Cost of an apartment purchase and sale agreement from a notary, from a lawyer 2023

Legal advice > Administrative law > Document preparation > How much does a house purchase and sale agreement cost, drafting an agreement, legislative aspects and nuances of the transaction

Selling a house or a plot of land in the Russian Federation is not so difficult, but it is extremely important when completing such transactions to comply with all the rules and requirements of current legislation. In addition to where and what documents need to be submitted, there are also a number of smaller, but no less important aspects in carrying out activities for the purchase and sale of real estate.

The most interesting question concerns the cost of drawing up the contract, which includes mandatory payments to the state treasury and notary services. Read below to find out how much a home purchase and sale agreement costs and other aspects of the transaction.

Key nuances in the process of selling real estate

The home purchase and sale agreement is an important document.

Before considering the process of drawing up a contract and its cost, let's briefly look at the general procedure for activities carried out during the purchase and sale of real estate.

The first thing worth noting is the need to contact a special government body - Rosreestr, which is responsible for registering real estate in the name of new persons upon its donation, sale and other transfer for permanent use as an owner.

The legislation of the Russian Federation regulates the possibility of drawing up an agreement in two forms:

• in writing, not certified by a notary, but only in the case when there is a complete donation of property;
• documentary form with mandatory notarization of the transaction in all other cases of transfer of property.

When applying to Rosreestr with the first type of contract for the purchase and sale of a house, you only need to pay the state fee for re-registering the property to another person. Carrying out a transaction with notarization will require large expenses, which include paying a fee to the state and paying for notary services.

Many people think that by working with a notary, they can completely protect themselves from any risks when transferring property to a third party, but this is not so.

Today, you can get access to the necessary information when re-registering property in the same Rosreestr by paying a small fee.

In fairness, it is worth noting that working with a notary is simpler and less problematic when carrying out all the necessary procedures for a transaction. It is important to remember that before drawing up a purchase and sale agreement, it is also necessary to collect some documents and make a correct assessment of the value of the real estate.

Formalization of the agreement

A lawyer can help you draw up a house purchase and sale agreement.

Drawing up an agreement for the purchase and sale of a house involves a number of procedures. First of all, this is the implementation of the following preparatory measures:

• It is mandatory to consult with a lawyer on issues that are of interest to you or that you do not understand.
• Next, it is necessary to check all title documents for the property involved in the transaction (house, apartment, share of an apartment, etc.).
• It is equally important to check the property for the so-called purity of the transaction by contacting special authorities and obtaining all information about the property.
• The last stage of preparation is the collection of the necessary list of documents (copies of passports of the parties to the transaction, papers confirming the rights to own property, documents for the house, etc.).

After the contract for the sale and purchase of a house is drawn up in the correct form, the main activities are carried out, or rather:

1. Signing an agreement between the two parties to the transaction, if necessary with the participation of a notary.
2. Submitting all necessary papers to Rosreestr at your place of residence.
3. Receipt of a contract that has entered into legal force from a government agency, which indicates the successful completion of the transaction.

Depending on the individual characteristics of each transaction for the purchase and sale of real estate, the process of drawing up an agreement may vary, but the one presented above fully reflects the general procedure for all cases, which should be followed.

To obtain the maximum possible guarantee that all procedures during a transaction will be carried out without violations of the legislation of the Russian Federation, it is advisable to consult with a professional lawyer at all times.

Cost of registration of a house purchase and sale agreement

The cost of a home purchase agreement depends on various factors.

As noted earlier, the cost of drawing up a contract for the sale of real estate largely depends on the form of the agreement drawn up. If the document is drawn up in ordinary, non-notarized written form and it complies with legal requirements, then you will only have to pay state fees (usually from 2,000 to 6,000 rubles).

Concluding a transaction that requires notarization costs more. Any notary charges a notarial fee established by the legislation of the Russian Federation, which is a kind of state duty. Its dimension is regulated by the Tax Code of the Russian Federation and articles on the “Fundamentals of Notary Legislation”. The notary fee depends on the value of the contract and is:

• up to 1 million rubles – 1% of the transaction amount (the minimum is 30,000 rubles);
• from 1 million rubles to 10 million – 0.75% of the transaction amount and 10,000 rubles;
• more than 10 million rubles - 0.5% of the transaction amount and 77,500 rubles.

In addition to the mandatory notary state fee, a fee is also charged by the notary for his services relating to the legal and technical aspects of drawing up an agreement.

Depending on the qualifications and professionalism of the notary, the cost of this type of service can vary widely. The average amount in Russia that notaries are paid in such cases ranges from 3,000 to 9,000 rubles.

However, the larger the transaction, the higher the cost of notary services can rise.

