Increasingly, citizens are thinking about how to sell an apartment with a registered person. Is it possible to conclude such a deal? What features of the process will have to be considered? Selling a home is common. But often citizens face certain difficulties and burdens. Some transactions turn out to be very doubtful and even risky. Therefore, it is necessary to study as much information as possible about the sale of housing in which someone is registered. So the seller and the buyer will be able to assess the real risks of the operation.
Chance to sell
Is it possible to sell an apartment with a registered person? This is the issue that worries many citizens. What does the legislation say about this?
There are chances for the sale of real estate in which someone is registered. The legislation of the Russian Federation does not prohibit owners from selling their housing if there are registered persons in it. But this scenario is considered as a deal with encumbrance. Therefore, it is far from always possible to bring an idea to life.
Unattractive offer
Can they sell an apartment with registered people? As we have already found out, homeowners have the right to do so. The mentioned transactions are not prohibited by law. But they have some design features.
Also, the sale of real estate in which someone is registered is an unattractive operation for buyers. In particular, due to the fact that registration allows registered persons to live in a particular territory.
Only rarely, buyers agree to a deal with housing in which there are registered citizens. In fact, everything is not as scary as it seems. If you take into account some features of the transaction, you can get rid of the apartment in a few months.
Who can’t be written out
Can I sell an apartment if a person is registered there? Easy. But only theoretically. In real life, turning an idea into reality can be quite difficult. Especially when you consider that not all citizens can be discharged from the apartment after its sale.
The legislation indicates that it is impossible to deregister without the consent of the tenant:
- minors;
- citizens who refused to privatize in favor of other persons;
- people who have the right to use the apartment by testament;
- a member of a housing cooperative (and members of similar families);
- tenants of housing;
- borrowers;
- recipients of rents.
Most often, people encounter problems when selling an apartment with minor tenants (not owners). Such property is often sold at a great discount, which attracts buyers. But in the future, such a deal may cause a lot of trouble. About them will be discussed later.
Forced discharge
The owner sold the apartment with registered people? You cannot call him a liar. Indeed, in Russia such transactions are not prohibited by law. The seller in this case is not entirely honest, but his actions are completely legal.
In connection with the change of the owner of the housing, it is possible to forcibly (by court) de-register citizens. And this is taking into account the fact that they do not belong to any of the previously listed categories.
Only in real life, the court is not too willing to take up such cases. After all, the plaintiff actually deprives another person of housing. And there must be good reason for this.
Buyer Risks
How to sell a privatized apartment with a registered person? To do this, first of all, you need to find a buyer who agrees to such a step. Making it a lot harder than it sounds.
What are the risks involved in the deal being studied? Among them, the following points are usually distinguished:
- the new owner will receive receipts for housing services with a higher tariff;
- a registered person can return to the apartment at any time for further residence;
- registered minor foreign children will be able to live in the territory with their parents.
In other words, the purchased apartment will not actually allow the new owners to live in peace. Therefore, citizens try to avoid offers where there are registered people in housing.
Ways to sell
How to sell an apartment with a registered person? If you do not take into account the above features of the process, then in general this operation is no different from the sale of real estate.
You can sell an apartment:
- independently;
- through real estate agencies.
In the second case, the chance of a successful and fairly quick transaction is much higher. But you can’t say exactly how long the seller will look for a buyer for an apartment with a burden.
Action algorithm
To sell an apartment without the consent of registered people is easier than it seems, but only with competent actions. For bona fide sellers, such transactions do not cause problems.
If you follow some instructions, the implementation of the task will not take much time and effort. Citizens who decide to sell an apartment with an encumbrance in the form of persons registered in it must:
- Collect documents indicating the presence of encumbrances on the apartment. We are talking about an expanded statement on the composition of the family, which is taken in the passport office or the Criminal Code.
- Prepare documents for the sale of housing.
- Obtain the consent of the guardianship authorities for the transaction.
- Find a new place of residence for persons registered in the apartment.
- Find buyers for the transaction and draw up a contract of sale. Potential customers need to immediately talk about the burdens and confirm them with documents.
- Conclude an agreement and receive money for the transaction.
- Issue a statement of receipt of funds. Register for new housing.
Done! By design, this operation is no different from the usual sale of real estate.
Documents for the transaction
How to sell an apartment with a registered person? These transactions require a special approach to the preparation of documents for the implementation of the task. In general, the list of documents is not much different from the papers required for the sale of real estate without burdens.
Today, the seller should have with him:
- an agreement;
- passport;
- extract from the Unified State Register;
- certificate of ownership of the apartment;
- consent of all owners (not residents) to the transaction;
- certificate of family composition;
- extract from the BTI;
- marriage / divorce certificate (if any);
- cadastral passport of real estate;
- birth certificates of all child owners and registered in housing;
- permission of the guardianship authorities for the transaction (if housing is owned by the child).
As already mentioned, the seller must provide the buyer with all the information about the purchased property. A certificate in which all registered citizens are indicated is taken in an expanded form. In this case, the document will indicate the persons who are temporarily discharged from housing for one reason or another. The main thing is to be honest with the buyer.
How to secure a deal
Now it’s clear how to sell an apartment with a registered person. In fact, this operation will not cause trouble if you prepare in advance for the discharge of all residents on the territory.
There are some tips that will help real estate buyers secure a purchase of an apartment. What to look for first?
You will need to find out the answers to the following questions:
- Does the buyer have minor children? Where are they registered?
- Where do you plan to prescribe a child after the sale of real estate?
- When will de-registration of minors in purchased housing take place?
- Did tenants refuse privatization in favor of other citizens?
- All registered in the territory are not relatives of the seller?
- Are there people who are only registered in the apartment, but do not live in it?
Usually a bona fide seller will quickly tell you about all the burdens that the apartment has.
Do not trust transactions in which the former landlord promises to issue a minor child after the transaction. Especially if the children have shares in the property. In fact, usually minors remain registered in the apartment as a kind of bonus, causing problems to the new owners.
Also, the buyer, who agreed to the purchase of housing with the people prescribed in it, must be prepared for litigation. As already mentioned, the "excess" tenants can be deregistered in court. This is a fairly common occurrence.
Summary
Now it’s clear how you can sell an apartment with a burden (a person is registered). Based on the foregoing, it follows that this is far from the most difficult transaction. Yes, finding a buyer in this case is problematic, but with the right and conscientious approach to business, you can realize the idea.
The main thing is honesty. It is impossible to hide the encumbrances that the real estate sold has. Otherwise, the transaction may be invalidated. Or, the buyer finds out about the citizens registered on the territory of the housing and refuses to buy.
In the real estate market, apartments in which there are certain tenants are not very valued. As noted earlier, these transactions have enormous risks. And therefore, even low housing prices do not attract potential buyers.
Usually the purchase and sale of real estate, where someone is registered, has a great chance of implementation if there are no minors in the apartment. After all, it is possible to write out registered citizens, as we have found out, in court. When minors appear in cases, everything is complicated by the need to contact the guardianship authorities.
Is it worth buying an apartment with a burden in the form of persons registered in it or not? Everyone decides for himself. This fact does not bother some at all. But if you want to be 100% sure that nobody will interfere with the use of housing, it is better to look for real estate without burdens. Then the deal will go without features and risks. All information offered to attention will be useful to both buyers and sellers of real estate.