How to correct the purchase of an apartment on the secondary market: step-by-step instruction, procedure, procedure, procedure, rules, algorithm, advice

The steps of a real estate deal – both buying and selling –High risks for ordinary citizens, requiring knowledge of many legislative requirements and subtletiesDo you know where to start selling the apartment on your own?

So it's worth a step-by-step look.Sales procedure (stages of the transaction) for an apartment.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-51-36 -- it's quick and free!

Hide Content

Where do you start the design?

The main parties to the sale transaction are:buyer and seller – each has obligations in the process..

Various intermediaries may also be involved: real estate agents, notaries, real estate evaluators, etc.The processing phase for each party will be different:

First, the seller is obliged to prepareall documents for the transactionIt is up to him, in particular, to take care of:

• Preparation of the necessary documents;
• Assessment of the dwelling;
• Preparation of a sales contract.

Model sales contract

To facilitate all these tasks, mediators are needed- they'll be able to check and process all the necessary documents faster and more thoroughly, but their services must be paid for, which will entail additional costs for the parties.

Second, the buyer--Once he has chosen a suitable apartment, he can check it himself or ask the seller for the documents he needs.Prior to the signing of the contract and the transfer of money for payment, all organizational matters must be resolved.

The procedure for processing the transaction will be discussed further.

Main steps of the procedure

1. Oral agreementAt this stage, the buyer will find the most suitable apartment for it and will agree with the seller on all the details of the transaction.
2. Owner ' s trainingall necessary documents for the conduct of the procedureThis phase may be carried out by both the seller itself and the intermediaries engaged by the seller.
3. FormationSales contract.This document can also be drawn up on its own or with the assistance of a specialist; the contract is drawn up in two copies (for each party to the transaction).
4. Signature of a treaty– Only the seller and the buyer may participate in this process, and the transaction of sale does not require a mandatory notary certificate.
5. Submission of applications and documentsThis can be done either in person or with the assistance of the IFC or by e-mail; the registration service is paid for in the amount of 2,000 roubles; after registration, the new owner will obtain documents confirming his right to an apartment.

Model application for public registration

With regard to the conduct of theEarningsthat can be done both at the time of signature of the treaty and shortly before.

The most convenient and safe way to transfer money is through a bank cell, and also before concluding a basic sales contract, a preliminary document is the best way to protect the interests of both parties to the transaction.

Inspection of seller and apartment

To reduce risks during the acquisition of housingbuyer has the right to ascertain the cleanness of the transactionThis shall be done by checking:

1. The apartment that's bought, it includes a check-in.Cleanness of the premisesi.e. the existence of third parties or other burdens prescribed therein, this can be done by means of an extended (archive) extract from the home book; in addition to the charges, it is also necessary to verify the existence and legality of the alterations that have been carried out in the dwelling (this includes the use of a cadastral passport for the dwelling).
2. The seller is required to provideReal property rights holders and guarantees that there are no other applicants for housing.The seller must prove that it is in fact entitled to an apartment and other interested persons (e.g. spouse or children) agree to sell it.
3. The documents the seller provided.Use a lawyer to review the documentationThe buyer has full right to demand from the seller the documents of the persons in the dwelling or of other possible charges.

AllThese points need to be checked before the contract is signed and the money is transferred., 'cause after that, the deal is considered to be a deal.

By signing, the parties would confirm their acceptance of all the terms and conditions of the contract and it would therefore be difficult to rescind it.

The main point we need to check before we make a deal isThe legal purity of the object of sale.One can single out.Main factors that should alert the buyer:

• Previously, citizens who were currently living in the apartment were registered.serving a sentence or serving in the army- upon their return, they will be entitled to register again;
• She's--she's--she's--she's--she's--she's--she's--she's--she's--she's--she's--she's-- she's-- she's-- she's-- she's-- she's-- she's-- she's-- she's--Is in bail or under arrest- According to the law, the sale of such property is not permitted and the transaction is considered null and void;
• It's for sale.without the knowledge of the owner ' s spouse- He must give his written consent to the transaction;
• at the apartmentThere are registered minor children– If they are not legally released before the treaty is finalized, it will be difficult to do so in the future, as children's rights are under the special protection of the State.

It's not easy to check all these things, so it's best to get a lawyer on the case -- that's the only way to guarantee maximum security of the deal.

An important step in the sale of an apartment isDetermination of its valueThis point is important for both sides:

• For the buyer – so that he does not overpay the extra money for the dwelling;
• For the seller – so that he does not sell his property cheaper than its actual value and lose possible profits.

For the implementation of the evaluation procedureIn general, independent participants are involved- it may be both a real estate agent (this obligation is included in the agreement with the agency) and a real estate evaluator; the person who will carry out the assessment must have an appropriate education and a licence to carry out such an activity.

Both the buyer and the seller may participate in the process of selecting the evaluator. After the procedure, the evaluator must issue an official document (a certificate) which will set out its outcome as the cost of the apartment.Many factors are taken into account in the valuation of real property:

• Type of house (cricket, panel, monolith);
• The location of the house;
• Housing area and number of rooms;
• Planning of the apartment;
• The condition of the accommodation (e.g. the existence or lack of repair);
• The legal purity of the dwelling, etc.

