Today, the need to acquire their living space is as high as ever. The modern real estate market provides consumers with great opportunities. In this regard, for each potential buyer, it is important that all the documentation is correctly executed, including the contract of sale, or DKP of the apartment. Indeed, the legality of the transaction largely depends on this.
Since 2013, the legislation has significantly simplified the preparation of documentation for notarization of an agreement. In addition, the procedure for making a fact on transfer of ownership of real estate from seller to buyer was also changed. Why is this agreement so important? We will analyze the topic of this article.
What is DCT?
Purchase and sale agreements are different, but notarization is required during the acquisition:
- apartments;
- a car;
- plot of land;
- private home ownership;
- shares of the authorized capital of the enterprise.
As you can see, these are not only immovable, but also movable objects of property. From a legal point of view, this document is an agreement between the seller of the property and the buyer, drawn up in writing. At the same time, ownership of the housing being sold is simultaneously transferred. This is what DCT is when buying an apartment.
Preliminary agreement
In addition to the main agreement for the purchase or sale of real estate, another document appears, which is referred to as a preliminary contract. Why is it needed? This is a very convenient tool in the course of transactions with real estate of a difficult nature. Its presence allows legally securing to the parties to the agreement their rights and obligations in case of certain difficulties. For example, a deal cannot be feasible in the near future (one week or two).
In this case, a similar kind of document is concluded. However, this requires a serious reason:
- The buyer does not have available funds for the acquisition of real estate.
- There are not enough documents and it takes some time to collect them.
- The absence of one of the sellers for a good reason, the presence of which is mandatory.
- Preliminary DKP of the apartment will come in handy during the acquisition of real estate with subsidies. In this case, the funds will become available to the buyer only after the transaction is registered in Rosreestr, which will take at least two weeks.
- The buyer takes part in the inheritance procedure, which requires 6 months, however, both parties intend to complete the transaction. In this case, specialists do not recommend signing such an agreement in the absence of a notarized certificate of inheritance.
In addition, the preliminary document will be useful in the event of a conflict that is created by one of the parties to the agreement - refusal to sign the main contract.
This document has legal force. Therefore, if necessary, it will be considered by the court, since it obliges the parties to fulfill the obligations specified in it.
Types of Agreements
There are two types of DCT apartments:
- Written agreement in simple form. Here we are talking about a document signed by both parties that agree to the specified conditions specified in the contract. If there are several sheets, they are stapled together and sealed with signatures.
- Notarized document. In this case, the legal capacity of each participant in the transaction is checked. If necessary, translate into another necessary language. There is also a full guarantee regarding the legality of the sale procedure.But payment of a fee is still required, which depends on the value of the property.
As you might guess, the notary option is still preferable. In addition, the notary is now entrusted with the procedure for verifying ownership of the seller. In addition, the specialist can also carry out registration of property rights to real estate after confirming the documentation and registration of DKP apartment.
Thus, the transaction is greatly simplified by visiting at one address to obtain the full range for the sale or purchase of real estate.
Parties to the sale
At least two people participate in the transaction:
- Seller - the person who owns the property, which is the subject of the contract.
- Buyer - a person who, upon completion of the transaction, transfers the ownership of the object of the contract.
That is, this is an agreement between the parties: the seller transfers to the other party, which the buyer is, his property for a fee. If necessary, trustees who represent the interests of the parties may participate in the transaction.
Only they should have a power of attorney certified by a notary. Participants in DCT apartment sales can be not only individuals but also legal entities.
Subject of the contract
The subject of the contract is the property that the owner puts up for sale. This is the most important condition of the transaction, which must certainly be reflected in the contract. Otherwise, this will be a clear violation. In this connection, the subject of the contract should be described with maximum details, not forgetting to indicate all the parameters of the object and the signs by which it is identified.
In cases where the subject of the contract is an apartment, the following points should be reflected in the document:
- The full address of the location of the property (country, city, street, house and apartment number).
- The total area of the object of sale as reflected in the certificate of ownership.
- On which floor is the apartment.
- Purpose of real estate (residential, non-residential).
- The number of the unified state register (cadastre).
If for any reason all the owners have not been discharged from the apartment in accordance with the terms and conditions of the apartment, then this can be done through a court. However, not in every case this can be done. For example, it is impossible to write out citizens who refused to privatize in this way, nevertheless have the full right to property on a par with the seller or included in the warrant.
Also here can be attributed those persons who have signed a contract for life support with dependents. Some citizens retain the right to use the premises in accordance with a testament. The duration is reflected in the will of the inheritance and lasts several years or even for life.
Preparation of necessary documentation
The most important thing that should be decided before carrying out the procedure of buying and selling real estate is to choose a good notary. According to the current legislation, private specialists have the same powers as state notaries. In other words, almost all specialists in this field carry out their activities on behalf of the state.
Only when choosing a notary public to compile an apartment property account should a number of circumstances be taken into account. The transaction should be conducted only at the place of actual location of the property or at the place of residence of the seller or buyer.
The duties of the property owner include the preparation of the following package of documents:
- Your passport with photo and identification code.
