A contract for the sale of an apartment with a minor child (model)

The self-sale of an apartment in equity ownership can be a real test for all its owners, usually requiring the seller to spend a considerable amount of time and knowledge of the legal framework in the real estate market at all its stages, from the valuation of the dwelling to the time of the conclusion of the contract of sale, and it is particularly difficult if one of the owners of the dwelling is a minor.

Participation in the custody and guardianship transaction, without which it is not possible to enter into any step, raises additional problems for both the seller and the buyer of the real estate.

In this article, we will explain in detail whether it is possible to sell an apartment without the consent of the other owners, how the contract for the sale of an apartment with shares for children can be properly drawn up and assured to the registration authorities, and what documents are needed to do so.

Besides, we're gonna figure out who's gonna make the deal on behalf of a minor.

Conditions for the conclusion of a transaction

Few know that children, like adults, have the full right to acquire immovable property.With regard to transactions aimed at the purchase of an apartment, there are virtually no restrictions on the minor owner in this situation.

Another is the sale of a dwelling, which only the parents of a child under 14 years of age can carry out by legal representatives on his behalf; a child between 14 and 18 years of age may, in turn, sell an apartment or share in it with the consent of his or her legal representatives.

The purpose of this restriction is to protect the property rights of minors to the maximum extent possible; moreover, for the successful sale of an apartment with a minor owner,The following conditions shall be met:

• The guardianship and guardianship authorities must issue a written authorization for the conclusion of a real estate transaction;
• A child whose share is sold must receive a similar part in the new apartment;
• The living conditions of the new place of registration must be as good as those of the previous apartment;
• If the purchase of a new dwelling is not part of the parents ' plans, the child must receive an equal share in the real estate belonging to his or her family members, such as his or her grandparents.

You can read here about determining the share of the inheritance according to the law.

This may happen, for example, if he is married, officially employed or engaged in business activities, in which case if the minor owner is found to be emancipated, he may enter into transactions for the sale or purchase of real estate without the written consent of the guardianship and guardianship authorities.

Model for the completion of the agreement

In order for the transaction to be recognized as valid, it should be processed by means of a contract for the sale of minor children, the purpose of which is to protect the buyer and the minor seller from significant risks and losses that may arise during the sale of the apartment.

This document is a written agreement under which the parties to the transaction are required to fulfil their obligations to make the property of the new owner properly owned or to pay the necessary money for it.

At first glance, it seems simple, but certain requirements must be met.Normally, the treaty contains the following paragraphs:

• Introduction. The name of the document is given at the centre of the sheet: "A contract for the sale of a share of the right of common share ownership of the dwelling." Then, in the upper right corner, place the place and date of the conclusion of the document, the details of the parties to the transaction - the buyer, the child seller and his legal representative (FIO, address of residence, passport or birth certificate) should be included;
• Information on the subject matter of the treatyThis part describes the seller ' s and buyer ' s rights and obligations, as well as information on the apartment, in particular its purpose (residential/non-residential), total area and address; do not forget to indicate the cadastral or contingent number of the real property, all existing restrictions (renewals) of the right, as well as the type of property (general share), and describe the share of each owner and indicate which documents confirm their ownership;
• Contract price and calculationThis paragraph sets out the total price of the dwelling as well as the value of the share itself, and also indicate the day and mode of payment, whether in cash or in a bank card;
• Signature of the partiesThis should include information that the buyer and the seller ' s legal representative are capable persons and list at the bottom of the sheet all the documents attached to the contract and sign them.

download

Model contract. doc

As you have already understood, the main difference between a contract for the sale of an apartment with shares per child in a standard agreement is participation in its formation by a legal representative.

CArticle 52 of the Code of Criminal Procedure states that the person entitled to represent the interests of the child may be his or her parent, adoptive parent, guardian or guardian.

Whoever is involved in the transaction may act only with the consent of the guardianship and guardianship authorities.

Sale procedure

Prepare several copies of the agreement at once, one of which will be sent to Rosreister and the other two will remain with the seller and buyer.

Of course, a contract of sale alone will not be sufficient to carry out the transaction, and a change of ownership in the registration authorities should be confirmed if the buyer is to become the new full owner of the dwelling.

There are several ways to register a transaction:

In addition to a contract for the sale of an apartment, you will need a package of documents, the list of which has been approved at the legislative level.

