How to sell an apartment if one of the owners is absent? Is it possible to sell an apartment without the personal presence of the owner? What to do if the apartment was sold without the owner
Lawyer. Legal consulting, experience in the tax office. Date: November 14, 2017. Reading time 8 min.
A seller who wants to sell an apartment on his own must organize the receipt of the missing documents, carry out pre-sale preparation of the apartment, place advertisements on thematic resources, work with buyers, and conclude a preliminary and main agreement. Depending on the specifics of the situation (purchase through a mortgage, the apartment being sold is registered in the name of a child), changes are made to the procedure. In some cases, the seller is required to file a return and pay tax.
The services of real estate agencies and private realtors offering their assistance in finding a buyer vary between 4-10% of the property’s value. Often the owner of a residential property has to pay the amount before receiving the money, which is unprofitable and expensive.
However, the owner is able to organize the sale of an apartment without a realtor and save a decent amount. The main rule is to follow the established plan.
Selling an apartment is an event that includes many stages and actions. Some of them are carried out by an intermediary, but with a personal sale you will have to plan the transaction yourself.
Conventionally, the sale can be divided into two stages:
- preparatory:
- collection of documents;
- redecorating;
- emptying the premises of things;
- advertising;
- showing the apartment to potential buyers.
- basic:
- conclusion of a preliminary agreement;
- receiving a deposit;
- execution of the main agreement, its registration;
- handing over the apartment and keys;
- receiving the remaining amount;
- settlements with the tax authorities.
Step-by-step instruction
Before selling an apartment without a realtor, the seller needs to give it a marketable appearance and correctly determine the price. The price must correspond to the market price: overestimation reduces buyer interest and switches attention to similar, but cheaper offers.
A list of documents should be ready before the start of a sales campaign. Some of them have already been received, and the rest, having limited period actions are recommended to be completed before signing the main contract.
Preparation of documents
Availability complete package documents simplifies and speeds up the execution of the transaction. The list is determined by the characteristics of each object (for example, when investing funds or availability), however, in most cases, the papers named in the table are sufficient.
Table 1. Documents required for independent sale of an apartment, by time of receipt
| Documents required immediately | Documents that have a limited validity period and are received before the transaction |
| Certificate of ownership of the apartment. If the property was purchased after the certificates were cancelled, you will need an agreement under which the property was transferred into ownership and an extract from the Unified State Register of Real Estate | Consent of the guardianship authorities to sell the apartment if the interests of the minor owner are affected |
| Passport or birth certificate for child owners under 14 years of age | Help form 9 |
| Certificate of settlements with utility services | |
| Technical certificate | |
| Help from tax service about the absence of debts | |
| Consent of the second spouse to the alienation of real estate |
Apartment cost
The next stage of preparing an apartment for sale is determining its value. Independent work owner's assessment of real estate consists of the following actions:
- use of online calculators that determine the price based on the entered parameters;
- studying the real estate market by viewing and analyzing similar advertisements for sale.
The objective cost of an apartment depends on its characteristics:
- area, the size of which is directly proportional to the price: the larger the footage, the higher the cost;
- the number of rooms and their location relative to each other (adjacent rooms are valued lower than isolated ones);
- floor (the first and last are in less demand);
- availability of repairs;
- house address and area;
- availability of infrastructure and social facilities (clinics, kindergartens, schools);
- condition of the house;
- legal aspects(presence of unpaid debts or third parties registered in the apartment).
Pre-sale preparation
It lies in the design appearance apartments. There is no need to make any repairs to the premises - it is enough to make cosmetic improvements, empty the balcony and storage rooms of old things, remove broken furniture, check the sewage system and the condition of the pipes, plumbing, and the serviceability of the electrical wiring.
It is advisable to immediately empty the apartment of unnecessary items that are not for sale, or plan the transaction so that there is enough time to remove the furniture.
Realtors advise tidying up the stairwell: screw in a light bulb, remove graffiti, replace broken glass. Well maintained place common use has a positive effect on the impression of potential buyers.