• On the basis of all this, the expert makes his opinion on the value of real estate, which the participants in the sale can accept as the price of the dwelling.
• However, thisThe figure is not the final price of the transaction.
• Depending on the conciliators involved, the parties will incur the following costs:

• for the payment of a public service (for such a service as registration of the transfer of property rights);
• For notary fees (a specific figure depends on a lawyer ' s cost);
• The real estate agency (usually the real estate agent receives 3-4% of the value of the transaction).

Payment of these costs shall be made by agreement between the parties– They can be divided in half, reimbursed by the seller or included in the value of the flat for full payment by the buyer.

Time frame of the procedure

Duration of the procedureFor example, if most documents are not ready and need to be ordered by the relevant authorities, the time limit will be significantly longer.

In case of additional legal clean-up and valuation of the dwellingThe duration of the transaction is also increasing because all these procedures are time-consuming; for example, it takes up to 30 working days to obtain an archive extract from the home book.

The use of intermediaries – in particular, the use of intermediaries – will help to reduce time.A real estate agent or notary.

These experts take up some of the issues, thus saving clients from waste of time and effort. And finally, the final stage is:The registration of the transfer of ownership rights also has a fixed duration of up to 10 days from the date of the application.

Preparation of documents

Summarization of required documentsIt is the primary responsibility of the seller to prepare the following papers:

• a passport or any other document certifying the seller ' s identity;
• A certificate of ownership of housing;
• Right-making documents for real estate (their specific type depends on the way in which they were obtained);
• BTI documents (including technical and cadastral passports for the apartment as well as a floor plan);
• An extract from the home book (it contains information on all citizens who are written in the premises);
• The spouse ' s consent to the sale of the dwelling (if any);
• An extract from the front account confirming that there are no debts on utility payments;
• A marriage certificate or its dissolution;
• The consent of the guardianship authorities (if minor children are registered in the apartment);
• An extract from the EGRP;
• Sales contract in accordance with legislative requirements.

1. Model of the spouse ' s consent to the sale of housing
2. Only the buyer is requiredThe documents confirming his identity (i.e. passport) as well as the marriage certificate and notarial consent of the spouse to the transaction.
3. Model of the spouse ' s consent to the transaction

Face,in charge of the drafting of the contractdepends on how the sale of an apartment takes place with or without intermediaries.

In the first case, the contract is processed by the real estate agent; this option guarantees the highest level of reliability in the preparation of the document.

First of all:the subject matter of the transaction is an essential condition of a given type of contract, therefore, without such information, the document will be considered null and void and the subject matter must be described specifically and clearly, specifying such information:

• Location of the premises (full address - city, street, house);
• Total area (including residential and non-residential areas);
• The floor on which the apartment is located;
• Number of rooms;
• Other information (if available).

Second:parties to the transaction – this paragraph contains information on the seller and buyer of the dwellingIt is necessary to specify such data:

• FIO of both sides;
• Date and place of birth;
• Sex;
• Place of residence and address of permanent residence;
• Nationality.

• The absence of any of these data may constitute grounds for refusing to register a transaction

.

Third:The cost of the facility is precisely for the purpose of determining it and a preliminary assessment of the dwelling is being carried out..

This paragraph should be given special attention in the event of any conflict about the apartment.Only the money specified in the contract will be returned to the buyer.

Therefore, there is no need to understate the cost of housing in order to save on tax payments; in the future, such action could become a major problem.

The authorized currency of the transaction is only rubles, and the value must be stated in both figures and in writing. With regard to the buyer ' s settlement with the seller, the former may hand over the money in any currency convenient to the parties.

Fourth:Information on the absence of any encumbrances for the purpose of the transaction – it is necessary to provide in the contract a separate paragraph that would contain such information.The seller thus confirms that the real estate is not on bail or under arrest, and claims against it by third parties are excluded.

Having the last point is more important for the buyer – if there are applicants for an apartment, it will help to defend the right to it in court.Generally speaking, the drafting of a sales contract is not very difficult.And can even be capable of a man far from legal subtleties.

Post-registration procedure

Registration of transfer of ownershipOnce completed, the buyer becomes the new owner of the dwelling and must obtain such documents:

• A certificate of ownership of the dwelling (already issued for the new owner);
• Registered sales contract.

After thatThe old owner has only to clear the premises and give them to the new owner..

At the time of handing the apartment over to the new ownerA special document is being prepared - the act of reception/transferwhich records the state of the premises at the time of the transaction.

The act should describe in detail the furniture that is available in the room, the availability or absence of repairs, and other important details.

Act of acceptance/transfer to the contract for the sale of an apartment

It was important to know which instruments were required of the parties to the treaty, how the instrument should be drafted correctly and what sequence of actions should be followed.

Now we've looked at how the sale of an apartment is done, where the algorithm or action plan is phased, where there are rules.

Given the way in which the apartment is sold, this procedure can be handled on its own.

How's the sale of the apartment going? Look at the video:

You didn't find the answer to your question?How to solve your problem, call me right now:

+7 (499) 938-51-36 (Moscow)

It's quick and free!

Procedures for processing the sale of an apartment

Last update: 30.03.2022

The sale of an apartmentIt's not as complicated as realtors say it is, but it takes some time to study the issue to properly conduct and determine the course of action in it (with and without mortgages).

