Sample proposal to buy out a share in an apartment 2023

Offer to buy out a share in an apartment, sample

It is this feature of the transaction that makes it very difficult to carry out in practice. Have you decided to sell your share of the apartment? Call us at: (495) 790-84-39.

Article 250 of the Civil Code of the Russian Federation, which provides for the pre-emptive right to purchase, contains only the condition that the notice of sale of a share of an apartment must be drawn up in writing and contain the essential terms of the transaction.

Notice of sale of a share in the right of common shared ownership - sample and rules for registration

Civil legislation stipulates that information about the sale is communicated only through a written document.

Thus, we can highlight the nuances under which the sale of a share is possible: There is a written notification to the co-owners. The content of the notice must include the specifics of the upcoming transaction. If the co-owners did not respond to the notification or refused to buy out the share, then it can be sold to third parties. In case of violation of the right of pre-emption

Application for sale of a share in an apartment

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Sample letter to buy out a share in an apartment

Notice or permission? Very often, people confuse the concepts of notification and permission.

Instead of drawing up a sample notice of the sale of a share, they send other owners a request for permission to carry out the sale to a third party. This opinion is completely misleading.

The letter may not be notarized. But it is made in two copies, and sent either by registered mail or delivered in person, most importantly with proof of such delivery, that is, the signature of the other owner of the apartment.

Sample notice of pre-emptive right to purchase a share

In addition, participants in a share agreement should receive an advantage in purchasing part of the property at the stated price.

Particular attention should be paid to the text of the appeal to the co-owners.

It is not necessary to have it drawn up by a notary.

It is enough to contact experienced, professional realtors, who will carry out this important procedure in strict accordance with the requirements of the current Legislation and will provide for all the important nuances of the future transaction. “I (full name) inform you of my intentions to sell my part in the right of shared ownership located at the address: (address of the property).

Taking into account the conditions approved in the article of the Civil Code

How to sell a share in an apartment

For this purpose, you can contact a real estate agency or a private lawyer. But it is much easier and faster to get legal advice online on our website, because it is free and works around the clock.

Shared ownership is a phenomenon in which two or more people have ownership rights to one piece of real estate (this can also apply to movable property, but this article is about real estate). Moreover, these shares are not determined in kind - in apartments this is, in most cases, impossible, since it is impossible to make a separate exit.

When you decide to enter into an agreement to sell your part in 2023, you must remember that the second or all other co-shareholders have a pre-emptive right to purchase.

Application for sale of house share

about your desire or refusal to purchase the specified part of a residential building for the above amount.

If we do not receive a response from you after the specified period, the part of the house belonging to me will be sold to another person. Date Signature Download the document "" Do you think the document is incorrect? Leave a comment and we will correct the shortcomings. Without a comment, the score will not be taken into account!

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Please tell me what the offer to buy your 1/3 share of the apartment looks like to two other shareholders?

You will fill out an application with the notary, which he will send to the shareholders; if the shareholders do not appear within a month, the notary will issue you a document confirming that the notice was submitted and the shareholders did not exercise their pre-emptive right to purchase the share being sold.

Or you send the shareholders a notice of the sale of the share by registered mail with notification, receive a receipt in the mail that the letter was delivered and wait a month.

A notice of approximately the same content is only with you 1/3 To: ______________________, Resident: ______________ ____________________________from __________________________Registered at: __________________________________________________________ STATEMENT I bring to your attention that I am selling the property that belongs to me (Certificate of state registration of rights __ _____ _________, issued by the Office of the Federal Registration

How to correctly write a notification letter about the sale of a share of land

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Sample proposal to buy out a share in an apartment sample

08.04.2018

The seller of the share is obliged to send a notice to the co-owners about the sale of the share in the apartment, indicating the price and other conditions under which it is sold. If the remaining participants in shared ownership refuse to purchase or do not purchase the share within a month, then the share can be sold to any person.

Sample notice of sale of a share in an apartment

In situations where there is no confirmation of delivery of the notice, the notary issues a certificate stating that all possible measures have been taken to properly notify the co-owners of the upcoming sale.

But the receipt of such a certificate should be agreed upon in advance, since such a document is not provided for by any regulatory act.

Naturally, such a service is paid, but it is the most reliable of all those described above.

Agreement for the sale of real estate apartment, residential building, land plot, building, structure 2023

The transfer of real estate by the seller and its acceptance by the buyer is carried out according to a transfer deed or other transfer document signed by the parties. The act of acceptance and transfer of the alienated property is drawn up in simple written form, regardless of whether the agreement under which the real estate is transferred is subject to mandatory notarization.

