Right-of-occupancy sales contract

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Dkp housing with dependency: What is it?

The owner of the dwelling shall reserve the right of residence in the property to be disposed of.

The document may include the buyer ' s obligation to maintain the former owner of the dwelling in the form of social careor monthly payments of a fixed amount.

The following paragraphs should necessarily be included in the text:

1. Place of actual signature of the agreement and date.
2. Personal details of the parties to the transaction.
3. The subject matter of the transaction and its technical characteristics.
4. Duration of the agreement.
5. Rights and obligations of the parties to the transaction.
6. The manner of calculation and the terms of transfer of the subject matter to the buyer.
7. Conditions for life imprisonment.
8. Liability of participants for non-compliance with the terms of the transaction.
9. Procedure and conditions of dissolution.

The OST must be certified notarized, and the notary confirms not only the authenticity of the law-setting documents but also the seller ' s competence.

Article 421 of the Criminal Code of the Russian Federation, according to which the seller and the buyer have the right to determine any of its conditions on their own, if they are not contrary to the law, may be applied; the inclusion in the OST of a condition on the right to live for life and use is permissible and does not conflict with the law of the Russian Federation.

Legislative rules governing this type of transaction:

Who can get the right?

1. Those who gave up their share in favour of a relative at the time of privatization.
2. Persons whose right of residence is established in accordance with the will.
3. The spouse, if so provided in the marriage contract.
4. Co-operative member, subject to partial payment.
5. A minor living in a residential institution or in a correctional facility.

It matters!It is possible to sell an apartment with an encumbrance in the form of a right to live for life without the owner ' s consent.

• A residence permit for life must be notarized, and the notary must verify not only the authenticity of the law-setting documents but also the seller ' s ability to act.
• According to article 549 of the Russian Civil Code, after registering a transaction in Rostreestra, the buyer must obtain an extract from the EGRN with an indication of the existing encumbrance in the form of a tenant.
• The right of ownership of the dwelling passes to the buyer as soon as the agreement is signed.
• Once the agreement has been concluded, only the buyer remains the party to be bound, provided that the contract includes data on life-long maintenance and monthly payments.
• The urgency of the document (the obligations cease after the seller ' s death).
• Once the dwelling is disposed of in favour of the buyer, all obligations for maintenance of the dwelling — tax, repairs, maintenance of the dwelling, payment of utilities, etc. — are transferred to the buyer.
• A citizen residing in an apartment on the basis of this contract may only place someone in an apartment which is the subject of the transaction with the consent of the new owner of the dwelling.

Phases of the transaction

Necessary documents

1. Certificate of ownership of real property or discharge from the EGRN.
2. Documents supporting the acquisition of a real property right.
3. Technical residence passport.
4. An extract from a home book containing information on the apartment registered.

Harmonization of conditions

At the first stage, the parties to the transaction should discuss the terms of the agreement as thoroughly as possible.It is recommended that a preliminary contract be drawn up.Mandatory condition for a transaction is agreement between buyer and seller on all relevant details of the agreement.

It matters!The terms and conditions relating to the subject matter of the transaction and the price of the contract are recognized as essential under the legislation of the Russian Federation.

Agreement should also be reached on:

• The value of the dwelling that the buyer is obliged to pay to the owner of the real estate.
• The amount of life imprisonment and the manner in which it is paid.

Signature and notarization of the agreement

Once the parties have agreed on the terms of the deal, they must sign the contract and assure it to the notary.(in accordance with article 163 of the Code of Criminal Procedure and article 163 of the Code of Criminal Procedure on State registration of rights).

The notary shall, in the course of the proceedings, verify the capacity of the parties to the transaction and their understanding of the key points of the contract to be concluded.

State registration of rights

Real estate with the right to live for life must be registered in Rostreestra.Parties should provide:

• The passport of the parties to the transaction.
• A notarized contract in three copies.
• A filled-in statement of the prescribed form.
• A bill of payment of State duty.

The right to live for life in the previous owner ' s apartment is maintained when the owners of the dwelling change further.