To the total amount of the notary fee and the cost of the notary's services, minor costs for issuing powers of attorney (about 2,000) and for the office (up to 1,000) are often added. Thus, in order to draw up a real estate purchase and sale agreement with notarization, you will need at least 10,000 rubles.

Additional nuances of the real estate purchase and sale transaction

The contract for the purchase and sale of a house must be drawn up correctly

Understanding the essence of the contract and determining its cost is not always enough to properly complete the transaction, even if it is carried out with a lawyer. Each party involved in the transfer of rights to property needs to know some of the legislative nuances of such a process. You should not lose sight of such points as:

• Ownership of the property being sold (house, apartment, etc.) by the seller for less than 3 years requires him to pay a tax rate of 13% of the transaction amount after the sale.
• After the re-registration of ownership rights to the property, all tax obligations regarding the purchased property are completely transferred to the buyer, which should not be forgotten.
• If during the process of drawing up the contract any documents were not provided, then this could end badly for both parties. Buyers most often suffer, since their right to own property in some cases can be challenged in court by unscrupulous sellers.

The most important nuance of conducting any transaction under a purchase and sale agreement is the correct compliance with all legal aspects. Therefore, if you are not confident in your legal knowledge, it is better to carry out all the procedures for the transaction with a professional lawyer.

In general, drawing up and determining the cost of a home purchase and sale agreement is moderately simple, but extremely responsible. It is important to understand that throughout the entire transaction it is necessary to comply with all legislative norms and rules of the Russian Federation. Otherwise, a number of problems may arise that will adversely affect the parties to the transaction.

The following video will familiarize you with the purchase and sale agreement for a residential building and land plot:

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Is it worth buying an apartment through a notary?

For transactions for the sale and purchase of real estate, it is permitted in most cases to use a simple written form of the transaction. The participation of a notary is not mandatory. Signing a contract through it is expensive, but it provides additional benefits.

Is it possible to do without a notary?

You need to decide to what extent it is necessary to resort to the help of a notary. The fact is that such a procedure is not mandatory in all cases. This will only happen in the following cases:

• Sometimes the sale may occur under an agreement that provides for lifelong maintenance with dependents.
• In the event that a child or an incapacitated citizen is selling real estate.
• It happens that an apartment has more than one owner. When selling each of the existing shares, notarization of the transaction is mandatory. Even if all the owners of a given property sell all their shares in one transaction, notarization is necessary.

In all other cases there is no such requirement. If we are talking about the primary market, then contracts are developed by experienced lawyers and notarization is not accepted here.

Scheme for purchasing an apartment.

There can be many different situations in the secondary market. In this case, there is a possibility that the contract will be declared invalid for one reason or another. However, the decision on the need to contact a notary can be made based on the agreement of the parties involved in the transaction.

In order to reasonably resolve this issue, it is necessary to analyze possible risks.

Registration of sale of an apartment through a notary

He prepares the draft agreement in such a way as to completely exclude the possibility of invalidation. A notary, as you know, has direct access to the Unified Register (USRN), which makes it possible to verify the seller’s rights to a given residential property and the absence of encumbrances on it.

He explains the various features of the transaction to ensure that the parties actually did exactly what they previously planned.

Deal Features

What exactly does a notary do to secure a transaction:

• When drafting the agreement, it includes additional clauses that, although may not be obvious, are important to provide assurance to the seller. An example would be the inclusion of a condition on the period and procedure for deregistration in the Unified Register of Real Estate Rights.
• The notary can provide for issues of financial responsibility of the selling party in cases where financial restrictions will be imposed on the buyer.
• In difficult situations, he may require the provision of additional documents to increase the reliability of the transaction.
• Before signing, communicating with the parties, it is possible to assess the sanity of the parties and the voluntariness of signing documents.
• After the signing procedure, he certifies the signatures placed in the contract, excluding the possibility of forgery.

What does a notary advise you to pay attention to when buying an apartment? This video will tell you:

Documentation

Usually it is enough to contact a notary and he will tell you what needs to be done. However, it makes sense to choose one who has more experience in real estate transactions. Both parties who enter into a deal come with a prepared set of documents.

He prepares the contract, coordinates it with the parties and organizes the execution of documents. To complete a transaction the following are provided:

• Passports of the parties. Moreover, the seller prepares copies of all pages of his passport.
• Ownership of an apartment must be confirmed by a real estate registration certificate.
• Title documents are required. This may be a purchase and sale agreement or other similar papers.
• Cadastral passport for the apartment.
• Technical passport for real estate, which is issued in the BTI.
• Receipts indicating that the state duty has been paid.
• We need documents that confirm the absence of debt on utility bills.
• Certificate from the passport office about citizens registered in the apartment.
• Additional papers (to confirm family ties, consent of the spouse to the sale of the apartment by the wife and other similar ones), if they are needed.