Otherwise, if at least one document has expired, the process of recording the transaction may be long overdue.These include:

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Contract for the sale of an apartment with a minor owner: sample, procedure for processing

Conducting a sales transaction without legal support is a true test of the real estate owner, but makes it even more difficult for a single or equity owner to be a person under the age of 18.

The primary role here is played by the guardianship authorities, and without their permission, it is impossible to make progress in such a case by half a step. The need to obtain their consent brings with it considerable difficulties, both for the buyer of real estate and for the seller.

Features of design

Among the main features of the transaction were the sale of minors:

1. A contract in which a person under the age of 18 is a party shall be performed only in the presence of capable parents, guardians or guardians;
2. The sale of an apartment is recognized as valid at the time of the written approval of the guardianship authorities. It is not issued as easily as it may seem. This is preceded by an examination of the child ' s previous living conditions and an assessment of the new ones, as well as a comparative analysis of them. The result of this is the extradition or refusal of a written consent to a transaction involving a minor. The special feature of this procedure is that if parents do not notify the guardianship authorities of their motivation to sell real estate, where the minor also owns the property, the transaction is not valid and the parents are held liable. Such measures are provided solely for the protection of the child ' s property rights.
3. In accordance with the Constitution, only a person who has reached the age of 18 is prepared to take responsibility for his or her actions before the law, i.e. to enter into business transactions; a child who has not reached the age specified shall be deemed to have limited legal capacity (from the age of 16) or to have no legal capacity (from the age of 16); until the child reaches legal capacity, the contract of sale may be concluded only with the consent of the parents and with the documentary consent of the guardianship and guardianship authorities.

It happens that a young person becomes a full citizen at the age of 16.This is provided by law in the following cases:

• At the conclusion of a legal marriage;
• Work under a formal contract, employment in an individual enterprise (emancipation).

The situation of sale involving a person under the age of 18 is common and hides its risks and characteristics. In order to avoid them, it is better to conduct a thorough review of the papers and the circumstances surrounding the transaction before signing the contract.

This fact is relevant because it is used by fraudsters.

Then, even though the buyer will have all the paperwork on the apartment, together with the parents' consent, he will not be the owner of the dwelling, because the guardian at the time of signing the contract is a different person, and the deal is no longer valid, because the parents' consent is null and void.

How to Formalize a Treaty

In order to guarantee recognition of a sale transaction involving a minor, a contract must be made; the significance of such a document is to protect the child ' s property rights.

Among the paragraphs in the contract of sale are:

• Name of the document, date and place of commission;
• Information on the parties to the contract - the child and his/her legal representative (FIO, address, passport and birth certificate data);
• subject matter of the transaction, description of its characteristics.
• The rights and measure of liability of the parties in the event of failure to perform their obligations under the contract;
• The cadastre number of the dwelling;
• An indication of all existing restrictions on ownership (in the case of joint ownership, it is worth mentioning the documentary evidence supporting this);
• The amount of the transaction, the option and the manner of the financial settlement;
• Information that both buyer and seller are capable persons;
• The signatures of the parties to the transaction;
• At the end of the document, the list of documents is annexed to the contract, at the end of which is also the signature.

Model

Model contract for the sale of an apartment with a minor child.

What documents are needed

Three copies of the sales contract (one to Rosreister, one to be retained by the parties to the transaction) should be prepared for the documentary documentation of the transaction.

Except for the treaty,The following types of paper are required for the conduct of the transaction procedure:

• Application for registration of ownership;
• Passports;
• The birth certificate of the minor owner of the estate or sole owner of the property;
• Formal authorization from the guardianship authorities to enter into a transaction;
• Paper establishing the fact and type of right to own property (gifty, transfer of property rights by will, agreement for sale, etc.);
• The act of reception/transfer;
• The cadastral passport;
• An extract from the home book;
• A face-to-face account on the premises;
• I've got a check for the mistress's fee.

Registration

In order for the buyer to take possession of the property, it is necessary to re-register these rights to the new owner.There are many ways to do this:

• To contact the Rostreestra branch;
• Send an application for registration by registered mail with a notification of receipt;
• Leave the application on Rosreestra's official Internet portal.

Prior to the delivery of the package, it is necessary to re-check whether the package is in place or not, whether its legal effect is correct, and if at least one certificate or discharge has ceased to be valid after the expiry date, the registration procedure will be lengthy.

Time frame

The time limits for the registration of property rights are provided for by law and vary from case to case.

