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The terms of the sale of shares differ from the sale of an entire apartment. However, both transactions combine a common document – a contract of sale. Special attention should be paid to the subject matter of the transaction. Here there is confusion – many do not know what the share is, in which it is measured, how it is defined in the contract of sale? Hence legal errors.
If you have any questions, ask the lawyers of our portal.
Can you sell the share in the apartment: the subject of the deal?
Before drafting a sales contract, we need to determine the subject matter of the transaction; we are not interested in a room, not an apartment, not a house – but a share of the right of common ownership of a dwelling; it cannot be compared to physical objects (e.g. a room).
The right holder is fully entitledSell share of the apartment to current co-owners or third partiesThe special feature of the deal is that the share cannot be seen, touched and separated in the form of a room (with the rare exception of art. 246 para. 2). In fact, it is an "ideal" value that can be reflected on paper (e.g. 1/4 shares in an apartment).
But sometimes they don't just sell fractions in the form of a room. The pattern of "quiet" use of the apartment is pre-established, by drawing up an agreement between all the co-eds.
Or by force, on the basis of a court order (art. 247, para. 1, of the Criminal Code of the Russian Federation).
Thus, the owner can sell the share of the room behind it (e.g. the living room is one third of the three-room flat).
Buyer ' s advice: Ask the seller to show a recent extract from the EGRN on the main characteristics and registered rights of the real estate property. The document will contain information on the amount of the share you are about to purchase.
However, if a room is reserved for a share, ask for a copy of the agreement of all co-owners or a copy of the judgement.
In doing so, you will learn about the subject matter of the transaction – the "ideal" or "physical" share of the common law.
Parties to the treaty
People may be involved in the sale, ranging from minors to a group of owners. Consider who is on the seller's side and who is on the buyer's side.
Salesman..........................................................................
The identity of the seller is important because the owner or his representative acts on his behalf:
- A group of co-owners of the apartment- if the subject of the deal isn't a separate share, it's the whole apartment.31 July 2023Such transactions will take place without the participation of a notary (FL No. 76 of 1 May 2023) and it is not necessary to send notice of the sale of their share, to speak on behalf of the "Sellers" and to sign the DCR of the apartment;
- One seller- enter into a contract with the selected buyer as part of its share (the remaining sellers are similar) and it will be necessary to respect the priority right of purchase (art. 250 of the SC of the Russian Federation) to send notices to all co-editors and wait for feedback;
- A minor or an incompetent ownerChildren from the age of 14 enter into transactions on their own behalf, but with the approval of both parents, another condition is the consent of the guardianship and guardianship authority (PLO), which will only be sealed if the child has a share in another apartment (an alternative is the transfer of money to the minor's personal account in the bank).
The spouse will not be able to dispose of the share if the apartment is jointly owned; first, it will have to separate the property, i.e. the share of the husband and wife; usually, the notary helps with that; it is possible for the notary to conclude a OST of 1.2 shares in the apartment of the present or former spouse.
Buyer.................................................................
The second party to the sales contract – the buyer – may be both co-owners and third parties (not owners).Capacity and capacity to pay.Special requirements don't change even if there are a few buyers, but there are a few OSTs that will have to be concluded with each of the buyers.
The law stipulates that the buyer may not be a child under the age of 18 years if his parents, guardians, guardians or close relatives are acting on behalf of the seller (art. 37, para. 3, of the Criminal Code of the Russian Federation); such transactions are prohibited and are not possible even if the dwelling is sold.
How to make a contract for the sale of shares in an apartment
The intention of the parties can be immediately embodied in the provisional sales contract, a document of legal force.a written, notary contractIt is desirable to include information in a printed form rather than in a handwritten form (art. 550 of the Code of Criminal Procedure).
