt order and a cash receipt.

How much does document preparation cost?

It is not established by law who bears the costs of document preparation and in what amount, so the parties can agree as they wish. Traditionally, the following rules have developed:

• The seller prepares the initial documents for the apartment (certificates, extracts, consent of the spouse) at his own expense.
• The costs of obtaining a mortgage and consumer loan are borne by the buyer.
• The buyer bears the cost of paying the duty.
• The fee for a wire transfer is paid by the buyer.
• The costs of paying for notary services are borne by the party who insisted on notarization, if such registration is not necessary.
• The costs of the realtor are borne by the party who entered into an agreement with the realtor.

For information on the procedure for conducting an apartment purchase and sale transaction, watch the video:

Who should draw up the papers (realtor, notary, lawyer or independently) - at the decision of the parties. The parties can freely agree on other expenses based on the specific situation.

Remember

1. Documentation of the transaction can be carried out independently or with the help of a real estate lawyer or realtor.
2. All documents must contain correct information, real dates and amounts.
3. Only Rosreestr always registers property rights, the MFC and the notary play the role of intermediaries.
4. It is better to resolve questions about payment for paperwork in advance.

Registration of purchase and sale of real estate in Crimea

Opening hours from 09:00 to 19:00…
+7 978 741 39 41.
 

Cost of our services

Legal support of purchase and sale transactions in Crimea	from 15,000 rub.
Registration of a long-term lease agreement	from 10,000 rub.
Cadastral registration	4,000 rub.
Registration of ownership	10,000 rub.
Obtaining an extract from the USRN, an extract from the Ukrainian register of rights	2,000 rub.
Comprehensive pre-sale verification of documents for one property	5,000 rub.
Drawing up a contract of sale, gift, exchange	from 3000 rub.

Each of us has faced the problem of registering real estate at least once in our lives.

In this article we will try to answer the most frequently asked questions, such as: how is this done? where to start? how long will this procedure take?

Ownership of real estate is not an empty formality. Properly executed documents are a guarantee of your peace of mind in the future. If you decide to sell or otherwise dispose of property, the order in your documents will serve you well more than once.

Stage 1. Legal analysis of documents

The first thing to start with is studying the title documents for the property. The owner must have originals of all necessary papers confirming ownership. If we look at the example of Crimea, then such documents could be:

• a contract of purchase and sale, donation, exchange certified by a Ukrainian notary;
• certificate of registration of ownership;
• state act;
• other documents.

In addition to the above, the alienated property must be cadastrally registered, technical documentation (for example, a technical passport issued by the BTI) and an extract from the Unified State Register must be attached to it.

Attention! If the seller has a spouse, be sure to obtain his/her consent to sell the property. This consent must be in writing and certified by a notary. Otherwise, the spouse will be able to challenge the transaction in the future.

Stage 2. Registration of the transaction in Crimea

The transfer of ownership of a real estate property is subject to mandatory registration with the Goskomregister authorities. To do this, you will need to go through a number of mandatory procedures:

1. Drawing up a purchase and sale agreement. Today there are hundreds of different agreements available on the Internet, however, in order to protect yourself from refusal of registration, it is better to contact a competent lawyer to draw up an agreement. He will help you draw up such a document in accordance with the requirements of current legislation, subsequently saving your time, money and nerves;
2. Registration in the queue for submitting documents.
3. Payment of state duty. The state duty for the transfer of ownership is 2,000 rubles for individuals and 22,000 rubles for legal entities.
4. Submission of documents to the State Registration Committee. The purchase and sale agreement is signed by the seller and the buyer (or their representatives acting on the basis of a notarized power of attorney) in triplicate in the presence of the state registrar and submitted for registration to the State Committee for Registration.

After submitting the documents, the registrar will issue you a receipt indicating the list of submitted documents. The period for reviewing submitted documents is 10 working days.

Attention! Due to the fact that when transferring ownership, the original title documents are handed over to the registrar, carefully check the receipt and the documents specified in it!

