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Many transactions in the real estate market are made with the involvement of borrowed capital.

Usually, employees of the creditor bank are involved in drawing up a contract of sale using a mortgage. Meanwhile, all parties to the transaction should carefully read it, without relying on the experience and knowledge of other people.

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Contract structure

Depending on the situation, it may be:

1. Preliminary. It is used when the parties want to confirm the seriousness of their intentions with financial obligations, but for a number of reasons they are not ready to urgently enter into a deal. is not subject to state registration, but it must necessarily indicate the date of conclusion of the main contract and provide for the responsibility of the parties for avoiding the transaction;
2. Main. The condition for its conclusion "follows" from the obligations under the preliminary contract. In addition, the main contract can be concluded without prior agreements.

The main contract of sale includes the following items:

Subject of the contract

• Data to identify the participants in the transaction: full name, passport details, addresses of registration and residence, TIN. If one of the parties is a legal entity, the full and abbreviated names of the organization;
• Information about the documents on the basis of which the seller owns and disposes of the property: a contract of sale, a certificate of payment of a share contribution. The exact name of the document is indicated in the state registration certificate for the property being sold;
• Full description of the subject of the transaction: address, total area, presence or absence of encumbrances and claims from third parties;
• The price at which the property is being sold.

Payment source

• Data on the creditor organization in which the buyer draws up a mortgage loan;
• Loan parameters: amount and term, interest rate;
• Reference to Article 77 of FZ-102 (On Mortgage, Pledge of Real Estate), according to which an apartment or other object becomes a pledge to a creditor;
• Information about the market value of the subject of the transaction. This information is contained in the report on;
• Information on the preparation of a mortgage - a security that confirms an obligation and entitles the bank to claim to receive funds under this obligation.

Settlements between the parties

This clause of the contract determines the settlement procedure between the buyer of real estate and the seller.

Depending on the situation, the parties can settle on the transaction:

• In cash;
• Cashless way;
• With or .

Usually the calculation is carried out in two stages. First, the buyer pays the seller a certain amount of cash as an advance, and then the bank transfers the borrowed funds in the loan amount as a final payment.

The procedure for settlements and amounts within each stage must be prescribed in the contract without fail.

Rights and obligations of the parties

In this paragraph, the buyer and seller designate each of the parties to the transaction:

• Date of actual transfer of the property;
• Conditions under which the parties may demand termination of the contract and the application of penalties.

Validity and other terms of the contract

This section indicates the conditions for the entry into force of the document, as well as other important circumstances for the parties.

The final item is the details of the parties.

At the time of the conclusion of the contract of sale, the buyer must have in the hands of a signed loan agreement, and, if necessary, a lease agreement for a safe deposit box.

The sale and purchase agreement with elements of a mortgage comes into force from the moment of signing by the parties, but, in addition, it must undergo state registration. If the document is drawn up on several sheets, it must be stitched before being sent to the state agency, signing the place of stitching by the signatories.

When registering a transaction and approving the contract, an authorized person of the Office of the Federal Service for Registration, Cadastre and Cartography makes a special note on the reverse side of the document that an encumbrance has been imposed on the property - by virtue of the law.

What should be included in the contract?

Transactions in the real estate market are whole chains. The emergence of problems in one of the links can lead to a break in others.

For this reason, the following points should be provided in the contract for the purchase of real estate with elements of a mortgage:

• The order of calculations. It is important to indicate the exact amounts, taking into account at what stage the final settlement between the buyer and the seller will take place.
  Banks offer many mortgage programs. For some of them, the issuance of funds is carried out on the day of signing the sale and purchase agreement, for others - after the provision of a registered agreement from Rosreestr. In addition, the parties can settle through a letter of credit or safe deposit boxes. The latter scheme is considered one of the safest, but it also has its own characteristics.
  One way or another, the seller must have accurate information about when he will receive the full amount of money for the property being sold.
• Additional expenses. The tariffs of some credit institutions provide for commissions for withdrawing or transferring funds. The parties should agree in advance not only on the procedure for settlements, but also on who and to what extent will bear additional costs.
• Real estate transfer time. It usually takes a few days for the seller to vacate the house or apartment being sold. To ensure that the process of moving is not delayed, the date of transfer of real estate should be discussed in advance and indicated in the document. If at the time of the transaction there are registered persons in the apartment, it is necessary to indicate the date by which citizens must deregister and vacate the premises.

