How to safely sell an apartment: instructions and recommendations

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

Selling an apartment is a rather complicated and lengthy process that can be done independently or with the help of an agency. The procedure assumes that the seller receives a fairly large amount of funds, so it is important to figure out how to safely sell an apartment so that the buyer cannot use various fraudulent schemes. This will allow you to receive the required amount of funds for housing without the risk of losing money and real estate.

Sale Rules

Every person who plans to sell housing thinks about how to sell an apartment correctly and safely. To do this, it is advisable to consider the following rules:

• you can complete the process yourself or with the help of an invited re altor;
• if you use the services of a real estate agency, you should prepare for the need to pay for its services, and the cost of assistance is considered high;
• if the procedure is performed by the direct owner of the object, then a lot of attention is paid to the correct composition of the ad, since it should be bright,eye-catching and effective;
• the basis of a safe transaction is a competent indication of the cost of housing in the contract, and it is impossible to deliberately reduce the price to reduce the tax, as the buyer can take advantage of this situation, so he will pay the amount indicated in the agreement;
• before selling an object, it is recommended to pay a lot of attention to its pre-sale preparation, for which cosmetic repairs are made, and various shortcomings in plumbing or other important parts of the premises are eliminated;
• the state of utilities plays a decisive role, so it is often necessary to restore and improve them;
• In order for the transaction to be legally clean and safe, a lot of attention is paid to its documentation, therefore, a sales contract is drawn up and signed, and the object is re-registered for the buyer in Rosreestr.

You can only sell privatized housing. If you figure out how to safely sell an apartment yourself, you can save a significant amount of money needed to pay for the services of re altors. At the same time, you can be sure that the buyer will not be able to use various fraudulent schemes to deceive.

Nuances of selling shares

Often the seller owns only a certain part of the apartment. In this case, the sale of your property is distinguished by the following features:

• other property owners havepre-emptive right to purchase the seller's share, therefore, it is initially required to offer this part to them;
• only with a written refusal of the other owners, you can sell a share to third parties, but at a price that does not exceed that offered to other owners;
• decisions of co-owners of real estate must be expected within 1 month;
• if there are refusals from all other owners, then the sale of the share is carried out in the usual manner.

It is advisable to draw up and transmit notifications at the notary, so that in the event of litigation, you have evidence of compliance with the correct procedure for the sale of the object.

The specifics of the sale of housing purchased at the expense of maternity capital

Maternity Capital is issued to citizens who have a second child in the family. They can be used to buy a home. Therefore, the question often arises of how to safely sell an apartment on the secondary market if it was bought with public funds. To do this, the nuances are taken into account:

• mandatory when using mother capital, it is required that the purchased housing be registered not only for parents, but also for children, so minors act as co-owners of real estate;
• to sell such an object, you need to obtain permission from the guardianship authorities, for which it is important to provide other housing for children to live, which will not be worse than the previous object;
• it is not allowed that after the conclusion of the transaction the living conditions of children were worsened;
• when buying a new object againit is required to provide each minor with a share in housing, and you can simply open an account for the children, where their part of the proceeds from the sale of the apartment will be transferred.

It will not be possible to ignore the requirements of the law, since it is impossible to register a transaction in Rosreestr without the consent of the guardianship authorities.

How do I do the process myself?

Many people prefer to sell real estate on their own. Therefore, they have a question about how to safely sell an apartment without intermediaries. The procedure has the following features:

• Initially, cosmetic repairs are carried out in real estate, allowing you to set the optimal price for the object;
• the price of the apartment is determined;
• an ad is compiled correctly, which is advisable to place in various print media and on specialized sites on the Internet;
• potential buyers will come to the apartment to inspect the premises;
• if the buyer likes the object, then a contract of sale is drawn up;
• an advance is given to the seller, for which cash can be provided or money orders are used, but in any case a receipt must be drawn up;
• if a preliminary agreement was drawn up, then the main agreement is concluded within one year;
• gathering all the necessary documents for the apartment;
• drawing up and signing the main contract of sale;
• transition of the right toreal estate to the buyer in Rosreestr, which requires the presence of both parties to the transaction;
• the remaining funds are transferred to the seller in any way specified in the agreement;
• the keys to the apartment, documents for real estate and other items are given to the buyer if necessary.

One more thing. If you figure out how to safely sell an apartment on your own, you will not have to spend money on paying for the services of intermediaries. But when using your strength, it can take a long time to find a buyer. Therefore, it is important to look through the ads “I will buy an apartment”, since it is often possible to quickly find a buyer in this way.

The nuances of using agency services

Many people do not want to deal with the sale of the object on their own. This is due to the fact that you have to spend a lot of time and effort on this process. Therefore, they think about how to safely sell an apartment through an agency. The process is considered simplified, since the main actions for the sale of real estate are carried out by a hired specialist. Features of the procedure:

• First of all, you need to find a suitable agency, which must be verified and have been working for a long time, as there is a high probability of encountering scammers;
• after choosing a company, the re altor is given access to the apartment, so he is given the keys to the property, as well as copies of documents;
• other actions necessary for the sale of the object are performed by a hired specialist, so the ownerhousing, you will not have to independently search for a buyer or complete a transaction, as it is enough just to be present at the signing of the contract.

The advantages of using a re altor include significant savings in time and effort.

What documents are required to sell an object?