How to sell a share in an apartment

If you have not taken steps to preserve the preemptive right to purchase and somehow managed to carry out the transaction through Rosreestr, and the co-owner does not agree and even wants to buy out the share, he can, within three months, go to court with a claim to buy out the share. .

Notice of sale of a share in the right of common shared ownership: sample

When the fact of delivery was absent, for example, due to the expiration of the storage period for the letter, the notary has the right to issue documentary evidence of non-delivery of the document, which indicates that the seller has taken all actions within his power aimed at transmitting to a specific shareholder a notice of the intention to sell the property part .

Notice of sale of a share in an apartment

This means that the disposal of shares when they come into the ownership of a stranger (not the other co-owners) is possible only if the co-owners refuse to purchase the share. The requirement to send a written notice of the sale of a share in an apartment is expressly enshrined in Art. 250 of the Civil Code of the Russian Federation. As well as the features of its content.

Sample letter to buy out a share in an apartment

Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for by part two of Article 255 of this Code, and in other cases provided for by law.

Sample notice of pre-emptive right to purchase a share

Taking into account the conditions approved in the article of the Civil Code of the Russian Federation, you have, within 1 calendar month from the date of receipt of the notification, a priority opportunity to buy out my share in the right of common ownership at the offered price. If, after the expiration of the allotted period, you do not buy out my share as a co-owner of the property for the specified price, my right will be alienated in favor of other persons."

“I inform you of my intention to sell my share in the right of common shared ownership of the apartment located at the address: (full address of the apartment), for the price (amount) on the day of signing the sale and purchase agreement. In accordance with Article 250 of the Civil Code of the Russian Federation, you have the pre-emptive right to purchase my share of the apartment at the address indicated above, for the price indicated above. In connection with the above, I ask you, within one month from the date of receipt of this application, to buy from me (the size of the share) a share in the right of common shared ownership of the apartment located at the address: (full address of the apartment), for the price offered above. If you do not buy the above-mentioned share of the apartment from me, after the expiration of the specified period, the share of the apartment belonging to me will be alienated to other persons.”

This norm, in accordance with paragraph 1 of the operative part of the Resolution of the Constitutional Court of the Russian Federation of March 13, 2008 N 5-P, applies only in the case of disposal of property in common shared ownership as a single object of ownership.

Sample proposal to buy out a share in an apartment sample Link to the main publication

How to sell a share in an apartment correctly

Due to the prevalence of shared ownership of real estate, many are interested in selling a share in an apartment in 2023. In this article we will look at why people sell their shares, how the issue is resolved, and in what format the deal should be concluded.

Why do people sell shares in an apartment?

There are only 2 motives for selling a share in real estate, be it a private house or apartment.

1. The need for living space has disappeared, but I don’t want to give up my share to the rest of the owners for free.
2. Need money.

All other reasons are exclusively derivatives of these two. But be that as it may, the exercise of the right to one’s share is completely legal and possible. The main thing is to follow the established sales procedure.

How to sell a share in an apartment legally: step-by-step instructions

The existence of ownership rights to a share in an apartment implies that the person who has such rights can own, use and dispose of the property. Since the right to a share does not mean that there is a right to all property, the owner of this same share will not be able to:

• sell, donate, or otherwise alienate the entire apartment;
• sell your share without a preliminary offer of redemption from other owners.

Therefore, to sell a share in an apartment, you will need to consistently perform the necessary actions.

Step 1. Determining the value of the share and terms of sale

As a rule, a share in the right to an apartment costs significantly less than a share of the market price of this apartment. Therefore, “standard” cost determination methods are rarely practiced. Most often, owners turn to realtors, who carry out the assessment.

Step 2. Buyout offer

Art. 250 of the Civil Code of the Russian Federation establishes the pre-emptive right to buy out a share by co-owners of residential premises. This means that they have the right to purchase in advance any other person's interest in the right at the price and on the terms offered by the seller.

Based on this, the seller will have to make a formal buyout offer. It must be done not orally, but in writing and with mandatory notification of delivery. There are several ways:

• in person, against signature (preferably in front of witnesses);
• by mail, by certified registered letter with an inventory and acknowledgment of delivery;
• through a notary.

Co-owners of the property must decide within a month whether to buy out the share or refuse. If the co-owners have waived their pre-emptive right, they will have to write a notarized waiver. But if, after the deadline, they have not communicated their decision, the seller may consider silence as a refusal to buy.

