Physical exemption of the apartment How to register in the contract. Liberation of the apartment. Transfer of an apartment under a sale contract

Physical liberation of the apartment. Trifle or important part of the sale and sale transaction?

Many people selling or buying an apartment are not suspected that the transfer of an apartment after a transaction from the seller to the buyer or physical liberation, one of the important stages of the transaction. The majority of people do not give it great importance. And hope for anything that everything goes by itself. Often, realtor work ends on issuing a certificate of registration in the registration chamber. And then - where the curve will bring out.
Recently, my colleague of light spent a difficult deal. She represented the interests of the buyer, very restless and stupid. On the long-awaited deal, the buyer after bookmarking money into the cell and signing the contract of sale began to ask the keys to the apartment, arguing this necessity to make repairs. The apartment was in poor condition. You can humanly understand his desire to enter the clean, renovated apartment. Lights in every way discarded him to take the key to the counterparty (the agent representing the seller's side). But the counterparty gave the key, wanting to quickly complete the relationship on the transaction. Documents went to register. The act of acceptance and transmission was signed. I note that in this case, the entire responsibility for the content of the apartment in the proper order carries the buyer. The buyer began repairing and suddenly discovered that all wiring in the apartment burned down. He immediately called the agent, demanding a meeting with sellers and troubleshooting wiring for their account.
But sellers were not a timid. I think they knew about wiring faults. They flatly refused to pay her replacement. Light tried to explain to the buyer that he himself is to blame for the current situation, because She discouraged him to take the key from the apartment. Sellers said that the buyer actually accepted the apartment, took the key, signed an act.
The result of all this cattle was that the light had to pay from his commission money on this transaction to replace the posting. Here is such a sad story in which everything was right except the agent. The buyer was lucky that his interests represented the agency, there was someone to make complaints, not very well-deserved.
In the history of my transactions, there was a case when after transferring an apartment to my buyer, a week later a crane in the riser of this apartment. The woman bought it for surrendering. The whole entrance was sitting without water, because All poured with water. The purchased apartment was temporarily empty and she did not have time to go to the hob, reorganize the documents on his name. Her with difficulty found workers of Dhaz. A frightened buyer immediately called me and asked what she was doing now in such a situation. She was very afraid of claims from the neighbors, but everything went well. She was not confused by waterproof the neighbors, everything went without consequences.
In the first in his life, I had to disassemble the suspended ceiling in the kitchen when transferring an apartment, pulling the wire promised by the buyer (it was not visible in the ceiling hole), the owners of the apartment only used lateral light. I persuaded the buyer to cause an electrician for this type of work, but he flatly refused. I remember my satisfaction with the result: the wire was until the floor. I had to borrow a staircase from the neighbors to get it. It was very comic to see himself as an electrician.

Not all adventures end fun. Sometimes people carry not small losses if they belong to this stage of the transaction is frivolous.
Did you get into any stories when transferring an apartment? I think this topic is inexhaustible. Be careful at every step by the transaction, it will allow you to avoid trouble.

What are the civilized methods (to the court to file) - demanding compression ??? Post has been editedVirtvas: 08/13/2009 - 22:55 Yes, call the militia, break the doors, not in the stone century, we will create the doors and their problems, we will sit and watch each other. Who will translate whom. Quote (Virtvas @ August 13, 2009, 23:56) Balawing the doors we will create and their problems, we will sit and watch each other. Who will translate whom. Through it looks, in his cut and business things)))))))) Quote (Virtvas @ August 13, 2009, 22:56) We will create both problems and their problems, we will sit on each other. Who will translate whom. War of views 🙂 Inlectication ... for a squastard and on the trash ...

The seller does not exempt the apartment

However, the buyer can protect himself, insulating that in the contract it was an indication of the extreme date of the exit of the former owner. It is important to remember that the owner must free the apartment not only physically, that is, by clearing it from his things, but also legally - withdrawing from registration self and other living citizens. Tags: Copyright © 2007 - 2018 All rights reserved. Using materials reference to the site is obligatory.

