Contract for the sale of apartment 2023 (model) as a form of self-writing, form a contract for the sale of an apartment

Each of us has to sell or buy an apartment sooner or later. Is it possible to process all the documents for the sale of the dwelling on our own, or should you contact the agency?

Documents required for the drafting of the treaty

A contract for the sale of an apartment is made in plain writing. If you want, you can assure it to a notary, but it is not necessary to do so.

From 29.12.2015, notary participation became mandatory in transactions involving shares of the dwelling, as well as in the sale of property belonging to minors; the rest of the real estate transactions are still not required to be certified by the notary.

What documents would be needed in the construction of a contract for the sale of an apartment?

First of all, a certificate of ownership of the apartment being sold will be required, in addition to the certificate, a legal document that confirms the basis for the right of ownership of the seller of the dwelling, as follows:

• Sales contract;
• Agreement on the transfer of the dwelling to citizens ' property (privatization);
• A gift contract;
• A certificate of right to inherit;
• The court ' s decision on the recognition of ownership.

Both sides, i.e. the seller and the buyer, will also need passport data.

In addition, a statement of who is registered in the dwelling should be kept; if no one is registered, the certificate will also be required.

If the seller of the dwelling is married, the second spouse will be required to sell the dwelling; if the owner is a minor, you will have to take a decision to allow the sale of the dwelling.

Since 29.12.2015, the decision of the guardianship authorities has been requested by a notary.

And, of course, you'll need a receipt to pay the Minister of State for the registration of the transfer of ownership of the property is 2,000 roubles, and the payer of the Ministry of Public Affairs is the buyer of the apartment.

Substantive terms of the contract for the purchase of an apartment

In order for a contract to be considered a prisoner, it must agree on all the essential terms of the transaction. What conditions are considered essential in this case?

First of all, it is necessary to specify the address of the dwelling, the size of the dwelling, the number of rooms, the floor and the cadastral or contingent number of the real property.

• Information on the price of the dwelling and the calculation procedure are also mandatory.
• It is desirable that, when filing for registration, the calculations be completed and that a receipt confirming this be attached to the documents.
• If, at the time of registration of the transfer of ownership, the contract does not state that the settlement has been completed, or the contract will provide for a deferred or deferred payment, a pledge will be imposed on the registration of the dwelling.
• Another point that needs to be reflected in the contract is how an apartment is handed over from the seller to the buyer: when it happens, under what conditions and in what order.
• If there are persons who retain the right to use the dwelling after it has been sold, this must also be stated in the contract.

Filling out of contract

You can download a sample of the housing contract at the end of the article.

The contract cap shall first be filled in and shall indicate the place where the treaty was drafted, the date of its signature and the parties to the treaty:

• Name, surname, patronymic;
• Date of birth;
• Place of birth;
• A series and passport number;
• By whom and when the passport is issued;
• Address of residence registration.

It is further necessary to specify the dwelling to be sold: the address of the dwelling, the size of the dwelling, the number of rooms, the floor, and the cadastral or imputed number of the dwelling must be indicated.

Paragraph 1.2 of the contract specifies the legal document as well as the particulars of the certificate confirming ownership of the dwelling in question.

The particulars in paragraphs 1.1 and 1.2 of the contract must be specified in precise conformity with what is written in the certificate of ownership.

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2. Since 1 January 2015, a certificate of ownership has been issued on a regular form rather than a stamp form.
3. 

Paragraph 2.1 should specify the contract price and that, at the time of signing the contract, the buyer had paid the full amount of the money (of course, only if it was so).

In paragraph 3.1, it is desirable to state that the transfer of the dwelling is made without a transfer certificate; if not, you will need to draw up a transfer document in addition to the contract and attach it to the contract of sale.

In paragraph 3.6, mention should be made of the persons who retain the right to use the dwelling after sale or lack thereof.

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• Sections 5 to 7 are generic and generally require no change.
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• Section 8 of the contract again lists the details of each of the parties, i.e. the seller and the buyer, and bears the signatures of the parties.
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First, the full name, name and patronymic are written, followed by a signature.