Are all clauses of the contract important?

Real estate transactions are very serious and only go smoothly if the parties to the contract unquestioningly comply with all its clauses. To exclude any terms from the contract means to put one of the parties to the transaction at risk.

Despite the fact that the form of the mortgage sale and purchase agreement was developed by the lawyers of the credit institution, it is important to study all its conditions before signing the document.

The preliminary sale and purchase agreement cannot be registered with Rosreestr, in contrast to the main contract of sale. The preliminary contract does not certify the transaction, but only indicates the intentions of the parties, and also determines in advance the procedure for payments and other procedures necessary as part of the transfer of ownership.

But, despite the lack of certification of the transaction, the preliminary agreement has full legal force: for example, if, according to this document, after the transfer of the down payment, the seller is obliged to re-register the rights to the buyer, and he does not actually do this, the buyer has every right to go to court. The courts will be on the side of the buyer.

A preliminary sale and purchase agreement is actually needed to ensure maximum security for all parties to the transaction, but not to actually fix the transfer of property rights.

What is a preliminary contract for?

With the exception of the smallest banks that literally compete for every client, almost all banking organizations require that a preliminary sale and purchase agreement be provided when buying a second home, and this must be done even before the start of financial transactions. For operations with primary housing, a preliminary contract is not needed.

The preliminary contract performs many functions.

1. It fixes the obligations of the parties, thanks to which all parties to the transaction - the bank, the buyer and the seller - feel safe, because in which case you can reasonably go to court.
2. The process of consideration by the bank of documents - technical passports, extracts from the USRN and other papers - takes quite a long time. While the bank is reviewing the documents, the seller can theoretically find another buyer, which means that there is a risk of a failed transaction. The concluded contract of sale certifies the serious intentions of both the seller and the buyer.
3. The presence of such a document greatly simplifies the procedure for reissuing rights as a whole. Indeed, often the main contract of sale, with the exception of some points, almost completely duplicates the preliminary one.

For the preliminary agreement, the lawyers of the creditor bank put forward clear requirements:

• The document must be in writing; must be signed by the buyer and all property owners.
• It must be indicated on what basis the property belongs to the seller, as well as what document confirms this.
• Vague wording is not allowed, when the same text can be interpreted differently.
• The contract must contain the present date of drafting. If it turns out later that the actual date and the one specified in the contract differ, this may give rise to litigation.

It must be concluded by two parties - the buyer and the seller. It is allowed to involve lawyers: they can draw up a document completely on their own, taking into account the specifics of this particular transaction. Moreover, at the request of the parties, the document can be certified by a notary. Although this will result in additional costs, in this way the buyer and seller can reduce their risks to almost zero.

After the bank has issued a notice of pre-approval of the loan to the borrower, he begins to search for a seller. Once the seller has been found, he must provide as much technical documentation as possible about his apartment. It is at this stage that an agreement is drawn up: the data obtained are entered into a preliminary sale and purchase agreement, then this document, along with the rest of the seller's papers, is sent to the bank for consideration.

What does he look like?

In addition to the above requirements for the document, the agreement must also comply with other requirements put forward by the regulations of the creditor bank:

1. At the beginning of the document, the passport details of the buyer and seller are indicated, as well as the presence / absence of children and marital ties, including former ones.
2. Further - the technical characteristics of the object of the contract: the address of the house, its area, the degree of wear of the house, the presence / absence of electric, gas and water supply, what the floors of the house are made of, what year the building in which the housing is located, and so on. Specifications are taken based on data from the Bureau of Technical Inventory (BTI). In the same section, the market value of housing declared by the seller is indicated.
3. A section indicating on what basis the seller received the property, as well as with what document the seller certifies the existence of rights to the property.
4. A section entirely devoted to the financial side of the operation. It is indicated from which funds the buyer pays for the acquired property, as well as the procedure and terms of settlements. Most often, under an agreement using a mortgage, the payment to the seller is divided into two tranches: the first from the borrower's own funds (down payment), the second from the creditor bank.
5. All rights and obligations of the parties to the transaction are prescribed. It also indicates during what period and on what grounds it is possible to terminate the contract unilaterally.
6. The same chapter specifies within what period and after what event the rights to real estate must be re-registered to the buyer; additionally, it is necessary to register the methods of transferring rights (personal appeal to Rosreestr, appeal to the MFC of a third party by proxy, etc.).
7. The term of the contract (as a rule, it is concluded for exactly one calendar year), as well as other features of this particular transaction, if any.