Non-market seller from sold apartment

Important

You can count on:

• compensation for all expenses incurred in connection with the need to ensure itself with other housing;
• payment of utility payments until the day of the apartment is released by the seller;
• penalty for the use of other people's money;
• compensation of moral damage.

Ask your question with a lawyer! Some other answered questions from the section "Purchase and sale of real estate": Sale of an apartment with the participation of a minor person My property is ½ part of a two-bedroom apartment. Even ½ belongs to my minor brother. Can we sell it now? Refusal of the right to prevail the purchase of housing in the husband in Moscow there are 3/4 apartments for more than three years.

Attention

We want this share of it to sell and, according to the law, they suggested to buy it out by another owner ... Allocation of a share in kind and payment of compensation to co-owners.

Liberation of the apartment after sale: features and timing

What to do? We sold our apartment and bought another (primary). The developers promised the keys within a month, but so far they are not, we must free the apartment, but how can you release when there are no keys from a new apartment? The share ownership of the apartment - a share can be passed, you can sell my husband after the death of the father was inherited by 2/3 apartments.
His niece received 1/3. How can I pass or sell an apartment? The niece of nothing to hear about the sale does not want ... Apartment as an individual property of one of the spouses my son is currently arriving in a legitimate marriage.
My husband and I want to make him a birthday present in the form of a 3-bedroom apartment. But we would not like, in the case of a possible divorce, the daughter-in-law had the right to qualify for residential space ...
How to save on pay taxes when selling apartments? Four years ago, an apartment was purchased for 2 million rubles.

Liberation apartment after sale

Another important question is from what moment the time to consider this time: from the date of the conclusion of the contract of sale, payment of money or state registration? In the norms of the legislation of the Russian Federation, there is no direct indication of this, respectively, it is not only determined, but also calculated on its own. And in case of judicial treatment, will be appreciated by the court.

The conclusion of the contract of sale of the apartment does not indicate that she moved into your property. Article 223 of the Civil Code of the Russian Federation clearly prescribes that the buyer's right to property in transactions in need of state registration arises from its moment.

Accordingly, after registration, you will have all the rights to the apartment, including the enshrined art. 30 LCD RF. Your right to evict the seller's eviction is also arisible, and he has a duty to free apartments and withdraw from registration.

If the seller does not exempt the apartment - what to do?

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The seller of the apartment does not go out in the agreed period

Also, the law states that evasion of one of the parties from the signing of a property on the transfer of real estate under the conditions provided for by the contract is considered to be a refusal of a seller from executing the obligation to transfer property, and the buyer is the duties to take property. In this case, a lawsuit is already submitted to the court demanding to oblige the seller to transfer the apartment to the buyer.
03H is, in fact, the Civil Code is issued a question about the timing of the existence of the participants of the transaction, which is prescribed by its separate item in the contract of sale. In the professional community, it was adopted that by default, these deadlines do not exceed twenty-one working days from the moment of state registration of the ownership of the buyer and paying them the full cost of the apartment.
And it means that only the court order can stop this right (a claim for withdrawal from someone else's ownership, for example). The legislation of the Russian Federation entered the authority to solve such issues only court instances, not even a police (precinct).
And they know about it ... Thank you, Elenaberg. Those. We summarize: 1 In the laid release day, we arrive, if you refuse, we call the precinct, we make a certain act (so that the fact of the unseason itself is fixed). 2. Compose a statement of claim to the court on compulsory statement-eviction, we attribute to the district court and are waiting for the solution.
3. Do not lie the door, I do not throw anyone for a squastrian in order to avoid your own problems - after what time (approximately) the court decision will be made and what compensation can be required? Post has been editedVirtvas: 08/14/2009 - 15:03 Require compensation for meal at the hotel ... for the period .. until they evicted to eat familiar ..

