Contract for the sale of an apartment in equity property (model) 2023

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The contract for the sale of shares in an apartment is governed by the general rules for the transfer of ownership of real property.The difference between the purchase of an entire dwelling and the purchase of an entire dwelling is that the joint property may not be defined in the material equivalent (specific square metres) but rather gives the right to share real property, a transaction which must be signed only between persons who are legally capable, taking into account the rule that the share should be purchased primarily on the basis of article 250 of the Criminal Code of the Russian Federation.

The terms of the transaction

Before selling, it is necessary to make sure that the other owners of the dwelling do not wish to buy it at the seller ' s price.Purchase of a share (not allocated in kind by agreement with other users or in court) with maternal capital is difficult because the Pension Fund may not have such real estateThe seller shall notify all owners of the dwelling in writing of the possibility to purchase the share at the specified price and under the conditions offered; the notice may be given by a registered letter of notice of service, in person (in which case a receipt must be received from an accomplice) or by a notary; it will be necessary to contact the seller if the location of the equity owner is not known; the notice to the last address of the proprietor ' s notice will enable the seller to avoid possible legal proceedings.

Contents of the contract for the sale of shares

Once the notice has been issued and within one month of its delivery, the seller may sell the share to any capable person; the contract shall be in writing; it shall not be certified by a notary, but it is appropriate to do so for insurance purposes.

The treaty provides for the following information:

• Name;
• Date of discharge;
• Information on the seller and buyer: FIO, passport data; if the contract is issued by legal representatives or trustees, the names of the representatives, the number of credentials should be indicated;
• Information on the voluntary nature of the contract (that the parties are not deprived of legal capacity - understand the content of their legally important actions);
• The size and name of the share (the percentage in the dwelling), the housing area (total square, number of rooms), the address of the apartment, the floor;
• Information on the documents on the basis of which the facility is owned by the seller (contract, certificate of inheritance, judgement, etc.), the registration number of the State registry, the desirable purchase of the share that is owned by the seller for sufficient time;
• Information on the ownership of the remaining shares (bases, transfer numbers);
• Full value of the share in the figures, duplicated in text, e.g. 500,000 roubles (five hundred thousand roubles);
• The period of time during which the buyer is obliged to pay the share is usually calculated in days from the date of the State registration of ownership (receivement of the EGRN statement). It may be provided for the right to retain the seller ' s deposit until full payment is made or excluded;
• Information on the reliability of the price as well as the risks that may arise for the contracting parties if any of them has concealed the true value of the share; substantial overestimation of the price as well as sale at the lowest value (to conceal the contract of surrender) may be grounds for invalidating the transaction;
• The seller ' s guarantee of the authenticity of his passport, which establishes documents, can be specified separately that before the sale, the share is not given to anyone else, is not secured, seized or leased. The parties have the right to write in the contract that the share is not in the rent, has no hidden defects that the seller does not know about;
• The buyer ' s satisfaction with the quality of the share, the inspection of the apartment and the failure to detect defects and defects unknown to the buyer.

The contract refers to registered persons who live permanently or temporarily in an apartment and who will retain the right to use real estate after registration of the property with the buyer.

It is important to agree on the date (usually in days) for the signing of the certificate of transfer of the share after its registration in Rosreestre.The transfer document shall be produced only after calculation.

It refers to the parties, the date of the transfer of the share to the actual ownership of the buyer, the list of assets that may additionally be relied upon for the purchase of the share (if limited to a room, it is possible to list the interior items – furniture, household appliances, etc. – if the seller agrees to give them).

The buyer also has access to auxiliaries, such as kitchens, toilets, halls, storerooms and common household property (lifts, etc.).

Account shall be taken of the absence of charges, debts for LAC services, including major repairs, and if there are debts for public utility services, they shall be paid by the previous owner of the share, except for the debts for capped repairs, which shall be transferred to the new owner of the share (art. 158, para. 3) of the LKR.After paying the seller ' s debts, the buyer is entitled to claim compensation for the material damage.

It may be possible for the buyer to refuse to perform the contract of sale if the seller does not wish to transfer the share within the specified time.

These are: the time of acquisition of ownership, the buyer ' s obligations to pay housing taxes, other maintenance burdens and expenses.

