Contract for the sale of shares in an apartment by two sellers of one or two buyers (model) 2023

Main / Housing disputes / Contract for the sale of shares in an apartment by two sellers, sale of the apartment by shares of several buyers

Previews 125

The total share of property may include two, three, five or more owners. They are allowed to sell an apartment or shares as part of a normal sale. How do they do it: at the same time, twice or separately, will have to be decided on a case-by-case basis. The law does not limit the number of participants in the sale. The important thing is that there are more than two, the seller and the buyer.

A lot of people choose to sell a flat in one piece with a single buyer. It happens that there are two or three applicants for an apartment. How do you get a sales contract, what to pay attention to? Our lawyers have gathered all the details for you to get to know them.

Can two vendors or two buyers sell the flat in shares?

The advantage of owning the shares is the owner's independence. If he wants to sell it to third parties, it's unlikely that anyone will stop him. There's no difference, even if both co-owners want it right away. They can sell their shares in the same deal, but with a number of nuances.

Features of a sales contract with two sellers/buyers:

  1. Simultaneous signing of the OST in the presence of a notary and two applicants for the apartment.
  2. The name of the participants, e.g. seller 1 and seller 2 or buyer 1 and buyer 2.
  3. The subject matter of the contract depends on the nature of the transaction:
  • If the dwelling is sold according to its share, the whole dwelling shall be sold.
  • If not the whole apartment, separate shares of the seller.
  1. Separate transaction registration.
  2. Payments to vendors are also separate – according to the share acquired (prices may differ).

Let's see what this looks like in practice:

Example:

A brother and sister inherited an apartment from their parents. The proportion was equal to 1/2 per owner. Soon it became necessary to sell a dwelling. In order not to complicate the process and not to sell the price, the relatives agreed to make a single deal with the buyers.

They filed an ad and found a couple – the newlyweds were willing to buy both shares and make a joint property. Four of the participants visited the notary to discuss the terms of the deal, in particular, whether a four-way contract for the sale of the flat by shares could be concluded? The notary assured that the deal was possible.

It was not necessary to send a notice of sale to each other, but it was enough for the equity owners to sign the contract. They immediately set a date for the contract. A few days later, a brother and sister, on the seller's side and two newlyweds, on the buyer's side, entered into a DKP share of the apartment.

According to the agreement, a statement was made that the apartment would become the joint property of the husband and wife, and after registration with the EGRN, the brother and sister received the money.

How to draw up a contract for the sale of rents in an apartment if two sellers

Not as important as the number of sellers and buyers – the contract is governed by the general rules of article 454 of the Russian Civil Code.

It is important to pay attention to each vendor ' s interests: to prescribe the price, the means of calculation, the release of the dwelling, registration and other conditions.

Form

According to generally accepted rules, any contract of sale shall be drawn up inin writingIn addition, agreements on the exclusion of common law shares are subject to a notary ' s check, and changes are under way.

As of 31 July 2023, the sale of a flat by all co-owners of a single transaction will not require the participation of a notary, and the parties may conclude a contract in simple writing along the lines of a model.

It is then necessary to submit it to the IFC for registration to Doi Documents or to the Rosreestra FCN, which will be sufficient; the registrars will not be able to refuse the registration by referring to the lack of signature and printing of the official.

The sales contract is drawn up on sheet A4 either by computer or by hand. The latter option is very rarely used. The lack of readability of the text or error in writing a number of conditions. Notaries prefer to fill out the form on the computer and then print the samples on the printer.

Contents

The draft sales contract has a standard form. There is no standardized template. Usually the content includes important terms of the transaction. In the case of two sellers, it is necessary to reflect how they will interact with the buyer(s).

What needs to be reflected in the content:

  • Place and date of compilation;
  • FIO, date of birth, passport data, address and registration of parties;
  • The status of the parties to the transaction in the format "hereinafter referred to as sellers and buyers";
  • The legal, technical and cadastral characteristics of the facility are the address, the area, the size of the shares, and so on.
  • The basis for the creation of the right of ownership – which is confirmed when it comes to action;
  • The size and description of the excluded shares are for all the sellers;
  • The price is specific to the shares, separately for each;
  • The methods of calculation are as, in what currency, at what time, after which event (e.g., at the end of registration in Rosreister);
  • The absence of negative points - arrest, bail, etc.
  • Rights and obligations of the parties;
  • Dispute resolution options such as the "claim phase" or judicial process;
  • Information on registration of ownership;
  • The paragraph that both parties are in a position of responsibility gives the transaction report and the notary read out to them the terms;
  • Number of copies;
  • Personal signatures;
  • a place for notarization of the contract.