Client search and presentation
The search for a client is most often carried out through advertising on thematic sales sites. An advertisement can be posted on several resources at the same time. As an addition, you can post paper versions of the proposal or advertise in newspapers and magazines.
The ad contains information about the apartment and well-taken photographs: high-quality, without unnecessary (personal) things, covering the space as much as possible. Information about the property being sold is presented in such a way that the client does not have any additional questions.
When demonstrating real estate, it is recommended to find out the purposes of the purchase and, depending on them, focus on the necessary nuances, strengthening the desire to buy. For example, those who plan to rent out an apartment are interested in good repairs, the presence of furniture and appliances, which implies their minimum investment. When purchasing for permanent residence, the seller should mention the developed infrastructure and the possibility of zoning the premises.
Making a deal
The purchase and sale involves concluding a preliminary agreement, depositing money or putting it in a box, signing the main agreement, registering it, transferring the apartment and receiving the remaining amount. In some cases, the list may be expanded or reduced.
Drawing up a preliminary purchase and sale agreement
A preliminary purchase and sale agreement confirms the parties' intention to conclude a transaction and ensures that no refusal will occur during subsequent preparatory actions. A security payment is also made against it, which serves as a guarantee of the conclusion of the main agreement. Of course, the parties have the right to refuse the sale and purchase, but in most cases this does not happen.
A similar option is concluding an agreement on or advance payment. The contracts differ, but their essence remains the same: the buyer deposits money, assuring the seller of his intention to purchase an apartment from him, the owner of the property receives guarantees that the transaction will be completed.
According to the agreement on making an advance payment, if the buyer refuses the transaction, he receives the deposited funds in full. The deposit has a different nature: if the buyer refuses, he loses money. If the seller is at fault, he has to return double the amount to the buyer.
To avoid unpleasant consequences and confusion, the parties are advised to either obtain advice from a lawyer experienced in real estate or enter into preliminary agreement purchases and sales using advance payments.
The preliminary agreement contains the terms to be included in the main agreement:
- subject of the contract - apartment, its address, characteristics of the house, floor, number of rooms, total and living areas (information must correspond to the cadastral passport);
- price;
- payment procedure (one-time payment or);
- (notary, cell rental agreement, state duty and others);
- the period during which the seller undertakes to vacate the apartment and deregister if this has not been done;
- terms and procedure for transferring the apartment and signing the act;
- liability of the parties for violation of obligations.
The amount is paid in cash or non-cash payments. In the first case, the seller draws up a receipt for receiving money from the buyer. When transferring money through a bank, the buyer is given bank documents, which indicate the basis for the transfer (preliminary purchase and sale agreement and its details).
Payments for an apartment
The next stage is payment for the purchase. The use of a safe deposit box has come into practice as the most reliable and in a safe way cash settlements between individuals.
Its essence lies in the fact that the buyer enters into a lease agreement for a safe deposit box for a period sufficient to carry out registration actions. It specifies the conditions for receiving money.
The deposit of money is carried out in the presence of the parties and a bank employee. The money is counted and placed in the package. It is sealed and sealed with the signatures of the parties.
After registration actions, the parties receive a registered agreement and an extract from the Unified State Register of Real Estate, indicating the transaction. Based on these documents and the apartment acceptance certificate, the seller will receive the funds deposited in the locker.
Similar forms of non-cash payment are letters of credit and payment order.
Note! You can buy and pay for real estate using borrowed funds. Registration of a mortgage involves non-cash payment. The bank transfers money to the seller’s personal account after registering the transfer of ownership (agreement).
Concluding an apartment purchase and sale agreement and registering the rights of the new owner
The main purchase and sale agreement is drawn up in writing in 3 copies. If there are several sellers or buyers or one of the parties to the transaction is a child, then the agreement is drawn up with. In other cases, notarization depends on the wishes of the parties.