The deal reports on the moral and psychological state of the counterparties: that they are in their right mind, deep memory, fully aware of the significance and consequences of their actions.

The seller and the buyer are entitled to share the costs of the contract (if they use the services of intermediaries) and the registration of property rights in Rosreestre (for the payment of the public service).2,000 rubles.

If the share is purchased by a legal person, the duty will be22,000 roublesThe receipt should be made available together with other documents in Rosreister.

Information on the duty may be requested by the agency through the system of public and municipal payments.

download the contract for the sale of the share in the apartment (model)

Documents in Rostreister

In order to register ownership, it is necessary to provide:

• - The application is processed by a specialist of the department;
• 3 copies of the contract; one remains with the registrar;
• A copy of the seller ' s and buyer ' s passports;
• Information confirming the dispatch or delivery of the sale of shares, written refusals (if any);
• A legal document for the share of the seller ' s ownership of the EGRN statement;
• Technical documents for the share - if they are separate in kind;
• A receipt for the payment of the mistress.

The seller and the buyer must agree on the procedure for the transfer of money, the manner of payment. The date of signature of the transfer document should be agreed in advance. The date of issuance of the title is up to 15 days. The buyer receives an EGRN statement and a copy of the contract. Contracts issued from 01.03.2013 are not subject to registration in Rosreestre, but an EGN statement will be required.

Before a transaction is processed, it is necessary to be sure of the seller ' s ability, de facto adequacy and authority; it is recommended that all information on the right holders of the share, the grounds for the acquisition of the property, the existence of the encumbrances be clarified in advance.

A transaction between relatives is allowed, but then the buyer is not entitled to a tax deduction, i.e. a return of 13 per cent of the purchase amount.The acquisition of a share in an apartment means a right, but does not always guarantee the actual possibility of living on a dwelling.

In addition, it may be necessary to request a defence before a court - to require a procedure for the use of specific housing units forming common property.

If you have any questions, you can ask the company's lawyers free of charge in the form presented below, and the competent authority's response will help you make the right decision.

How to formalize a contract for the sale of shares in an apartment? Reference to the main publication

Model contract for the sale of equity property

Property ownership implies that the facility has several owners who have equal rights to dispose of their property.

Selling such houses or apartments is more difficult than having one owner. At best, the number of paperwork will increase, and at worst, the reluctance of other owners to compromise will have to be confronted.

Let's figure out how property sales take place in 2023.

What's equity property?

Real estate ownership in shares means that the property has more than one owner whose part is officially identified in the ownership documents.This distinguishes share ownership from joint ownership, where parts are not singled out.

Share ownership arises in several cases:

• Privatization of the dwelling by several registered tenants;
• The inheritance of property by several persons;
• Disbursement of shares of the property jointly acquired by the spouses.

The share of the dwelling does not mean that one tenant owns one room and the other one owns the other.Parts are contingent objects, although their area is written in real estate documents.In some cases it is possible to give shares in kind; the shares may be shared evenly between the owners, but sometimes there are cases where one person has more parts than the other.

Citizens who own an equity dwelling have equal responsibilities.They must protect the property, pay communal payments, rights are also equal, but in some situations are limited; for example, a citizen cannot sell his or her share without the notice of the other owners.

Sale of equity property in its entirety

The sale of an entire property divided by parts has a number of features that distinguish it from the sale of individual property:

1. A sales agreement shall be drawn up on behalf of all the owners of the property if one person cannot be present at the time the transaction is concluded, it shall be declared null and void; however, the interests of all owners may be represented by one person if he is in possession of a notary ' s power of attorney from the other co-owners.
2. If one of the co-owners opposes transactions with his share, it is not possible to sell all the property without his permission.
3. If one of the owners of a part of the dwelling is a minor, it may be sold only in agreement with the guardianship authorities; without a permit document, the transaction will be considered illegal; the form of the application to the guardianship authority must contain information that the property rights of the children have been respected and that they will be the owners of another property that does not give rise to the characteristics of the property.

The label of the contract must necessarily contain information on all sellers as well as the following data:

1. Title of the document.
2. Date and place of detention.
3. Information on sellers and buyers, including FIO, date of birth, place of registration.
4. Information on the subject matter of the transaction with full description and price.
5. Share information.
6. Information on the absence of restrictions on the transaction.