The shareholders act as the "Seller." Each of them receives a copy of the DCR's share of the apartment. All buyers receive an agreement on a special form with a water sign, an official legal document. They also need two more copies, a notary and a registration authority (Rosreestra FCC).

Model contract for the sale of shares in an apartment by two sellers...............................................................................................................

 

Model contract for the sale of shares in an apartment - two sellers - one buyer

 

How to sell a flat by shares to several buyers

The classic option is to sell housing to two buyers. Two owners may also be on the seller ' s side. Before making a deal, it is necessary to decide exactly how property will be disposed of. Consider features and order.

Where do I start?

The first point that needs to be dealt with is the prevailing right of ransom, the first to be claimed by current associates (art. 250 of the Russian Civil Code). If they are not interested in the ransom or they do not respond to the seller's offer, the share can be presented for general sale.

Special features in the sale of flats by share:

  • If the sellers make two different deals with the buyers, they will have to send a notice to the co-eds;
  • If it happensAt the same time, the share of the dwelling is sold at the same time.No notice required;
  • If one percentage is excluded, notification is mandatory.

The preferred option is to sell the dwelling in full, so you don't have to waste time notifying other owners.

Step instruction

The sale process will include the following:Steps:

  1. To determine the subject of the sale is an apartment in whole or in separate shares under two contracts between different people.
  2. Study the housing market, set the price.
  3. I'm gonna put in an ad and find some buyers who're willing to buy a flat in shares.
  4. Discuss the terms of the transactions, the need to notify the other partners, for example, when two OSTs are issued with two buyers.
  5. To enter into a preliminary contract of sale (as well as a deposit agreement).
  6. Collect documentation (which is to be specified by the notary).
  7. Visit a notary, pay the government's fee, arrange a DVC of flats according to shares + transmission certificate.
  8. The notary will give the registration papers to Rosreister.
  9. It remains to receive the EGRN withdrawals and certified contracts.
  10. To receive payment for the apartment sold (in shares).
  11. Compute the tax and file the 3-NDFL declaration.

Note that in the case of a common deal, the presence of all participants — sellers and both buyers — is required.

Another point is, if someone doesn't have the opportunity to visit a notary, there's a power of attorney, she'll be assured in advance, on behalf of the seller or buyer, of a trusted person, and a copy of the passport plus the trust with the notary's seal will be required from the representative.

Documents required

A precise list of documents can be obtained from the notary designer.Standard set:.....................................................

  • The passports of all parties to the transaction;
  • From sellers - legal documents of ownership of shares, cadastral statements (passports), techplans, archival statements from the apartment card and certificates of non-debt to the CC or the TCA;
  • An act of reception and transfer is issued after inspection of the premises in the presence of buyers and owners;
  • Other documents.
Read also:  How to evict a relative from an apartment if he's written in it - how to evict a mother-in-law, a father-in-law, a son, a sister, a brother from his apartment

The notary represents the buyer's and seller's interests – its task is to verify the legal integrity of the transaction, the validity of the certificates, the ability of the parties and the lack of profit motive. Read more about its role and functions in the article "Is a notary necessary when selling an apartment in equity?"

How much to pay: State duty, taxes

Interesting situation with transaction costs.

It is cheaper and more profitable to sell shares of an apartment as part of a single transaction with buyers. If a buyer makes two different deals with sellers, it has to pay for each procedure separately.

State Secretary at the notary's.That's what I'm talking about.0.5 per cent of contract value, but between 300 rubles and a maximum of 20,000 rubles (according to art. 333.24, para.

The legal and technical work of the notary is to be paid separately.UPTH) – Services cost approximately3,500-5,000 rublesThe tariffs change every year, each region sets its prices in accordance with the policy of the notary chamber.

Reporting on the transfer of ownership to the EGRN is worth2,000 rubles per personBut as the notary submits an electronic application through the State Services, Rosreister provides 30 per cent discount –Amount to be paid 1,400 roubles.