In particular:The time limits for registration of ownership of the dwelling are as follows:

• When the contract of sale is submitted in writing and all accompanying documents are submitted to Rostreest for 7 days;
• When submitting papers to the IFC, the deadline is increased by 2 to 4 days, as the IFC acts as an intermediary between citizens and Rostreestra and delivers them to and from the registration authority for extradition.

Value

When buying and selling real estate, services have a value that may be higher or lower, depending on the region, with additional paper attachments.

The formation of a sales contract is valued at the real estate agency's rate, which generally accounts for 1 to 3 per cent of the value of the dwelling.

The seller incurs the costs of writing and preparing the real estate papers, which include:

• Certificate of issuance of the BTI passport;
• Updating of the technical or cadastral passport;
• Deregistration of former tenants;
• I'm honored for registering a deal in Rosreister.

The value of the notary ' s services varies depending on whether there is a relationship between the parties to the transaction and the extent to which it is related, as well as on the amount of the contract.

When a transaction is registered through the IFC, a government fee of 2,000 roubles is paid. No additional registration costs are required unless all the papers have been collected.

In addition to the payment of compulsory procedures at the will of the parties, it is possible to order legal support for the transaction, which is estimated at approximately 30,000 roubles.

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Contracts for the purchase of an apartment by a minor child

Contract for the purchase of an apartment by a minor child: Under a contract for the sale of an apartment by a minor child, one party (seller) undertakes to transfer the item (good) to the property of the other party (buyer) and the buyer undertakes to accept the goods and pay a certain amount of money (price).

The seller is obliged to deliver to the buyer the goods provided for in the contract of sale.

Unless otherwise provided in the sales contract, the seller is obliged, at the same time that the goods are handed over to the buyer, to hand over its belongings as well as related documents (technical passport, quality certificate, exploitation instruction, etc.) as provided for by law, other legal acts or contract.

If the defects of the goods have not been specified by the seller, the buyer to whom the goods have been handed over of inadequate quality has the choice to demand from the seller:

• A proportionate reduction in the purchase price;
• To remedy the deficiencies of the goods free of charge within a reasonable period of time;
• Reimbursing their expenses to correct the deficiencies of the goods.

In the event of a substantial violation of the quality requirements of the goods (detection of inexhaustible defects, deficiencies that cannot be addressed without disproportionate costs or time, or are repeatedly identified or reappeared after their elimination, and other similar defects), the buyer is entitled to choose:

• Refuse the performance of the sales contract and demand the return of the money paid for the goods;
• require the goods to be replaced by goods of inadequate quality that are in conformity with the contract.

The performance of the contract for the sale of real property by the parties prior to the State registration of the transfer of ownership does not constitute a reason for changing their relations with third parties.

In the event that one of the parties deviates from the State registration of the transfer of ownership of real property, the court is entitled, at the request of the other party, and in the cases provided for by the law of the Russian Federation on execution proceedings, also upon the request of the bailiff, to decide on the State registration of the transfer of ownership; a party who unduly evades the State registration of the transfer of ownership must compensate the other party for the loss caused by the delay in registration.

The contract for the sale of real property should provide for the price of the property.

In cases where the price of real property in the contract for the sale of real property is set per unit of its area or other measure of its size, the total price of such immovable property to be paid is determined on the basis of the actual amount of immovable property transferred to the buyer.

The contract for the sale of real property shall be in writing by means of one document signed by the parties (art. 434, para. 2).
Failure to comply with the simple written form of the transaction deprives the parties of the right, in the event of a dispute, to rely on evidence in support of the transaction and its terms, but does not deprive them of the right to provide written and other evidence.

In cases expressly stated in the law or in the agreement of the parties, failure to comply with the simple written form of the transaction renders the transaction null and void.

The transfer of real property by the seller and the buyer ' s acceptance thereof shall be made on the basis of the party ' s signed transfer certificate or other transfer document.
Unless otherwise provided by law or contract, the seller ' s obligation to transfer real property to the buyer is deemed to have been fulfilled after the delivery of the property to the buyer and the parties have signed the relevant transfer document.

Look at another model contract...

Procedures for the processing of a preliminary contract for the sale of an apartment under the Sberbank mortgage

The sale of an apartment in equity ownership is always a difficult exercise that takes a lot of time and requires knowledge of the basics of the law. This process can become much more difficult if one of the owners is a minor child. What is the complexity of this transaction? The fact is that the State, with special efforts, protects the rights and legitimate interests of the child, including their property relationship with the parents.