By the way, realtors in real estate agencies are prepared for these tasks pretty quickly, and they don't even need legal education to do that.

Ours.A self-sustained apartment-without-Agent.(draftRealtor's Secrets) is fully devoted to the conduct of sales of apartments.HARMONIZATION INSTUCTION (algorithm)(see para.

(see reference below) andon the basis of the legal frameworkboth can be studied in a few days, and then most of the issues that the parties to the transaction will have to deal with themselves.

However, in certain areas requiring in-depth knowledge of the laws, additional legal advice may be required (these points are noted in the instruction in red).

The manner in which the sale of an apartment (including mortgage) is conducted and processed varies considerably depending on whether or not we buy an apartment.on the primary marketreal estate (in the building house of the developer), orat secondary levelThe action algorithm in both cases can be broken down into a dozen main steps (stages) that follow.

Can you buy a confidant apartment when and how it happens?- look in that note.

How to buy an apartment in a new building

In the primary market, all the paperwork is taken over by the Developer (if we buy an apartment from Devolper) or a cooperative (if we buy an apartment in the JSC). We just have to agree or refuse to agree to the proposed terms. Trying to change the process of selling the apartment into ourselves is useless, except for minor nuances in some cases.

Procedures for the purchase of an apartment in a new buildingIn the case of the developer:

1. Selection of the construction project (desired location and type of house, floor and area of the future apartment, price level, etc.).
2. Introduction to the Developer (assessment of its reliability and financial sustainability).
3. Verification of the main documents for the construction project (construction permit, land rights, etc.).
4. Clarification of the terms and conditions of purchase of the dwelling in the house under construction (type of contract to which the money is transferred, form and manner of payment, timing and manner of giving the dwelling to the buyer, etc.).
5. A contract with the Developer and its transfer to Rosreestrester for registration (if purchased under the Contribution Agreement).
6. Payment of the contract under the agreed terms of the transaction (transfer the money to the Builder's account immediately or in instalments).
7. Next, we wait for the construction to be completed and accept a ready-made apartment at the Developer's (sign the Review List and the Transfer Certificate).
8. We'll get our ownership of the new apartment and register it in Rosreister (becoming full-fledged owners of the dwelling).

How to take each step individually – with nuances and details – is described at the appropriate steps of our INSTRUCTION (see reference below).

If you're attracted to a transactionMortgagein addition to the standard set of actions, recourse to the bank and preparation of documents relating to the approval and issuance of credit are added.

What are the characteristics for determining the reliability and sustainability of the developer?- see at the appropriate step of the Regulation, by reference.

Conducting a transaction for the sale of a second-hand apartment

There's a little bit of a different deal going on with the apartment.on the secondary marketHere, the seller and the buyer are already engaged in the preparation of the transaction and the processing of the documents themselves.

You can, of course, ask for such a service at theReal Estate AgencyBut is it worth paying hundreds of thousands of rubles for something you can do yourself and free of charge? You can study the basics of the real estate profession to solve your own apartment question in a matter of days.

Our website, within the framework ofRealtor Secrets Projectthat's exactly what it's for.

Should I go to the real estate agency?- look at the link.

Procedure for the sale of an apartmentIt consists of several main steps (both for the seller and for the buyer):

1. Rapid market research: Introduction to the current situation in the real estate market – quantity and quality of supply, prices, and current trends.
2. Assessing your own capabilities and deciding whether to buy or sell an apartment.
3. Search for a suitable option (search for an apartment to buy, or search for a buyer to sell).
4. Payment/receipt of an advance for the dwelling (the selected option for the time of preparation of the documents is recorded).
5. Preparation of the documents required to process the transaction (including the draft contract for the sale of the dwelling) and verification by the buyer.
6. Preparation of the mutual settlement of the transaction (negotiating the terms and conditions of the transfer of money).
7. Signature of the agreement for the sale of an apartment.
8. Registration of the transfer of the right under the contract and the new right of ownership of the apartment.
9. Completion of intercalculations (the seller has access to the buyer ' s money).
10. The transmission of keys and the signing of the Act of Reception and Transfer of the apartment.

For more details on how to do all this, see the INSTRUCTION below, and reference is made to the legislative basis for all actions relating to the processing of the housing transaction.

For example, everything you need to know about the registration of housing transactions is illustrated in the Glossary by reference.

What risks does the buyer have in buying an apartment from a legal person in the secondary market?- see the note on the link.

AvailabilityMortgages in a dealIn this case, some of their actions have to be coordinated with the funding bank.

There is a perception in the market that if a bank controls the sale of an apartment, it guarantees its safety.

The bank simply places its risks on the borrowers ' shoulders. Bank employees cannot control all the nuances of the real estate transaction (and they do not usually have such qualifications).

Therefore, it is first and foremost the buyer's concern to manage the transaction in a sound manner and to reduce its risks.

Our online methodology is very supportive of this, and additional advice from specialized lawyers will clarify some of the nuances of legislation for individual cases.

The exchange of apartments in the real estate market is how it's done.See reference.

It must also be borne in mind that every sale of an apartment has very tangible effects.Tax consequencesFor both the seller and the buyer, the seller will have to pay a tax (13% NPFL) on the proceeds of the transaction.