To download the contract for the sale of an apartment in equity ownership

The contract consists of several copies, each bearing the signatures of sales parties, buyers and notaries.One copy remains in the notary office, and all the parties to the transaction receive the same paper.

When selling property that is owned for less than three years, the owner of each part undertakes to pay a tax deduction for his share. The deduction is calculated on the basis of the price of each part. Accordingly, if it is less than 1 million roubles, the NPFL is not required to pay.

Sale of a separate share

The second reason that complicates the case is the primary right to buy shares from co-owners.This means that one of the owners of an equity dwelling cannot sell its own property without offering it to another tenant.There are a few nuances that need to be taken into account when making such a sale:

• Notification of an accomplice must be given no later than 30 days before the expected sale;
• If, within 30 days from the date of notification, the co-owner does not wish to purchase the property, it may be sold to a third person;
• A third party may sell the object for a price not exceeding the price offered to the co-owner.

If it is not possible to negotiate with the co-owner, there is a possibility of bypassing, for example, a third person ' s gift.

However, such an option should be as cautious as possible, because such an operation could be declared invalid because of the alleged fraud.

Another way to sell your share is by initially offering the co-owner a high price for a portion of it that he cannot agree to.

Sale of parking space

Until recently, car-masters in the parking lot were subject to joint ownership, and there were a number of problems with the sale of the parking space.The owner of the vehicle should have notified the rest of the parking lot in advance of the upcoming sale and asked them to buy the property under the prevailing right of ransom.

However, the procedure for selling machinery in equity ownership changed considerably in 2023.

The legislation has been amended to allow parking space to be designated as a separate property.

This will significantly simplify the administration and use of the facility, including its sale, donation and will on inheritance.

Contract for the sale of joint property of spouses 2023

Reading time: 6 minutes

In addition to the nuances associated with the use of such property, there are certain features of its sale; quite often, the owners enter into a contract for the sale and sale of common property (CPD), and let us elaborate on what it is and how it should be processed.

Concept and types of common property

The joint property consists of belonging to a number of owners, all of whom own, use and dispose of the property at their discretion, without disregarding the interests of the other owners.

The right of owners arises for both divided and indivisible things.

Two types of common property are identified:

• The share of each of the participants is determined.
• Together, ownership shares are not identified at the outset.

The transfer of property from joint property to equity is at the discretion of the parties and vice versa in cases established by law.

The characteristics of the common property regime are regulated by the Civil Code of the Russian Federation, which is the main legal instrument in this field.

Certain aspects are regulated by certain laws and by-laws, and matters relating to the registration of this type of property are covered by the Law on State Registration of Real Estate of 13.07.2015 No. 218-FZ.

Realization of joint property has its own characteristics, and if there is no share in the apartment, all owners act as one owner, acting together.

None of the owners can sell their own dwellings without the consent of the other co-owners.

This type of ownership is most common among husbands/wives, as well as among peasant (farm) farmers (CPFs).

Sale of flat in equity ownership

Each owner has the right to use and dispose of his or her share of property at his or her own discretion; however, when selling real estate, he or she must first propose the purchase of the property to the rest of the co-owners of the property.

Only in the event of the latter ' s refusal does he have the right to sell the object to other persons.

There are two types of shares:

• Real – in kind and tied to specific parts of the dwelling;
• Perfect is abstract, undistinguished.

Procedure for the preparation of the OST

A contract for the sale of an apartment by spouses in shares involves the establishment of a part that belongs to each of them; in most cases, the property is divided in half, but other conditions may be provided for in the transaction.

The norms of the Family Code of the Russian Federation give spouses the right to change the regime of joint ownership to joint or separate property.

If the shares are not initially specified in the contract, this would not prevent further separation of the property.

Before entering into a transaction, many sign a pre-sale contract into equity property, thus securing the willingness of the parties to dispose of a share of the immovable property.

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When selling a part of it, the other party must first be notified, since it has the primary right to buy it.

Partner ' s agreement to sell an apartment

In accordance with family law, the consent of the spouse to the sale of real estate is an important condition for the sale of joint property.

The consent of the partner is subject to notarial certification.

Authorization is not required only when the property is considered personal.