It is essential to formalize this transaction by means of a sales contract. How do you make it right? How can you assure an agreement in the registry authorities and what documents are needed to do so? The answers to these and other questions will be found in this article. We will also describe the characteristics of the transaction.with minor children.

When can we make a deal?

According to article 27 of the Civil Code, all real estate transactions for a minor child are carried out only by his or her legal representatives, parents or guardians, since the children are legally incompetent.This means that the legal guardians must ensure the maximum protection of their property rights.The following conditions shall be met:

• The guardianship and guardianship authorities must give their written consent to the transaction;
• The child should be given a similar share in the housing purchased;
• Housing conditions in the new dwelling should not be worse than those in the housing sold;
• If the purchase of a new apartment is not planned, the child ' s share should be allocated to any other dwelling, such as that of grandparents.

The sale of an apartment with shares per child should be distinguished from a transaction where they are only entitled to use real estate.

For example, if a minor does not have a certificate of ownership of the apartment, but may be registered in it, in which case the consent of the guardianship and guardianship authorities will not be required.

However, if the seller fails to discharge the child from the apartment within the prescribed time limits, the buyer is entitled to bring the case before a court.

It is not always necessary, however, to wait for the age of majority of the owner to take part in real estate transactions on his own; in some cases, the child may also be recognized as capable at the age of 16, emancipation may occur, for example, if he or she marries, is officially employed or is engaged in business activities.

Compilation model

Sales contract –A basic document confirming that a transaction has been concluded with a minor child.

It is an agreement under which the seller is obliged to provide the apartment with the property of the new owner and the seller in turn is obliged to hand over the money for it.

In order for such a treaty to have legal force, certain rules of procedure must be observed.It should contain the following paragraphs:

• HeadingIn the upper right-hand corner of the document, specify the passport data of the seller, the buyer and the representative of the child.
• Information sectionThis should include a detailed description of the real property, in particular its address and cadastral number. Please indicate how many dwellings there are, the total area of the dwelling and other information. Note the fact that the dwelling is owned by the owners on the basis of the relevant certificate of registration of the right. In addition, it should be written that the apartment is not loaded, that is, is neither set up nor under arrest, and that no one is registered at the time of sale.
• ConclusionPlease specify the period from which the treaty begins to operate, for example, from the time it is concluded or registered, and please also indicate the number of copies of the agreement and list all the documents accompanying it.

Note this.that, unlike the standard sales contract, the transaction involves three parties, the buyer, the seller, and the legal representative of the child.

Both the child ' s parents or adoptive parents and his or her guardian or guardian may act as the person entitled.

Regardless of who is the minor ' s representative, he or she may act only with the consent of the guardianship and guardianship authorities.

Where do you want the paperwork?

For a transaction to be considered legitimate, it is not enough simply to form a sales contract.The buyer only becomes the owner of an apartment or its share after formal confirmation by the public authorities.

In this case, the registration of ownership will be carried out by Rostreister.

You can personally contact the nearest registration office, send the contract by registered mail, or send electronic copies of the contract; it is up to you to follow the course of action.

In order to register a real estate transaction owned by a child, an entire package of documents must be collected; before filing with the registration authorities, carefully check the duration of the transaction, otherwise the transaction registration process may be delayed.In addition to the sales contract with the registry authorities, you will be required to:

• Application for change of ownership;
• The passport of the parties to the transaction;
• A certificate of ownership;
• Share-sharing agreement;
• The consent of the guardianship authorities;
• Cadastral passport;
• Act of acceptance and transfer of immovable property;
• A bill of payment for the Ministry of State;
• The birth certificate of the child;
• Marriage certificate;
• It's from the facial account.

All the above documents are subject to a mandatory notary certificate, both parents need to visit the notary office and obtain a licence, and in some cases only one parent can certify the documents, for example, if the other is abroad or is found missing.

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A contract for the sale of an apartment with a minor buyer

• This article will examine in detail the contract for the sale of real property because, despite its apparent simplicity, it is quite specific, and if it is not properly drafted, the parties may experience various property effects.
• General characterization of the treaty
• Under this contract, one party transfers property to the other party for a certain fee.
• Transfers must take place in writing, since such agreements must be subject to a compulsory registration procedure.
• If an agreement between the parties occurs only orally, the contract will not be concluded and there will be no rights and obligations of the parties vis-à-vis each other and with respect to real estate.