In some cases, however, the seller has the right to reduce this tax by applying different types of tax deductions.

More detailed information on taxes and tax deductions in housing transactions (with examples of calculations) can be found in a separate article of the Glossary on this reference.

The professional support of a lawyer for the purchase of housing is not excessive.Real estate legal advice and transaction support, look for here..

• "REELTOR SECRETS":
• The organization and conduct of the sale of an apartment can be seen from the interactive map of the INSTRUCTION in the pop-up window.

A step-by-step instruction for buying a mortgage in the secondary market

• In order to borrow a mortgage, you must have a desire, a decent income and a good credit history.
• But the most important thing is to calculate your strength, because the repayment of credit can last up to 15-30 years, and the borrower must still have a constant level of earnings that covers credit payments.
• This article elaborates on how a secondary dwelling is purchased by means of a mortgage.

To solve your problem, you will receive free legal advice: +7 (499) 504-88-91 Moscow

Benefits and disadvantages of such acquisition of housing

Buying mortgage housing has many advantages:

1. You become the owner without the full cost of the apartment, which allows many families to resolve the housing issue right now without waiting for the necessary amount to be accumulated.
2. Even if there are problems with the payment of a loan, you can rent and rent or resell with the bank ' s consent. When you get real estate on the secondary market, you can move into an apartment and not wait two or three years, as in the case of a "primary girl".

The mortgage's deficit is basically one thing: a huge overpayment to the bank.

The mortgage borrower overpayments an average of 35 to 300 per cent of the real estate value over 5 to 30 years of credit, excluding insurance costs, commissions and additional payments.

Note that the market situation may change over the period of credit and the cost of the dwelling purchased may be significantly reduced, in which case, if it has to sell real estate, it may not pay the borrower ' s costs.

The longer the mortgage period, the more the borrower overpays; when a five-year loan is issued, the overpayment may be 35 per cent, but if it is extended by 25 years, the overpayment will already exceed 240 per cent.

Why can't the bank say no?

When a loan is granted, the bank first of all evaluates the borrower ' s ability to pay; the family ' s income must cover more than the amount of the loan payment, which is at least 1.5 to 2 times the amount of the loan.

The main requirements for the borrower are as follows:

• Age 21;
• Registration in the Russian Federation;
• Formal employment;
• At least 1 to 5 years ' service.

The applicant must have an official job, a registration in the Russian Federation, and a good credit history.The bank may refuse the applicant if it is found that his income is too low and that he cannot provide additional collateral or bonds.

Bank clerks may also be unable to arrange an apartment chosen for purchase if, after verification, they find that they have problems with the documents, they are the subject of a dispute in court, they are under arrest, and they are likely to refuse to finance the purchase.

See a video of why a bank might refuse a mortgage:

Where to begin the acquisition of secondary market property?

The procedure for buying an apartment starts with finding the right option, and most often there is a contract with a realtor.

At the same time, you have to apply to the bank to get prior approval for the loan for the necessary amount. If you don't do it immediately, you can waste your time looking for an apartment.

At the stage of negotiating a loan, it is necessary to determine:

1. With an initial contribution that you can make;
2. with credit duration (taking into account the amount of payments, overpayments, etc.);
3. with the cost of the contract, the mortgage, the insurance;
4. With a loan payment scheme that is convenient to you;
5. with the expected and real amount of the total overpayment.

Once the bank has approved your application, it will start viewing, bidding with the seller, which ends with the signing of a preliminary sales contract and the transfer of a deposit of between 5 and 10 per cent of the value of the apartment. This amount will have to be paid out of its own money.

It was very important to know before the preliminary contract was drafted whether the seller agreed to the mortgage.As a general rule, few refuse because it is an additional guarantee of security of the transaction; if all the terms are agreed, it is only necessary to obtain credit and conclude the underlying contract of sale correctly.

Banks do not agree to a loan to all borrowers; a lion's share of applicants is denied because their level of capacity to pay simply prevents them from paying the expensive mortgage.

Step instruction

It takes two to three weeks to buy a mortgage; if a dwelling has already been found and the bank ' s prior approval has been obtained, the processing process itself is a matter of time.

Before signing the contract, you should already have a clear idea of what credit payments are due for the month following the signing of the contract.

You can use the credit calculator on the bank's website for counting.Or ask the manager to print out an indicative payment schedule with specific amounts.

The next step will be to consider how the purchase takes place, what the course of action should be for the borrower.

Selection of a creditor bank

Mortgage loans in the Russian Federation are granted by many banks:

• Sberbank of the Russian Federation.
• WTB24.
• Tinkoff bank.
• Alpha bank.

When choosing a bank, it is necessary to focus on the interest rate on the loan, the credit period, the amount of the initial contribution and the availability of additional payments, and the credit institution ' s reputation is also important.

Basic conditions of mortgages:

1. 9.5-13 per cent annual rate;
2. An initial contribution of at least 10-15 per cent;
3. The crediting period is up to 15-30 years.

