How to sell an apartment on your own? The tax for the sold apartment. Real estate for sale without intermediaries

Is it possible to sell property without intermediaries? In order to answer this question, it is necessary to understand why the owners of real estate appeal to them. By resorting to the services of agencies, many people mistakenly believe that it takes on full responsibility for the apartment bought with it. This reason for resorting to mediation services does not make sense. In accordance with the law, the contract of sale and purchase is concluded by the seller and the buyer, and the real estate office is simply an intermediary. It does not bear any legal and financial responsibility. This is necessarily stipulated in the agreement on the provision of services between the client and the agency. At best, it will be able to represent the interests of the seller in the proceedings.

Many use the services of intermediaries to avoid unforeseen situations or scammers. Knowing how to independently sell an apartment, namely all the threats and subtleties at each stage of the transaction, you can maximally secure yourself and do without the help of the agency.

The realtor does laborious work, therefore the professional's fee is high. But a large percentage of people willing to make an effort and save money, still resorts to the services of intermediaries. The reason is one - they do not know how to sell an apartment without a realtor. After acquainting with all the stages of the procedure for buying an apartment, you can safely do without intermediary services.

The first steps: how to evaluate, put up for sale and organize the viewing of the apartment

How to self-sell an apartment and where to start? Before the transaction, you must go through the first three steps to sell any property:

1. First of all, you need to set the price of the apartment correctly. To do this, you need to study similar property offers. With the help of advertising newspapers, the Internet to find ads for the sale of apartments in the same area of the city with approximately similar parameters: status, area, location and other. You can call several similar options and specify in more detail all the details, as well as ask how long the apartment is sold. Forming the value, it should be noted that the buyer can bargain. Usually, the auction is up to 5% of the desired price.
2. Having established the approximate cost of an apartment, it is necessary to attract the attention of as many potential buyers as possible. It is necessary to place an advertisement in popular advertising publications, free newspapers, post it on Internet pages and paste it on special information boards. The advertisement should briefly contain all the information about the apartment and the telephone for contact. To potential buyers do not call around the clock, you can specify a certain time for calls. You need to update your ad as often as possible.
3. All sellers, and especially women who are interested in how to sell the apartment itself, will benefit from advice at this stage. To visit buyers should be treated with caution:

• Appoint appointments in the daytime, better on the day off;
• Be at a meeting preferably together with someone you know;
• To remove valuables and money from prominent places;
• Never show original documents before the transaction, only photocopies.

Receiving a deposit

You do not need to rush to remove ads for sale, suddenly a person changes his mind, and the seller will lose a potential client. Having agreed on the price, it is necessary to offer the buyer to make an advance payment. Those who are independently engaged in the transaction and study how to sell an apartment without a realtor, you need to know - legally, this moment can be formalized in different ways: to write an advance agreement (a receipt for an advance payment) or draw up a preliminary agreement on the deposit. For convenience and safety in this contract of sale, you need to make a full description of the object being sold and the terms of the advance. Then, in the event of the refusal of the transaction, the buyer will also be obliged to refund penalties.

How is the contract of sale?

The main step in this process is to correctly draw up a contract of sale, which should be ready 2-3 days before the appointed time of the transaction. The form of this document is chosen: notarized or simple written (PPF). Both types of registration have the same legal force. However, those who study how to independently sell an apartment in a mortgage, you should know that in this case, according to the legislation, the form of the contract should be only notarized.

Drawing up an agreement PPF - more economical and costs about 50-70 dollars. In the notarial form of the document, the notary takes an additional percentage of the sale amount. Of course, the cost of this type of clearance will cost significantly more, so without the need not to choose the notarial form of the contract and spend extra money.

PPF-contract can be made by yourself or ask for help from a lawyer. In any case, you need to carefully study the contract of sale of real estate and carefully check each of its points:

• Who sells to whom and to whom (name and passport details);
• Address and full compliance with the main parameters prescribed in the agreement by BTI certificates - ф № 11А and ф № 22А;
• Terms of sale, the price of the apartment and the form of mutual settlement;
• The correctness of the title documents described in the contract;
• The time for the release of an apartment and the discharge from it of registered persons, as a rule, is 14 days.

Registration of the contract of sale

The most convenient and safe way of mutual settlement is a bank cell. It is advisable to open it in a reliable bank located in a neutral territory. The banking cell will guarantee that the seller will receive his money immediately after completing all the necessary documents.

After the money is placed in the cell of the bank, it is necessary to hand over the contract for the sale of real estate with signatures and such documents to the Federal Service for State Registration (FSGRKK):

• The title deed to the apartment being sold (purchase and sale agreement, certificate of the right to inheritance, as well as any other confirming the owner's rights);
• Cadastral passport of the apartment, obtained from specialists of BTI;
• A copy of the financial and personal account (AKC) in the original and an extract from the home book;
• The original of certificates Ф № 22А (obligatory) and Ф № 11А (on necessity), received in BTI;
• Photocopies of passports of all participants in the transaction;
• For women studying how to sell an apartment itself, you should know that the consent of the husband prescribed in the apartment is required, and for the man - the consent of the wife;
• If there are children, then in some cases the permission of the guardianship authorities will be required;
• In the case when the apartment is communal, you need the refusal of neighbors (if they are owners of other rooms) or the city (if the remaining rooms are not privatized);
• Other documents are at the discretion of the registration officer (birth certificates, deaths and others).

