Judicial practice under art. 558 Civil Code of the Russian Federation

Currently, the most common transaction with living quarters is their purchase and sale. The owner and the acquirer of the real estate conclude the contract. When making a transaction, the parties are guided by art. а также иными нормами Кодекса, регламентирующими куплю-продажу недвижимости. 549, 558 Civil Code, as well as other norms of the Code, regulating the purchase and sale of real estate. In accordance with the contract, the owner undertakes to transfer the premises, and the buyer - to accept it, having paid the amount agreed by the parties. Some peculiarities of registration of the contract are regulated by art. . 558 Civil Code of the Russian Federation . Consider it.

General information

As indicated in Part 1 of Art. , в качестве существенного условия договора о продаже жилплощади (дома, квартиры или их частей), в которой проживают субъекты, сохраняющие право пользования ею после покупки объекта приобретателем, выступает приведение в документе перечня данных лиц с указанием на их юридические возможности. 558 of the Civil Code of the Russian Federation , as an essential condition for the agreement on the sale of housing (home, apartment or parts thereof) in which residents who retain the right to use it after acquiring the property by the acquirer, is listing in the document the list of these persons indicating their legal capabilities. The agreement is obligatory subject to state registration. The corresponding rule fixes Part 2 of Art. 558 Civil Code of the Russian Federation. The contract will be deemed to be concluded from the moment of registration. In part three of Art. устанавливается, что особенности купли-продажи помещений, которые соответствуют условиям отнесения их к жилью экономкласса, закрепляются законом. 558 of the Civil Code of the Russian Federation establishes that the features of the purchase and sale of premises that meet the conditions for classifying them as economical class housing are fixed by law. These requirements are determined by the authorized federal authority.

Art. 558 Civil Code of the Russian Federation with comments

In the norm in question, the peculiarities of the sale of premises in which persons who have an independent right to use their property reside. For example, a transaction is made with the object in which the relatives of the owner live. In such situations, in accordance with Art. а также 31 статьей ЖК, члены семьи сохраняют свое право на использование помещения. 292, 558 Civil Code, as well as 31 articles of the Housing Code, family members retain their right to use the premises. Such a situation is also possible with the alienation of an object purchased under an rental agreement, if as an essential condition it is the residence of the seller in the living space. As part 1 of Art. , перечень субъектов, имеющих соответствующие права, должен приводиться в договоре. 558 of the Civil Code of the Russian Federation , the list of entities that have relevant rights should be included in the contract.

Execution of the agreement

The parties conclude the contract in a written (simple) form. The agreement is one document that is signed by the parties. Participants in the transaction have the right to provide for a notarial assurance. The terms of the agreement are established by the parties, except for those determined by legislative or other regulatory enactments. The contract will be deemed to be formalized if the parties have reached agreement on its main points.

Essential conditions

They include:

1. Subject of the transaction. As the room serves. The contract must contain information that allows you to definitely identify the object to be transferred to the acquirer. The compulsory information includes, among other things, data on the location of the structure (part thereof) on the land plot, apartment (part thereof) in the house.
2. The cost of the room. The price can be specified for the whole object or unit of area. If the transaction is made using installments, the terms, order and amount of payments are indicated.
3. ). The list of citizens, which, on the basis of the law, retains the right to use the facility after its sale ( Article 558 of the Civil Code of the Russian Federation ). They include, in particular, the close owner, tenants and their relatives, tenants, persons exploiting the premises in connection with the testamentary refusal.
4. The term of the purchaser's fulfillment of the obligation to pay the agreed value of the object.
5. Conditions for the quality of the room.