Once the money is received, the sellers are required to report to the Tax; civil exchange transactions are taxed at 13% of the amount of the contract; plus there is a possibility that the contribution will be reduced or not paid at all.

Who and when is released from NPFL:

  • legal owner who owned shares in the apartmentover 5 yearsFrom the moment it was received on previous grounds (art. 217.1, para. 4).
  • The object was ownedover 3 yearsprovided that the share was issued as a result of privatization, rent, inheritance or donation (art. 217.1, para. 3, of the CNC of the Russian Federation).

Bonus for the seller is a tax deduction of 1,000,000 rubles. To use it, you have to look at the nature of the transaction. If both owners sell their shares under two different contracts, the deduction is for each of them. If the transaction is total, the benefit of 1 million rubles is divided by two according to the size of the shares.

Further details are given in the article "A tax on the sale of shares in the apartment".

Legal practice: example

The situation with a few vendors is not the easiest one, so you have to take into account the opinion and the other side. If you don't agree, you'll have to sell your share of the apartment separately.

Is it better to sell one contract or more?

Example:

Sergei and Marina divided the joint apartment into equal shares, and the issue of real estate was raised. The ex-wives did not communicate, so they entrusted the search for the real estate buyer. Two people who wanted to buy the apartment, a mother and daughter. The buyers applied for the mortgage and waited for the seller's decision.

After discussing the details of the transaction with Sergei and Marina, the "depositors" went to the notary and drafted a draft provisional contract for the sale, taking into account the loan funds, and the notary sent the sample to the bank for negotiation, and the terms of the transaction were arranged by the creditor, and the bank's lawyers responded positively to the borrowers.

The contract was rewritten with the notary and negotiated with the bank; Sergei sold 1.2 shares for 1,500,000 roubles, the same amount as Marina ' s share; the bank transferred 1.5 million to the first seller ' s account and 1.5 million to the second account after the Rosreestrester deal was processed; the loaners, on the face of their mothers and daughters, became the new equity owners of the apartment.

The "mortgage" as a certificate of encumbrance was also entered into the EGRN.

Buyers will be able to use a tax deduction for mortgage housing, 13% * 3 million / 2 = 195,000 rubles per unit.

The sellers will be able to receive a 1 million rubles deduction per person by the formula: (1,500,000 - 500,000) * 13% = 130,000 rubles.

The choice depends on the relationship of sellers, their purposes to the property deduction, as well as the profit from the sale. Two sellers can realize their shares in favour of one buyer, two buyers can buy parts of the apartment from two sellers, etc.

The main complexity of such deals is a clash of interests between co-workers, a multilateral sale that easily confuses an unprepared person.

You need to take into account the rights of the co-owners, calculate the purchase price, send out the notices, find the buyers, deal with the mortgage and the receipts, and if you're confused about legal matters, contact our lawyers.

The experts will help us to understand the subtleties, find a viable option, and take into account all the nuances of a difficult deal.

How do you make a contract when you buy an apartment when you buy more than two people?

As is well known, the number of owners of one property is not limited by law; this may be one person or more.

What kind of property can be

Property, depending on the number of owners, may be divided into property when the owner of one, the common share property, when the owners of several and their shares are specified precisely.

For example, 1/2, 3/45 or any other right fraction. Ideally, the sum of all shares should be equal to one, but sometimes it doesn't reach one.

It happens when one of the associates simply doesn't register his rights.

The so-called joint property is also possible: it is shared by spouses or, for example, by peasant farmers; in this case, shares are not determined and it is assumed that everyone owns real estate together.

Features of a contract with many buyers

In general terms, the number of buyers does not significantly affect the structure of the sales contract, nor does it list all the parties to the transaction with a mandatory indication of their share in the law. If the shares are equal, there should be no particular difficulties. For example, 5 persons are bought. The contract specifies "equal shares of 1/5".

Not often, but there are situations where the shares are not equal. In this case, you have to be friends with arithmetic. An error in calculating shares sometimes results in 1.5 apartments or 0.95 apartments being purchased.

Another important point in the drafting of a sales contract: the settlement procedure between the parties: At the request of the buyers, only one total amount can be indicated. "We, Ivanov, Stepanov and Szečnikov bought an apartment for 350,000 roubles."

