How to conduct an apartment purchase and sale transaction. How to carry out a competent registration of an apartment purchase and sale transaction? The procedure for buying an apartment. Step-by-step instruction

Sooner or later, each of us has to sell or buy an apartment. Is it possible to draw up all the documents for the sale of an apartment by yourself, or do you need to contact an agency? In this article, you will learn how to properly draw up a sales contract and register the transfer of ownership of an apartment.

The apartment purchase and sale agreement is drawn up in a simple written form. If you want, you can certify it with a notary, but this is not necessary.

Since December 29, 2015, the participation of a notary has become mandatory when making transactions with shares in an apartment, as well as when selling property owned by minors. Other real estate transactions are still not required to be certified by a notary.

What documents will be required when drawing up an apartment purchase and sale agreement?

First of all, a certificate of ownership of the apartment being sold. In addition to the certificate, you will also need a title document, which confirms the basis for the emergence of ownership of the apartment seller. Such a document can be:

• contract of sale;
• an agreement on the transfer of an apartment to the ownership of citizens (privatization);
• gift agreement;
• certificate of the right to inheritance;
• a court decision on the recognition of ownership.

You will also need passport details of both parties, that is, the seller and the buyer.

In addition, you need to stock up on a certificate of who is registered in this apartment. If no one is registered in it, you will also need a certificate.

If the seller of the apartment is married, the consent of the second spouse is required to sell the apartment. If the owner is a minor, you will need to take a decree from the guardianship authorities authorizing the sale of the apartment.

From 29.12.2015, the decision in the guardianship authorities is requested by a notary.

And of course, you will need a receipt for payment of the state duty. The amount of state duty for registering the transfer of ownership of real estate is 2 thousand rubles. The payer of the state duty is the buyer of the apartment.

Essential terms of the contract for the purchase of an apartment

In order for a real estate purchase agreement to be considered concluded, it must agree on all the essential terms of the transaction. What conditions are considered essential in this case?

First of all, this is information about the property itself. In the contract, it is mandatory to indicate the address of the apartment, its area, number of rooms, floor, as well as the cadastral or conditional number of the property.

Also obligatory are information about the price of the apartment and the order of payments.

It is desirable that when submitting documents for registration, the calculations are fully made and a receipt confirming this must be attached to the documents.

If, at the time of registration of the transfer of ownership, the contract does not indicate that the calculations have been made in full, or the contract provides for a deferral or payment by installments, an encumbrance in the form of a pledge will be imposed on the apartment upon registration.

Another point that must be reflected in the contract is the procedure for transferring the apartment from the seller to the buyer: when this will happen, under what conditions and in what order.

In the event that there are persons who retain the right to use the apartment after its sale, this must also be indicated in the contract.

Filling out the contract

You can download a sample agreement for the purchase of an apartment at the end of the article.

First, the header of the contract is filled in. The header indicates the place where the contract was drawn up, the date of its signing, as well as information about the parties to the contract:

• full Name;
• date of Birth;
• place of Birth;
• series and number of the passport;
• by whom and when the passport was issued;
• registration address at the place of residence.

Clause 1.2 of the agreement specifies information about the title document, as well as the details of the certificate confirming the ownership of this apartment.

The information in clauses 1.1 and 1.2 of the agreement must be indicated in strict accordance with what is written in the certificate of ownership.

Since January 1, 2015, a certificate of ownership is issued not on a stamped form, but on an ordinary one.

In clause 2.1, it is necessary to indicate the price of the contract, as well as the fact that at the time of signing the contract, the money has been fully paid by the buyer (of course, only if this is the case).

In clause 3.1 it is desirable to indicate that the transfer of the apartment is made without a deed of transfer. If this is not done, in addition to the contract, you will also need to draw up a deed of transfer and attach it to the sales contract.

In clause 3.6 it is necessary to indicate information about the persons who retain the right to use the apartment after its sale or about their absence.

Sections 5-7 are typical and generally do not require any changes.

In the eighth section of the contract, the details of each of the parties, that is, the seller and the buyer, are again indicated, and the signatures of the parties are affixed.

First, the surname, first name and patronymic are written in full, after which the signature is put.

After the section with the signatures of the parties, there is a receipt confirming that the seller received the funds from the buyer in full.

