Certification of real estate alienation transactions.

What is alienation of real estate

By alienation of property, lawyers mean all transactions related to the transfer of ownership from one person to another, for compensation, free of charge or on a forced basis.
Alienation of property - what does this mean? From a legal point of view, there is no such term as sale or donation of real estate. The concept of alienation of property is applied to such legal relations.

The alienation of the specified property means such a legal transaction (alienation agreement), as a result of which the owner of the specified property transfers the right to it to another person.

The alienator may be individuals or legal entities. As well as the state, represented by territorial or municipal bodies.

The acquirer can be citizens of our state who have legal capacity, as well as legal entities that conduct any (commercial and non-commercial) activities.

Transfer of rights to such property can occur in the following ways:

purchase and sale agreement, that is, when the owner of the property sells it to another person and receives compensation for this (voluntary alienation);
a gift agreement, in which the owner of an apartment or other object gives it to his relative or other person (including a legal entity) without receiving any remuneration for it (voluntary alienation, without receiving material benefits);
making an exchange when a piece of real estate is transferred to another person, who in return transfers some thing or other material benefit (car, jewelry). In essence, this is also a voluntary alienation with the receipt of certain material benefits;
gratuitous transfer (for example, during confiscation), or other legal actions by government authorities (requisition).

In fact, the alienation of property is the process of transferring ownership rights to it from one person to another on compensated (receipt of any material benefit) or gratuitous conditions.

It is important to remember that the fact of transfer of rights is confirmed only after their official state registration for any real estate in a special state register.

What it is

First of all, let's understand the terminology. Concepts such as the sale of real estate, barter and donation are widespread in society. All these actions ultimately lead to the transfer of ownership of real estate from one person to another, as a rule, in exchange for other property or banknotes (with the exception of the transfer of material goods under a gift agreement).

From a legal point of view, such transactions can be characterized by one expression: alienation of real estate is the official term. It refers to actions (voluntary or forced) associated with the transfer of ownership of material goods from one person to another. Both individuals and legal entities, as well as government bodies, have the right to act as participants in the transaction.

For a better understanding, let’s look at what it means to “alienate.” In accordance with modern dictionaries, this word denotes the procedure for transferring property in favor of another person. From a legal point of view, this means the transfer not so much of a material object as of the ownership rights to it.

Reference! The main feature of the procedure is that after it is carried out, the person previously listed as the owner loses ownership of the object.

In this regard, such transactions differ from the transfer of real estate for temporary use, which does not provide for the loss of ownership rights. With rare exceptions, alienation is the right of any owner.

Grounds for alienation

There are several grounds for the alienation of real estate (house or land). If it occurs voluntarily, the basis is the sale of material goods, their exchange for other property, or the renunciation of property rights in favor of another person without receiving compensation (donation).

In the case of forced alienation, the following grounds are distinguished:

Confiscation. It is used, for example, when detecting illegal sources of income that served as the basis for the acquisition of an object.
Redemption of cultural property. Some properties that are privately owned by citizens have cultural value for the country. In this case, municipal authorities have the right to initiate the alienation procedure without obtaining consent from the owner, but with the provision of compensation.
Collections due to unfulfilled obligations. A classic example is the repossession of an apartment mortgaged on a loan. If the terms of the loan are not met, the lender has the right to initiate this procedure to cover its own losses.
Confiscation of real estate for the purpose of constructing important local infrastructure facilities in its place. The alienation of land for the construction of a highway is a classic example. A similar possibility is provided for in article number 49 of the Land Code of the Russian Federation. It also contains a list of objects for the construction of which the procedure is allowed. In addition to this article, this possibility is also provided for in Art. 279 of the Civil Code of Russia.

Forced alienation of property rights is carried out on the basis of a decision of the executive body of local authorities (if the real estate is transferred to state funds) or in the presence of an appropriate court decision (this also applies to the alienation of a land plot).

What is the concept of alienation of property

First of all, it is necessary to answer the question, what exactly is alienation of property? Alienation of property is the transfer of an object to another person . Civil law provides a clear definition of this term, which states that alienation of property is the transfer of any object into ownership of another person. This can be either movable or immovable property.

