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passports of both parties;
certificate of ownership of real estate (from the seller);
if the apartment is owned by several citizens, then their written consent to the sale, certified by a notary, is required;
when real estate is purchased with joint funds of spouses, written consent from the other spouse for the sale, certified by a notary, is required;
if one of the owners is a citizen under 18 years of age, then it is necessary to provide permission for his release and sale of the object from the guardianship authorities;
extract from the house register;
cadastral and technical documentation, plan;
certificate of no debt;
advance agreement.

Procedure for purchasing an apartment without a realtor

If in the primary market the services of a realtor who helps the buyer choose and purchase an apartment are paid by the developer, then in the secondary market the seller or buyer pays the realtor a commission himself. Many St. Petersburg real estate agencies have several standard service packages offered to clients. The extended package includes conducting a turnkey transaction, starting from the assessment and advertising campaign of the property (for the seller) or the search for a suitable option (for the buyer) and ending with the registration of the transfer of rights and the transfer of the property upon sale or purchase. Clients can also order only the execution of the transaction if the seller and buyer have already found each other and agreed on everything.

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Do you need a realtor when buying an apartment on the secondary market with a mortgage?

At this stage, you may need to make an advance or deposit. The difference between these concepts is that if a future transaction is canceled due to the Buyer’s fault, the advance payment will in any case be returned to the Buyer. In such a situation, the deposit remains with the Seller. But in case of cancellation of the upcoming transaction due to the fault of the Seller, the deposit must be returned in double amount. Please note that in both cases, the deposit of funds to the Seller must be documented and correctly (for example, according to the law, the money you deposit is not always a deposit, even if you have prescribed it)! If, when making a deposit, the documents are drawn up incorrectly, Sellers, in the event of the situation described above, try to take advantage of this legal loophole in order to return the deposit in a single amount.

What you need to know and what to pay attention to when buying an apartment on the secondary market

passport details of each party or a general power of attorney (notarized), in the case of acting as one of the parties' representatives;
application for registration of rights, the application is submitted to the relevant institutions or online resources;
contract of sale;
in case of a transaction with a legal entity. the person provides constituent documents;
act of transfer or acceptance of housing;
extract from home books and information about persons discharged;
receipt of payment of state duty;
permission from the guardianship and trusteeship authorities (if the situation requires);
permission from the spouse, notarized (if, again, the situation requires);
. bank agreement in writing (in the case of mortgage lending).

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Recommendations for the correct purchase of an apartment with a mortgage without a realtor: step-by-step instructions

Even though the bank checks the purity of the transaction from a legal point of view, you should not let down your vigilance. When a contract includes a person under the age of 18, it is necessary to obtain the consent of the body carrying out activities in the field of guardianship. The child must be allocated a share in other housing.

When it comes to registering a mortgage relationship, take into account the requirements established by banks for the object acting as collateral. What is important is its cost, wear and tear, how many years have passed since construction, what material it is made of, and whether redevelopment has been carried out. If you initially take this into account, you will immediately discard unsuitable options.

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How to buy an apartment without a realtor

When moving to another city, the owner of the apartment can sell it on his own, without contacting realtors. First of all, he places advertisements on Internet sites and in newspapers in order to find a buyer.
At the same time, all documents necessary for the sale are prepared - guardianship permission, extract from the Unified State Register and other types of certificates.
The seller must correctly evaluate his apartment; this can be done independently or with the help of specialists.
Potential buyers will immediately ask for documents on ownership of the property and a technical passport, these must be provided.
To speed up the process, you should check out everyone who is registered in it from the apartment in advance; this will be reflected in the extract from the Rosregistry.
Buyers inspect the apartment, study documents, ask many questions about the quality of the walls and floors, sound insulation, and water supply system. If the price and quality suit the buyer, you can begin signing the purchase and sale agreement. This must be done in the office of a notary, who will immediately record the transaction and put a stamp on the agreement.

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How to buy an apartment on the secondary market: step-by-step instructions, tips and recommendations from experts

Economy class. Housing in old buildings, no more than 2-4 floors high. The layout is inconvenient, the total area of the apartment and individual rooms (kitchen, bathroom, toilet) is very small. Sometimes the necessary communications (water supply, sewerage, gas pipeline) are missing.
Standard housing. Apartments in standard buildings ranging in height from 5 to 16 floors. 1, 2 and 3 bedroom options available.
Improved housing. Real estate in modern buildings. It features convenient layout and increased comfort.
Elite housing. Typically, houses have no more than 30 apartments, often the living space occupies an entire floor. They are highly comfortable. A prerequisite is the presence of a closed, landscaped internal area (elevator, concierge, parking, security, children's playground).

passports of the buyer and seller;
title papers for real estate;
certificate of family composition (confirms the absence or presence of registered citizens in the apartment);
extract from the Unified State Register of Real Estate (confirms ownership);
a certificate from the BTI about the current cost of the apartment;
an extract from the EIRC (necessary to confirm the absence of debt on utility bills at a specific address);
consent of the spouse to sell the apartment (if the seller is legally married);
registration certificate;
receipt for payment of state duty.