1. Note that a number of banks provide ready-made programmes for young families or for those who buy housing using maternal capital.
2. Before signing the contract, it is worth carefully examining the terms of all creditors, their hidden payments in the form of commissions and unnecessary insurance of the bank ' s partner companies.
3. To watch a video of how to pick the right bank to get a mortgage:

Real property valuation

It's very important for the bank to have an act of assessment of the dwelling by a professional appraiser.The amount of the loan, which is issued by most banks, must be between 80 and 90 per cent of the market value of the dwelling, so that the amount to be reported depends on the amount of the loan.

The price of the dwelling is influenced by:

• The area and its prestige;
• Space and number of rooms;
• Age at home and state of repair;
• Closeness of the subway, shops, social infrastructure;
• View of the window, proximity of the green zone and other factors.

Real property valuation costs range from 6,000 to 40,000 rublesThe assessment shall be in the form of a report or an assessment album with photographs of the apartment and the conclusions of the evaluator.

The valuation takes into account a variety of factors, including the situation in the real estate market, possible rents in the event of delivery and forecasts of price increases or increases.

Collection and provision of documents

The list of documents for potential borrowers is small, primarily a loan application that is filled in by a bank office or sent online.

The package also includes:

1. Job certificate showing earnings over the past six months and years;
2. A copy of the employment record;
3. Confirmation of additional income (if any);
4. The report of the evaluator on the market value of the dwelling;
5. Copies of eligibility documents for selected housing;
6. An extended extract from the REM;
7. The plan of the BTI apartment with an expanse;
8. Copies of the borrowers ' and seller ' s passports.

If necessary, notarized consent of the seller ' s spouse to the conclusion of the sales contract is also sought.All documents are examined by the bank within about three to seven days.This is followed by a decision to issue a loan, and it has been shown that creditors can also apply for a military ticket, a child marriage and birth certificate, and a loan certificate.

You can take the initiative to provide the bank with copies of deposit opening contracts, an extract from the EGRN confirming ownership of other properties and other documents confirming your stable income and availability of assets.

To see a video of the documents that need to be collected in order to put the mortgage on the secondary market:

Conclusion of a loan contract

The bank-creditor is responsible for drafting the agreement and, as a rule, no corrections can be made in the text; the lender will be offered a ready copy of the contract, which will have to be read and signed.

In a loan agreement, it's important to check:

• The exact address of the dwelling, the square, the number of rooms;
• All the details of the parties;
• What responsibilities the borrower has in addition to repayment of the loan;
• Conditions for credit rate increases;
• If the loan is not paid on time (punishment penalties, etc.), this will be the case in the event that the loan is not paid on time.

Only if you specify all the terms of the loan can you sign the contract, if something is not convenient for the mortgage to be processed elsewhere, pay attention to the amount of penalties for delay, the prohibition of early payment, the possibility of referring the case to collectors in the event of non-payment and other nuances of the contract.

At the same time as the loan contract is processed, the mortgage is transferred to the bank's bond until the credit is paid in full, and all these years will be subject to a charge and cannot be sold without the creditor's consent.All three contracts: credit, collateral and sale are signed in one dayso there wouldn't be a time gap.

Formation of the sales contract

Main points of the sales contract:

1. The parties ' data;
2. A description of the apartment and documents that confirm the seller ' s ownership;
3. The price of the transaction;
4. Rights and obligations of the parties;
5. Procedure of calculation (with reference to the loan contract);
6. buyer ' s and seller ' s liability.

The purchase order is in simple writing, but may be notarized.In the case of a notary, he would have to pay extra for his services.

To watch a video of how a contract for the sale of an apartment is properly drafted:

Registration of transaction with seller, receipt and transfer of money

1. The contract is registered at Rosreestre, which will require the payment of 2,000 roubles to the Government and the filling out of the application form.
2. After registration, you can apply for an extract from the EGRN, which will confirm your ownership.

The loan can be transferred from the account to the account or transferred from hand to hand, through a bank cell or a letter of credit; the money can be transferred in two copies.

To watch a video of how to make the right calculation when buying a second-market apartment:

Conclusion

The mortgage is one of the most important steps in the process of buying an apartment.In order for things to go smoothly, you have to apply for credit as well as confirm your income.

An initial mortgage contribution of at least 10-30 per cent of housing costs is also required.

Only after a review of all the documents, including the apartment to be purchased, would the bank issue a loan and the contract of sale could be signed.

If you have found a mistake, please select a piece of the text and click Ctrl+Enter.

To solve your problem, you will receive free legal advice: +7 (499) 504-88-91 Moscow

Method of buying an apartment on the secondary market: step-by-step instruction

• Any questions?Consult with a lawyer (free of charge, 24 hours a day, no weekend):
• 8 (800) 350-13-94 - Federal No.
• 8 (499) 938-42-45 – Moscow and Moscow Cloud.

8 (812) 425-64-57 - St. Petersburg and Len.

There are a number of advantages to buying housing on the secondary market, mainly: the cost of this option will be lower than the cost of purchasing housing in the new house, and it is possible to settle immediately, and the infrastructure of the area will be more advanced than the blocks of new structures.

There's another plus: secondary housing can be found in all parts of the city, but there are no new buildings everywhere, but the acquisition of housing in the secondary market has some risks.

This article will describe the main aspects that need to be taken into account before a transaction is made and describe the procedure for buying an apartment in the secondary market.