After the signing of the parties, there is a receipt that confirms that the seller received the full amount of money from the buyer.

Once a contract has been completed, it must be printed out; the contract must be printed on one sheet of paper from two sides, in three copies; you can download a model of the contract at the end of this article.

Once a contract of sale has been signed, it must be registered; on the basis of article 553 of the Civil Code of the Russian Federation, the transfer of ownership of an apartment is subject to compulsory State registration in Rosreestre.

For State registration, the parties must jointly submit to Rosreister the following documents:

• Application for registration (to be completed in Rosreister);
• A contract for the sale of a copy of the dwelling for each party plus one for the registrar;
• A certificate of ownership;
• A legal instrument;
• A certificate of persons registered in or absent from the apartment;
• If necessary, the consent of the second spouse to the sale of the apartment and the order of the guardianship authorities;
• A receipt for the payment of the mistress.

If one of the parties (seller or buyer) deviates from State registration, the other party may apply to the court.

On the basis of the results of the registration, the new owner will be entered into the Single State Register of Rights (EGRP) and the buyer will be issued a certificate of registration of ownership, from which point the buyer becomes the full owner of the apartment.

Model contract for the sale of an apartment

How can a contract for the sale of an apartment be drawn up on its own?

The contract for the sale of an apartment, the standard model of which is present in the article, has certain nuances in 2023, which are taken into account in the use of a realtor or in self-made form. The lost document can be restored under certain conditions.

Processing procedure

In order to produce a valid contract for the sale of an apartment, it is necessary to look at the basic requirements laid down in the civil law, namely, chapter 30 of the Civil Code of the Russian Federation.

Any transaction involving the sale or purchase of a dwelling takes place according to a standard scheme:

1. Collection of documentation required for the transaction.
2. Formulating a sales contract (or a supplementary agreement in the form of a preliminary contract and then a substantive contract).
3. Signature of the parties ' papers and drafting of the transfer document.
4. Registration of the transfer of housing rights to another owner (note that registration of a contract is not required since 2013).

• Model contract for the sale of an apartment
• Model provisional contract for the sale of an apartment subject to the condition of deposit
• Model transfer certificate for the purchase of an apartment

The parties to the transaction

1. Participants in an ongoing transaction involving the transfer of property from one person to another for a specified payment are the seller and the buyer, who may be both natural and legal persons.
2. If one of them is an underage citizen, the participation of a representative with a valid legal power of attorney is necessary to protect his or her interests.

Documents required to carry out the transaction

The contract of sale begins with the preparation of the required papers and the verification of the documents of the owner of the dwelling (this is necessary to avoid disputes in the future or to render the transaction invalid).

• Documents confirming the owner-seller ' s right to dispose of and own a dwelling;
• The passports of both parties to the transaction;
• Original power of attorney (if the parties act through representatives);
• Certificates confirming that there is no debt for housing and that people are registered at this address;
• A formal consent from the PLO (if the seller has minor children whose rights may be affected by the transaction);
• The notary ' s certification of the husband ' s permission and the marriage registration certificate (if the spouse has died, a certificate from the registry office will be required for his death; if the marriage has been dissolved, a similar certificate confirming the divorce is required).

It is recommended that the contract for the sale of the dwelling be presented in at least three copies (one for the parties to the transaction, one for the registration authority).

Requirements for the drafting of a contract

The basic rule for the issuance of a standard provisional or basic document in 2023 is strict compliance with all points of Russian law.

If the document is prepared on its own, the parties are encouraged to consult an example, which may be downloaded from above; if, with the help of a notary, a lawyer or a real estate lawyer, the experts themselves usually provide the form.

The basic content requirements are:

• The subject matter of the transaction (i.e. apartments and their detailed description) and the estimated cadastral value;
• The period during which the seller will have to leave the occupied dwelling;
• Method of payment and timing;
• Responsibilities and responsibilities of the parties;
• Other conditions not contrary to 30 Chapters of the SC of the Russian Federation (e.g. deferred payment).

