What documents are needed when selling a house? A similar question arises for both the landlord and his potential buyer. The thing is that the sale of real estate is a certain paperwork. The absence of at least one important paper makes the transaction void. So, you need to prepare in advance for it. Fortunately, this is not so difficult. The main thing is to know where to start. Below will be presented all the current information on the sale of houses. What does a citizen have to face? What documents to check with the owner of the property? What about a potential buyer? Answers to all these questions and not only make life much easier. As practice shows, careful preparation for the sale of property is the key to success!
Ways of registration
What documents are needed when selling a house? It is impossible to unequivocally answer such a question. The thing is that a lot depends on the specific life situation. Nevertheless, below will be presented all the possible documents necessary for the relevant transaction.
First, it’s worth understanding the nuances of the sale. You can cope with the task:
- personally;
- through a real estate agency.
In the first case, you will have to additionally contact a notary public, as well as take all actions to search for and conclude a transaction yourself. The second, as a rule, offers legal support, as well as the search for customers and their coordination with the seller. Only such a technique is more costly. On average, real estate agencies require 50,000 rubles per transaction.
Self-Service Order
The list of documents for the sale of a house or its share plays an important role. Only it is not the only component worthy of attention. You need to understand how to conclude a deal for the sale of real estate.
Suppose a citizen decided to cope with the task on his own. Then he will need:
- Prepare a specific package of papers for further manipulations. We will familiarize ourselves with its components later.
- Draw up a contract of sale. It is better to ask a notary for help.
- Post an ad for a home for sale and arrange a meeting with buyers.
- Show the property, as well as conduct bidding if possible. At this stage, it is recommended to discuss the features of the transaction.
- Go to a notary public and sign a contract of sale.
- Transfer the acceptance certificate, keys, as well as a receipt on receipt of money to the buyer. Documents for the property will also have to be given.
- Take the money laid down under the contract.
That's all. Now it remains to register the purchase and sale agreement with Rosreestr, and then carry out the procedure for re-registering ownership of the buyer.
Sale through agents
The documents required to sell a home can come in handy. This is a normal occurrence. You just have to first decide how the deal will be concluded. You can seek help from real estate agents.
In this case, instructions for the sale of housing will look like this:
- Form a certain package of securities provided by the state for processing the transaction.
- Contact the real estate agency and sign an agreement with the relevant intermediary.
- Wait for coordination with potential buyers, and then discuss with them the nuances of the transaction.
- Come to a real estate agency to sign a purchase agreement.
After that, you can take money for the transaction, transfer documents for movable property, as well as issue an acceptance certificate. There is nothing difficult or incomprehensible. The main difficulties arise mainly during the preparation of documents for the transaction.
The main components from the seller
What documents are needed when selling a house? As already mentioned, various papers may be required. It all depends on the specific situation. So, it is necessary to consider all possible options for the development of events separately.
Let's start with the mandatory papers that the homeowner must have with him. Among the documents for the sale of a house, it is mandatory to distinguish:
- agreement of the established form;
- passport of the seller-owner;
- certificate of ownership of real estate;
- title documents for property;
- EGRN statements for a particular object.
There is nothing difficult or incomprehensible in this. True, such a package of papers is required extremely rarely. In practice, it is supplemented by other certificates for housing. But which ones? Look for the answer below!
Sell share
Documents for the sale of a house are recommended to be prepared in advance. Otherwise, it may be impossible to conclude a transaction.
The next scenario is the sale of a share of the property. For example, when a property has several owners. This option is a lot of trouble.
In this case, you will have to additionally prepare:
- consent from the co-owners to buy out the property or refuse the corresponding transaction;
- documents confirming the fact of notification of co-owners of the upcoming operation.
By law, co-owners have the right to pre-emptive redemption of real estate. This means that first you have to offer a share to other owners of the house. And only after their refusal or long (over a month) expectation to proceed with the sale of property with third parties.
If there is a spouse
We found out how the registration of the sale of a house occurs. Documents for sale require a variety of. And on the go it’s hard to understand which components will be useful for successful transaction in this or that case.
Citizens with spouses must also prepare:
- certificate of marriage or divorce;
- prenuptial agreement;
- consent of the spouse to a transaction with common property;
- documents confirming personal rights to the subject of the contract.
Lack of husband or wife consent to a deal often becomes a huge problem. Some notaries will help to carry out such an operation, but for the buyer it is extremely risky. A dissenting spouse may go to court and invalidate the transaction.
Important: in the presence of children it is also recommended to prepare certificates on the birth or adoption of minors.
Minor owners
Are you planning to sell a private house? Documents for such an operation are prepared in advance. They include a lot of components. And it is far from always easy to get rid of real estate.
Having a minor owner is extremely troublesome. The thing is that you have to prepare such papers for the transaction:
- certificates of birth or adoption of a minor;
- child's civil passport (if any);
- permission of the guardianship authorities for the operation.
If we are talking about a transaction involving a person under 14 years old, you will also have to enlist the support of parents. But, as a rule, the most difficult is obtaining permission from the guardianship authorities. Often, a transaction is not approved if, in exchange for the property being sold, a similar or larger area is not transferred to the child.
Other statements
It is hard to believe, but the documents listed above for the registration of the sale of a house do not end there. The seller is advised to prepare additional certificates. They, as a rule, help to quickly explain the situation with housing, as well as save from unnecessary questions from the potential buyer.
To quickly conclude a transaction, it is recommended to prepare:
- certificate of family composition;
- cadastral and technical passport (if available);
- extended extract from the personal housing account;
- house book.
The absence of the listed securities is not a reason for refusing to conclude an agreement of the established form. However, as already mentioned, the availability of relevant documentation causes much less problems when communicating with customers.
By buyer
Are you ready for a variety of property documents? Home purchase agreement? Selling property is not possible if the potential buyer did not bring along a specific package of securities. What is it about?
At the moment, a citizen will have to take with him only a passport and money. If the buyer has a spouse, it is necessary to prepare:
- marriage certificates;
- permission of the spouse to use general funds for the purchase of housing;
- refusal of the husband / wife from a share in the property after the purchase;
- evidence that the funds used are the personal property of the buyer.
There is nothing incomprehensible or difficult in this. As practice shows, the main chores associated with the preparation of documents by the seller. Customers are required a minimum of components. Especially for those who have a marriage contract or have no spouse.
Title papers
We found out what documents are needed when selling a house. Only some still have certain questions. For example, what can be called a title document. Both a notary public and a potential buyer are entitled to request it. This is a normal requirement, it is associated with attempts to protect yourself from scammers.
The title documents include:
- deed of gift;
- will;
- certificates of acceptance of the inheritance;
- purchase agreement;
- exchange agreement;
- certificates on the allocation by the state of a particular housing;
- mortgage agreement;
- privatization agreement.
These are the most common documents establishing the rights of citizens to a particular property.
Legislative changes
Russian legislation often makes certain adjustments to legally relevant transactions. Since 2017, citizens have been faced with the abolition of certain property certificates.
The thing is that you can no longer request:
- cadastral passport;
- registration certificate of housing;
- certificate of ownership of the property.
Instead of these components, a USRN statement is now issued. It is advisable to order it immediately before the transaction. However, the exact validity of the certificate from the Real Estate Register in Russia is not.
Conclusion
Are you planning to sell a house? Now everyone can prepare for this procedure in advance. The information studied is useful to both buyers and sellers, because fraudsters can meet on both sides. No one is safe from this.
In fact, selling a home without underage children is pretty easy. Especially in the presence of a marriage agreement.
Important: the act of acceptance and receipt of receipt of funds for housing are drawn up in a notary's office.