If the dwelling is sold on rent, the necessary documents must be filled in and sent to:What is this, for the paragraphs below:

1. A contract is being drawn up. In order to get the rent right for an elderly person, the agreement needs to reflect the compensation of the transaction, its terms and the time frame for handing over the contract to the payer.
2. There is a personal visit to the notary and an assurance of a formal agreement.
3. Visit to the Rosreestra office and transfer of the registration package, which will require payment of the State registration fee.
4. The organization ' s staff will check the documents provided and issue the registration certificate within 14 days.
5. The lender will receive an extract from the EGRN stating that an encumbrance has been placed on the property.
6. The encumbrance may be lifted only after the parties ' obligations have been terminated, i.e. after the payer has provided Rosreest with a death certificate for the creditor, after which he becomes the full owner of the dwelling.

Necessary documents:

• Participants' passports.
• Written consent of the spouse if the seller is legally married.
• Estimates of housing costs.
• Right-making documents for real estate.
• A certificate of non-payment of rent taxes.
• Story plan issued by BTI.
• It's a telepasser.

Conditions and process of avoidance

Ways:

1. Through a notary.
2. Court proceedings following the filing of the claim.

A party to a transaction that decides to break an agreement must notify the other party in writing.

• If the seller and the buyer can come to an agreement and agree to avoid the contract, a notary can do the procedure.
• If there is a conflict of interest and there is no way to resolve the matter in the pre-trial phase, it is necessary to go to court.

It matters!All non-performance must be documented. If the claim is successful and the transaction is avoided, the seller will get the property rights back and the buyer will have the amount specified in the contract.

If the agreement has been formally terminated, the beneficiary has the right to make a request for restitution of the right to an apartment.Or offer her a ransom.

According to the Russian Federation legislation, the purchase of an apartment must be made at the price of the annual rent holder if the contract does not provide for the price of real property.

Adds and minuses

Both parties are at risk:

1. The buyer may be in bad faith and avoid performance.
2. The buyer will not be able to provide rent to the recipient.
3. The receiver can live longer than the payer.
4. Relatives of the owner of the dwelling may disagree with the contract and defend their rights in court.
5. The Rentopolator may demand the avoidance of the transaction.

Dignity:

• The only way to break an agreement is in court.
• State registration in Rosreister protects the owner from fraud.
• The agreement also benefits the seller and the buyer: the rentee earns additional income and does not worry about social and welfare services, and the payer buys real estate for less than the market value.

Disadvantages:

• High risks.
• The seller is entitled to terminate the contract in any failure to comply with its terms, and the money will not be returned.

The disposal of real property with the right of the previous owner to live for life could be beneficial to both the seller and the buyer.

An elderly person will receive guarantees of non-refoulement, a source of income and welfare assistance, and the buyer will buy housing at a much lower cost than its market value.

However, before signing the contract, it is worth carefully examining the possible risks and terms of the transaction.

Which is a contract of sale with a lifetime residence

Sale of the seller ' s living dwelling

• The current Civil Code of the Russian Federation provides for the possibility of drawing up a contract of sale with the previous owner ' s residence for life.
• This arrangement is often made up of single persons or pensioners.
• They are most often in need of a certain amount of payment and have to maintain the possibility of operating the realized assets for life.

Life-long accommodation agreement

Situations that require such agreements are common may be characterized by drafting features and different legal consequences, giving citizens some power to live together with the owner of the property.

A particular type of obligation of the owner of real property to the persons referred to in the contract is considered to be the specific basis for the conductability, and such obligations must be respected by the owner because there are certain rules and legislation, including article 558 of the Code of Criminal Procedure.

Under article 450 of the Civil Code of the Russian Federation, such an agreement may be terminated if there is a violation of certain provisions of the agreement.

A gift with a lifetime of residence

A gift with a lifetime of residence

Domestic legislation does not provide sufficient protection of the rights of the giver in the form of a gift.

As a result, there are situations where the giver wants to take possession of the right-of-occupancy dwelling, and the new owner is legally able to do anything with such a dwelling.

In this way, housing can be converted, sold or rented; according to the Russian Civil Code, the act of giving can only be regarded as recompensable.

It must be understood that any compensation does not imply the possibility of return or simultaneous operation of the facility in question.

An agreement with the right to live for life affirms the grantor ' s legal rights to the property and prohibits its eviction; such agreements are often used by senior citizens who wish to give a gift to their relatives and to be able to live in the dwelling.

