2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Most citizens living in municipal housing are faced with the question of whether it is possible to sell a non-privatized apartment. They are interested in this in order to improve living conditions. The legislation on this matter says quite specifically that individuals do not have the right to make purchase and sale transactions with apartments that have not been privatized. If earlier a citizen did not exercise his right to such an action, now he has such an opportunity again. This option is used if the apartment is not privatized, and it needs to be exchanged for a privatized one, regardless of the location of both.
Features of the procedure
It's done like this. Any person whointerested in selling or exchanging a non-privatized apartment, can find a buyer who needs housing in another city or is ready to exchange it for another housing. After this procedure, he has the opportunity to register where he wants to live. Some agencies are now working in this direction. They have a house in a certain place, through the apartments in which such manipulation is carried out.
Of course, such transactions are not entirely "transparent", and often they are even called illegal. But as a result of this, the seller receives an obvious benefit, since he sells housing, which in fact does not belong to him. The main drawback concerns the fact that the fact of the transfer of funds is not indicated anywhere, and this is where the opportunities for fraud open up.
How to stay safe?
In this case, as in any real estate transaction, extreme caution is required. Traps can only be avoided if you carefully read all the documents that you are going to sign. It is important to remember that the exchange agreement can be invalidated within a year from the date of conclusion. If you realize that you have been deceived, you must immediately contact the police.
Second option
Speaking about whether it is possible to sell a non-privatized apartment, it is worth noting that if such a need arises, there is another way to solve the problem. First, you must find a buyer for your property. Can you find out if there is one for you?the opportunity to privatize housing. This cannot be done with such objects as apartments in houses for special purposes and military camps, in houses with major repairs, dorm rooms and housing of social significance. If your apartment is not from the listed categories, then you can collect a package of documents required for privatization: a certificate of family composition and living quarters; certificate of accrued residential quota; passports, birth certificates for children under 18; benefit certificates.
Understanding the question of how to sell a non-privatized apartment, please note that with the specified list of documents you must contact the district administration with the whole family. There you will fill out an application, and all family members will leave signatures under it. This condition is mandatory. The application is considered within a month. The privatization agreement is drawn up in the presence of a notary. After its recognition by the state, the sale of a non-privatized apartment will be available to you.
What about the buyer?
In this situation, it is very good if the buyer is aware of everything. In the event that he is interested in purchasing your apartment, he will be ready to make a deposit and wait until you complete all the documentation. Notarization is also required by the deposit agreement. Naturally, in this case, the final cost of housing will be less than in the case of pre-privatized housing, but the parties to the transaction will benefit.
Third option
Dealing with the question of whether it is possible to sellnon-privatized apartment, it is worth talking about another way. You can draw up a contract of social hiring of existing real estate for the buyer. To do this, you will first need to agree with him, and then register him in your housing in accordance with the rules of social hiring. When the agreed amount is received by you, you can check out of the apartment. And the buyer after that can draw up a social contract for himself, after which he has the right to privatize the apartment.
What does privatization give?
So, now you know how to sell a non-privatized apartment, so you can deal with other issues. As the owner of privatized housing, you can do anything with it: exchange, sell, transfer. For the sale of an apartment, a certain list of documents is required, which a notary public dealing with your transaction will help you collect.
If you want to sell your housing in the shortest possible time, you can use the services of specialized agencies. Specialists can not only help in finding a buyer, but also save your time. If you are interested in how to exchange a non-privatized apartment, then the situation is slightly different. To do this, you will need two other apartments, the status of which is the same. This is one of the ways to divide the living space. Previously, for this, personal accounts were separated, and now such a procedure is prohibited by law.
Features of contracts
Often, citizens who decide to buy an apartment are afraid of its double sale or other fraudulent actions on the part of the seller. For such people, in the practice of conducting real estate transactions, a preliminary contract for the sale of real estate was introduced. With its help, both parties receive certain, quite specific rights. This is, in a sense, an obligation that in the future the parties will make a deal. The preliminary contract will also provide protection against an increase in the value of the apartment and its preservation in its original form without deteriorating the condition of the transferred property in the future. However, in some cases, a preliminary contract for the sale of real estate may include conditions that create certain points in the transaction. That is why extreme care is required when compiling it.
What's in the pre-contract?
This document includes a complete list of the necessary conditions for drawing up the main contract in the future. It must specify the time frame within which a sale and purchase transaction must be carried out between the parties, the amount of money that is paid as an advance by the buyer.
When selling housing, along with some property, its current condition must be prescribed so that the seller in the future is liable for damage or improper condition of the objects. He will not be able to refuse these obligations in the future, when the main contract is concluded. If one of the parties refuses to complete the transaction,all these documents will allow her to be called to account. Damages that will be caused in this case will be collected in court.
What can you expect?
So, now you know whether it is possible to sell a non-privatized apartment. Now it’s worth dealing with some of the “pitfalls” that you may encounter. Any of the described options carries a certain risk. The main factor is fraud on the part of the buyer or agency. For example, you may be faced with the fact that you check out of the apartment, and you are not paid the money that was promised to you, or the company refuses to buy back the buffer apartment. To begin with, you need to carefully check the person or organization with which you intend to work. The buyer may also suffer when using the "buffer" scheme, because if he has previously used his right to privatize, now he will remain just a tenant.
A certain danger awaits from law enforcement agencies. It is quite possible that one of the interested parties will file an application with the court about the invalidity of the transaction that is being made. On that there are all bases from the formal point of view. Such a sale could theoretically be regarded as a sham or imaginary transaction, and this is a violation of the laws. It is problematic to predict the result of the litigation in this case.
Conclusions
Whichever option you choose in the end, you must remember that you can expect a lot of problems. That is why it is worth privatizing housing, andthen carry out any operations with him. And every step taken must be reflected in the documents so that there will be no problems with the law in the future.
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