Step 3. Finding a buyer

Since the price and terms of sale of a share in the apartment have already been determined, the seller needs to find a buyer willing to take advantage of the offer. But the price and conditions remain unchanged - any change entails the restoration of the right of first refusal. Bargaining, as they say, is no longer appropriate.

To find a buyer, many use the following “channels”:

• Internet (specialized services and ad sites);
• realtors;
• acquaintances and friends.

Once a buyer is found, you can move on to the next step.

Step 4. Development of a policy

The purchase and sale agreement (SPA) is drawn up according to the basic rules (you can read about them here). But there are some nuances that are worth paying attention to:

• the share in the right must be precisely defined and reflected in the contract;
• the exact cost of the share being sold should be indicated, and not the entire apartment;
• the price must match the offer previously made to the co-owners;
• terms of transfer of the right to the share.

As a rule, this agreement is not drawn up independently due to increased risks (you can read about this in this article). PrEP can be ordered:

• at a notary;
• in a real estate office;
• from a professional lawyer.

As soon as the agreement is ready, you need to determine the method and deadline for transferring money (it is specified in the agreement) towards the share in the apartment. And after that go to the notary.

Step 5. Preparing documents

To sell a share in an apartment, you need all the same documents as for selling an apartment.

• Title documents for the share.
• Extract from the Unified State Register of Real Estate.
• Technical passport from BTI.
• Consent of the spouse (spouses) to complete the transaction. It is necessary if the property was acquired during marriage, and there is no marriage contract establishing the property regime of the spouses.
• Confirmation of proper notification of the co-owners of the property about the sale of the share.
• An extract from the house register, also known as a certificate of family composition.
• Certificates from doctors - psychiatrist and narcologist.

Step 6. Notarization

The notary is presented with a draft agreement (not signed) in 3 copies, as well as all accompanying documents. Without a notary, the sale of a share in an apartment in 2023 is impossible. The specialist provides the following services:

• checks the submitted documents;
• notifies other homeowners about the sale of the share (if the seller has not done so);
• explains to all parties to the transaction the legal consequences of concluding a contract;
• certifies the agreement.

Important! Since February 2023, the notary will independently register the transaction. Thus, the seller and buyer do not need to personally visit Rosreestr to formalize the transfer of rights.

Step 7. Receive documents after registration

The notary delivers the agreement to each of the parties to the transaction with a mark of state registration. From this moment the buyer becomes the full owner of the share in the apartment. The seller finally gets access to funds to pay for the contract.

But when selling a share in the right, there are certain nuances that both parties must take into account.

How to sell a share in an apartment without the consent of the co-owners - subtleties and nuances

First of all, the buyer must understand that this type of transaction may affect the interests of citizens who are under special state protection. In particular, if a transaction violates the rights of a minor, it will certainly be challenged. It's a matter of time, not right.

Secondly, we must not forget that only a share in the right is acquired, and not the specific premises of the apartment, and certainly not the apartment itself. Thus, it will not be possible to separate any specific room.

The fact is that allocating a share in kind in an apartment is almost always technically impossible. After all, this will require:

• organize a separate entrance to the apartment;
• arrange another bathroom and kitchen;
• comply with the requirements of technical and sanitary standards, rules and regulations.

Neither the court nor any other body will allocate a share in the apartment in kind if the specified requirements are not met. And therefore you will have to be content with a shared bathroom and kitchen, etc.

Legal support of the transaction

From a legal point of view, the purchase and sale of a share in an apartment turns out to be a much riskier transaction than the purchase of an entire apartment. Therefore, it is strongly recommended to involve lawyers in all significant aspects of the agreement. Required:

• check the legal purity of the share in the right;
• analyze the submitted documents;
• take into account risk factors when making a transaction;
• provide for the possibility of terminating the contract (you can find out more about this in this text).

Are you planning to buy or sell a share in real estate? Consult a site lawyer for free about how the sale of a share in an apartment occurs in 2023 in relation to your circumstances.

Sample proposal to buy out a share in an apartment

) buy a share in an apartment from your neighbor before he sells it to someone else on the side. The same applies to a separate room in a communal apartment.

If several people own an apartment by right of ownership, then such property is common, and it can be of two types: they have the right to sell their share in the apartment, both in the form of a separate room and in the form of an “ideal share”.

But first, he must offer to buy out his share to other participants in shared ownership (shares in his apartment, in relation to any other buyer “from the street.”