Mandatory units of the OST share in the apartment:
- "Hat" - name of the document, date and place, details of the parties (FIO, address, passport, date of birth), roles (who is the seller and who is the buyer);
- The description of the place of sale (items) is the exact address, area, share, technical and cadastral data of the dwelling;
- Price - how much the seller estimates the share of the dwelling (e.g. 1,200,000 roubles);
- Reference to documents – on what basis ownership was created, as confirmed by where it was registered;
- Information on the remaining shares and their owners + confirmations of notices and waivers of the priority right of ransom;
- Information on the absence of arrest, bail and other charges;
- Information on citizens registered in the apartment - mark the date on which they are withdrawn from the register (if necessary);
- The rights and obligations of the parties - the seller and the buyer;
- The calculation procedure;
- How disputes will be resolved in the event of conflict;
- Who incurs the expenses - the seller, the buyer, or both;
- The time limit for registration with the Rostreestra authority;
- Number of copies of OST;
- An annex in the form of a receiving-transfer certificate is a mandatory condition;
- Signature of the parties;
- Certifying signature and notary seal.
Model sales contract 1/2 shares in apartment 2023
Where to, where to register?
Today's disposal of shares in common property is being checked in a notary's office. The ordinary writing form of the contract will not be appropriate. It is the notary who has to draw up the OST, and the specialist is unlikely to accept a "own" contract that is not made by them.
Method of verification of the contract of sale:
- Choice and address to a notary office.
- Verification of personal documents, the ability of the parties, the request for proper certificates, and the withdrawals from the Rosreestra organ - all the actions of the notary.
- Checking the legal purity of transactions, if necessary sending notices to co-owners (the notary will subsequently issue a certificate of service/non-transmission of the letter).
- Draft contract for the sale of shares in an apartment.
- Read it out loud to everyone present, the seller and the buyer.
- Clarification of the issues, rights and obligations, consequences of the dissolution of the OST.
- Signature of the parties, painting and printing of the notary.
- Sending electronic documents for registration to the Rosreestra FCC - newDuty of notaries as of 1 February 2023.
Further, there are changes in the transfer of ownership from the seller to the buyer, and the notary receives electronic statements from the EGRN and transmits them to the parties to the transaction (see "How to formalize the share of the apartment into the ownership".
What kind of documents do you need?
Thus, the conclusion of a sales contract is not the last step towards the sale of part of the real estate; the parties will have to formalize the transfer of ownership to the Rosreestra FCP; this is the submission of the documents referred to in the legal provision.
List of documentation:.......................................................
- Passports - seller and buyer;
- The application for State registration of ownership - fills out the notary with the transfer of the documents to Rosreestre;
- :: a power of attorney, if a representative is appointed;
- A copy of the contract for the sale of shares in the apartment – will remain in the registry;
- The transmission act (receipt/transmission);
- Documents from the seller – that he is the owner of the flat;
- Technical and cadastral documentation (on the situation);
- Copies of notifications/telegrams or notary certificates of service of letters to other co-owners;
- Notarized refusals – unless none of them took advantage of the right of ransom;
- In addition, the consent of the spouse (married/married owners);
- A permit from the PLO is in the form of a seal.
It is not necessary to attach a receipt of payment to the Ministry of the Interior; the information is also entered into the Rosreestra database (art. 18, para. 7, of the Federal Act No. 218 on State Registration). The notary will take care of all the nuances.
How much is a contract for the sale of 1/2 shares in an apartment?
As far as the costs are concerned, they fall more on the buyer; it is the buyer who pays for the services of the notary and the Minister of State of Rosreestra; but this is not always the case – the parties can agree on different calculations (e.g. equal).
Cost of the DVC ' s share of the apartment:
- Yes, ma'am.- Size0.5 per cent of contract priceThe maximum value is 300 rubles and the maximum value is 20,000 rubles (art. 333.24, para. 5);
If the value of the share is lower than its inventory value, the notary will turn to the cadastral price. For the calculation, an cadastral extract from the REM is ordered, which contains the relevant price as of the current date. The Rosreestre information is updated every year.
