How to sell an apartment on your own? Tax for the sold apartment. Sale of real estate without intermediaries

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

Is it possible to sell real estate without intermediaries? In order to answer this question, it is necessary to understand the reasons for which real estate owners turn to them. When resorting to the services of agencies, many people mistakenly believe that it takes full responsibility for the apartment bought with its help. This reason for turning to intermediary services does not make sense. According to the law, the contract of sale is concluded by the seller and the buyer, and the real estate office is just an intermediary. It assumes no legal or financial responsibility. This must be stipulated in the service agreement between the client and the agency. At best, it will be able to represent the interests of the seller in legal proceedings.

Many use the servicesintermediaries to avoid unforeseen situations or scammers. Knowing how to sell an apartment on your own, namely all the threats and subtleties at each stage of the transaction, you can protect yourself as much as possible and do without the help of an agency.

Re altor does laborious work, so the professional's fee is high. But a large percentage of people who are willing to make an effort and save money still resort to the services of intermediaries. There is only one reason - they do not know how to sell an apartment without a re altor. Having familiarized yourself with all the stages of the procedure for buying an apartment, you can safely do without intermediary services.

First steps: how to evaluate, put up for sale and organize a viewing of an apartment

How to sell an apartment on your own and where to start? Before the transaction, you must go through the first three steps for the sale of any property:

1. First of all, you need to set the right price for the apartment. To do this, you need to study similar real estate offers. With the help of advertising newspapers, the Internet, find ads for the sale of apartments in the same area of the city with approximately similar parameters: condition, area, location, and others. You can call several similar options and clarify all the details in more detail, as well as ask how long the apartment is being sold. When forming the cost, it should be taken into account that the buyer can bargain. Usually bargaining is up to 5% of the desired price.
2. Having established the approximate cost of the apartment, you should attract the attention of as many potential buyers as possible. Must be filedan advertisement in popular advertising publications, free newspapers, place it on Internet pages and paste it on special boards with information. The advertisement should briefly contain all the information about the apartment and a telephone number for contact. To prevent potential buyers from calling around the clock, you can specify a specific time for calls. The ad should be updated as often as possible.



3. All sellers, and especially women who are interested in how to sell an apartment themselves, will need advice at this stage. Customer visits should be treated with caution:

• to make appointments during the daytime, preferably on a day off;
• be at the meeting preferably together with someone you know;
• remove valuables and money from prominent places;
• never show original documents before the transaction, only photocopies.

Receiving a deposit

No need to rush to remove ads for sale, suddenly a person changes his mind, and the seller will lose a potential client. Having agreed on a price, it is necessary to offer the buyer to make an advance payment. Those who are independently involved in the transaction and are studying how to sell an apartment without a re altor need to know - legally this moment can be formalized in different ways: write an advance agreement (a receipt for receiving an advance) or draw up a preliminary agreement on a deposit. For convenience and security, this sale and purchase agreement must include a full description of the object being sold and the terms of the advance. Then, in case of refusal of the transaction, the buyer will be obliged to reimburse moreand pen alties.

How is a sales contract drawn up?

The main step in this process is to draw up a correct sale and purchase agreement, which should be ready 2-3 days before the appointed time for the transaction. The form of this document is selected: notarized or simple written (PPF). Both types of registration have the same legal force. However, those who are studying how to independently sell an apartment on a mortgage should be aware that in this case, according to the law, the form of the contract must only be notarized.

Drafting a PPF contract is more economical and costs about 50-70 dollars. With the notarial form of the document, the notary also takes an additional percentage of the sale amount. Of course, the cost of this type of registration will cost much more, so you should not choose the notarized form of the contract and spend extra money without the need.

PPF-agreement can be drawn up by yourself or seek the help of a lawyer. In any case, you need to carefully study the contract of sale of real estate and carefully check each of its points:

• who sells and to whom (full name and passport details);
• address and full compliance of the main parameters prescribed in the contract with BTI certificates - f No. 11A and f No. 22A;
• terms of sale, apartment price and settlement form;
• correctness of title documents described in the contract;
• the time for the release of the apartment and the discharge of registered persons from it, as a rule,is 14 days.

Registration of the contract of sale

The most convenient and safest way of settling is a safe deposit box. It is advisable to open it in a reliable bank located in neutral territory. A safe deposit box will guarantee that the seller will receive his money immediately after completing all the necessary documents.

After the money is placed in a bank cell, you need to submit for registration to the Federal State Registration Service (FSGRKK) the real estate purchase and sale agreement with signatures and the following documents:

• title document for the apartment being sold (contract of sale, certificate of inheritance, as well as any other document confirming the rights of the owner);
• the cadastral passport of the apartment obtained from BTI specialists;
• copy of the financial and personal account (AKC) in the original and an extract from the house book;
• original certificates F No. 22A (required) and F No. 11A (if necessary) received at the BTI;
• photocopies of passports of all participants in the transaction;
• for women learning how to sell an apartment themselves, you should know that the consent of the husband registered in the apartment is required, and for the man - the consent of the wife;
• if there are children, then in some cases permission from the guardianship authorities will be required;
• in the case when the apartment is communal, the neighbors (if they are the owners of other rooms) or the city (if the remaining rooms are not privatized) must be refused;
• other documents at the discretion of the registration officer (birth, death andothers).

