A transaction for the purchase or sale of housing is formalized by an agreement. Now this agreement is not subject to state registration. So where can you draw up a contract for the sale and purchase of an apartment? Documentation must be brought to Rosreestr. But the procedure will be different - registration of ownership. This is what is required for registration. In this case, they are guided by the regulations of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), Articles 551 and 558, N 302-FZ (Federal Law) dated December 30, 2012, Article 2 Part 8. We will consider the stages of registration below.

Where and how do you pre-register an apartment sale transaction?

The parties to the transaction can express their intention to purchase (sell) a particular apartment in the form of a preliminary agreement. The terms of the final transaction are predetermined. The law provides for this possibility in Art. 429 clause 1 of the Civil Code of the Russian Federation.

The preliminary purchase and sale agreement is drawn up and signed by:

  • notary,
  • lawyer,
  • real estate agent
  • parties outside institutions.

What guarantees does such an agreement provide? The buyer can be sure that the law guarantees him the right to buy the agreed housing at the price specified in the contract. And the seller will be able to sell his property within the prescribed period. The document must be drawn up in writing. No state registration is required.

According to Art. 429 clause 5 of the Civil Code of the Russian Federation, in the event of one of the parties evading the conclusion of a final agreement, the second may demand this through the court. The claim is brought within six months from the date of refusal to fulfill the obligations. A judgment in favor of the applicant is usually similar to the underlying agreement, but does not provide ownership rights.

How is a preliminary agreement drawn up?

According to the law (clauses 2, 3, 4 of Article 429 of the Civil Code of the Russian Federation), the contract must be drawn up taking into account the following points:

  1. It is necessary to determine the procedure for conducting the final transaction in terms of calculations and price.
  2. To establish the object being sold in a certain way.
  3. Indicate the period within which the main agreement must be drawn up and concluded.
  4. List its conditions regarding which the parties resorted to a preliminary agreement.

State registration of the preliminary agreement is not required.

When buying and selling housing on the secondary market, there are no particular risks associated with concluding such an agreement. If within the agreed period neither of the parties initiated the conclusion of the main agreement, its validity is terminated (according to Article 429, paragraph 6 of the Civil Code of the Russian Federation).

But unfavorable consequences may arise for the buyer if he had to enter into a preliminary agreement for the purchase of an apartment in a building under construction and he contributed sums of money. The developer may refuse to assume additional obligations.

The buyer has no protection against the following risks:

  1. There is no guarantee of getting an apartment specified in the preliminary agreement. After all, it reflects only intention.
  2. The contract may be declared void. For example, the parameters of the apartment are not indicated, as required by law.
  3. Double sale. The developer may agree in writing with other persons.
  4. Loss of invested funds. In court, the buyer, who has previously paid part of the cost of the apartment or the full amount, may demand a refund in the form of payment of a minimum penalty.

The purchase and sale agreement must include information that specifically identifies the specific property: address, size of area, price. The document also lists all persons registered in the apartment.

The agreement can be drawn up by the parties in writing, independently, subject to its standard form.

It is not necessary to have it certified by a notary, except in cases according to law N 218-FZ, Articles 42 part 1 and 54 part 2:

  1. The apartment belongs to a minor or incompetent citizen;
  2. Shares in common property rights are alienated.

In these cases, a state fee is paid at the notary rate in an amount depending on the value of the property. After drawing up the purchase and sale agreement and collecting the full package of attached documents, it is submitted to Rosreestr by the parties or their representatives.

If representatives of the seller or buyer are involved in the registration of a real estate transaction, a power of attorney for representation, issued by a notary, is required.

When the parties independently draw up an agreement, mistakes may be made that affect further ownership. In order to avoid them, you should seek assistance from specialists.

Agency

The real estate agency has an extensive database that helps the buyer choose an apartment and sell the living space to the seller. The agent has the necessary knowledge and experience in completing transactions. Therefore, in most cases, purchase and sale is carried out through these specialists. Such transactions are more reliable.