Stage 3. Receiving documents

After 10 working days, Goskomregister should issue you either a new certificate of ownership, or a refusal to register the transfer of rights, or a notice of suspension of the period for consideration of your application. Main reasons for suspension:

• not all necessary documents have been submitted - in this case you will be given a deadline to submit the missing papers;
• The state registrar sent a request to one or another state body. authorities, but never received an answer;
• not paid or not paid in full by the state. duty;
• other reasons provided for by law.

In any case, if consideration of your application is suspended, you should carefully study the reasons and fulfill all the requirements specified in it.

In conclusion, it should be noted that the lawyers of the Business Crimea company are always ready to help you in registering ownership of real estate in Crimea, regardless of what stage you are at.

Still have questions? Call!
+7 978 741 39 41

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The procedure for registering real estate purchase and sale agreements

A real estate purchase and sale transaction does not end with the signing of an agreement and the transfer of a residential property by the seller to the buyer.

The latter becomes a full-fledged owner only after official confirmation of the right by the relevant government agency.

State registration of ownership rights to real estate is carried out by Rosreestr , and the basis for filing an application is a document confirming the completion of the transaction - an agreement signed by its parties.

Who registers ownership of real estate

As mentioned above, registration of a real estate purchase and sale agreement is carried out in Rosreestr. To obtain an official certificate confirming ownership of a housing property - a house, room or apartment - the buyer must contact the Rosreestr branch at the location of the property being purchased.

Today, district MFCs are opening everywhere, authorized by the state to accept documents from the population, which simplifies the procedure and significantly reduces its completion time - long queues and night “duties” of applicants are a thing of the past.

You can submit your application along with a package of supporting documents in several ways:

• personal appearance of the buyer or authorized representative at the branch of Rosreestr, MFC or Cadastral Chamber;
• visit of a representative of the authority to the applicant’s home (new service - courier service);
• mailing;
• sending electronic copies of documents by a notary after certification of the originals.

Personal appeal of the applicant

The option of a citizen visiting the place where applications are accepted usually does not raise any questions. The Rosreestr website lists the addresses of district departments and MFCs that accept documents for registration of real estate purchase and sale agreements - finding the nearest one will not be difficult.

There, online, you can make an appointment in advance, choosing a convenient day for visiting. If the required address or department is not on the list, contacting the agency’s staff using the toll-free hotline will help clarify the necessary information.

If the new owner lives in a remote area or city and is unable to be present when submitting the application, he has the right to act through an authorized representative. As a rule, such a person is a relative or a lawyer - with a power of attorney drawn up and certified by a notary.

Departure of the courier to the applicant’s home

Not long ago, Rosreestr provided applicants with an alternative option for submitting documents - without leaving home. This service is of interest to people who are physically limited in their freedom of movement, but who want to do without trusted representatives.

In addition, courier delivery is readily used by citizens who lack free time and are unable to visit the MFC or government agency on the desired day. The cost of a Rosreestr representative visiting the applicant’s home or office varies between 500–1500 rubles.

Mailing

Sending documents by postal service is less popular because it takes some time, but for citizens living in remote areas and regions, this option is sometimes the only possible one. When preparing a package of documentation, you should first have the signatures of the applicants and parties to the transaction certified by a notary.

Registered shipment is accompanied by a detailed description of the contents and requires notification of delivery at the place of delivery. The applicant has the right to use the services of any postal courier: both Russian Post and an alternative express service (EMS, DHL, Pony Express, etc.).

Submitting an application through a notary

When documents are submitted electronically by a notary, registration takes place in an accelerated manner - this alternative is established at the legislative level. The advantage of this method is that a notary representative personally checks the authenticity of the papers and the accuracy of their execution, after which he certifies them and sends them to Rosreestr.

The additional monetary costs for notarial registration are more than compensated by the speed of issuance of the registration certificate - the next day after signing the application.

List of documents for filing an application and registering rights

Before contacting Rosreestr, you should make sure in advance that you have a complete set of papers, powers of attorney and signatures of the parties:

• Statement signed by the parties to the transaction.
• Receipt (check) for payment of state duty. In 2015, the fee is 2,000 rubles for each individual. You can pay the fee and receive the corresponding cash order at the Sberbank branch closest to your home.
• The purchase and sale agreement, signed by the parties, in triplicate. One copy is subsequently stored in the archives of Rosreestr, two are returned to citizens when the certificate is issued.
• A title document that states the seller is the legal owner of the property.
• Technical certificate.
• Certificate of absence of debt for utility services.
• An extract from the house register about the residents registered in the apartment.
• Permission from the guardianship and trusteeship authorities if among the owners are minors or incapacitated persons.
• A copy of the passports of the citizens mentioned in the agreement, with the presentation of the originals.