All of the above is provided in the original with copies made in advance.

What risks are inherent in such transactions?

They differ for the seller and the buyer. The seller, in case of termination of the transaction, will receive back ownership of the apartment. That is, the situation will return to its original position. In addition, in most cases, a claim to invalidate a contract is filed by the seller. Therefore, the risks for him are minimal.

For the buyer, the situation is more complicated. If there are problems with the transaction, he will need to get the money back. This is a troublesome and time-consuming task. As a result of the transaction, the buyer receives the right to the property.

In this case, the risk of any problems occurring is minimal.

Guarantees provided by a notary

If it subsequently turns out that the transaction is disputed in court, the notary can act as a witness who can confirm various aspects of the transaction. Here are some examples of situations where the participation of a notary would be useful.

When an elderly person sells an apartment, and after a couple of months he declares that he didn’t do it. If the notary participated in the transaction, he saw what happened and how it happened and can act as a witness in court proceedings.

It may happen that during the transaction there will be reasons to doubt the adequacy of the actions of one of the parties. In this situation, the notary can interrupt the transaction and call, say, a doctor, in order to establish the legal capacity of the parties.

Why is it worth registering the purchase of an apartment through a notary? Photo: yanotarius.ru

If a transaction is carried out on the basis of a previously executed power of attorney, then it is necessary to consider whether it was actually issued. If so, you need to make sure it is valid.

In addition to all that has been said, the notary registers the agreement. The transaction with his participation is organized comfortably, because the parties do what he says. If any disagreement arises, he finds a solution.

If the damage goes beyond its boundaries, there are various types of additional insurance on behalf of notary associations. From the beginning of 2018, the Compensation Fund of the Federal Notary Chamber began to operate.

Do you need a lawyer?

In this case, the notary decides legal issues, and he bears financial responsibility if he makes mistakes. Therefore, when completing a transaction through him, there is no particular need to resort to the services of a lawyer.

How much does registration cost?

Payment consists of two parts:

• National tax;
• payment for technical services.

Should I contact a notary when buying an apartment? Watch the video:

The first of these amounts is determined by law, the second is assigned by the notary himself and may differ in different cases. In Moscow, this amount usually ranges from 8,000 to 10,000 rubles.

In all other cases, the calculation is as follows:

• If the cadastral value is less than a million, then they pay 3,000 rubles. + 0.4% cost.
• Up to ten million: 7,000 rubles. + 0.2% of the amount over one million.
• Above this amount: 25,000 rubles. + 0.1% of the excess of ten million.

Registration of the transfer of ownership rights must be carried out no longer than ten days in advance. If the transaction is executed through MFS, the period is extended by two days.

Registration of real estate purchase and sale transactions is regulated, first of all, by the provisions of the Civil Code of the Russian Federation. The activities of a notary are regulated by the “Fundamentals of the activities of a notary” dated February 11, 1993, as amended and supplemented.

Conclusion

The notary does important additional work to ensure the success of the purchase and sale transaction. It does not eliminate all possible risks, but it significantly reduces them.

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 much does it cost to register the purchase and sale of an apartment from a notary in 2023?

After the amount of rental payments was legally tied to the subsistence level (and increased significantly), the number of potential renters was reduced to almost zero.

In all other cases, which include the purchase and sale of an apartment, the parties have the right to enter into transactions in simple written form, without resorting to the services of a notary.

What is checked, how is it checked Nevertheless, many participants in transactions still prefer the notarized form of their identification.

The notary is responsible for all notarial acts performed. In the case of a simple written form, there is no one to assign responsibility to.

How much does it cost to draw up a real estate purchase and sale agreement at a notary’s office in 2023?

Do I need to have a contract for the sale or purchase of an apartment certified at a notary office? For a long time, the execution of a purchase and sale transaction was required to be certified by a notary, but currently, in order to properly confirm rights, registration of the agreement with the Rosreestr service is required.

• if the total transaction price is less than 10,000,000 rubles – the tariff is 3,000 rubles + 0.2% of the contract amount;
• if the transaction price is equal to or more than 10,000,000 rubles - the tariff will be 23,000 rubles + 0.1% of the amount exceeding 10,000,000 rubles;
• the maximum tariff when drawing up an agreement between relatives cannot exceed 50,000 rubles.