Author ' s powers:

• By law, able-bodied citizens are obliged to maintain the lives of disabled close relatives — parents, uncle, aunt, grandmother, and grandfather.
• Lawyers advise that the gift be processed only for a portion of the dwelling.
• If a giver wants to live with someone in an apartment, such conditions are necessarily stipulated in the gift contract.
• A citizen who provides a free dwelling may stay in it free of charge, which is also stipulated in the agreement.
• A legitimate right holder may transfer title to what is paid for by rents.
• The giver is always entitled to terminate the agreement unilaterally in a situation where the gifted person commits certain violations of the right of residence.

If the giver plans to continue living in a owned dwelling, the wording should be as precise and clear as possible in the drafting of the contract; it is desirable to reserve the right to operate and own the dwelling.

Life-long rent contract

Such agreements were often made up of older citizens who had no relatives or had previously been interrupted for certain life reasons, so that they could choose an assistant who would be given certain material assets as a reward.

When such a contract is made, the main object of the contract is often an apartment which the owner or the recipient of the rent after the departure of his or her life transfers to the payee in full legal possession; the owner of the dwelling may receive both multiple and one-time financial assistance in accordance with the provisions of the contract.

The new owner will only be able to dispose of real estate after the rent recipient is out of life.

This agreement can be considered to have been fully implemented and the payment of money can be terminated even in a situation where the hit owner has relatives who could claim to inherit the property.

Life-long residence contract with dependency

Signature of a life-long residence contract with dependency

1. This legal precedent differs in that property rights are granted free of charge in accordance with the provisions of the law.
2. A buyer of a dwelling that is in possession after the proper documents have been issued shall not pay regular fees.
3. For a certain benefit, the following are included in the list of services provided:

• Provision of food.
• Acquisition of medicines.
• Keep the premises clean.
• Renovation and possible replacement of sanitary appliances.

All services received by the dependent must be paid for by the owner of the dwelling; often such services must be provided to the pensioner for life; after death, the specified conditions of burial and observance of certain memorials must be fulfilled.

Citizens in need of medical care may be included in the list of services.

Sale with the right to live for life

To begin with, look at the list of documents necessary for the conclusion of such a transaction:

• A document showing the right to own a dwelling.
• The grounds for buying real estate: This may be an earlier agreement or certificate of inheritance.
• Techpasport with the housing plan will be valid for three years, and if the document is overdue, the BTI needs to have a new one.
• A document listing the persons registered in the accommodation.

If the owner of the dwelling has found a buyer who is willing to accept the terms of the transaction, the contract will be concluded in several stages:

• Step 1: There is a need to agree on certain terms of the transaction. At this stage, the buyer and seller are obliged to specify in detail all the private terms of the contract. If possible, a preliminary model of the contract will have to be drawn up. The parties may draw up a contract only when all the important terms of the agreement have been agreed by the parties.
• Step 2: Signature of the agreement and its formalization. Since the subject matter of the agreement is rent, the agreement must be confirmed by the notary; the text of the agreement must be signed by each party in the presence of a lawyer who, in turn, is satisfied that they are capable of doing so; the notary must also ascertain whether the parties understand the agreement correctly and whether they are aware of all the conditions and possible results of the signature.
• Step 3: After all of the above, the agreement must be registered with the authorized State authority; after the registration procedure, the new right holder receives a document confirming that he is the owner of the dwelling, with some indication of the encumbrance.

After reading the information described above, no one will have any questions as to how a contract for the sale of life may be made; the services of a notary in such situations will always be useful.

Rent contract on video:

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Right-of-occupancy sales contract

The Main "Bought-Sales of the Apartment "Right-of-occupancy sales contract

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In some cases, the seller of an apartment stays in it even after the sale. Most often, with the buyer, such a system can significantly reduce the cost of the dwelling, but it is not used too often because there is neither a serious demand nor a significant number of such offers.

What is the right of residence

The right of residence is not identical with the right of ownership; both the owner of the dwelling may not be registered in his or her own apartment, nor the other person may, as the owner, have the right to reside in the property in question.

Older persons who are no longer able to take care of themselves and have no children/parents to help them are most likely to agree to such arrangements.

Under the terms of the right-of-occupancy contract, an elderly person retains this right to live in his or her former apartment until his or her death and the buyer undertakes to care for them.

It was logical that such a situation imposed serious obligations on the buyer and that any breach could lead to the avoidance of the contract; on the other hand, such a scheme made it possible to purchase a much cheaper home than it was sold on the market.