The registration of a treaty should be mentioned separately.

The Civil Code states that a contract is concluded only after it has been registered that the owner of the dwelling is now a different person under a written agreement.

When registering, the parties apply to Rostreest for registration of the transfer of ownership.

You can turn:

• Personally,
• through a representative (subject to credentials confirmed by a power of attorney),
• By means of a post office (the application must be certified by a notary and sent by registered letter of service).

When concluding a treaty, the question often arises as to the possibility of minors participating in the treaty, as to whether this is possible.

Features of the contract for the sale of an apartment with a minor buyer

Any capable person may be a party to the contract; if the buyer is under 18 years of age, his representative shall represent him.

The minor ' s parents act as legal representatives, which may be confirmed by the Birth Certificate, in which the person in question is identified as the father and mother.

There are three parties to the treaty in the cap:

• buyer,
• seller,
• Representative.

Otherwise, the contract is drawn up in accordance with the same requirements as those laid down in the civil law for the type of treaty in question.

The registration of a treaty in Rosreister will require, in addition to the basic and additional documents:

• A declaration expressing the will of the parties to register the transition;
• Confirmation that the State duty has been paid;
• A cadastral passport and a certificate of right to an apartment;
• All copies of the contract drawn up between the parties and the act of acceptance of the transfer of the property;
• The parties ' passports.

Additional requirements include:

• The birth document of the child;
• The consent of the second parent and the guardianship authority if the child is contracted as a seller rather than a buyer (to protect the child ' s interests and not to deprive him or her of his or her accommodation).

Only if all the documents listed were available could the specialized body decide to register the right to real property.

The following is a model form and a model contract for the sale of an apartment with a minor buyer, which can be downloaded free of charge.

Real estate for a minor child: How do you book an apartment for it?

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Can real estate be bought for a person under the age of 18?

CurrentlyParents are entitled to purchase real estate for their children who are under 18 years of age.The right to own and own property is not limited to the age of citizens; this is a legitimate right which is granted to citizens of the Russian Federation, in accordance with the provisions of article 35 of the Constitution of the Russian Federation and article 17 of the Civil Code of the Russian Federation.

The only restriction for persons who have not attained legal age is the procedure for the issuance of real property (art. 128 of the Code of Criminal Procedure).

Article 128 of the Criminal Code of the Russian Federation: objects of civil rights

Civil rights include items, including cash and documentary securities, other property, including cash-free funds, paperless securities, property rights; works and services; protected intellectual outcomes and related means of personalization (intellectual property); and intangible goods.

• The problem is that the apartment must not only be bought, but must also be carried out through the registration process, in accordance with the provisions of article 131 of the Russian Civil Code and Federal Act No. 218 of 13 July 2015.
• The procedure is therefore required to ensure that the transaction is recorded and that the minor ' s registration in the register of owners is carried out in accordance with all the rules.
• You can find out what you need to know when you buy it here.

Main features and differences from the model transaction

The main difference between this type of deal is thatThe child has the right to own the apartment, but is not authorized to make a deal.Therefore, the powers to formalize the entire procedure are transferred to their legal representatives, which are provided for in article 26 of the Russian Criminal Code and article 60, paragraph 3, of the Criminal Code.

Help!The legal representatives of minors are parents, adoptive parents or guardians (up to the age of 14) and guardians (between the ages of 14 and 17 inclusive).

Such representation does not require a notarized power of attorney, as is the case in standard situations.The credentials of a representative shall be certified as follows:

1. Parents ' passports and birth certificates of children, in which citizens in office are registered as parents or adoptive parents.
2. If the parents ' records are not changed during adoption, the court ' s decision on adoption is served.
3. The guardians and guardians present the decision from the guardianship and guardianship authorities.

The procedure for processing is different according to the age of the child, but the basic rules, which are universal for all age groups, require that the contract include the future owner as a party to the transaction and that his legal representative be designated as "acting in the interest", indicating the degree of kinship and the authority to represent.

What housing rights would a young buyer have?

The right to dispose of the property obtained becomes fully effective when it reaches the age of 18.Until then, legal representatives are responsible for the management of the dwelling; such a person does not have to be the representative who settled the apartment.

For example, if the transaction was handled by the child ' s mother, his father may make payments and be responsible for the maintenance and repair of the apartment.