The seller does not exempt the apartment on time

However, at the same time, the buyer is not advantageous to wait for such a long time, since, for example, in the case of the purchase of a mortgage, payments begin from the moment of issuing a loan, but the apartment is really released by the seller not immediately, perhaps it makes time spend time and money for a temporary housing. What to do with the term of exemption of the apartment after buying / selling? In this case, the buyer should separately negotiate with the seller about the transfer date and insist on their reduction.
For the seller, as practice shows, the most compromise option is the period from a week to two calendar weeks. 05 Supply, "Alternative apartments" are "Alternative apartments", that is, the situation where the seller in return for the sold apartment buys a new one. Such chains may include 5-10 apartments at once.
First, it is necessary to carefully study the contract, to what date there are rights to reside the former owners in the apartment. If these numbers have already expired, you have the right in order of self-defense of civil rights, with witnesses, such as neighbors, collect things illegally living and put them with them for the threshold. Before these actions should be applied to the head of the ATS that you are going to apply the method of self-defense regarding a particular citizen. You can also contact the precinct or apply to the court.

Here is a happy day, all the questions about the search for the apartment are solved, but very many newly new real estate owners face a problem: a former apartment did not leave the apartment and says that by law can still stay. When should the seller be released an apartment and play with registration accounting? In this article you will find answers to this question.

It is necessary to know that the exemption of the apartment by residents may be on the day of presenting you evidence of ownership, in a month and even two. It all depends on different circumstances that need to be considered in advance.

As soon as you received a certificate of registration of the right to a new apartment, the Seller must completely free the premises, that is, to withdraw from registration accounting (legally) and take things, furniture and other (physically). The Civil Code regulates the transfer period of real estate to the new owner. Article 457 says that the seller must release the apartment for a term prescribed in the CP Agreement, but if the date did not indicate, it is conditionally given one month to 314 tbsp. GK. But does not indicate when the term begins (from issuing money to the seller?). By default, professionals consider a period of two weeks after registering and transferring cash at the cost of the apartment.

We understand legal matters together with the CBN

Specialists of the Central Real Estate Bureau are freely oriented in the laws, subtitle acts, amendments to them, etc. And they will tell you when the seller you purchased real estate should go.

Liberation of the apartment after registering the contract of sale (DKP)

Few people are so lucky that tenants leave the apartment even before making a deal, usually the situation unfolds absolutely to the other side. The reason lies in the fact that alternative transactions are concluded between the parties. But even if no one lives in the apartment, then definitely indicate the contract that the seller must free the apartment no later than 2 days after the registration of DCP.

Liberation of the apartment during the standard term

If the seller was unable to fulfill the terms of the contract and did not leave the apartment, the buyer and the seller agrees to which number it will be solved by this problem, and prescribe a new term on paper. For example, that the seller will free an apartment no later than two weeks after the registration of DKP.

Liberation "Alternative" apartments

If more than one apartment participates in the transaction, then the solution to the problem can be delayed for a long time and the long time to decide. Then the deadlines become conditional for the best-selling apartment. Do not agree on this condition, since otherwise the process of liberation of the apartment will delay indefinitely. It is better to register this moment in the contract by appointing a specific date. Negotiations here are becoming more complex, and no one will help you out like a professional realtor who led such transactions.

How to make a transmitter act

Transfer equipment of kvariri.

Damage

Communal Payments Debt

Lawyer on the transaction

Property Transactions Lawyer

Gordon Andrei Eduardovich

Those who work with real estate say: There are no trifles in real estate transactions.

The transfer of the apartment under the contract of sale, it seems that it may be easier when you have passed the way from searching for an apartment before the conclusion of a sale contract and independently carried out calculations through the bank?

But the transfer of the apartment is just at first glance. The more expensive the apartment is the harder.