Without specifying how much the excluded dwelling is worth, the contract for the sale of the apartment can be challenged.The value of the transaction is also mandatory (555 articles of the Russian Civil Code), and the payment may be made in a number of ways according to the agreement of the parties (preliminary contract provides for payment of advance, advance payment, or deferred payment).

The subject matter of the transaction must be detailed, including the address, the number of rooms available, the space of the room, the deck, etc.

A contract for the sale of an apartment must be in writing, in accordance with article 550 of the Code of Criminal Procedure of the Russian Federation; although the law does not prescribe a uniform form for the preparation of a document, the content must include the same items as the sample may be downloaded above.

A notarized contract for the sale of an apartment is required only if the owner of the dwelling is partially incapable or a minor (2, part 30, article FL No. 122 of 21 July 1997).

Preliminary treaty

This type of supplementary agreement is signed if both parties wish to guarantee themselves before the transaction takes place; a preliminary contract for the sale of the dwelling may be prepared by themselves or by a specialist (e.g., a lawyer, a real estate agent).

The list of documents required to process the transaction does not differ from the list of documents required for the signature of the main document.

Obligations of participants (or their representatives where there is a power of attorney) if there is a prior contract for the sale of an apartment:

• The buyer guarantees the purchase of the dwelling in the future within a specified period of time;
• The seller transfers its rights to the buyer;
• a possible indication of the amount of the advance.

A provisional contract for the sale of an apartment must include a condition on the period during which the buyer intends to purchase from the seller the dwelling specified in the text of the document; if the period is missed, the contract will be terminated.

The transaction may also be cancelled upon signature of the relevant supplementary avoidance agreement.

Model agreement for the avoidance of a contract for the sale of an apartment

Recording of the transaction

In 2023, a contract created by itself or with the help of a real estate agent does not require registration, but the transfer of housing rights must be re-registered with the IFC or Rosreister (551 articles of the Russian Civil Code). The cost of a public service depends on the status of the parties:

• 2,000 rubles for citizens;
• It's 22,000 rubles for a lawman.

The paid fee form is transferred to the IFC with other documentation.

In order to know how to re-establish the sales contract, if it has been lost after registration, the application form should be submitted to Rostreister either by itself or through a representative (if there is a power of attorney).

Avoidance of the transaction

The buyer may terminate the contract at any time, but it is important to consider whether a deposit has been made, since the advance payment will remain with the seller if the transaction is cancelled.

If the owner of the dwelling has initiated the termination of the transaction, the value of the deposit shall be returned to the buyer in an increase of two times the value; in the absence of the condition of the deposit, the parties shall be exempt from penalties and may sign an agreement to terminate the contract.

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

The contract for the sale of shares in the dwelling has certain features that must be taken into account in the transaction: if the dwelling is owned by several owners, this cannot in any way prejudice the rights of the other owners by order of their parts of the property; the law allows for the removal and acquisition of shares of the dwelling when the conditions laid down by the owner are met.

Probability of ransom of shares by other owners

The owner has the right to dispose of only that part of the property that he owns, but the other co-owners have the right to buy it first.

If it has not been sent, the owner may legally sell the property at a price not lower than that specified in the notice.

If such a right has been violated and the share of the dwelling has been placed for sale before the end of the month, it may be restored to the courts; the court may transfer the powers and obligations of the buyer who purchased this part of the apartment illegally to the owners whose interests have not been met.

How to allocate a share of the apartment in kind

Of course, this is theoretically acceptable if you make a separate entrance to the living space for each owner of a part of the dwelling, and it is easier to pay monetary compensation to the donor seeking separation by the other participants in the process, and the owner who sold his or her part of the dwelling loses the right to the general use of the facility.

In a situation where the accomplices cannot find mutual understanding and reach consensus, the case may be decided by the District Court in the place of residence, and the application must contain information on:

1. Requisitions of the passports of the parties to the dispute;
2. Request for a share in kind;
3. Grounds for making claims;
4. Data on the outcome of pre-trial proceedings;
5. Documents attached to the suit.