From the age of 14, upon receipt of a passport, the responsible order may pass the child, but any legal action shall be accompanied by an authorized representative.

The right of ownership gives a minor a number of advantages that legal representatives are obliged to realize.

These include:

• A propiska in the apartment;
• Living in her living quarters;
• Protection of property interests.

Attention!It is not possible to prescribe a new owner in his or her apartment, but only in conjunction with his or her father or mother; the adoptive parents have the same rights and obligations as the parents; therefore, the request and residence are allowed with one of them (with both parents).

Or the ward is prescribed with his guardian.In a newly acquired apartment, it is permissible not to prescribe– property rights from this are not revoked, and registration is maintained until the age of majority, or otherwise, at the discretion.

As in standard cases, the purchase of an apartment must be legally clean and must be provided with the required documentation; it is not permissible for the facility to be under arrest or on bail; these requirements apply to the real estate seller, who must provide documentation confirming the legal capacity of the facility.

The most important thing is the originals of the legal and certification document.The seller and the person representing the interests of the minor buyer shall be required:

• Legal age;
• Availability of a passport with a propiska;
• Legal capacity.

In this case, the party to the transaction will be the minor owner, and the attorney will be introduced into the contract by a representative "acting in the interest".Legislators are required to consider all possible risks by checking:

• a passport and all documentation for an apartment owned by a natural person;
• The founding documents of the developer when buying an apartment in the new building.

For greater legal capacity, a sales contract may be notarized or insured.

How to provide for the right of sole ownership?

For a child to be the sole owner:

1. To purchase an apartment, not a co-owner ' s room.
2. If there's more than one owner, you're gonna have to buy all the shares for the baby.
3. When buying for an apartment, formulate its provisions in such a way that it is consistent that the real estate is issued to one owner, who is the child of the person making the transaction.
4. In the contract, the child is the buyer and the parent (other authorized) only represents the transaction.
5. After registration of the transaction, Rosreestre issues an extract from the EGRN, which states that one right holder is entitled to ownership, with his name, first name and patronymic.

If all the features listed are in place, then the deal took place in such a way that ownership was transferred to one title owner, who is a minor.

It matters!If the legal representative comes along with the minor party to the transaction, they both take over the joint ownership of the apartment, thereby depriving the child of the right of sole ownership.

If a preliminary sales contract is concluded, the representative may conclude it on his or her own behalf.as a party to the CPDP.

But the provisions on the condition of sale must state that the purchase of the dwelling is carried out on the child, with his or her name, name and patronymic.

The deposit, deposit or advance is also paid by the authorized person, and a receipt is received from the seller.

The purchase price is prepared according to the conditions introduced in the RAP, or without it, if not, and it is advisable to obtain the support of the competent person to accompany the transaction.

They may make statements:

If the parties produce the documents themselves, careful consideration should be given to all the principles on which they are drawn up, or a sample of the sales contract should be copied with their own data.The entire procedure for the conclusion of a contract is based on the formulation of laconic paragraphs, which show that:

• The seller disposes of the apartment;
• The apartment is transferred to the property of a minor;
• An authorized person shall represent the interests of the minor owner.

The subject matter of the contract provides the exact cadastral characteristics of the dwelling corresponding to the information entered into the State real property cadastre.The parties are described as follows:

1. Information about the seller (according to the template).
2. The information about the buyer begins with the representative's information, and follows the wording "acting in the interest of his minor (daughter)".
3. Information about the daughter (son, ward, etc.).

The text is checked for errors, the seller and the parent (guardian) sign their signatures, followed by a transfer document, which is also signed by a person acting for the benefit of a minor right holder.

A full package of sales documents can be found here.

Once the contract has been signed by the seller and the representative buyer, the subjects of the transaction are sent to the Multifunctional Centre (MCC) or Rosreestra branch, where they write an application for registration of the contract of sale and transfer of ownership.

I will.Provision should be made for the juvenile owner to be identified as the owner at all points,The registrar checks the characteristics of the relationship or other powers and makes a mark on the application, which requires the originals and copies to be presented to the registering authority:

• The applicant ' s passports;
• Birth certificates for a minor;
• if the certificate indicates the other name of the parent - the certification document.

Upload the application form to Rosreestr for registration of ownership

Such documents may include marriage certificates if the family name has changed at the time of marriage, the court ' s decision to adopt or the decision of the guardianship authorities; copies must also be removed from those documents.