After completing the contract, you must print it. The contract is printed on one sheet of paper on both sides, in triplicate. You can download a sample contract at the end of this article.

After the sales contract is 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 mandatory state registration with Rosreestr.

For state registration, the parties must jointly submit the following documents to Rosreestr:

• registration application (completed in Rosreestr);
• apartment purchase and sale agreement, one copy for each of the parties plus one copy for the registrar;
• certificate of ownership;
• title document;
• a certificate of persons registered in the apartment or of their absence;
• if necessary - the consent of the second spouse to sell the apartment and a resolution from the guardianship authorities;
• a receipt for payment of the state duty.

In the event that one of the parties (seller or buyer) evades state registration, the other party can go to court. The transfer of ownership will be registered by a court decision, and the evading party will be obliged to reimburse all losses incurred.

Based on the results of registration, information about the new owner will be entered into the Unified State Register of Rights (USRR), and the buyer will be issued a certificate of registration of ownership. From this moment, the buyer becomes the full owner of the apartment.

Real estate transactions require careful documentation. But it is equally important to think over the payment procedure. What are the ways in 2019 to transfer money when selling an apartment?

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve your problem - contact a consultant:

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People are already accustomed to the fact that when selling real estate, a correct purchase and sale agreement should be drawn up. Its content is thought out in detail, every nuance is taken into account.

But when it comes to settlements on a trade, most of the situations are standard. Money is given before or after the conclusion of the contract. And this very moment may turn out to be the most significant problem.

How does the process of transferring money go when selling an apartment in 2019 and how not to face fraud?

General points

The transfer of money when selling an apartment and the choice of settlement options depend on the type of market in which the transaction is being made.

When an apartment is sold on the primary market, an individual represented by the buyer and a legal entity represented by the developer take part in the transaction.

The settlement procedure is determined by the developer. Money is transferred from the buyer's account on the basis of an invoice issued by the developer company, in accordance with the terms of the contract.

If the purchase of an apartment is carried out through participation in, then the alternative option provided by the legislation from 2019 is used.

The protection of equity holders' money is ensured by transferring funds through escrow accounts.

That is, a non-cash form of payment is used, but the money goes to a special bank account, and not directly to the developer.

The situation with payment in the secondary market is much more complicated. Here, cash payments are somehow more accepted.

In fact, the buyer can transfer the “suitcase of money” to the seller, and the latter can also claim that there was no transfer.

The risks are high enough. They increase when several sellers participate in the transaction at once, when the transferred funds are immediately distributed among them.

There are risks for secondary sellers as well. For example, an agreement was reached to receive money after signing and transferring an apartment.

And so the seller fulfilled his obligations, but there was still no money. Of course, he has the right to terminate the contract, but this does not mean that the apartment will be returned to him.

To return the property, you will need to go to court and spend a lot of time on litigation.

How to solve the problem with payment for real estate correctly and how to transfer money when buying / selling an apartment?

Basic concepts

The sale of an apartment involves the transfer of ownership on the terms of the concluded agreement. This agreement includes quite a few sections.

Their total number depends only on the wishes of the parties. But in any contract there must be a clause on the price.

The contract price is the amount at which the seller has valued the apartment and what he intends to receive from the buyer in exchange for the transferred ownership.

The clause on the transfer of funds includes:

• date of transfer of funds;
• method of transfer or transfer;
• other significant points.

The participants in the transaction have the right to independently choose the payment option and set the moment of transfer of funds.

In this case, the person acting as the seller has the right to receive payment for the apartment. This is the owner of the apartment or his legal representative.

The procedure for concluding a transaction

Conventionally, a deal for the sale of an apartment can be divided into five stages:

As for the transfer of money for an apartment, it is logical to assume that the amount of money should be exchanged for ownership. And this is where the main problem arises.

If the buyer transfers the money before receiving the apartment, then in the future there may be difficulties with the actual.

You can wait months for the owner to vacate the house. When the seller transfers the apartment along with the ownership of it before receiving the money, then there is a risk of not getting paid at all.

And the cases when one of the parties receives what is due under the transaction and subsequently refuses to admit this fact are also not uncommon.

Thus, the correct procedure for transferring money when selling an apartment is important for both parties to an apartment alienation transaction. And here the participants have several options.