To register ownership of a primary property, i.e. apartments in a newly constructed residential building, the set of documents submitted differs from the standard list of papers accompanying the alienation of secondary housing.

Documents submitted to Rosreestr when purchasing a residential property in a new building

• equity participation agreement;
• signed acceptance certificate;
• technical plan of the apartment;
• receipt (check) for payment of state duty;
• applicant's passport;
• application for registration of an apartment purchase and sale agreement.

The original documents are checked by Rosreestr employees and returned to citizens upon receipt of the registration certificate.

However, before submitting the kit, you should prepare copies of all papers: they are stored in the archives of the registration authority and, if necessary, if lost, they can be later claimed by the owner of the property.

• According to the law, registration of ownership rights to real estate is carried out within 10 working days from the date of filing the application.
• The accelerated procedure is carried out within 24 hours from the moment the notary sends electronic copies of certified documents.

• The certificate can be obtained again from Rosreestr by first paying a fee of 350 rubles.
• The originals of title documents (sale and purchase agreement, privatization certificate, gift agreement, etc.) are stored in the archives of the registration authority, and copies of them are issued, if necessary, for a fee (200 rubles).

Married citizens, when alienating their home, are often faced with a very common question - whether the official consent of the spouse is required to complete the transaction. In a situation where family members own equal shares within the same apartment, everything is very clear - they are considered full and equal participants in the transaction, which is fixed in the contract.

More often, the apartment is registered to a single owner - husband or wife . When alienating such housing, lawyers take into account the circumstances of its receipt by the seller.

If an apartment is purchased after marriage, then it becomes the subject of common property of the spouses - in this case, the spouse’s consent to the alienation of real estate is drawn up in writing and certified by a notary.

Even after a formal divorce, written permission may be required if the marital property was not divided during the divorce.

In other circumstances, the spouse’s consent is not required:

• purchasing housing before marriage;
• transfer of an apartment under a gift agreement;
• obtaining housing by inheritance.

An attempt to circumvent the law by selling an apartment individually is fraught with serious problems - the spouse can at any subsequent moment challenge the deal in court, having it declared invalid.

Do you need your spouse's consent to purchase a home?

Since 2013, after appropriate amendments were made to the Civil Code of the Russian Federation, the spouse’s permission to purchase an apartment is no longer required.

The following document can be provided as a sample agreement:

The presence of a minor registered in the apartment complicates the transaction, but does not prevent its completion - in this case, parents or adoptive parents take into account the following rules:

• When leaving the apartment, the child must be registered as a permanent resident in another residential area.
• It is necessary to obtain written consent from both parents for a real estate transaction.

Can the seller refuse to submit documents to Rosreestr?

According to the Civil Code, the basis for the transfer of ownership rights is a property purchase and sale agreement. Registration of the new owner’s property rights is a necessary formality that officially confirms his status as the owner of the apartment, but is not at all a title-establishing procedure.

The entry of the new owner into the legal rights of ownership of the property has already taken place, and confirmation of this is an agreement signed by both parties, a receipt or bank statement of payment, an act of acceptance and transfer of housing.

However, the legislation provides for the possibility of suspending the procedure for issuing a certificate based on a written application from any of the parties involved in the transaction for a period of up to 3 months. In this case, citizens will have to come to a mutual agreement, or resolve any disagreements in court.

Suspension of the procedure for registering an apartment purchase and sale agreement by Rosreestrom

Employees of the registration authority carefully check the documents accompanying the apartment purchase and sale agreement.

If lawyers have doubts about the authenticity of the papers or the purity of the transaction (there is no consent of the spouse, permission from the guardianship authorities in case of incapacity of the owner, permission from the parent of the child who owns a share of housing, etc.), Rosreestr has the right to suspend the procedure for a month by notifying applicants in writing.