- Legal and Technical Services (LTA)– The notarized tariff depends on the region (average – –between 1,500 and 5,000 rubles).
The seller has to pay 350 rubles – Rosreestra's rate for changes in the State Real Estate Register (EGN).2,000 rubles, already for registration of ownership of the facility.
Don't forget, too.Real estate taxIt is calculated at the rate of 13% of the price of the contract (amount of payment); the obligation is borne by the seller as the recipient of the income from the housing transaction; tax deduction is allowed to reduce the amount of the tax; you can learn more about the calculations and rates from the article entitled Tax on the sale of shares in the apartment.
The composition of the sales contract is being given careful consideration.
Mistakes, errors in initials, incorrect ownership details, the absence of a "notification of the other owners" clause – typical irregularities and grounds for refusing registration.
If you don't want to make a mistake, ask our lawyers for advice, and they'll explain the subtleties of the common equity property and assess your situation.
Sales contract for 1/2 share of flat (model) 2023
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Real property refers to property with which transactions are in need of special processing, with additional difficulties for owners of shares in apartments.
The law requires notarization and State registration of such transactions; special attention must be paid to the preparation of the contract; it is through it that ownership of the facility is transferred.
Consider the rules governing the contract for the sale of shares in an apartment.
How to make a contract for the sale of shares in an apartment
The law makes it compulsory to make a contract on the sale of real property or shares in it; the document is to be certified by the notary and the State registration in Rosreestre.
Rules for the sale of the share of the dwelling
1 | Make notice |
2 | Send document to all co-owners |
3 | Obtaining a proposal from an accomplice |
4 | Refusal from the co-owner |
If the co-owner did not express a desire to buy the share, the seller could offer it to third parties.
Appropriate notification shall mean:
- Delivery of sales information in person under receipt;
- Sending the notice with a telegram;
- Transmission of notification through a notary.
Alternatives are not legally valid; if the transaction is appealed to a court, the document will not confirm the proper notice.
The draft contract could be prepared on its own, or a specialist could be recruited; a lawyer could be used for the proper processing of the contract.
In addition, notary offices provide contract drafting services; the preparation of a document must be supplemented.
Form, content
The transfer of rights in immovable property shall be made by contract and the document shall be in writing.
If the object of the transaction is a share in the dwelling, the contract is subject to notary certification. Since 07.2022, changes in notarization have been made; no notary is required if the apartment is given in full.
However, if the subject of the transaction is 1/2 per cent of the dwelling, there is no need to avoid visiting a notary office, and it does not matter whether the buyer is an accomplice or a third person.
Contract content:
- Name.The name of the contract is the contract for the sale of shares in the apartment.
- Place of discharge.The settlement paragraph in which the document is made up.
- Date of detentionDate of signature of documents.
- Information about the salesman.F.I.O., date of birth, registration address and passport data.
- Information on the presence of a representative.In the case of a minor owner, the legal representative shall be included; if an adult citizen has entrusted his or her rights to a third person, the details of a notary power of attorney shall be added.
- Similar buyer ' s data.
- Information on the presence of a representative.
- Description of the apartmentThe postal address of the dwelling, the total area, the deck of the house on which the apartment is located must be indicated.
- Amount of share in the apartment. To be indicated in fractional terms, e.g. 1/2.
- List of rights and obligations.
- Cost of the facility and method of calculationThe parties may provide for the possibility of providing a schedule, advance or deposit, and the contract must state that the funds previously paid are an advance or deposit and that they are paid in payment.
- Information on the transfer of the facilityThe act of acceptance and transfer may be in the form of an independent document, but the situation is common where the function is included in the contract; if there are comments on the condition of the object, it is advisable to have it in a separate document.
- Requisitions of the parties and signatures.
