How to complete the purchase of a country house

Recommendation points

• Collection and preparation of documents
• Preliminary contract for the sale and purchase of a property
• Conclusion of a sales contract
• In conclusion, we note the following.

The bustle, everyday life, noise and dust, standing like a pillar on the streets of large cities, sooner or later push us to the idea of ​​purchasing our own suburban housing. Over the past few years, the demand of Russians for the construction and purchase of suburban real estate has grown by almost 40%, which, in general, indicates an increase in the standard of living of the population and the development of the economy of our country..

When buying a country house, we should first of all decide what kind of accommodation it will be designed for – permanent or seasonal. Depending on this, its cost, location and the presence or absence of certain engineering communications may vary..

Regardless of whether you intend to live in your new house permanently or on short trips, a big plus of such housing will be the developed infrastructure of the village in which it is located. So, when buying a house outside the city, special attention should be paid to the convenience of transport lines, the availability of access roads to the house, year-round water supply, the presence of guards in the village, and most importantly – be patient, since in practice, buying residential real estate is far from the fastest process.

The purchase of a country house can be roughly divided into 3 stages.

Collection and preparation of documents

Buying a country house, like any other transaction, begins with the collection of a package of necessary documents. As a rule, the seller searches for the papers, and the buyer checks them for authenticity. When buying a country house, special attention should be paid to the presence of the following documents from the seller:

1. Certificate of state registration of ownership of a land plot.
2. Certificate of state registration of ownership of the real estate object.
3. Construction permit document.
4. Real estate commissioning act.
5. Documents for individual buildings (garage, bathhouse, shed, etc.).

In addition, the potential buyer is obliged to make sure that there are no boundary disputes with neighbors on the site, as well as make sure that the size of the land plot is consistent with the declared data in the documents.

The real estate seller, in turn, must collect:

Birth certificates of minors and passports of adult homeowners.In the event that one of the owners of the property has not reached the age of majority, his parent, guardian or trustee must apply to the guardianship and trusteeship authority for obtaining the appropriate permission to sell the house. Spouses who own the property should come together to conclude the contract for the sale of the property. If it is impossible for one of the spouses to appear, the party present at the transaction is obliged to present on behalf of its spouse a permission to sell the house, certified by a notary. Otherwise, the buyer runs the risk of facing the problem of “division of property” of the spouses.

Title documents for the property.These include: a sale and purchase agreement, an exchange agreement, a gift agreement, a marriage agreement, a certificate of inheritance, a court decision and other documents.

Cadastral passport.The cadastral passport is an extract from the state cadastre of real estate, containing information about the real estate object, necessary for registering the right to real estate, as well as transactions with it.

Technical passport for the living quarters.The technical passport is an information and reference document reflecting the actual state of housing. Registration of this passport is an integral attribute of any transactions of purchase, sale or exchange of real estate. The technical passport of the building contains information on the number of rooms, the total area of ​​the room, the material used in the construction of walls and partitions, as well as the inventory value of the room.

House floor plan.The floor plan is a graphical application of the technical or cadastral passport of the premises, however, if necessary, it can be produced as a separate document. The floor plan is used to draw up an explication of an apartment, legalize redevelopment, as well as register any real estate transactions. This document is issued on the basis of a corresponding request to the BTI. The term of its production directly depends on the complexity and urgency of the order..

Unified Housing Document (EZD).With the help of this document, citizens of the Russian Federation resolve many housing issues related to real estate transactions: privatization, sale, purchase, exchange, etc. You can get EZD at the Unified Information and Settlement Center (EIRTS), and absolutely free. It is enough to write the corresponding application and attach the necessary documents to it.

Copy of FLS.FLS (financial personal account) is a document containing data about a dwelling and the persons registered in it. The above organization is engaged in issuing copies of the FLS – EIRTs.

Certificates of absence of debt for housing and communal services.Without them, it is not possible to draw up a sales contract.

Certificate from a neuropsychiatric or narcological dispensary addressed to the seller and other registered persons, refuting the presence of mental illness or drug addiction.Often, after the conclusion of the transaction, it turns out (and in a judicial proceeding) that the owner of the real estate is partially sane, insane or partially incapacitated. In accordance with civil law, this means the invalidity of the completed sale and purchase transaction and the legal nullity of the concluded contract.

Notarized application for deregistration.Deregistration is carried out by the territorial bodies of the Federal Migration Service or the local administration of the settlement.

Resolving the issue of heirs applying for real estate.The buyer can make sure that there are no new heirs by visiting the notary who issued the certificate of inheritance to the seller. A rule to remember for both sellers and buyers of real estate: collection and legal analysis of documentation minimizes the risk of a “bad deal”.

Preliminary contract for the sale and purchase of a property

A preliminary contract for the sale and purchase of a real estate object is the official expression of the parties on their consent to further cooperation, which implies in the future the conclusion of a contract for the sale of real estate. This agreement contains the conditions on the basis of which a future agreement will be concluded.