Example:Suppose there's an old man who has no one to look after and has his own three-room apartment.

He proposes to sell all the housing, but to retain his right to live in the apartment.

If the buyer agrees, the flat will cost him twice as cheap as it is on the market, but the buyer will have obligations to the seller in terms of its maintenance.

The basis of such a contract is taken from the classical document for the sale of an apartment, but apart from the basic conditions and characteristics of the contract, everything relating to the right of residence has to be taken into account.

• Information on the persons who made the transactionMost often there are two parties – the buyer and the seller – but in some cases the seller may require the buyer to give the right of residence and to keep a third person in the apartment, for example a distant relative who is unable to care for the seller for some reason.
• Data on the apartmentThe contract should contain comprehensive information on the property being purchased: location, deck, general and residential space, number of rooms, etc.
• Conditions of saleAll the parties ' agreements on the dwelling itself are included here. For example, the buyer ' s obligation to pay the utility debt in lieu of the seller. The time-limits or other factors which in one way or another may have an impact on the outcome of the transaction. It is also mandatory that a clear amount for which the dwelling will be sold be recorded.
• Conditions of right of residence and maintenanceThis section provides information on who, how and under what conditions is entitled to live in an apartment (usually to live for life).
• Reasons for avoidanceSuch a contract must include the terms of avoidance of the transaction; for example, if the buyer fails to perform its obligations and does not maintain the tenant, the contract is deemed to have been terminated and the apartment is returned to the previous owner.
• Signature and dateAt the end of the document, the signatures of all the parties to the transaction are provided, and the date of the signature is also required; it must necessarily correspond to the actual one.

Notarization of a contract

Such a document must be certified by a notary for one very important reason: it must be verified that the parties are in fact capable; this is necessary in order to exclude in the future possible disputes that may arise on the grounds that the seller is not capable or was not capable at the time of the transaction.

Model contract for the sale of a right-of-occupancy dwelling

To download a sample of the right-of-occupancy contract for the sale of an apartment

Right-of-occupancy sale procedure

The procedure for entering into a transaction is virtually no different from the usual sale of an apartment, except for the need for additional agreement on the right of residence.

Mode of action

1. The parties discuss all the terms of the transaction, including here the section on residence.
2. A sales contract shall be drawn up taking into account the agreements reached, the wishes and the requirements of the parties.
3. The contract is certified by the notary and subsequently registered.
4. The buyer and seller sign the certificate of acceptance and transfer of the dwelling, and at the same time the funds are transferred.
5. The buyer shall register ownership.

Depending on the region of residence, the latter two points may be replaced by places.

In this way, the buyer will first register ownership and then make a final settlement with the keys to the apartment.

Such a contract would require the same set of documents as for the usual sale, which was because the permanent residence clause usually did not require any documentary confirmation.

The exception was situations in which it was necessary to make sure that a seller planning to live in an apartment and beyond was actually capable, in which case an additional certificate would be needed.

Indicative list of documents:

• The passports of the parties.
• Techpasport to the apartment.
• Exit from the EGRN.
• An extract from the home book about the names in the apartment.
• Certificate from the management company that there is/is no debt for utility payments.

Expenditure

In addition to the cost of the dwelling itself, a notary will be the main object of expenditure, depending on the many factors involved, it will be necessary to pay 2,000 roubles or more, and the State will have to pay 2,000 roubles for each new owner of the dwelling if the property is registered.

Time frame

The procedure itself can take several hours/minutes or months to negotiate and negotiate terms, and it is not possible to predict a more precise time frame.

If all the agreements are reached, the contract can be drawn up and certified by the notary in one day; a few more days may be left for registration of property rights.

In practice, on average, one sale of a dwelling takes about 1 to 3 months between the location of a suitable property and the registration of a property right.

The right of residence significantly complicates the contract and increases the number of possible risks. In fact, although the new owner is the full owner of the dwelling, he is obliged to pay a great deal of attention to his tenant, otherwise the contract may be terminated.

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Sales with the seller ' s life: model contract

The purchase of a life-long sale allows a person to earn money for his or her dwelling, but to stay in it until his or her death.

The difficulty was that the clause of the contract specifying the possibility of residence was not the reason for the imposition of the encumbrance.

How to make a proper deal so that the new owner does not evict the tenant from the street when he then sells the dwelling you can learn from the article.

What is it?

