Purchase and sale of the house: take into account all the nuances





14.10.2010 07:42
Articles about real estate | Purchase and sale of the house: take into account all the nuances Purchase and sale of the house - by definition a difficult case. As we have mentioned, there are many possible scenarios, each of which require their action sequences. Today dwell on the details of the transaction procedure itself.

Is it possible to conduct a transaction in full without intermediaries?
Strictly speaking, you can do, not only without a mediator, but without a lawyer, and without a notary. But only if you are sure that all documents confirming the purchase and sale are lawful, properly prepared and completed. If there is any doubt, worth all the same to apply to the consultant. The more that the sale of the house necessarily entail the state registration of transfer of ownership. So, you will need to gather and submit documents for state registration at Companies House.

"Now the suburban real estate market is about 19 thousand objects for sale. Most of these facilities is sold through real estate agencies, and to highlight their need to spend a lot of money on advertising. You can, of course, advertise your property passively: for example, to hang a banner "for sale" on the facade, but the period of exposure of such objects could be a year or two years - to 6 months (on average) for real estate agencies.

Also, the seller must prepare myself the whole package of documents on the house, - says Vladimir Yakhontov, managing partner Miel - Residential Real Estate. " - Another of the risks - the issue with the payment. Working directly with the seller, the buyer is quite a risk. I recommend to conduct transactions by bank transfer, preferably at full cost. It is safer from all points of view. "

Of course, independently conduct a transaction is possible, says Evgeny Shvets, co-developers of the Union "Dmitrov-ka.ru:" I myself faced with a situation that is already sitting on a deal with the representative of the real estate company, the buyer asked the realtor: "And do not check Are you the correctness of the agreement? "to which the realtor said:" What is there to check it all right! "The client was, to put it mildly, a bit surprised by this answer, - says the expert. - Carrying out a deal, the owner is interested to get it right, and when they met in the office of the owner the buyer can not only read the necessary documentation, but also to make some changes if desired.

The buyer must know one thing: the owner is interested in the correctness of the transaction. The proposal now exceeds demand. Difficulties as there are none, most importantly, if a person is in something not sure, it's better to bring a deal lawyer. This will allow all the nuances. "

"Self formalize a deal is certainly possible - agrees Timur Saifutdinov, Managing Director of the Department of Residential Property at Blackwood. - Steps all the same. The package of documents is standard and is not dependent on the involvement of intermediaries in the transaction. May have problems with the registration of the sale in the House: collecting a set of necessary documents, contracts of sale and submission of documents for registration in the Chamber.

And also there is a risk to stumble upon fraud, from both the buyer and the seller, and lose their money or property rights. Are also possible risks from the legal history and current status of the rights to the object, which are carefully checked by professional advisers in order to avoid potential problems and not always available for analysis in a transaction without the participation of those. "

In any case, whether you are going to conduct a transaction of purchase and sale of the house independently or with the assistance of a mediator, you should know some basic things. First, depending on the scheme of the transaction amount and composition of the documents may vary. The main documents that are required for the transaction of buying and selling a home, as a rule, are:

- Certificate of state registration of title to land (in this land to stand on the new cadastre);

- Certificate of state registration of ownership of the house (residential / nonresidential construction);

- Pravopodtverzhdayuschie all documents referred to in the evidence in the "Document base" (sale agreement, decision, etc.);

- Certificate confirming the absence of the registered persons in the expropriated residential building (not necessarily for the Office of Federal registration service, inventory and mapping of the Moscow Region);

- Notarized consent of the spouse (wife), if the owner is married (if the owner is not married - a statement that the marriage is not a member).

How will vary the deal for buying and selling a home, depending on whether primary or secondary object, what is the format of the object is selected non-cash or cash?

With the purchase and sale of the house there are two possible forms of payment: cash and cashless. Increasingly used in cash through the banking cell with the terms of access. As a rule, the calculation (payment) on the sale and purchase transaction takes place at home after registering the sales contract - otherwise the buyer's risk greatly increases. In practice often calculated on the purchase and sale of the house by installments. In this case, the contract of purchase and sale of the house is prescribed payment schedule and the contract is registered. If sales transactions occur at home in installments bail, the object of which is purchased house. This scheme is also applied in non-cash transactions.

"Most of the sale of real estate different way of settlement. If prior to the transfer of ownership between the parties, the calculation of the contract is not fully produced or provided by installments, then, in accordance with paragraph 5 of Article. 488 Civil Code and the Federal Law "On Mortgage", overlaid on the real estate collateral (mortgage) in favor of the seller until such time as all payments made will not. The safest way of payment in cash scheme - the deposit box, in a cashless - credit "- says Timur Saifutdinov.

When the transaction by clearing all is simple: sign a contract, transferred the money and became the owner, says Eugene Shvets. "If cash payment is paid a deposit to reserve a plot, so to speak, the removal of part of the sale, given a short period of time for approval to the date of the transaction and to collect the required amount of the buyer.

After that, the day of the transaction the parties meet in a pre-agreed by the bank and sign a contract, after which the mortgage money in the deposit box, the conditions of the disclosure of which may be agreed by the parties in advance, - the expert continues.

- In case installment is a preliminary contract of sale, which are discussed all the details and schedule of payment by the buyer of land. Installments may be totally different, and they are negotiated individually with each client. Also should not forget about your mortgage: many villages cooperate with the big banks themselves will prepare all necessary documents. "

Format as the acquired property does not affect the conduct of the transaction, vary such transactions will only line in the contract, "said Vladimir Yakhontov. "Depending on the size of the property nature of the transaction generally do not differ, if only for completeness of the documents required for registration - adds Timur Saifutdinov.

- Secondary sale when the ownership of the object has already been issued, the transition law is possible under a contract of sale or donation. When the primary is available, there are many schemes, depending on whether ownership is decorated seller on a property or not.

If the title is not issued, it is possible to sign these treaties: the Treaty of investment in construction, contract, contract equity in the construction, pre-sales contract. "

The main thing to consider when buying a second property, warns Evgeny Shvets - check it all the ins and outs of the property, documents, and if the question relates to the house, cottage, townhouse, and any structure, not too lazy to hire technical supervision, which is a relatively small amount of money will house expertise and will give a comprehensive summary of the structure.

"By purchasing the object in the primary market, the buyer enters into a relationship with the company when the house is built and the customer enters into a contract as a co-investor. Most are safe for consumer contracts equity, but such a design contract due to the large number of papers and procedures. Proportion of such contracts in the market is no more than 5%, - says Vladimir Yakhontov. - Acquiring an object on the regular market, the customer actually registers ownership of himself. "
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