A real estate professional will correctly draft the purchase and sale agreement, both the principal and the preliminary agreement. After this, he invites the parties to sign it. But until this moment, the stages of checking the apartments for reliability in relation to the possibility of making a transaction take place. We are also collecting and preparing documents.

The agent takes a certain percentage of the cost of the apartment as payment for his work.

Notary

Notarization of the main and preliminary purchase and sale agreements is usually undertaken by the parties. This adds credibility to the agreement.

Notarized registration of the sale and purchase is mandatory only in cases where the apartment of a minor or incapacitated person is being sold, as well as in the presence of other owners.

Practice shows that about half of real estate purchase and sale contracts are concluded with a notary. This eliminates the risk that the transaction can be challenged or declared void. And agency services or legal support are no longer needed.

The notary accepts by appointment. It may also be proposed to conclude an agreement in electronic form.

Where is the contract signed and where can I get a copy of it?

Since the apartment purchase and sale agreement does not require state registration, signatures can be affixed by the parties arbitrarily, without certification by institutions.

However, as mentioned above, in situations where the housing of a minor, incapacitated person is being sold, or there is talk of selling shares, the agreement should be signed by a notary with its certification.

A participating real estate agent who drafted the document may be present during the procedure. He often serves parties at the agency premises.

The parties submit the completed agreement to Rosreestr. With the participation of a notary, it can be issued electronically for a payment of 3 to 5 thousand rubles.

The document must be saved, as it will be necessary for future transactions.

If the contract is lost, a copy can be obtained from:

  • Rosreestr;
  • Tax (subject to filing a declaration when completing a purchase and sale transaction).

It is possible to order a duplicate through State Services.

To order a copy you must provide the following documents:

  • identification document;
  • certificate from the cadastre and cartography department;
  • certificate of ownership (the apartment was registered until 2018) or an extract from the Unified State Register;
  • when ordering a duplicate due to damage to the document, you must provide the old contract;
  • receipt for payment of state duty.

An encumbrance placed on property is a restriction on the right to dispose of it. However, this is a common deal. It is important to know all the pitfalls of purchasing such real estate.
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Is it possible to register a purchase and sale agreement for an apartment at the MFC?

Selling an apartment through the MFC (multifunctional center for municipal and government services) is the safest and most convenient way. At the institution's stand you can read about the procedure. Staff also provide consultations.

There are no queues at the MFC. But registration does not take place on the same day, since the state fee for the procedure is paid through a notary and you need to wait for it to arrive.

In Rosreestr

Rosreestr sends documents to transaction participants by email in case of registration through the MFC. They cannot be stamped. Therefore, the parties themselves must choose the method of formalizing the transaction and transferring ownership.

At the notary

Documents: the purchase and sale agreement and the act of acceptance and transfer of the apartment are certified by an electronic signature of a notary when registering with the MFC. The parties may prefer the actual signature of that professional. Then you need to make changes in choosing the registration method.

A specialist explains in this video how to draw up a contract correctly:

Conclusion

The majority of contracts are concluded for the purchase and sale of real estate. In a legal sense, these are the most complex documents, since they are associated with the turnover of large sums. It is necessary to take into account a number of nuances, check documents and find out the terms of the transaction for its successful completion.

Our lawyer will advise you free of charge.

How to register the purchase and sale of an apartment yourself: we will analyze the step-by-step algorithm, documents, deadlines, tips for proper registration.

Whether you do this with or without a realtor, you need to know what they are doing in the process in order to feel more confident and calm.

What your role in the transaction is will not affect the progress of its execution in any way; the only difference will be that you are either selling or buying a home and in the package of documents for the transaction.

I will give their main list below. Then I will mention the procedure for settlement between the seller and the buyer and the timing of registration of the transaction.

The Buyer should take into account that the preparation time for the transaction may be delayed, depending on the situation in which the Seller will find himself - whether he is selling the living space or buying another one in exchange for the sold one - this is the so-called. "pure" sale or "exchange".

