Is it possible to sell a non-privatized apartment? Preliminary contract for the sale of an apartment

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Many people who have municipal housing often have the question of whether it is possible to sell a non-privatized apartment in order to improve their living conditions. The legislation clearly states that individuals do not have the right to make purchase and sale transactions with real estate that has not been privatized. If at one time a person did not use the right to privatize social housing, now he can redeem this right. This operation is usually carried out if privatized housing is exchanged for non-privatized housing, regardless of its location.

How is it done?

It looks quite certain. Any person who has a non-privatized apartment or a share in a communal apartment can find a suitablea buyer who either needs a living space in another city, or he is ready to exchange it for the right housing. When this procedure is carried out, the seller can register in the apartment where he wants to live. At the moment, some firms specialize in such transactions. They have a house in another city, through the apartments in which exchange operations are carried out.

Naturally, this type of transactions have "pitfalls", and they often flare up disputes about the legality or illegality. However, as a result of this, the seller's benefit is obvious, since he is selling housing that does not belong to him. The only drawback is that the fact of the transfer of money will not be indicated anywhere. And this attracts special attention from scammers who want to take advantage of this situation.

Safety rules

As in any other real estate transaction, in this case you need to be extremely careful. And in order not to fall into the clutches of scammers, you need to carefully read all the documents that you sign, and also remember that the exchange agreement may be invalidated within a year after it was concluded. If you realize that you have become a victim of fraud, then you need to contact the police as soon as possible. If the company that deals with such transactions is conscientious, then it will not allow such a situation, since the seller will be given money for the apartment after he is registered on the living space, which was provided for him from the very beginning.start processing the transaction.

Second way out of the situation

If you answer the question "is it possible to sell a non-privatized apartment", then it is worth noting that there is another option on how to proceed if such a need arises. First you need to find a potential buyer for your property.

May find out if there is an opportunity to privatize your home. It should be remembered that objects such as apartments in military camps, in special-purpose houses, in houses with ongoing overhaul, social housing, and dormitory rooms are not subject to privatization. If your housing does not belong to any of these types, then you can collect a package of documents for privatization. This is:

- certificate of family composition and living quarters;

- certificate of accrued residential quota;

- passports;

- Housing checks;

- birth certificates for children under 18;

- documents indicating the availability of certain benefits.

If we even talk about whether it is possible to sell a non-privatized apartment, then it is worth noting that with the listed documents you will need to come to the district administration with the whole family. Here you will need to fill out an application that all family members must sign. It will be reviewed within one month. In the presence of a notary, a privatization agreement is drawn up. As soon as it is recognized by the state, the apartment will receive the status of privatized.

What about the buyer?

In the described situation, it must be said that the buyer must 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 to complete all the necessary documents. It is best to notarize the deposit agreement. Of course, in this case, the cost of the apartment will be slightly lower than what it would have been if it had already been privatized from the very beginning. You receive a deposit from the buyer, after which you will have 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 a non-privatized apartment, then it is worth mentioning one more option. You can draw up a social tenancy agreement for the property that you have at your disposal, for the buyer. To do this, you must first agree with him, after which you can register him in your apartment in accordance with the social contract of employment. After you receive the amount agreed between you, you can check out of the apartment. Further, the buyer has the opportunity to draw up a social tenancy agreement for housing in his own name, and then privatize it as a 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, the notary with whom you will work with will tell youconcluding a contract and making a deal. As a rule, the basic papers include: a technical passport for a property; a document with a BTI mark; a certificate from the housing office (form No. 3) on the composition of the registered people in the apartment; certificate of registration of ownership (extract from the Register) for real estate; a document confirming the absence of debt for the use of utilities, your passport and ID. You can not only sell housing, but also exchange it.

If you want to sell an apartment in the shortest possible time, then you should contact the agency. Specialists will not only assist you in finding a buyer, but will also help you significantly save time. If you also don’t have time to collect certificates for privatization, then they will help you make an exchange for buffer housing, they will also tell you if any documents are needed for this. It will be possible to sell the apartment after you become the owner. You exchange your housing for a buffer, that is, an apartment owned by the company. You and the buyer will be required to submit an application for an exchange to a government organization, and then wait for permission. When you receive it, the buyer will take control of your apartment. You should not be afraid of such transactions, as it is not only safe, but also quite profitable.

If you are concerned about how to share a non-privatized apartment, then it is worth noting that the new legislation prohibits this. This concept meant the division of personal accounts in it. Now you can only exchange a non-privatized apartment for two others with the same status.

Features of contracts

Quite often, citizens who are going to buy a home are afraid of its double sale and fraud by the seller. It is for such people that a preliminary contract for the sale of an apartment was introduced into Russian practice. It gives both parties to the transaction quite certain rights. This is a kind of obligation that the parties will make a deal in the future, and also allows you to eliminate the increase in the value of the property and maintain its original appearance without deterioration of the transferred property in the future. But sometimes a preliminary contract for the sale of an apartment contains conditions that create certain nuances of the transaction. Therefore, when compiling and concluding it, you need to be extremely careful.

Contents of the preliminary sales contract

This document contains a complete list of the necessary conditions for drawing up the main contract in the future. The specified document must necessarily contain the terms in which the sale and purchase of the apartment must be completed between the parties, the amount of money paid by the buyer as a deposit or advance payment. Also, the preliminary contract may indicate the condition of the object, furniture, which is transferred along with the apartment. In this case, the seller assumes certain obligations, from which he is not en titled to refuse in the future, when the contract for the sale of the apartment will be concluded. Documents in this case are calledhold one of the parties liable if it evades the transaction. Damages resulting from this may be subject to legal action.

Pitfalls when selling

So, now that you know if you can sell a non-privatized apartment. It is worth mentioning the pitfalls that are often encountered in such situations. There is a risk with any option for selling a non-privatized apartment. The main factor here is fraud on the part of the agency or the buyer. For example, you may be faced with the fact that after you are discharged from the apartment, you will not be paid the money due. Either the agency simply does not want to buy back the buffer apartment. You must first carefully check the reputation of the person and firm you wish to do business with.

The interests of the buyer will also suffer under the "buffer" scheme, since if his right to privatize has already been used, he will not become the owner of a new apartment, but simply remain a tenant in it.

Another danger lurks from the side of the law. Some of the interested parties may well file a petition with the court for the invalidity of the transaction. Formally, there will be every reason for this: theoretically, such a sale may well be considered as an imaginary or sham transaction. And it's pretty hard to predict the outcome of a lawsuit.

Instead of a conclusion

And if you are thinking about how to sell an apartment with minors, then even more problems and questions await you,as you must prove that these persons will have a place to live in the future. That is why the most correct option would be the privatization of housing, even if you have already agreed with the buyer and received a deposit from him. Every step you take needs to be carefully documented, which will help you avoid a lot of problems.