The contract includes the conditions under which the preliminary agreement was concluded. The set of documents is supplemented by a receipt for payment of the state duty.
The parties visit the MFC or Rosreestr, where they write an application to carry out registration actions.
Table 2. Deadlines for registration actions
Transferring an apartment and receiving money
After registering the transaction, the buyer receives a registered agreement and an extract from the Unified State Register of Real Estate, indicating that an entry has been made in the register. The seller is given only his copy of the contract.
The next stage is the transfer of the apartment and registration. It is drawn up in two copies, and if the buyer attracts borrowed funds– at 3 (+1 for the bank).
Based on the registered agreement and the transfer and acceptance certificate, the bank gives the seller access to the money. At this stage the transaction is completed.
Important! After registration actions, the parties will have tax obligations. The buyer may apply for the provision tax deduction, and the seller is obliged to file a declaration and pay tax if he owns the apartment for less than 5 years (Article 217.1 of the Tax Code of the Russian Federation).
Typical mistakes when selling your apartment
When selling an apartment on your own, an inexperienced seller may make mistakes. They will affect the speed of the sale and its profitability for the seller himself.
- Incorrect assessment of the apartment. Incorrect determination of value (overestimation or underestimation) delays the transaction or makes it unprofitable for the seller.
- No pre-sale preparation has been made. Marketable condition is of great importance and affects the price. Torn wallpaper, leaking pipes, dirty plumbing will not make the right impression on a potential buyer. Most likely, he will ask for a discount.
- Documents are incorrect or missing. This circumstance will delay the conclusion of the contract if the buyer does not refuse the deal.
Selling an apartment without a realtor is a complex and voluminous procedure. Following the instructions provided and thoughtfully completing all stages will help make it easier and sell your property profitably.
November 14, 2017.Various life situations may be deprived of the opportunity to personally participate in the sale of their own apartment. Serious illness, business trip, residence in another country (in another region of the country) and other cases are grounds for drawing up a power of attorney, according to which the authority to sell an apartment can be transferred to a third party.
The so-called trusted, you can entrust the sale of an apartment from start to finish, which is most often referred to as a general power of attorney. It is worth considering that in this case it is necessary notarization such a document.
Registration of a power of attorney does not require collecting a large amount. The process of selling an apartment itself will not differ from the usual process, with the exception of the need for the authorized person to present a document on the basis of which a certain amount of authority has been transferred to him. The changes are also minimal and related to the indication of the data of the authorized person.
Therefore, the purchase and sale transaction by proxy possible and is carried out in practice due to various life situations.
Basically, the sale of an apartment to a third party is entrusted in case of impossibility personal participation in the sale of an apartment (for example: illness, moving to a new place of residence in another city). In other cases, a power of attorney is rarely issued, and the owner personally deals with all issues related to the transaction. First of all, it is connected with the whole a number of risks both for the owner himself and for buyers.
In addition, such sale of property through a third party may adversely affect its attractiveness to potential buyers.
If the transaction for the sale of an apartment is notarized by an authorized person, or he will be represented during state registration transfer of ownership, then such a power of attorney must also be notarized in accordance with paragraph 1 of Art. 185.1 of the Civil Code of the Russian Federation. In addition to numerous issues related to the execution of a power of attorney, the inclusion of the necessary provisions in it, it is necessary to initially think through the terms of authority that will be entrusted to a third party.
The text of the power of attorney must define the powers of the authorized person (the functions of the attorney). These include:
- collection of documents, certificates, extracts necessary for the sale;
- selling an apartment;
- signing a purchase and sale agreement;
- receiving Money for the sale of property;
- delivery and (or) receipt of documents from the relevant government agencies.
It is also advisable to indicate whether the attorney is provided right of subrogation, that is, the right to transfer powers (received by proxy) to another person.
In addition, according to Art. 186 of the Civil Code of the Russian Federation, a power of attorney is considered issued for one year from the date of its execution if there is no specific period indicated in it. Wherein the date of execution of the power of attorney is required to be indicated in such a document.