Model sales contract 1/2 shares in apartment 2023
- Model contract
Documents for sale of 1/2 apartments
The draft treaty shall be prepared on the basis of the following instruments::
- The passports of the buyer and seller;
- Birth certificate (if one of the parties is a minor);
- An extract from the EGRN;
- The right to a share of the document;
- An extract from the home book;
- Model notification;
- The act of reception/transfer (if not included in the text of the treaty);
- Evidence of notification;
- Notarization of the co-owner;
- A certificate of non-debt for rent;
- Notary power of attorney (if there is a representative);
- Technical passport.
If the owner is a minor, the consent of the guardianship department must be obtained, and the consent of the guardianship department must be obtained in order to remove the share of the disabled person; if the apartment was purchased during the marriage, the consent of the spouse must be further provided.
Registration of contract
The contract is verified by a notary and signed by the parties; the obligation to hand over documents to Rosreestre has been transferred to notaries since 2023; therefore, the parties are not required to visit the IFC or Rosreister further.
The notary prepares the documents electronically and sends the information to the authorized authority. 3 days later, a registered contract must be obtained from the notary office; no additional payment is required for the service.
The State registration procedure is of a fee-paying nature and the buyer must pay the fee.
No receipt of payment is required from 2018 to the authorized authority; information is transmitted electronically to Rosreister.
The contract for the sale of a share of the dwelling is an integral part of the transaction; the transfer of rights takes place from the moment the law is registered by the State; the legality of the transaction will require a lawyer to verify the validity of the transaction.
The specialist will check the legal cleanness of the transaction, help in the issuance of a valid contract. In order to obtain comprehensive information on the preparation of the contract, it is necessary to state the situation in the form of a communication.
The lawyer will provide an initial consultation free of charge.
- Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
- Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!
So contact our lawyer for a free consultation right now and get rid of the problems in the future!
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A contract for the sale of shares in an apartment: how to make the right, important terms, samples of documentaries
Recent developments: May 2023
The owner of the property disposes of it at his discretion by renting, gifting or selling it.
However, with respect to the equity right to property, there are characteristics associated with the existence of other interested co-owners of a single facility.
The contract for the sale of shares in an apartment is governed by the same principles as the rest of the real estate, but the process is subject to certain conditions.
When selling shares, the priority right of other owners to ransom is taken into account; it is only possible to dispose of a portion of the dwelling in favour of an outsider if the other shareholders refuse to do so in a formal manner.
Special features of the sale of shares in the apartment
The proposal is subject to a 30-day period, after which the seller is entitled to change the share; if the other share holders refuse the right to ransom, the law allows for lawful disposition on the same terms as the current payers were offered.
The restriction does not authorize the prohibition of the transaction, but allows the remaining owners to increase the amount of personal property.
Often the shares arise as a result of the privatization of the dwelling to all family members, in which case an agreement may be concluded between the relatives for the purchase of shares in order to further integrate parts of the dwelling into the whole property.
If the waiting period for the decision is not met or the priority offer of the transaction is excluded, the current owners of the facility have the right to challenge the sale of the property through the court and to declare the transaction illegal; since this situation is not favourable to either party, the terms of the agreement must be strictly observed before taking over shares.
The documentary basis for signing the bills will be confirmation that all interested persons have been notified of the forthcoming sale or a written waiver of the priority right (see model application for refusal of priority purchase).
A preliminary purchase contract with deposit or advance shall be prepared by agreement of the parties.
Before selling, it is necessary to determine whether or not a share in nature should be allocated and how to do so. It should be borne in mind that a natural section may not be required if it is to be sold to other partners (if the buyer intends to combine all the shares into a whole).
There are nuances in the use of maternal capital in the calculation of the amount of real property purchased; transactions between relatives are not prohibited by the Russian Civil Code.
However, if the funds are used, the restriction applies to persons in close relationships (children, husband), i.e. the holder of the certificate cannot buy the share from the husband or the child who is the owner of the estate, thus eliminating the risk of illegal cashing.