The buyer needs to pay special attention to the section that determines on what basis and how the seller confirms his rights to the property. Due to the fact that not all sellers are completely honest with buyers, and also in connection with the “flourishing” of fraudulent activities in the real estate market, any suspicious absence of this section or its incomplete nature should alert the buyer.

If the title document is an extract from the USRN, it is advisable for the buyer to go to Rosreestr on their own and get this document there - anyone can do this. Thanks to this, the buyer can check whether the documents provided by the seller are forged.

In turn, the seller must carefully study the section that regulates the terms and procedure for settlements. If you sign a document without reading it, it nevertheless acquires legal force; in other words, if the contract, for example, indicates an inconvenient cash transfer for the seller within three months from the date of conclusion of the contract, it will be practically impossible to challenge this clause later.

The seller must fully satisfy the conditions specified in this paragraph, even before signing the document.

When is the main PrEP concluded?

As soon as the preliminary sale and purchase agreement has been signed, it, along with other documents, is sent to the bank for consideration. After 5-10 business days, the bank issues a decision on the approval or disapproval of the issuance of a mortgage. If a positive decision was issued, the mortgage agreement is signed first, and then the main sales agreement.

The document has the following requirements:

1. It must be in writing; the contract must contain the signatures of the homeowners, the buyer and authorized employees of the bank.
2. The document must indicate the actual date of its signing.
3. It should contain information in which locality the transaction with the participation of the bank takes place.
4. The entire form of the contract must comply with the regulations of the creditor bank. In some cases, in case of non-compliance with the regulations, the bank either offers assistance from in-house lawyers, or completely suspends the transaction.

This time, three parties are involved in drawing up and signing the contract - the buyer, the seller and the creditor bank. In this regard, the volume and legal complexity of the contract increases many times, therefore the drafter of the document is recommended to seek the help of professional lawyers- this will reduce the likelihood of a failed transaction, increase the financial security of the parties, and also allow in the future to register this document without any problems in Rosreestr.

What does such a document look like?

There are no significant differences from the preliminary sale and purchase agreement, with the exception of the presence in the transaction of the creditor bank:

1. Passport data of the buyer and seller, the presence / absence of children and marital ties, including former ones. Details of the bank that issued the loan.
2. The technical characteristics of the mortgage object, the market value of housing declared by the seller and the final estimated value of housing are prescribed (real estate valuation is mandatory within the framework of mortgage lending).
3. On what basis the seller received the rights to the property, as well as the transfer of title documents he has.
4. From what funds the acquired property is paid, as well as the procedure, terms and features of calculations.
5. The rights and obligations of the parties to the transaction, including the obligations of the bank.
6. How and within what period of time the rights to real estate should be re-registered to the buyer. It is indicated that after the purchase of housing, the property is registered as a pledge to the creditor bank.
7. The term of the contract, as well as other features of this particular transaction, if any.

Since the main contract of sale is one step before the final registration of the transaction, the buyer needs to pay special attention to the procedure for reissuing rights. It should be clearly and clearly stated within what time frame, in which institution the transaction will be registered.

The seller needs to pay attention to the section "Rights and obligations of the parties": it should contain a mention of the bank's obligation to transfer a predetermined amount for real estate to the account specified in the contract. The terms and procedure for the transfer of funds should be clearly regulated:

• through a bank account;
• letter of credit account;
• transfer to a bank account.

Do I need to register, how to do it?

It is not necessary to register a preliminary contract of sale.

1. Rosreestr simply will not accept it as confirmation of the fact of the transaction, since this function is performed by the main contract of sale.
2. It is needed for the most part only for the financial security of all parties to the transaction. The main contract of sale will need to be registered, since it is on its basis that the rights to real estate are transferred from the seller to the buyer.

The seller and the buyer, as well as other homeowners, if any, and an authorized employee of the bank (in special cases) must personally appear at the MFC or the territorial body of Rosreestr. The seller of real estate writes an application for the transfer of rights on the prescribed form issued by government officials.

