What documents are needed to sell an apartment

The content of the article

• How to sell an apartment
• Documents for the sale of apartments
• Privatized for cash
• In mortgage
• Through a mortgage
• Rooms in a communal apartment
• By inheritance
• By proxy
• Under maternity capital
• Cooperative
• With a minor
• Package of documents
• Conclusion of an agreement
• Registration in Rosreestr
• Video about the order of sale of sale-apartment
• Sale without a realtor
• Transaction from and to

In the life of many of us, there comes a time when you need to buy or sell real estate. To prepare and conduct a deal without errors, in high quality – you will need complete information on what documents are needed to sell an apartment so that at the very last moment it does not appear that only one sheet from the entire list is missing. To avoid having to use paid information services of lawyers, carefully read the rules on how to conduct transactions when buying and selling a personal apartment with different initial options.

How to sell an apartment

As a seller of real estate, carefully read all the stages of pre-sale preparation. By doing the process yourself, you can save the estimated costs of real estate services. Another big plus is the ability to control each stage of the sale. Despite the fact that the process is very time-consuming, requires great care, skills in working with documentation, knowledge of the basics of legislation, you will profitably conduct a transaction, while gaining experience. The main stages of a step-by-step instruction of the transaction:

1. Prepare the apartment and documents for it in advance. Pre-sale preparation of the premises involves not only redecorating, but also the correctness of filling out the necessary documents. The data entered in the technical and other documentation should coincide with real facts, not contain blots, corrections. To assist in checking the correctness of registration of a technical passport for a residential building can employees of BTI. A full set of documents, pre-compiled by the seller according to the list, will speed up the transaction with real estate.
2. Having studied the pricing policy of the real estate market, determine the real value of real estate. You can conduct a search for a buyer yourself by giving an appropriate advertisement in an Internet section or newspaper or by contacting realtors for help.
3. Make a contract (preliminary) sale of housing. This gives guarantees to both sides of the process that the seller will not sell one room again to other interested parties, and the buyer will not change his mind to complete the transaction. The buyer must make a security deposit and must be documented. An agreement on an advance or deposit (different legal concepts with different consequences) is signed by the two parties to the transaction.
4. Accept the full payment for the real estate transaction from the new owner after signing the acceptance certificate of the apartment. Settlement can be made in cash or by bank transfer. After that, ownership transfers to the new owner. At the time of signing of such an act, all previous tenants must be discharged from the living space.

The more thorough and responsible the seller’s approach to the issue of collecting and filing documentation, the more transparent and cleaner the transaction is considered. Not only the time spent searching for a buyer, but also the estimated cost of housing may depend on this. In connection with the periodically changing requirements of the registration authorities regarding transactions for the purchase and sale of premises for housing, it is better to clarify in advance all the nuances in order to protect yourself and the potential buyer from unpleasant surprises.

Documents for the sale of apartments

When planning to sell real estate, you need to clearly understand what category of housing it belongs to. The list of collected documentation that must be submitted to complete the transaction will depend on this. The question often arises, what binding documents are needed to sell an apartment? The information below will help you, without losing too much time, to collect the full set of necessary documentation. Choose your version of documents based on the status of your property and the method of payment.

Privatized for cash

The main documents that are necessary for conducting a transaction with privatized real estate are:

• a document certified by a notary, which confirms the right to dispose of housing;
• passport (technical or cadastral) issued by BTI;
• documents for all people registered at this address: for adults – a passport, for minor children, if any – birth certificates;
• certificate of permission of the guardianship and guardianship authorities (in the presence of minor children);
• mutual consent of each spouse, if there is a certificate of marriage;
• a certificate of the composition of your family, taken in the Housing Office, a copy of the record of the house book immediately before the transaction (it has a short validity period);
• certificates taken in the relevant organizations stating that there are no communal debts at this address.

In mortgage

Selling real estate in a mortgage is a more complicated procedure. If such a decision is ripe, you need to notify the bank or other financial organization in which the mortgage is registered. Early repayment of a loan can only be carried out with the permission of the bank, which financial institutions are very reluctant to do, because they lose interest on profits. A certificate issued by a financial institution stating that the apartment has been removed from the encumbrance provides an opportunity to fix the time of the end of the mortgage, which is stamped on the certificate of registration of ownership.

The next step should be to find a buyer who agrees to buy the property with an encumbrance and make a deposit for it, equal to the amount of the debt on the mortgage. The transfer of money must be confirmed by a notary in order to protect the actions of the buyer. In the deposit transfer agreement, be sure to indicate:

• calculation procedure and total transaction amount;
• the maximum period after which the apartment must be issued to the new owner;
• the time period within which a financial institution must remove encumbrance from real estate.

Through a mortgage

When selling real estate through a mortgage, take into account some nuances that before the final signing of the contract you should be notified that your apartment is purchased at the expense of funds taken on credit from the bank. The registration chamber introduced a very important addition, which states that money should be transferred within a 10-day period. If the seller of the apartment does not receive money during this period, he has every right to terminate the contract.

Rooms in a communal apartment

A feature of the sale of this premises is a properly executed package of documents. In addition to the main list, it should include notifications to all the main owners of the remaining rooms in the communal apartment. It is better if all notifications are confirmed by a notary public and handed over against list. If other people are registered in the room to be sold, they will be required to consent to the sale of the room, certified by a notary. Then all tenants of the room are written out, about which a certificate is taken at the former place of residence.

