You decide to buy a home - an apartment or house? How to find a suitable option to meet your requirements and financial capabilities? What is important to consider in the purchase contract? Discover the easiest and fastest way to find housing in the property.
How to buy a home - the options
The first step is to decide whether you're ready to buy or invest in housing construction. The finished house is well that it can immediately be occupied and used. Instead, housing purchased during the construction phase, will be cheaper ready-percent to ten, fifteen, and to pay a fee can be phased. In addition, many developers are offering to buy completed apartments and houses in installments, stretching payments for a period of six months to five years. The lack of payment by installments is that ownership of the house you will be able to issue only after the final payment to the seller.
If the initial payment for the acquired dwelling over 50% of the purchase price, as a rule, interest-free installment plan will be, if it is below - for the use of deferred interest is calculated. Payments are made monthly or quarterly.
How to find a home for sale
Ads of housing for sale are published in newspapers, catalogs, real estate, electronic databases on the Internet. You are free to engage in finding housing, placing more ads on intention to buy a home and choosing the appropriate options from the existing proposals. In this way you will spend a lot of time and effort. Sale of housing is often embellish his performance, and on closer examination many tempting offers fall short of your requirements. So, before you reach the desired result, will have to spend considerable time and energy wasted.
In addition, a lot of trouble involves verification of legal purity of the prospective transaction. Simply put, before you pay for housing, you need to make sure the seller has full rights to implement the housing. If the purchase and sale for any reason be invalid, the buyer is a risk left with nothing - no home and no money spent on it.
When buying a home from a private individual buy-sell transaction may be invalidated on the grounds that at the conclusion of her husband's rights were violated seller, minors, disabled people, people who are in prison, or family members who are entitled to share of this housing.
Buying a house under construction, you must ensure that the firm and the vendor has the right to raising funds from shareholders. Federal law for participation in the joint construction to conclude contracts with buyers of housing investment is allowed only to those entities that have formalized the right of ownership or lease of the land, building permit and the project declaration.
Checking the legal purity of the transaction - this is a great and serious work that requires special knowledge and good connections to the registration authorities and passport offices, and do it properly only by a professional real estate - realtor.
With the help of a realtor or broker to search for a suitable home purchase will go faster and will require you a lot less time, but a lot more money. Agent will undertake negotiations with the sellers of housing, explore all the options offered to meet your needs, and you will be offered for inspection only those cases that really deserve attention.
In addition, the realtor will prepare you for a contract of sale will help formalize the calculation of the seller and the state registration of property rights for the purchased property.
Most often, realtor fee is set as a percentage of the amount of purchased housing. Depending on the complexity and cost of housing is implemented in different cities, it can range from 1% to 4% of the cost of housing. Most large agencies can set price list with fixed prices for each type of real estate services.
Because of the estate, which you refer, will depend on the speed of the transaction and, most importantly, the integrity of the transaction, it must be chosen with care. It is best to deal with companies that operate in this area for at least several years and have earned a good reputation among customers.
How to make an agreement to purchase housing
The contract for the purchase of housing has different forms, depending on what kind of housing, and from whom you purchase it.
Buying a house in the secondary market from a private individual, you sign the sales contract in writing which shall be signed by the seller and buyer. Such an agreement is not required to certify a notary, although if you want you can and reassure. But if you are married, the contract will need to attach a notarized consent of your spouse to purchase housing. We also need to attach to the contract notarized consent of the spouse seller of housing for the transaction of sale, if the housing was purchased by the seller during the marriage (except in cases where the ownership of housing has arisen as a result of privatization, the gift or inheritance).
"You must specify in the contract there are no encumbrances and third party rights, obligations and terms of withdrawal of the owner and his family off the register (from family members - nonowners - must get a written statement to the commitments to withdraw from the account) and the actual transfer of the apartment to the buyer" - explains Oleg Samoilov, CEO of "RELAYT Real Estate." According to him, is of fundamental importance specified in the contract price of the transaction. In the present widespread practice of underreporting in the contract of sale prices of real estate acquired in transactions with apartments owned by the sellers less than three years. In this way, sellers avoid paying tax on income of natural persons. "I do not advise you to go that way, - said Oleg Samoilov. - If in the future contract is terminated or declared invalid, the main factor to be taken into account when determining the size of the court the amount to be returned to the buyer, will be exactly the number that is specified in the contract. "
Also, if you buy a house for the first time, agreed to specify in the contract less the price of purchased housing, you lose the ability to make full use of tax credit, which gives the right to a refund of the purchase price of housing. The fact is that home sellers who own them at least three years, property tax deduction allows you to withdraw from the tax revenue of $ 1 million. Seller, of course, it is advantageous to specify the price not more than 1 million rubles. At the same time, you as a buyer, you are entitled to reclaim 13% of it spent on housing amounts to a maximum of 2 million rubles. And 13% of 1 million rubles or 2 million rubles - this is a very significant difference.