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Features of the content of the contract of sale

The form of the OST, with the consent of the spouse, remains unchanged in 2023: the contract is concluded in writing by means of a single document.

One of the essential conditions of the OST is the price of the transaction; a contract that does not specify the amount can be considered null and void.

The law did not require notarization of the contract, so the matter was left to the parties.

The characteristics of a contract for the sale of an apartment to the spouse depend on the ownership of the property: joint or joint property.

In the first case, the couple acts in their own interest as a single person; given that the text of the document should list all owners of the dwelling, the parties to the contract should be no less than three.

Such a contract may be drawn up either by legal counsel or on its own; in the second case, the model of a contract for the sale of an apartment in the common property of the spouses should be examined in advance.

When the equity property is sold, the agreement shall state the price of each share as well as the exact description thereof; the document shall be in writing and, if the parties so wish, may be notarized.

The seller must not forget the primacy of the right to purchase the share by the other co-owner; this is a month ' s time, after which it is possible to sell the dwelling to any buyer under the same conditions.

In order to get the document right, look at what is a model contract for the sale of common equity property.

Subject matter

Another essential condition of the contract is its subject matter: the subject matter is the immovable property itself:

• apartment,
• home,
• other construction,
• A plot of land.

The text of the document should indicate data for which it is easy to determine which object is to be transferred, in particular:

• address of real estate,
• area,
• No. No. No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.

In the absence of these particulars, the contract will be considered as unconfirmed.

Transfer of contractual funds

The document generally indicates, in addition to the amount, how the buyer is required to hand over the funds to the seller and within what period of time; by agreement between the parties, both the cash and the non-cash settlement is used.

In recent years, the method of paying through bank cells has gained popularity, the buyer deposites money in it and the seller deposites the key to the apartment, and there is a ban on obtaining funds until the parties have settled the formalities with the documents.

Transfer of real property

At the conclusion of the OST, the seller undertakes to transfer immovable property to the second party to the contract; the transfer of the object takes place at its location; proof of acceptance/transfer is the relevant act.

The seller ' s obligations are deemed to have been fulfilled not after the conclusion of the contract but after the signing of the act of acceptance and transfer.

The act records the state of the object and its conformity with the information specified in the contract; the contents of the document may vary according to the terms and subject of the agreement.

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From then on, the buyer becomes the payer of utilities and other services.

Procedure for registration of ownership

The Federal Act "On the State Real Estate Register" entered into force on 1 January 2017.

1. By making a personal appeal to Rostreestra's office.
2. Through the multifunctional center.
3. In the mail.
4. Electronic.

There has also been a reduction in the length of service delivery, which now ranges from 5 to 10 days depending on the type of service provided.

List of required documents

In order for the share to be allocated by the sales contract or for property with already allocated shares to be sold, the following package of documents must be provided for State registration:

• Statement;
• OST;
• A power of attorney if documents are submitted through a representative;
• A receipt for the payment of the mistress.

Payment of the Minister ' s office

State registration, in accordance with the provisions of the Tax Code of the Russian Federation, is subject to a State duty, which amounts to 2,000 roubles for natural persons.

The procedure for calculating the collection, as well as the relevant dimensions of the public service, can be found on Rosreestre's official website.

Realization of the percentage of accommodation

Each owner has the right to dispose of his or her share of the property, but certain features must be taken into account:

1. For a part of the house to be sold, the share must be real, not perfect, i.e. allocated in kind.
2. Co-owners of a dwelling have priority in the purchase of a excluded share.

Features of the priority right to purchase a share

The seller must warn the other co-owners that the share of the common property has been taken away in a month.

Each owner has 90 days to challenge the sale and transfer the buyer ' s rights and obligations.

If a party to a contract is satisfied that it does not intend to acquire another person ' s share, it is entitled to write a waiver without waiting for the expiry of the month ' s period; the document is prepared in a free written form; it must indicate the parties ' offer of purchase, address and FIO, and their passport data.

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There is no transfer of the right to purchase under the law.

Land rights in case of sale of the house

• When any real property is sold, the land in equity is transferred to the buyer.
• According to the law, if the seller is the owner of the land on which the object of the sale is located, ownership of the land that is under construction and necessary for its use shall be transferred to the buyer unless the law otherwise provides.
• The sale of real property that is not owned by the seller is permitted without the owner ' s consent only if this is not contrary to the conditions for the use of the property.