How to sell an apartment by proxy without the owner
To sell an apartment without the participation of the owner in this process, it is necessary to issue an appropriate power of attorney, called a “general” power of attorney. This name implies the transfer all sales powers such real estate from collection necessary documents until funds are received and appropriate registration is made in the territorial body of Rosreestr.
In the case of drawing up a general power of attorney and undergoing the procedure of its notarization, the presence of the owner when signing the purchase and sale agreement, collecting and processing the necessary documents and other actions not necessary.
List of documents
Considering the need for notarization of a general power of attorney must be provided to the notary:
- information about the principal and attorney (original passports);
- text of the power of attorney (if the power of attorney is drawn up by the notary himself, it is not required);
- terms of reference of the attorney.
No other documents are required for certification, as well as for the execution of a power of attorney in general. For necessary standard set of documents and a power of attorney from the authorized person (together with the original of his passport for identification. The package of documents includes:
- power of attorney;
- passports of the parties to the transaction;
- certificate of absence of debt for utility services.
Agreement for the purchase and sale of an apartment by power of attorney
Agreement on the sale of an apartment carried out by power of attorney, is different from the purchase and sale agreement general rules only clarification of the existence of a power of attorney and information about the attorney. A sample agreement for the purchase and sale of an apartment by proxy from the seller is presented below.
Who pays tax on a real estate transaction by proxy?
According to tax legislation Russian Federation When receiving funds for the sale of an apartment, you must pay. The only exception is the case in which the property being sold is owned by more than three years(clause 17.1 of article 217 of the Tax Code of the Russian Federation). If the apartment has been owned for less than three years, you will have to pay the appropriate tax.
Due to a serious illness and the inability to independently sell her apartment, Semenova A.L. entrusted it to her son, V.N. Semenov. sell an apartment. For this purpose, a general power of attorney was issued, which was certified by a notary. Two months later, Semenov found a buyer and sold the apartment, transferring the proceeds to Semenova. Considering that the said property has been owned by Semenova for more than three years and in accordance with clause 17.1 of Art. 217 Tax Code of the Russian Federation income tax no payment was made for the sale of the apartment.
Considering that the attorney doesn't receive money from the sale of an apartment, the tax must be paid by the person who received income from the sale of the apartment, that is, the owner.
This is confirmed by the provisions of Part 1 of Art. 207 of the Tax Code of the Russian Federation that taxpayers include persons receiving income from sources in the Russian Federation, to whom, in accordance with clause 5, part 1, art. 208 of the Tax Code of the Russian Federation refers to income from the sale of real estate.
Risks of the buyer and seller when selling under a general power of attorney
Selling an apartment under a general power of attorney carries a number of risks for both buyer and seller. For the buyer, the risks lie in the following possible situations:
- the power of attorney may be forged or terminated (due to expiration, cancellation, or death of the principal);
- incapacity of the person who issued the power of attorney;
- lack of notarization of the power of attorney, execution in the wrong form (for example, lack of a date of preparation).
The seller is also exposed to a number of risks. Considering that the attorney is completely entrusted with the conduct of the entire transaction, various difficulties may arise with incorrect execution of the contract itself, which can lead to its invalidity.
In addition, the attorney may receive funds from the seller and not transfer them to the owner apartments. Therefore, it is best to indicate the terms of reference in the power of attorney itself as carefully as possible, and also carefully choose an attorney.
Is it possible to invalidate a transaction?
A transaction made using a power of attorney, like any other transaction may be declared invalid. IN in this case There are no exceptions, however, for the reasons set out in Chapter. 9 of the Civil Code of the Russian Federation, new ones are added. The validity of the transaction is excluded if the owner or his authorized representative is incapacitated.
In addition, at the time of conclusion of the transaction, the power of attorney may be revoked or expired, which deprives the attorney signature rights such an agreement, as a result of which the agreement signed by such person is also declared invalid. If the power of attorney itself is declared invalid (improperly executed, not signed, not certified by a notary), then the transaction signed under it is also declared invalid and is disputed.