The participant in the transaction - often the selling party - during this time collects the missing documents and submits them to the registration authority. In addition, registration service specialists have the right to submit requests to other government agencies to confirm the authenticity of documents or clarify missing information.

Refusal to register ownership of real estate

Rosreestr may refuse to issue a certificate if there are legal grounds:

• the right to the object is not subject to state registration;
• the applicant is an improper person (the representative of the transaction participant does not have a power of attorney);
• the applicants did not provide the full package of documents required for registration by the time the suspension period expired;
• title documents are not properly executed;
• the certificate of title of the seller’s owner was declared invalid, because since the issuance of the first one, legal norms and rules have changed;
• the previous owner’s ownership of the property has not been officially confirmed;
• contradictions were discovered between the registered rights and the declared ones.

Of course, being refused registration of the cherished right of ownership of a new apartment is extremely undesirable. Attention to the details of the contract and accompanying documentation, knowledge of the legal subtleties and pitfalls of real estate transactions, the availability of a base of judicial practice on similar transactions - the work of an experienced lawyer or realtor is designed to reduce possible risks to a minimum.

• However, even with the support of a competent intermediary, the buyer must independently navigate the current situation in the real estate market and know the legal nuances of completing property transactions.
• Advice from a lawyer on registering and concluding real estate purchase and sale agreements:

Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

How is the registration of an apartment purchase and sale agreement carried out?

In this section we will answer in detail all questions related to the registration of an agreement: from the nuances of drafting and execution to a detailed algorithm for termination after its registration and in other various cases.

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Why do you need to register your purchase with a government agency?

The state registration procedure is a legal precedent, as a result of which ownership of an apartment is legally transferred to the legal successor.

The main link and basis of this procedure is the purchase and sale agreement, which certifies the fact of the transfer of property rights to the apartment from the seller to the buyer.

Essentially, it is not the contract itself that is subject to registration, but the transaction that occurs through its conclusion.

The purchase and sale transaction is registered in the Rosreestr branch (registration chamber) at the location of the residential building in which the apartment was purchased. If the buyer lives in another region or locality where there is no specified branch, he can use the services of a representative or send documents by post.

You can also transfer the agreement with the attached documentation to the multifunctional center (MFC), located in the locality where the parties to the property transaction live.

As a result of registration , information about the transaction, indicating the details of the purchase and sale agreement, is entered into the information bank of the State Real Estate Cadastre (GKN).

Entering this information is mandatory, since, in accordance with the provisions of Article 425 of the Civil Code of the Russian Federation, the contract comes into force after its conclusion by the parties, and Part.

1 of Article 558 of the Civil Code of the Russian Federation regulates its mandatory registration when it comes to property transactions with real estate.

Article 558 of the Civil Code of the Russian Federation. Features of the sale of residential premises

1. An essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment in which persons live who, in accordance with the law, retain the right to use this residential premises after its acquisition by the buyer, is a list of these persons indicating their rights to use the residential premises being sold.
2. A contract for the sale of a residential building, apartment, part of a residential building or apartment is subject to state registration and is considered concluded from the moment of such registration.
3. The specifics of the purchase and sale of residential premises that meet the conditions for classification as economy class housing established by the authorized federal executive body are determined by law.

This circumstance is also indicated by such sources of legislation as:

ATTENTION : At the discretion of the contracting parties, the document can be additionally certified at a notary office. In this case, the parties are exempt from paying the state registration fee.

Sometimes the parties enter into a preliminary agreement that is not subject to registration. Accordingly, it does not allow the transfer of rights and the receipt of the full cost of payment for the transaction.

If the circumstances or conditions of the purchase and sale have changed, then it is permissible to draw up an additional agreement. It plays the role of an additional application, which necessarily requires :

1. indicating the details of the deed of purchase for the apartment;
2. inclusion in the text of a precisely worded provision that is being changed;
3. a new provision introduced to replace the old one;
4. indications that the change was made by agreement of the parties.

Each additional application may have several points that are subject to change, but in general, the legal capacity of the deed for an apartment should not change by more than a third. Additional applications must be submitted to the registration authority, and the changed information is entered into the State Property Committee.