Preparing for the registration of an apartment purchase and sale transaction on your own

You need to understand that registration happens last, i.e. after you have completed a series of activities.

Buyer

  • you have a down payment
  • you have received bank approval and have been given a time frame for searching for housing
  • you have found a wonderful property that matches your parameters
  • you have checked the legal purity and documents of the owners (at a minimum, you have checked the extract from the Unified State Register)
  • the bank approved the living space you found and prepared documents for the transaction (loan agreement, mortgage, etc.)

If you are “still on the way”, then the following articles will be useful to you:

  • Like

Salesman

  • home approved by buyer's bank
  • the spouse has given notarized consent to the sale, or is present at the transaction himself
  • your children own a share and you have already received permission from the guardianship authorities to sell
  • the necessary documents are ready for the transaction (certificate for sale, cadastral passport, passports)

The following will help you prepare for registration:

  • 3 rules for
  • Documents for
  • How quickly and

At the stage of preparation for registration of the purchase and sale of housing, one of the parties prepares a DCP.

In order not to make another mistake, you can order this service from a lawyer, a real estate agency, and sometimes from Rosreestr (you need to find out in advance).

Documents for registration of purchase and sale of housing

To the seller

  • passport or passports of sellers, if there are several of them. If the owner does not sell himself, then the passport of an authorized person. If the owner is a minor under the age of 14, then his birth certificate;
  • if the owner enters into a transaction through a proxy, then you will need the original plus a copy of the power of attorney;
  • the original and a copy of the Certificate of State Registration of Property Rights, and do not forget the document justifying the acquisition of this property. We talked about foundation documents in the previous article;
    To complete the transaction, you will need an agreement indicating the passport details of the buyer and seller, as well as the procedure for payment and acceptance. You will learn how to draw up a written policy correctly from another article on this site;
  • The package of documents in preparation for the transaction should include a copy of the apartment card. It contains information about people who have the right to use living space. You can get it from the house management (not needed for Rosreestr);
  • if the current owner’s home is also owned by a minor child, then permission from the guardianship and trusteeship authorities will be required, plus a copy of this permission;
  • If the housing is jointly owned by the seller-spouses, and one of them sells the square meters, then the consent of the spouse for the sale will be required, which must be certified by a notary, as well as a marriage certificate plus copies of both documents, otherwise it will be impossible to register ownership rights of the buyer(s);
  • if the owner sells a share or rooms in a “communal apartment,” then he must provide the justice with documents for registration of ownership rights confirming that he notified the other owners who have shares of his intention to sell his, indicating the price in the message. Or he must have in hand the refusal of the remaining share owners, certified by a notary or by the registration authority.

To the buyer

  • passport
  • loan documents (agreement, mortgage)
  • spouse's consent to purchase
  • a check indicating payment of the fee for registering the transfer of ownership from the former owner to the buyer plus a copy of the check
  • extract from the Unified State Register

How to register the purchase and sale of an apartment: stages

To make it easier to understand, we will divide the process of registering the purchase and sale of an apartment into stages. Let's look at a classic example when the buyer is a mortgagee from Sberbank of Russia.

The transfer of the down payment to the Seller is usually made at the bank where the Buyer takes out a mortgage loan, or at the bank where the Seller opened an account.

In this case, the Buyer retains a fiscal document about the payment made and a receipt from the Seller for the money received. The buyer signs a loan agreement and a mortgage at the bank where he takes out the loan.

Rosreestr, where you sign the DCP. Now the agreement can be signed at the first stage, when the initial payment is transferred.

According to Art. 558 of the Civil Code of the Russian Federation, there is no need to register the DCT in Rosreestr, which means it is valid from the moment it is signed

The state duty for the transfer of rights is paid by the Buyer, here in the branch of Rosreestr (or MFC). You take a ticket for the electronic queue (or come at the appointed time - this is the option when you register the purchase and sale of housing at the MFC).

In the registrar window, the Buyer and Seller each submit their documents, which are entered into receipts and issued upon acceptance of the documents for registration.

