Refusal of the preemptive right to purchase is one of the opportunities for property owners. Most often immovable. Today we will tell you how to refuse a foreclosure, as well as sell your property without much difficulty. Sometimes co-owners do not want to buy shares, but they are not in a hurry with the mentioned process. What to do under such circumstances? Is there a way out of the situation?
Who has
Who can file a waiver of the preemptive right to purchase a share? Dealing with this issue is easier than it sounds.
The thing is that all co-owners of property under the Civil Code of the Russian Federation have a preemptive right to repurchase. This means that before the property is put up for sale, the owner must offer the transaction to other owners. If they draw up a waiver of the preemptive right to purchase, the continuation of the operation without their participation is allowed.
Features of the Civil Code of the Russian Federation
But here it is worth paying attention to several features. Transactions with shared ownership have some nuances, the violation of which will lead to the cancellation of the sale.
When owners offer to redeem a share under the preemptive right, they must take into account that the conditions should be the same as in the case of concluding an agreement with outsiders.
For example, if the co-owners were offered to buy a room for 400,000 rubles, and put it up after refusal for 300,000, other owners will be able to challenge the deal. Bargaining is permitted, but other owners of the property are not entitled to demand a price reduction. In fact, with proper preparation, the procedure will not cause any trouble.
Process start
The waiver of the preemptive right to purchase begins with the notification of one of the owners of the sale of their property. It’s better to do it like this:
- Write a notification text. It indicates data on the share, as well as the price of the property.
- Send the document to the co-owners of the real estate. It is recommended to use registered letters with delivery notifications for this.
- Wait a month. If citizens have not filed a waiver of the preemptive right to purchase, but the owner-seller has followed the previously mentioned recommendations and he has evidence of notification of the co-owners of their intentions, you can put up the property for sale to third parties.
All this is extremely important in the design of the studied paper. After all, some believe that if they “play silent”, the co-owner will not be able to sell their share. This is actually not the case.
Ways of registration
A waiver of the pre-emptive right to purchase can be issued by various methods. It all depends on the desire of the owners.
Allowed:
- Sending a response by registered mail by mail.
- An appeal to a notary public for paperwork.
It is best to take advantage of the second scenario. It will help to prove the fact that a person has not violated applicable law. Especially if the citizen decided to buy back the share from the seller-co-owner.
Presentation form
As it is not difficult to guess, the waiver of the right to preemptive purchase (a sample of paper will be presented later) has a specific form of presentation. We are talking about the written consent or rejection of the proposed operation.
Ideally, the document is written by hand, but you can print it using a printer. The main thing is to notify the owner-seller of his decision. You can just wait a month and not do extra paperwork. But doing so is not recommended.
An oral agreement has no legal effect.Although you can try to prove the refusal or consent to the redemption of the share using video and audio. These are unnecessary problems without any guarantees.
Content
It is important to correctly file a disclaimer of pre-emptive right to purchase. This document should contain specific information.
Namely:
- the full address of the property that was offered to redeem;
- amount of the proposed transaction;
- characteristics of the share;
- terms of consideration of the offer on redemption;
- method of payment for the transaction, if the owners agree to the process;
- F. I.O. and applicant's passport details.
In addition, at the end of the paper affix the date of registration and signature of the owner-refuser. If a citizen decided to act through a notary public, you will have to wait for the assurance of the waiver of the preemptive right to purchase.
Documents for registration
Consider the procedure for applying to the notary's office. Just come and write a refusal will not work. The thing is that this operation requires a little preparation.
A notary waiver of the preemptive right to purchase requires the following securities:
- passport of a citizen;
- notice of sale of property;
- title documents for real estate.
In addition, you will have to pay for notary services. Typically, the cost of registration of waivers of redemption rights is about 1.5 thousand rubles. More accurate information must be clarified in a particular notary's office.
Structure
What is the correct pattern of rejection of the right to pre-emptive purchase of a stake? It is slightly different from the generally accepted form of statements.
The paper structure will be as follows:
- name;
- place of registration;
- the main part with a description of the object and the will of the owner;
- attachment;
- conclusion.
If desired, you can draw up a document in the same way as any other statement - with a "header". But in practice, this alignment is extremely rare. If you turn to a notary public, the authorized person will tell you how to make a refusal to buy out. Often customers are asked to fill out pre-made forms. This greatly simplifies the process.
Sample
Below we can see a sample disclaimer of pre-emptive right. As already mentioned, the document does not have any features. Its text often fits in 2-3 sentences.
It is also possible, as we have said, to do nothing at all to refuse a stake. If the owner does not react to him after receiving the notification, this will be regarded as an unwillingness to conclude a deal with the co-owner-seller.
Failure Certificate
But that is not all. As a rule, after the owners refuse to buy back the share, the seller has to do something else before putting the property up for sale. Namely - to issue a certificate of refusal by a notary.
To do this, he will have to collect some documents. More precisely, then:
- written refusals of redemption;
- any materials - evidence of the will of the co-owners;
- notifications of sending and receiving notifications.
In exchange for this, the notary will issue a certificate of the established form. It will serve as evidence that the co-owners have expressed a waiver of the preemptive right to purchase (room or other share) in one form or another. Now you can safely search for buyers among third parties. The deal is no longer burdened by anything.
Conclusion
We figured out how to conduct a deal to sell property with several owners. A sample waiver of pre-emptive rights will no longer cause any trouble. In fact, making it easier than it sounds.
Each owner of a share can sell his property, but first he must offer a ransom to the co-owners. If this is not done, then other property owners will be able to quickly challenge the deal in court. Unfortunately, this practice exists in Russia.
If a citizen has sent a notice of sale, and also worried about obtaining relevant evidence, you can freely make purchase and sale transactions with third parties.