Buying an apartment in a newly built house is only possible under a contract of participation in share construction concluded in accordance with the Act of December 30, 2004 № 214-FZ. This agreement shall contain a determination to be transferred to a specific apartment according to project documentation builder, date and mode of transmission builder flat share party construction contract price, terms and procedure of its payment. In the agreement the equity must be specified warranty period for the object of shared construction - the period during which the investor has the right to present demands to the quality of the property. By law, the warranty period shall not be less than five years.
If the contract involves the equity payment by installments, it shall indicate the amount of payments, the repayment period, the amount of interest on deferred payment.
When buying a home during the construction phase, use one of two schemes: buying a home under the investment agreement and registration of land ownership in the property while the conclusion of the prime contract for construction of houses. "When you buy land with utilities in the contract spells out the conditions under which and the form in which the developer fail all the necessary communications to the boundaries of the site - stresses the Winkies, Sergei, Head of Marketing and Development Group," Conti ". - For the buyer the greatest risk is a situation where the developer for any reason will not let communication. The owner of the site do so on their own will be very problematic. "
How to make a deal to acquire housing
Ownership of the housing occurs after the state registration of transfer of ownership of real property and issue the buyer a certificate of registration of ownership of a dwelling. For state registration of property rights will be charged state tax.
For registration of the sale of residential premises in the secondary market buyer and seller must sign a sales contract and deed of assignment. After calculating the buyer and seller sales contract and deed of assignment transferred to the state registration of transfer of ownership rights to the territorial office of the Federal Registration Service (FRS). These included documents required by the authorities FRS: an application for state registration of the transfer of property rights, the state duty payment receipt, proof of ownership to the seller realized a dwelling, a certificate Bureau of Technical Inventory (BTI) on the carrying value of the apartments, housing and operational information organization of the absence of arrears, etc.
State registration is usually issued within 30 days from the date of submission of all necessary documents.
The contract of participation in joint construction also must undergo mandatory state registration. Settling into the apartment is only possible after the actual transfer from the developer to the buyer after receiving the completed house in operation and registration of property rights.
How to buy a home - the options
The first step is to decide whether you're ready to buy or invest in housing construction. The finished house is well that it can immediately be occupied and used. Instead, housing purchased during the construction phase, will be cheaper ready-percent to ten, fifteen, and to pay a fee can be phased. In addition, many developers are offering to buy completed apartments and houses in installments, stretching payments for a period of six months to five years. The lack of payment by installments is that ownership of the house you will be able to issue only after the final payment to the seller.
If the initial payment for the acquired dwelling over 50% of the purchase price, as a rule, interest-free installment plan will be, if it is below - for the use of deferred interest is calculated. Payments are made monthly or quarterly.
How to find a home for sale
Ads of housing for sale are published in newspapers, catalogs, real estate, electronic databases on the Internet. You are free to engage in finding housing, placing more ads on intention to buy a home and choosing the appropriate options from the existing proposals. In this way you will spend a lot of time and effort. Sale of housing is often embellish his performance, and on closer examination many tempting offers fall short of your requirements. So, before you reach the desired result, will have to spend considerable time and energy wasted.
In addition, a lot of trouble involves verification of legal purity of the prospective transaction. Simply put, before you pay for housing, you need to make sure the seller has full rights to implement the housing. If the purchase and sale for any reason be invalid, the buyer is a risk left with nothing - no home and no money spent on it.
When buying a home from a private individual buy-sell transaction may be invalidated on the grounds that at the conclusion of her husband's rights were violated seller, minors, disabled people, people who are in prison, or family members who are entitled to share of this housing.
Buying a house under construction, you must ensure that the firm and the vendor has the right to raising funds from shareholders. Federal law for participation in the joint construction to conclude contracts with buyers of housing investment is allowed only to those entities that have formalized the right of ownership or lease of the land, building permit and the project declaration.
Checking the legal purity of the transaction - this is a great and serious work that requires special knowledge and good connections to the registration authorities and passport offices, and do it properly only by a professional real estate - realtor.
With the help of a realtor or broker to search for a suitable home purchase will go faster and will require you a lot less time, but a lot more money. Agent will undertake negotiations with the sellers of housing, explore all the options offered to meet your needs, and you will be offered for inspection only those cases that really deserve attention.