The receipts received from the registrar for the Seller and the Buyer indicate the deadlines within which the documents must be received: for the Buyer - the Certificate and the sales contract, for the Seller - the DCP.

How to properly conduct an apartment purchase and sale transaction is a question that worries many. Indeed, despite the difficult economic period in our country, the real estate market is quite active. Many citizens of the Russian Federation want to buy an apartment, or they are selling it.

It is worth understanding that the legislative framework of Russia regulates the general procedure for the sale of property.

This operation is not something complicated or incomprehensible in legal terms, however, before carrying out it, it is important to familiarize yourself in detail with all the nuances of the procedure and consult with a professional lawyer.

To do the latter, you will have to leave your cozy home, but for an initial acquaintance with the legal procedure for buying and selling real estate, it is enough to use our resource.

Before you start the process of selling or buying a home, we recommend that you study the legislation that will help you prepare for possible surprises and avoid some troubles

When considering each individual case of buying and selling an apartment, you may need to refer to a large number of legislative acts.

Therefore, it is worth considering that sometimes it is simply impossible to do without the help of a professional lawyer for the competent preparation, design and execution of an apartment.

If we consider this legal procedure as a whole, then the most important to address are some provisions of the Civil Code (CC) of the Russian Federation and the Tax Code (TC) of the Russian Federation.

First of all, the potential party to the transaction needs to familiarize itself with Chapter 9 of the Civil Code of the Russian Federation. It clearly regulates the concepts of transactions, contracts, their forms and legal force. As well as the consequences that will be borne by a participant in a transaction who does not fulfill the terms of the agreement.

Each article in this chapter requires a more detailed consideration, as it describes in detail the legislator’s vision of transactions between citizens of the Russian Federation. The main thing worth highlighting in today's material is the following:

  1. A transaction is any actions of individuals and legal entities on the territory of the Russian Federation that are aimed at establishing, changing or terminating a civil right or obligation (Article 153).
  2. A transaction can be one of two types - unilateral or multilateral (contractual). To carry out the latter, which is such a transaction, the consent of both or more parties to the contract is necessary (Article 154).
  3. Transactions can be concluded orally or in writing (notarial) form. Notarized transactions have the greatest legal force (Articles 158 and 165.1).
  4. If one of the parties to a transaction evades the obligations specified at its conclusion, it will bear some responsibility to the other participant and the legislator (not always) (Article 165).

It is necessary to consider the provisions of the Civil Code of the Russian Federation in more detail, taking into account all the nuances of a particular case.

As for the appeal to the Tax Code of the Russian Federation, it is important to note Article 224 regarding the described transaction. It is this that determines the tax rate that a citizen who receives income from a purchase and sale transaction must pay. In accordance with paragraph 1 of the article, it is 13 percent of the cost of the apartment.

Often, when considering a real estate purchase and sale transaction, legislative provisions on the concepts of “ownership” or “transfer of utility bills from the old owner to the new” are used.

How to conduct an apartment purchase and sale transaction - registration procedure

How does the purchase and sale of an apartment work?

Despite the relative simplicity of registering a sale and purchase, it should also be taken into account that this legal procedure may have some nuances that require special attention.

In today’s material, most of them are discussed in detail, but you should not always rely only on yourself, do not forget to seek the help of professional lawyers to ensure maximum security of the transaction.

Expert lawyer's opinion:

There are a huge number of purchase and sale agreement forms on the Internet. However, depending on each specific situation, nuances are possible.

Due to changes in legislation, transactions made with young children or home equity holders are made only before a notary. To avoid spending additional funds, if there is no experience in such operations, it makes sense to contact a notary in other cases. The additional need for a realtor or lawyer disappears by itself.

However, to contact a notary, you need to collect a minimum package of documents. When deciding to complete a transaction, the first thing you need to do is ensure that there are no debts on utility bills and no outside registered citizens. It is necessary to obtain certificates about all solved problems.

If the owner of the apartment or share is a young child, then interaction with the guardianship authorities cannot be avoided. To complete a transaction and register with Rosreestr, you will have to obtain written approval.