But if you look at this from the other side, then, at first glance, it may seem that the refusal of the right to use with the subsequent transfer of property for temporary use has nothing to do with the alienation of real estate. In addition, the waiver of intellectual property rights has nothing to do with this category.

Objects of intellectual property and various types of services are not subject to alienation. But as for money and things, this is directly related to alienation.

Alienation of an apartment occurs as a result of:

Purchase and sale transactions are the most popular type of transactions: when selling housing and registering ownership rights to another person, real estate is alienated.
As a result of exchanging an apartment for any material assets or when exchanging for another property of any type. In this case, alienation of housing also occurs.
When donated, since the owner of the apartment changes.
In all other cases, when the owner of the apartment changes - forced alienation by a court decision and the like. The agreement for the alienation of the apartment will take place regardless of the reason for the change of owner.

Lawyers have such a term as shared ownership of housing. It means that the apartment (or other residential premises) does not belong to a single owner, but a shared owner has a certain share in the apartment. Alienation of a share in an apartment occurs in exactly the same way; all transactions with shares are regulated by current legislation.

Cost of a share in an apartment

There is a common misconception regarding the share in an apartment, or more precisely regarding its cost. Its essence is as follows: many believe that the cost of a share equal to a quarter of an apartment is equal to the cost of a quarter of the apartment. This is far from true, because in practice, a share in an apartment is unsuitable for living, or is inconvenient or of little use; accordingly, the cost of a share in an apartment is calculated fundamentally differently, and it is significantly lower than many people think.

To complete a transaction as a result of which the apartment will become the property of another owner, consent to alienate the apartment is often required.

In what situations is it possible to alienate an apartment?

As mentioned above, rights to real estate can be transferred either at the will of the owner or against it. If the owner has given permission to alienate the apartment , we are talking about a voluntary transfer of rights and may concern the following situations:

sale is one of the most common paid real estate transactions. At any time, if there are no restrictions on this, the owner of the apartment can sell it to anyone, and the buyer receives grounds for the transfer of ownership rights to him. The owner, accordingly, loses such rights;
donation – free voluntary alienation of an apartment, when the rights to it are transferred from the owner of the property to the recipient. In order for the new owner to be able to formalize the rights to real estate, the agreement must be officially executed and registered in the prescribed manner;
exchange - exchange of an apartment for other real estate or other material assets (but not money, since then this would be a purchase and sale agreement). It is also a very common form of transactions when the owner of an apartment can exchange it for a country house, a car, etc., or, for example, exchange one large apartment for two smaller ones. Rights are alienated on the basis of a special exchange agreement;
lifelong maintenance is a special form of legal relationship when the rights to real estate are transferred to a person in exchange for the provision of a number of services to the owner from the moment the contract is executed until his death. Typically, this option is used by single elderly people who transfer their housing in exchange for care and maintenance.

In addition to situations where rights to real estate are transferred voluntarily, there are also options for the forced alienation of rights to an apartment:

for debts - the most common forced alienation. If housing is purchased with a mortgage, it will be pledged to the bank until the debt is fully repaid. If the buyer refuses to pay and violates the payment schedule, the financial organization can go to court and forcibly take away the property;
confiscation - if the owner of the apartment is convicted of certain types of criminal offenses, his property may be subject to confiscation (most often we are talking about economic crimes). In this case, the rights to real estate are forcibly alienated in favor of the state;
by decision of the authorities or local authorities - the reasons for such a decision may be different, for example, uncoordinated redevelopment that threatens the house or other residents, systemic failure to pay for utilities, demolition of the house where the apartment is located, etc. In some cases, compensation is provided to the owner (if the housing is alienated through no fault of the owner), in others there will be no such compensation;
in case of detected violations of the law - if a purchase and sale transaction or other agreement is challenged in court and declared invalid, this automatically cancels all its consequences, including the transfer of ownership to the new owner. In this case, the apartment will be alienated in favor of its previous owner.

Grounds for alienation

There are various reasons why an owner is deprived of ownership rights. First of all, it is necessary to establish that this procedure can be carried out both on a voluntary basis and in a forced mode.

