Can the sale of real estate without intermediaries?To answer this question, we need to understand the reasons why property owners turning to him.By resorting to the services of agencies, many people mistakenly believe that it takes full responsibility for the apartment bought with it.This reason recourse to mediation services does not make sense.In accordance with the law of the sales contract the buyer and seller enter into, and the Bureau of real estate - a mediator.It does not assume any responsibility and liability.It certainly is stipulated in the service agreement between the client and the agency.At best, it can represent the interests of the seller in the proceedings.
Many people use the services of intermediaries, to avoid unforeseen situations or scams.Knowing how to sell an apartment on their own, namely, all the threats and tricks at every stage of the transaction, you can best protect themselves and do without the help of the agency.
Realtor is doing the hard work, so high professional fees.But a large percentage of people willing to make an effort to save money, still uses the services of intermediaries.One reason - they do not know how to sell the apartment without a realtor.Check all steps in the process of buying an apartment, you can safely do without the mediation.
First steps: how to evaluate, to sell the apartment and arrange viewing
How to sell an apartment on their own, and where to start?Before the transaction is necessary to go through the first three steps for the sale of any real estate:
- First of all, you need to properly set the price of the apartment.You must explore similar offers on the property.With the help of advertising newspapers, the Internet to find the ads for the sale of apartments in the same area of the city with approximately similar parameters: state, area, location and other.You can ring up a few similar options and clarify more all the details and find out how long apartment for sale.Shaping the price, it should be noted that the buyer can haggle.Usually auction up to 5% of the desired price.
- established the approximate price of the apartment, it should attract the attention of an increasing number of potential buyers.It is necessary to place an ad in a popular advertising publications, complimentary newspapers, put it on the web pages and to paste on special boards with the information.Advertising should briefly contain all the information about the apartment and the phone to contact.To potential buyers do not call around the clock, you can specify a certain time to make calls.Announcement to be updated as often as possible.
- all sellers, and especially women, who are interested in how to sell the apartment itself, useful advice at this stage.To visit customers need to be treated with caution:
- appoint meeting during the day, the best day off;
- be desirable at the meeting together with someone familiar;
- remove valuables and money from prominent places;
- never show the original documents to the transaction, only photocopies.
Getting deposit
No need to rush to remove ads, suddenly a man changes his mind, and the seller will lose a potential customer.Agree on a price, it is necessary to offer the buyer a prepayment.Those who are engaged in their own deal and learns how to sell the apartment without a realtor, you need to know - legally this time can be arranged in different ways: write upfront agreement (receipt for advance payment) or to make a preliminary agreement on the advance.For convenience and security in the purchase and sale agreement is necessary to make a complete description of the sold object and conditions of the advance.Then in case of failure of the transaction the buyer will be required to reimburse even penalties.
How is the contract of sale?
A major step in this process - it is right to make a contract of sale, which should be ready in 2-3 days before the scheduled time of the transaction.Choose the form of the document: notarization or simple written (PPF).Both types of design have equal legal force.However, those who learn how to sell their own apartment in the mortgage, you should know that in this case the form of the contract under the law should only be executed by a notary.Drawing up a contract
PPF - more economical and cost about $ 50-70.If notarial form the notary document also takes an additional percentage of the sale.Of course, the cost of this type of design will cost considerably more expensive, so without the need for it is not necessary to choose the form of the notary contract and spend the extra cash.
PPF-contract can create yourself or seek the assistance of a lawyer.In any case, you need to carefully examine the contract of sale of real estate and carefully check each his point:
- anyone who sells (name and passport data);
- address and full compliance with the basic parameters prescribed in the contract inquiries BTI - f number 11A and F number 22A;
- conditions of sale, the price of the apartment and forms of settlements;
- correctly described in the contract documents of title;
- time of the release of apartments and extracts from her prescribed persons, usually for 14 days.
Registration of a contract of sale
most convenient and secure way to mutual settlement - a deposit box.It is advisable to open it in a safe bank, located in neutral territory.Deposit box is a guarantee that the seller will receive the money immediately after registration of all necessary documents.