Conclusion
Selling an apartment by proxy can be an excellent tool with which you can sell your apartment with a minimum of effort and expense. Typically, this opportunity is used due to the impossibility of personally participating in the sale of an apartment or reluctance due to poor literacy in the matter of selling real estate. Often, powers of attorney are concluded not only between relatives or other persons whom the owner trusts, but also with specialized legal entities who are engaged in this type of activity.
However, we should not forget that trust is such important issue(and the cost of real estate is quite high) must be calculated: you need to take the choice of an attorney seriously, correctly draw up the terms of reference for him, and, if possible, monitor the actions. It should also be expected that property sold in this way may be less attractive to buyers due to possible risks.
Question
The right to sign an agreement by proxy
I'm going to entrust the sale of the apartment to my brother. When drawing up the power of attorney, the question arose about the possibility of my brother signing the purchase and sale agreement as my representative. Does he, as my attorney, have the right to sign the deal?
Answer
In order for the authorized person to have the right to sign the agreement, the acceptance certificate and other necessary documents, this should be directly indicated in the text of the power of attorney. Otherwise, such a person will not have the legal basis to sign the contract.Unfortunately, such transactions occur very often. Because the modern level technology is on the highest level, then production necessary documentation is not difficult. As a result, deeds of gift and passports, which are actually fakes, appear in real estate sales and purchase transactions. The unsuspecting buyer gives away his hard earned money - and after a while becomes the owner of the apartment. But not for long... The appearance of the real owners returns everything to normal: in the end, the victim deceived by the swindlers is left with nothing.
Easy money, or Be careful!
For most metropolitan residents, buying an apartment is one of the most expensive transactions in their entire lives. When collecting the required amount, the buyer, even in a nightmare, cannot imagine that the funds could be voluntarily given to scammers.
There are two types of fraud in residential real estate:
Scam transactions related to the sale and purchase of real estate
As for the first method, there are plenty of suitable candidates for the role of “victim”. Pensioners, disabled people, people suffering from alcohol or drug addiction are the main candidates for eviction. Scammers can gain trust in order to persuade people to sign documents. As a result, the owner may simply end up on the streets, or, at best, move to cheaper housing.
And the owner himself doesn’t even know about it. Thanks to the forgery of general powers of attorney, passports, and certificates of ownership, fraudsters pose as the owners of the apartment. Computers, laminators, microscopes and more complex equipment are used.
How do scammers operate?
Having studied the lifestyle of the apartment owner, they steal the keys. When the owner is absent, the apartment is sold in full swing. Sometimes law enforcement agencies solve cases in which clever swindlers managed to sell the same apartment in Moscow to five different buyers! Scammers become more active in the summer, when most owners spend time at their dachas or on vacation.
Sometimes the deal may seem absolutely fair, and the apartment may seem legally clean. After some time, a released prisoner comes to the house of the new owner, who, it turns out, is registered in the apartment. To hide this fact, the seller probably provided a false certificate of family composition.
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Circumstances may arise such that it becomes necessary to sell the apartment, but it is not possible to attend the transaction in person. In such a situation, you can choose a trusted person who is responsible for performing all the work for the owner. What aspects need to be taken into account when transferring a power of attorney and choosing your representative?
Key Aspects
Typically, a power of attorney is issued to a relative or other close person. This document allows you to perform legal actions on behalf of the owner. It is important to draw up the document in such a way that the trustee is vested only with a specific list of powers. Wide possibilities for disposing of real estate carry a certain danger.
The document must contain full information about the property and the identity of the representative, including the following:
- Passport details.
- Location.
- Characteristics and address of the apartment for sale.
Note! The authorized person is given the authority to sign on behalf of the copyright holder. Therefore, his choice should be taken very seriously.
The specifics of transferring a power of attorney are regulated by the following regulations:
- Civil Code of the Russian Federation.