Registration of sale of an apartment through a notary

• At the first stage, a preliminary agreement is signed between the seller and the buyer. It must indicate all the agreed terms of the transaction and the timing of its conclusion. At the same stage, the necessary documentation is prepared, which is subsequently transferred to the notary for verification of papers;
• At the second stage, the parties to the transaction sign a real estate purchase and sale agreement. The document is signed in the presence of a notary, who certifies the signatures of the seller and buyer;
• At the third stage, the ownership rights of the new owner of the apartment to this property are registered.

But after June 2016, according to Russian law, such transactions, without the participation of a notary, are prohibited. Now, if the agreement refers to a share in an apartment or house, the transaction must be notarized, since registration of the document without such an action is impossible.

Registration of an apartment purchase and sale transaction through a notary

Until 1998, the purchase and sale transaction from specialists was mandatory and, according to the law, was always carried out. Now, according to the norms of the civil code of the Russian Federation, an agreement can be certified by a purchase and sale agreement, without certification.

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Stage two. Certification procedure. The parties must sign the agreement in the presence of an office employee. He explains to the parties their rights and obligations, what the agreement means, certifies that both parties were in adequate condition, sober and capable, checks documents for authenticity and other details.

Cost of registering a will for an apartment with a notary

Notaries set fees for technical and legal work at their own discretion, but taking into account the limits approved by the regional notary chamber. So, on average, the fee for this part will cost 1000-1500 rubles. If the will could not fit on one sheet, then you will have to pay for each sheet.

The state duty for performing various notarial acts, including the execution of a will, is prescribed in the Tax Code. It is the same for the entire Russian territory, regardless of the region, and notaries do not have the right to revise and increase it, otherwise they can be complained about to the notary chamber.

How much does it cost to register the purchase and sale of an apartment: notary, contract, state duty, realtor

If a lawyer is involved in the process of purchasing and selling property, the price of such support can range from 10 to 50 thousand rubles .

The difference in price depends on the number of services provided. Traditionally, a lawyer draws up a transaction agreement, an agreement on the deposit, and prepares an act on the transfer of rights to property.

Additionally, lease agreements for a safe deposit box in a bank and a document confirming the advance received can be drawn up.

• passports of the buyer and seller and a copy of all passport pages for the seller of the home;
• a document evidencing ownership of the residential premises by the seller - usually a registration certificate;
• documentary evidence of the legality of the purchase of housing for the seller - the original purchase and sale agreement, a certificate of inheritance of housing or its allocation in court;
• passport of cadastral registration from the BTI for the seller;
• technical passport for the apartment, issued by the BTI;
• for married citizens, a certificate of marriage;
• for divorced citizens, a divorce certificate;
• widows and widowers must provide a death certificate of their husband (wife);
• receipts issued for payment of state duty;
• a document from the tax authority in case of sale of a donated or inherited apartment;
• certified personal account information and a document confirming that the owner of the apartment has no utility debt (more details: certificate of no debt - how to get it);
• a document certified by a notary about the spouse’s consent to conduct a purchase and sale transaction, if the property is recognized as jointly acquired during marriage;
• a certificate issued at the passport office, according to form No. 9, about citizens registered in the apartment being sold.

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Notary fees for drawing up and certifying an apartment purchase and sale agreement in 2023

Example No. 1: Alexander has an apartment in Moscow, he is the only owner. He decided to sell it to his nephew Artem for 4.5 million rubles. A nephew is not considered a close relative.

Although not necessary, they decided to contact a notary. The notary charged them 8,000 rubles for drawing up the contract, and 7,000 rubles for certifying it. + (0.2% * (4.5 million - 1 million) = 14,000 rub.

Only 22,000 rub.

Example No. 1: Alexander has an apartment in Moscow, he is the only owner. He decided to sell it to his brother and sister - Dmitry and Oksana, i.e. to your close relatives. Although not necessary, they decided to contact a notary. Sale price - 7 million rubles. The notary charged them 8,000 rubles for drawing up the agreement, and 3,000 rubles for certifying it. + (0.2% * 7 million) = 17,000 rub. Only 25,000 rub.

What is the price for completing a transaction for the sale and purchase of an apartment with legal support and a notary?

• You will save a lot of time; the entire purchase and sale process can be completed in 4 days;
• You will not worry about the process, experience stress and anxiety, you will not have to stand in long lines, issue certificates, etc.;
• You will gain knowledge regarding real estate transactions.

In fact, the support of the transaction is the presence of a professional throughout the entire process , and he will, under any circumstances, defend your rights and interests, and will explain all the nuances and pitfalls that may overtake you suddenly.

How much does it cost to register a gift deed with a notary?

The deed of gift for the property must be drawn up in accordance with the data issued by various government departments: BTI, House Register, Cadastral Register . It is also important to consider whether there are third-party heirs to part of the property by law. If there are any, then it is necessary to separate their share of the inheritance when drawing up a deed of gift.