If the registrar accepted the documents, then everything is done correctly. This employee will give a receipt for the receipt of documents and set the time when it is necessary to pick up. As a rule, documents are registered with the FSGRKK on average for two weeks, then a registered document of sale is issued to the buyer and seller. Both parties need to carefully check the received contract for typos and errors. If all is well, then the seller needs to get the key to the safe deposit box from the buyer.

Why do we need a deed of transfer?

The release of the apartment takes place in accordance with the agreements specified in the contract of sale. The deed of transfer is an important document that is drawn up during the transaction in any form. It details the condition of the apartment. Sometimes a sales contract replaces it, but it is still better to draw up such a paper separately. It is possible, of course, to reach verbal agreements, but it is wiser to protect yourself. An important point for sellers who are studying how to sell an apartment without a re altor: until the transfer deed is signed, the seller is responsible for the physical condition of the apartment (flood, fire, theft), and also pays all utility bills.

When is tax paid?

All sellers are interested in the question of whether it is necessary to pay tax for the sold apartment. There are such important points in the legislation:

• if a person has owned an apartment for 3 years or more, then when it is sold, the owner is exempt from taxationin accordance with paragraph 17.1 of Article 217 of the Tax Code of the Russian Federation, but is still required to file a zero tax return;
• when the seller has owned housing for less than 3 years, then, according to paragraph 1 of Article 220 of the Tax Code of the Russian Federation, he is obliged to pay 13% of the tax on the amount, the calculation scheme of which the owner chooses at his discretion.

Two formulas for calculating tax:

• formula 1: subtract the cost of purchasing it from the profit for the sale of the apartment;
• formula 2: subtract 1 million rubles from the amount for the sale of an apartment.

Those who deal with the issue of "how to sell an apartment on their own" and do not know all the intricacies of the law, some useful information will come in handy:

1. If the apartment was purchased at the current sale price or higher, then it is better to use the first calculation formula, since the tax amount will be negative, which means that you do not need to pay anything. For example, the owner bought an apartment two years ago for 2 million rubles, and sold it now for 1.8 million rubles, then according to the formula 1.8 million rubles. - 2 million rubles.=-0.2 million rubles - No tax on loss.
2. When the apartment was practically given away (by inheritance, donation), it is wiser to take the second formula into account.
3. According to paragraph 1 of Article 229 of the Tax Code of the Russian Federation, it is necessary in any case to file a tax return at the place of registration of the seller before April 30 of the year following the year of sale. The calculated non-zero tax must be paid before July 15.

Sale of an apartment by proxy

When there is not enough time for laboriousthe process of selling a home often draws up a power of attorney. For example, it will be a reasonable solution in the case when several owners own one property. The sale of apartments in this case is carried out as follows: all owners draw up all the cases related to the transaction for one, less busy person. Regardless of the reason for drawing up a power of attorney, there is a very important point: in order to avoid trouble and not be left homeless, it is necessary to clearly indicate the powers of the trustee.

Very seriously and vigilantly you need to approach the general power of attorney. It enables a trustee to make any kind of transactions with property and dispose of it at his own discretion, for example, sell it and get money for himself. A general power of attorney is issued by a notary public only after a thorough check of the principal to determine whether he understands the purpose of signing such an important type of document.

There are times when the buyer wants to insure and requires the inclusion in the contract of sale of a clause confirming the transaction by the owner of the home. Then it is possible to sell an apartment by proxy only after the principal's statement, written by a notary, about the validity of the sale operation.

In the event that the need to use the services of a trustee has ceased to be relevant, the power of attorney can be revoked even before its expiration date. Data on the revocation of the power of attorney is recorded in the information database of the Notary Chamber.

Sale of the apartment where the child lives

Almost inevery family has children. Therefore, for parents-sellers, the question is very relevant: "And in this case, how to sell an apartment?" The child must be considered and in no case infringe on his interests, otherwise the sale of housing will be problematic. This is monitored by the authorities. There are two types of purchase and sale transaction procedure: the child is registered in the apartment or is the owner of a share of the housing.

According to the provisions of Art. 26, 28 of the Civil Code of the Russian Federation, minors and minors, only with the consent of their legal representatives, have the opportunity to make a strictly specified range of transactions, including those involving real estate. It is possible to sell housing in which a minor is registered, but is not the owner, without the permission of the guardianship authorities. The exception is children deprived of parental care or who are under guardianship. In this situation, special permission from the guardianship service is required. In any case, before selling the apartment, you need to find a new place of registration for the child, since children must be immediately registered in another place when they are discharged from one place of residence. At the same time, new housing should be with the same or larger area and with similar living conditions. If the rights of the minor were not infringed in any way, then there will be no problems with the sale of the apartment.