Obviously, the buyer and the seller in the sale of the sale of the apartment is the same interests - to make a deal, and different goals: the seller is to get money, the buyer is to get in the property. They fulfill the deal accordingly to their goals: the seller passes the apartment, and the buyer takes it. Actions on receiving and transfer of the apartment occur simultaneously, but they have different content. Rights and obligations at the parties are different, and they need to correctly use them. The consequences of the improper transfer of the apartment can also receive the seller and buyer.

Moreover, the seller has its own rules of transmission, and the buyer has their own rules of acceptance. And they declared one common document - a transmission act.

A separate question is the transfer period of the apartment to the buyer. Proper transfer of the apartment should occur in time established in the contract. Usually in the sale of apartments in Moscow in Moscow, this period is 14 calendar days from the date of state registration of ownership of the buyer.

If the transfer period of the apartment in the contract of sale is not established (they forgot to register), this period is determined by the demanding point of the buyer (Article 314 of the Civil Code of the Russian Federation). In the case of the buyer's presentation, the requirements can transfer to the apartment. It must be executed by the seller within 7 calendar days.

Transfer of an apartment under a sale contract

The conditions and order of transfer of the apartment are held by law and are interconnected with the contract of sale. What a buyer and seller should know.

The contract for the sale of real estate is directly provided for in the Civil Code of the Russian Federation, paragraph 7 of chapters 30 is dedicated to the sale of real estate, we recommend to study it carefully, or to read the article to the end, to not make mistakes.

Attention! The transfer of apartments is always individual! Universal recipes do not exist.

Under the contract of sale of real estate the seller undertakes to convey to the ownership of the buyer land, building, construction, apartment or other real estate (Article 549 of the Civil Code of the Russian Federation).

Directly normally established the obligation of the seller - to transfer property to the property of the buyer! Please note: not to prepare and not conclude a sale agreement, do not submit documents to register the right of ownership of the buyer in Roserestre. The law establishes an extremely specific obligation of the seller - to transfer property to the property of the buyer.

At the same time, the ownership is possession, use and disposal of a thing (Article 209 of the Civil Code of the Russian Federation). The state registration of ownership of an apartment in the name of the buyer itself does not yet provide the buyer with the opportunity to own and use the thing, because until the transfer of the thing it is in possession of the seller.

It is to stop the ownership of the seller an apartment in law installed the responsibility of the seller to transfer an apartment to the buyer (Article 549 of the Civil Code of the Russian Federation), and additionally clarified - transfer according to the transfer act by presenting it to the buyer (Article 556 of the Civil Code of the Russian Federation).

If the apartment's presentation does not happen - the sale contract is not fulfilled and there is a reason for challenging in court.

How can the seller give an apartment to the buyer?

To correctly convey the apartment, it is necessary to recall the essential terms of the contract for the sale of real estate. Conditions are essential, since their absence in the contract does not concluded a contract, and accordingly, not fulfillment of these terms of the contract will give the opportunity to effectively challenge the contract in court, as not concluded. Failure may occur during the transfer of the apartment.

A significant condition for the sale of the sale of real estate is the exact definition of the real estate object, in this case it is an apartment. Therefore, the apartment must be unequivocally described already in the text of the contract itself. For this purpose, the Agreement sets out the technical parameters and characteristics of the apartment and the required details - the cadastral number, address, floor of the house, purpose - residential, total area, number of rooms, etc.

The correct transfer of the apartment under the sale contract will be in the case of the transfer of the apartment to the buyer exactly corresponding to the terms of the contract. This means that the transfer point must be recorded the fact of the transfer of an apartment exactly corresponding to the terms of the contract.

To do this, the description of all the parameters of the apartment should be accurately reproduced in the gear reply, as described in the sale of the apartment.

In addition, the apartment is not only technical specifications, but also engineering systems, and plumbing equipment, and electrical equipment, and finishing, and furnishings, etc.