Transfer of real property of inadequate quality

If the seller transfers the property of a quality other than that provided for in the contract, the buyer may claim:

• Price reductions;
• Addressing deficiencies at the seller ' s expense;
• Reimbursing of costs incurred to correct deficiencies.

When significant breaches of contract terms are identified, the buyer is entitled to:

1. To disregard its obligations under the contract and to demand the return of the amount paid.
2. Require replacement of goods of inadequate quality.

Features of the acquisition of housing during marriage

The seller ' s joint property is most common in marriage, because almost all acquired by the spouses are considered to be jointly acquired property, and it is assumed that the husband and wife share equal parts.

Some spouses prefer to allocate shares initially so that they do not have to do so in the future.

Not all property acquired during marriage is considered to be joint property; in the right of common share ownership, the shares of the spouses are often ideal, not in kind; therefore, agreements and marriage contracts are becoming increasingly relevant.

Married couples ' housing arrangements

When it comes to buying real estate, a couple often wonders how best to obtain a place to live.

The most common option is joint ownership with undistributed shares, and more and more recently, the purchase of an apartment into shared property is being negotiated, and some spouses have defined a separate regime of use through the conclusion of a marriage contract.

In each case, it is up to the couple to determine which option is best suited to them.

Conclusions

The issue of the acquisition of common property is of relevance to many citizens, especially those who are married, and in recent years they are increasingly willing to enter into a sales contract instead of a division of property, which makes life much easier for spouses in the event of divorce and minimizes property disputes.

Given the general usage regime, this type of contract has its own characteristics, and yet similar transactions are the best way to process real estate.

Contract for the sale of an apartment in equity property (model) 2023

Main / Housing disputes / Contract for the sale of an apartment in equity property

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What can be easier to find a buyer and enter into a contract for the sale of an apartment? Theoretically, it's simple, but in the case of equity property, you have to take into account a lot of nuances – from the preferential right of purchase to the receipt of a receipt of money. Not everyone knows the tricks – there's fraud, non-payment of money, miscalculation of shares, violation of co-owners' interests, etc.

How to process a contract for the sale of housing in common equity property? What is reflected in the content, where it will be registered and how much it will cost? Please find answers in our article.

How can a contract for the sale of an apartment be drawn up correctly?

First of all, emphasis should be placed on the nuances of the sale of the flat in equity ownership; the right holders may dispose of their shares differently; often by selling the whole apartment; however, they may realize their shares separately, under several contracts with the buyer (art. 246, para. 2 of the Russian Civil Code).

Thus, the way in which the transaction is concluded is to be chosen:

• by one treaty- When the co-owners sell the dwelling in its entirety, and the agreement includes all available shares of the dwelling;
• Different single-buyer contracts- The sale of shares separately and with respect for the right of ransom (art. 250 of the Russian Civil Code).

If the owners decide to sell the apartment in its entirety, they are required to agree with each other. The signature of the sales contract (CPD) will require the presence of all the owners of shares in the office from the notary.

If there is a contract for the sale of a separate share in the apartment, two of the participants are the seller and the buyer.

What's better?Of course, a common agreement for all co-owners, the merits of such an approach are much greater, but there are two shortcomings – a reduction in the tax deduction (1 million rubles for all) and a lengthy discussion of the cost of the facility.

For more information on real estate under the SPC, read the article "Sale of an apartment in equity property".

Form and content

There are no specific requirements for the formation of a sales contract in the law, usually based on general provisions on how to arrange agreements between buyer and seller (article 549-550 of the Russian Civil Code).

Form of sales contract –Simple, writtenIt's filled in on a pre-printed form, less often written by blue paste. The form of the sheet is A-4, without corrections, fields, and foreign inscriptions.