Applicable standards

The procedure for selling real estate is regulated. so it is called "Purchase and Sale". Section 7 of this chapter deals with the sale of real estate.

Each separate article of the paragraph affects certain aspects of the transaction - the contract, its form, state registration, definition of the subject, and so on.

It is worth noting that you should not transfer money before registering property rights. Often fraudsters use just such a scheme when they take money before contacting Rosreestr.

During the registration process, sometimes nuances are revealed that do not allow registering ownership (for example, the seller is in fact not authorized to conduct a transaction).

But it is not always possible to return the money already transferred. And in the absence of proper evidence, it is completely impossible to prove that the money was transferred.

On the other hand, the seller does not want to take risks either. He wants to be sure that he will really get the money for the apartment. How is money transferred in transactions between individuals?

Most often, money is transferred in cash. And often it is used as evidence of the fact of transferring funds.

This is a fairly well-known tool and, of course, it has a place to be. But in the modern world, there are safer ways to transfer money to the seller.

Calculation

In resale transactions, there are three safest ways to transfer money. It:

• safe deposit box;
• engaging a notary;
• letter of credit.

The cell is used when transferring cash. The notary can help with settlements, both in cash and by bank transfer. The letter of credit assumes exclusively non-cash payment.

Each of these methods has its own advantages. But at the same time, it is necessary to know the subtleties of applying each method.

If the chosen option is applied correctly, then the probable risks associated with the transfer of money are reduced to almost zero.

Through a safe deposit box

Renting a safe in a bank has recently become more and more popular in settlements in the real estate market. A safe deposit box is a safe in a special bank vault (depository).

The Bank leases such a safe for a period of any length in order to preserve valuables. At the same time, the bank does not check what will be saved in the cell.

The main banking task is to ensure the protection of the safe and control access to it. Due to this, the transfer of money through the bank is carried out in a strictly confidential manner.

The buyer becomes the tenant of the cell. He puts in the safe the amount to be transferred to the seller.

The latter can receive money only in accordance with the terms of an additional agreement concluded between the seller, the buyer and the bank.

The agreement being drawn up prescribes the conditions for access to the cell - a specific period and documents that the seller must provide.

The essence of this method is that the seller documents the fact to a specific buyer.

In return, he gets the opportunity to withdraw money from the cell. If the seller does not show up within the established timeframe, the buyer can take the money himself.

In such calculations, cash is recalculated and checked at the bank when they are put in the safe, in the presence of the seller.

In this case, the key to the safe can remain with the buyer until it is received in receipt of funds after state registration, or immediately transferred to the seller.

Important! The agreement may include a condition for sharing, regardless of other terms. For example, the parties abandoned the deal.

In order not to wait for the expiration of the due period, the participants in the proposed transaction can jointly open the safe, and the buyer will take his money back.

For cash

The transfer of cash can be carried out without involving a bank. For example, a buyer transfers funds and receives a receipt in return.

This becomes evidence of the transfer of funds and, if necessary, such a document can even be used in court proceedings.

But at the same time, you need to draw up a receipt correctly. The seller writes it, preferably completely by hand, without blots and strikethroughs, and then certifies with his signature corresponding to the passport model.

Safe transfer of cash is ensured by attracting a notary deposit. The money is deposited in a special notary account before the transaction.

Once the buyer has formalized the ownership, the money is transferred to the seller.

The conditions for receiving money are also stipulated in the agreement, as is the case with a safe deposit box. The notary's deposit can also be applied when making payments by bank transfer.

Other options

Among other options, a letter of credit should be mentioned. This is a bank service, or rather an obligation, to realize, on behalf of the client, a payment from the account in favor of the specified recipient upon presentation of a certain list of documents.

In general, the scheme is the same as for a safe deposit box. The difference is that a non-cash form of payment is used.

The letter of credit can have different expressions, but when selling an apartment, a covered irrevocable letter of credit is often used.

Covered means that the buyer's bank (issuing bank) actually transfers the due amount of money to the seller's bank (executing bank).

Irrevocability implies that the issuing bank cannot recall the money back without good reason.