Also, one of the requirements of the PF when buying a share is that the whole apartment end up being owned by the owner of the certificate for the mother and family, although there are cases in which the PF allows the purchase of the share allocated in kind and predisposed to an isolated room.
In addition to providing prior notice to the other owners, the owner of the share must prepare for signature a package of documents, including personal papers and documents for the transaction:
- Personal identity document of the seller (passport).
- Right-wing papers as a share (verification).
- Techpasport, I.D. for the flat.
- I.D.'d. I.D.'d.
- Reference to all registered tenants in the specified area.
- If the share was acquired during the marriage as joint property, the consent of the legal second half shall be obtained.
- Refusal of the ransom shall be issued by the notary, and if the owners are identified as incapable or underage, their legal representatives shall sign the written refusal.
In order for the signature of the contract to be recognized as valid and the new owner could re-register the right to the property, substantial terms and conditions of the sale must be met.
Basic provisions
- The parties to the transaction may be both ordinary citizens, physical persons and organizations.
- The structure of the treaty text should allow identification:
- the parties to the transaction;
- An object to be disposed of;
- His condition;
- Procedures for the settlement and transfer of assets;
- Price;
- :: Time frame for the fulfilment of commitments.
The operation of the treaty begins with the signing of the treaty and all obligations set forth in the treaty are to be fulfilled on specified terms and conditions; the instrument is deemed valid if it is signed by the parties and the structure meets the legal requirements of the contract.
Basic requisitions
- For the preparation of the document, ready templates can be used on their own, by filling in the necessary information and by placing their special conditions in the contract (if necessary).
- The treaty would be recognized as a legally binding instrument if its provisions were not contrary to the law in force and the signature procedure was conducted in good faith by both parties.
- The following parameters are included among the important features of the document::
- Time and place of the contract.
- Data on buyer and seller (full FIO, information on birth, citizenship, gender, information from passport, address of registration, bank details for transfer).
- The subject matter of the transaction requires a clear indication of the share, a detailed description of the excluded part and the apartment as a whole, and the object must contain the following description: size of the share, exact address of the dwelling, floor.
- The price of the transaction represents the amount for which the buyer agreed to accept and the seller can transfer the share of the property. Once the other co-eds have been informed in writing of the sale, it is impossible to change the price of the transaction without a new agreement.
- Calculation parameters, terms and timing of payment.
- Information on documents confirming the legality of the disposition (right-making papers, certificates, as well as evidence of a third party ' s existence/absence of claims for that part of the apartment).
- Information describing the defects, defects, the general state of the dwelling.
- Information on citizens who are residents of the facility and who retain the right of residence after the removal of the share.
- Rights, duties.
- Liability of the parties with a description of the possible consequences of non-compliance with or breach of the provisions of the contract.
- Resolution of disputes.
- Establishment of responsibility for payment of transaction costs.
- The text of the treaty indicates the number of copies signed and who will have them after signature.
In addition to the contract, further registration of the right to a new contributor will require the signature of a transfer certificate that excludes further claims to the state and to the facility itself; receipt of funds will provide documentary evidence of compliance with the terms of purchase of the share if the settlement procedure provides for cash.
Recommendations for compilation
It is mandatory for the contract to indicate whether there are limitations to the right – bail, lease, ease, other possible claims from third parties.
Procedure for the conclusion of a contract for the sale of shares in an apartment
Since July 2016, there have been some changes in the procedure for the processing of real estate transactions; if a self-written contract was previously allowed to be signed, it was later necessary for the notary to have the document certified as binding.
Any transactions involving the disposition of shares in the common estate, including the sale of shares by all owners of a single facility, or the sale of each share separately, are not required to be certified; this requirement does not apply to the disposal of property belonging to the PIF property right or when it is purchased for inclusion in the PIF.