The court may refuse to separate parts of the dwelling for various reasons; the most common of these is the indivisibility of the space; in the proceedings, the judge may prescribe a special arrangement for the use of the facility; for example, to provide each owner of the room with an apartment to live in; but immovable property, in this case, remains in the legal status of common property.

How to make a contract for the sale of a percentage of a dwelling

It should be borne in mind that a transaction with other interested persons is possible only if there is a refusal by the other tenants to carry out the transaction, even if their location is unknown; notice of the transaction being prepared should be sent to the last known location of such entities.

The contract has a standard form and is signed by all participants in the process and does not need to be notarized; it is issued with the necessary documents to the territorial unit of Rosreestr to register the transfer of rights to part of the dwelling from one person to another; the contract must include information on:

• The passport data of the parties involved;
• Specific description of the share to be realized and of the facility itself;
• Value of property sold;
• List of tenants.

Model contract for the sale of shares in an apartment

In drafting the document, account must be taken of its binding conditions:

1. A joint decision by the seller and the buyer to sell part of the dwelling with the details of their passports, the place and date of its formation.
2. The most detailed description of the site to be sold, including the technical and cadastral characteristics as well as the exact location.
3. The price of the share and the manner in which it is paid.
4. Reference to the document is the basis for the ownership of the property.
5. The seller ' s guarantees of non-arrest, encumbrances and collateral obligations for the share.
6. Conditions of settlement between the parties to the transaction.
7. Information on persons registered in the living area and their obligations to be discharged from it.
8. Information on the notification of other vendors of the sale of part of the premises.
9. It is the duty of the owner of the property to transfer the facility in its proper form, without debts on communal payments and in a habitable condition.
10. The seller ' s obligation not to dispose of the facility, to transfer it to third parties and to allow its condition to deteriorate.
11. Treaty obligations are acquired from the time the agreement is signed.
12. Powers and responsibilities of the parties.
13. The transfer of rights must be registered in Rosreister.

An integral part of the contract is the act of accepting and transferring the share with the signatures of the parties to the transaction.

To download a sample of the contract for the sale of shares in the apartment

Registration procedure

The final stage of the transaction is the entry of transfer data into the EGRP. The procedure requires the payment of a State duty in the amount prescribed by law and the submission of the required documentation:

• Certification of the participants ' identity;
• A contract for the sale of copies for each of the parties and for the registering service;
• Act on the transfer of the facility;
• Application for registration of the transfer of ownership;
• Documents certifying the refusal of other co-owners to purchase part of the apartment and indicating the issuance of notices proposing the purchase of property.

It should be noted that the realization of the property portion of the dwelling is possible only after all co-owners of such property have refused to acquire it.

If, on the other hand, it becomes known that the co-owner deliberately evades the service of the notice addressed to him, a proposal for the purchase of the mail should be sent with the notice of the service.

This will be evidence of receipt of the letter.

In addition, such actions would make the seller ' s position lawful and comply with the requirements of the law in force; by the way, the transaction itself for the purpose of realizing a part of the dwelling would not be of much benefit since the sale of a part of the property took place at a low price than an entire facility.

The buyer, on the other hand, has different advantages with regard to the processing of certain types of social benefits, the identification of the address of the dwelling and the search for a permanent job, but the transaction must be properly processed and registered with the service concerned.

Buying and selling a flat 2023

Buying and selling a flat 2023is issued by a written contract containing the terms and conditions of the transaction and by the Act of Acceptance and Transfer, which is a binding annex to the contract of sale.

On the basis of these documents and the statement of the participants in the Rosreister transaction, the transfer of the right from the seller to the buyer and the registration of the ownership of the new owner are registered.
You can apply to Rosreister through the IFC.

In the case of an extraterritorial transaction (from another cadastral district), through Rosreestre's document reception office.

Let's deal with the procedure.for the sale of a flat 2023in detail.

