Memo for the sale of an apartment. Is it possible to sell an unreasonable apartment, a share in an apartment, with a registered person, a minor child, legally incompetent, with uncontrolled redevelopment, debts by payments, by proxy, mortgage, state, bank, with maternity capital, burden?

Questions about real estate transactions are difficult. This memo for selling the apartment will tell you how to solve the problem.

People who do not often encounter real estate transactions are difficult to navigate among the mass of available information. The article gives answers to many complex apartment problems.

Is it possible to sell a non -suppressed apartment?

Such an apartment is the property of the state, therefore, tenants cannot sell it. But there are several schemes that allow you to solve this problem.

1. Record the buyer in the apartment

• The easiest way to sell: get money from the buyer, prescribe it in the apartment, and write yourself out. After that, the buyer independently engaged in privatization.
• A person’s registration before privatization is possible after receiving the consent of the owner - municipality, state. organs. If state bodies refuse a residence permit, then it is almost impossible to challenge this decision.

2. Privatization of the apartment with the buyer

• The buyer is involved in privatization, pays for a deposit for privatization. The apartment is sold to the buyer according to the standard scheme after the seller receives the rights to sell it.
• It is recommended to conclude an agreement with the buyer, where all the moments of the transaction will be registered, up to the obligation to issue the purchase and sale of the object after its privatization.

3. Using the "buffer" apartment

• The apartment is “buffer” is a living space belonging to the agency, which is used in the exchange of real estate. Here you need full confidence in the real estate agency, otherwise it is better not to take risks.
• The buyer gives the money for which the buyer buys from the agency an apartment “buffer”. Then the privatized apartment, the “buffer” exchanges for non-suppressed living space. The seller is discharged from the apartment, the buyer is prescribed. In the end, the buyer returns the “buffer” to the agency and receives money.

But before starting the sale process, make sure that the apartment is subject to privatization. For example, social housing, apartments in specialdies, military towns cannot be transferred to ordinary citizens. If privatization is possible, then act.

Is it possible to sell a share in a privatized apartment or half of the apartment: one -room, multi -room?

• If real estate - common joint property - any transactions with property are possible only with the consent of all participants. Otherwise, it is impossible to give your share even to a relative. You can solve the issue by highlighting your share by applying to court, notaries.
• After allocating the share, the owner begins to own his part of the property. The right of shared ownership makes it possible to sell its share. The rest of the owners have a priority to redeem the selling share. They need to be notified in writing about this.
• Proof of the transfer of the notification may be a certificate certified notarized. Without evidence of the official transfer of the notification, the sale of a share can be canceled.
• A month later, if the tenants did not take advantage of their right to acquire a share of property, the owner can sell it.

Is it possible to sell an apartment with a registered person and without his consent?

You can sell the apartment. Article 304 of the Civil Code gives the owner the full right to dispose of the apartment without the consent of the registered ones. But the legislation protects the right of registered persons to live at the place of registration.

Although the sale of an apartment is the basis for stopping its use by all registered residents, it will be difficult to write them out without voluntary consent. First of all, those who cannot be evicted: disabled citizens who have refused privatization who have the right to live for life, minor children. The remaining citizens can be written through the court.

Is it possible to sell an apartment or a share of the apartment if a minor child is registered there?

The law is not prohibited from selling an apartment with a juvenile assigned. Those. The process of sale and paperwork can be started before discharge of the child. But it is necessary to obtain permission to sell guardianship authorities.

To do this, it is necessary to provide documents that all the child’s housing rights are observed and he is not infringed.

At the time of the transaction, the child must already be discharged.

When, after how much can you sell the apartment received as a inheritance, after giving, privatization, purchases?

Inherited apartment, donated or privatized, can be sold after registration of property rights. The gift is issued for several months, the inheritance - six months. The privatization process lasts an average of 3-4 months (although according to the law-2 months), and if there are trials, then at 9 months you can not meet.

But, if less than 3 years have passed after receiving real estate, personal income tax is paid upon sale, 13%. If more than 3 years, do not pay.

Can a guardian sell the apartment incompetent?

The guardian can sell the property of the legally incompetent, but two conditions must be met:

1. permission of the guardianship authorities
2. sale is carried out exclusively in the interests of the guardian: change of place of residence, payment of expensive treatment of the guardian

It is possible to sell real estate only to unauthorized persons. The guardian can not sell real estate to himself or his relatives.

Is it possible to sell an apartment with unstable redevelopment?