- Proof of title to real estate.
- Technical passport of the apartment (if both parties to the contract wish it).
- Information on the number of people living and registered in the apartment.As a rule, it is issued in a housing office and this should be taken care of two or three days before the transaction.
- There are times when children or incompetent people live in the apartment. Then it is necessary to obtain an appropriate permit for the sale of the property from the guardianship and trusteeship authorities at its location.
- It is also necessary to evaluate the real estate according to the current market value. Special appraisal government bodies are responsible for this.
In addition to the listed documents, for DKP apartments, some other papers may additionally be needed, because the situations are different. For example, the seller owns the apartment on a par with the spouse, or both owners are legalized by marriage. In this case, there is a need for the written consent of the co-owner of the apartment being sold. Moreover, it is submitted to the notary by the second spouse personally, together with his passport, identification code, marriage certificate.
Purchase Procedure
In accordance with the current legislation of the Russian Federation, the entire procedure for the sale of real estate is carried out in three stages:
- To begin with, all information about the seller is entered into a single state register of property rights to real estate. A check is made as to whether the subject of the contract is secured.
- The second stage is the deal itself.
- Now it remains to enter information into the cadastre about the new owner of the subject of the contract. Also at this stage, the preparation and issuance of documents that legitimize the buyer as the true owner of the apartment.
As an example, DKP apartments - photo below.
All specified procedure should be carried out within one day. Moreover, based on the specific situation and the package of documents, the process can take 2-4 hours.
Termination of an agreement
Buying and selling apartments usually has different consequences. Some are good, while others are bewildering. For example, real estate was bought, housewarming was celebrated with friends, relatives and the owners have already begun to make repairs - it seems that all the difficulties have passed and only a bright future lies ahead. But it wasn’t there - a subpoena comes and further proceedings are coming regarding the termination of the contract.
Such a turn is capable of anyone, figuratively speaking, simply unsettling, fairly spoiling the nervous system. What can serve as the main reason for terminating the transaction?
Payment Errors
As a serious reason for terminating the DKP apartment may be a violation of payment. In real estate transactions by both parties to the contract, significant errors are often made. And sometimes this leads to very sad consequences. Typical of them are the lack of confirmation of the payment made or the payment documents are drawn up with an error.
Therefore, in order to avoid many troubles, it is necessary not to make mistakes during payment transactions. That is, if the apartment is purchased from a legal entity, then payment should be made only to the account of the organization.
With regard to individuals, everything is a little simpler - here the calculation should be carried out only with cash. In this case, the seller must provide a receipt that reflects all the details of the transfer of finance. This will serve as a reliable guarantee and confirmation that the buyer has fulfilled his obligations regarding payment for the acquired property.
Registration Issues
In order for the contract of sale to gain its legal force, it is not enough to assure it of a notary public. Of course, the transaction itself can simply be executed in writing, however, in any case, it is necessary to register the DCT apartments in Rosreestr. The contract is transferred to this state body in person or through a proxy with the provision of a power of attorney.
In addition, you will need a receipt for the payment of state duty, an extract of the house book, as well as a notarized statement of the spouse about the consent to the sale of real estate. If the owner is not married, then a statement with the seal of a notary is attached to the package of documents. After 11 days, if the transaction was completed in a simple form and 3 days with notarization, the Federal Registration Service shall fix the right to transfer ownership to the new owner. And precisely at this moment, the terms of the transaction are considered fully implemented.
A sad case is known that occurred with one citizen who, as a result of the trial, remained without an acquired apartment. He had a competently executed contract in his hands with the participation of a notary, but for a long period of time he was not provided to the state registration service in order to legitimize his ownership of real estate.
But this was at a time when, according to the old version of the Civil Code of the Russian Federation, it was rather difficult to enter into their legal rights. Now, the whole procedure for registering an apartment house apartment has been simplified, and citizens can not worry - now the incident mentioned above will not happen to them.
Other circumstances
Many real estate sellers are simply confident in their legitimacy to terminate the agreement after 6 months after signing the document. However, to believe so is to make a big mistake. Yes, the agreement can actually be terminated, but there must be good reason for this. And in addition to the situations already listed, other circumstances may serve as a serious reason for declaring the transaction invalid. As a rule, at the time of the conclusion of the agreement there were no such situations; they appear later. In any case, all such situations should be considered in court.
In conclusion
Buying and selling an apartment (as well as any other real estate object) is a rather troublesome procedure. There can be a variety of consequences, as already described above. Therefore, it is necessary to more than responsibly treat a transaction of this kind.
In particular, avoid irreparable errors and correctly conduct payment transactions. It is also important to carefully read the contract during the acquisition of housing, because it is not known which seller, who he is and for what purpose he sells real estate. Well, the deal should be executed at the notary's office - so at least there will be some guarantee of the legality of the agreement.
Finally, you can wish all participants in real estate transactions to avoid mistakes and comply with applicable law. But the most important thing is to clearly understand what DCT is when buying an apartment. Only then can you sleep peacefully!