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The gift agreement must be correctly drawn up and notarized. The document must specify all the nuances regarding the donee and the donor, as well as the property that is transferred into possession. Competently and accurately conveyed information in the contract is a guarantee of the indisputability of the deed of gift and the right to legal execution.

Cost of the apartment purchase and sale agreement

• the amount of the advance or its size from the total cost of the apartment, as well as the deadline for transferring funds;
• guarantees for the buyer to pay the remaining funds before a certain time;
• conditions for terminating the contract in the event of a changed situation - return of the advance payment and other features.

Often people imagine the work of the MFC as an intermediary between people and various government agencies. But legal services are also offered here, and drawing up a purchase and sale agreement for an apartment is no exception. Moreover, it is more convenient to use their services.

Tariffs for services are determined by the notary offices themselves. Their size is calculated based on the Tax Code. For disabled people of the 1st and 2nd groups, benefits are provided - they will pay only half the amount for notary services. The discount is also provided for relatives who are parties to the transaction.

As a rule, a realtor takes about 4 percent of the registration fee for the purchase and sale of an apartment. In some cases, you can hire a real estate agent. He will help with paperwork, in particular, with drawing up a purchase and sale agreement, the price of which varies depending on the choice of real estate agent.

Registration of purchase and sale of an apartment: list of documents, cost

The sale of the apartment is being formalized: registration of the contract, ownership rights and the transaction itself at the same time. Now this is required by law - there is a clause on electronic registration of rights online. Notaries have access to the database; they send data on concluded transactions directly to the Real Estate Center.

In general, it is better not to buy an apartment with minor owners or shareholders. If you still decide to purchase such housing, then it is better to go with the seller for a certificate from the guardianship authorities. This is necessary to eliminate all variants of corruption when obtaining permission. Because the guardianship authorities have a very unfriendly attitude towards the sale of “children’s” property - there are many conditions and checks.

08 Feb 2023 juristsib 667      

Registration of an apartment purchase and sale agreement with a notary, price 2023 Moscow

Cost of the apartment purchase and sale agreement

rubles If the parties to the transaction doubt the intentions of the other party, they can draw up a preliminary purchase and sale agreement. To do this, you need to prepare the same package of documents that is required for the main contract. You can contact a lawyer or realtor for this service - they often have samples of the contents of the document.

The cost of such a service varies from 2 to 6 thousand. It may turn out that one of the apartment owners is against the sale, which means that buyers will spend extra money in completing the transaction.

Registration of an apartment purchase and sale transaction through a notary, prices

The accuracy of the submitted paper is checked through a unified notary information system. Joint property is the property of the spouses that they acquired during their marriage.

The Family Code establishes that spouses have equal rights to all property purchased by them during their marriage.

When certifying transactions with property owned by citizens under eighteen years of age, the notary first checks the document from the guardianship authorities.

Minors are divided into two groups: In turn, neither guardians nor parents can, without the prior consent of the guardianship authorities:

1. sell an apartment to young children;
2. give consent to the sale of housing to minors.

When drawing up such a plan of transactions, the notary bears full responsibility for compliance with the requirements of the law.

Is it necessary to have an apartment purchase and sale agreement certified by a notary from 2023?

Such procedures, for example, include drawing up a will or certification of inheritance rights. Media registration certificate: EL No. FS 77 - 67543 dated October 31, 2022, issued by the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor) In addition, the alienation of apartments of minors must be registered with a notary.

In practice, this means that without the parties it is impossible not only to sell the apartment, but also to enter into an exchange agreement. No notarization required:

• when selling an apartment that is jointly owned by spouses;
• when selling an apartment that has one owner.

Without a notary you cannot not only sell an apartment, but also enter into an exchange agreement. The cost of notary services for registration of real estate transactions consists of two parts:

• state fee for performing notarial acts
• and fees for legal and technical work.

The second part of the payment - the cost of legal and technical work - is established centrally by the notary chamber in each region.

The maximum threshold for fees for legal and technical work of a notary when certifying an agreement, for which a notarial form of execution is required by law, in the Krasnoyarsk Territory for 2023 was 6,835 rubles. Elena Abramova, notary, member of the board of the Notary Chamber of the Krasnoyarsk Territory Elena Kats, head of the legal support department of the Rosreestr Office for the Krasnoyarsk Territory Notarization is not required:

• when selling an apartment that is jointly owned by spouses;
• when selling an apartment that has one owner.

Source: Magazine “Siberian House” 7(149) July 2023 Therefore, the citizen will be interested in how much this service costs. In Moscow and the regions, registration by a notary will cost at least 2,000-3,000 rubles.