An apartment acquired during marriage can be alienated only with the notarial permission of the second spouse. If such consent is not obtained, the transaction may subsequently be declared invalid.

To sign the agreement, the parties to the transaction must appear in person or representatives under a notarized power of attorney to the notary. The notary will carry out all the necessary procedures for registering the transfer of rights and, at the request of the parties, can independently submit documents for registration. No additional expenses, except for the state fee and the work of a notary, will be required from the parties to the transaction.

So, the order of registration is as follows:

  1. First of all, this is the search or preparation of housing for sale in accordance with the conditions that satisfy your desires.
  2. The next step is to check the cleanliness of the property you have found for purchase (more details below) if you are a buyer. And present the apartment to the buyer as presentably as possible if you are the seller.
  3. Once a verbal agreement on the sale of the apartment is reached between the seller and the buyer, you can proceed to the next stage. It is necessary to complete and prepare a package of documents. The seller’s list is, of course, larger and looks like this:
  • all title documents for the apartment;
  • cadastral plan (passport) for real estate;
  • a notarized extract from the house register;
  • papers from the tax authority, housing and communal services and EIRTs about the absence of arrears on rent;
  • an extract from Rosreestr confirming the absence or presence of any encumbrance on the apartment;
  • a notarized statement of the consent of the spouse of the apartment owner to sell it (if any);
  • paper from the guardianship authorities authorizing the transaction (if there are children registered in the apartment).

The procedure for preparing documents for sale, searching for a buyer and coordinating all issues that arise will require time and patience from you

The buyer will only need to have documents proving his identity and some other papers that are necessary to conclude the contract.

  1. Now it is necessary to conclude preliminary and main agreements for the sale of the apartment. It is worth understanding that a preliminary agreement is not required, but it will help reduce the risks of the deal being disrupted. It contains the following information:
  • preliminary conditions for the sale of an apartment, which can only be slightly adjusted;
  • the final cost of the subject of the transaction (apartment);
  • the amount of the deposit or advance payment made;

The paper must be notarized and the fact of transfer of the deposit or advance must be confirmed with a receipt.

Having settled all the nuances and prepared the final purchase and sale agreement in two original copies for each party, you can carry out the transaction, naturally, with a notary. The following information is included in the final agreement:

  • final conditions for the sale of the apartment;
  • the cost of the subject of the transaction (apartment);
  • method of payment and procedure for transferring money;
  • additional nuances of the agreement.
  1. After the final agreement is concluded, its terms are executed on both sides of the transaction (transfer of money, property rights, etc.).

This is what the general procedure for registering the purchase and sale of an apartment looks like. It should be followed in each individual case.

What else do sellers and buyers need to pay attention to to avoid fraud when concluding a transaction?

In the process of buying and selling real estate, there are a number of nuances that should be taken into account by both parties to the transaction when concluding it. The tips below will help you keep things correct and ensure the safety of your transaction.

Everything you need to remember to the seller:

  • Show your apartment as presentably as possible to every potential buyer.
  • Make a correct assessment of the cost of the apartment, otherwise there will be little demand for it.
  • You can transfer the keys to the apartment only after you have received all the money under the contract. In such situations, it is better to work through a guarantor (for example, a bank).

Everything you need to remember to the buyer:

  • When choosing an apartment, carefully study the potential subject of the transaction to make sure that its assessment is correct. If there is a reason to bargain, bargain.
  • Before buying an apartment, be sure to check it for “cleanliness”. To do this, you need to contact Rosreestr with the seller’s personal data to establish whether he has ownership rights to the property; to the tax authorities, housing and communal services and the EIRC to verify arrears in rent payments; to the FSSP (bailiffs) to check whether property has been seized.
  • In the process of processing and concluding a transaction, work only with trusted and reliable realtors, notaries and guarantors.
  • Transfer money through a guarantor or using receipts, and only after concluding an agreement.

You can find out about any additional nuances of a particular transaction by consulting with a professional lawyer.