And only if the neighbors refuse to buy out the share, the Seller of this share has the right to sell it on the open market to a third-party buyer. An offer to buy out a share in an apartment for co-owners must contain the same conditions () that will be offered to all other buyers. Otherwise, for example, if the co-owners are offered to buy out a share, say, for 100 rubles.

, and then this share is sold on the market for 90 rubles, then the co-owners can Opens in a new tab.” Any of the neighbors-co-owners in the apartment can use their priority right to buy out the share. And if there are several such applicants, then the Seller of the share himself chooses which of them to sell it to.

I suggest you take advantage of the pre-emptive right to purchase a share in the specified apartment, in accordance with Art.

But what if your roommates, having such a priority right to purchase, do not buy out the share offered to them? 250 of the Civil Code of the Russian Federation, and buy out my share at the specified price within a month from the date of receipt of this notice. Then the Seller must record the waiver of the right of first refusal.

If you refuse to buy out the share, or are not ready to make the buyout within the specified period, my share in the right of common ownership of the apartment will be sold to another person.

If other owners do not want or do not have the opportunity to buy out, they can waive their right of preemption to purchase a share of the apartment in writing, and have it certified by Opens in a new tab.

"), then the Seller simply waits the month required by law, after which he automatically receives the right to sell his share to anyone. At the same time, a postal document indicating that state registration has been sent to other owners of the apartment in Rosreestr.

My husband wants to buy out shares in the apartment from his relatives (two brothers, wife and son). And on their behalf we want to write a proposal to buy out the share in the apartment. Can this be done on one sheet of paper or does everyone write a letter of offer. And I would like a sample offer to buy out a share in the apartment.

The current legislation of the Russian Federation regarding limited liability companies provides each participant in the company with the right to withdraw from its membership. To do this, it is necessary to write an application for the withdrawal of an LLC participant and have it notarized. The exercise of the right of a participant to withdraw from the company is in no way connected with the consent of other participants.

There is only one feature: the possibility of exit must be contained in the Charter of the company.

21 of the Federal Law “On Limited Liability Companies” N 14-FZ: “A company participant who intends to sell his share or part of the share in the authorized capital of the company to a third party is obliged to notify in writing about this the other participants of the company and the company itself by sending through the company, at its own expense, a notarized offer addressed to these persons and containing an indication of the price and other conditions of sale.”

Offer to purchase a share in an apartment, sample notice of right

One of the options for a participant to leave the company is to sell the share to another participant (participants) of the company or to third parties.

The Civil Code of the Russian Federation gives us the following definition of an offer - it is an offer addressed to one or more specific persons, which expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee.

DRAFTING A PURCHASE-SALE AGREEMENT Another prerequisite for the correct execution of an offer is its notarization. This condition is intended to guarantee the accuracy of compliance with the procedure prescribed by law.

The offeror can address the offer of his share or part of the share to a third party both to the company and its participants, but sends it only to the company, which, in turn, independently notifies its participants about this.

Federal Law No. 14-FZ “On Limited Liability Companies” No. 14-FZ provides company participants with a 30-day period from the date the company receives an offer to provide consent to purchase the entire share or part thereof, unless otherwise specified by the Company’s Charter.

An offer is considered not received if, no later than the day it is received by the company, a company participant receives a notice of its withdrawal. Failure to submit a statement of refusal to give consent within the specified period entails recognition of the consent as received.

PURCHASE SALE OF SHARES IN THE AUTHORIZED CAPITAL OF LLC If the seller of the share is obliged to obtain the consent of the participants and (or) the company to alienate the share to a third party, the participants and (or) the company have the right to send to this seller (clause

Revocation of an offer to sell a share or part of a share after its receipt by the Company is permitted only with the consent of all members of the Company, unless otherwise provided by the Charter of the Company.

In addition, the company itself has the right to send an acceptance to the offeror within seven days from the date of expiration of the preemptive right of the company's participants, if the charter provides for the company's preemptive right to purchase a share alienated to a third party, and the participants did not exercise their right (clause

EXIT OF A PARTICIPANT FROM THE COMPANY TO LLC "__________________________" address: _______________________, INN _______________________ OGRN ______________________ Represented by the General Director ____________________________ From _________________________ address: ______________________, OFFER on the sale of a share (part of a share) in the authorized capital of _________________________________________, who is a participant in the limited liability company "_____________________" , share (or: part of a share) in the authorized capital ______%, notifies the Company and its participants of the intention to sell its share (part of the share) in the authorized capital of the Company in the amount of __% with a nominal value of ______ (_________________) rubles _____________________________, who is not a member of the Company, at a price of ______(_________________) rubles.