The sale of a dwelling with the right to live for life implies that the seller will continue to be in it until the last few days after receiving the money for the dwelling; such contracts are often concluded by elderly persons living alone.

There are two types of sales with the right of residence of the seller for life:

• The first is a full settlement between the parties at the time of the transaction, and the document must specify that the seller will receive the full amount of money at once.
• The second is more frequent: the elderly sell the apartment in exchange for maintenance and payment of utilities, so the buyer buys the dwelling in instalments, but he undertakes to provide care and to transfer money to the owner of the premises.

Fraudsters often use this type of transaction to take away an elderly person ' s home; a notary may refuse to certify such a legal transaction if he suspects that the old man is in a state of temporary insanity or is incompetent.

Such transactions are not envisaged by the HC. For this reason, people who wish to purchase a home from older persons in exchange for life care and maintenance agree with them to make rents, wills or gifts to the buyer.

What's the difference between a residential sale and a rent?

The rent implies the sale of the dwelling by the owner to the payer, with the right to live for life, and the agreements reached between the parties require the buyer to pay certain sums of money within the specified period, and may be supplemented by paragraphs requiring the buyer to:

• To provide life-long care for the sick or elderly owner of the home;
• Buying medicines and products;
• Hire a nurse.

In the first case, the old man and the disabled person shall be provided with security until the death of the disabled person; the property shall pass to the new owner immediately after the death of the previous owner; the permanent rent shall consist of payment of the funds until the specified amount is paid; and the lifetime rent shall have its advantages and disadvantages for both parties:

• The buyer may be an irresponsible person;
• The seller may live longer than the buyer ' s expected period of time and the payer will spend more than planned during that period;
• The seller may survive the buyer;
• After the death of the recipient, his relatives may take legal action to challenge the rent contract;
• The seller may terminate the rent contract in a few years ' time, and it is sufficient for the seller to prove that the terms of the contract are not being fulfilled.

In concluding a sale of real property with the seller ' s right to stay in the home for life, the buyer pays the full amount required immediately and no longer owes the seller anything..

He can't demand anything else from the owner of the apartment.

In each case, the apartment passes to the new owner at once and is exempted only after the death of the former owner, as he has made it possible to reside in it.

The purchase of real estate with a contract providing for the seller ' s right to live for life is better for both parties.

The seller receives all the money at once and can dispose of it at his discretion, and the buyer can be sure that in a few years an old man who has received a good amount of money will not break the deal on the pretext that the renter is not fully fulfilling his obligations.

A step-by-step instruction on the conclusion of a transaction

The transaction follows the same pattern as the ordinary sale of real estate, with the difference that the document should indicate the seller ' s right to live in the home for life.

Collection of documents

The documents for the sale of the dwelling are usually prepared by the owner of the dwelling. In practice, the signature of the contract for the sale of immovable property takes place in two stages. The party that administers the property delivers the documents to the notary. In a short period of time, the lawyer calls the parties to conclude the transaction. The signature of the contract will take place as soon as the EGRN is issued to the notary office.

The owner shall provide the notary with:

• The passports of the parties to the transaction;
• Documents identifying the owners of the home;
• A home book;
• The residence certificate of the prescribed residence;
• Transport of home ownership (houses).

It's important, you can order an EGRN statement through the IFC, but it's easier to trust a notary to get a document, and in any case the value of the transaction includes this service.

Definition of terms and model contract

A sales document is made up of a notary and includes all the personal details of the buyer and seller, the value of the dwelling, and all special conditions must be reflected in the document, especially those relating to the possibility of lifelong registration and residence in a sold dwelling.

Under article 558 of the Criminal Code of the Russian Federation, the Contracting Parties are required to establish a list of persons who will remain in the premises after being transferred to another person ' s property; in fact, living in an apartment may not be allowed to one person but to an elderly couple.

A model contract can be downloaded from this reference.

Do you need a notary?

The law does not explicitly specify the need to enter into such transactions only through a notary, but our revision does recommend seeking the assistance of an office for the following reasons:

• The registration service in some regions considers such contracts to be a form of rent and the rent needs to be certified notarized;
• A simple, written sale is easy to challenge or completely refuse – a notary will protect the parties.

The cost of the legal office depends on the price of the dwelling to be sold; the contract concluded in the presence of the notary is sealed and recorded in the register of transactions; depending on the wishes of the parties, one or two copies of the document are made.