But for a variety of reasons, when the full price of the dwelling is given, the contract can clearly specify who is paying and how much it is, and there will be a slightly different wording: "We, Ivanov, Stepanov, and Swimming have bought an apartment for 350,000 rubles.

At the same time, Ivanov pays 2,000 rubles, Stepanov pays 10,000 rubles, and Svejnikov pays 500,000 rubs."

The amount paid by everyone can be both directly proportional to the resulting share and entirely independent, depending on the wishes of the buyers, but the determination of the share and the method of calculation should be very careful. In the event of disputes or conflicts, a treaty signed and registered by the State will play a very important role.

How joint property arises

It can be so-called, original: a prime example of a communal apartment where everyone has their share of the right, or when they're privatized into a few people. Secondary ownership arises if one object is bought by more than one person; the simplest case is that of two buyers, but it's known that there are many more of them.

On the one hand, many buyers are high contract-making costs.

Most notaries and firms that accompany real estate transactions in determining the value of a contract are influenced by the 1+1 formula.

That is, the starting price of the contract will be in the case of one seller, one buyer; each additional person on either side makes the contract more expensive; on the other hand, there are cases where a large number of buyers cannot be avoided.

Read also:  Forced purchase of a share of an apartment through a court of law: order, statement of claim, judicial practice

If you have any questions, consult a lawyer to ask your question in the form below, in the window of an online consultant on the right at the bottom of the screen, or call the numbers (round the clock and without the weekend):

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

Contract for the sale of an apartment in Moscow 2018

TREATY FOR THE SALE OF QUARTERS

City of Moscow Sixteenth July 2000

We Russian citizensThe FIO is complete,Date of birth, place of birth: ___________________________________________________, sex: ___________________________________; passport: series ___________________, issued `___' June 20__/, by the Russian Federal Office for the Sea of Moscow, by region ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

....................................................................................................................................The FIO is complete.Date of birth, place of birth:, gender: female, passport: series, number, issued,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

...........................................................................................................................PROCEEDINGSOn the one hand,

and a citizen of the Russian FederationThe FIO is complete.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,, ,, ,PURPOSE,On the other hand,

Together referred to as "Parties" in their own right mind and firm memory, acting voluntarily, without any coercion from each other and/or from third parties, without error as to this Treaty, understanding the substance, meaning and legal consequences of the transaction in question (purchase and sale of an apartment) entered into this Treaty in simple writing as follows:

               1.PROCEEDINGSSold, butPURPOSEbought an apartment that is located at:City of Moscow, _________________ House 4 (four) apartment 71 (seventy-one)The apartment is located on the 12th floor and consists of:1 (One)living room, total area........................................................................................................................_______(in thousands of square metres)

2. The apartment in question is owned byPRODUCTSthe right to common joint property under the Agreement for the Sale of an apartment of ___________________, No.

as confirmed by the Certificate of State Registration of the Law issued on 25 June 2007 by the Office of the Federal Registration Service for Moscow, which was entered in the Single State Register of Real Property Rights and Transactions on 03 August 2006 with a record of registration No.

3. The flat was evaluated by the Parties and sold by agreement of the Parties for¶ (Five million three hundred fifty thousand) rubles ¶I. Pending the signing of this TreatyPROCEEDINGSreceived fromPURPOSE 40.

000 (Foot of thousands) rublesAs an advance for the apartment being sold.

BalancePURPOSEPaysPRODUCTSthrough the bank cell during1 (One)A day after the date on which the State registration of the transfer of ownership of an apartment in the Office of the Federal State Registration, Inventory and Cartography Service for Moscow ended.

The parties agreed that, in accordance with article 488 (5) of the Civil Code of the Russian Federation, the right of bail against a person's rights under article 488 of the Civil Code of the Russian FederationPROCEEDINGSThe right of ownership of the dwelling shall be retained by the seller until the buyer pays the contract price in full.

               4. PROCEEDINGSGuarantee that, at the date of the conclusion of this Treaty, the above-mentioned apartment is not occupied, promised, not laid down, in dispute, under arrest or prohibition, is not subject to rent, rent, hire or any other obligation.