If the child is the owner of part of the apartment, then the appropriate consent of the guardianship and guardianship authorities is required. This must be taken care of in advance, before the sale of housing. You need to contact the guardianship organization at the place of registration of a minor child and find outwhether it is possible to sell an apartment at all, depending on the specifics of a particular case. If the transaction is provided for by law, then you need to find out how long the permit for the sale will be ready, and start collecting the necessary certificates. Then, when drawing up a document of sale, the seller without a child (if he is under 14 years old) or with him (when he is over 14 years old) comes to the guardianship and guardianship authorities to fill out and sign an application. The second guardian (spouse, even if the couple is divorced) must also be present and give consent. Then, on the appointed day, you can get a ready-made permit.

Exceptional cases:

• If you plan to change your place of residence due to moving to another locality, then the transaction is possible only with the permission of the guardian organization, and the amount received for the apartment is transferred to the bank account of the minor. Parents are given 3 months from the date of sale to purchase a new home and register a similar share in the property of the child. Otherwise, the guardianship authorities reserve the right to cancel the sales contract.
• When moving for permanent residence outside the country, it is necessary to submit to the guardian organization a list of certain documents received from the OVIR.
• If new housing is being built, then in order to obtain the consent of the guardianship authorities, it must be at the final stage of construction. A minor temporarily needs to be registered somewhere (with friends, relatives). When applying for permission to the guardian organization, an agreement is brought withdeveloper company, which reflects the child's shareholding.

Options for selling a privatized apartment

The easiest way to sell privatized housing is to sell it entirely to one buyer, and divide the profit according to the share of each. It is also possible that one of the owners buys all other shares from other owners. Everything is simple here, and the transaction scheme is standard. But it often happens that one of the owners refuses to sell. How to sell a privatized apartment in this case? It all depends on how the property is divided.

If the apartment is divided into parts by footage, then you must first write a notarized notice of sale, indicating the size and desired value of your area to be sold, and send it by registered mail to the other owners. In accordance with Art. 250 of the Civil Code of the Russian Federation, they have an advantage over other buyers. If within 30 days other owners did not agree or refuse to purchase, then according to Art. 250 of the Civil Code of the Russian Federation, you can exercise your right and sell a share in a joint apartment to any other person.

When an apartment is divided in percentages, it is impossible to sell it without the desire of the others, but you can receive money for your share voluntarily or forcibly by going to court.

If there is a share of a minor child in privatized housing, then you can sell the apartment with permission from the guardianship authorities.

Sale of a donated apartment

A person who has a gift certificate can dispose ofproperty at your discretion. If the owner wants to sell the donated apartment in which he is the only owner, then the sale takes place according to the general standard scheme. Having received money for real estate, the seller must pay tax. We discussed above how to choose the right and profitable tax formula.

When a share of an apartment is received as a gift, which is divided by percentage or by footage, the sale scheme is similar to that discussed in the section "Options for the sale of a privatized apartment".

Sale of an apartment in a mortgage

Despite some of the obstacles that accompany transactions with mortgage property, it is possible to sell an apartment in a mortgage. There are several ways to carry out this operation:

1. Clear the loan early by repaying it with your own savings or, if the buyer agrees, with an advance received from him.
2. You can sell an apartment without first repaying the loan debt. To do this, you need to write an application to the bank and wait for approval. He may refuse if the sale occurs during the term of the moratorium on early closing of the loan. If the bank agrees, but insists on its participation in the transaction, then two bank cells are opened in it: the buyer places the loan repayment amount in the first, and the remaining difference in the second. After the removal of the encumbrance from the housing, a purchase and sale transaction is drawn up. In this case, even when selling an apartment without a re altor, you will have to pay a commission to the bank for opening safe deposit boxes and supporting the transaction.
3. If the lender agrees to the sale without priorrepayment of the loan debt and agrees not to take part in the transaction, it is necessary to conclude a preliminary document of sale. Then, having paid for the loan with the money received from the buyer, the owner receives documents to lift the ban and goes to the registration chamber. Next, the seller completes the transaction at the notary.
4. You can sell an apartment with a loan. The buyer needs to submit to the bank all the necessary documents confirming his solvency, and he is already deciding on the option of replacing the borrower. With a positive decision, the property rights are re-registered, the property remains in the mortgage, and the seller receives the difference between the cost of the sold apartment and the balance of the debt without the participation of the creditor.

Conclusion

It turns out that different apartments: privatized, the one whose owner is a child, mortgage, donated - can be sold without the help of a re altor, knowing all the steps of the transaction from setting the price to receiving the amount of money. Having an idea about the dangers and intricacies of this process and putting a lot of effort and time into the deal, you can sell your apartment on your own.