In practice, in the capital you will have to pay about 5,000 rubles. Discounts are possible when concluding a transaction for pensioners.

We certify the purchase and sale agreement for an apartment with a notary: is it possible to make sure that the price does not bite?

When concluding a purchase and sale agreement in the presence of a notary, you must pay the cost of the services provided.

However, in addition to tariffs for performing notarial acts, notaries have the right to set fees for services of a legal and technical nature. These services include:

• consulting on the legal aspects of the transaction;
• payment for employee assistance;
• copying;
• printing documents, etc.

This right of a notary is provided for in Art.

23 Basics The cost of such services is determined by each notary independently and must be brought to the attention of applicants.

Thus, the cost of notary services when purchasing a home consists of the notary fee established by law and a fee for technical and legal services, the amount of which is determined directly by the notary.

We will talk about tariffs for transactions that do not require mandatory notarization.

• It depends on the status of the person to whom the apartment is alienated under the purchase and sale agreement and is determined in relation to the transaction amount: The service for drawing up a purchase and sale agreement in any notary office includes legal and technical services.
• This service is paid separately.
• When preparing an apartment purchase and sale agreement with a notary, additional costs may also arise.

Registration of a transaction for the purchase and sale of an apartment from a notary in 2023 cost

• for an object worth more than 10 million rubles - 23 thousand rubles and 0.1 percent of the part of the cost of more than 10 million; The maximum tariff is 50 thousand rubles.

If the service is provided outside the notary’s office or government premises (the purchase and sale agreement was certified by a notary on the customer’s premises), then the tariff is multiplied by a factor of 1.5. So, according to Art. 42 of the law, registration of rights based on transactions for the sale of shares in common property is possible only after notarization of the sale agreement.

The main list of documents for preparing a real estate purchase and sale agreement: 1. Copies of passports of the seller and buyer.

2. Documents confirming ownership of the object of sale. The purchase and sale agreement is the main document in the transaction regarding the sale of an apartment.

The cost of notarization of an apartment purchase and sale agreement and the price of registration in Rosreestr

Drawing up a purchase and sale agreement in a notary's office has undeniable advantages: Among the disadvantages, perhaps one can be highlighted - it is not free.

Having a problem? Call a lawyer: Moscow and Moscow region: +7 (499) 703-31-45 (free call) St. Petersburg and Leningrad region: +7 (812) 309-78-23 However, there are 4 exceptional cases when without paperwork Rosreestr will not accept an application for registration of transfer of ownership:

1. The property was in shared ownership;
2. The housing was owned partially or completely by disabled persons or minors;
3. The apartment has an encumbrance in the form of rent;
4. The object is in shared ownership.

In other situations, the parties can certify the document on their own initiative. In such situations, instead of a notarization, you need to have the written permission of the second spouse, which will be certified by a notary.

In accordance with the Fundamentals of Legislation on Notaries, adopted in 1993 on February 11 under number 4462-1, the service of certifying a contract for the sale and purchase of an apartment or other real estate is assessed at certain rates.

The amount of the notary fee is in direct correlation with the value of the property and the relationship between the parties.

Registration of purchase and sale of an apartment from a notary 2023

deterioration of living conditions of minor owners will not be allowed. Moreover, the new housing should be no worse than the apartment being sold, because

1. Guardianship authorities will not allow the living conditions of minor owners to deteriorate.
2. BOTH parents (even if they are divorced, but not deprived of parental rights; or adoptive parents, guardians) together with the child (if he is under 14 years old, then his presence is not required) must come to the guardianship and trusteeship authorities and provide a trace.
3. Forms and samples will be provided by staff.

To have a power of attorney certified by a notary costs 1-2 thousand rubles. If you have any questions, you can consult a lawyer for free. Notary prices for all services are almost the same.

Therefore, read the reviews - is the notary polite with clients, are his employees fast, are they ready to advise, etc.

Transaction of purchase and sale of an apartment through a notary 2023 price

If the disposal of residential premises is carried out between persons who have family relations (spouses, parents, children and grandchildren), the amount of the notary fee will be determined as follows: The specified amount of the fee is paid directly at the notary office when certifying the transaction, and the notary is obliged to enter information into a unified register.

The second time is to pay for state registration to confirm ownership of the purchased apartment.

The first payment is divided equally between the buyer and the seller, the second payment is for the buyer only. The state duty for individuals does not exceed 2 thousand.

If problems arise with the buyer that lead to the cancellation of the transaction, the advance payment from the seller is not required back.

But if the seller suddenly has problems, he is obliged to return the advance along with compensation.