After the money is placed in a cell bank, you need to pass registration in the Federal Service for State Registration (FSGRKK) has a contract of sale of real estate with the signatures and such documents:
- title document to sell the apartment (purchase agreementand sale, certificate of inheritance, as well as any other, confirming the rights of the owner);
- cadastral passport apartments obtained from the experts BTI;
- copy of the financial account (AKC) in the original or an extract from the house register;
- original reference number 22A F (optional) and 11A F number (if necessary), received the BTI;
- photocopies of passports of all the parties to the transaction;
- women studying how to sell the apartment itself, you should know that requires the consent of her husband, in the apartment, and for men - the consent of his wife;
- if there are children, in some cases, need permission of the guardianship;
- when communal apartment, need a refusal of neighbors (if they are the owners of the other rooms) or city (if the rest of the room is not privatized);
- other documents at the discretion of the officer in charge of registration (birth, death, and more).
If the registrar to accept the document, it means everything is up to snuff.The officer will give a receipt to accept the documents and arrange a time when you need to take.As a rule, documents FSGRKK recorded an average of two weeks, then the buyer and the seller issued a registered document of sale.Both sides need to carefully check the resulting contract for typos and errors.If all is well, the seller, the buyer need to get the key to the safety deposit box.
Why a transfer certificate?
Liberation apartment is in accordance with arrangements prescribed in the contract of sale.The act of transfer - it is an important document drawn up at the time of the transaction in any form.It details the state of the apartment.Sometimes the sales contract replaces it, but it's better to create a separate paper.You can, of course, to achieve and oral agreements, but it is reasonable to protect themselves.The important point for sellers who are learning how to sell the apartment without a realtor: not yet signed the deed of transfer for the physical condition of the property corresponds to the seller (flood, fire, theft), and pays the utilities.
In some cases, the tax is paid?
All vendors interested in the question of whether to pay the tax for the sold apartment.In the legislation there are important points:
- if a person is in possession of an apartment had 3 years or more, when it is sold the owner is exempt from tax under paragraph 17.1 of Article 217 of the Tax Code, but must still apply a zero tax return;
- when the seller owned housing for less than 3 years, it is in accordance with paragraph 1 of Article 220 of the Tax Code, is obliged to pay 13% tax on the amount of calculation scheme that the owner chooses at its discretion.
two formulas for calculating the tax:
- Formula 1 : profits from the sale of apartments to deduct the cost of its acquisition;
- Formula 2 : on the amount of the sale of the apartment take 1 million rubles.
those who are dealing with the issue "independently sell an apartment," and does not know all the details of the legislation in handy some useful information:
- If the apartment was purchased at the price of the current sales or higher, it is better to use the first calculation formula, since the sum oftax will be negative, and therefore do not need to pay anything.For example, the owner bought two years ago, an apartment for 2 million rubles., And is now sold for 1.8 million rubles., Then by 1.8 million rubles.- 2 million rubles.= -0.2 Million rubles.- Tax losses not paid.
- When the apartment has got almost nothing (by inheritance, donation), it is reasonable to take a second to the calculation formula.
- According to paragraph 1 of Article 229 of the Tax Code to file a tax return at the registered seller is necessary in any case before 30 April of the year following the year after the sale.Calculated non-zero tax must be paid before July 15.
Sale apartment proxy
If there is insufficient time-consuming process for the sale of housing often draw up a power of attorney.For example, it would be a reasonable solution in the case where multiple owners own one property.Apartments for sale in such a case is carried out as follows: all the owners make out on a less busy man all matters related to the transaction.Whatever the reason for drawing up a power of attorney has a very important point: to avoid trouble and homelessness, it is necessary to clearly define the powers of the trustee.
very seriously and vigilantly to approach the general power of attorney.It enables the trustee to perform all kinds of transactions with the assets and dispose of them at its discretion, for example, to sell it and get yourself money.General power of attorney issued by a notary public only after a thorough check of the principal on the subject of how much he is aware of the purpose of the signing of such an important document type.