- The compulsory participation of a notary is required when a purchase is made if one of the parties to the transaction is a minor or an incompetent citizen.
- The notary is obliged to verify the legality and to verify the legality of the recovery transactions, as well as when the property is donated or exchanged.
- The treaty assurance process takes place in the following order::
- The personal documents of the parties shall be checked and the persons mentioned in the documents shall be checked for conformity with those actually present.
- The capacity and ability to make independent decisions are established.
- The seller ' s right to dispose of the property is verified.
- The text of the contract is read out to all parties to the transaction out loud.
- If questions were raised, each of the paragraphs should be clarified by either party.
- Once signed, the notary stampes the document ' s assurance and is then re-registered.
The procedure for recording the correct transfer of the right to share is not very different from any other exchange transaction involving real estate, requiring prior notice to the other owners and offering the right to ransom.
Thus, it will not be possible to convert the share to the new owner in a short period of time, owing to the need to wait for the 30-day period within which the other contributors are entitled to make the ransom.
This point should be taken into account in the intention to sell the share to a third party.
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Sales contract 1/2 per cent of the dwelling
The sale or purchase of real estate is always a serious procedure, because all aspects of it will have to be carefully studied so that the parties to the transaction can avoid various problems in the future.
For example, it is essential to know that if property becomes owned by several owners, but one has a desire to sell its share, then a contract will have to be drawn up.
Note that this document is a guarantee between the parties to the transaction, and it is therefore not necessary to ignore this point; as far as priority rights for the acquisition of the share are concerned, other owners of real estate may also be included.
It is important that a decision on the purchase of a share be made within one month of the date on which the written notice will be given.
Model model contract for the sale of half of the dwelling
The parties must be willing to do the right thing on the first occasion, and if they fail to comply with the most important terms of the contract, the document cannot be considered valid and valuable.
It is therefore important to record information such as:
- The address of the dwelling;
- The amount of money to which the real estate area was valued;
- The obligations imposed on the parties to the transaction;
- Any conditions that would render the contract null and void.
Once a document had been drafted, the signatures of the parties to the treaty would be required, then it would become effective.
- To download a sales contract form for 1/2 shares of the dwelling.
- To download the sales contract form 1/2 per cent of the dwelling per mother ' s capital.
- It should be added that the rules on the treatment of real estate, which will become equity property, establish the right of shareholders to buy the share sold.
- It is therefore necessary to understand that if one of the tenants is willing to sell his or her share of the dwelling, the other co-owners will have to be notified by offering to purchase their share at a specified price.
If the landlords are relatives, there should be no problem at the time the part of the apartment is sold; often in practice the transaction is between the relatives, it will naturally be necessary to meet important nuances in order not to encounter more problems.
In some cases, it is better to seek the assistance of lawyers to avoid any problems regularly encountered by the participants in the transaction in practice.
There are generally no distinguishing features in terms of the model contract, nor will it matter what personal relationship the buyer and the seller would have, so it is worth taking this into account.
A package of documents would have to be provided in order for the transaction to be documented and conducted.
- It is important to bear in mind here that if a transaction is concluded between relatives, it will not be unlawful, as you yourself must understand.
- This is argued by the fact that the relationship between citizens will be affected by the relationship.
- In order for the transaction to take place, in addition to all the necessary documents, the written contract will need to be registered in Rosreister.
- It is important to respect each point of the transaction, all the details and nuances, because only then can you do the right thing by selling or buying real estate without undue difficulty.
Model contract for the sale of a share of the flat to the second owner
The sale of real estate (houses, houses), much less its share, is a phenomenon that people do not encounter very often, so not everyone knows how to properly formalize the relevant sales contract so that it has legal force.
In this article, you will find out what are the special features of buying and selling a share of the dwelling.
In addition, it is possible to download a sample of the contract for the sale of the share of the dwelling, including a sample contract for the sale of the share of the parent capital.
