Property owners quite often think about what documents are needed to sell a house or other property. This is due to the fact that a violation of the established algorithm of actions, accompanied by paperwork, entails very serious legal consequences. For example, the transaction may be deemed invalid in the future.
That is why the sale and purchase of any property has to be taken extremely seriously. Below we will consider all the features of the sale of houses and cottages. What documents will be required for this? Where to get them? How to conclude an appropriate agreement? The answers to all these questions and not only will necessarily be disclosed below. In the end, every property owner will be able to cope with the tasks.
Choosing a way to conclude a contract
The list of documents for selling a house we will study a little later. First of all, we will try to understand the features of concluding relevant agreements. After all, to know where and how to get these or those papers is only half the battle.
First, citizens must decide how they will conclude a contract of sale. Practice shows that the speed of an operation depends on the answer to this question.
At the moment, real estate is being sold:
- in the home;
- through real estate agencies.
People who are poorly versed in the current legislation and legal aspects of property transactions are advised to use the services of intermediaries. They charge a commission for their work, but the operation is fully accompanied by experienced lawyers. The real estate agency will help and prepare a package of documents for concluding a contract, and certify the validity of the agreement in the end.
If the owner is confident in his abilities, he can independently sell an apartment or house. But then the signing of the contract should be carried out in the presence of a notary.
Main package
What documents are needed to sell a house? The thing is that the answer to this question depends on the specific transaction. Life is unpredictable. And the sale, therefore, may require various documentation.
Nevertheless, there is a mandatory package of documents that cannot be dispensed with. These components include:
- seller’s identity card;
- technical passport for the property;
- cadastral passport;
- extract from the house book;
- certificate of ownership of the property;
- contract of sale;
- title documents for the house.
Since 2017, the proposed list of securities has been significantly reduced. Now, the documents for the sale of a private house without fail include:
- passports of the parties;
- agreement on the sale and purchase of real estate;
- extract from the USRN;
- help from the home book.
This is due to the fact that recently in Russia canceled the issuance of certificates of ownership of objects, as well as cadastral passports. Now, such information is stored in extracts from the register of real estate rights.
Joint property
Now consider a few special cases. More precisely, what documents are needed to sell a house under certain circumstances.
Sometimes for sale put together property acquired. Regardless of who the house is registered for, the seller will have to bring with him to conclude the appropriate transaction:
- marriage certificate;
- prenuptial agreement (if any);
- Spouse's consent to the transaction (preferably notarized).
You can do without the last component.However, if the spouse is against the sale, he will be able to cancel the agreement without any problems. Therefore, it is recommended that you ask for the written consent of the husband / wife to sell the joint property. This rule does not apply to personal property.
It is important to remember that the papers proposed for attention are attached to the main package of documents for the sale of real estate. Only in this case will the transaction be carried out in compliance with the legislation of the Russian Federation.
Many owners
What documents are needed to sell a private house? Assume that the property has several owners. Not necessarily only spouses. What to do under such circumstances?
In this case, you can either sell only your share, or put up the whole house for sale. First, a few words about the second scenario.
What documents are needed to sell a house that has many owners? The package of documents without fail includes:
- passports of all owners;
- the consent (written) of the property owners to conduct the transaction.
The second document is executed by a notary and only in writing. Without it, no lawyer will agree to certify the sale of property.
In addition, if at the time of the transaction all the owners of the house cannot be present at the place of operation, they are advised to write a power of attorney to sell the property. It is also drawn up by a notary public. This technique will save you from the bulk of problems in the future.
Selling your stake
What documents are needed to arrange a home sale? We have already met with the main package of papers. And what if you want to put up for sale only your share? For example, if a property has several owners?
Such situations cause a lot of trouble to sellers. And so you have to prepare for the behavior of the transaction in advance.
The owner must prepare:
- notice of sale of shares;
- refusals of all property owners to purchase;
- consent for the repurchase of the share by the owners of the house (optional).
By law, other real estate owners have a preemptive right to purchase. That is, first the seller must offer to buy the share to the co-owners, and then put it up for sale. Alert is recommended in writing. A citizen sends out notifications of his plans by registered letters with a notice of receipt.
No response from co-owners
Is it really impossible to sell a house if other property owners do not want to buy back a share? Can. But what about when the co-owners are simply silent and do not give answers to the notification of the potential seller?
This situation is not so rare in real life. Prepare the necessary documents for the sale of the house is not difficult. The main thing is to notify other property owners of the transaction (by letter of receipt of receipt), and then wait a month.
After that, it is enough to attach notices to the previously proposed package of papers. And on this an additional package of necessary documents for the sale of property ends. Lack of a timely response to the warning about the sale of shares will be regarded as a refusal to repurchase.
Minor owners
Are you planning to sell a house? Sales documents, the design of which we will examine later, can cause a lot of trouble. Especially if there are minors among property owners.
The thing is that then the package of securities will be significantly expanded. The transaction will be carried out legally if the seller submits:
- birth certificates of children;
- certificates of property rights of minors;
- permission of the guardianship authorities to conduct the operation.
The last document is not required if the family leaves for permanent residence in another city or country. In other cases, transactions involving minors will require the consent of the “guardianship”.It is enough to apply to the local department of the PLO with the appropriate application, as well as with an application for the purchase of new housing. After all, the interests of children should not be infringed. And after the sale of the house, parents are obliged to transfer to the ownership of minors a similar or larger share of real estate. Only in this case, "custody" will allow the sale.
Title papers
The list of documents for the sale of a house often includes the presentation of title papers, according to which the rights to real estate were acquired.
These include:
- purchase agreement;
- gifts;
- evidence of winning property;
- testament with consent to acceptance of inheritance;
- confirmation of kinship with the previous owner + proof of inheritance;
- exchange agreement;
- buyback agreement.
These are the most common title documents. They also include a privatization agreement. Occasionally, a judicial decision or prenuptial contract serves as title paper.
Where to get USRN statements
We have already studied the documents for the sale of a house with a land plot. And where to get some of the components from the proposed lists?
For example, not everyone understands how to issue USRN statements. They are issued in Rosreestra, as well as in cadastral registration chambers and multifunctional centers. Ordering a document is permitted both personally and via the Internet. For example, through the official website of Rosreestr or the portal "State Services".
To obtain a USRN statement, you will need:
- Prepare documents: passport, foundation of property rights, application, receipt of payment of duty (average 250-400 rubles).
- Apply with an application for an extract to the registration authority.
- Get a certificate of acceptance of the request.
- At the appointed time, pick up the finished sample of the document.
In the case of working with Internet services, you can issue an electronic statement, as well as choose a convenient place to obtain information from the registry of rights. To fill out the application form, just follow the on-screen instructions.
Home Book
Documents needed to sell a home include a home book reference. Where to get it?
The relevant statement is issued in:
- passport offices;
- management companies;
- passport and visa centers;
- UFMS;
- migration departments of the Ministry of Internal Affairs.
In addition, you can apply with a corresponding request to the BTI. It is enough to have a certificate of registration with you, as well as an identity card.
Selling algorithm
We found out what documents are needed to sell a house. And how to make a deal? Consider an independent operation.
To implement it, you will need:
- Collect a suitable package of documents.
- Find buyers.
- Draw up a contract of sale.
- Contact a notary office with documents.
- Conclude an agreement for the sale of property.
- Get money for the transaction and issue a receipt of the established form.
- To draw up an act of acceptance and transfer of land and housing.
At this point, the seller’s actions end. It remains only to carry out the procedure for re-registration of property rights to property in Rosreestr.