Sell ??apartment

After signing the purchase contract and its registration apartment is not legally belong to us, and the buyer. So we have to take the final step: release the object and pass it to the new owner. Clear the room! As we have repeatedly stated, it is best to buy and sell empty apartments - in which no registered place of residence ("registered") and is not living. However, for the Russian market, especially economy class, such a situation - rather an exception: our citizens are not rich enough to live in one property, and other "cool". So far more often happens is that in the sales housing people sit up to the last - and retire only novokuplennoe (under all of the same transaction of sale) the premises. How and when will the release of the sold apartments - the law of the matter is not governed, it is left entirely to the discretion of the parties. Conditions are usually prescribed in the contract of sale and the seller can only abide by them. As a rule, the terms range from 2-3 days to 2-3 weeks. Minimum - for those cases where the owner has to leave and to register. Here, realtors say, the mind would do this before the deal, but some sellers are people with specific cavities. Happened, for example, to see his grandmother, who flatly refused to withdraw the register, as in this case, it would deprive the "Luzhkov" benefits of rent. As to the maximum terms, they are characteristic of long "chains", when the passport offices are moving huge masses of people, and each participant is waiting for the apartment in which he must "be registered", the release of other party to the transaction. Victims of militarism By being male author can not mention one thing - pronounced discrimination, whose name - recruitment. The fact that our wonderful, ever-impending war with someone the country all men are conscripts and must be removed when you move and get in the military register. Which, of course, the process lengthens. Several years ago I myself was in such a mess. Pretty woman, Irina, whom I passed the apartment, quickly solved their problems in the passport office, and waited, but when I cleanse the premises. And I have - military enlistment office, where at the moment as luck would have thought up to change the military service of reserve officer. Under the old with the account is not removed, and new forms - in a safe at the Comrade. Ensign, who, I think, at that moment was in deep drinking bout. Anyway, the other workers from thence to the questions about where this same priest of Mars, only smiled mysteriously - a hair's breadth as La Gioconda. Irina, I explained the situation and expressed readiness to meet and show all his documents with notes of visits at various levels. Irina understanding and control of the abandoned. In general, I, of course, "discharged" - but two weeks later than promised ... Malicious And what if the former owner of the apartment just would not "rush" to its liberation? To combat such okayanstvom long found a solution - it is called "holding a statement." "Part of the sum, usually from 200 thousand to 1 million rubles., Laid in a single cell - explains Marina Markarova, managing partner of« Mayfair Properties ». - Seller will have access to it only when the discharge from the house of the book, confirming the removal of the register. " In this case - is already on my own - no problem usually does not occur, the seller himself runs the chain of command, in the words of O. Henry, "three meters ahead of their own shrieks. Worse (the buyer) if no such "containment" was not done - for example, the acquirer of this once forgotten or showed excessive softness. When persuasion does not help, one thing remains - the court: how recalls Marina Markarova, according to paragraph 2 of Art. 292 of the Civil Code to transfer ownership to a house or apartment to another person is grounds for termination of the right to use the living room by family members the former owner, unless otherwise provided by law. Ie new owner may apply to the courts with a lawsuit to evict the former owner and his family. Svetlana Birini, head of the department of urban real estate company NDV-estate "also draws attention to the fact that such issues are resolved exclusively through the courts. Yourself to do it the new owner is not entitled to. Poor little, but neatly able to transfer the apartment - too pretty "blessed" field of conflict. The buyer saw the object homely and handsome (in fact, the seller make every effort to make this impression is the maximum), and send him something shabby. He had seen in his life: in a room papered with wallpaper, exactly half of the walls - the rest is obscured by furniture "wall". In another case, outgoing boss ripped from the wall socket all. The house - built in 1969, outlets - the "native" Soviet, so that for some Armoracia rusticana they surrendered to him - is unclear. But ripped. The law in this case speaks, as usual, quite general. "The basic concept provided for by law - the apartment must be suitable for use, - said Natalia Kiseleva, lawyer of the company" Inkom-real estate. " - All the nuances that may be in a particular case is not typical for ordinary transactions, should be specified in the contract of sale. " From like to add that this means that with electrical power that a citizen has given a blunder - in an apartment they should be, but if you want to take them (for example, they, for whatever reason the owner of the road) in their place should be installed new. But in this case in view of the penny no matter the claims did not show. But there are situations and negroshovye. For example, some sales of the furniture "- when for the environment, consumer products or anything else like that the seller gets more money. In this case, recommends Zima Alexander, director of real estate sales company «Penny Lane Realty», need to make a supplementary treaty, which defines the list of property to be transferred to a future owner. Also, it should be attached to the photo. Later on this list and we will consult with the transfer of the apartment to the buyer. It is worth noting that the seller does not perform its obligations buyer "may require" - or return of illegally exported, or pay the difference. This wording implies that considers itself aggrieved party must appeal to the court, where a long and painful trial Dear transfer signing of the majority of documents (any prior agreement, itself a contract of sale), we already have in the past. But there is still a paper that parties to a transaction will create - is the act of transfer. Unlike many others, this document does not require any special forms, it can not assure the colorful stamps and seals. It is made in writing on plain paper and only signed by the parties. Because of this attitude to it is sometimes not very serious. But in vain - the act of transfer is very important! "According to the article. 556 Civil Code, the act of transfer is an integral part of the contract of sale, - says Marina Markarova. - In it the parties confirm the fulfillment of obligations under the contract, confirms the calculations and the absence of claims. Also, since the signing of the risk of accidental loss of the goods passes from seller to buyer (Art. 459 CC RF). The latter thesis, in our view, should be reviewed in more detail. The fact that - as we remember - the buyer becomes the owner of the apartment from the state registration of the contract. After that, the situation is somewhat skewed: Flat (legally) belongs to the buyer and the seller still controls it. And, for example, if it has been some accident, can lay claim: the buyer finds that the seller not carefully watched over another's property. After signing the deed of transfer all of this bias is eliminated: the apartment is responsible for its current owner. Even if five minutes later the object is completely destroyed - it is not our (seller) of wine. So the marketing side it is recommended not to delay the signing of the act: Why should we responsible for the property, which still is not ours? "The act of transfer must contain the following items: the address of the object being, the fact that the transfer of money by the buyer to the seller, the fact of handing over the keys and the seller pay all utilities, as well as confirmation of the absence of the parties to each other claims" - sums up Natalia Kiseleva. Locks - do not forget about them receiving the purchased apartment, a reasonable purchaser, of course, the first thing it will change the locks - it's a question of his own safety and security of its property. However, there are considerations that compel the seller to remind myself about it. After all, if some time in the apartment theft happens, the buyer may think that sell-side were duplicate keys. And if the locks have been replaced - we are already beyond suspicion. So the argument is not so much a legal, how many of the usual level of everyday common sense.