The table of contents includes the following paragraphs:

• The settlement is the place where the DVC is signed;
• The date of the transaction;
• The name of the document;
• F.I.O. Salesmen - co-owners with shares in the apartment (identify passport details, dates of birth, address of residence);
• Buyer's FIO – similar information;
• The subject matter of the contract - the flat in equity, its address, the deck, the area, the cadastral number;
• Describe the size of salesmen's shares (e.g. Ivanov - 1/2 part, Gabriel - 1/4 part, and Jartsev - 1/4 part);
• Please indicate the documents on the basis of which the co-owners obtained a share of the property (e.g. the act on privatization of the dwelling);
• Real property price – market or cadastral (inventory);
• A price tag for a share – if the dwelling is sold by fractions (distinguished separately);
• Information on the transfer of the deposit or the full amount of the dwelling – when it occurred, as confirmed (usually indicated by the receipt);
• Full/incomplete calculation;
• No burden on the apartment - arrest, bail, third-party claims (including children);
• Information on the inspection of the equity dwelling, defects found (if any);
• The rights, duties and responsibilities of the participants in the operation;
• Information on the settlement of disputes, e.g. by complaint or through the courts;
• Further action by the buyer is the registration of ownership;
• The period during which the transaction will be registered with the Rosreestra FCP;
• The absence of adverse factors - incapacity, illness, hidden motives (an additional notary study);
• The number of copies of the treaty is at least four (parties, one notary, one to the Cadastral Chamber);
• The signatories of the parties are the sellers and the buyers.

Shortly before the main contract is drawn up, the parties may enunciate their intentions in a preliminary sales contract.

It is important to support the OST with a transmission document on how to compile it and what to include in the text in the article "Acception-transfer of the share of the dwelling".

Model contract for the sale of an apartment in equity property 2023

 

List of documents

A supplement to the treaty of the parties is a package of documents – it confirms the information that was specified in the agreement.

Prepare the following documents:

• Passports or birth certificates for children under 14 - copies and originals;
• The documents for the apartment are provided by all co-owners;
• Property registration documents - certificates or withdrawals from the EGRN;
• A copy of the trust – if there is one representative acting on behalf of the sellers;
• An extract from the EGRN on the characteristics of the dwelling (the notary himself asks for a certificate, but it may be needed in Rosreister);
• Transport and cadastral documentation;
• A certificate for the payment of rent debts is issued to the ERC upon the application of each of the sellers;
• A certificate on the composition of the family is otherwise an extract from the apartment book;
• gear (receipt/transfer) act.

The basic list can be changed. The registrars can also request documents on the situation – for example, the consent of the second spouse, the act of the guardianship authorities, the letter of notification of the sale of the share in the apartment, the BTI opinion that there are no unauthorized alterations, etc.

The date of receipt of a series of certificates may be up to 2 to 4 weeks, bearing this in mind when collecting documents.

Do you need a notary?

Legal transactions with equity property are subject toMandatory notary check-inThe new introduction has been adopted since 2016 and has not lost its relevance since then (art. 42 of FL No. 218 of 13.07.2015).

True, as of July 31, 2023, the situation will change – if the apartment is sold by all the owners, it will be possible to do so without a notary.

One of them.new functions of notary- Transfer of electronic documents to the Rosreestra FCN.1 February 2023As a result, salesmen do not need to contact the IFC or Rosreest personally, and a notary will do so, and on the basis of the verification, the parties will issue a ready statement of ownership from the EGRN.

How much is a contract for the sale of an apartment?

In the case of a notary, a budget for his services should be prepared in advance; the costs vary according to the nature of the work and the service region.

The notary ' s signature and stamp on the sales contract will be in the amount of0.5 per cent of the price of an equity dwellingThe law sets a minimum and maximum tariff on the State Ministry - 300 and 20,000 rubles, respectively. Who should pay for this? It should be agreed in advance. Usually all costs are borne by the buyer or they are divided in half - 50 to 50 per cent.

The drafting of the turnkey treaty is another 2,000-5,000 rubles.

The additional services of a notary (UTH) amount to between 2,000 and 8,000 rubles.

Buyers also bear the cost of government fees for registering a deal in Rosreister –2,000 rublesIf there are more than one customer, the government will be divided according to their shares.

Errors in contract drafting

Often, the parties to a transaction make mistakes, resulting in the denial of registration of ownership rights, and there is an urgent need to correct inaccuracy, run around, request additional inquiries and waste time.