- Federal Law No. 218 of July 13, 2015 “On state registration of real estate.”
- Federal Law No. 4462-1 dated February 11, 1993 “Fundamentals of the legislation of the Russian Federation on notaries.”
According to the Civil Code of the Russian Federation, a power of attorney must be certified through a notary. But there are exceptional cases when a citizen cannot be physically present in a notary’s office. Depending on the location of the principal, the document is certified by the head physician of the hospital, the captain of a sea vessel or the head of the correctional institution.
The Civil Code of the Russian Federation establishes important additional provisions:
- According to Art. 188, the principal has the right to revoke the power of attorney without giving reasons, just as the proxy can refuse to assume obligations.
- If the document does not indicate the possibility of transferring powers, the representative must perform all specified actions personally. Issues regarding the transfer of responsibilities are discussed with the owner.
Which power of attorney should I choose?
There are several options for powers of attorney that can be used to transfer rights to sell real estate:
General power of attorney provides the most extensive powers in the transaction process. This allows you to resolve all issues at once. But this is not the safest document for the owner. In this case, a one-time power of attorney may not be enough to perform the required actions, but its issuance will not lead to negative consequences.
Features of a power of attorney
According to Part 1 of Art. 185 of the Civil Code of the Russian Federation, the principal provides his powers in writing, and the proxy accepts responsibilities for representation to third parties.
The power of attorney clearly states all the actions of the authorized person, which may include the following:
Note! Separately, it should be indicated whether the right of delegation to a third party is given.
The power of attorney specifies its validity period. According to Art. 186 of the Civil Code of the Russian Federation, if it is absent, the period is considered to be set at 1 year. The date of drawing up the power of attorney is mandatory.
Sale by proxy
If you need to do everything to receive money, a general power of attorney is suitable. It means the transfer of full authority to sell real estate, from collecting documents to verify the purity of the transaction and ending with the signing of the transfer deed.
The notary may have doubts about the procedure for selling an apartment by power of attorney. Realtors try to formalize the transaction directly or meet with the owner to find out the reason for transferring rights by proxy. But if a person cannot be physically present at the transaction, this is a completely justified step.
If the apartment is sold by proxy, the following sequence of actions is performed:
Preparatory stage
At this stage, the representative collects documents that are necessary not only for signing the contract and its registration, but also for checking legal security.
For the latter, the buyer may request the following documents:
- Archival and regular extract from the house register.
- Certificate of absence of debt for public utilities, telephone and internet.
- Certificate from psychoneurological and drug treatment clinics from the seller.
- Extract from the Unified State Register of Real Estate.
One of important documents is an extract from the Unified State Register of Real Estate . From it you can see the history of ownership of the object, the characteristics of the apartment itself, the current owner, the presence or absence of encumbrances. The last point is the most important, since if there is an encumbrance, the transaction is unlikely to be registered.
The buyer can also request documents and information to verify the validity of the power of attorney. He may require a conversation with the owner, at least by phone. This is normal practice and allows him to protect himself.
Concluding a transaction and registering the transfer of rights
At this stage, it is necessary to discuss all the conditions, including the specifics of payment, transfer of the apartment and ownership rights to the new owner. All this must be reflected in the contract. The agreement is signed in the presence of a notary, who certifies the transaction. He will check the authenticity of the power of attorney, the correctness of the agreement and, if necessary, make changes. After signing, the documents are sent for registration.
To do this, the following is submitted through Rosreestr or MFC:
- Passports of the seller and buyer.
- Power of attorney and passport of the representative.
- Contract of sale.
- Title documents for the apartment.
- Extract from the Unified State Register of Real Estate.
- Receipt of payment of the state fee for registration.
- An application of the established form, the form of which is issued on site.
Registration is carried out within 7-9 days depending on the place of submission of documents. After this period, an extract from the Unified State Register is issued indicating a change of owner.
In most cases, buyers insist on payment after registration. This does not pose a threat to the seller. If payment is not forthcoming, he may cancel the registration due to non-payment of the contract. But by agreement, payment can be made at the time of signing the contract.