Transmission scheme

How is the transfer of money from buyer to seller going? The money transfer scheme for the sale of an apartment entirely depends on the method chosen by the parties:

Cash from hand to hand	the buyer transfers the money to the seller; the seller recounts the amount received (preferably checks the bills for authenticity) and writes a receipt for receipt; the receipt is forwarded to the buyer
Cash through a safe deposit box	the parties to the transaction draw up an agreement with the terms of transfer and access; in the presence of all participants, the money is checked, recalculated and put into the cell; after fulfilling his obligations, the seller presents the agreed documents and receives money
Through a notary deposit	an additional agreement is drawn up to the agreement on the conditions for receiving and transferring money; money is credited to the notary's account (in cash or by transfer from the account); the seller fulfills the terms of the agreement and provides the necessary evidence; the notary issues cash or transfers money to the seller's account
By letter of credit	the buyer enters into a letter of credit agreement with the issuing bank; the necessary documents are drawn up (on the conditions of payment, on supporting documents, etc.); money is transferred to the executing bank (seller's bank); the seller fulfills the obligations (transfers the apartment); the buyer registers ownership; the seller applies to his bank to receive funds

At what point happens

The moment when the money is transferred is always prescribed in the contract for the sale and purchase of an apartment. As a rule, this is provided for in the paragraph on the "Procedure for Settlements".

In theory, the parties can independently determine the moment of transfer of funds. So when transferring money in cash, settlement can be carried out:

Before signing the contract and state registration of ownership	In this case, a situation is formed under which the contract is not signed, but the money is transferred. As a result, both money and property rights belong to one person. Significant risk for the buyer
After signing the contract and state registration of the acquired right	Here, the circumstances are exactly the opposite. Both the money and the right to the apartment are with the buyer. At the same time, the seller is at risk
After signing the contract on the day of the transaction, but before state registration of the right	The seller retains the rights to the apartment until the transfer of ownership is registered. Of course, there is still a risk for the buyer. But at the same time, he has evidence in the form of a concluded contract and a receipt. If necessary, you can involve witnesses in the transfer of money

And yet, no matter at what moment cash is transferred when selling an apartment, the operation remains risky. Another thing is when a bank safe, notary deposit or letter of credit is used.

Video: 7 mistakes when transferring money for an apartment

In this case, the moment of transfer is not important. You can put money on preservation absolutely at any time. All the same, the seller will receive them only after fulfilling the previously agreed conditions.

Possible additional costs

If there are so many safe ways of transferring money when buying and selling, then the question naturally arises as to why cash still has not become obsolete from hand to hand.

This is explained by the desire to avoid additional costs. Any of the listed secure methods of transferring money assumes such by default.

If you use a safe deposit box, you will need to pay for the rental of the safe. In this case, the amount of rent depends on both the storage period and the size of the cell (amount limit).

The cost of renting a cell varies between 1-3 thousand rubles per month. In addition, 2-5 thousand rubles will need to be paid for completing an additional agreement.

The customer may also be charged an insurance premium for the locker and a deposit for the key in case of loss. When using a notary's deposit, you will need to pay about 1,500 rubles.

But this is provided that the service is provided as an additional service when drawing up a purchase and sale agreement with a notary.

But it should be taken into account that banks charge a commission for transferring funds from one account to another. In this case, it turns out that the commission is charged twice.

In addition, an additional commission is charged when cashing funds. When a letter of credit is applied, the cost of banking services increases.

The number of associated costs is also increasing - opening an account by a buyer and a seller, commissions for transfers between banks, commissions for cashing out funds.

In addition, not many banks provide a letter of credit, and due to its rare use, many banks simply do not have the skill to use it.

Apartment for sale in 2019 due to its high social significance and to eliminate the risks of fraud, it requires the implementation of mandatory procedures in accordance with the legislation of the Russian Federation.
Let's figure it out in detail: article was updated and actualized 05.05.2019

Selling an apartment in 2019 assumes compliance with the following rules:

• The purchase and sale transaction must be executed in writing with the Purchase and Sale Agreement and the Acceptance and Transfer Act.