However, lawyers offering their services must be present when the buyer and seller meet, explaining the risks for each party or only for their client - in most cases these are the buyers. The cost of such a service varies from 2 to 6 thousand rubles, depending on the region and the qualifications of the specialist - the cost of realtor services is much lower.

In the preliminary agreement, you can specify all the clarifications and agreements of the transaction.

For example, the document states: Under no circumstances should an agreement be concluded if one of the owners is not present in the conversation. It may turn out that one of the apartment owners is against the sale, which means that buyers will spend extra money in completing the transaction.

Notary fees for drawing up and certifying an apartment purchase and sale agreement in 2023

Article updated: April 2, 2023 Does the contract need to be drawn up by a notary or at your own request? The cost of services depends on this

• A) Drawing up a contract - from 2 to 6 tr. (legal and technical services - UPTH). The price is different in each region. For example, in Moscow – 5,400 rubles, in St. Petersburg – 3,800 rubles.
• B) Notarization (certification) of the agreement - 0.5% of the transaction amount. The transaction amount is the price of the apartment that sellers and buyers agreed upon among themselves.

cost of the certificate = 0.5% * transaction amount The cost of the certificate also has a framework - it must be at least 300 rubles.

and no more than 20 tr. (clause 5, clause 1, art.

333.24 Tax Code of the Russian Federation). Example No. 2. Natalya, Kristina and Artem each have 1/3 share of an apartment in Samara.

They sell the apartment to Ivan and Olga for 3.5 million rubles.

They paid the notary 5,000 rubles for drawing up the agreement.

For his ID - 0.5% * 3.5 million = 17,500 rubles. Only 22,500 rub. (mandatory notarization is not provided) The percentage depends on the transaction amount and whether the sellers (owners) and buyers are close relatives of each other.

Tariffs are taken from clause 1 of Art. 22.1 Basics about notaries.

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Agreement for the sale and purchase of an apartment from a notary

At the request of the parties, the purchase and sale agreement for an apartment can be drawn up by a notary. Exception: transactions with the property of minors, as well as with shares in real estate, must be certified by a notary. To certify the agreement, the parties contact a notary office along with the necessary list of documents.

The parties to the transaction can prepare the text of the agreement themselves or use the services of a notary. When drawing up an agreement, the notary establishes the legality of the transaction, reads out the rights and obligations of the participants, and also verifies the authenticity of the documents provided.

The cost of notarization depends on the presence or absence of family ties between the parties to the transaction, as well as on the price of the apartment, which is indicated in the purchase and sale agreement (SPA). The price may also include technical and legal services.

Payment for notarial actions is carried out by the parties to the transaction by agreement .

After signing the document, the notary submits the agreement for registration of the transfer of ownership to Rosreestr. When notarization of the DCT is not required, you can submit documents for registration at a branch of the registration authority or through a multifunctional service center (MFC).

Is it necessary to have an apartment purchase and sale agreement certified by a notary?

In accordance with Art. 550 of the Civil Code of the Russian Federation, a contract for the sale of real estate must be concluded in writing. The parties to the transaction can independently draw up and sign the agreement. However, by mutual agreement, the parties can contact a notary in order to check the correctness of the document and make sure that their rights are not violated.

A real estate purchase and sale agreement must be certified by a notary if:

1. A share in common shared ownership or several different shares in one transaction is being sold (Article 42 of Federal Law No. 218-FZ of July 13, 2015).
2. The apartment or part of it belongs to a minor child or a person declared incompetent (clause 2 of article 52 of Federal Law No. 2018).

In all other cases, the parties can contact a notary if they wish. The parties can write the text of the agreement themselves or with the help of a professional lawyer. The document can also be drawn up by a notary, taking into account all the wishes of the parties. In this case, the agreement is drawn up on a special form .

The DCT certification is carried out at the location of the real estate , from any notary operating in the territory of a constituent entity of the Russian Federation.

After certification of the DCT, the notary independently submits documents for registration of property rights and receives them back himself. The ownership of a transaction certified by a notary is registered in Rosreestr:

• 1 day in advance - in case of submitting documents electronically;
• 3 days in advance - if documents are provided in paper form.

If a notary made a mistake or did not fulfill his duties properly, he is obliged to compensate for losses incurred by clients or third parties due to his fault. Compensation is carried out at the expense of insurance compensation under the notary's civil liability contract (Article 17 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 No. 4462-1).

Registration of purchase and sale through a notary

The procedure for registering a purchase and sale agreement with a notary:

1. The parties make an appointment with the notary, collect all the necessary documents, and negotiate the essential terms of the transaction with each other.
2. The notary draws up an agreement and reads the text of the agreement to the participants.
3. After the parties sign the document, the notary certifies the signatures of the parties and affixes an attestation inscription, seal, and personal signature on it.