In turn, the buyer writes an application for registration of a new right. After that, the parties to the transaction are given the details to which they must transfer funds to the account of the state duty.

A check, payment order or receipt must be attached to the general list of documents; otherwise, the transaction will not be registered.

In addition to the receipt of payment of the state duty, the seller will need to provide the registration authorities with the following documents:

1. The document on the basis of which the seller received the rights to real estate (title document).
2. Contract of sale of an apartment.
3. The original and a copy of the internal passport of the Russian Federation of the seller and the buyer.
4. Application for state registration - is filled out either at the MFC or at the Rosreestr authorities, depending on the method of submitting documents chosen by the borrower.
5. Optional, but in some cases required documents:
   • real estate cadastral passport;
   • spouse's consent to the sale of property (if the housing was purchased at the time of the current marriage, but it is registered only for one spouse);
   • the consent of the guardianship and guardianship authorities, if one of the owners of the property is a minor or incapacitated person.

All these documents are submitted for consideration to Rosreestr. The seller is issued a receipt for the acceptance of documents for state registration - it must be carefully read so that absolutely all the submitted documents are indicated in the receipt. Within 5-7 business days, the transaction is registered and the rights are re-registered to the buyer; as soon as the act of acceptance and transfer is signed, the procedure for transferring rights is completed.

Expenses

The main expenses are not associated with the drafting of the contract as such, but with its registration and other indirect procedures. The total costs will be:

1. Collection of documents from the seller and the buyer. Some documents are issued only after payment of the fee - for example, an extract from the USRN costs 200 rubles as of 2018.
2. If neither the seller nor the buyer has sufficient competence to draw up the preliminary and main sales contracts on their own, you will have to seek the help of lawyers. Depending on the policy of the chosen law firm and the solvency of the region, the cost of services (for both contracts) can vary from 8,000 rubles in Krasnodar to 40,000 rubles in Moscow.
3. Expenses for methods of transferring funds (in the case of mortgage lending - transferring the down payment). If this is a transfer from another bank to the seller's account, a 1-2% commission is charged; if a safe deposit box is rented, the costs will average 400 rubles a day; a letter of credit account for the entire period of use will cost 10,000-20,000 rubles.
4. State duty for registration of rights - a total of 1000 rubles for individuals.
5. If both parties wish to notarize any of the contracts, one registration with a notary will cost from 5,000 to 15,000 rubles, depending on the value of the object and the region.

Drawing up a preliminary sale and purchase agreement is a necessity, not only for the bank, but also for the seller-buyer. After all, it is the preliminary agreement that fixes the obligations of the parties, allows the buyer to transfer the down payment without fear, and the seller to wait two or three weeks until the bank finally considers his documents.

For this reason, the preparation of a preliminary contract of sale must be taken as seriously as possible; especially since this document will then become the basis for the main contract of sale. Thus, the success of the entire process of buying and selling real estate essentially depends on this stage.

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The procedure and conditions for concluding a contract for the sale of an apartment in a mortgage are regulated by Federal Law No. 102-FZ of July 16, 1998 " » . The same law regulates the rights and obligations of the parties under the contract. In addition, the conditions for concluding a contract for the sale of real estate are set out in.

Features of compiling a document

Features of the contract

A mortgage agreement is concluded in a mandatory written form and is subject to state registration.

Important! Failure to comply with the rules on mandatory state registration of the contract entails its invalidity. Such an agreement is considered null and void.

The contract is considered concluded from the moment of its state registration -.

The rules stipulated for payment for goods purchased on credit are applied to the mortgage agreement, namely, the payment of interest by the buyer in case of violation of his obligations to pay for the goods. The calculation of interest is carried out according to the rules that provide for liability for non-fulfillment of a monetary obligation.

For violation by the buyer of the terms of payment of obligations, the seller may demand full repayment of the amount of the loan in installments -.

4.1.3. On the day of receipt of funds from the BUYER, according to submit documents confirming the receipt of the specified funds from the BUYER.

(The obligations of the SELLER specified in paragraphs and can be changed based on the practice established in the region regarding the timing of the transfer of the apartment and the provision of documents confirming payment).