By inheritance

When selling housing that was inherited from relatives, you need to be absolutely sure that after the transaction is completed, there is no one else who claims this housing. According to the law, if this apartment is owned for less than 36 months, then during its sale a 13% tax will be levied with a one-time tax deduction from the state of one million rubles. If time has passed more than the specified period – do not pay tax.

By proxy

You need to resort to the services of a trustee only as a last resort, if it is impossible to sell a house on your own due to limited physical capabilities. There are several types of powers of attorney associated with the execution of the transaction. Drawn up in the presence of a notary public, it will protect your risks. The power of attorney must contain complete information about the actions that the authorized person can perform, as well as about the amount that is supposed to be received for the apartment sold.

Decide what kind of power of attorney you need: general, only for the delivery of documents or for the sale of residential premises. To make sure that all conditions are met, conduct a check, find the ads for the sale of your apartment, call and find out the conditions of sale. If even small suspicions of fraud arise, it is better to revoke the power of attorney. You can do this at any stage of the sale of housing until its completion.

Under maternity capital

Receiving financial support from the state at the birth (adoption) of a second child, maternity capital, many families use this amount to purchase housing using a certificate. Over time, you may need to increase your living space or change your place of residence for other reasons. Turning to the board of trustees, parents should take a paper stating that the children will not be deprived of their share and rights to it, and future living conditions comply with sanitary standards and will be no worse than those in which the children currently live.

Family members of all ages without fail have ownership shares in the apartment being sold. A statement by the parents, written in their own hands, must contain confirmation that they undertake to create comfortable living conditions for the children. Provide birth certificates for minors and passports of all adults involved in the transaction.

Cooperative

You can deal with the sale of a cooperative apartment if this is not a new building and the share has been paid in full, and it has passed to you as property, as evidenced by a certificate issued by the cooperative accountant. Having such a document, go through the registration of owning your own housing in Rosreestr. After considering your request, you will be given a certificate that you are the owner. Only after that you can begin to deal with the issue of home sales.

With a minor

The protection of the rights of minor children is supported by a large number of laws that state that regardless of age, they are full co-owners of the dwelling. Guardianship authorities strictly control the process of selling an apartment where children are registered. Obtaining a certificate of permission from the Board of Trustees can only be expected if future housing conditions are no worse than existing ones. Without this document, no real estate transaction is deemed valid..

Package of documents

In jurisprudence, the concept of shared ownership of an apartment does not mean square meters and rooms, but the percentage of parts of housing to its total area. Equal ownership of a family of four will mean that everyone has a part. If one or several family members want to sell their part of the apartment, you need to have the following list of documents in the original and copies certified by a notary:

• legal document drawn up in shares between owners;
• confirmation of ownership of the allocated share;
• personal utility bills;
• extract of the house book or certificate from the housing office;
• cadastral plan or technical passport issued by BTI;
• notarized confirmation that the seller is or is not in an officially registered marriage (if there is a spouse, there must be his written permission;
• a written refusal of other equity owners, certified by a notary, of an advantage in the purchase of a sold share;
• confirmation of payment of state duty;
• real estate share purchase agreement.

Conclusion of an agreement

At the last stage of the transaction, questions may reasonably arise: how to draw up a sales contract, observing all legislative acts, what documents are necessary to sell an apartment? A notary or other representative who is well versed in legal information will help you draw up a contract that must contain:

• official data of the buyer and seller of the apartment;
• the exact address of the apartment being sold, including floor, area;
• transaction price for an apartment;
• the agreed terms in which the former owner must leave the premises (it is better if this happens before the contract is signed), and sanctions in case he does not do it on time;
• date of preparation of the document;
• signatures of participants in a transaction certified by a notary.

Registration in Rosreestr

Registration in Rosreestr can be done in two ways – in person and by sending documents by mail. Both parties to the agreement (the buyer and the seller), having appeared in the territorial authority to which the apartment is being sold, must personally write statements about the right to transfer ownership. Forms are filled out and submitted on the basis of passport data, in the presence of a registration service representative. If one of the participants in the sale is absent, he can be replaced by a trustee whose rights are notarized.

If both parties decide to use postal services, not only applications of the established form are enclosed in the envelope, but also copies of passports certified by a notary, copies of transaction documents and confirmation of the original signatures on applications. The letter is sent with a notification of personal delivery, with the attached description of the attachment and is declared valuable. After the sale of housing, the personal income tax return is filled out and filed.

Video about the order of sale of sale-apartment

Summing up the possibility of selling apartments of various forms of ownership, it becomes clear that the solution to the issue should be approached very responsibly in any situation. Before you start searching for buyers, find out what you need for selling an apartment, a complete list of necessary documents. In order to save on paying for the services of a realtor who cannot always provide highly qualified assistance, you can collect the whole set of documentation for a deal to sell an apartment from and to yourself.

See a good example of this approach in one of the videos below. Full control of all stages of the transaction will ensure that at the final stage there are no “pitfalls”, and you can check the documents yourself. The assessment of the cost of housing, the conformity of the plan of the apartment in the data sheet and the actual location of the walls, the residents discharged from the selling area on time – all this will speed up the process of the final signing of the purchase and sale agreement and the transfer of funds, even in the case of a mortgage sale.

Sale without a realtor

Transaction from and to