• The agreements of the parties, prior to the signing of the Sale and Purchase Agreement and the preparation of the entire package of documents for the transaction, are also sealed by the Agreement on

• The seller must provide the Buyer and Rosreestr with documents confirming the legality of the alienation:

1. Spouse's consent to the sale if the property was bought in marriage.
   Consent is not required if the apartment was transferred to the Seller on the basis of a gift agreement, a certificate of the right to inheritance by will, law or court decision, a privatization agreement, or purchased before the legal registration of the marriage relationship.
2. Permission from the Guardianship and Guardianship Authority if the Seller is a minor or incapacitated
3. A fresh (as close as possible to the date of signing the purchase and sale agreement) extract from the USRN on the absence of arrests and encumbrances
4. Certificate of registered persons or their absence.
   If the apartment was previously privatized, there is also an apartment card from the passport officer of the management company or the migration service.
5. Cadastral passport for real estate (if any), confirming the cadastral registration of the object.
   It is not necessary to provide it to Rosreestr, the state registrar has access to this information, but it is necessary to draw up a contract.

• An obligatory deed of transfer is drawn up to the Purchase and Sale Agreement.
• The ownership is transferred to the Buyer by making an entry in the Unified State Register of Real Estate (Unified State Register of Real Estate) at the request of the Seller.
  Registration of the transfer of rights from the Seller to the Buyer and registration of ownership of the Buyer is carried out by Rosreestr - the Office of the Federal Service for State Registration, Cadastre and Cartography, also on the basis of its application.
  Registration documents can be submitted through the MFC. If the property is located in another cadastral district, documents must be submitted directly to the Rosreest office.

Sale and purchase agreement for an apartment in 2019

Now, some transactions on alienation-donation, exchange, purchase and sale are certified by a notary without fail, namely:

• alienation of shares in the right of common shared ownership. These are the sale, donation, allocation of shares, exchange (on 01.05.2019, amendments were adopted to Art. 42 FZ-218 "On State Registration of Real Estate".
  They CANCEL mandatory certification of the alienation of shared ownership in case of SIMULTANEOUS alienation by all of its participants.
  COME INTO FORCE in 90 days!
• alienation of real estate owned by minors or incapacitated
• purchase of real estate in shared ownership by legal spouses (recognized as a section of jointly acquired property. Art. 38 of the Family Code of the Russian Federation)
• pledge of shares in favor of a creditor

Such agreements of alienation come into legal force not after the parties have signed the transaction, as it was before, but only after it has been certified by a notary.

But a notary certifies only those contracts that are drawn up by his assistant, third-party contracts are not accepted.
Understandably, services of a legal nature cost money and not little.

And demands to provide b aboutbig

Documents for the sale of an apartment in 2019

Apartment for sale in 2019 year requires mandatory registration of the transfer of rights. Real estate transactions are registered by Rosreestr:

• If the sale and purchase agreement is certified by a notary, it can be transferred to Rosreestr to register the transfer of rights without the seller and the buyer / buyers will submit to the registering authority only an application for registration of ownership of themselves
• If the sale and purchase agreement is drawn up in simple written form, the seller must submit to Rosreestr an application for the transfer of ownership of the buyer.

The notary who has certified the purchase and sale agreement has the right to act for the parties to the transaction in Rosreestr. From 02.2019, the notary is obliged to transfer the documents to Rosreestr independently, either in electronic form (no later than the day of the transaction), or on paper (no later than 3 days). This service is now free.

From 01/02/2017, applications for registration can be submitted through the MFC, and in the case of an extraterritorial transaction - to any branch of Rosreestr, regardless of the location of the property.

The package of documents in Rosreestr in 2019 has been significantly reduced. Now there is no need to submit documents that are already stored in the registry file.

Take with you to Rosreestr:

• Sale and purchase agreement in the amount of at least three or for each participant in the transaction plus one copy for Rosreestr
• Identity documents of all participants in the transaction
• Spouse's consent to the sale,
• Consent to the sale of the Guardianship and Trusteeship Authority, if the seller is a minor or incompetent
• Certificate of absence of registered persons (for previously privatized apartments)
• Marriage certificate when buying real estate by legal spouses
• When buying using credit funds - Loan Agreement and Mortgage

Pay for the registration of ownership.