The participant has no property or other claims against LLC “________________”. A settlement can be an excellent way to end a lawsuit.

Especially in cases where there is a real threat of losing the case and incurring large losses. I have already told a story about such a case in an article about a tricky settlement agreement. In this post there will be more practical information about how a settlement agreement is concluded.

One should not think that a settlement agreement is a necessary measure only in case of loss.

Sample proposal to buy out a share in an apartment 2023

I know many examples when managers or lawyers deliberately initiated any negotiations in court in order to conclude an agreement in court and close the issue with a judicial ruling. The purpose and meaning of such tactics will become clear below. The article will only consider civil proceedings in the general court jurisdiction.

The principles below are also applicable in the arbitration process, especially since the procedure for concluding a settlement agreement in the arbitration process is practically the same. A settlement agreement is an ordinary civil law agreement by which the parties terminate a legal dispute and establish new rights/responsibilities.

The difference between a settlement agreement and other civil law agreements is that it is approved by the court and has the force of a court decision. In addition, the conclusion of a settlement agreement has additional procedural consequences established by Article 221 of the Code of Civil Procedure of the Russian Federation.

The court is not only interested in approving the settlement agreement, but is even obliged to take measures for the parties to conclude a settlement agreement (clause 5 of Article 150, 172 of the Code of Civil Procedure of the Russian Federation).

Therefore, if the judge sees flaws in the settlement agreement, he will point them out and give time to correct them. A settlement agreement can be concluded at any stage of the civil process - from the first meeting to the execution of the court decision. a conclusion can be made in court at any instance - first, appellate, cassation (Art.

39, 173, 326.1, 346 of the Code of Civil Procedure of the Russian Federation), as well as at the stage of execution of a court decision (Article 439 of the Code of Civil Procedure of the Russian Federation). As mentioned above, the court cannot approve a settlement agreement if it violates the law and/or violates the interests of third parties.

When drawing up a settlement agreement, all conditions must be met as when concluding a civil contract. All provisions on the invalidity of the transaction (Articles 166 - 179 of the Civil Code of the Russian Federation) also apply to the settlement agreement.

For example, if a legal entity requires the approval of the company’s participants to conclude an agreement, then such approval is required to conclude a settlement agreement on the same subject. The court can approve a settlement agreement without worrying about how it will be implemented.

I have already given such an example in a separate post, which I mentioned above. If the parties agree to enter into a settlement agreement, then the court postpones the hearing.

How to correctly draw up an offer to buy out a share in an apartment?

The parties are given time to draw up the text of the settlement agreement. The party interested in the settlement agreement can first draw up a draft agreement and present it to the other party and the court at the court hearing. In order not to delay the trial, it is necessary to fully agree on the text of the settlement agreement with the other party before the next trial meetings.

At the court hearing, the court is provided with the finished text of the settlement agreement, signed by the parties.

At the same meeting, the court checks the text of the agreement, and if there are no violations, it approves the settlement agreement and issues a ruling to terminate legal proceedings.

Each provision of the agreement must be final, not requiring interpretation and not giving rise to questions during execution. That is why the agreement cannot contain provisions that will be executed under any condition (if the condition is not met, a dispute will arise). The Civil Procedure Code does not contain instructions on how it should be a settlement agreement has been drawn up.

A settlement agreement, in general, can be concluded orally: the court records the will of the parties in the protocol, the parties sign in the protocol, and the court makes an appropriate determination. But as mentioned above, it is better to keep this process under control.

It should be remembered that if a settlement agreement establishes long-term legal relations or establishes an obligation to conclude any agreement, then not only the essential terms of this agreement must be carefully spelled out, but also other terms of the transaction necessary for the smooth execution of the agreement. Otherwise, serious problems may arise at the stage execution of the agreement.

Offer to buy out a share in an apartment - advice from 29,864 lawyers and lawyers

Notice of purchase of a share in an apartment sample

Hello, in this article we will try to answer the question “Notice of redemption of a share in an apartment sample.” You can also consult with lawyers online for free directly on the website.

The countdown of the period that will allow us to determine the date of delivery to the co-shareholders will be the date specified in the notice of delivery. This method is usually chosen by those sellers who are absolutely sure that it will not be possible to come to an agreement with other co-owners.