Step-by-step instructions: how to register a deal

The parties to the transaction approach the local branch of Rosreestr or the MFC. The following is required in advance :

1. Draw up the purchase and sale agreement in triplicate, in accordance with the standards required for such documents.
2. Attach to it the title document and the document certifying the right to the apartment. According to the situation, attach the remaining required documents.
3. If a representative acts, draw up a power of attorney from a notary.
4. Pay the state fee for registration at a Sberbank branch in the amount of 2 thousand rubles.

It is advisable for both parties to the transaction to contact the registration authority at the same time; in this case, the registration time will be significantly reduced (clause 2, part 1, article 16 of the Federal Law No. 218-FZ). With civil passports, the parties approach Rosreestr or MFC. If the fee has not yet been paid and the contract has not been certified by a notary, it must be paid through the terminal.

You can get an appointment:

• by appointment through the State Services website;
• by electronic queue number, having received a coupon at the terminal.

At the appointed time, or by electronic queue, citizens approach the registrar window. He checks the legal capacity of the applicants based on the presented passports, documents for ownership of the apartment and information about the parties included in the agreement. After checking, they write applications asking to register the property transaction.

Applications and required documentation are accepted against receipt. Copies are made of passports and the originals are returned. The receipt records the time of the return visit; on the specified day you must come to receive contracts in which a note is made about registering the transaction. In addition, the buyer will be issued an extract from the Unified State Register of Entry into ownership of the apartment .

IMPORTANT : Only the person in whose name a receipt for receipt of documents has been issued can come for a second appointment.

Sometimes, for a number of reasons, a drawn up agreement is considered voidable (Article 166 of the Civil Code of the Russian Federation) or invalid (Article 167 of the Civil Code of the Russian Federation). Such cases include:

1. violation of property rights of third parties;
2. illegality of the transaction;
3. incompetence of the seller or buyer;
4. incorrectly drawn up contract;
5. enslaving deal;
6. other violations specified in Articles 168-172 of the Civil Code of the Russian Federation.

Article 168 of the Civil Code of the Russian Federation. Invalidity of a transaction that violates the requirements of the law or other legal act

1. Except for the cases provided for in paragraph 2 of this article or other law, a transaction that violates the requirements of a law or other legal act is voidable, unless it follows from the law that other consequences of the violation not related to the invalidity of the transaction should be applied.
2. A transaction that violates the requirements of a law or other legal act and at the same time encroaches on public interests or the rights and legally protected interests of third parties is void unless it follows from the law that such a transaction is contestable or other consequences of the violation not related to the invalidity of the transaction must be applied.

A bill of sale drawn up in violation of the law is considered invalid or void. It obviously does not come into force and is canceled automatically. A contract that requires a court decision to cancel it is considered voidable.

If circumstances for termination of the contract were identified during the registration procedure, then:

• submit an application to Rosteestr for suspension of registration;
• file a claim in court;
• obtain an extract from the court about the production of the claim and submit it to Rosreestr;
• the suspension is extended for 3 months;
• registration will be terminated or continued by court decision.

ADVICE : According to the general rules set out in Article 450 of the Civil Code of the Russian Federation, any contract can be terminated if one of the parties did not receive the benefits that it expected when concluding it. In this case, termination is allowed not only through the court, but also by mutual agreement, by drawing up an agreement.

Watch the video about the reasons for terminating a real estate purchase and sale agreement:

We provide more details about how you can terminate a purchase and sale agreement before its registration with Rosreestr in a separate material, and you can find out how to terminate it after registration here.

Restoring a lost contract is acceptable:

1. according to the copy available to the counterparty;
2. upon application to Rosreestr, where the copy received during registration is stored;
3. through a notary, if it was drawn up or certified by a notary.

To do this, a request is made through the MFC to receive an extract from the State Property Committee and to make an entry on the registration of property rights . Based on this extract, a court decision recognizing ownership rights is obtained. This extract will fully replace the title document.

A sales contract transferred to third parties poses a risk of falling into a fraudulent scheme.

We discussed the procedure for restoring the purchase and sale agreement in more detail here.

Conclusion

The purchase and sale transaction is registered at the Rosreestr branch, where the agreement concluded by the parties and the package of documentation attached to it are submitted.