All copies of documents for you will be made by a specialist of the MFC

Sale of a share in an apartment in 2019

The sale of a share in an apartment in 2019 can be formalized by both a notarial and an ordinary agreement in a simple written form.
The share can be alienated from:

• shared ownership is a mandatory notarial transaction
• sole property - a simple written form of an agreement, with the exception of the allocation of a share to a spouse, because it is recognized as a division of jointly acquired property and is subject to mandatory certification by a notary. If the property was bought before marriage or inherited or by donation - a simple written form of the transaction.
• common joint ownership - a simple written form of a transaction. At the same time, if the real estate is jointly acquired property, it is necessary to preserve the joint ownership of the share in the right. (From 01.07.2018, you can make such an entry in the USRN)
  

  90.1. In the case of state registration of a share in the right of common shared property that comes into the joint ownership of the spouses: information about both spouses is indicated in one entry on the property right; with regard to the type of right, the words "common share ownership" shall be indicated in the entry on the right; after the indication of the size of the share in the right of common shared ownership in the entry on the real right, the words "in joint ownership" are indicated. (Clause 90.1 was introduced by the Order of the Ministry of Economic Development of the Russian Federation) Changes entered into force on 01.07.2018

The site has more than 300 articles with detailed explanations, including the sale of an apartment in 2019

Making deals is a very difficult process. And the more important the operation, the more nuances it will have. Recently, actions with residential real estate are in demand in Russia. It is important for each resident to know how to arrange the purchase and sale of an apartment. If you understand this, you can avoid a lot of problems. What should everyone know about the process? What are the peculiarities and nuances of a residential real estate purchase and sale transaction? Where can you go for help? All this will be discussed further. In reality, everything is simpler than it seems.

Property preparation

The first step is to talk about the actions of the owner of the apartment. Before selling his property, he is required to conduct a property valuation. For this, specialized workers are invited.

Appraisers draw up an estimate that indicates the estimated cost of the apartment. The document will help you determine the price to ask for a deal.

If a citizen is thinking about how to register the purchase and sale of an apartment, he also needs to place an advertisement on the deal. They must contain photographs of real estate. Advertisements are posted in newspapers and on the Internet. It is difficult to imagine a deal without this.

Ways to register a deal

All of the above manipulations are necessary to find buyers. What if you already have one? How does the purchase and sale of an apartment take place? How to draw up an appropriate agreement according to the law?

There are several options for the development of events. Each seller independently chooses which method to act in a particular case.

• contact real estate companies to draw up a contract;
• independently conclude an agreement with a notary.

There are no more options. The sale and purchase registration is not carried out completely independently. In practice, the first method of action is more and more common. It saves both the seller and the buyer from most of the problems.

Where to go for help

Where to register the purchase and sale of an apartment? It all depends on the chosen transaction execution algorithm. Generally speaking, there are a lot of bodies that will have to be visited.

But the contract itself is concluded in:

• notary offices;
• in real estate agencies.

As already mentioned, it will not be possible to act without any organizations. Additionally, you will have to pay a visit:

• to a management company that is engaged in home maintenance;
• to Rosreestr or the cadastral chamber;
• in BTI.

It's minimum. Basically, visits to certain bodies and organizations are associated with the search for the necessary documents for the transaction. There are not many of them. And in general, the operation of buying and selling apartments is not so difficult. And if you worry about all the features of the process in advance, then the deal will bring only positive emotions.

Collection of documents (for the seller)

It is clear where to draw up a contract for the sale and purchase of an apartment. Regardless of the chosen algorithm of actions, the seller is obliged to collect a certain package of securities. Without them, the transaction will be considered illegal.

The list of documents from the seller, as a rule, is as follows:

• owner's identity card (passport of the Russian Federation);
• documents indicating the ownership of the apartment;
• extract from the BTI;
• certificate of the state of the personal account of the apartment;
• consent from other homeowners to the transaction (with several owners);
• consent of the spouse (s) to the sale and purchase (if we are talking about joint property);
• marriage certificate (for a shared apartment);
• cadastral and technical passport;
• estimate estimate (optional);
• contract.

This is the most common checklist. But a lot depends on the specific situation. For example, the consent of the guardianship authorities may be required for the operation. These are cases in which minor children are registered in the apartment, or if they have a share in the housing.

Among other things, the property owner must pay a state fee for the transaction. Today it is 2,000 rubles. The amount is divided among all property owners.