This method is usually chosen by those sellers who are absolutely sure that it will not be possible to come to an agreement with other co-owners.

Article 246 of the Civil Procedure Code of the Russian Federation, hereinafter abbreviated as the Civil Code, establishes that the disposal of property in shared ownership is carried out by agreement of all its participants.

Sample notice of pre-emptive right to purchase a share

I suggest you take advantage of the pre-emptive right to purchase a share in the specified apartment, in accordance with Art.
250 of the Civil Code of the Russian Federation, and redeem my share at the specified price within a month from the date of receipt of this notice. If you refuse to buy out the share, or are not ready to make the buyout within the specified period, my share in the right of common ownership of the apartment will be sold to another person.

At the post office, an inventory is drawn up for each letter in two copies, one of which remains with the sender. The value is indicated, for example, 100 rubles (you can indicate any value at your discretion).

By law, you notify co-owners of your intentions to sell the room or share. Within 30 days they must react or tacitly agree. It is advisable to notify in writing: by letter or telegram.

Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for by part two of Article 255 of this Code, and in other cases provided for by law.

It is advisable to send it by a valuable letter with a detailed description of the contents and a mandatory return receipt, which is official proof of delivery indicating the actual date of delivery. An inventory should also be drawn up to verify the number of documents in the letter and their names. It is from the moment of notification of all co-owners that exactly one month is counted until a possible transaction.

This is done to enable the remaining homeowners to purchase the share being sold; if such notice is ignored, the transactions may be declared invalid and may have further difficulties during re-registration.

The question is: if I sent a letter of notification to my neighbors about the sale of my share in the apartment for 1.2 million rubles, and then sell it to another buyer for 1.3 million rubles, can the neighboring owners challenge the transaction due to a violation their right of first refusal to buy my share?

If the actual address is unknown, then the notice is sent to the location of the common property.
If the participant in the shared ownership at the time of sale is a minor, then the notification must be sent with a notice to the guardianship authority located at the place of official registration of the child.

Notification of the sale of a share in the apartment is sent to the co-owner in writing. The Civil Code of the Russian Federation does not impose other requirements for this process.

Alexandra, no one except the owners can solve this issue. First of all, you need to ask your father if he agrees to give you his share. Maybe the sister has a reason to demand this, but he has no desire to object? Father can give it.

Such a seemingly insignificant episode as drawing up and sending out offers to buy a share of an apartment, if carried out incorrectly, can derail the deal and ruin the seller’s plans. Therefore, this stage must be approached extremely carefully and responsibly, involving competent lawyers in its implementation. Want to make sure you're protected from trouble?

Such a seemingly insignificant episode as drawing up and sending out offers to buy a share of an apartment, if carried out incorrectly, can derail the deal and ruin the seller’s plans. Therefore, this stage must be approached extremely carefully and responsibly, involving competent lawyers in its implementation. Want to make sure you're protected from trouble?

Transaction value (amount) at the time of conclusion of the contract. I would like to bring to your attention that, in accordance with Article 250 of the officially current Civil Code of the Russian Federation, you have a pre-emptive right to buy out my share for the specified price.

It is extremely important to notify the owner of the intention to sell, since the right to ownership of this property extends to as many people as possible. If the property is owned by one person, then there is no need to notify anyone of your intention to sell.

Notice of sale of a share in an apartment

Alienable room ___ sq.m. for No.___belong to me and my minor son by right of common shared ownership on the basis of the Privatization Agreement No. _____ dated ___________, which is confirmed by ——(Privatization Agreement No. ___ dated ______)—. We invite you to take advantage of the pre-emptive right to purchase in accordance with Article 250 of the Civil Code of the Russian Federation.

If one of the shared owners did not want to sell his share, then the rest would have to first offer to buy out their shares of the apartment to him, and if he does not buy back, then sell them to you for the same price.

You can hand over the notice in person - when making a transfer in this way, you must obtain the signature of the other owner on your copy. And also indicate the date of receipt.

The co-owners of the common property are the first to know about the upcoming sale of part of it. This is necessary so that, within the prescribed period, they can assume the rights and obligations of the buyer and add the purchased share of the apartment to the existing one.

Features and stages of purchasing a share in an apartment

If the co-owner of the apartment is not interested in purchasing, he can refuse the offer or ignore it, but in no way has the right to influence the seller’s further choice regarding the buyer of the share. On the one hand, the Supreme Court determines that the seller is not obliged to serve notices on other owners, but is only obliged to take measures to notify the owners.