Lawyers in Moscow and St. Petersburg do not always miss such transactions by proposing to the parties a normal contract of rent with a lifetime residence and maintenance.

State registration of rights

The characteristics of the registration of the transfer of the right to the new owner are as follows:

• If the transaction is entered into in simple writing, the parties shall themselves transmit the documents to be registered with the IFC;
• If he certified a notary, he's himself electronically transmitting the information directly to Rosreestre, and the service is free of charge.

The government for registration of rights is standard - 2,000 rubles.

The contract for the sale of an apartment with the right to live for life of the former owner does not constitute a ground for imposing an encumbrance on Rostreestro.

The clause in the agreement represents a significant limitation of the buyer ' s capacity.

It is wrong to assume that by selling real estate with a resident who lives for life, the new owner must obtain the consent of the owner of the dwelling; he will not need anyone ' s permission to sell the apartment.

The buyer may protect himself if he inserts into the contract a clause specifying the terms of the new owner ' s sale of the dwelling, in which case the next buyer must accept the dwelling with such restrictions or refuse the transaction.

In order not to be left homeless, it is necessary to specify every detail. It is difficult for a person without a special education to envisage all underwater stones when selling with the right to live in an apartment, so it is better to seek the assistance of a lawyer before making a contract.

Taxes

Any sale of property by the State is regarded as a material gain; the financial income of citizens is taxed; once the money is received from the sale of the homeowner (a flat) with the right to live in it until the last days, the former owner of the property must tax 13% of the profit to the State ' s treasury.

If the apartment is sold for 1 million rubles, 13% of that amount is 130,000, the tax can be reduced by means of ownership or tax deductions. Read more about it here.

Difficulties and underwater stones

A person who, when selling a dwelling, has established his or her right to live in it in a contract cannot be discharged from his or her apartment; neither the first owner nor the subsequent owners will be able to do so.

If the document did not specify the seller's right, the contract took the form of ordinary sales, and an elderly person could be expelled from the apartment at any convenient time for the new owner.

The question of selling an apartment with a right to live in it is a very complex one: both parties, the buyer and the seller, enter into a long-term relationship after the transaction. To avoid subsequent unpleasant situations, specialists should be consulted. You can sign up for a consultation in the lower right corner of the window.

• So that the article can be useful to other people, put on a yike and make a repost.
• Further, read the article on the possibility of a return mortgage for pensioners as an alternative to the purchase and sale of a living dwelling.

A contract for the sale of an apartment with the seller ' s lifetime residence (model)

The Russian Federation ' s Civil Code provides an opportunity for the sale of a dwelling with the right of the previous owner to live in an apartment, most often by single or elderly persons who need money and want to retain the right to use the property sold for the rest of their lives.

List of required documents

• In order to conclude such a treaty, it is necessary to have a certain list of documents.
• Model contract for the sale of lifelong residence
• The following package of documents is required for the sale of the dwelling under such conditions:

• A certificate of ownership;
• The basis for the sale of property (e.g. contract or certificate of inheritance, etc.);
• a transport document with a housing plan;
• A certificate of the entities registered on the premises.

Procedure for making a transaction

If you need to enter into such a contract and find a buyer in accordance with your terms, certain stages of contract formation are required, as indicated below.

Step 1: Harmonization of terms and conditions of the treaty

At this stage, the parties are obliged to discuss and agree on all the terms of the agreement; if possible, a preliminary version of the transaction should be made; the seller and the buyer may conclude the contract only if they have discussed with each other all the relevant terms of the contract in accordance with the rules of the Criminal Code of the Russian Federation.

The legislator considers the terms of the price and the subject matter of the contract to be essentialIf the parties did not reach an agreement on the paragraphs in question, the transaction would be considered to be non-convertible; moreover, the legislator stated that, at the request of one of the parties, certain terms of the contract could also be considered relevant.

Step 2: Signature and notary certification

The next stage is the signing of the treaty and its notarization; if the subject matter of the treaty is rent, the document must be certified in a notary office in accordance with the provisions of article 163 of the Russian Civil Code and the FZ of 13.07.2015 No. 218-FZ.

An important condition is the ability of the selling party; often the fraudsters use the insanity of an older person to take property belonging to him or her; the job of a notary is to verify thoroughly the legality of the transaction; if the seller is considered incapable, his or her guardian is entitled to dispose of his or her property.