Preparation of contract

How to register the purchase and sale of an apartment? The key point is the drafting of the contract. It is printed in several copies. It is because of this feature that many citizens turn to real estate agencies. The point is that with such an approach, the appropriate intermediary fully accompanies the transaction. And the contract is drawn up by realtors.

Nevertheless, among the main disadvantages of such a technique is the taking of a commission for the operation. Therefore, you have to think about how to draw up a contract of purchase and sale of an apartment with a notary or on your own.

This document must contain the following information:

• real estate address;
• information about the seller;
• information about the buyer (to be filled in on the spot);
• the cost of the apartment;
• housing parameters;
• term of transfer of property into ownership;
• method of depositing funds for the acquisition of property;
• information on how the costs are allocated at the conclusion of the transaction.

In fact, there is nothing difficult in such a procedure. Every citizen is capable of drawing up a sales contract. If you have any difficulties, it is recommended to contact a notary with a corresponding request. Be sure to take the previously listed papers with them. For a fee, a notary will help draw up a contract for an agreement on the transfer of property.

Buyer behavior

Buying and selling an apartment is not so difficult to master. Making a deal on your own with the right approach is easier than it seems. The bulk of the work falls on the shoulders of the property owner. But the buyer also needs to take some measures to speed up the transaction and protect himself.

How should a person who wants to buy an apartment act? For such citizens, the safest option is to contact realtors. They will select housing, help show it, and draw up documents. Full support "from A to Z" for a fee.

But self-registration also has a number of advantages. Therefore, sometimes you have to think about what the buyer should do if the contract is planned to be signed by a notary.

In any case, it is necessary:

1. Check the seller's documents. It is advisable to ask the citizen for a copy and original of the passport.
2. Assess the condition of the property. More precisely, to see the apartment that is planned to be decorated.
3. Make sure the transaction is safe. To do this, it is enough to compare the papers offered by the seller with the previously proposed list.

Of course, funds are prepared in advance. It is not recommended to make prepayment or full payment of the transaction. Especially when self-supporting the operation.

Buyer documents

What documents may be required from a citizen planning to buy an apartment? How to arrange everything? Buying and selling a share of an apartment or a whole house is not so important. Not many papers are requested from the buyer. The list is limited to:

• passport of the Russian Federation;
• details of the account from which the money is transferred;
• the consent of the spouse to the transaction (+ marriage certificate).

Generally, in practice, an identity document is sufficient. But one should not be surprised that the seller requires the consent of the buyer's husband / wife. This is a legal right. After all, if the spouse does not agree to spend the common money, the transaction can be canceled.

Briefly about registration with a notary

So, the basic information about the upcoming event is already known. What's next? How to draw up a contract of purchase and sale of an apartment? For example, at a notary.

This procedure is generally reduced to the following algorithm of actions:

1. The seller collects the previously listed documents and is looking for a buyer.
2. The future owner is familiarized with the real estate and the papers of the current owner.
3. A contract is drawn up (at least in 2 copies).
4. Citizens come with an agreement and a package of documents to a notary. If the contract has not been drawn up, they will help to create it on the spot. The notary office is informed about this in advance.
5. The notary examines the provided papers and the contract. The parties sign an agreement. The contract is certified by a notary.
6. The money is transferred to the seller within the agreed time frame. The buyer receives a receipt for the transfer of funds.
7. The documents are being reissued to the new owner. Usually this procedure is carried out together with the transfer of money.

This is how the algorithm of actions for the self-sale of residential property is briefly described. Simple, fast, easy. It is easier to draw up a sales contract with a notary than it might seem.

Briefly about actions in the agency

But so far in practice, most often people try to work with the help of intermediaries. We are talking about real estate agencies. Realtors, as already mentioned, charge a certain fee for their actions. It turns out to be higher than the notary asks for. But it should be noted that the parties are guaranteed safety and full support of the transaction.

How does such a purchase and sale of an apartment proceed? How to execute a deal with the participation of an intermediary? This is not difficult to do. It is enough to follow the algorithm of a small instruction.