If you study the instructions on how to sell an apartment well, then you can complete the process yourself. After finding the buyer, a contract of sale is drawn up with him. Buyers must first require certain documentation that allows them to verify the legitimacy of the transaction. Additionally, these papers will be required when registering a transaction with Rosreestr. What documents are needed to register the sale of an apartment? Documentation is being prepared for this process:

• extract from the USRN, which indicates who is the owner of the property;
• an extract from the house book containing information about all registered persons;
• copy of seller's passport;
• if the seller is officially married, then the wife or husband is required to obtain written permission to sell, since such property acquired during marriage is considered jointly acquired;
• if part of the housing belongs to children, then their birth certificates are additionally required, as well as permission to sell from the guardianship authorities;
• certificate confirming the absence of utility debts;
• technical papers for an apartment, which include a registration certificate and a technical plan, and with the help of these documents, potential buyers can make sure that there are noillegal redevelopment.

If you figure out what documents are needed to process the sale of an apartment, then you can prepare them in advance. This will allow you to close the deal quickly.

Can I sell in installments?

Often, buyers do not have enough funds to buy a home. In this case, the seller may make concessions and provide an opportunity to buy an apartment in installments. But you will have to prepare for the following features:

• the deal is executed promptly, which is a definite plus of using installments;
• sellers face the risk that the buyer will stop transferring funds for various reasons;
• it is advisable to draw up a contract in the presence of a notary, which will increase the guarantees for the seller.

The owner of the object must have a good understanding of how to safely sell the apartment. The transfer of money must be recorded in written receipts. If at a certain point in time the buyer stops contributing funds as payment for housing, then the transaction will have to be challenged through the court.

How to safely sell an apartment in installments?

The procedure for the sale of any property is considered complex and lengthy. Often, sellers have to deal with various scammers who want to appropriate the object for free. Therefore, it is important to know how to protect yourself from numerous illegal schemes when using installment plans. How to safely sell an apartment? For this, it takes into accountdetails:

• installment period should be set within three to six months;
• down payment must exceed half the value of the property;
• the seller decides whether interest will be charged or not.

If the buyer fails the deal for various reasons, then he will have to deal with him through the courts, which brings additional expenses and problems.

How to sell a mortgage apartment?

Often, to purchase real estate, citizens prefer to apply to a bank for a mortgage. But not always they can cope with the credit burden. Therefore, they have a question about how to safely sell an apartment on a mortgage. The process is carried out taking into account the requirements:

• the bank is necessarily notified of the decision, and if the reason for the sale is a high credit burden, the institution can meet halfway, therefore it often offers debt restructuring;
• sale of housing is allowed only if there is permission for this process from the bank;
• the borrower can carry out the procedure on his own, but often banks themselves prefer to sell objects at auctions;
• the required amount of funds is deposited to pay off the debt, and if any money remains after that, then they remain with the borrower;
• when communicating with potential buyers, they must be provided with information that the property is pledged to the bank;
• money is deposited by the buyer into the account inbank, after which the necessary part is used to repay the mortgage loan;
• only after that the transaction is registered in Rosreestr.

The bank can find a buyer who will purchase real estate through a mortgage. In this case, the loan is reissued to a new borrower. For the bank, such a solution is beneficial, but the new borrower must be solvent, officially employed and have a positive credit history.

How to protect yourself?

Many people think about how to sell an apartment for cash. The transaction must be safe and reliable, so some points must be taken into account to protect against fraud. These include the following:

• the sale price of the object is indicated in the contract, so it should not be underestimated;
• payment under the agreement should be made only to the owner of the property, and not to the intermediary;
• the transfer of funds is carried out according to the correct mechanism, which is indicated in the contract of sale, for which a receipt is drawn up between the parties;
• if the buyer enters his own clauses into the contract, it is important to make sure that they are legal;
• often you have to deal with suspicious buyers who may be thieves' tips, so it is advisable to require citizens to sign a housing inspection act and provide personal data;
• if one person wants to make a deal, then it is advisable to takea deposit that is not returned even if the citizen refuses to sign the contract;
• most often you have to deal with fraud at the time of transferring money, so it is advisable to use a cashless payment for this in order to protect yourself from receiving counterfeit money;
• it is advisable to provide a drafted sales contract for verification by experienced lawyers to make sure that it does not contain any illegal clauses, due to which the document is easily invalidated.

Only if you take into account the above points, you can study the ads "buy an apartment" or independently compose a text about the sale of housing.

The nuances of using a safe deposit box

There are even different methods of fraud associated with the use of a safe deposit box. Often, scammers delay the registration of the contract with Rosreestr. This causes the seller to miss the time period during which he has access to the cell. Therefore, the buyer draws up an apartment and takes the money from the cell.

How to safely sell an apartment yourself through a safe deposit box? To be on the safe side, it's a good idea to keep track of the terms of the lease. It is also undesirable to conclude a contract under which access to the cell can only be obtained with the participation of the buyer, since he may simply not come to meetings.

It is important to use not a safe deposit box in a bank, but a letter of credit, which uses a cashless payment, so if the transaction does not actually take place, the buyer will not be able to get back hisfunds.

The nuances of paying tax

If an apartment belongs to a citizen less than three years after it was received by inheritance or a donation agreement, and less than five years after the purchase, then you will have to pay tax on the funds received from the sale. It can be reduced by various methods:

• if there is an initial contract for the purchase of housing, then the tax is paid only on the difference between the sale and purchase price;
• to reduce the tax base, you can use a deduction in the amount of 1 million rubles.

Often, people deliberately lower the price in the contract in order to avoid paying tax. Therefore, the state introduced changes to the legislation, on the basis of which the sale price is compared with the cadastral value of the object. The tax is calculated from the highest rate.

Conclusion

The sale of real estate is considered a complex process, during the implementation of which you may encounter various fraudulent schemes. Therefore, it is important to understand how you can protect yourself from numerous scams.

The procedure for the sale of an object can be performed independently or with the help of a real estate agency. In the first case, much attention is paid to the competent drafting of the sales contract and the procedure for transferring money.