It is impossible to sell such an apartment legislatively, since before sale it is necessary to call the BTI technique that will inspect housing and check it for compliance with the original plan. If there are any inconsistent changes, then the technician will celebrate them red on the apartment plan. It is impossible to register a deal with such marks on the plan.

Unsilitary redevelopment threatens new owners with large material costs: when the fact of redevelopment “pops up”, the owner will have to either legitimize the changes or return to the premises the original appearance.

To coordinate the redevelopment, it will take up to 2 months if the supporting structures were not affected and up to 6 months, if there were global changes and capital structures were touched.

Is it possible to sell an apartment with debts on utility bills or other encumbrance?

The presence of debt does not affect the possibility of disposing of property.

• The debt is listed behind the seller until it is completely repayment, if the buyer does not agree to transfer the debt into his name. If the debt was not transferred, utilities should not demand his repayment from the new owner, but can be sent to the address of the letter with the requirements of repayment of the debt.
• An apartment with an encumbrance is impossible to sell if it is under arrest.
• If the apartment is collateral, and the owner has debts at the bank, then real estate can be sold exclusively with the consent of the bank.
• When repaying a mortgage through maternity capital, except for the consent of the bank, the consent of the guardianship authorities is still necessary. Otherwise, the child after his adulthood may sue the apartment back.

Is it possible to sell an apartment if you get a subsidy?

The purpose of the subsidy does not affect the procedure for selling housing. It is not necessary to return the money, since this type of targeted assistance is returned only in cases of incorrect reflection in the declaration of residential income. The only thing that needs to be done is to inform the social authorities. protection on the fact of the sale of housing within a month.

Is it possible to sell an apartment by proxy from the owner?

The sale of property by proxy is a completely legal and permissible transaction. The danger to the buyer may arise if the trustee begins to act not in the interests of the owner of the apartment - he sells for nothing, does not give the owner the entire agreed amount, other fraud.

Therefore, it is advisable to observe some rules to the buyer:

• To make sure that the owner was alive, capable and a power of attorney issued at his own free will.
• Make sure that the owner is ready to sell real estate by the agreed amount. It is desirable that the minimum value of real estate is spelled out in a power of attorney. Or try to enlist other evidence of the owner’s consent with the amount of the sale of the apartment.
• Indicate the full cost of the apartment in the contract. Do not underestimate the real value or draw up a gift agreement to avoid tax. If suddenly the owner will resist the sale, then the buyer will be returned to the amount under the contract.

Can they sell the apartment without the consent of the owner?

It is impossible to do this in a legal way. But "black realtors" are able to carry out such an operation.

• In this case, the originals of real estate documents fall into the hands of fraudsters who draw up a power of attorney, then-the contract of sale and sell the apartment using connections in various services.
• Documents can be removed under the plausible pretext of accelerating the transaction, transmitted by “kind” relatives, stolen.

Is it possible to sell an apartment with maternal capital?

There is no legislative ban on the sale of this housing.

• But when selling, the rights of the child must be observed. Children are also the owners of the apartment and their consent is taken into account when selling. If children are less than 18 years old, the consent of the guardianship authorities needs the sale.
• For resolution, evidence is necessary that children will be provided with housing, and the conditions of their residence will not deteriorate.

Can a husband sell an apartment to his wife, grandmother to a minor grandson, mother of her daughter, son?

• The husband can sell property to his wife, as he has the right to dispose of his property.
• If the apartment was purchased in marriage and property - jointly acquired, the consent of the wife is necessary for the purchase/sale transaction.
• It turns out that the contract is drawn up as if with itself. Such transactions between spouses are quite easy to challenge. If the property is acquired outside of marriage, there are no such problems.
• Transports/sales transactions between close relatives are allowed. Exception - if the buyer is a minor. You can transfer the apartment to him only through giving, gratuitous transmission. Therefore, neither grandmother, nor mother, no one can sell the apartment to minor descendants.

What is better to give or sell an apartment to a relative?

With close (first degree) kinship, participants do not pay taxes on the gift transactions.

• If the real estate is given to a close relative, the gift agreement is more profitable for the donor, because when selling he will have to pay 13% of personal income tax. But only if the donor owns property up to 3 years.
• If you are a relative of the second and further a degree, then a gift tax - the same 13%, you will have to pay. It is also necessary to evaluate the apartment, and it is necessary to take into account additional costs for the notary.
• The seller of property can incur expenses: taxes, services of an expert expert, notary, drawing up a contract, payment of the state fee, and the buyer pays only for registration of property rights.