4.2. The SELLER has the right:

4.2.1. Demand termination of this Agreement in case of non-receipt of the funds specified in, - within _______ days [Maximum period - 15 (Fifteen) days], counting from the date of signing this Agreement;

4.2.2. Keep the APARTMENT being sold from being transferred to the BUYER until its full payment.

4.3. The BUYER undertakes:

4.3.1. Pay for the purchased APARTMENT at the price specified in , in accordance with the conditions described in section 3 of this Agreement.

4.3.2. Accept from the SELLER the acquired APARTMENT in possession after its actual receipt.

5. Duration of the contract and other conditions.

5.1. This Agreement shall enter into force (considered concluded) from the date of its state registration (in accordance with, the parties understand.

5.5. The risk of accidental loss or accidental damage to the subject of mortgage after the transfer of the APARTMENT to the BUYER shall be borne by the BUYER.

5.6. BUYER (m.b. SELLER, or in shares with SELLER) pays all costs associated with the state registration of this Agreement, the state registration of the transfer of ownership of the APARTMENT to the BUYER with encumbrance of the APARTMENT with a mortgage by virtue of the law and the issuance of a mortgage to the CREDITOR.

5.7. In case of partial fulfillment of the obligation secured by the mortgage, the mortgage on the APARTMENT by virtue of the law is retained in its original amount until the BUYER fully fulfills its obligations arising from the Loan Agreement and from the Purpose-built Housing Loan Agreement.

5.8. The parties to this Agreement confirm that they are not deprived of legal capacity, are not under guardianship and guardianship, do not suffer from diseases that prevent them from understanding the essence of the Agreement, and there are no circumstances forcing them to conclude the Agreement on extremely unfavorable conditions for themselves.

5.9. The SELLER hereby notifies the BUYER that as of the date of signing this Agreement in the APARTMENT:

a) the following persons reside and are registered at the place of residence: ___________________________

Gr. _____________________________,

Which will be deregistered and vacate the APARTMENT within ___ days from the date of _________________

(If no one is registered in the Apartment and / or has no intention to live, then only this information is indicated in this paragraph. If someone lives and must vacate the apartment, then the period is indicated when the Apartment must be vacated with the consequences of not fulfilling this requirement ).

5.10. In all other respects that are not expressly provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.

5.11. This Agreement is drawn up and signed in ____ copies of equal legal force, one - for the body that registers the rights to real estate and transactions with it, and one copy for each of the parties.

An agreement on the mortgage of an apartment is a tripartite agreement that contains provisions on the subject of the mortgage, the rights and obligations of the parties, as well as the procedure and terms for the calculation. The document is compiled in a simple writing and does not require notarization.

The agreement must necessarily indicate that the apartment is purchased at the expense of mortgage funds received from the bank. You can draw up a contract of sale (DKP) of an apartment, as well as bank-established pattern.

To obtain a loan, the bank must submit for verification. You can sell an apartment that is in a mortgage only after getting approval from the bank.

Features of the contract for the sale of real estate on a mortgage

The procedure, conditions, as well as the obligations of the parties under the contract for the sale of an apartment in a mortgage are regulated by Federal Law No. 102 of July 16, 1998 (hereinafter FZ No. 102). The conditions for concluding a DCT on real estate are established by Chapter 30 of the Civil Code of the Russian Federation.

When concluding a DKP apartment in a mortgage, the following features must be taken into account:

• there are two contracts- a loan agreement with a bank and which contains a mortgage condition;
• based loan agreement the bank transfers money, under the sale and purchase agreement, the ownership right is registered in Rosreestr;
• in the DKP will condition on the encumbrance of the apartment- mortgage by virtue of law (Article 1 of the Federal Law No. 102).

The agreement is tripartite:

1. Salesman who owns the apartment.
2. Buyer, which is also at the same time the mortgagor of the acquired housing.
3. Bank who undertakes to provide credit funds to pay for the property and who receives it as collateral, after registering the buyer's ownership.

Sample contract for the purchase and sale of an apartment in a mortgage

DCT of an apartment in a mortgage is drawn up in a simple written form. If the apartment was owned in whole or in part by minors, or if it had several owners, the parties must have the document certified by a notary. In all other cases, it is not necessary to contact a notary.

