What are the features of notarization of real estate purchase and sale? What does the procedure for registering real estate transactions in the MFC look like? Is it possible to convert residential premises into non-residential premises?
Do you have the desire and opportunity to purchase real estate, but subconscious fear of bureaucratic procedures prevents you from making a reasonable decision?
I, Valery Chemakin, am a professional legal consultant. I know that fears arise from lack of self-confidence or lack of knowledge. After reading my article, you will arm yourself with knowledge and gain confidence, and completing real estate transactions will seem like a routine task to you.
At the end of the article, I will review several legal agencies that provide assistance in completing real estate transactions.
What is registration of real estate transactions and when is it necessary?
Any transfer of ownership from one home owner to another is registered in the Unified State Register of Real Estate (USRN). This database is administered by Rosreestr. Information is freely available, and anyone can receive the required amount of information about the object of interest.
For the state, registration is necessary not only to keep records of all objects, but also to collect taxes from owners - both individuals and legal entities.
For property owners, such a measure is also necessary. Entering the owner into the Unified State Register means that his rights will be protected against third parties. No one will be able to take away the object from him without a court decision.
Although registration is carried out in Rosreestr, documents for registration of real estate transactions can also be submitted where Multifunctional Centers (MFCs) operate. Reception of documents in such centers is carried out according to the same rules, and the time frame for receiving government services is 2 days higher than in Rosreestr.
In general, it is enough to have in hand a purchase and sale agreement drawn up in any form by the parties to the transaction. In particularly important cases, where controversial issues may subsequently arise, purchase and sale transactions are executed by a notary. He also draws up an agreement, which he prints out on a special form with watermarks.
In what cases is a purchase and sale agreement concluded by a notary:
- donation, sale, exchange of one or more shares of common property to any person, even one of the owners;
- the same actions when there is a minor among the owners;
- when the entire property shared by all family members is sold.
It is noteworthy that according to the Civil Code of 1964, registration of real estate and all transactions with it required a trip to a notary. Read about this in our feature article.
Concept, list of transaction forms
The form of transactions is the external expression of the free will of the participants in the transaction.
According to civil law, any transaction is a volitional action, an act of manifestation of free will, which concerns the acquisition, change, termination of the rights and obligations of a person. Transactions in various forms can be carried out between legal entities and individuals who have the main property necessary for free expression of will - legal capacity.
The main forms, according to the provisions of the Civil Code, are the oral and simple written form of the transaction. In addition to these forms, there are:
- conclusive actions as a form of transaction;
- silence as an expression of free will;
- written notarial form.
To execute a written transaction, in some cases it is necessary to carry out a number of additional actions:
- to seal;
- certify the document with signatures;
- invite witnesses to sign such a transaction.
The rules governing the rules for signing agreements are set out in the provisions of the Civil Code.
What determines the price of real estate transactions - an overview of factors influencing the cost
The price is influenced by the complexity of the procedure itself, the cost of the facility, and the duration of the procedure. In addition, the method of completing the transaction plays an important role in pricing. Contacting a notary is expensive. To this you need to add consent from the spouse, which costs 1000 rubles.
The amount of the state duty upon registration itself is determined by the tax code and depends on the type of object. I propose to take a closer look at the three main factors that influence the price of real estate transactions.
Factor 1. Cost of the property
The transaction amount plays a big role when registering ownership. Read our detailed article about this procedure. This relates not so much to the State Duty, but to the calculation of the cost of third party services. For example, the notary must be paid a certain percentage of the cost of the housing being sold.
Example
I recently purchased a two-room apartment, which was shared ownership between a mother and daughter. Such transactions are concluded with a notary. At the first application, all documents for housing were provided.
After review, the notary announced the price, which was almost 1% of the transaction amount. The sellers paid 18 thousand rubles out of the cost of the apartment of 2 million rubles.
When contacting lawyers for real estate transactions, the tariff for their services is also calculated based on the transaction amount, although not always.
Factor 2. Complexity of the procedure
An important role in pricing is played by the complexity of the paperwork procedure itself for real estate transactions. The fact is that many objects are not provided with all the necessary documentation that should be available during registration. In particular, technical passports, cadastral diagrams, and other important documents may be missing.
Sometimes situations arise in which the object of the transaction becomes the object of a dispute between relatives or heirs. Resolving such situations also requires financial investments. Therefore, the more such difficulties, the higher the cost of a real estate lawyer[/anchor].
Factor 3. Time costs
Often, completing a transaction requires spending more time than would normally be required. For example, when the owners or heirs live in different cities, and it takes time for them to arrive. Sometimes, in order to register real estate, you need to obtain the right to do so in court. Such legal issues are also not resolved quickly. The longer the period, the more you have to pay.
The procedure for registering real estate transactions - 5 main stages
Let's move on to a practical consideration of the algorithm for processing real estate transactions in accordance with the latest changes in legislation.
I will try to mention all the nuances here so that it is crystal clear to you where to go and what to do.
Suppose you liked the apartment from the advertisement for sale, and you decided to buy it and register it as your property.