Conclusion: the gift agreement is beneficial only between relatives of the first degree. For others:

• when selling, the seller has significant expenses
• when donating - gifted.

Is it possible to sell an apartment on a mortgage of Sberbank or another bank: pros and cons?

Sell \u200b\u200b- you can, although it is more difficult. In most cases, banks agree to the resale procedure, especially if the borrower has worsened the financial situation. But the reasons for the transaction should be good.

Pros:

• the seller is exempted from debt, since he will sell an apartment and debt
• the buyer can purchase housing cheaper than his average cost in the market

Minuses:

• it will be more difficult to find a buyer, since not everyone wants to contact a mortgage housing
• it is necessary to obtain a bank permission for sale. To do this, it is necessary to prove the solvency and reliability of the buyer
• the bank establishes the procedure for transferring money to the buyer
• the bank can change the terms of lending for the buyer of mortgage real estate, as it will conclude a new loan agreement with the new borrower. Conditions may differ and not be profitable.

Is it possible to sell an apartment on a military mortgage?

With military mortgage, pledged property, i.e. The apartment is owned by the state. Therefore, it can be disposed of solely after repaying the loan, as well as the removal of the burden, and nothing else. The main issue is the issue of receiving money to repay a loan.

Options for sources for repaying a loan:

• personal savings.
• a short -term banking loan, which is very rare, since the amount for ordinary consumer loan is high.
• obtaining a buyer's money to repay a loan. At the same time, an agreement is drawn up where the buyer agrees to prematurely enter the money to the apartment in order to withdraw encumbrance from the purchased apartment. The cost of the apartment is usually reduced, since the buyer risks greatly.

I sold the apartment, is it necessary to file a declaration? When does the tax on the sold apartment come and which one?

The tax is paid when income was received from the sale of real estate if real estate has been owned up to 3 years (from 2016-up to 5 years).

It should be remembered:

• The tax for residents is 13%, and for non -residents - 30% of income.
• When selling, it is necessary to file a 3-NDFL declaration at the time of April 30 in the following, after the process of the transaction year.
• You can reduce the tax by the amount of tax deduction in the amount of 1 million rubles or by the amount of confirmed costs that were incurred when acquiring this apartment.

If real estate:

• donated by a close relative;
• inherited;
• was privatized;
• renewed under an annuity agreement,

you can sell it and not pay personal income tax after 3 years from the beginning of ownership, and not 5, even if the event occurred after 2016.

Is it easy to sell an apartment with a studio?

Such housing has its own specifics, so there can be difficulties with sale.

The advantages of the studio:

• optimization of space, all the necessary things "at hand"
• relatively small cost of housing

Now studio apartments have begun to be in demand, since young people are increasingly wanting a separate housing, as early as possible. For them, leading a dynamic lifestyle that has little time spent and a little preparation of such fairly affordable housing, is the best option.

Often, such apartments are bought for elderly single people.

Is it possible to sell a room in a communal apartment?

• Only the room that is located in a privatized apartment. Otherwise, the room, like the apartment itself, belongs to the municipality, sales operations are prohibited.
• Residents of a communal apartment are the first to buy such a room. Therefore, in the process of obtaining the consent of all neighbors to sell the room, it is worth being meticulous so that later the deal is not canceled. Even if the neighbors do not give consent, it is enough to draw up a notary of the sale with the help of a notary. In a month, if the neighbors do not agree to buy a room at the indicated cost, then you can sell it to anyone.
• If there are several owners of the room, apply for a permission to sell common property.
• Write down all the tenants of the room.

Is it possible to sell an apartment to the state, bank?

If the apartment fails to sell, then it can be offered to buy, for example, to the state. The municipality holds competitions for the purchase of housing for orphans, information can be found on city sites and offer your apartment. But this is usually cheap and long.

Banks can buy an apartment only for their own needs. Usually they only sell collateral property, a loan for which the borrower can no longer pay.

Is it possible to return the sold apartment back?

You can return the apartment if:

• the buyer/seller significantly infringed on the rights of the other side of the transaction, did not fulfill the obligation, and the second party, as a result, suffered significant losses.

That is, if there were fraudulent fraud:

• the buyer did not pay a certain amount for property
• the seller deceived, saying that there were no more applicants for property
• the deal is concluded with a person who is incompetent
• the deal was fraudulent, which confirms the criminal case.

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