Gosregistration

About it it is spoken in the second part of art. . 558 Civil Code of the Russian Federation . A contract that has not passed state registration will be considered non-concluded. The procedure for this procedure is fixed by the instruction approved by the order of the Ministry of Justice from 2001. Its provisions apply to private houses, apartments and their parts. To carry out state registration, parties to the transaction are provided with identity documents, a contract and a statement. Attached are:

1. Site plan (if a private house is sold), certified by the body that carries out cadastral work. As a rule, it is the committee on land management.
2. The plan of the premises, certified by the bodies authorized to carry out the technical inventory and state property accounting. If it does not contain the complete information required to enter information in the USRM, an additional document containing the required data is provided.
3. Information about citizens who have the right to use the premises, certified by an employee responsible for registering persons at their place of residence / residence. Documents are provided in originals and copies.
4. Consent of the guardianship and trusteeship authority for the transaction, if the proprietor of the premises is a minor, a partially incapacitated or completely incompetent citizen, and also if the relatives of the owner who have not reached 18 liters live in the alienated area.

If the subject of the contract is a share in the law, documents must be provided that certify that the seller has notified other participants of the property of their intention with an indication of the conditions and the price for which he plans to do so.

Nuances

The instruction also includes the consent of the spouse for the conclusion of the contract to the number of mandatory and necessary documents for the state registration of the transaction. It must be executed in writing and notarized. This rule is valid in the case when one of the spouses is the buyer, and the premises are acquired in their joint ownership.

Judicial practice under art. 558 Civil Code of the Russian Federation

Sales and purchase transactions are subject to provisions regulating liability, including repayment of obligations and liability for the admission of violations. In accordance with the contract, the seller must provide the purchaser with premises that are not burdened with the rights of third parties. If this requirement is violated, the court may charge the seller with a duty to recover damages that the buyer has incurred. Exceptions are situations where the acquirer agrees or should (by virtue of the law) accept an object with encumbrance of the rights of third-party citizens. If the seller has been seized from the seller to repay the obligations that arose before the conclusion of the transaction, he must also compensate the buyer's losses, unless he proves that the latter knew or should have known about the existence of the debt.

Specificity of responsibility

Alienation of an object does not eliminate the obligations of third parties to the buyer, if they are established by law. For example, the developer is responsible for the normal, safe operation of the structure. Acceptance of the premises by the purchaser, which does not comply with the conditions stipulated by the agreement, does not act as a basis for exoneration of the owner from responsibility for improper performance of the contract. This rule also applies when the discrepancy is stipulated in the transfer act.

Disadvantages of property

If the defects of the object were not specified by the parties and were revealed later, the acquirer may require their elimination, compensation of the buyer's expenses if he performed the correction himself, or the cost reduction. If the discovered shortcomings of property are material, the buyer has the right to refuse to fulfill the terms of the transaction. In this case, he may demand a refund of the amount paid to the seller. The latter, in turn, is exempted from liability if it can prove that the defects occurred after the object was transferred to the new owner.

Legal documents

Their details are necessarily specified in the contract. In practice, the ways of acquiring property are very diverse. The most common methods are considered to be privatization and purchase of real estate due to civil law transactions. The latter includes, among other things, buying and selling. When privatized, a contract is drawn up with the registration authority, executed by the owner and organization responsible for the operation of the facility. As a rule, it is the DES, Housing and Public Utilities, RER. For some civil law transactions, a mandatory notarization is provided. This, however, does not apply to buying and selling. But at the request and agreement of the parties, notarization can be carried out. In this case, the contract must include the name of the person who certified the transaction. In addition, the document specifies the details of the entry in the register (date, number).

Conclusion

Currently, most contracts for the sale and purchase of housing is through the intermediation of real estate agencies. Such companies provide a full range of services to support transactions. The agency employs competent lawyers who understand the intricacies of legal issues. At the same time, experts recommend taking a responsible approach to choosing an intermediary. The agency must have some experience in the market, a good reputation. We should also not forget that intermediaries take a certain commission for supporting transactions. As a rule, it is charged to the seller. The transaction can be executed without the intermediary's participation. In this case, you need to know not only the general provisions of articles regulating the sale-purchase relationship, but also some of their subtleties.