Failure to comply with this rule entails adverse consequences for the seller and the buyer, up to and including invalidation of the transaction.

Thus, notification of the sale of a share in the apartment must be sent to the co-owner as soon as a decision on the transaction is made. The law establishes a written form for it.

The latter must sign the notification and the date on which they were familiarized with the document. In this case, you can save your own finances without turning to a notary for help, since it often happens that more than one notification needs to be sent.

The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the PRICE and other conditions under which he sells it.

NOTICE OF SALE OF A SHARE IN AN APARTMENT LAST NAME, FIRST NAME, PATRONICAL NAME IN FULL, registered at the address: ___________________.

Notice of sale of a share in an apartment - sample and tips for drafting

In the case when all shareholders express their reluctance to purchase a part of the common property, it can be sold to a third party.

If you are on friendly terms with the co-owners of the property, you can contact them personally and ask them to sign the notice. This is worth resorting to if you are sure that the neighbors will not be against the sale.

In addition to notifying other owners about the sale of a share, the owner may face the problem of assessing taxes on the property being sold. You need to know that if part of the apartment was owned for less than three years and the sale amount is over one million rubles, in this case it is necessary to pay a tax of 13%.

If the owner communicates his intention orally or by telephone, then in the future the sale and purchase transaction of the share will not be registered in Rosreestr due to the lack of written notification to other owners of this property.

Notice of the sale of a share in an apartment Lawyer Oksana Vyacheslavovna Vashanova © MOKA “Legal Protection” If you want to sell a share in an apartment with a problem, you can contact us. We also provide a full range of legal services related to the sale of a share in an apartment. Call us at: (495) 790-84-39.

• But what if your roommates, having such a priority right to purchase, do not buy out the share offered to them?
• But this will not lead to the cancellation of the sale: anyone from among the property rights holders will be able to apply to the court within three months with a request to transfer the rights and obligations of the buyer to themselves.
• After receiving a response or after a month has passed after sending the notification, the seller can enter into a purchase and sale agreement and carry out the re-registration procedure for the new owner.

The primary right to acquire shares belongs to other owners of the property.

By sending them a notice of intention to conduct a share purchase and sale transaction, the owner exercises the right of the co-owners to purchase the property as a matter of priority.

Usually, in order to have all the supporting documents about the sending of the notice, it is sent to the shareholders through the post office. In this case, it is recommended to send a letter with a notification and an attached list of the documents being sent.

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Sample proposal to buy out a share in an apartment

The Civil Code obliges the owner to draw up a notice of sale of a share of a house or apartment and send it to other owners of real estate if alienation to a third party is expected.

In the first and last cases, the owner receives the right to sell his part of the property to an outsider, without fear that the co-owners will be able to challenge such a transaction. True, this information is relevant for common shared ownership, i.e. when the shares in such an apartment are determined (and indicated in the certificate of ownership).

Contents of the notice of sale of a share in an apartment

At the same time, they can transfer the rights and obligations of the buyer to themselves (clause. The period for challenging the transaction is 3 months from the moment the fact of fraud was discovered.

Recipients of the share purchase offer must be all owners of common living space without exception.

Letters are sent to each person separately, even if the seller knows for certain that some of them are in close contact or live together.

The transfer of real estate by the seller and its acceptance by the buyer is carried out according to a transfer deed or other transfer document signed by the parties.

The act of acceptance and transfer of the alienated property is drawn up in simple written form, regardless of whether the agreement under which the real estate is transferred is subject to mandatory notarization.

Article 246 of the Civil Procedure Code of the Russian Federation, hereinafter abbreviated as the Civil Code, establishes that the disposal of property in shared ownership is carried out by agreement of all its participants.
The hassle associated with the delivery and delivery of letters falls entirely on the seller, which is especially inconvenient in the case of a remote place of residence of the co-owners or their evasion of delivery.

These rules apply to any situation where the right of common ownership is involved.

That is, if the apartment was inherited by several heirs, in order to sell your part you must notify the others.

If citizens are divorced, but jointly own shares in the same house, then it is also required to notify the ex-spouse, and only then look for a buyer among strangers.

This opinion is completely misleading. The owner of a share is a full-fledged manager of his own property with all the ensuing rights and obligations. Co-owners cannot authorize selling or not selling, otherwise this is a complete violation of the norms of the Constitution.

The letter may not be notarized.

But it is made in two copies, and sent either by registered mail or delivered in person, most importantly with proof of such delivery, that is, the signature of the other owner of the apartment.