All the rules relating to the sale of immovable property (including the home, apartments and parts thereof) are laid down in the Civil Code and should be followed when a contract is to be drawn up and a specialist may be requested.
Nuances of contract formation
The passport data of both sides are a mandatory element and must be entered very carefully and checked against the documents; the area of the dwelling and the area of the share to be sold should be added.
The accommodation must be properly described in such a way that it can subsequently be clearly identified.
To this end, the contract shall specify the address (census from the registration certificate of the State right to the dwelling itself), its size and the number of the dwelling.
The buyer and seller must agree on the condition of the share sold at the time of the transaction. All faults and various defects that may interfere with the use of the dwelling are necessarily specified and described in detail in the contract. If they have not been discovered by the buyer, a note shall be made of their absence.
The cost of the share of the dwelling should also be specified, as should the period of time allocated to the future owner for payment; the amount is indicated in figures and in writing in such a way that it was not possible to modify or falsify it.
The seller may obtain money at the time of the conclusion of the contract, which must be confirmed by its signature or the buyer may require a receipt of the money.
The seller, on the other hand, guarantees that no one in the apartment is prescribed, the dwelling is not under arrest or banned, that the said part has not been laid down and that no one else has been sold.
The contract will then have the date and signature of both parties and will enter into force after the State registration of real property rights.
For your note, you may also need examples of the following sales contract documents: apartments and a sample (there is a sample for the sale of a trust dwelling); apartments using maternal capital; samples; non-residential premises; sample downloads; and a sample at home.
How to Compute a Contract
According to this paper, a party who is currently the legal owner of a dwelling is obliged to hand over to the other party (the buyer of the share of the dwelling) the part of the contract mentioned in the legal use; this type of contract is permitted to be concluded in writing only.
The mandatory condition that the form of the contract for the sale of the share will have no legal effect is that a registration procedure must be conducted with the public authority; this is necessary for all contracts to which real property is subject.
It is important to know that State registration is not subject to the contract itself, but only to the transfer of ownership of the share of the dwelling to the new owner. When a share of the dwelling is purchased or sold in any dwelling, it will be necessary to perform two operations:
- Register a contract for the sale of a share of the property with the relevant authority.
- Register the transfer of ownership of housing.
A new contract must be certified by a notary only in the case of rents and in other cases it is not necessary to perform such a procedure; notarily, a contract can be made for personal safety in order to avoid being caught in the trap of fraudsters.
Once that procedure had been completed, the necessary signatures had to be entered into, and the State registration of the transaction had to be carried out.
How to carry out public registration of a treaty
The entire registration mechanism can be implemented in a few simple steps:
- Both parties are collecting all the necessary papers.
- A package of documents is sent to a judicial institution specializing in the registration of rights.
- The employee then gives the client a receipt (notice that the package has been received and registered).
- At this stage, the legal examination of all the papers provided is carried out and necessary for the registration of real property ownership (part of the apartment).
- If there is no reason to refuse State registration, the institution of justice shall register it in the Single Register, where all rights to real property are registered.
- Information shall be entered in the title documents for the property in question.
- The client receives a statement to the effect that the registration by the public authority has been successful.
A decision on whether to register as well as issue all necessary documents shall be made within one month of the submission of the full package by the parties.
With regard to the purchase of a share using maternal capital, the details of the sale of a dwelling (a flat, a share) using a mother ' s capital are discussed in this article (see the sample contract for the sale of a dwelling with a mother ' s capital), and the Board will look closely at the samples presented therein.
download a contract example and a clean form
- To download a contract for the sale of a share of the dwelling.
- To download a contract for the sale of a share of the dwelling.
- To download a contract form for the sale of a percentage of the dwelling with a mother ' s capital
- To download a sample of the contract for the sale of the share of the dwelling with the mother capital
A contract for the sale of a share of an apartment, a model and a form
Contract for the sale of shares in an apartment- A document of the transfer of ownership of property to the buyer.