Buying and selling a flat 2023Subject to the requirements of Fz-218 on State registration of real property (as amended on 1 May 2012), as well as to the provisions of the Civil Code of the Russian Federation, the Family Code of the Russian Federation and the procedure for the maintenance of a single State register of real property, the size of the State administration is regulated by the Tax Code of the Russian Federation.

Buying a sale of apartment 2023. What kind of documents are you looking for?

The following requirements must be met for the sale of an apartment in 2023:

• The dwelling must be kept on an cadastral basis and have a unique cadastral number, not all apartments have been registered on an cadastral basis; information on the cadastral number can be obtained free of charge.
• The right to an apartment must be registered and recorded in the EGRN.
  The only proof of registered ownership is the existence of a record of this in the Single State Real Estate Register; the State Registration Certificate has been abolished.
  The certificates in the hands of the owners are conditional and may not be in conformity with the EGRN.
  In order to obtain reliable information about the facility, a fresh extract from the EGRN is required.Ordering a discharge from the EGRN
  In Rosreister, there is no need to provide documents for the apartment, as they are all stored in the registry and in electronic form, and the registrar has access to them.
• No information is provided on persons registered in the apartment in Rosreest, except for previously privatized apartments; persons who do not participate in privatization but are registered in the apartment at the time retain the right of residence in the apartment.
• Utilities fees, real estate taxes, etc. need not be provided in Rosreister
• The spouse ' s consent to the sale of joint property is not a binding document for the registration of the transfer of the right; however, its absence will be reflected in the EGRN entry, which will complicate the subsequent sale of the apartment.
• Children ' s shares should be allocated before selling an apartment purchased using maternal capital or other public means to support families with children.
  Otherwise, the sale is declared to be incontestable.
• The existence of registered persons does not prevent the transaction, but the contract of sale must specify a time frame for withdrawal from registration.

Contract for the sale of an apartment 2023

A contract for the sale of an apartment of 2023 may be entered into in both simple writing and notary form (as agreed by the parties).

Some transactions require the conclusion of a sales contractNotarized onlythat is:

• sale of an apartment in common share ownership

Model contract for the sale of an apartment between natural persons – Form and Model 2023

The apartment is an object whose purchase and sale is processed in a certain way. A person for the same purpose signs an agreement, which has the prescribed form.

The text of the agreement itself varies according to the different circumstances of the case and the parties ' will, but the main points are that should be present.

Let's get to the details of the contract for the sale of apartment 2023, and the individual form can be downloaded as well.

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If you want to know how to solve your problem, call us on the phone.It's quick and free!

A contract for the sale of an apartment between natural persons

The agreement in question is a document that the seller and the buyer conclude for the purpose of transferring ownership of the apartment from one of them to the other; the form of the contract of sale must be written; it may be notarized if they wish, but there is no obligation to do so by the rules.

The following statements are included in the text of the document:

• Data of the parties (FIO, details of the identity document, address);
• A description of the object, its characteristics;
• Price;
• A list of citizens who are entitled to accommodation.

Additional items may also be written, for example, which specify the calculation or timing of the transfer of square metres, the timing of the privatization of the dwelling, etc.

An important point is the need for State registration, for example, even though there are all the signatures on the paper, the property will not be taken over by the newly established owner until Rosreestrom has registered this fact.

Before signing anything, the buyer needs to ascertain certain nuances:

• The owner is the owner of the property;
• All documentation on the premises is normal;
• No debts are recorded at the apartment;
• the object corresponds to the characteristics indicated in the papers.

It has to be borne in mind that if the property has been owned by the owner for less than five years, a tax of 13% has yet to be paid for such a transaction.

In order to reduce this amount, many vendors ask that the price for real estate be specifically reduced in the documentation; however, the experts do not advise them to do so.

In the future, it is possible to rely solely on the return of the sum in question for any offence.