5. This Treaty shall be deemed to have been fulfilled provided the Parties have fulfilled the following obligations:

- TransfersPURCHASEThe amount of money for the purchase of accommodation specified in this contractSHOULD SHOULD.The transfer of money is confirmed by salesmen ' s sales records;

- TransfersPROCEEDINGSof the above-mentioned accommodationPURPOSEA party ' s refusal to sign a transfer certificate under the terms of the Treaty shall be deemed to have refused or failed to accept the transfer of the property.

6. In accordance with art.

421, 461 of the Civil Code of the Russian Federation, the Parties agreed that if the contract was declared null and void by the court or if the contract was terminated for reasons arising out of faultPROCEEDINGSas well as the presentation of rights by third partiesPURPOSEand removal of the dwelling from thePURPOSEon those grounds which arose prior to the conclusion of the present contract,PROCEEDINGSundertake, at the request of the Secretary-General, on the request of the Secretary-General, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General of the United Nations, on the request of the Secretary-General, on the request of the Secretary-General, on the request of the United Nations, on the request of the Secretary-General, on the request of the Secretary-General.PURPOSEor acquirePURPOSEEquivalent living quarters in a similar category in the same area of Moscow City, orPURPOSEMoney for the purchase of an apartment on the basis of the value of a similar dwelling in force in the real estate market at the time of termination of this contract, as well as the reimbursement of all costs incurred for the purchase of the present apartment.PURPOSEThe Panel recommends no award of compensation in respect of the claim for loss or damage resulting from Iraq's invasion and occupation of Kuwait as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, and of its invasion and occupation of Kuwait as a result of Iraq's invasion and occupation of Kuwait as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait, as a result of Iraq's invasion and occupation of Kuwait as a result of Iraq's invasion and occupation of Kuwait.

               7.

After the State registration of the transfer of ownershipPURPOSEbecomes the owner of the above-mentioned dwelling and assumes responsibility for the payment of taxes on real estate, the cost of repairs, the maintenance of an apartment excluded under this Treaty, and also participates in a manner commensurate with the space occupied in the renovation, including capital, home and home.

8. At the time of signing this Treaty, the apartment mentioned above is registeredPROCEEDINGSand the following persons: FIO (-----------------------------------------------------)----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

PROCEEDINGSUndertake to withdraw and ensure that all persons registered at their place of residence in the above-mentioned apartment are removed from the register within three (three) days of the State registration of the transfer of ownership to the Office of the Federal State Registration, Inventory and Cartography Service for Moscow.PROCEEDINGSLoss of the right to use the dwelling from the moment of the State registration of the transfer of ownership of the dwelling.

FIOs (--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------In accordance with article 292, paragraph 2, of the Civil Code of the Russian Federation, "Rights of the family of the owner of the dwelling", the right to use the dwelling shall be lost after the State registration of the transfer of ownership under this Treaty.

Persons who retain the right to use the dwelling after it has been acquiredPURCHASEnot available

               9. PURPOSEexamined the apartment and did not find any defects or defects which were not reported to him.PROCEEDINGSIn accordance with art.

The transfer of the dwelling will take place on the basis of a transfer document signed by the parties to this Treaty, free of the rights and claims of third parties, in a habitable condition, which exists on the date of signature of this Treaty with the available sanitary, electrical and other equipment which has been provided.PURPOSEWhen examining an apartment, within two (two) calendar days from the date of registration of the transfer of ownership to the Office of the Federal State Register, Inventory and Cartography Service for Moscow.SAMPLES.Housing is transferred in a habitable condition, free of tax arrears, rent, utilities, electricity, telephone subscriptions, long-distance, international telephone calls

               10. PROCEEDINGSApartment by spouses.  Buyer.................................................................is married in a registered marriage and is acting with the consent of the notarized spouse.

11. The apartment is registered with the MHV telephone number.PROCEEDINGSdo not object to the telephone number8 (499) _______in the name of the new owner

               12.

The Parties confirm that they are not deprived of or restricted in their capacity, guardianship or guardianship, nor are they granted custody; they are entitled to exercise and defend their rights and fulfil their duties for health reasons; they are not suffering from diseases that prevent them from understanding the provisions of this Treaty to be signed and its obligations to conclude; and there are no circumstances that force them to make a deal under conditions that are unfavourable to themselves, that they are aware of the consequences of the violation of the terms of this Treaty.