If the registrar accepted the documents, then everything is arranged correctly. This employee will give a receipt in the reception of documents and appoint a time when it is necessary to pick up. As a rule, documents in the FSKRMC are registered on average two weeks, then the registered purchase document is issued to the buyer and seller. Both parties need to carefully check the contract for misprints and errors. If all is well, then the seller needs to get the key from the banking cell from the buyer .

Why do I need a transfer certificate?

The release of the apartment is in accordance with the arrangements prescribed in the contract of sale. The transfer act is an important document that is drawn up during the transaction in an arbitrary form. It details the state of the apartment. Sometimes the contract of sale replaces it, but it is better to make such paper separately. Of course, it is possible to reach oral agreements, but it is more reasonable to protect yourself. An important point for sellers who are studying how to sell an apartment without a realtor: until the transfer certificate is signed, the seller is responsible for the physical condition of the apartment (flood, fire, theft), and also pays all utility bills.

In which cases is the tax paid?

All sellers are interested in the question of whether it is necessary to pay tax for the apartment sold. In the legislation there are such important points:

• If a person has owned an apartment for 3 years or more, then upon its sale the owner is exempt from taxation in accordance with clause 17.1 of Article 217 of the Tax Code of the Russian Federation, but still must file a zero tax return;
• When the seller owned less than 3 years of housing, he, according to paragraph 1 of Article 220 of the Tax Code, is obliged to pay 13% of the tax on the amount, the scheme of calculation which the owner chooses at his own discretion.

Two calculation formulas for tax:

• Formula 1 : from the profit for the sale of the apartment subtract the cost of its purchase;
• Formula 2 : from the amount for the sale of an apartment to take 1 million rubles.

Those who deal with the issue of "how to sell an apartment yourself" and do not know all the subtleties of legislation, useful useful information:

1. If the apartment was purchased at the current sale price or higher, it is better to use the first calculation formula, since the tax amount will be negative, so you do not need to pay anything. For example, the owner bought an apartment for 2 million rubles two years ago, and sold now for 1.8 million rubles, then according to the formula 1.8 million rubles. - 2 million rubles. = -0.2 million rubles. - the tax on loss is not paid.
2. When the apartment got almost free (by inheritance, donative), it is more reasonable to take the second formula for calculation.
3. According to clause 1 of Article 229 of the Tax Code of the Russian Federation, it is necessary to file a tax return at the seller's registration place in any case until April 30 of the year following the year of sale. The calculated non-zero tax must be paid before July 15.

Sale of apartments by proxy

When there is a shortage of time for a labor-intensive process for the sale of housing, a power of attorney is often issued. For example, it will be a reasonable solution in the case when several owners own one property. Sale of apartments in this case is as follows: all the owners make out for one, less busy person all the deals connected with the transaction. Regardless of the reason for drawing up a power of attorney, there is a very important point: in order to avoid trouble and not to stay without housing, it is necessary to clearly state the powers of the trustee.

Very seriously and vigilantly you need to approach the general power of attorney. It allows the authorized person to make any kinds of transactions with property and dispose of it at his discretion, for example, to sell it and get yourself money. The General Power of Attorney is issued by a notary only after a thorough check of the principal for the extent to which he understands the purpose of signing such an important type of document.

There are cases when the buyer wants to hedge and requires entering into the contract of purchase and sale an item on the confirmation of the transaction by the owner of the apartment. Then you can sell the apartment by proxy only after the statement of the principal, written by the notary, about the validity of the sale transaction.

In the case when the need to use the services of a trustee has ceased to be relevant, the power of attorney can be withdrawn even before the expiry date. The information on the revocation of the power of attorney is recorded in the information database of the Notary Chamber.

Sale of an apartment in which the child lives

Almost every family has children. Therefore, for parents, sellers, the question is very relevant: "And in this case how to sell an apartment?" With a child you need to reckon and in no case infringe on his interests, otherwise the sale of housing will be problematic. This is followed by the guardianship authorities. The procedure for buying and selling transactions can be of two types: the child is registered in an apartment or is the owner of a share of housing.

According to the provisions of Art. 26, 28 of the Civil Code of the Russian Federation, juvenile and underage children only have the opportunity, under the consent of legal representatives, to carry out a strictly specified range of transactions, including those where real estate participates. To sell housing in which the minor is registered, but is not the owner, it is possible without the permission of bodies of guardianship. The exception is children deprived of parental care or under guardianship. In this situation, a special permit of the guardianship service is required. In any case, before selling the apartment, you need to find a new place of residence for the child, since children at the time of discharge at one place of residence must immediately register for another. At the same time, new housing should be with the same or a larger area and with similar living conditions. If the rights of the minor were not infringed in anything, then there will be no problems with the sale of the apartment.