A contract for the sale of an apartment between natural persons is notarized

As already mentioned, the parties have the discretion to confirm the treaty in a notarized manner, and there are also cases in which the notary is required to visit, and they refer to them as:

• The whole apartment is not sold, but only its share;
• One of the spouses is a party to the operation.

The package of materials to be used by the notary varies according to the circumstances of the case, usually including:

• The parties ' passports;
• The right-to-place documentation for the site;
• Technical passport for the apartment;
• The consent of the spouse (if necessary);
• a power of attorney (if any party acts through a representative).

Of course, going to a notary office will make it much easier to conclude a contract because all paperwork responsibility will fall on the notary ' s shoulders, but he can advise on the various points about the deal, tell all the underwater stones, but it's not going to be cheap.

In order to make the agreement sound, download the model contract form for the sale of an apartment, and the 2023 model is presented below.

To download the standard sales contract form between physical persons (.doc)

See also what the completed model of the notary agreement looks like.

A contract for the sale of an apartment between natural persons in simple writing

In order to save on the services of a notary, an agreement can also be drawn up in a simple written form, for which assistance may be sought from legal firms or from an agency providing real estate services.

For registration, you have to go to Rosreister or to the nearest IFC. The list of documents will be the same as in the previous case.

• You can download a contract of sale without the participation of a notary as follows.
• To download a simple-form sales contract (.doc)
• Look also at the completed version of the agreement.
• download the completed model agreement (.doc)

Compiling a contract for the sale of an apartment independently

The least cost-effective way to process a transaction is to produce a document in-house. It is not prohibited by the rules. The only thing that is desirable is to know the legislative framework governing this issue. It is important that all essential conditions, such as the parties, the subject matter of the contract, as well as the cost of acquisition, be stated on paper.

If you do not have the right to seek protection of your rights and legitimate interests, the most unpleasant thing will be to obtain real estate or return the money.

1. To avoid errors and properly fill out documents, see what the model agreement form looks like.
2. download the model sales contract template (.doc)
3. Above all, we can see what the model of the treaty that has already been completed looks like.

Useful Video

All aspects related to the preparation and signature of documentation should be carefully examined before any transaction, especially that involving the exchange of serious material assets, is concluded.

This is particularly relevant if the parties have decided to process the agreement independently, without the assistance of a specialist. An example of such a procedure can be seen in the video that follows.

Conclusion

The contract for the sale of apartment 2023 between natural persons is a required document for the sale of real property.

You can apply to a notary, realtor or law firm for it, and you can write it on your own, and most important of all, you can prescribe all the essential conditions in it.

We recommend a preliminary study of the form of the agreements, as well as how the OST should be completed on a case-by-case basis.

Contract for the sale of an apartment

Many have had to deal with the sale of real property at least once in their lives, and in order to avoid unpleasant situations involving fraud or errors in documentation, it is necessary to know how to proceed with the procedure for the processing of the contract for the sale of an apartment and to take into account the nuances that exist in existing Russian legislation.

Formation of a contract for the sale of an apartment

The OST is a mandatory condition for a property transaction. Without it, it will not be possible to sell the apartment. If the OST is to be completed, you need to know how to fill the OST.

Important nuances

The following nuances should be taken into account when making a contract for the sale of an apartment in a dwelling:

• Once the transaction has been concluded, the buyer is obliged to register its rights in Rosreestre; until the time of registration, it does not have the right to use the new property in accordance with the law.
• At the time of the sale of the dwelling, from the time it was handed over to the new owner, the seller had no legal basis for the use of the subject matter of the transaction even before the registration of the rights of the new owner.
• During the period of performance of the buyer ' s obligations under the contract, the buyer makes a security payment, which is normally left in the bank ' s cell until demand is obtained; the parties are paid for the use of the bank according to pre-defined conditions: the buyer pays most of the real property.

An important aspect of the relationship between the sale and sale of an apartment is the contract where the keys to the dwelling being sold and the keys to access the box at the bank with the security payment will be kept by the seller until the buyer has fully discharged its obligations to it.