Attention!The registration of real property is subject to a duty, except in the case of notarized contracts.

At a second reception, the mediator will be given the following:

• The contract of a transaction with a notice of registration;
• an extract from the EGRN in the name of the child.

The right of ownership can be considered realized with legal consequences.

Adolescents aged 14 to 17 (inclusive)

After obtaining a civil passport from a designated youth, he or she is considered to be a partially capable person.The adolescent is not yet in a position to manage property and financial matters on his own.However, if accompanied by a legal representative, he is entitled to sign all documents.

In order to do so, he or she, with a passport and an authorized person accompanying him or her, is suitable for the conclusion and registration of the sale. At the stage of the search for a suitable object, the future owner has the right to participate in the examination and express his or her views on the choices made, and he or she should provide the basis for legal literacy in the verification of documents and allow for this procedure.

After the joint selection of the facility, agree on the conclusion of the contract:

The child has the right to participate in the transaction itself, and the document is drawn up in a standard form, concluding with his/her own handwritten signature, followed by the certification of the parent or guardian, and the seller signs the document within the standard framework.

It is also used in the receipt for the purchase of an apartment, statements and other documents requiring the buyer ' s signature; certain adjustments may be made at the discretion of the parties.

For example, a payment clause, which is implemented by the legal representative in the prescribed amount, must specify the amount of payment, which must subsequently be supported by a payment document.

The contract is signed by a minor and the name is deciphered, and the signature of the representative is attached.With an explanation of the status(s) of the family and the deciphering of the family name, before signing, the representative always formulates the phrase that the procedure is known and has no claims; signatures may be certified notarized.

The contract must be accompanied by a transfer document drawn up by the parties with the same wording and signatures:

1. The salesman.
2. The child of the buyer and a representative of his interests.

You can find out all about documents and contracts here.

At the IFC, the unauthorized owner also leaves with the representative; it is advisable for the seller to go to the institution with them, thereby reducing the period of registration of the transaction to two weeks under article 16, paragraph 1, of the FZ 218-FZ.

The State is paid for the registration of a child, as is the case for an adult.The registrar checks the documentation package and files the application form, and also specifies the child as the party to the transaction, acting with the consent of the representative.

The application shall state:

• The cadastral characteristics of the dwelling;
• Her address;
• Information on the parties to the transaction;
• Information on the legal representative;
• Request for registration of ownership;
• The time and place of the transaction;
• The details of the contract.

Help!The application is signed by a minor buyer and signed by a representative. The contact details for feedback are given below, at the discretion of the applicant. A receipt for the documents received is also issued in the name of the child, with the details of the representative.

Accordingly, when the transaction is completed, both will have to follow the documents.

The signatures of both persons are also given upon receipt.

What are the differences in the procedure for acquiring housing in the new structure?

IfThe house has not been put into service, the parents or guardians have issued the Share-of-Participation Agreement.In addition to the specific nature of the contract and the fact that a legal person buys a dwelling, there are no other differences from the procedure of registration.

A change in the right to claim an apartment according to the DDS is permitted.where the minor is the assignee.

More information about buying an apartment in a new building can be found here, and you'll find out more about buying an apartment on the DUD and at the developer's.

How does the State help protect children's property?

Once a dwelling has been acquired, the owner is given his property rights; the violation of property rights is illegal and is subject to the supervision of the guardianship and guardianship authorities; if the property has been taken away, the transaction will require authorization from the guardianship and guardianship authorities.

However, the seller is required to report to the supervisory authority that the money obtained from the sale of the dwelling is deposited in the bank in the name of the former owner, either with an equivalent real estate or with an improved dwelling (home), which is required only when the property is taken away and no authorization from the guardianship authorities is required when the sale of the dwelling is made.

In addition, the law prohibits:

1. Property deals with the legal representative.
2. Free disposal of the minor ' s property.

Mortgage apartments arranged for children in the event of a debt are not subject to debt cancellation unless the guardianship authorities have given their consent (on how to buy an apartment in a mortgage, we have described in this article.) And in the case of divorce, spouses are not liable to be separated because they are recovered from joint property.

Conclusion

Citizens under the age of 18 may purchase a dwelling through the mediation of parents, adoptive parents or guardians, after registration of the sale, the right to real estate, which they may dispose of upon reaching the age of 18, and the acquired dwelling may not participate in the transaction without the permission of the guardianship and guardianship authorities.

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