If the child is the owner of a part of the apartment, then the corresponding consent of the guardianship authorities and guardianship is required. This should be taken care of in advance, before the sale of housing. You need to contact the guardian organization at the place of registration of the minor child and find out whether it is possible to sell the apartment in general, depending on the particular case. If the transaction is provided by law, then it is necessary to find out in what terms the authorization for the sale will be prepared, and to collect the necessary certificates. Then, when the sales document is drawn up, the seller without the child (if he is under 14 years of age) or with him (when he is over 14 years old) comes to the guardianship and custody agencies to fill out and sign the application. The second guardian (spouse, even if the couple is divorced) must also be present and give consent. Then on the appointed day you can get a ready permit.

Exceptional cases:

• If you plan to change your residence in connection with moving to another locality, the transaction is possible only with the permission of the guardian organization, and the amount received for the apartment is transferred to the bank account of the minor. Parents are given 3 months from the date of sale for the purchase of new housing and registration of a similar share in the property of the child. Otherwise, the guardianship authorities reserve the right to cancel the contract of sale.
• When moving to a permanent residence outside the country, it is necessary to submit to the guardian organization a list of certain documents received from the OVIR.
• If new housing is being built, then to obtain the consent of the guardianship authorities, it must be at the final stage of construction. A juvenile temporarily need to register somewhere (from friends, relatives). When applying for permission to the guardian organization, a contract is made with the developer company, which reflects the child's participation.

Options for selling a privatized apartment

The simplest way to sell privatized housing is to sell it to one buyer and divide the profit according to the share of each. It is also possible that one of the owners redeems all other shares from other owners. Here everything is simple, and the scheme of the transaction is standard. But often it happens that one of the owners refuses to sell. How to sell a privatized apartment in this case? Here everything depends on how the real estate is divided.

If the apartment is divided into parts by the meter, then first you need to write a notary notice of the sale, indicating the size and desired value of your selling space, and send it by registered mail to the other owners. In accordance with Art. 250 Civil Code they have an advantage over other buyers. If within 30 days other owners did not respond to the agreement or refuse to purchase, then under Art. 250 Civil Code can exercise its right and sell a share in a joint apartment to any other person.

When the apartment is divided in percentage, then it is impossible to sell it without the desire of the others, but you can get money for your share voluntarily or compulsorily by applying to the court.

If there is a minor child's share in the privatized housing, you can sell the apartment by obtaining permission from the guardianship authorities.

Sale of a given apartment

A person who has a gift certificate can dispose of the property at his own discretion. If the owner wants to sell a donated apartment, in which he is the sole owner, then the sale goes according to a common standard scheme. Having received money for real estate, the seller must pay a tax. How to choose the tax formula correctly and profitably, we considered above.

When a share of an apartment is received as a gift, which is divided in percentage or by the meter, the sale scheme is similar to that described in the section "Options for selling a privatized apartment".

Sale of an apartment in a mortgage

Despite some of the obstacles that accompany transactions with mortgage property, sell an apartment in a mortgage is real. You can perform this operation in several ways:

1. Early repay the loan by paying it off with your savings or, if the buyer agrees, at the expense of the advance received from it.
2. You can sell an apartment without first paying off your loan debt. To do this, you need to write an application to the bank and wait for consent. He can refuse if the sale occurs during the moratorium on the early closure of the loan. If the bank agrees, but insists on its participation in the transaction, then it opens two banking cells: the first buyer places the repayment of the loan, the second - the remaining difference. After the removal of the encumbrance from the housing, a purchase and sale transaction is made. In this case, even when selling an apartment without a realtor, you will have to pay the bank a commission for opening the cells and escorting the transaction.
3. If the creditor agrees to sell without prior repayment of the loan debt and agrees not to participate in the transaction, then it is necessary to conclude a preliminary purchase and sale document. Then, having paid for the loan money received from the buyer, the owner receives documents for lifting the ban and goes to the registration chamber. Next, the seller completes the transaction with the notary.
4. You can sell the apartment together with a loan. The buyer must submit to the bank all the necessary documents confirming his solvency, and he already decides on the option of replacing the borrower. With a positive decision, property rights are re-registered, real estate remains in the mortgage, and the seller receives the difference between the cost of the sold apartment and the balance of the debt without the creditor's participation.

Conclusion

It turns out that different apartments: privatized, the one whose owner is a child, mortgage, donated - can be sold without the help of a realtor, knowing all the steps of the transaction from setting the price to receiving a sum of money. Having an idea of the dangers and subtleties of this process and having put a lot of effort and time into the transaction, you can independently sell your apartment.