Choosing the appropriate purchase option

In planning for the purchase of housing, it is necessary to take into account first of all the financial possibilities: the main criterion for the choice will be the amount available to the buyer or the bank ' s approval of the mortgage; then it is worth looking for a suitable option; at the initial stage, the procedure for buying an apartment on the secondary market is as follows:

1. It is necessary to define the area of residence: study of the main transport links and infrastructure; attention should be paid to the availability of shops, medical and educational facilities in the vicinity.
2. Next, we need to look for advertisements to sell housing in the area, and we need to determine the size, number of rooms, floor, floor, logs and balconies we want.
3. There is a long process of calling the owners (or intermediaries) from the sales announcements, and questions about housing should be considered in advance, and the answers should be written in a notebook so that it may be easier to follow the right path.

Once there are a few announcements that will satisfy the requests, you should arrange with the owners for a personal visit.

Viewing suitable apartments

After a long election, a very difficult phase follows: a review of the appropriate options.

It's not good for a salesman to reveal the truth about his apartment, so it's worth paying attention to even the smallest shortcomings.

The following recommendations should be taken into account in order not to spend too much time on the examination, but to maximize its benefits:

1. You don't have to go alone for an examination, it's better to bring some relatives or friends with you, especially if you already have this kind of experience in buying a place, and it's hard for one person to objectively evaluate the space offered, so it's easy to lose sight of something.
2. It's better to look at the apartment in the brightest hours of the day, and if it's very difficult to do it in winter, the sun goes down during the working day, and the rest of the year, it's a lot bigger, so it's probably the least sold in the winter, but you can get maximum discounts on it.
3. At the end of the inspection, attention should be paid to the entrance itself, as well as to contact the neighbours, and they can report on the underwater stones of the house in question.
4. We'll have to look around the yard, see if it has playgrounds, benches, clubs, and dumpsters.
5. After all, it's worth looking at shops, kindergartens, schools, clinics, it's pretty easy to do that by looking at a map of the area online or by using a navigator on the phone.
6. Even if the option is acceptable in all respects, you shouldn't rush into a deal with the owner. First, you can try to sell the value. Second, it's important to look closely at the real estate documents in order to protect yourself from fraud.

Note: The best time to buy a dwelling is spring and autumn, but in summer and winter you can get a maximum discount.

How best to bargain

It's worth trying to sell a portion of the money, even if it doesn't have the right amount.

1. There is no need to negotiate at the initial stage of the call, nor should it be avoided during the first residential inspection.
2. When discussing the price, you should not behave arrogantly or nervously — you should put the seller in your place and say that you are serious about buying real estate.
3. To tell you what attracted this option, but to pay attention to the shortcomings.
4. Asking for an amount below what can actually be paid would make it easier to reach a compromise.
5. Timely cash payment would be an advantage, so you should let the seller know.

What kind of package you need to sell your apartment?

So there's a chance of saving a little bit, but it should be taken into account that there's a possible risk that the other buyer will not negotiate and the seller will give it a preference.

Checking the dwelling documents

This is the most important stage in buying an apartment on the secondary market, and many people are afraid of possible risks, so they prefer to buy housing in new homes or use realtors.

1. See if the seller is in fact the owner; this requires checking his passport and title documents.
2. Checking the real estate to match the documented plan, which will require a transport passport and a cadastral passport.
3. Make sure the owner doesn't have a psychoneurological record or a police record, and you can do it with the help of a lawyer or a realtor.
4. Check whether the dwelling is open, especially for minors or disabled citizens, for an extended copy of the home book.
5. If the dwelling is owned in equity, the other owners should be asked to waive the priority right of purchase.
6. See if there's an arrest or bail on the property.

The actions described above in buying a second-market apartment will help to protect themselves from possible risks in the future. At this stage, the buyer may engage a lawyer if he is afraid to miss something important during document checks.

Submission of a deposit

Once the final value of the real estate has been negotiated and the documents have been verified, it is possible to negotiate a deposit with the seller, which will guarantee that the buyer intends to purchase an apartment; the amount of the advance is not fixed but is determined by the contract of the parties.

The deposit should be issued with three documents:

1. Preliminary sales contract.
2. A deposit agreement.
3. Money receipt.

The contract specifies the exact time-frame within which the seller must prepare the documents for the sale; it also specifies all the details of the future transaction: the value, the amount of the advance, the bank conducting the calculations, the withdrawal of the names of the persons registered and the duration of the transfer of the real estate.

What is a SNT and a NPD site and how they differ

Purchases and payments

The final stage of the purchase of housing is the processing of the purchase of the dwelling on the secondary market.

1. Cash or non-fiscal calculation.
2. Through the bank box.
3. With a letter of credit.

Recommendation: Transactions made through the services of banks are the safest, as there is evidence of the movement of funds between the buyer and seller ' s accounts.

The following documents should be provided for this purpose:

1. Passport.
2. Sales contract.
3. It's a bill of payment for the mistress.
4. The technical and cadastral passport of the dwelling.

As a rule, the transfer of property to the property of the new owner does not exceed 90 calendar days.

Real estate deals are considered to be the most complex and risky, and some problems can be avoided by buying an apartment in a new house that didn't own it, but many people are attracted to buying a secondary apartment.

The step - by - step instruction given in this article will help to cope with this difficult task and avoid possible risks.