First of all, contact the seller and find out from him how many people own this object. Also ask if there are minors, and if the property was inherited. This information is of decisive importance, since further actions to register ownership of the apartment depend on it.
Stage 1. Document analysis
Having received verbal information, arrange a meeting with the seller and ask him to bring the originals of all documents. This is a mandatory condition, since scammers often use photocopies under various pretexts. Carefully study all available documents.
Make sure that this is really the owner of the property. Check his passport and compare the data with those written in the ownership document. Please note that from the beginning of 2021 the certificate will not be issued. Instead, the owner is given an extract from the Unified State Register of Real Estate.
If there are several owners, contact a notary. The presence of all owners is required. The only exception is the action of one of the owners on behalf of the other on the basis of a power of attorney from a notary of the established form.
Check the availability of technical documentation for the facility. This is especially important when registering ownership of an apartment in a new building. Why? You will learn about this from our feature article.
Stage 2. Agreeing on the terms of the transaction
At the first meeting with the seller, agree on the final amount of the transaction, because no one has canceled the auction yet. Also discuss the terms of mutual settlements. When and how you will transfer money for the object, you need to decide at this stage.
And:
- agree on what furniture remains in the apartment, or better yet, reflect this in the transfer deed;
- within what period the seller undertakes to vacate the property;
- when he gives you the keys.
Stage 3. Preparation of applications and contracts
If your transaction is simple and does not require the participation of a notary, then draw up the agreement yourself. The notary himself prepares the text of the agreement, prints it on a special form and staples it, as required by Rosreestr. When compiling it yourself, take into account all the nuances that may arise.
Sign a simple agreement directly at Rosreestr or at the MFC. When using the latter, there is no need to stitch it. This will be done by the center staff. Also write an application for registration of real estate transactions directly at the office of Rosreestr or MFC. In the latter case, you will not have to do this, since the application will be printed out and given to you to sign.
Stage 4. Submission and receipt of documents to the Federal Registration Service
As I said earlier, you can submit documents directly to Rosreestr or MFC. This procedure is simple.
In addition to the application and the agreement signed by both parties, you will need:
- original passports of the seller and buyer, from which employees will make a copy and attach them to the file;
- document on ownership of the property;
- technical documentation: technical passport, cadastral plan;
- a copy of the receipt for payment of the state duty, which is paid by the buyer.
Now about what documents are needed for inheritance, donation and other options different from the one under consideration.
Since the execution of a real estate transaction does not take place under a purchase and sale agreement, instead a document is provided that serves as the basis for the transfer of ownership: a deed of gift, an inheritance certificate, a judicial act, a bailiff’s decree, a privatization agreement and other similar papers.
Stage 5. Transfer of funds
Since buying a home and completing real estate transactions entails payments in a large amount, think about the procedure for transferring this money in advance. You should not pay in cash directly at the conclusion of the contract. There is a danger of running into scammers who will run away with the money and the property will not be registered for you.
It is better to use a safe deposit box to transfer cash. The seller will receive the money only after the title has been registered to you. There are other ways to transfer money, but read about them in the article on supporting real estate transactions.
Cases in which silence is recognized as an expression of will
Silence, according to the law, is the basis and sign of concluding a transaction in the following cases:
- A buyer who has purchased a defective product does not have the right to point out these problems.
- The tenant continues to use the leased property after the conclusion of the contract, and the lessor does not take direct actions regarding this contract. In this case, the contract is considered automatically extended.
- Other contracts that, upon expiration, are not extended or interrupted by the person who provided services under the contract.
- If after the end of the term of the trust agreement there is no expression of will to extend or terminate this agreement.
Assistance in completing real estate transactions - review of the TOP 3 companies providing services
The real estate industry is a sweet spot for entrepreneurs. There are a large number of law firms on the market that provide similar services.
Many of them deal only with documentation, others take on the entire range of tasks related to this issue. Real estate companies have the same functions.
Below I offer an overview of 3 companies that process real estate transactions for relatively little money and with good quality.
1) Lawyer
This company stands apart from other similar ones. Initially, it was created as legal advice on the Internet. The website of this company is equipped with a feedback form. Through it, anyone can ask questions that interest them. Therefore, if you want to submit documents yourself, but want to find out how to do it correctly, or consult on some nuances, feel free to go to the Lawyer’s website and ask a question.
Lawyer has employees who live in various cities of Russia. Your question will be answered by the employee who has great competence in this area. If you need detailed advice, you will need to pay a small amount not exceeding 900 rubles. In addition, there is an opportunity to get a free consultation. However, in this case only general recommendations will be given.
]Pravoved[/anchor] provides not only consulting services. If you need a good lawyer to fully support the purchase and sale of an apartment, look for him through the website. A person who lives near you will definitely respond and is ready to provide legal assistance.
2) Dissenting opinion
The company deals with real estate transactions by proxy from clients. In addition to lawyers, the staff includes construction specialists, cadastral engineers and appraisers. This allows us to provide a full range of services.