Step 3: State registration of rights

The transfer of ownership rights must be registered with the relevant government authority, Rosreestre or IFC. All the above-mentioned papers are submitted for registration and, in addition, attach:

Once the State register has been carried out, the new owner is given a document of ownership; under the law, the transfer of the right to immovable property takes place after the State registration, while the previous owner retains the possibility of life use of the property; this right is also retained in the subsequent change of ownership.

Read also article : Preliminary contract for the sale of an apartment

If the contract for the sale of the dwelling is not in writing, it is null and void (article 550 of the Criminal Code of the Russian Federation).

Questions and answers

1. We want to issue a contract for the sale of a dwelling with the seller ' s residence for life (without identification), whether this type of contract is notarized or can be registered with Rosreestre immediately.

By virtue of the principle of freedom of contract (art.

421) the parties involved in the transaction are free to conclude and determine any of its requirements that are not contrary to the law; the inclusion in the agreement of a condition on the right to live for life and the use of property without restrictions is in conformity with the principle of freedom of contract and does not violate the law.

This document can be processed without a notary if it is not a rent, i.e. directly in Rosreister.

1. Explain how a contract for the sale of dwellings with a lifetime residence of the selling party is more reliable for the buyer than a similar contract for rents?

The contract of sale cannot be terminated on the grounds of non-compliance with the terms of the maintenance agreement, etc. The owner of the dwelling has unlimited ownership rights.

"In making a transaction for the purchase of a dwelling, the buyer is subject to all the risks of the transaction. "The right to prove itself in court will have to be proved only on the basis of a single document, which is a sales contract.

• The buyer and seller ' s data;
• All information on real estate;
• It's important to take into account all the little things."

Explains the expert from the Treaty-Jurist.RU portal, housing law lawyer Bondarenko Elena.

In accordance with article 317 of the Russian Civil Code, only rubles are involved in the transaction. If the sum is indicated in foreign currency, the amount of its conversion in rubles should be written down. The price of immovable property is approved by the parties by mutual agreement.

Typical errors in buying an apartment

1. If the seller makes a trust transaction, the other party should be careful in situations where the power of attorney has a period of more than a year, or the representative of the trustee is an elderly person or a very young person.

   It is necessary to study the power of attorney very carefully, also to find the notary who processed it, and to make sure that the document is valid, not withdrawn, and that the buyer must meet and talk to the person who issued it, and there are cases in which the power of attorney has been used for people who have already died or who have refused to sell the apartment at all.

   It's best to ascertain the relevance of the power of attorney.

2. Note that minors who have reached the age of 18 are entitled, within three years of the event, to apply to the court for annulment of the transaction.

   Take this into account when buying real estate and, in particular, make sure that the child ' s rights are not violated, all documents and permits of the guardianship and guardianship authorities are in proper form.

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Examples

1. I am the owner of the dwelling under a sales contract with my father's lifetime residence.

   The following is of interest:

1. (1) After I marry, am I entitled to write my wife in the apartment?
2. (2) Is he entitled to live in an apartment without my father's consent?
3. (3) What is required in this agreement to ensure that my husband ' s request for and residence in this apartment is not possible, since the father is against it?

The owner of the dwelling has the right to make a propiska to anyone, much less his husband; the clause of the contract which limits the owner's rights to house the spouse will be null and void.

1. My mother-in-law sold me an apartment, made a sales deal with her living in a living room, paid for her apartment without delay, put her in hospital, admitted her cancer, soon she'll be discharged. Social Services insists I have to look after her, or invite a nurse, but we hardly talk. I'm just paying the rent. What am I supposed to do? I have a legal obligation?

You have to do just what the agreement says, nothing more.

You shouldn't have the responsibility to take care of your aunts under the sales contract, because you didn't have the rent contract, you gave the money, and that's it, and I don't think your relative is going to go to court, so you decide whether or not you're gonna help her.

The nuances that must be included in the transactions for the sale of immovable property are numerous: each case is unique; any small matter must be taken into account when signing a contract.

It may be recommended that experienced professionals be invited to both parties, as fraudulent schemes involving only a lawyer on the seller ' s side are common.

When a transaction is processed, the agreement is misconstrued, allowing the buyer to delay, if not fail, the transfer of ownership of the dwelling and to drag the buyer into a lengthy judicial process.