There are cases when the buyer wants to secure and requires entering into a contract of sale points to confirm the deal landlord.Then sell the apartment by proxy is possible only after the statement of the principal, written by a notary, on the validity of the sales transaction.
Where the need for the services of a trustee is no longer current, the power of attorney can be revoked even before the expiry date of its validity.Data on the revocation written to the database of information the Chamber of Notaries.
Sale apartment where the child lives
Almost every family has children.Therefore, parents of sellers is very pressing question: "And in this case, how to sell an apartment?"With the child to be reckoned with, and not in any way infringe upon its interests, or sale of housing will be problematic.Are watching the guardianship.Procedure of the sale is of two kinds: the child is registered in the apartment or owns a share of property.
Under the provisions of Art.26, 28 of the Civil Code minors and minor children only with the consent of the legal representatives have an opportunity to make a strictly specified range of transactions, including those where property is involved.Sell a house in which a minor is registered, but not the owner, we can without the permission of the guardianship.Exceptions are children deprived of parental care or under guardianship.In this situation, a special permit is required to custodial services.In any case, before the sale of the apartment you need to find a new place of residence for the child, because children at discharge one residence just need to register on another.This new housing should be the same or larger area and with similar living conditions.If the rights of the minor were not violated anything, there are no problems with the sale of apartments will not be.
If the child - the owner of the apartment, then the appropriate consent of guardianship and custody is necessary.This should take care in advance, before the sale of property.We must appeal to the Guardian's organization at the place of registration of the minor child and find out whether it is possible sale of the apartment, depending on the particular case.If the transaction provided by the law, then you need to find out what time the resolution will be ready for sale, and start collecting the necessary certificates.Then, when you make a document of sale, the seller without a child (if under 14 years) or with him (when he was over 14 years) comes to the bodies of trusteeship and guardianship to fill out and sign the application.The second guardian (spouse, even if the couple divorced) should also be present to give consent.Then, on the appointed day, you can get a ready-made solution.
Exceptional cases:
- If you plan to relocate due to move to another location, the transaction is authorized custodial organization, and the amount received for the apartment is transferred to the bank account of a minor.Parents are given 3 months from the date of sale for the purchase of new housing and execution of a similar share in the ownership of the child.Otherwise, the guardianship reserve the right to cancel the contract of sale.
- When you move to permanent residence outside the country must submit to the Guardian's list of the organization of certain documents from OVIR.
- If you build a new home, to obtain the consent of the guardianship it must be in the final stages of construction.Minor temporarily need a place to register (friends, relatives).When applying for permission to guardianship organizations brought a contract with the development company, which reflects the share of the child.
option of selling privatized apartments
easiest option privatized housing sales - to sell it entirely to one buyer, and the profit divided according to the proportion of each.It is also possible that one of the owners buys all the remaining shares from other owners.It's simple, and the scheme of the standard transaction.But often happens is that one of the owners refuse from the sale.How to sell privatized apartment in this case?It all depends on how the property is divided.
If the apartment is divided into parts by the meter, you must first write a notarized notice of sale, specifying the desired size and cost of its selling area, and send it by registered mail the rest of the owners.In accordance with Art.250 of the Civil Code they have the advantage over other buyers.If within 30 days the other owners have not responded consent or refusal to purchase, then under Art.250 of the Civil Code of the Russian Federation can exercise its right to sell its stake in the joint apartment to any other person.
When the apartment is divided into percentages, then sell it without the desire to rest is not possible, but you can get for your share of the money voluntarily or involuntarily, by contacting the court.
If the privatized housing has a share of a minor child, then you can sell the apartment, having received permission guardianship bodies.
selling donated apartment
man who has a certificate of donation, may dispose of the property at its discretion.If the owner wants to sell donated apartment in which he was the sole owner, the sale takes place on the general standard procedure.After receiving the money for the property, the seller must pay the tax.
