Many people with social housing, often the question arises whether it is possible to sell the non-privatized apartment, to improve their living conditions.The law clearly states that individuals have no right to make transactions with the real estate that has not been privatized.If at the time the person does not exercise the right for privatization of social housing, but now he could buy it right.This operation is usually carried out if the privatized housing in the exchange of non-privatized, regardless of its location.
How is it done?
It seems quite certain way.Anyone who has a non-privatized apartment or a share in a communal can find a suitable buyer, who need living space or in another city, or he is willing to exchange it at the desired housing.When this procedure is carried out, the seller may be registered in the apartment, where he wants to live.At the moment, some firms specialize in such transactions.They have a home in another city, through the apartment in which you and exchange operations.
Naturally, this type of transactions have "pitfalls" and about them often ignite debate about the legality or illegality.However, as a result, profits seller is obvious as he sells a house that does not belong.The only drawback is that the fact that the transfer of money is not going anywhere Set.And it draws special attention from fraudsters who want to take advantage of this situation.
Safety Rules As with any other real estate transaction, in this case need to be extremely cautious.And not to fall into the hands of speculators, is required to carefully read all documents that you sign and remember that the exchange contract can be declared null and void within a year after it concluded.If you realize that you are a victim of fraud, you need to contact the police as soon as possible.If a company which is engaged in such transactions, in good faith, it will not allow such a situation, since the seller will hand over the money for an apartment after it is registered in the living area, which provides for him from the beginning of the transaction.
second option out of the situation
If the answer to the question "is it possible to sell the privatized apartments", it is worth noting that there is another option of how to proceed should the need arise.To get started you want to find a potential buyer for your property.
can find out whether there is an opportunity for the privatization of your home.Keep in mind that privatization can not be objects such as apartments in military camps, homes for special purposes, in homes with the current overhaul, social housing, as well as dorm rooms.If your home does not belong to any of these types, you can collect a package of documents for privatization.It:
- certificate of family composition and living space;
- certificate of accrued residential quota;
- passport;
- checks "Housing";
- birth certificates of children who are under 18;
- documents showing the existence of certain benefits.
If even talk about whether it is possible to sell the privatized apartments, it is worth noting that with the above documents you need to come to the district administration with the whole family.Here you will need to fill out an application, which must be signed by all members of the family.It will be seen within one month.In the presence of the notary drawing up the contract takes place on privatization.Once it is recognized by the state, the apartment will get the status of privatized.
What about the buyer?
In the described situation it is necessary to say that the buyer should be aware that the apartment is not privatized.Often, if a potential buyer is interested in purchasing this particular property, he is ready to make a deposit, which you will need for the registration of all necessary documents.The deposit contract is best to notarize.Of course, in this case the price of the apartment will be slightly lower than that would be the case when it comes already privatized.From the buyer you receive a deposit, then you will have decorated the right to sell the apartment, and then you can sell it.
third option
If we continue to understand the question of whether it is possible to sell the privatized apartments, it should be said about another option.You can execute the contract of social hiring in the property, which is available in your possession to the buyer.To do this, you must first agree to it, you can then register it in his apartment in accordance with the social contract of employment.Once you get the amount agreed between you, you can be discharged from the apartment.Then the buyer an opportunity to execute the contract of social hiring in house to his name, and then privatize it in the property.
What rights do you get after privatization?After privatization
you, as the owner, have the right to sell the apartment.What documents are needed for this, you tell the notary, with whom you will work in the contract and transaction.As a rule, to the base paper include technical passport to the property;the document with the mark BTI;A certificate from the housing department (form №3) the composition of the prescribed persons in the apartment;certificate of registration of property rights (extract from the Register) property;a document confirming the absence of debts for public utility services, your passport and ID.Not only can you sell a house, but to trade him.
If you want to sell an apartment in the shortest time, you should contact the agency.Specialists not only will assist you in finding a buyer, but also help to significantly save time.If the collection of certificates for privatization, too, you do not have time, you can help to make an exchange to the buffer housing, they also prompt whether you want to do some paperwork.Sell an apartment can be had after you become the owner.You exchange your housing in the buffer, ie apartments owned by the company.From you and the buyer in the state organization is required to apply for an exchange, and then wait for permission.When you get it, the buyer will dispose of your apartment.You should not be afraid of such transactions, as this is not only safe, but also quite profitable.
If you are concerned about the issue of how to share the privatized apartments, it is worth noting that the new law forbids it to do.Under this concept meant the separation of accounts in it.Now you can only exchange the privatized apartments in the other two having the same status.
Features contracts
Quite often citizens who gathered to buy a house, afraid of his double sales and fraud by the seller.It is for these people in the Russian practice was introduced by a preliminary contract of sale of the apartment.It gives both sides of the deal is quite certain rights.This kind of commitment that in the future the parties will make a deal and avoids increasing the value of the property and the preservation of its original form without any deterioration of the transferred property in the future.But sometimes a preliminary contract of sale of the apartment contains provisions that create a certain nuances of the transaction.Therefore, when drawing up and signing need to be extremely careful.
Content preliminary sales contract
This document contains a complete list of the necessary conditions to produce in the future, the main contract.The document should contain the terms on which the parties must be made the purchase and sale of the apartment, the size of the monetary amount paid by the buyer as a deposit or advance.Also in the preliminary contract may specify the state of the object, furniture, which is transmitted along with the apartment.In this case, the dealer assumes certain obligations, which he was not entitled to refuse in the future, when it enters into a contract of sale flats.The documents in this case are intended to attract one of the parties to account, if it is to shy away from the transaction.Losses caused as a result, may be charged in court.
pitfalls when selling
So now that you know whether you can sell the privatized apartments.It should be said about the pitfalls often faced in such situations.The risk is, at the option of selling any non-privatized apartments.The main factor here - it's a fraud on the part of the agency or buyer.For example, you may be faced with the fact that after your discharge from the apartment you do not have the payment of money.Either the agency simply does not want to buy an apartment back buffer.You should first carefully check the reputation of the company and the person with whom you wish to work.
Interests buyer will also suffer if the "buffer" scheme, as if his right to privatize already been used, he will not become the owner of a new apartment and a tenant will remain in it.
the law lurks another danger.Some of the interested parties may apply to the court for invalidity of the transaction.Formally, the fact is every reason to be: in theory such a sale could be seen as imaginary or feigned transaction.And it is quite difficult to predict the outcome of litigation.
Instead of conclusion
And if you are thinking about how to sell an apartment with minors, here you will find more issues and questions, as you have to prove that these persons will be somewhere to live in the future.That is why the most correct option would be the privatization of housing, even if you have already agreed to by the buyer and received from him a deposit.When making its every step required to thoroughly document all of that will help you avoid many problems.