Regarding the first, everything is clear - the owner intends to transfer ownership to another person on the terms that they initially agree on.

In the second case, the alienation is of a forced nature, which must be justified by the state or municipality when the apartment is seized.

In what cases is the legal owner deprived of ownership of real estate?

If law enforcement agencies have discovered the fact of illegal actions regarding the purchase of an apartment or the receipt of sources of income that served as the basis for the purchase of an apartment, then in this case the property will be confiscated.
If the state buys out some historical objects (for example, houses). In this case, the municipality has every right to seize the property with subsequent compensation.
If a citizen does not fulfill any obligations. For example, a citizen has mortgaged an apartment as an outpost for a loan and does not pay his obligations. In this case, the bank has every right to take the apartment for debts.
If on the given site where the house is built, it is planned to build some object important for the infrastructure (for example, a road). In this case, the authorities have the right to seize your home, but with subsequent compensation.

Forced alienation must be ordered by a court or based on a decision of local authorities.

Consent for alienation will be required:

When alienating an apartment by one of the married spouses from the second spouse.
If there are family members living in the apartment and having the right to use the housing.

In some cases, a ban on alienation is imposed on a particular home, that is, transferring it into ownership to another owner is impossible until the ban is lifted. The most common cases in which the ban on alienation of housing is applied is the purchase of an apartment using mortgage lending.

In this way, the bank guarantees itself that the property will not be transferred to another owner without full payment of the entire mortgage loan amount. Accordingly, alienation transactions with such housing are impossible.

Also, a ban on the alienation of an apartment can be imposed by a court decision by a bailiff, until the end of legal proceedings, payment of the owner’s debts, or for other reasons.

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Forced alienation of property

Forced alienation can only occur if a plot of land was seized for state needs. In addition, if the owner uses the land improperly, it can also be forcibly seized.

When alienating a property, various agreements can be concluded between the parties:

Purchases and sales,
Exchange,
Donations.

When concluding a purchase and sale agreement, the property is transferred to the other party after payment is made to the seller’s account.

A similar situation also occurs when selling the right to a property. When signing an agreement for the exchange of property, one party has the right to exchange one thing for another, more significant for him at the moment. In such a case, the parties participating in the transaction act as both a buyer and a seller at the same time. After all, they are obliged to transfer and accept property or an object that previously belonged to the other party.

As for concluding a gift agreement , the object will be transferred to the donee. He has the right to dispose of it free of charge, in accordance with the terms of the agreement. In addition, the donor has the opportunity to release the donee from the donee’s property obligations. In addition, it is worth noting that the alienation of a property may take the form of a donation. At first glance, this resembles a gift agreement.

The only difference is that it represents the right to transfer a property for public purposes. If one of the parties refuses to fulfill the obligations, then the alienation procedure is carried out by court decision. The owner who previously had the right to the property is deprived of it after it is transferred to another person. This is due to the fact that the last party immediately accepts the property. Of course, she has legal ownership.

Retention of the right to use residential premises after its sale

The purpose of this article is to bring up for discussion the problem associated with maintaining the right of use for individuals after the alienation of an apartment. I hope that my colleagues will express their position and share their practice in resolving this issue in their region.

Consideration of the problem is proposed in the field of mortgage lending: mortgage by force of law (conclusion of a purchase and sale agreement) and mortgage by force of agreement (conclusion of a mortgage agreement).

This article does not imply a study of the legal nature of the right to use residential premises: its proprietary or legal nature. Only the practical part is expected to be studied.

I. Is it necessary to establish a list of registered (residing) persons in the alienated premises?

Today, the position according to which it is necessary to first obtain information about registered persons in residential premises seems more justified.

To confirm the relevance of the problem of preserving the rights of persons living in the premises, the following should be noted:

1. Traditionally, in practice, two categories of subjects are distinguished, the right of use of which is retained upon alienation of residential premises (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the 4th quarter of 2005 (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation dated 01.03.2006)):

1.1. citizens who refused the privatization of residential premises and retained the right of unlimited use;

1.2. minor, incapacitated family members of the owner who are under guardianship or trusteeship;

2. an essential condition of the contract for the sale of residential premises in which persons live who, in accordance with the law, retain the right to use this premises after its acquisition by the buyer, is a list of these persons indicating their rights to use the premises (clause 1 of Article 558 of the Civil Code of the Russian Federation).