The sale and purchase agreement must contain the following items:

• Information about the participants in the transaction- passport details of the participants in the transaction, as well as information about the creditor;
• Description of the dwelling(area, address, floor, number of rooms);
• Rights and obligations of the parties;
• Price and calculation procedure;
• Method and timing apartment transfer.

Preliminary contract for the sale of an apartment on a mortgage

Other banks such as Gazprombank And Rosselkhozbank, do not put forward strict requirements for the sale and purchase agreement - the parties can independently agree on who will draw up the document or pay for its execution services.

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Sample contract for the purchase and sale of an apartment in a mortgage

First of all, the contract indicates the name of the settlement where the transaction is concluded. After that, the date of issue of the document is recorded.

• Information about the parties to the transaction. Data about the seller and the buyer are entered: full name, passport data, place of registration, marital status. If residential real estate is sold by proxy, the financial institution will most likely not issue a loan. In this case, try to find another object of sale;

• Information about the object of sale. This item contains information on real estate, namely: address, number of floors in the house, floor on which housing is located, total area, purpose of real estate (residential or non-residential fund), price of the object (in numbers and in words). The same paragraph clarifies the purpose of the treaty. – buying an apartment with a mortgage. The seller will need a guarantee that he did not sell the housing to other people, the apartment is not pledged and not donated. The absence of encumbrances is also necessarily emphasized. Papers are listed that confirm the seller's ownership of this housing (purchase and sale agreement, gift, court order);

• Settlement methods. This paragraph describes the points related to finances, for example, what is the size of the deposit (advance), the amount of own funds, the amount received from the bank as a loan. The following is the form of payment. It can be cash or non-cash payment, as well as payment through a bank cell. The entire amount for the object of sale will be transferred to the seller only after the state. registration of the contract. When the buyer has transferred the entire agreed amount, the seller writes a receipt in which he indicates how much he received;

• What are the rights and obligations of the parties to the transaction? Obligations of the buyer: to transfer the object of the transaction to the second party in the same form that was at the time of the transfer of the deposit or advance, not to lease the object or free use to third parties. Obligations of the buyer: to pay for the object of sale the entire amount agreed upon at the conclusion of the transaction. At the last stage of the transaction, the parties sign the "Deed of transfer". At this time, the buyer receives the keys to the apartment and receipts indicating that there are no housing debts;

• Contract time. The document comes into force after the state. registration. Its validity period is until the parties to the transaction fulfill their obligations.

The parties to the transaction must confirm that they are capable, do not have guardians, trustees. You also need to prove that they do not have diseases that prevent understanding the meaning of the agreement, which is why they are forced to conclude a deal on terms that are not beneficial to them.

Since the apartment was purchased with a mortgage, after the new owner receives it from the previous owner, he assumes responsibility for the safety of the housing.

Features of the contract

A mortgage agreement cannot be concluded orally. Moreover, it must be registered with the state body.

Attention! If the agreement has not been registered, it is declared invalid (clause 1, article 10 of the Mortgage Law).According to paragraph 2 of Art. 10 of the Law "On Mortgage", the contract is recognized as concluded only after its state. registration.

The rules that are provided for paying for goods purchased on credit (Article 488 of the Civil Code of the Russian Federation) also apply to a mortgage agreement. We are talking about the payment of interest by the buyer if he violated the obligation to pay for the goods on time. Article 395 of the Civil Code of the Russian Federation provides for the rules for calculating interest, which are accrued in the event of non-fulfillment of a monetary obligation.

If the home buyer, who is also a bank borrower, does not comply with the terms of payment for the goods, the seller has the right to require him to repay the amount taken on credit immediately and in full (Article 811 of the Civil Code of the Russian Federation).

If housing is purchased entirely for credit funds, or if real estate is paid for with a part of credit funds received from a bank, credit institution, or a loan received from another legal entity. persons, it becomes the object of pledge from the moment of registration of the contract in the state. body (clause 1, article 77 of the Mortgage Law).

If the acquired real estate was mortgaged under a mortgage agreement, the bank's foreclosure on this apartment and its sale are grounds for terminating the right to use the housing of the owner or other citizens living in the apartment.

Deal stages

The transaction for the sale of real estate on a mortgage is carried out in accordance with the approved state. regulations (Law "On Mortgage").

Although the purchase procedure requires more actions from the buyer, the seller should also familiarize himself with some of its features, as well as the procedure for processing the transaction.