To download a contract for the sale of an apartment

In order to avoid errors in the form of a contract, it is recommended that its draft be downloaded.

download the contract form

The contract form can be downloaded by reference.

download sample 2023

The 2023 model contract can be downloaded here.

download the fill-in example (for cash)

A sample OST with an example of filling can be downloaded here.

What documents are needed to process a contract

The list of official papers that will be required for a legally valid sales contract is as follows:

• Identification of the seller and buyer - a Russian citizen's passport or birth certificate if the owner of the dwelling is not 14 years old;
• A contract to be concluded between the parties in three copies;
• Documents on the owner's right to an apartment – a contract for the purchase of real property, the receipt of gifts, inheritance, and documents for the purchase of ready-made housing;
• The technical passport of the dwelling;
• EGRN;
• If the property is sold by the spouses, the consent of the person who is not the owner of the dwelling must be obtained; consent shall be given in writing;
• If the owner, by reason of his or her health or age, does not have full capacity, a permit from the relevant authorities must be attached;
• Trusts and inquiries.

There is no exhaustive list of documentation: it varies depending on the case.

When an apartment is purchased through a bank, its employees request a income statement, a statement from the buyer ' s account, a credit history check, and a receipt of maternal capital for large families.

At this stage, it is recommended that specialized expertise be provided:

• A real estate lawyer;
• The real estate agent is a realtor.

Varieties of the contract for the sale of an apartment

There are more than five varieties of OST, the most common of which are presented below.

Duplicate sales

The most risky option for buying an apartment is to buy and sell by proxy, a type of transaction that is appropriate only with full confidence in the home seller.

There are three types of power of attorney for purchase:

• One-time – this type is only for the act that is initially stated in a notarized document to be performed by a trusted person;
• Special - this type implies that the representative commits documented acts on behalf of his trustee, in which case the validity of the document is recorded;
• General - this kind of trust gives its owner the spaciousness of action on behalf of the trustee, only to people with a high degree of trust.

The most common option of a one-time power of attorney is to provide the functions of a seller who, on behalf of the owner, performs the apartment to third parties.

It's a contract with a real estate firm. Priority is given to professionals with seniority and famous companies.

Once the realtor has been found, all the transaction authority is transferred to him, and the owner of the real estate is left to wait for the results.

The realtor ' s demand for a general power of attorney is unlawful, and he has the full right to dispose of the money from the sale of the apartment for personal purposes.

The authorization process itself is carried out by a notary, to which the owner must provide:

• Passport;
• The right-wing documentation.

The draft contract itself is prepared both independently and with the assistance of a notary.

The term of the power of attorney should necessarily be specified; this paragraph would eliminate abuse by the trustee and guarantee the successful performance of the transaction obligations.

To avoid problems, the buyer of the dwelling must:

• To ensure that the owner on whose behalf the trustee is acting is alive and that there are no other owners or registered citizens in the apartment; this can easily be confirmed by a certificate from Rosreestre.
• Find a clause on its notary certification before signing the treaty;
• Study in detail all paragraphs, grounds, list of actions and rights of the trustee;
• Ensure that the power of attorney is limited to three years.

It is important to take into account the following grounds, which, if any, would render the sale invalid:

• expiry of the period of validity of the instrument;
• The withdrawal of the trustee ' s power of attorney;
• Refusal by the trustee of the transaction, of his duties;
• Death, disappearance, incapacity or partial capacity of the owner of the dwelling;
• Completion of the transaction;
• Court challenge to the document.

In addition to the power of attorney, this type of transaction will require:

• Personal details of the trustee;
• His rights;
• The date of issue of the power of attorney and the duration of its execution;
• An exhaustive list of the person ' s powers of attorney.
• Standard list of transaction documents: passports, real estate documents.

Utility room

The characteristics of communal housing are as follows:

• A propiska in the apartment of several families who pay their own bills;
• The availability of common premises;
• Residents and owners are present on various grounds (either renting a room or owning a room, etc.).