In addition, the realtor will prepare you for a contract of sale will help formalize the calculation of the seller and the state registration of property rights for the purchased property.
Most often, realtor fee is set as a percentage of the amount of purchased housing. Depending on the complexity and cost of housing is implemented in different cities, it can range from 1% to 4% of the cost of housing. Most large agencies can set price list with fixed prices for each type of real estate services.
Because of the estate, which you refer, will depend on the speed of the transaction and, most importantly, the integrity of the transaction, it must be chosen with care. It is best to deal with companies that operate in this area for at least several years and have earned a good reputation among customers.
How to make an agreement to purchase housing
The contract for the purchase of housing has different forms, depending on what kind of housing, and from whom you purchase it.
Buying a house in the secondary market from a private individual, you sign the sales contract in writing which shall be signed by the seller and buyer. Such an agreement is not required to certify a notary, although if you want you can and reassure. But if you are married, the contract will need to attach a notarized consent of your spouse to purchase housing. We also need to attach to the contract notarized consent of the spouse seller of housing for the transaction of sale, if the housing was purchased by the seller during the marriage (except in cases where the ownership of housing has arisen as a result of privatization, the gift or inheritance).
"You must specify in the contract there are no encumbrances and third party rights, obligations and terms of withdrawal of the owner and his family off the register (from family members - nonowners - must get a written statement to the commitments to withdraw from the account) and the actual transfer of the apartment to the buyer" - explains Oleg Samoilov, CEO of "RELAYT Real Estate." According to him, is of fundamental importance specified in the contract price of the transaction. In the present widespread practice of underreporting in the contract of sale prices of real estate acquired in transactions with apartments owned by the sellers less than three years. In this way, sellers avoid paying tax on income of natural persons. "I do not advise you to go that way, - said Oleg Samoilov. - If in the future contract is terminated or declared invalid, the main factor to be taken into account when determining the size of the court the amount to be returned to the buyer, will be exactly the number that is specified in the contract. "
Also, if you buy a house for the first time, agreed to specify in the contract less the price of purchased housing, you lose the ability to make full use of tax credit, which gives the right to a refund of the purchase price of housing. The fact is that home sellers who own them at least three years, property tax deduction allows you to withdraw from the tax revenue of $ 1 million. Seller, of course, it is advantageous to specify the price not more than 1 million rubles. At the same time, you as a buyer, you are entitled to reclaim 13% of it spent on housing amounts to a maximum of 2 million rubles. And 13% of 1 million rubles or 2 million rubles - this is a very significant difference.
Buying an apartment in a newly built house is only possible under a contract of participation in share construction concluded in accordance with the Act of December 30, 2004 № 214-FZ. This agreement shall contain a determination to be transferred to a specific apartment according to project documentation builder, date and mode of transmission builder flat share party construction contract price, terms and procedure of its payment. In the agreement the equity must be specified warranty period for the object of shared construction - the period during which the investor has the right to present demands to the quality of the property. By law, the warranty period shall not be less than five years.
If the contract involves the equity payment by installments, it shall indicate the amount of payments, the repayment period, the amount of interest on deferred payment.
When buying a home during the construction phase, use one of two schemes: buying a home under the investment agreement and registration of land ownership in the property while the conclusion of the prime contract for construction of houses. "When you buy land with utilities in the contract spells out the conditions under which and the form in which the developer fail all the necessary communications to the boundaries of the site - stresses the Winkies, Sergei, Head of Marketing and Development Group," Conti ". - For the buyer the greatest risk is a situation where the developer for any reason will not let communication. The owner of the site do so on their own will be very problematic. "
How to make a deal to acquire housing
Ownership of the housing occurs after the state registration of transfer of ownership of real property and issue the buyer a certificate of registration of ownership of a dwelling. For state registration of property rights will be charged state tax.
For registration of the sale of residential premises in the secondary market buyer and seller must sign a sales contract and deed of assignment. After calculating the buyer and seller sales contract and deed of assignment transferred to the state registration of transfer of ownership rights to the territorial office of the Federal Registration Service (FRS). These included documents required by the authorities FRS: an application for state registration of the transfer of property rights, the state duty payment receipt, proof of ownership to the seller realized a dwelling, a certificate Bureau of Technical Inventory (BTI) on the carrying value of the apartments, housing and operational information organization of the absence of arrears, etc.
State registration is usually issued within 30 days from the date of submission of all necessary documents.
The contract of participation in joint construction also must undergo mandatory state registration. Settling into the apartment is only possible after the actual transfer from the developer to the buyer after receiving the completed house in operation and registration of property rights.