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Do you need a realtor when buying an apartment with a mortgage on the secondary market?

In order for the purchase to be profitable, you need to know the intricacies of choosing an apartment and completing documents before and during the transaction. Before you start looking for an apartment, you need to familiarize yourself with the rules of the real estate market and study in detail the current housing situation in the region or area of interest.

Although the seller must reimburse double the value of the deposit, the law does not contain such an obligation. When it comes to making a deposit or advance payment, you must be careful. As a rule, the seller asks for an amount ranging from 50,000 to 150,000 rubles, and if it is more, then you need to think about whether he is a scammer.

Do you need a realtor when buying an apartment on the secondary market with a mortgage?

Even at the stage of determining the right apartment, you will have to answer an important question: do you need help in finding and buying an apartment? You can do everything yourself, or you can hire a professional who will take on the bulk of the work. This will help save energy and nerves, but will cost significant money.

Choose an agent, not an agency. As a rule, the integrity of an organization depends on the employees who work in it. Therefore, it is worth looking for a specific specialist with experience. To do this, you need to conduct a survey among friends who have ever collaborated with an agent and contact him. At the same time, there is a chance that the “introducing” commission will be slightly lower.

What is the procedure and procedure for buying an apartment without a realtor?

Buying an apartment without the services of a realtor will allow you to save a significant amount, however, you need to understand that you are also taking risks (See: What are the pitfalls when buying an apartment on the secondary market?). If you believe statistics, then of the number of unsuccessful real estate transactions, only 10% are transactions made with the participation of a real estate specialist. Where to begin?

If you decide to acquire your own square meters, but are not ready to pay for the services of a realtor, you will have to thoroughly prepare for the purchase. The first thing you need to know is what is the procedure for purchasing an apartment . So, below you will find detailed information on the procedure for purchasing an apartment without intermediaries.

How to buy an apartment on the secondary market yourself without a realtor and experience in 7 steps

So, the first options have appeared from which you can choose. Don’t be lazy to examine everything that is offered to you! Do this carefully and meticulously, delving into every detail. Remember that the seller is not interested in telling you the truth. His task is to sell the apartment faster, so apart from rave reviews about it, you will not hear anything from the seller. Everything you see for yourself will not only be the basis for your purchasing decision, but also arguments when discussing the final price. Carefully record even the slightest imperfections!

The process of buying and selling an apartment takes place in several stages: After an agreement has been reached with the seller, the right to continue the procedure is obtained by making a deposit (advance payment), usually amounting to several percent of the total cost of the apartment. The deposit agreement specifies the time frame within which the seller must prepare documents to complete the transaction. The parties also stipulate who will bear the costs of preparing documents, services during the transaction and registration.

26 Jan 2020 etolaw 237

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Do you need a realtor when buying an apartment with a mortgage on the secondary market?

If, after concluding a purchase and sale agreement, but before registering the transaction, it fails due to the fault of the buyer, then the deposit remains with the seller. If the seller changes his mind about selling the apartment for any reason, then he is obliged to reimburse the buyer an amount equal to two deposits.

Having a realtor when applying for a mortgage on a property under construction becomes impractical. In this case, the banking organization will give the buyer a list of objects that have been accredited, and he will only have to choose. Transactions aimed at purchasing housing from a developer are problem-free.

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Do I need to pay a realtor when buying an apartment with a mortgage?

Good evening. The question is this: we take out a mortgage, the realtor says that we need to make an advance payment as a deposit and I will pay for the agency’s services at the end of the transaction, but the amount will be included in the price of the apartment, is this true?

Answers from lawyers (2)

Paul! You are not taking out a mortgage, you are taking out a mortgage loan at extortionate interest rates.

I would not recommend you to take out a mortgage loan. In real terms, this is just robbery. In the end, you may lose both your apartment and your money. And besides, you will still have to stay.

Consult not with realtors who are interested in selling, but with a lawyer who will tell you all the pros and cons of your action. And only then do it.

[Civil Code of the Russian Federation] [Chapter 23] [Article 380] 1. A deposit is recognized as a sum of money given by one of the contracting parties against payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution. 2. The agreement on the deposit, regardless of the amount of the deposit, must be made in writing. 3. In case of doubt as to whether the amount paid towards payments due from the party under the contract is a deposit, in particular due to non-compliance with the rule established by paragraph 2 of this article, this amount is considered paid as an advance unless proven otherwise.

4. Unless otherwise established by law, by agreement of the parties, a deposit may be used to secure the fulfillment of the obligation to conclude the main agreement on the terms provided for by the preliminary agreement (Article 429).

To understand who will pay for the agency’s services, see the service agreement. The amount of the agent's fee will be included in the price of the apartment only if the agency services are paid for by the real estate seller.

And please clarify what you are paying the deposit for: for the services of an agent, for the property being purchased, or for opening a mortgage?

All rights and obligations of the parties must be determined by a written agreement. If all your agreements with the agent are in words, then after the transaction the parties may come to different conclusions about who pays for what.

Find out once and for all who pays the realtor when buying an apartment with a mortgage, the seller or the buyer, so that there is no doubt.