Lawyers have identified the most frequent errors in the design of the housing unit:

1. Lack of notary formThe seller and the buyer go directly to Rostreest and logically get rejected without a notary, there's no deal to be made, that's to be remembered.
2. Lack of consent of the spouseIf the share belongs to the husband and wife, it will require the consent of both, and before selling the joint share of the apartment, a notary must be visited and consent made on behalf of the good man (article 35 of the Russian Federation).
3. No authorization from the guardianship and guardianship authorityIn cases where children under the age of 18 or incapable co-owners are involved in a transaction, the consent of the city's guardianship board is mandatory, and in the case of a child, he or she must also have a share in the new apartment (an alternative is to transfer the money to a bank account).
4. Inaccuracy contract price- Depreciation/increase in the cost of an apartment may lead to sad consequences, especially if the price tag for co-owners is higher and the share on the side is much cheaper (art. 250, para. 3, of the Russian Civil Code).
5. Undefined settlement with seller- The contract contains a clause on the amount and timing of the rent.
6. No transfer certificate- Most Rosreestra offices won't accept the application unless it's in a package of documents.
7. Misprints- If there's a mistake in the contract, the transaction will be suspended. A single digit can lead to a refusal to register, and it's three months to search for and remove the typo.

Thus, in order to draw up a contract for the sale of an apartment in equity ownership, a notary must be visited. The agreement includes the terms: FIO of the participants, the address of the apartment, the size of the fractions, the price, the obligations, the method of calculation, and at the same time, the act of reception and transfer of the dwelling is being processed with the FCI.

The sale of total equity property carries risks – a lot of money is at stake; inaccuracy can turn into a subpoena, a loss of finance, and even the apartment itself.

It's important not just to draw up a sales contract, but also to take into account the risks so that there's no problem in the future.

So you'll be sure you're not gonna go after the crooks, save the money, and make a clean legal deal.

Look at the video on how to properly fill out a sales contract for an apartment:

How do you write down a contract for the sale of shares in an apartment?

A contract for the sale of a share of the dwelling is necessary for the joint ownership of the dwelling; this form of joint ownership of the right to dispose of real property has its own characteristics that must be taken into account.

Predominant preference for the purchase of shares from the second owner

When you decide to sell a share of the dwelling, it will not be as easy as it may seem at first sight, and the advantages of acquiring a part of the dwelling are the owners of other shares in the building, as is explained by article 250 of the Russian Civil Code.

In such a situation, the seller undertakes to send to the other co-owners a written notice indicating the requested value and conditions of enforcement.

The owners have 30 days to think and make a decision from the time of receipt of the notice, and only after the expiry of this period, the individual has the right to sell the property to outsiders.

If the priority purchase privilege is violated, for example, the dwelling has been sold earlier than the month due for reflection, other owners may apply to the court.

The important thing is that often the owners do not want to buy a part of the property themselves, and they try to prevent the seller from exercising his preference; this is the result of legal illiteracy, since no one can restrict the owner's lawful rights to own, dispose of and use his property (except in court).

General requirements for the drafting of the document

A contract of sale must be drawn up between the parties for the transfer of ownership. A model of 2023 can be downloaded from the site of the turret. A sample of 2023 can also be found with the mother capital. The text of the agreement and related procedures must be properly drafted and carried out.

The following requirements shall be displayed in this regard:

1. Fixed in plain writing: three copies are made, two of which are owned by the parties to the transaction and the third is sent to Rosreister.
2. A notary certificate shall not be required and shall be issued at the request of the participants.
3. The transfer of preferences by agreement shall be recorded.
4. The requirement of a privileged right to buy part from other co-owners must be met.

Subject to the above-mentioned rules, an agreement may not be declared null and void.

What is stated in the text

The signed agreement is a rather lengthy document which contains the following particulars:

• Joint statement by the participants (seller and buyer): Personal passport data, date and place of detention;
• The specific address of the dwelling, its location, the percentage(s);
• Cost of the facility;
• Conditions of payment (e.g., within one month of signature, the money must be transferred to the specified account);
• The basis of the enforcement (the evidentiary documentation relating to the prerogative of possession is attached);
• Guarantee of the legal cleanness of the facility (not on bail, without arrest, third-party claims, etc.);
• The procedure for the calculation (cash, non-cash);
• Information on the registered persons on the premises and the manner in which they are discharged after sale;
• Information that owners of other parts have been duly notified of the sale;
• The seller ' s obligation to transfer real estate (free of communal debt, habitable premises);
• Confirmation of the capacity of the implementing entity (that the signature does not take place under pressure and threats, is in mind and health);
• Act as soon as it is signed;
• Guaranteeing the security of the property until the new tenants are resettled;
• Preferences and obligations of the parties;
• Distribution of costs associated with the processing process.