The parties write statements and submit documents against receipt. Upon completion of the procedure, they come for a second appointment, receiving documents confirming the registration of the transaction. A number of circumstances allow for termination of the contract.

And if its copy is lost, it needs to be restored.

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Drawing up sales and purchase agreements in Crimea and Simferopol is a matter that is best entrusted to professional lawyers

Drawing up contracts for the purchase and sale of real estate in "USK":

from 3000 rubles

The purchase and sale agreement for an apartment in Crimea is a sought-after document in the field of real estate transactions . The purchase and sale of real estate is one of the most popular ways of transferring ownership to another person.

According to the real estate purchase and sale agreement, the seller undertakes to transfer the ownership of a land plot, building, structure, apartment or other real estate to the buyer for a certain price.

The company "USK" will help you draw up a legally competent agreement, which will allow you to carry out this transaction profitably.

Our lawyers will monitor the accuracy of the stages of this procedure, assess the possible risks for both parties and ensure the legal execution of all documents.

Why is it better to trust USK to draw up contracts for the purchase and sale of real estate in Crimea:

Wide range of legal services and legal assistance provided

We have been working since 2012. Successfully completed more than 1000 services

Preparation of documents for registration in a short time

When you sign up for a service, the consultation is free.

Responsibility for processing transactions is specified in the contract

The cost of services of the company "USK" is not higher than the market average

What parties to the agreement need to know

Russian legislation defines the essential terms of a sales contract, which must be specified in the contract. In their absence, the contract is considered not concluded.

In addition, the contract must specify many other important conditions, such as, for example, the payment procedure between the parties.

First of all, you need to know what documents the seller will need to provide to complete the transaction. Let's list them:

• cadastral passport of the property,
• document confirming ownership,
• certificate of family composition (form No. 3, obtained from the quarter committee, housing maintenance office or other authorized body),
• decision of the guardianship and trusteeship authorities,
• a statement certifying the refusal of the co-owner of his right of priority to purchase housing (in the event that a share in the property right is alienated);
• consent of the spouse to the alienation of property if it was acquired during the marriage;
• receipt of payment of state duty - 2000 rubles for the sale of an apartment or house, 350 rubles for the sale of a land plot. 

Contracts for the purchase and sale of apartments and houses, as well as a contract for the purchase and sale of land in Crimea

Immediately before the start of the transaction, the buyer must check with the seller the rights to real estate. It is worth familiarizing yourself with information regarding utility debts and finding out whether the property you plan to sell is mortgaged.

Real estate belongs to the category of property that is subject to mandatory registration with government agencies. Therefore, the purchase and sale agreement in Simferopol must be drawn up exclusively in writing.

Terms and procedure for registration of sales and purchases

State registration of real estate in Crimea is maintained by a special registration service - Goskomregister of the Republic of Crimea. Department employees must provide documents confirming ownership and signed copies of contracts.

After receiving the documentation, the service employee issues a receipt for the documents and sets a date for receiving the finished result of registering property rights for the buyer.

During this period (about 10 days), legal examination of documents and registration of property rights is carried out.

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Full legal support of the transaction

The peninsula became a subject of the Russian Federation in 2014. Before this, all real estate was registered according to Ukrainian legislation.

Not all lawyers who worked before 2014 know exactly how to draw up a purchase and sale agreement for a plot of land, a house, or a purchase and sale agreement for an apartment in Crimea. Therefore, you should contact the real estate department of the USK company for registration.

Our lawyers will properly draw up a purchase and sale agreement in accordance with the legislation of the Russian Federation and prepare the necessary package of documents.

Today there are quite a lot of scammers in the real estate market, so you should not neglect the services of professionals. With us, a purchase and sale agreement in Simferopol will be drawn up legally competently and quickly. Employees of the company "USK" know all the intricacies of the legislation of the Russian Federation.

In addition to the legally correct execution of purchase and sale agreements, we provide assistance in the preparation of lease agreements and exchange of real estate

How sales contracts are drawn up in Simferopol. The operating procedure of "USK":

Analysis of existing documents

Preparation of necessary documents

Drawing up a purchase and sale agreement

Transfer of completed documents to the client