Sales transactions in Russia cause a lot of questions among the population. Both the owners and the buyers. Most often, problems arise for those who decide to sell property with several owners. And there are reasons for that. For example, if someone does not agree with the deal, the entire object will not be sold - only its part. And this will have to be done in compliance with the rules established by the legislation of the Russian Federation. We will get acquainted with it further. Particular attention should be paid to the sample notification of the sale of shares in the apartment. This is an extremely important document, without which further manipulations are useless.
Selling shares: legality of action
Some are interested in how legitimate the sale of part of the property in Russia is. Is it possible to use such a technique at all?
The legislation of the Russian Federation allows you to do anything with your property. It can be presented, sold, and bequeathed. True, in the case of the sale will have to comply with certain rules. Otherwise, the transaction will be declared illegal.
How to sell a stake: process legislation
Sales transactions most often involve the implementation of the entire facility. But if desired, a citizen can get rid of his part. If the property has several owners, everyone has the right to sell his "piece".
It is in this case that you need to study the sample notice of the sale of shares in the apartment. The thing is that co-owners of property have a preemptive right to purchase. And first, the seller must offer to redeem his part of the property to the other owners of the object.
If they refused, the sale transaction is carried out according to general rules. But what about when the co-owners are simply silent, not giving an answer? Is it impossible to realize the property? Fortunately, Russia has long found a legitimate way out of the situation. And a little later we will study it in full.
Rules for processing a document
A sample notice of the sale of a share in an apartment to another owner is presented below. This document is a message written by a citizen. Usually, the notifier follows a certain structure when processing the corresponding paper.
Ideally, a sample notice of the sale of a share in an apartment contains:
- a hat;
- name with specification;
- the main part (the offer of redemption itself);
- conclusion.
You can do without the first element. Particular attention will have to be paid to the content of the document. If something is done wrong, the sale of property will be difficult. A co-owner who disagrees with the transaction can easily annul the sale agreement.
What to write in the document
The preparation of a sample notice on the sale of a share in an apartment and methods for notifying co-owners of a planned transaction will have to be paid close attention. This is an extremely important point for the further conclusion of an agreement of the established form. Until a citizen offers to redeem his share to the co-owners, he cannot conclude a corresponding deal with third parties.
In a competent notification of the established form, you need to write:
- F. I. O. of the owner of a particular part of the object;
- location of the property (apartment address);
- size of the share put up for sale;
- the amount that a citizen wants to receive for his property;
- a reference to the law, according to which the owner offers a ransom to the co-owners;
- the consequences that will result in the refusal of the transaction.
In fact, everything is simple. If you correctly approach the solution of the task, you can very quickly achieve the desired goal.True, not everyone knows how to properly send and issue notifications of the sale of property. And that becomes a huge problem.
Order of registration
To cope with the task, you need to follow a certain procedure. It is recommended to draw up a document with a notary. An employee of a notary office, as a rule, provides a sample notification of the sale of a share in an apartment. And for a fee, you can completely ask him to draw up a document in accordance with the established legislation.
The procedure for processing the mentioned paper will be as follows:
- A citizen collects a certain package of documents. We will talk about them below.
- The seller contacts the notary and draws up a form with the text of the notice. You can do it yourself.
- Documentation is certified and sent to the co-owners.
Now you will need to wait for an answer. True, sometimes co-owners do their best to avoid making a decision on the buyback. This, when sent correctly, does not become a problem for the sale of property with third parties.
Dispatch Rules
Suppose that a competent sample notification of the sale of a share in an apartment is ready. The next important step is to send the relevant document to the co-owners of real estate. A sample notice of the sale of a share in an apartment to the owner will have to be sent subject to certain rules. They will secure a potential seller in the future.
It is best to do this using a regular mail service. A citizen must send at least 2 copies of the notice. One to himself, the other to the second owner of the apartment. Accordingly, if there are several owners, each copy.
When sending, you must use registered letters with notifications of receipt. This technique will help sell their part of the property to strangers, if the co-owners do not decide on the buyback.
The rules for sending the mentioned documentation end there. You can report the sale through social networks or by email, but only the method described above is the most secure and reliable.
Important: with a notary public you can not only draw up the relevant document, but also send it to the co-owners of the property. This technique is not popular because of its high cost.
What does it look like
Below is a sample notice of the sale of a share in an apartment. This is just an example that you can focus on when compiling your document.
At the moment, letters of this kind are being compiled both by hand and by printing them on a printer. Everyone chooses which option to use. The first method is welcome, but you will have to write clearly. And so that the document can be read and interpreted in a single sense. There should not be any ambiguous or doubtful phrases!
If the co-owner is silent
What should I do if a citizen has sent an offer to buy back a share to the second owner, and he is simply silent? As already mentioned, this situation does not entail a ban on the sale of property. Especially if the potential seller has evidence of handing the letter to another owner of the object.
The thing is that property can be put up for sale to third parties a month after the notification of the established form is transmitted to the co-owners. Silence beyond this period allows the seller to enter into a transaction with third parties.
Avoids receipt - what to do?
How to send a sample notice of the sale of shares in the apartment, found out. And what to do if the other owner of the property does not give consent or refuse to buy, too. Sometimes it happens that the co-owner simply avoids receiving the letter mentioned above. How to proceed?
Just wait for the end of the month from the day the letter is delivered. Recently, it is generally accepted in Russia that a notification was handed over if the recipient did not pick up the “package” due to circumstances depending on it.True, in this case, you need to prepare for the judicial debate. It is possible that other homeowners will try to challenge the deal in the judiciary.
Documents for the operation
We reviewed a sample notice of the sale of a share in an apartment. Ways to send this paper to other homeowners also studied. In practice, registered letters with notifications of receipt are most often found.
To arrange the studied paper, it is recommended to prepare:
- USRN statement;
- title documents for the property;
- passport.
It'll be enough. In the presence of such certificates, you can either make a form of your own form on your own, or contact the notary office for help. A housing lawyer will do the same. True, he often has to pay more than a notary public.
Attention: property price
Everyone should study the sample notification of the sale of a share in an apartment, the methods of handing it over and sending it. But there is one point that can cause a lot of trouble when selling property to third parties. What are you talking about?
On the redemption price of part of the apartment. The thing is that when she is appointed, a citizen should think carefully. The law prohibits the sale of property to third parties cheaper than was offered to other owners of the property. Accordingly, you will first have to find out the cadastral value of the property, then - take into account possible tenders and then offer a ransom.
Risks if the document is not delivered
A sample notice of the sale of a share in an apartment was not handed to another owner? As has already been emphasized, such an option can lead to serious negative consequences.
Firstly, the transaction may be deemed invalid. Then it will bring inconvenience not only to the seller, but also to the buyer.
Secondly, you have to start the whole process from the very beginning, and even with the re-offer of redemption of shares by other homeowners.
Thirdly, it will be necessary to return the money for the property to the buyer, and to the person applying to the court - a penalty.
If the purchase and sale transaction was concluded without delivery of the studied notice, within 3 months from the moment when the co-owners learned about the transaction, they can go to court to protect their rights.
Conclusion
It is easy to issue a competent sample of a notice on the sale of an apartment share. It is much more difficult to comply with the rules of sending a document and conducting a transaction with third parties.
The above information is relevant in 2018. If problems arise at any stage, a citizen can turn to a notary or lawyer for help. True, it is better not to sell a share of the property, but the entire object. This is less of a problem.