Important! A step-by-step action plan when concluding a deal:

• Preparation of documentation for signing the agreement. In each case, there may be a different list of documents. Usually the list of required documents is provided by a financial institution;
• Signing of the preliminary contract. The seller needs such an agreement more, as this is a certain guarantee that in the future the buyer will not refuse to conclude the transaction;
• Drawing up the main contract, its signing;
• Transfer of documentation for registration at the MFC or Rosreestr. Electronic registration of the transaction is carried out only in Sberbank;
• Transfer of funds to the seller. When it comes to buying a mortgage, the procedure has certain nuances. The organization that provided the loan will transfer these funds to the seller's account. In some cases, a letter of credit is opened or other payment methods are used.

The algorithm of actions presented above is used almost always. But do not forget that before the buyer needs to resolve the issue with the bank to provide a loan. The first thing a buyer needs to do is submit an application to the bank.

When concluding a transaction, the seller, like the buyer, bears some costs:

• costs associated with obtaining certificates and extracts;
• payment for the services of a qualified lawyer who draws up the agreement. The costs are shared in half with the buyer.

The state duty and commission charged when transferring funds to the seller's account is paid by the buyer.

Documents for registration

Important! To conclude a purchase and sale transaction on a mortgage, the seller submits the following documentation to the bank:

• passports of citizens who are the owners of this residential facility, even if they do not live there;
• cadastral passport of the object of sale. Banks require that the passport be issued no later than 5 years before this transaction. That is, if the passport is received much earlier, it is better to renew it. The cost of this service at the BTI is approximately from 1 to 2 thousand rubles;
• registration certificate. The terms of the document are the same as those of the cadastral passport, if it needs to be updated. You can get the document at the BTI;
• permission to redevelop housing. When a redevelopment is made in an apartment, a special permit is taken for it. If there is no such permission, and changes in the plan of the apartment have occurred, it is necessary to legalize them. Since the plan of the apartment changes after the repair, the cadastral passport will also need to be updated;
• extract from the unified register. This extract was replaced by a certificate of registration of ownership, it has not been issued since 2016. To get an extract, you can contact the Rosreestr or the MFC. The expiry date is 5 days. Therefore, you need to order it immediately before applying with a package of documents to the bank. By the way, upon receipt of an extract, you will have to pay a state duty in the amount of 200 rubles;
• Title papers. We are talking about the documents on the basis of which the seller received the right to own the object. It can be: a contract of sale, a document on privatization, a will, a deed of gift, etc.;
• appraisal of the value of a real estate object. This is usually done by the buyer. That is, he not only orders the service, but also pays for it. In the event that the seller offers a completely different value, he himself orders this assessment. Without this paper, the package of documents will be incomplete, and the bank will not accept it, since it must know the market value of the object that is taken as collateral;
• certificate of the number of family members of the seller. It specifies who lives in this apartment. So you can check if citizens who are considered missing, persons in places of deprivation of liberty, etc. are registered in the apartment. That is, these are the citizens who, upon their return, can protest the deal.

Preparing documentation requires patience and endurance. In addition, carefully study the papers that you receive from various organizations, since no one is immune from mistakes.

ATTENTION! View the completed sample consent of the spouse to sell the apartment:

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Why do banks need so many documents from a home seller?

This need is due to the fact that they want to protect themselves from an unclean transaction. By the way, such documentation will be needed when concluding a sale and purchase transaction and without the participation of credit money. So such a procedure cannot be avoided.

In addition to the securities mentioned above, the bank may request:

• permission from the guardianship and guardianship authorities to sell the apartment. This is required in the event that minor children or incapable persons are registered in the apartment;
• a court decision on the recognition of a citizen who is one of the owners of housing as missing;
• permission from neighbors. It will be required in the case when it comes to a communal apartment or housing in an MZhK. The fact is that neighbors in communal housing have a priority right to buy out housing located in the neighborhood;
• a certificate from a notary, which confirms that the deceased owner had no other heirs. Such paper is necessary when selling an apartment received by inheritance (the sale is carried out in a period when not even a year has passed since the death of the owner);
• consent of the spouse to the sale. Consent will be required if the seller's spouse is not one of the homeowners.

Among other things, it is advisable for the buyer to familiarize himself with a certificate confirming the absence of rent debts (issued by utilities). Although these certificates are not required to present to the bank or to sign the agreement.