It is important for the owner and trustee to think through payment issues in advance. Money can be transferred to an account, transferred by hand or through safe deposit box. The safest option in this case is a bank account. If money is transferred in cash, it is better for the owner to come to transfer the money.
After registering the transfer of ownership rights and payment, the physical transfer of the apartment occurs. The buyer and seller sides draw up a document in which the parties report the absence of claims. It is indicated that the apartment was transferred in proper condition, and money for its sale was received.
As a result, the transaction fully complies with the usual procedure. The only difference is that the seller is not personally involved in it. The buyer has the opportunity to due diligence powers of attorney. To do this, he may request additional documents.
The legislation establishes the following situations when a power of attorney terminates:
- Expiration of the document.
- Refusal of the trustee to continue fulfilling the assumed obligations.
- Cancellation by the principal regardless of the reason.
- Recognition of the principal as missing or his death.
- Recognition of the principal as limited or completely incompetent by the court.
- Recognition of a document as invalid by a court decision.
Legal consequences for the trustee occur only after he becomes aware of the termination of the document.
Until this moment, he can fulfill the obligations entrusted to him.
Possible risks
It is important for the principal to be completely confident in the person who has decided to entrust the right to sell the property. If in doubt, you can transfer only the right to conclude an agreement under certain conditions, and appear in person to receive the funds.
Attention! The law prohibits registration of property in the name of a trustee. This is done to protect the interests of the copyright holder so that he does not lose property and money. If doubts arise about the integrity of the representative, it is better to revoke the power of attorney as quickly as possible. This will prevent future problems.
Thus, a power of attorney is no different from the usual procedure. But a trusted person acts on behalf of the seller. To protect yourself, you need to choose your representative carefully. And if possible, it is advisable to show up at least for the transfer of funds for the apartment.
The video story will tell you about the intricacies of the transaction of buying and selling an apartment by proxy
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How to prevent an apartment from being sold without the owner’s knowledge
Due to the fact that since 01/01/2017, and all confirmation of rights is an extract from the Unified State Register of Real Estate, many are afraid that the apartment will be sold without the knowledge of the owner by proxy
After all, before for a sale it was necessary to present the originals of title documents, and even earlier to contact a notary, but now to register the transfer of ownership, an agreement in simple written form, drawn up according to a template on the Internet, and an application to the MFC from the parties to the transaction, which can act, are enough by proxy.
A notarial transaction is not required for cases where there is only one seller, which means that the authenticity of the power of attorney form will be verified by:
- a girl at the MFC (who may have been working for a week);
- a buyer who can purchase without good legal support and simply will not know what and how to check.
The original power of attorney remains in the hands of the authorized person, and the girl at the MFC will only take a copy (which, of course, will not have any degrees of protection) and send it all to Rosreestr for verification.
Rosreestr will check whether the power of attorney and its validity period have been revoked in the database of the notary chamber, where only the number and status of the power of attorney are indicated, but the authenticity of the power of attorney cannot be verified, and it will not check whether the notary chamber actually lists this text of the power of attorney behind this number.
And all this is not to mention the fact that the only proof of your right is an extract from the Unified State Register of Real Estate, which is stored electronically.
So, how to protect yourself from cases of illegal sale of real estate without the knowledge of the owner:
- Check the property to see who is the current owner. For this . This is not difficult to do and this pleasure is inexpensive, 200 rubles, and within one working day you will receive an extract of the Unified State Register by email with an attached authentication key on the Rosreestr website. It will indicate the full name of the current owner.
- You made sure everything was in order. In the near future, the owner is advised to take a passport and go to the nearest MFC to impose a ban on any registration actions without the personal presence of the owner. Then, without your personal presence, your property cannot be alienated. This service will block the acceptance of documents from any participants except the owner himself. The service is free.
To confirm our words, even the MFC website itself recommends that owners protect their property from fraudulent activities in this very way.
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