An annex to the treaty is an act of reception and transmission, but the list of information is not exhaustive and can be expanded at the request of the parties or at the request of the law in relation to a particular situation; for example, if an agreement is concluded between a close person, it is possible to specify the relationship, and a contract between relatives of the 2023 model can be found on the Internet.

The certificate of acceptance of the share of the dwelling under the sales contract will download a sample of 2023.

Features of maintenance with participation in the payment of funds from the mother ' s capital

Maternal capital transactions have their nuances, which should be taken into account:

1. In addition to the principal, a portion of the price covered by public funds is prescribed.
2. Claims for both parties: buyer ' s account to which State aid will be sent and seller ' s account to which the full amount will subsequently be transferred.
3. It's written down about all the dealers.

   If the other co-owners have given the prerogative of implementation to one person, this fact must also be stated.

4. All children and spouses who have reached the age of majority shall be registered, and a notary must be certified when giving a preference for an order to another spouse.

The rest of the information is standard and does not need to be singled out in a separate unit.

It is worth noting that the whole family, including children under 18 years of age, is the buyers of the share, and the parents state in the agreement that, as legal representatives, they sign the document on behalf of their children.

Registration procedure

The final step in entering the owner ' s legal rights is registration, which requires the payment of the State duty and the provision to the authorized authority of the necessary list of documents, namely:

• Identification of participants;
• The sale agreement itself;
• The act of acceptance and transfer of immovable property;
• Application for registration;
• Request for consideration of the transfer of the prerogative of possession;
• Evidence of the issuance of notice to other owners of the proposed sale (post notice with markings, copies of notices);
• Confirmation of refusal to acquire other owners.

Taxation on the sale of real property

The sale of property by a citizen results in profit and, consequently, an obligation to pay an income charge of 13 per cent of the total amount received; however, this rule does not apply to all.

Exceptions include the following situations:

1. If the share of the property sold has been owned for more than five years, the holder is exempt from the payment of the tax on the sale of real property (article 217.1 of the NC of the Russian Federation has recorded the period of time indicated and article 220 of the Code of Criminal Procedure prescribes the possibility of exemption from the tax burden).
2. If the premises had been owned for less than five years, the tax had to be paid for more than 1 million roubles; for example, a woman had sold her share of the apartment for 660,000 after her divorce. She would not have to pay the fee because the income was less than the amount set by law.

The contract for the sale of shares in the apartment is a sample of 2023 downloads.

The lawyer answers.

1. The sister owns half of the apartment, the second part is attached to her brother. His whereabouts are unknown. How does she realize part of the apartment? According to article 250, paragraph 2, of the Russian Civil Code, it is necessary to report a personal wish on the basis of the coordinates of the dwelling. To wait exactly one month and put half of the apartment on free sale.
2. What's a simple written transaction? It's a lack of necessary assurance by a notary, which reduces the cost of processing.
3. How to acquire a dwelling with its people? Yes, the agreement should provide for the conditions for removal from registration and within what time frame.
4. How can you check the legal purity of the transaction? You need to look closely at the documentation that gives you a reason to believe you're the owner. You can get an extract from the register for this. You can look at the data from the notary in order to know the acquisition process. However, in order to obtain this information, the owner himself has to cooperate. If he refuses to help you, he is likely to have something to hide.
5. What kind of taxes should be paid for the sale or purchase of housing? The buyer does not pay any fees for the acquisition of real property, but the seller has to pay an income fee in 13 per cent of the situations specified by law.
6. Two of them agree to register a preference and a third of them don't. Can you do a 2/3-per-cent procedure? Since the dwelling was purchased on one contract from one seller by three people at the same time, the registration must also be submitted by all of them. Since the person did not sell the share of real estate but sold the entire area, the exclusion from State registration entails the application of liability.