Watch the video. How to get a mortgage for an apartment and not regret it?

The procedure for concluding a PrEP

In most cases, when buying real estate, a preliminary agreement is drawn up between the seller and the buyer.

In addition, it is better to take an advance or a deposit. Thus, you will protect yourself from the fact that the buyer suddenly changes his mind, and you have already spent so much time collecting documentation.

It has already been mentioned above what information is entered into this document (information about the participants in the transaction, the object of sale, etc.). But its main purpose is to clarify the obligations of the parties to the transaction. Namely: the seller - to sell, the buyer - to buy the object within the specified period.

If the parties go wrong and they decide to terminate the preliminary contract on the basis of a common decision, no legal consequences should be expected.

This document is not subject to registration, as it is important only for the participants in the transaction.

The issue of the size of the deposit, the seller and the buyer decide independently.

Usually the amount offered is from 100 to 200 thousand rubles.

Attention! When a deposit agreement is concluded, both parties have certain obligations:

• The seller, having accepted the deposit, has no right to sell the object to another person. If this happens, the deposit is returned in double size;
• The buyer, having paid the deposit, is obliged to buy this property. In case of refusal, the deposit is not returned.

It turns out that the deposit is useful to both parties. It seems to restrain the “reeling” of the participants in the transaction to the sides. If the deposit is paid, the transaction is concluded many times faster.

Sometimes, in the event of unforeseen circumstances, the parties may agree to terminate the deposit agreement and return the money to the buyer. The reason for this, for example, may be the bank's refusal to provide a mortgage.

Therefore, before making a deal, weigh all the pros and cons. It is better to deal with a buyer who has bank approval for a loan.

ATTENTION! View the completed sample of the preliminary contract for the sale of an apartment:

When conducting mortgage transactions, banks offer to use several proven schemes. Which scheme will be chosen by specific clients depends on many circumstances. One thing is important - the decision is made before the conclusion of the preliminary contract. The order of the transaction as a whole depends on the method of calculation.

Attention! The main options for making settlements in mortgage transactions:

• Transfer of money by bank transfer. This is a simple and quite understandable scheme. When the buyer has issued a mortgage, the money is not issued to him. Also money (cash) is not transferred to the seller. As soon as the state registration of the agreement, the participants go to the bank with an extract from Rosreestr. Having received the proof of registration of the transaction, the bank transfers the money to the seller's account;
• Transfer of money to a letter of credit. In this case, the buyer does not need to come to the bank. The money is in the special account, and the seller will be able to receive them only upon fulfillment of certain conditions (for example, state registration of the transaction, submission of an extract from Rosreestr, etc.);
• Rent of a bank cell. The bank issues cash to the buyer, and he, in turn, immediately places it in a rented safe deposit box. The seller takes this money after he submits an extract from Rosreestr and a signed KP agreement.

The rent of the cell, the opening of an account under a letter of credit is paid by the buyer.

These funds are not withdrawn from the loan amount, but the agreement between the bank and the client indicates the time period for paying for these services.

If the seller collects the money later than the scheduled date, he will have to pay for additional days of renting the cell on his own.

Registration of ownership

The execution of the transaction ends with the appeal of the participants to the state registration authorities. You can contact the Multifunctional Center. So the procedure will end much faster. Electronic registration is currently available only in Sberbank of Russia.

In the latter case, the client submits documents to the bank and receives money for the sold property.

Please note! If you apply to the MFC, you need to prepare the following documents:

• photocopies of the passports of the parties (seller and buyer);
• housing documents (copies);
• the consent of the spouse (spouse) to sell the apartment;
• permission obtained from the guardianship and guardianship authorities;
• a receipt certifying the payment of the state duty in the amount of 2 thousand rubles. The buyer makes the payment.

The transaction registration stage at the MFC lasts 7 working days.

When transferring documents, clients receive a receipt with a list of accepted documentation. If during the registration process it turns out that something is missing, customers will be informed of the need to bring these papers.

Documentation will not be accepted only if clients do not present passports. By the way, the fact that the documents have been accepted does not mean that the deal will be registered.

Usually there are no problems with registration, although you should not rush into the calculation. Wait until you receive documents confirming the transfer of ownership of the acquired property.