The preliminary contract is the primary form of the main contract. Failure to comply with the terms of the preliminary contract leads to the invalidity of the main contract of sale.

Based on civil law, a sales contract concluded on preliminary terms must contain:

1. Conditions about the item (name, quantity and quality of the goods).
2. Primary terms of the main contract of sale.

In addition, the preliminary agreement must specify the period during which the parties intend to conclude the main agreement. In the event that this issue is not regulated by a preliminary agreement, the main purchase and sale agreement is subject to conclusion within one year from the date of conclusion of the primary document. If the main contract is not concluded within the agreed (or established by law) period, then the obligations arising from the preliminary sales contract are terminated.

It should be noted that the preliminary sale and purchase agreement is terminated at the time of the conclusion of the main agreement between the parties..

In case of evasion of one of the parties from the conclusion of the main contract of sale, the other party has the right to appeal its actions in court, to demand forcing the conclusion of the contract, as well as compensation for losses caused by unjustified evasion of the conclusion of the contract.

A preliminary agreement does not require state registration, unlike the main one. In accordance with current legislation, the main purchase and sale agreement is registered with the State Department of the Federal Service for Registration, Cadastre and Cartography.

Thus, the conclusion of a preliminary sale and purchase agreement is necessary for the official consolidation of partnerships between its parties..

Conclusion of a sales contract

The conclusion of the sales contract is the final stage of the transaction. In accordance with the current civil law, the sales contract is drawn up in writing in the form of a single document signed by both parties. Such an agreement must comply with the mandatory requirements established by the Federal Law and other regulatory legal acts of the Russian Federation in force at the time of its conclusion.

Since the time of Roman private law, we know that the conclusion of any transaction gives rise to the emergence of certain legal relations between its subjects. The sale and purchase agreement for a property is a prime example of this postulate. We list the main rights and obligations of the seller arising from the conclusion of this agreement.

The seller of the real estate object has the right to demand:

1. Payment of the amount specified in the contract.
2. Payment of the value of the property and interest if the house is not purchased on time.
3. Payment for the property.
4. Refusal to execute the concluded contract if the buyer refuses to pay for the purchase and accept the property.

In addition, the seller of the property must:

1. Transfer to the buyer a real estate object free from any encumbrances, if the buyer does not agree to accept the object encumbered with any rights.
2. Reimburse the buyer for losses caused by third parties during the seizure of the property, if the buyer did not know about the existence of the grounds that caused the seizure of the property.
3. To act on the side of the buyer of real estate in the event of a civil claim for the seizure of the object by a third party.
4. Transfer the property to the buyer in the proper form, previously established by the contract of sale.

In turn, the buyer has the right to demand:

1. Timely transfer of the property sold to him.
2. Reduction of the value of the property, as well as termination of the contract if the property is encumbered with any rights.
3. Conformity of real estate to technical and architectural characteristics belonging to the object at the time of the conclusion of the contract.

Thus, the buyer has the right to achieve:

1. Equivalent decrease in the transaction price.
2. Free elimination of defects in the property for a certain period of time (usually within two years).
3. Compensation for losses associated with the elimination of these deficiencies.
4. Refund of the paid value of the property in case of refusal to fulfill the contract.

In this case, the buyer undertakes:

1. Accept a real estate object.
2. Pay for the purchase before or after its transfer, unless otherwise provided by the sales contract or other regulatory legal act.
3. Pay for the purchase of the object at the price established by the sales contract.

To draw up a sale and purchase agreement, as well as its subsequent state registration, you will need the following documents:

1. Joint statement of both parties on state registration of the sales agreement.
2. Receipt of payment of state duty, confirming payment of state registration.
3. Title and other documents listed above.

By registering a sale and purchase agreement, the new owners of the house acquire their legal rights in relation to the acquired property, and the transaction becomes completely legitimate.

A properly executed sales contract assesses, minimizes and eliminates all possible risks associated with the purchase of suburban real estate.

In conclusion, we note the following.

Today, it is almost impossible to protect real estate buyers from the undesirable consequences of this transaction, since even the seller’s title documents do not provide one hundred percent guarantee that he has the right of ownership of the property at a given time.

The real confirmation of ownership is the corresponding extract from the registration book issued by the state registration and land cadastre service. This extract contains information on the rights and restrictions (encumbrances) of rights to the property.

However, even here there is a “loophole” for scammers and swindlers – an extract from the registration book is valid for one month from the date of its issue, therefore, none of the buyers is immune from unscrupulous sellers.

Unfortunately, you can completely protect yourself from fraudsters only by completing a purchase and sale transaction through a registrar and with the participation of a reliable real estate agency – this is the only true (but also the most expensive) way to buy a country house. The registrar will monitor and analyze the situation with the alienated object, and the real estate agency will analyze the history of the real estate object and directly conclude a transaction.