In any case, it is necessary to be prepared that the process of buying real estate is long and complex and takes a lot of time and effort.

How to buy and sell an apartment on the secondary market?

The purchase of housing may take place in new buildings and in the secondary housing market, where flats are placed immediately after the owners have settled in them, and in the form of real estate ownership.

There are market laws here and there are specific situations that need to be known, and we'll talk about the whole purchase procedure in order of order in the article.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-47-82. It's quick and free!

Show Content

A step-by-step instruction for the purchase of a second-market dwelling

How can you buy a secondary dwelling? The algorithm for buying property on the secondary market is quite simple. In all cases, it is a standard order of consistent action, which is unique to the nuances of the purchase. It should be borne in mind, however, that the secondary dwelling may vary considerably in terms of convenience, convenience and appearance.The first thing to do is to decide on the following issues::

1. Which area the buyer wants to live in.
2. What an area he needs.
3. What are the price restrictions?
4. What kind of layout is preferable.

These characteristics need to be worked out carefully enough to narrow down the number of proposals under consideration, which are always very large in the secondary market.Once the purchase project is in place, we should start looking for the right object..

Searches can be carried out:

• On special websites;
• In the local media;
• In a real estate company;
• By giving the ad to yourself.

By comparing the objects on sale, you can see the price range of the apartment that you can buy. The offers that seem more attractive can be considered.

In the first place, the following essential factors need to be taken into account in the examination of the dwelling before it is purchased:

• In what condition is the house in which the dwelling is located?
• When major repairs have been made in the house;
• If the apartment on the first floor is to look into the basement and pay attention to the smell of damp and damp.
• If the apartment on the upper floor is to pay attention to the presence of blankets on the roof and walls;
• The functionality of engineering communications;
• Quality of plumbers;
• The absence of cracks on the ceiling and carrying walls;
• Illumination of rooms;
• The height of the ceilings, the layout of the room.

Attention must be paid to the existence of a floor plan with an exposition.If its layout is not in line with the technical plan, the dwelling cannot be taken, because together with the premises, the buyer will acquire problems for having illegal alterations that impose administrative liability under article 7.1 of the Code of Criminal Procedure of the Russian Federation.

From the video below, you can learn more about how to search the apartment before buying:

What documents do you require from the seller?

The seller must collect the documentation package for the transactionwhich includes the following papers:

1. Civil passport with propiskaFor a representative, a general or special power of attorney, certified notarized, a passport must be in place, a power of attorney must be obtained in a notary office.
2. Right-making document for an apartmenton the basis of which the seller had a right of ownership: the contract of the property transaction, a certificate of inheritance or privatization, to be obtained upon the assumption of the right of ownership of the apartment.
3. Exit from EGRN or certificate of ownership if the apartment was purchased before June 2016You can get it from Rostreister or IFC.
4. Technical documentation for the apartmentIt's in B.T.I.
5. Cadastral passport of the dwellingShould be available or obtained as an extract from the EGRN on the purchase of real estate.
6. Certificate of non-encumbrance or seizureIt's at the IFC.
7. Permit from the spouse if the property is acquired jointlyB. Formed and certified by a notary office.
8. A copy of the PC ' s personal account on the payment of rentIt's in the books of the management company.
9. Exit from the apartment bookThat's what the passport officer's got.

This documentation package is mandatory.

For the record,If the dwelling was obtained by the owner as a gift or by inheritance, the spouse ' s authorization would not be required.

In order to avoid the seller ' s fraud and bad faith during the purchase process, the buyer should conduct a more thorough examination of the following documents:

• A legal and certification document;
• Inventory certificate of absence of charges;
• an extract from the apartment book.

Law-making and documentary documents must necessarily be presented in original documents.If the seller only shows copies, or one of the documents is a duplicate, this should be a warning: the certificate should not exceed 14 days, the late document will need to be replaced.

An extract from an apartment book must be taken from an extended one so that the entire history of the apartment can be seen, and it was possible to identify long-standing citizens who had not been discharged before the sale of the dwelling.

If any irregularities or irregularities are found in the documentation package, the owner ' s name, the address of the apartment and its cadastral number must be recorded.

One of these parameters can be used to apply for Rosreestra's website and to identify a match.

If the owner ' s identity is not consistent with the information provided, the seller may not be a good-faith person, and the information must be given to the police station.

Next, you can see a video of the documents you need to check when buying a secondary apartment:

List of documents of the acquirer

The buyer ' s documentation package is relatively small.The maximum set of papers may consist of the following::

• Civil passport;
• If a representative is acting, a notary power of attorney;
• The mortgage is a loan contract;
• In addition, a maternal capital certificate or housing certificates may be used.

If legal representatives were in place for the benefit of minor children, they would require passports and birth certificates.

How, then, is the purchase of a second-market dwelling processed?

The sale of housing is governed by articles 549-558 of the Code of Criminal Procedure, articles 131, 551 (P.1), 558 (para.

(2) Federal Act No. 218-FZ on Registration of Real Estate Rights establishes the obligation to register a transaction, and once the parties have seen the OST and signed it, registration may begin.