Violation of this requirement entails recognition of the purchase and sale agreement as not concluded (clause 1 of Article 432 of the Civil Code of the Russian Federation);

3. when concluding a mortgage agreement, the mortgagor is obliged to warn the mortgagee in writing about all the rights of third parties to the subject of the mortgage known to him at the time of state registration of the agreement (rights of pledge, lifelong use, lease, easements and other rights).

Unlike the sale of real estate, violation of this requirement gives the mortgagee the right to demand early fulfillment of the obligation secured by the mortgage or change the terms of the mortgage agreement (Article 12 of the Federal Law of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate).”

If the requirement for early fulfillment of the obligation secured by the mortgage is not fulfilled, then the mortgagee has the right to foreclose on the subject of the mortgage (clause 4 of Article 50 of the Mortgage Law).

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It seems that the application of similar rules that would allow the recognition of a purchase and sale agreement as concluded would be more justified from the point of view of protecting the rights of the buyer and persons living in the premises

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In any case, the termination of the right of use is not specified in the Mortgage Law. Obviously, the presence of such a real estate encumbrance as the “right of residence” will in the future create problems with the sale of premises with the specified encumbrance (sale at a significant discount that does not cover the mortgagee’s losses).

II. Judicial proceedings in similar disputes are based on the following provisions:

1. Clause 18 of the Resolution of the Plenum of the Supreme Court dated July 2, 2009 No. 14: Clause 2 of Article 292 of the Civil Code of the Russian Federation cannot be applied to former family members of the owner of residential premises, since, by giving consent to the privatization of residential premises occupied under a social tenancy agreement, without which it would have been impossible, they proceeded from the fact that the right to use this residential premises for them would be of an indefinite nature and, therefore, it should be taken into account when transferring ownership of the residential premises on the appropriate basis to another person (for example, purchase and sale , exchange, donation, rent, inheritance);

2. when resolving the issue of termination of the right to use residential premises by citizens who refused to participate in privatization, the circumstances of the actual residence of these citizens in the residential premises are subject to clarification, and in the event of their non-residence - the reasons and period of non-residence, the nature of the departure - forced or voluntary, temporary or permanent, whether other persons interfered with their use of residential premises, whether they acquired the right to use another residential premises in a new place of residence, whether they fulfill obligations under the contract to pay for residential premises and utilities (Part 3 of Article 83 of the Housing Code of the Russian Federation , paragraph 32 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14, determination of the Supreme Court No. 49-KG15-7 dated August 4, 2015);

3. in accordance with Article 35 of the Housing Code of the Russian Federation, when deciding on the issue of eviction, the presence of two legal facts is necessary: termination of the right to use the residential premises and the citizen’s failure to vacate the residential premises (JSC IC for Civil Cases of the Armed Forces of the Republic of Bashkortostan dated 02/04/2014 in case No. 33- 1454/2014).

III. How to check the seller’s information about the presence/absence of persons registered in the apartment?

Previously, there was a practice of providing such certificates to housing departments and passport offices. Currently, an increasing number of housing departments refuse to provide this information, justifying their lack of authority to do so and making reference to Order of the Ministry of Internal Affairs of the Russian Federation dated December 31, 2017 No. 984. However, this order does not establish the procedure for providing certificates of registered persons: the registration procedure is regulated and deregistration.

Homeowners' associations or housing management organizations are currently retained in the list of persons responsible for receiving and transmitting to registration authorities documents for registration and deregistration of citizens (Resolution of the Government of the Russian Federation of July 17, 1995 No. 713).

The Ministry of Internal Affairs of the Russian Federation, in turn, provides information about the place of registration of a specific person, and not a list of all persons registered in the apartment.

Thus, there may not be direct information about registered individuals.