In case law, the ownership of a share in an apartment is a virtual concept, as it cannot be distinguished in exact numbers or square metres.
That is why such transactions appear to be one of the most complex legal relationships of a law-making nature.
A general equity right to housing may arise in different situations.
The basis for obtaining ownership of a part of the dwelling may arise from the inheritance of property or the purchase of the dwelling by married persons in the privatization of the dwelling.
At the same time, each of the participants in any share of the property has the full right to dispose of the part of the property at their discretion.
Like most civil-law relations, the conclusion of such a transaction implies the conclusion of a real contract for the sale of shares in an apartment in writing, notarized and subsequently registered State.
In this article below, we suggest downloading a form for such a contract, and as an example, we have completed the form submitted, and the model of a contract for the sale of a share in real estate can be completed at the end of the article.
All forms and samples are submitted for download free of charge in Word format.
To download a contract form for the sale of shares in a Word-style apartment
The share trading arrangement resembles the standard disposal of ownership of an apartment, but requires additional procedures and a set of documents.
You can download a form and a sample of the contract when you sell an apartment, you can download it, you can download it, you can download it, you can download it, you can download it, you can download it, you can download it.
In order to avoid the possibility of invalidating the transaction and avoiding financial losses, it would be preferable to use the services of an experienced real estate agent, whose participation would avoid possible adverse effects, or to perform the entire procedure on its own, in strict compliance with the legislative requirements.
The main difference between the sale of a share of an apartment and the ordinary sale of an apartment is the priority right to purchase a share of the housing offered to co-owners of that immovable facility; only after they have been denied the share allocated can part of the property be offered to other buyers.
Notification of the intended sale of its share as a whole to the immovable property object should be sent by post, with a notice indicating the date of receipt of the letter.
The law allows 30 days to respond to an invitation to use its preferred right to purchase a co-owner ' s apartment.
If they have not indicated a desire to exercise their right, a notarized refusal by neighbours to buy the proposed share of the dwelling or house shall be registered.
A contract for the sale of shares in an apartment.
A list of binding documents is required for the conclusion of a sales contract:
- Passport or other type of basic document for all parties to the treaty;
- Certificate certifying the seller ' s ownership of the property to be disposed of;
- The technical and cadastral passport of the real property (apartments);
- :: Personal and financial account;
- A certificate of all residents who are registered on the premises;
- If the seller is married, a separate written consent from the spouse is required for the sale of shares in the apartment;
- A permit for the sale, certified in a notary office, from all owners of the dwelling (if there are minors or incapable owners of the dwelling, the authorization of their legal guardians is required).
The contract itself for the sale of shares in an apartment, like any other law-making act, may be declared null and void in the event of non-compliance with its essential terms.
The substantive terms of the sales contract to be specified in the legal act are the subject matter of the contract itself, the parties to the legal relationship and the value of the property to be disposed of (the rent).
Information on parties to treaty obligations or their representatives should be provided in an exhaustive manner and the name, first name and patronymic should be indicated without abbreviations, date of birth and address of residence.
An essential condition of the sales contract is the existence of objective data by means of which immovable property (a flat) can be identified, and a fraction of the share of the total part and data (an address, location on a defined land) of the immovable object is given when the share is transferred to the common right of ownership.
- The contract for the sale of a share of immovable property must contain an indication of the price of real property, which may differ from the inventory assessment of the facility, and may specify the conditions for mutual settlement.
- An essential condition is also the reference in the contractual obligations to the absence of possible restrictions on the ownership of the selling party, such as collateral for the property, lease, easements or other possible obstacles by third parties.
- In addition to the above terms, such contracts may contain indications of the seller ' s emerging rights, the details of the law-setting documents or the obligation to register the resulting right to a share of the flat, but all of these terms are irrelevant terms of the contract, the absence of which does not entail adverse effects or the invalidation of contractual obligations.