Not last place is the documentation for the apartment. For example, the cost design of the project and the redevelopment project to some apartments corresponds to the cost of a good three-room apartment in the area of \u200b\u200bKuzminka Moskva.

Some buyers want to buy an apartment precisely with its configuration of furniture and other interior items, including paintings.

And the built-in kitchens, household appliances and air conditioners have long become in Moscow transmitted with apartment equipment.

The situation is not rare when, when accepting purchased apartments, buyers do not detect expensive household appliances, split air conditioning systems, etc.

To transfer all this equipment of the apartment, it must be written to the sale of the apartment for sale as subject to transmission:

- technical documentation for the apartment (on redevelopment, design projects, contracts for work, transfer acts, commissioning acts, etc.)

- technical documentation for equipment equipment (technical passports

- Techniques, furniture and other equipment and accessories.

In some cases, it is necessary to make a multi-page inventory of expensive property to contracts.

When transferring the apartment you need to verify all transmitted documentation, equipment and property, and the inventory must be fully incorporated into the transmission act. Then signing a transmission act, an additional property will be transferred to you on the act.

When identifying deficiencies, it should also be reflected in the transfer act. At the same time, do not forget to indicate in the act of transferring an apartment in an improper contract state. The transfer of an apartment that does not correspond to the terms of the contract is a violation of the terms of the contract to be compensable by the Seller.

Presentation apartment - The symbolic process, the last point, which is confirmed by the transfer of keys from the door locks of the apartment itself, the locks of the storey door, from the access door.

Key transmission and their number is entered into a transmission act.

Damage

As stated above, the apartment should be transferred in a state of the corresponding terms of the contract after a personal inspection by the buyer before signing the contract of sale. When the apartment is transferred, it is necessary to conduct a thorough inspection of all rooms, surfaces and elements of the apartment. Try to identify traces of leakage and damage to expensive equipment, such as double-glazed windows, plastic frames, plumbing, etc., which were not stipulated in the contract.

All disadvantages discovered should be reflected in the transfer act.

Communal and Other Payments Debt

Usually, the apartment is transferred free from debts on utility payments, payments for electricity, etc. To protect against surprises, when signing the gear ratio, fix the readings of all accounting devices at the time of the transfer: Water and electrical counters, and check the integrity of the seal. And deposit their readings with the seller recorded in payment documents.

The seller must contain an apartment and pay all costs for electricity, water, etc. Until the day of the actual transfer of the apartment to the buyer on the transfer act.

We advise your customers to photograph the testimony of counters and seals when examining apartments before making a transaction. And if there is expensive equipment and finishing in the apartment, it is necessary to fix it and the condition in the photo of the video shooting before making a transaction, and in case of damage or replacement to drain with the videos or photos.

Lawyer on the transaction

As now you can see the transfer of an apartment under the contract of sale not a simple process and requires legal knowledge and experience. For the correct transmission and design of documents, it is advisable to pre-prepare this event and take a flashlight or a flashlight on it to inspect the apartment.

Try to fill in the transmitter act, and take to the transfer of at least 3 copies if the seller and the buyer are involved in the transaction. One, just in case.

Price support contract for sale

• Apartments (Moscow) ........................................ from 35 000 rubles.
• Country house and plot ........................... .. from 50,000 rubles.
• Not residential premises (office, machinery, etc.) ..................... .. from 50,000 rubles.
• Not residential buildings .................................................................... from 80,000 rubles.
• Consultations oral .......................................................................... .. from 2 500 rub. / 30 min.

The price does not include the price of obtaining necessary documents, state duties and fees, the cost of making attachment of attorances and other expenses.

The price is indicated for one transaction - purchase or sale in the presence of legal support in the counterparty and without a mortgage, without care and without complications of the health status of the transaction participants. The cost of services for alternative transactions (sale + purchase) is determined individually taking into account the complexity of the object, the presence of legal support in counterparties, the presence of mortgages and other circumstances.