13. The costs of concluding this Treaty and registering the transfer of law shall be borne byPURCHASE.

               14.

Content of the articlesRussian Housing Code:: 17 (nomination of the dwelling and limits of its use), 36 (right of ownership of the common property of the owners of the premises in the apartment building), 37 (determination of the share of the common property right in the apartment house), 38 (acquisition of the share of the common property right in the apartment house when the premises are purchased), 39 (maintenance of the common property in the apartment building),Civil Code of the Russian Federation:: 162 (Consequences of non-compliance with the simple written form of the transaction), 164 (State registration of transactions), 209 (Containment of ownership), 223 (Moment of the right of ownership of the buyer under the Treaty), 288 (Instruction of the dwelling), 292 (Rights of the family of the owners of the dwelling), 460 (Obligation of the seller to transfer the goods free of the rights of third parties), 461 (Obligation of the seller in the event of the removal of the goods from the buyer), 549 (A contract for the sale of real property), 550 (Term of sale of real estate), 551 (State registration of the transfer of ownership of the property right), 554 (Definement of the item in the Real Estate Sales Agreement), 555 (Indication of the Real Estate Agreement), 556 (Consequences of the transfer of real property of inadequate quality), 558 (Properfects of the sale of housing premises) of the Russian Federation, as well as articlesFamily Code of the Russian Federation:: 34 (joint property of spouses), 35 (owning, using and managing common property of spouses) are known to the parties.

15. This Treaty shall contain the full scope of agreements between the Parties with respect to the subject matter of this Treaty, and terminate and render null and void all other commitments and agreements that may have been entered into or made by the Parties, either orally or in writing, prior to the conclusion of this Treaty..

16. This Treaty is drawn up in four copies, one of which is kept in the Office of the Federal State Registration, Inventory and Cartography Service for Moscow and is issued to each participant in the transaction.

  • SIGNATURES BY PARTIES
  • PROCEEDINGS:
  • ______________________________________________________________________________________________
  • ______________________________________________________________________________________________
  • PURPOSE:
  • ______________________________________________________________________________________________

Model contract for the sale of a car from two owners

Under the law in force, a car may be registered as a property.2 peopleThe shares don't have to be equal, but that's what happens most often. How do you sell a car if it's owned by two owners at the same time?

Read also:  Refusal to inherit in favour of another heir

What's that?

A contract for the sale of a car is a certificate that a transaction has been made to transfer ownership of the car through payment, which means it cannot be free of charge.

The main condition of such a contract is payment, i.e. one party, the owner of the car, transfers the car to another person or entity for a certain amount.

The value of the contract shall be negotiated by the parties prior to its signature.The price must be specified in the "television" of the agreement; this is the basic condition for the validity of the contract.

The car could have at the same time.twoOne owner can't sell the whole car if the other owner doesn't agree, but he can sell his share.

Several owners of the TC can be formed as a result of succession to a deceased relative. This is the most common reason for the division of the car. If relatives trust each other, one heir will give up his share in favour of the other, and after sale they will share the money in half.

What's the regulation?

Since the purchase and sale of a car is a transaction, it is done in accordance with the SC of the Russian Federation.

  1. The formation of the treaty shall take place in accordance withChapters 27 and 28 of the Russian Civil Code.
  2. A, since it is a sales and purchase contract, provisions must also be taken into accountChapter 30 of the SC of the Russian Federation.
  3. If we're going to inherit a car by several heirs, we have to turn to it.Chapters 62 and 63 of the SC of the Russian Federationwhich describe the rules and rules of succession, both by law and by will.

Nuances of the agreement

Any contract, regardless of the subject matter of the transaction, must contain substantial terms and conditions, without which it is not valid, including the ownership of the machine.

The following should be indicated:

  • If it is a citizen, the following shall be indicated:
  1. :: It is fully FIO;
  2. Data from the passport;
  3. Place and date of birth;
  4. Permanent registration address.
  • If that legal person indicates:
  1. Full name;
  2. The FIO of the head or other person authorized to conclude the transaction and sign the contract;
  3. INS / CAT;
  4. A document on the basis of which the enterprise operates.