Selecting a form of payment

Which form of payment for the contract will most secure the transaction for purchasing an apartment?

When concluding an agreement, it is necessary to indicate the form of payment and the method of transferring money for the subject of the transaction from the buyer to the seller. Depending on the chosen method, the amount of tax and the security of the transaction can be determined.

Today, the following main forms of payment for the purchase and sale of an apartment are distinguished:

  • Bank transfer (non-cash payment). It is carried out through a bank, as a result of which it is impossible to hide the details of the transaction and save on tax in any case. Payment receipts are provided upon re-registration of ownership of an apartment in Rosreestr. The payment method is quite secure.
  • Cash. This form of payment allows you to hide some details of the transaction and save on tax. Using this payment method, you can specify in the contract a smaller amount than the seller will receive. However, in this case, additional risks are imposed on the latter. In cash, you can work either directly with the seller or through a realtor or bank as a guarantor.
  • Installment or loan. This type of payment is carried out through the conclusion of appropriate agreements.

Regardless of the form of payment used, it is advisable to certify each fact of transfer of funds with receipts or some other guarantor.

How to insure a contract and avoid troubles with realtors

How to avoid troubles with unscrupulous and dishonest realtors?

Many people, when purchasing or selling an apartment, are very concerned about the security of the transaction. You can minimize the risks of transaction failure or fraud in one of the following ways:

  • Insurance of the contract through an insurance company. This is done by contacting a reliable organization and clarifying all the conditions for insuring the transaction.
  • Carrying out purchase and sale through a reliable realtor. This is done in a similar way to the previous one. The main thing when working with a realtor is to check his reliability and carefully read the terms of the contract concluded with him. To check the “purity” of a realtor’s name, you can use reviews of him, his track record, and similar things.
  • Use of guarantors when transferring money.

It is worth understanding that the main guarantor of the security of the transaction will be correctly and legally. Therefore, never skimp on a lawyer and a notary, clarifying all the nuances of the transaction.

Main nuances of the procedure

To summarize the article, we note the main nuances of the transaction for the purchase and sale of an apartment. It is imperative to take them into account, because before formalizing a legal procedure, it is important to understand what features it has.

So, the main nuances in the described event are:

  1. Cost of the event. Even the sale of a relatively inexpensive apartment can cost a pretty penny in terms of transaction costs. This is especially important for the seller, because he is not the one buying the property, but from him, so it is important for him to know what additional expenses must be incurred. In the process of drawing up the contract and the transaction as a whole, the seller will need to pay for the services of notaries/lawyers (5,000-150,000 rubles). And also paperwork (3,000-30,000), payment of taxes (13% of the cost of the apartment), realtor services (up to 10% of the cost of the apartment) and guarantor services (up to 5% of the cost of the apartment). The buyer needs to fulfill his conditions under the contract (pay money for the subject of the transaction) and, if necessary, spend money on the services of lawyers, notaries and guarantors.
  2. Checking the purchased apartment for cleanliness. Be sure to carry out such an event, because in addition to the real estate, you can also acquire debts on it, or even lose the apartment altogether after the purchase.
  3. Correct and legally competent. Without carrying out such a procedure, you can create a number of problems for yourself.
  4. Implementation of all terms of the contract on both sides. It is also a mandatory event, since otherwise you will have to bear some responsibility to the other party to the transaction and the legislator.

As you can see, the purchase and sale of an apartment is a simple legal procedure, but it is a little complicated. Do not forget about the information specified in this article if you are going to sell, because it fully describes this event and all its nuances.

Answer

Of course, it is better to conduct all transactions with a lawyer, but sometimes unreliable lawyers work closely with dishonest realtors. How can you avoid such a scheme in your life?

Answer

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The purchase and sale of apartments for which maintenance debt has accumulated is by no means uncommon. Some buyers manage to negotiate with sellers to reduce the price in exchange for paying off the debt, while for others, other people's debts are an unpleasant surprise... Advice from an experienced lawyer and his opinion on the new initiative of the authorities.