1. The seller collects the previously proposed package of documents. Photos of the apartment must be taken.
2. The seller contacts the real estate agency. A contract for the provision of services is signed with the organization. The buyer also contacts the company.
3. Future and current homeowners are looking for each other. An employee of the real estate agency helps the parties to arrange a meeting and viewing of the property.
4. After that, the deal is made. It is necessary to apply to a real estate office with passports and other documents. The parties are invited to sign the contract in 3 copies. One remains with the office, the rest of the copies - with the seller and the buyer.
5. Funds are transferred within the agreed time frame. You can request a receipt for payment / receipt of money.
6. Property rights are being formalized. This process does not differ from the independent support of the transaction.

In fact, everything is not so scary. The main thing is that the main features are already known. It is up to everyone to decide where to draw up an apartment sale and purchase agreement. Only the proposed algorithm of actions is suitable mainly for the sale of the entire home. And if you need to sell a share in an apartment? What to do then?

On the sale of shares

The procedure will be a little difficult, but in general it is no different from all of the listed actions. If a citizen owns all the housing and plans to give up his share in it, you can safely act according to the above schemes. But when the property has several owners, you have to try.

The main problem is that, according to the law, other property owners have a preemptive right to purchase. This means that, first of all, the seller is obliged to offer the co-owners to buy the share.

But how to arrange everything correctly? In practice, buying and selling a share in an apartment is complicated by the fact that other owners in every possible way avoid answering the question of redemption. Until he is out, you cannot offer a deal to third parties.

Accordingly, so that the procedure is not complicated, the future seller must act according to the following scheme:

1. Offer all apartment owners to buy out the share. This is done in writing. The idea is brought to life by sending registered letters with a receipt notification. Please send one copy to yourself.
2. Wait for a response from co-owners. In the letter, be sure to indicate that within 30 days from the date of receipt, you must send a response. Otherwise, rejection of the decision will be regarded as unwillingness to buy an apartment.
3. Get answers or just collect receipt notifications. They will serve as evidence of the legality of the actions.
4. How can you arrange the sale and purchase of an apartment with a notary or a realtor? After the listed actions, it is proposed to act within the framework of already known algorithms.

There are no more special features when working with real estate shares. Special attention should be paid to the transfer of funds when concluding an agreement. After all, it is in this area that people are afraid of deception.

About transferring money

From now on, it is clear how to formalize an apartment purchase and sale transaction. All key points, with the exception of the transfer of money, were considered. What about the most important point in the process?

The transfer of funds can be cash or non-cash. In any case, it is recommended to request a receipt of receipt of money from the buyer. This technique is the guarantor of the security of the transaction.

With a non-cash payment, everything is clear - it is made by the bank. The cash option is divided into personal transfer of money, as well as through the use of a safe deposit box. The first alignment requires the presence of security and witnesses, the second - certain expenses for the maintenance of the cell.

How exactly should you proceed? It all depends on the preferences of the parties. How and how does the procedure end?

Renewal of documents

So, the purchase and sale of the apartment took place. Getting a deal done right is not that difficult. The contract was signed and certified, the money was transferred to the seller - what next?

The last stage, as has already been emphasized, is the re-registration of documents for the new owner. This can be done:

• in Rosreestr;
• in the cadastral chamber;
• at the MFC.

The procedure proceeds in exactly the same way as during the initial registration of housing in ownership. How to register the purchase and sale of an apartment? The buyer must bring with him:

• sales contract (copy, certification required);
• cadastral passport for the apartment he bought;
• identification;
• certificate of ownership of the apartment (in the name of the seller, it is advisable to have a copy of the old owner's passport with you);
• an extract from the house book (taken from the seller);
• a receipt from the previous owner (optional).

Next, an application is drawn up for making changes to the document. A receipt is issued to a citizen - it indicates the date of issue of a certificate of ownership of housing. At the specified time, it is necessary to return to the registering authority with a passport and a receipt in order to receive a new cadastral passport and a certificate of ownership.

From now on, it is clear how to execute an apartment purchase and sale transaction. The operation is not the most difficult, it is common in Russia. Perhaps the most difficult thing is drawing up a contract and finding a buyer. If you follow all the proposed recommendations and rules, the agreement will not be denied. How to correctly arrange the purchase and sale of an apartment? Now the answer to this question will not put the citizen in an awkward position. You can independently choose one or another algorithm of actions and, adhering to it, sell housing.