'Cause we're talking abouttwoIn drawing up the contract, it is necessary to specify the details of each owner as well as the share of each person in the common property.
It must be done, and they will sign the OST as well.bothThe owner.

Video: Details

The process of making a transaction

A transaction can be concluded only after both owners of the machine have given their consent in principle. The transaction is usually initiated by one of the owners. Therefore, the second owner must issue the permit. It must be written and, preferably, certified by the notary.

For example, if the car is bought during marriage and is the common property of both spouses, when selling the car, the second spouse must give written consent to the sale.The present document is reproduced here.

The agreement will be an annex to the OST; otherwise, the transaction will take place in the same way as if there was one owner.

These are:

  • OST to be drafted in3 copies- One side of the transaction and one at H & D;
  • Enters into force after State registration;
  • The transfer of the right takes place on the basis of the transfer document.

Model to complete a contract for the sale of a car from two owners

If you want to make a proper contract, you can contact a lawyer or a lawyer.download the form here.

In order to verify the findings of the OST, it can be verified by a notary, although the law does not require the owners to do so.

Documents

The treaty must be supported by documents.boththe parties to the transaction, as well asbothThe owner.

The car seller, for its part, must prepare the originals:

  • PTC (Vehicle Port);
  • Vehicle registration certificate;
  • His passport;
  • Second owner ' s passport;
  • Written or notarized consent to the transaction.

The buyer, in turn, prepares the originals of the following documents:

  • His passport;
  • OSAGO policy.15.04.2017is not mandatory for the registration of the right to motor vehicles.

It is also necessary to pay the State duty and attach the payment receipt to the package of documents, and the parties agree on which of them will assume the obligation to pay.

As a rule, this is done by the buyer because the duty is imposed on:

  • Introduction of information to the PTS;
  • Change of rooms if the new owner wishes to do so.

Where to serve

The correct application must be filed at the buyer ' s place of residence.

But since it's now working well,Public services portalmay apply for a visit to the H & D office on a specific date.

That is, you have to be authorized on the portal and apply for a certain number of visits to the HYDDA branch to file registration documents. Both parties to the transaction will have to come to the office at the specified time and hand over the documents. The advance entry avoids the rounds and the swelling.

Registration of a motor vehicle (light or cargo) must take place during10 daysAfter the contract of sale has been signed.

To this end, the following steps must be taken:

  • A diagnostic map will be required for registration;
  • Buy a new OSAGO policy;
  • Surrender all documents to HYDDD.

The registration of ownership rights from the new owner is not free of charge and takes place in stages as follows:

  • Surrender of documents;
  • Checking the car by the inspector with the numbers;
  • New title documents.

Authorization

Without the consent of the second owner, the transaction cannot be considered valid; consent must be given only in writing and there is no oral presentation.

In addition, in order to avoid misunderstandings, the second owner must also be identified in the contract and must sign it, so that there are virtually no risks of loss of property and of invalidating the transaction.

Practice has shown that it is desirable that a permit for sale be issued by a notary.Then, in the event that the buyer fails to act in good faith and decides to challenge the transaction, the notary will act as an additional guarantor of the legality of the transaction.

If it's the spouses.

If the car was purchased during marriage, it is the joint property of both spouses.SecondYou can't sell your wife's car.

The consent of the second spouse is processed by the notary.

It will be an annex to the CRS on the vehicle; without consent, the transaction cannot be carried out.

Price

The notary doesn't work for free.

The spouse ' s consent to the sale of a car is based on a special form, which has a degree of protection and is generally accepted as a government form, and is therefore subject to payment for its use, as well as for the work of a notary.

The value of the second spouse ' s consent for real estate transactions is as follows:

  • notarized tariff -500 rubles;
  • cost of legal and technical work – within1,000 rubles.

The total cost of consent would be approximately1,500 rubles.

Do you know how to make a contract for the sale of a car through State Services?

About how much a car sale contract is worth, it's written here.

If the second owner sold the car without consent, the transaction could be declared null and void; a lawsuit must be filed with the court.

But before you go to court, you can try to solve the problem peacefully.SecondIf a restitution agreement is reached with him, we need to discuss the situation with him.

But the second owner will have to prove that he didn't give his consent.

Reference to main publication
Для любых предложений по сайту: [email protected]