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The following verification options are available:

1. request information about your personal account (confirmation of payment for utilities and major repairs). Resource supply companies may indicate the number of registered persons on receipts;

2. request supporting documents for residential premises: apartment, room. If this is a privatization agreement, then you need to look in it for an indication of the person who retains the right of residence, but does not participate in the privatization

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Alienation of a share of an apartment, features of such transactions

Among some of the problems that property owners face is shared ownership of a property.

Shared ownership means a situation in which one object (apartment, house) has several owners, and each of them owns a part of it. Naturally, the current legislation protects their rights in the following way.

According to the Civil Code, as well as Federal Law 159 on the specifics of the alienation of real estate, shared owners have the primary right to acquire a share of the property.

Therefore, a person who decides to sell part of an apartment or house, after deciding on the price, is obliged to make an offer to the other owners.

With shared ownership of property, the alienation procedure becomes significantly more complicated

Only after they refuse can you safely carry out the transaction and sell your part to any individual or legal entity. Naturally, this transaction will be notarized.

To avoid any questions from the notary, you can do the following:

Written statements are taken from other owners that they are not against selling the share to another person, to which a photocopy of the applicant’s passport is attached so that signatures can be compared and authenticity can be verified.
The second method, which is more effective, is to invite the co-owners to the notary, and assure them of their refusal in the prescribed (written) form.

Procedure for carrying out the alienation procedure

In order for voluntary alienation to be carried out within the framework of the law, it is necessary that the following procedure be followed:

the documents necessary to complete the procedure are being prepared - in addition to the agreement on the basis of which the alienation takes place, the owner’s title documents, technical documents for the apartment, as well as confirmation of the identity of both parties to the transaction will be required. Apartment alienation agreement – what is it? In fact, everything is simple - this is any agreement that gives the new owner the right to formalize property rights (purchase and sale agreement, gift, exchange, etc.);
The agreement must be drawn up in writing, after which it is signed by representatives of both parties in the presence of a notary. The document must indicate mandatory parameters, such as the subject of the agreement, the parties to the transaction, the amount (if it is a sale), etc.;
After signing the contract, it is necessary to re-register ownership rights to the new owner. This is done with the help of an application to Rosreestr, to which additional documents are attached, primarily a previously signed agreement. After the owner changes in the register, the transaction is considered completed.

As for forced alienation, it usually occurs by court decision, and the executor is the Bailiff Service. In any case, the former owner of the apartment must be notified in writing that he has lost his rights to the property, as well as what caused this decision.

If you want to alienate an apartment or are threatened with forced deprivation of the right to it, contact a real estate lawyer for help . This specialist will help with the preparation of all the necessary papers, advise on the correctness of the alienation procedure, and, if necessary, will defend your interests in court.

Basic package of documents for the seller

To carry out the alienation procedure, the seller will need to collect the following package of documents:

A citizen must have an agreement on the basis of which the procedure for re-registration of property rights takes place. This could be a real estate purchase and sale agreement, an apartment donation agreement, an apartment exchange agreement.
If the apartment is in shared ownership, then the citizen will need a written agreement from all co-owners of the property.
Refusal of the co-owners to purchase the part of the apartment being sold.
An extract from the Unified State Register of Real Estate, which indicates everything registered in this residential premises.
Cadastral and technical passports.
Application for the alienation procedure.
An extract from Rosreestr, which indicates the absence of encumbrances on this property.
An extract from the house register showing that there are no debts on utility bills.

Documents must be carefully checked and current at the time of submission to the government agency.

The citizen will also have to submit two applications to the authorities:

Application for transfer of ownership.
Application for registration of property rights for the new owner of the property.

What documents need to be prepared when alienating property?

In order for the alienation of property to be recognized as legal, the parties to the transaction will need to ensure the correct execution and registration of all documents

In order for the alienation process to be correct, and from a legal point of view, such a transaction cannot be canceled, the parties and participants must know what list of documents is necessary.

On the part of the seller, or the one who alienates, first of all, it is necessary to have a document that confirms his ownership. This can be a purchase and sale agreement, a gift, an inheritance, or a privatization certificate.

If the property is in joint shared ownership, then statements from the other owners will be required that they have been notified of the intentions of alienation and are not against it.