Sequence of services provided:
| № | Service | Description |
| 1 | Documentation analysis | During the analysis, they conduct a legal examination of documents, identify inconsistencies if they exist, and also check for legality |
| 2 | Request additional materials | In the absence of any required documents, all necessary materials on the case are requested from various sources in order to study the history of the object and eliminate unpleasant consequences for the client |
| 3 | Preliminary negotiations between the parties to the transaction | At this stage, the form of the terms of the transaction is determined, as well as the conditions that will be reflected in the contract |
| 4 | Signing contracts and making payments | The buyer and seller sign the agreement in the presence of the company’s lawyer and make mutual settlements in ways convenient for them |
If you need to register ownership of a house, please contact.
3) Legal service center
The company has been operating in the legal services market since 1998 and is one of the 50 best law firms in Russia. Management monitors well the interests of each client.
Company Services:
- real estate consulting;
- paperwork;
- collecting information and checking the purity of the transaction;
- full support of registration of land ownership and other transactions;
- legal examination of documentation.
The Legal Service Center does not inflate prices for its services, which guarantees a constant influx of clients.
This concludes my review, I suggest watching a thematic video before considering another interesting question.
Fraud and safe transaction
Replacement services and guarantors
Safe transaction services do not always guarantee fair payment. Guarantors have also become a type of fraud, when platforms only pretend to offer a secure transaction. In fact, you risk being left without funds completely.
Thus, Avito has fought with scammers more than once. Already when purchasing a product, you are offered to place an order through the Avito.Delivery or Avitoships services. According to sellers, these are official platform delivery services, but in reality they are nothing more than a fake. Both sites are already blocked at the time of writing. But there is no doubt that they will not become the last exchange services.
Fake guarantors are also not uncommon. For example, on freelance exchanges, customers may offer you to complete a secure transaction with a deposit on both sides. At the same time, offering his guarantor. One of these, SecondPass, is already blocked in the web version. But his Telegram bot and the account of a scammer pretending to be a customer are active.
How not to be deceived
How to protect yourself from scammers and conduct a truly safe transaction?
- Do not conduct transactions outside of the platforms on which you purchase goods or services. Don’t be fooled by contractors’ claims that they want to earn more.
- Never transfer a deposit if you are offered a job. Whatever it is, only the client pays.
- If you use freelance services, conduct transactions only on exchanges. Cooperate directly only with those you truly trust. But even in this case, pay in installments.
- Pay for goods or services only after receiving a guarantee of fulfilled conditions. Use services that support conflict disputes.
- Google it! Check your customers, sellers or buyers. Services they check for you. Services that are ordered for you. Often active scammers quickly receive negative reviews and discussions on portals and forums.
A secure transaction is the basis of interaction on the Internet. Do not neglect guarantors and proven services, check the information about the transaction. Remember that scammers regularly come up with new deception schemes. This means that only your attentiveness and trust only in proven services and people will help you protect yourself and your money.
How to complete a complex real estate transaction - we convert residential premises into non-residential premises in 4 steps
Until now, we have considered more or less simple real estate transactions. This does not mean that all objects without exception are so easily registered.
There are so-called “complex” real estate transactions, the execution of which requires additional effort.
I propose to consider in practice the issue of transferring residential premises to non-residential ones. This temptation arises among those owners whose housing is located on the ground floor of the building, but is not used for its intended purpose. If you transfer the apartment to the status of non-residential premises, you can profitably rent it out to legal entities or individual entrepreneurs.
Step 1. Collect documents and contact the appropriate authorities
Before doing this, you need to understand the rules that are clearly stated in the housing code.
When you cannot transfer an apartment to non-residential status:
- if the premises cannot be equipped with a separate entrance in addition to the entrance;
- if you do not want to transfer the entire apartment, but only individual rooms;
- if the apartment is leased or is pledged;
- if it is not on the first floor of an apartment building.
To carry out this entire procedure, you need to collect a certain package of documents, but the decision will be made by the authorized body, and it is not always positive.
Documentation:
- statement;
- title deed;
- registration certificate;
- redevelopment plan;
- floor plan of the house.
In addition, officials have the right to require the owner to provide the consent of other residents of the house whose interests may be affected.
Step 2. Contact BTI to determine the cost of translation
It is not enough to submit documents to transfer residential premises to non-residential ones. It is also necessary to submit a detailed plan for the future non-residential premises. To do this, first contact the BTI, where they will make a full calculation of the cost of services. Find out the amount of the state duty there.
Step 3. Change the layout and coordinate actions with the competent authorities
If a different layout is needed for future non-residential premises, then permission for reconstruction must be obtained from the construction department of your municipality. A specialist in the field of construction and architecture will come to the site, who will examine the apartment and give an opinion on the possibility or impossibility of redevelopment according to your sketch.
Step 4. We formalize ownership of non-residential premises
After you complete the reconstruction, you need to call BTI employees, who will take all measurements and prepare a new technical passport for this room. Then contact Rosreestr or the MFC with an application for registration of non-residential premises.