If the parties have filed a joint application with the IFC, the registration period is reduced to 10 days, and with a notary certification of the OST to three days, the registration of the seller's documents for the apartment is accompanied by three copies of the contracts. If the contract is not certified by a notary, a duty of 2,000 roubles must be paid.

Actions after purchase of a secondary

The purchased apartment is transferred to the buyer ' s property upon completion of the transactionThe buyer obtains from the IFC documents on ownership of the premises:

1. OST with registration markThe treaty will play the role of a legal instrument.
2. EGRN statement on ownership of the apartmentIt will be considered a legal document.

If you have received this documentation, you should contact a passport officer at the company ' s disposal for the registration of all members of the owner ' s family and other persons, at his discretion.

• To draw up a service contract for the PC;
• To open a face-to-face account to pay for the LKH.

Telephone and Internet services are provided separately and will require an application and a contract with the companies concerned.

Sometimes the apartment is purchased by the company for the use of the employees and then sold. In general, the transaction with a legal person takes place using a similar algorithm, but it includes the rules adopted for transactions with legal persons.A package of constituent documents must be provided by the seller.

The main difference between dealing with a jurist, which leads to other nuances, is negotiating a deal with the founder.

In the preparation of the document, the subject matter of the agreement by the seller refers to the company, followed by the words "in person", followed by the data of the director or representative, and concluded by the signatures of the parties and the stamp of the company.

Paper changes

The reconciliation procedure shall be formalized,agreed documents are attached to the documentation package for the apartmentThese include:

• The consent of the co-sponsors in the form of a protocol;
• A document confirming the Director ' s authority to deal;
• Director ' s passport;
• If the transaction is handled by an authorized representative rather than by the director, he shall present a notary power of attorney and his passport.

The rest of the documentation is the same as when buying from a natural person.

Emerging issues and ways to overcome them

The biggest danger is getting into development with a group of crooks.The grey diagrams shall be operated by:

• Through non-existent companies and front directors;
• Through groups of fraudsters;
• through other unfair citizens.

The most common occurrence is:

1. The receipt of RAP money in its entirety, followed by the disappearance of the perpetrators.
2. The receipt of RAP money for one apartment and several buyers in the event of the disappearance of fraudsters prior to the conclusion of the contract.
3. The OST's conclusion on forged documents or on non-criminal housing, disappearing on the way to the IFC.
4. Replacement of real property in contract formation by adding a different address to the OST.

After the fraud, it's impossible to find the fraudsters, and the deal is found to be negligible, and it's almost impossible to get the money back.

In order to avoid this, it is necessary to monitor the progress of the purchase at every stage, and it is advisable to seek its escort.In case of suspicion of fraud, they should be reported to the police station.

In addition, risks may occur in the following circumstances:

• Refusal to leave a sold apartment;
• Refusal of the homeowner ' s discharge;
• A transaction with a minor or an incompetent person;
• The last person to be registered who has been out of the apartment for a long time.

Ex-residents can be discharged through courtIf these violations are discovered, the contract must be terminated immediately and the money returned.

You can find more information about the risks involved in buying a secondary, as well as how to avoid them, in our special material.

How can you buy as well as you can?

The following advice is available to the seller to make the best possible transaction in the short term:

1. Before selling the apartment, clean it up to make it look neat, but not efficacious.
2. You have to wash the windows and spread the porters so that there's a lot of light in the rooms.
3. Get rid of the smells that might be in the apartment.
4. Don't invest in expensive repairs because buyers prefer to make their own housing arrangements.
5. When looking at an apartment, draw the buyer's attention to all the benefits of the apartment, including location, infrastructure, or landscape.
6. Don't underestimate the cost of the apartment, but let me know if there's a deal.
7. Underage children are temporarily released to their relatives in order to avoid doubting the buyers.
8. If, after the agreement of the parties, an appropriate period of time is envisaged before the transaction itself, the RAP will be drawn up.

It makes sense for the buyer to take other advice into account, including:

1. Select facilities that are ready for sale and provided with a package of documentation.
2. Check all the seller's documents, get an e-mail from Rosreestre's website about the owner of the apartment.
3. To verify the absence of rent arrears, if there are debts, to demand that they be paid or to significantly reduce the cost.
4. Carry out preliminary monitoring of the cost of apartments of this quality, to ensure that the price is not overstated.
5. Avoiding excessive reductions in the cost of housing – such an apartment may prove problematic.
6. Check the presence of prescribed tenants, including those from previous owners, to request the discharge of minor children prior to the start of the transaction.

As far as attracting a real estate agent is concerned, sometimes the deal with him becomes more profitable than saving on his services.

However, when it comes to standard housing, which is always available in the real estate market, it can be avoided, and real estate companies usually charge a service between 5 and 10 per cent of the cost of housing.

If the parties manage the contract on their own, the services of a lawyer can also save between 5,000 and 10,000 roubles.

Secondary housing is located in homes of different years of service. The older the building is, the higher the percentage of problems related to its operation and title. A transaction can be accompanied by a real estate agent, or it can be carried out on its own, in which case substantial savings can be achieved. At each stage, the procedure must be monitored to avoid risks.

If you have found a mistake, please select a piece of the text and click Ctrl+Enter.

You didn't find the answer to your question?How to solve your problem, call me right now:

+7 (499) 938-47-82 (Moscow)

It's quick and free!