The next thing is the availability of documents from the passport office (district migration service, housing office) about who is registered in the real estate. This is not necessary for commercial real estate.

When conducting a transaction involving the alienation of property, any document or even a certificate may be important; this fact must not be overlooked

If at the time of alienation it is determined that some family members have not been deregistered, then the new owner will have problems with their deregistration. The last thing is the presence or absence of debt for utilities.

Despite the fact that such a certificate is not important and does not affect ownership and disposal, the debt may entail going to court and seizing the apartment or house.

The last document is an extract from the register, which will confirm that at the time of the transaction, the apartment, house or other object is not leased for long-term, there is no arrest or other prohibition on alienation.

If the transaction goes through a notary, then the latter is obliged to check it himself.

There is no need to collect any documents for the person who will become the new owner; the main thing is to check that the buyer has the necessary information.

It is important to know that immediately after concluding an alienation transaction, the new owner must register it in a special state register. And only then will there be a complete transfer of ownership.

Alienation of real estate refers to the process of transferring ownership of it from one owner to a new one. It can be paid or gratuitous.

Why do you need a cadastral technical passport when selling an apartment?

Cadastral and technical passports during the procedure of alienation of real estate are needed in order to:

establish land surveying of an apartment or house;
check the master plan of the property and its full compliance with the actual plan of the apartment;
establish the cadastral value, which is also the estimated value of the apartment during the forced alienation procedure by authorities - the municipality or the state as a whole.

The cadastral document also contains information about the registration of this residential area in the Cadastral Chamber

EGRN - what shows where to get it

An extract from the Unified State Register of Real Estate shows the presence of registered citizens in the apartment that is for sale. Before the re-registration of ownership rights, all persons must be registered. This will be confirmed by an entry in this statement.

What documents will be needed

During alienation, the property owner needs to prepare a package of documents. It includes the following papers:

A purchase/sale agreement or other document securing the transaction, including a gift agreement. The transfer of ownership is also possible under an agreement, the subject of which is the alienation of real estate.
Consent of other property owners.
Refusal to purchase, drawn up by citizens owning other shares, in the case of shared ownership.
Documents for citizens registered in the residential premises, if a house or apartment is for sale.
A certificate from Rosreestr indicating the absence of encumbrances associated with real estate. If the transaction goes through a notary, the latter will find out this information himself.

Attention! Although the buyer is not required to do anything, he is advised to carefully check all documents provided by the seller.

The real estate market is actively used by scammers; the absence of any document is grounds for refusing the transaction. These papers will also be required during registration of the new owner in Rosreestr.

In addition to these, you will have to make two statements:

on the transfer of rights;
on registration of rights.

Additionally, the buyer will be required to prepare copies of an identity document. You will also have to pay a state fee of 350 rubles and provide a receipt confirming the fact of depositing funds.

The procedure for alienation of a land plot is regulated by the Civil and Land Codes of the Russian Federation. Most often it is carried out voluntarily, but forced seizure is also possible.

When selling a share in an apartment, a mandatory stage of the procedure is the refusal of its acquisition by other owners. If the share belongs to a minor, permission from the guardianship authority will be required. Failure to comply with these rules will result in the transaction being canceled by the courts.

What is a deed of transfer - form contents

The transfer deed is a document that confirms the full fulfillment by the parties to the contract of their obligations and conditions. It is evidence of the actual entry into force of the contract, that is, the buyer becomes its full owner.

The deed of transfer has the form established by the Civil Code of the Russian Federation, which is made up of:

places and dates;
passport data of the parties;
the name of this document;
information about the absence of any claims on both sides;
signatures of the parties.

Contract of sale of an apartment

A real estate purchase and sale agreement can be executed either by a notary or in a simple form (written by hand by the parties). This document must contain the following:

the conditions under which this transaction is concluded by the parties;
the contract price is the cost of the property that is being sold;
the moment when the transaction will be invalid;
terms, method and procedure for payment by the buyer of the cost of the apartment;
other.

Advance or deposit agreement

If the parties have come to a general agreement to make a deposit or advance payment during the procedure for re-registration of property rights, a deposit agreement will also be attached to the real estate purchase and sale agreement.