When contacting a notary, you must provide the following documents :

1. Passports of the parties to the transaction.
2. A document confirming ownership of the apartment.
3. An extract from the house register about all persons registered in this living space.
4. Certificate from BTI.
5. An extract from the personal account confirming that there are no debts on utility bills.

You may also need:

• permission from the guardianship and trusteeship authorities - if the transaction affects the interests of minor children;
• loan agreement - if the apartment is purchased with a mortgage;
• notarized consent from the spouse for the sale - if the apartment was purchased during marriage.

In addition to the documents required for state registration, the notary may request additional information to confirm the authority of the parties to the transaction.

What does a notary check when drawing up a contract?

Notarization of a transaction means checking its legality , including the rights of the parties to conclude it. When drawing up a contract, the notary checks :

• compliance of the contract with the intentions of the parties;
• authenticity of documents confirming ownership;
• ownership of the apartment by the person who sells it;
• availability of necessary documentation for the apartment;
• compliance with legal requirements when making payments between the parties;
• the presence or absence of encumbrances and arrests, as well as rights to property of third parties;
• whether the agreement contradicts the requirements of the law.

The notary can check whether there is information about the parties to the transaction in the EFRS (Unified Federal Register of Information on Bankruptcy), and also find out whether the copyright holder was previously recognized as incompetent or partially capable.

A correctly drafted agreement for the sale of an apartment must include :

1. Passport details of the parties to the transaction.
2. Exact characteristics of the apartment (square area, number of floors, number of rooms, etc.).
3. Property price and calculation procedure.
4. Obligations and rights of the parties to the transaction.

If errors are identified in the agreement drawn up by the parties or in violations of the law, the notary has the right to refuse to certify the agreement and return it for revision.

If the contract is subsequently challenged in court , the notary can appear in court to confirm the legality of the terms of the transaction.

The cost of drawing up a contract for the sale and purchase of an apartment from a notary in 2023

The cost of notary services includes:

• payment for services of a technical and legal nature (for example, drafting the text of an agreement) is determined by the notary independently and depends on the specifics of the agreement;
• additional services related to the execution of the transaction - certification of powers of attorney for representatives, consent of spouses to sell a share, as well as certification of copies of the necessary documents;
• notary fee - the amount for certifying the DCT and is paid to the notary.

The notary's fees for certifying the DCT depend on the family relationships of the parties to the transaction and the cost of the apartment. The tariff amount is established in clause 4.1 of Art. 333.24 Tax Code of the Russian Federation.

Children, spouse, parent

To other persons

up to 10 million rubles - 3 thousand rubles + 0.2% of the transaction amount; from 10 million rubles and above - 23 thousand rubles + 0.1% of the transaction amount, but not more than 50 thousand rubles.

up to 1 million rubles - 0.5% of the transaction amount, but not less than 1,500 rubles; from 1 million rubles to 10 million rubles - 5 thousand rubles +0.3% of the transaction price; over 10 million rubles - 32 thousand rubles + 0.15% of the transaction amount, not more than 150 thousand rubles.

For example , if a citizen buys an apartment for 6 million rubles, the price for drawing up the contract is calculated as follows: 5 thousand + (6 million rubles × 0.3%) = 24 thousand rubles.

Services are paid directly at the notary's office on the day of signing the contract. The parties have the right to determine the list of technical and additional services independently .

Legislatively, the issue of payment of expenses for notary services when drawing up a written contract is not regulated . If the agreement does not contain conditions regarding which party pays the notary costs, payment is made by agreement .

Both the seller and the buyer can pay for notary services. If the law does not require a notarial form of the transaction, the right to choose to draw up the agreement in a simple form or in a notarial form is given to the buyer, in which case the obligation to pay for the notary’s services may be assigned to the initiator .

However, in practice, the costs of a notary are divided equally by agreement of the parties .

Is it possible to draw up a purchase and sale agreement at the MFC without a notary?

After signing the agreement, the title to the apartment of the new owner is registered . You can submit an agreement for registration through a notary (Article 15 of the Fundamentals on Notaries dated February 11, 1993 No. 4462-1), but only if he certified this transaction.

If a notarized form of certification of a transaction is not required, you can submit documents to Rosreestr through Multifunctional Centers . You can contact the MFC by appointment or in a “live” electronic queue.

At the reception, the seller and buyer fill out application forms for the transfer of ownership. To register the right to an apartment, the buyer must pay a state fee in the amount of 2 thousand rubles .

The registration period is 9 working days . On the day indicated in the receipt, you need to visit the MFC to receive a copy of the DCP with Rosreestr’s notes on the transfer of ownership.