Since 2016, a contract for the sale of a room in a commune in an apartment has been made exclusively in a notary form. In accordance with article 24, paragraph 1, of the Federal Act of 21 July 1997, subject to changes.

The primary right to purchase is taken into account, primarily by persons living in an apartment; this right implies that the owner of the room is obliged to offer it first to the commune ' s neighbours and then only to third parties.

Once the letter has been sent, one of the following options needs to be written:

• Renunciation of neighbours;
• Consent from neighbours;
• No response within one month.

The notice of refusal shall record:

• The full identity of the neighbour;
• Notice that it has the advantage of buying;
• The price of the transaction;
• Date, signature.

The consent of the owners to the transfer of ownership rights to other persons is not required; only waiver is required.

In the event of refusal or absence of a response from the neighbours of the communal apartment, the owner has full right to sell the property to other buyers.

The requirements can be circumvented by entering into a gift contract with the buyer for a part of the room. Once the buyer has become owner of the share in the room, it is possible to conclude a sales contract or to give the buyer a room in its entirety, with the exception of the money transfer clause.

There's a risk of non-payment on the part of the buyer, so you can only make a deal with the people you've checked out, and if you cheat, the ex-owner can't prove anything.

The problems are as follows:

• Neighbors refused to receive the notification letter – the rejection letter is given by the owner in Rosreestr;
• The neighbours took the letter and did not react – to repeat the notice, but with the help of a notary;
• Neighbors continue to ignore – the notary will produce a certificate to be submitted to the registration authority.

A contract of sale will require:

• Right-wing papers;
• passport and information from KUIIZO;
• Certificate of non-debt for the Communal;
• Notice of refusal;
• BTI document.

The transaction will be considered valid if all the clauses of the contract are fulfilled; it is not safe to formalize the gift contracts; if the information becomes known to the law enforcement authorities, it will be difficult to avoid problems.

An encumbrance transaction

Before entering into a contract, it is necessary to verify whether the dwelling is under a certain burden, and the main types of encumbrances are:

• Bail;
• Employment;
• Existence of prescribed persons;
• Mortgage.

In this case, the standard list of documents must be accompanied by the consent of owners, credit organizations, borrowers, etc., who will give their formal consent to the transaction.

In this case, three copies of the OST shall be issued for each party.

Cell calculation

This is the most popular second-market version of the OST: in this case, the buyer rents a box in a bank to which the money is sent to pay off the rent for the dwelling; a clause is inserted in the standard terms of the contract on the time of the transfer of ownership and withdrawal from the seller ' s deposit; in this case, the sale is documented.

To gain access to the testicles, you need to:

• Passport;
• A contract certified by Rostreestro.

How to re-establish a contract for the sale of an apartment

In order to restore the OST that was in place prior to 1996, the notary who was in possession of the transaction would have to work to prove his right to an apartment and pay the amount of the information.

In the case of real estate registered between 1996 and 1998, to find the former owner of the dwelling and to request a contract from him.

• Request a certificate from the BTI;
• In the case of the sale of the dwelling, NPFL will pay – the tax will keep records of the transaction.

Information on all real property acquired since 1998 is requested by citizens from the Rosreestra archives.

Make a contract online

The OST can be compiled online. It is sufficient to download the form of the treaty and complete it, and continue to be used for its direct purpose.

What is the risk of a mistake in the contract?

A mistake in a contract may lead to the invalidity of a transaction; therefore, it is recommended that the services of professionals, i.e. realtor, lawyer, notary and valuer, be used.

Question-and-answer

How much a contract costs and who pays

The price of the contract begins with 2,000 roubles, which is paid either by the buyer or by the seller depending on the agreement.

Where the contract is being processed

The processing process takes place through a bank or a lawyer, and it's also possible to make a deal on its own, but you'll have to get a valuer and a notary before you go to Rosreister for registration.

If a sales contract is to be processed, there will be no problems with the processing of the transaction; consideration should be given to points relating to the timing of payment, the amount of the contract, the rights of the parties; in order to avoid errors in the OST transaction, it is recommended that a lawyer be contacted.