Drawing up a deposit agreement is mandatory for the seller, since upon receipt of the money he undertakes not to sell the apartment to anyone else.

The contract must contain the following information:

Full names of the parties;
place of residence of the parties;
apartment price;
deposit/advance amount;
description of when, where, by whom and to whom the deposit/advance was transferred;
deadlines for fulfilling the terms of the contract.

What is the difference between an advance and a deposit?

The advance payment is not returned to the buyer in double amount, but the deposit has this feature. Essentially, this is insurance in case the seller breaks the trace. If the buyer decides to terminate the contract, the deposit will not be returned, and the seller must return the advance in full.

Contract of sale of an apartment

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

A real estate purchase and sale agreement can be executed either by a notary or in a simple form (written by hand by the parties). This document must contain the following:

the conditions under which this transaction is concluded by the parties;
the contract price is the cost of the property that is being sold;
the moment when the transaction will be invalid;
terms, method and procedure for payment by the buyer of the cost of the apartment;
other.

Selling an apartment with minors

If one of the co-owners of the property is a minor child, then the following points should be taken into account:

If the child is under 14 years old, then the parents sign for him.
If a minor has reached 14 years of age, he has the right to independently sign all documents. An important point is that one of the parents must write “I agree” and sign under each child’s signature.
It will also be necessary to provide a certificate from the guardianship authorities.

Permission from guardianship authorities to sell an apartment

If one of the owners is a minor child, then a simple agreement between him or his parents to sell the property will not be enough. It will be necessary to obtain a certificate from the guardianship authorities stating that the child’s rights are not violated or infringed. This is a standard procedure and is not very complicated.

If the seller is married

If the citizen who plans to carry out the alienation procedure is married, then it will be mandatory for him to obtain consent from his spouse.

Alienation of a share in the right of common ownership

It is worth noting here that the party (participant in the common share) has the right to a specific share in this property . As for other participants, if they wish, they have the right to purchase this share.

Please note that this provision does not apply to public contract sales. The owner who sells a share of the property must notify the other participants in writing. The contract must indicate the price and conditions under which you intend to sell the share.

If the remaining participants in the common property did not intend to buy the share put up for sale or refuse to purchase it, then the seller can sell it on any terms favorable to him . When contacting a notary to conclude a transaction for the sale of a share in a common shared property, you must be prepared for the fact that you will have to provide evidence that each participant in the property has been notified of the decision.

In most cases, owners of common shares voluntarily present to the notary a waiver of the right of pre-emptive acquisition of this share.

Difficulties in selling a share

In some cases, situations may arise where it is not possible to obtain such evidence. However, in most such cases, the owner of the alienated share simply does not come to the notary and signs a waiver of the share that he is selling. Or he appears before the notary, but refuses to sign the alienation agreement, despite the fact that he gives such consent orally. In such a case, it is recommended to transfer the application. Having written an application, the seller must notify the owner of the common share of his decision. Such a statement is essentially arbitrary. In addition, the application must provide the following information:

Object for sale.
The address where the property is located.
The price at which you list the property for sale.

It is also worth noting that the seller has the right to change the terms of sale of real estate . You must inform each shareholder who may be eligible to purchase a share about such changes. If the property is sold at an inflated price, unlike the one that was initially set, but under the same conditions, then you will not have to again provide evidence that all participants have been informed. But if the cost has decreased, then you need to provide such evidence again.

Sources

https://PravoZhil.com/oformlenie/chto-takoe-otchuzhdenie-nedvizhimogo-imushhestva.html
https://domosite.ru/zakon/otchuzhdenie-imushhestva-chto-takoe-otchuzhdenie-dvizhimoy-i-nedvizhimoy-sobstvennosti
https://ZHKH-RF.ru/otchuzhdenie-kvartiry-chto-eto-takoe/
https://advokat-belyakova.ru/spory-po-nedvizhimosti/kak-sdelat-otchuzhdenie-kvartiry/
https://estatelegal.ru/nedvizhimost/otchuzhdenie-kvartiry-chto-eto-takoe/
https://pravoved-obzor.ru/spravki/chto-znachit-otchuzhdaemaja-kvartira