My husband and I are planning to take out a mortgage for a secondary home. But nowadays, absolutely everything needs to be checked. How can you protect yourself when buying an apartment? What to do if a participant in shared construction passes away before the building is put into operation? Who can apply for housing that will be built? After all, the money for the residential premises has already been paid to the developer, but in fact it is impossible to register ownership of it.

The era of cooperatives has sunk into oblivion, leaving behind a rich legacy in the form of unregistered apartments, underpaid share payments and confused residents who feel like full owners of their homes, but de jure they are not. Lawyer Oleg Sukhov recommends adhering to certain rules for registering cooperative real estate when the share is not fully transferred.

Price, layout, view from the window, age of the house, transport accessibility - when choosing housing, citizens try to take into account as many factors as possible. And having difficulty finding the ideal option, they easily turn a blind eye to other nuances of the deal, says lawyer Oleg Sukhov.

Surprisingly, but true: in the current difficult time of the financial and economic crisis, it is the mortgage that becomes the only available resource for purchasing your own home. Simply because all other options are too enslaving.

It will help you avoid mistakes in real estate transactions, since it is a detailed description of your route, will show the direction of action and the necessary procedures.
Article updated on May 20, 2019

This article describes a step-by-step plan purchases apartments, current in 2019.

ATTENTION! Transactions on the alienation of real estate or shares in the right to it, owned by incompetents and minors, are subject to mandatory certification by a notary.

Step 1:

Determine the legal status of the apartment:

    • without registered property rights (primary)
  • with registered ownership (resale)

If you don’t know what “primary” and “secondary” are

Algorithm for buying and selling an apartment - step 2:

Get reliable information from Rosreestr (USRN) about the property, its cadastral number, area, cadastral value, encumbrances and arrests.
You simply cannot enter into a deal without this check! An official statement can be ordered online. Look at the example: (I changed the owner's name)
This extract was received through the Service of electronic extracts from the Unified State Register of Real Estate.
There you can order:

  • an extract about the property, which contains information about the absence/presence of arrests and encumbrances
  • and a special extract on the transfer of ownership - this is the history of previous transactions with the property
    Such an extract is needed to analyze the risks of a voidable and void transaction.

Algorithm for buying and selling an apartment - step 3:

Study the legal and right supporting documents for the apartment.

Receive original real estate documents from the Seller. Study them carefully. Request copies of documents for a more detailed study of the house.

Algorithm for buying and selling an apartment - step 4:

Draw up and sign at the negotiating table with the seller

Draw up and sign an Earnest Money Agreement with the seller.

Algorithm for buying and selling an apartment - step 5:

Transfer funds - a deposit or advance payment on the basis of a preliminary purchase and sale agreement.

Pay the state fee for registering property rights.

Algorithm for buying and selling an apartment - step 9:

All participants in the transaction submit to Rosreestr the transfer and registration of rights, the Sale and Purchase Agreement and the Transfer Deed and all prepared documents.

You can submit documents through the MFC or through the document acceptance department of Rosreestr

Algorithm for buying and selling an apartment - step 10.

Receive a receipt from a specialist in the document acceptance department with a list of accepted documents. Carefully check:

object address and cadastral number; the registration action you have declared;

list of documents, number of originals and copies; Personal Information

Specify the place of receipt of registered documents.

Algorithm for buying and selling an apartment - step 11:

Receive title documents certified registration inscription

Receive an Extract from the Unified State Register of Real Estate (USRN) on the state registration of rights and title documents with a stamp on registration of the transfer of rights. (From July 15, 2016, Certificate of Ownership they don't issue.

Check for errors!

Mind map for completing the purchase of an apartment

The reliability of the information in my materials will be confirmed to you by:

    • Federal Law-218 “On State Registration of Real Estate”, entered into force on January 2, 2017
    • Rules for maintaining the Unified State Register of Rights
    • Civil Code of the Russian Federation
    • Housing Code of the Russian Federation
  • Family Code of the Russian Federation.

Official website of Rosreestr: rosreestr.ru