In addition to the price of the apartment share, the letter must accurately indicate its address and the surname, first name, and patronymic of the owner of the apartment share, to whom it is addressed. This will indicate that you have fulfilled your obligation.

Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for by part two of Article 255 of this Code, and in other cases provided for by law.
The service of transmitting letters with an offer to buy out a share is ordered from a notary, who double-checks the data received, establishes the legality of the procedure and, if necessary, issues reliable confirmation of its completion.

Sample notice of sale of a share in an apartment to the owner

A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.
For your convenience, we have posted an example of a notice for the sale of a share in an apartment, as well as general information about the procedure for disposing of property that is in shared ownership. Additional questions can be asked to the site’s duty lawyer.

If a refusal follows, it is considered that the shareholder has lost the pre-emptive right. If it turns out that the seller reduced the price or beat the terms that were offered to the shareholder, the latter has the right to challenge the transaction in court.

If you do not intend to buy a share, please send your refusal to purchase the share in writing to my address as soon as possible.

Having a part in common shared ownership, you should not hope that you will be able to sell it quickly. In this case, the order involves notifying other shareholders about the upcoming sale.

It is clear that the owner has the right to dispose of his part at his own discretion, sell it or donate it, but on condition that the pre-emptive right to purchase a share from other owners is not violated.

Article 250 of the Civil Code of the Russian Federation, which provides for the pre-emptive right to purchase, contains only the condition that the notice of sale of a share of an apartment must be drawn up in writing and contain the essential terms of the transaction.

A written notice of the sale of a share is an official document that must be sent to other owners of shares in an apartment or other real estate. In response to such a document, co-owners can:

• refuse to buy back the share;
• agree to buy out the share;
• ignore the information.

Notice of sale of a share in an apartment, sample and example

The third method is used most often in practice - the notification is sent with the help of a notary. The notary prepares a letter notifying that it has been delivered to the remaining shareholders who have priority rights and sends it to their residential addresses.

If for some reason the letter was returned, then the notary has the right to issue a certificate with the wording and evidence that the seller has taken all possible means to notify all co-owners of his desire to sell his share in the property.

Certification of documents by a notary and the correct formulation of justification for the legality of the sale will help sell the property to the co-owner, without obstacles or delays. After a month, the seller can contact Rosreestr to officially register the transaction.

By the way, to avoid misunderstandings in the future, it is better to prepare in advance with a notary the certified waivers of all co-owners. In this case, the purchase and sale transaction can be carried out at any time. Our company offers a full range of services for preparing official correspondence regarding the refusal of a share.

In accordance with Art. 250 of the Civil Code of the Russian Federation, if you do not acquire the share in the right of common shared ownership that I am selling within a month after receiving this notice, I have the right to sell it to any person.

If the seller has not sent a notice of redemption of the share, the co-owners have the right to file a claim to declare the transaction invalid. Otherwise, reimburse the buyer for current expenses and re-register ownership of the share in the apartment - become the new owner.

Notice of sale of a share in an apartment under the right of common share

I hereby notify you of my intention to sell my 1/3 share in the right of common shared ownership of apartment No. 97, located at the address: Moscow region, Vidnoye, Severnaya street, 33, for 800,000 (eight hundred thousand) rubles with the condition of payment of the price contract at the time of its conclusion.

When choosing the option of delivering notices, the seller should remember that the main purpose of the event is to clearly and timely inform the co-owners of the apartment about the intention to sell its share.
And any method that allows you to achieve results will be suitable. Judicial practice in this matter is also not clear.

On the one hand, the Supreme Court determines that the seller is not obliged to serve notices on other owners, but is only obliged to take measures to notify the owners.

On the other hand, some courts satisfy claims and transfer the right to acquire a share to the shareholder, motivating their decision precisely by the lack of confirmation of receipt of a notice of sale.

If the notice of sale of a share in the apartment is not sent

Shareholders cannot be notified orally. Civil legislation stipulates that information about the sale is communicated only through a written document. In the absence of this paper, it will become impossible to register the purchase and sale in Rosreestr, or there will be a risk that the remaining owners will be able to challenge the transaction in court within three months after its completion.

With sufficient reliability and responsibility of the representative, the seller can free himself from the need to send notifications and monitor their further fate (very convenient when he is very busy, at a remote location or with limited physical capabilities).

Naturally, postal employees will not carry a letter every day or find out where the recipient of the notification is now.

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