Procedure for registering the purchase of real estate
Every year there are many purchase and sale transactions in the real estate market. All these transactions take place according to a well-established scheme, so before purchasing a home, the buyer must familiarize himself with it.
You should not rush to sign the contract, as you need to start by checking the documentation of the apartment owner. He must have with him papers indicating the functioning of ownership of the property. Without this document, no transaction can take place.
After verification, the buyer and seller draw up a preliminary agreement for the purchase of an apartment or immediately a final agreement. This document officially confirms the act of selling a home to a willing citizen. Once this step is completed, the signed contract must be registered with a government agency, and the buyer must go through the process of obtaining ownership of the new home.
But to better understand all the conditions for purchasing an apartment, you need to consider the process of drawing up a deal step by step. This will help avoid mistakes in the future.
Conditions for purchasing from the owner on the secondary market
Resale properties usually have a reduced value. This can be explained by the fact that the housing has already had several owners or is located in a building that is too old. If the apartment was already owned, then the seller must have a registration certificate for housing from the BTI on form No. 7, an extract from the register about all residents on form No. 9 , as well as documents confirming the existence of ownership rights.
On the secondary real estate market it is impossible to purchase housing without these documents, so the buyer carefully checks them. First, the apartment is checked for arrests and violations of property rights. If all is well, then an agreement is drawn up with the seller and the process of transferring ownership to the new owner begins.
Conditions for purchasing a new or under construction house
Apartments in buildings under construction can be purchased in the form of an investment deposit, participation in shared construction, joining a construction organization, etc. The majority of construction companies open up a huge number of opportunities for their clients.
When purchasing a home in an unfinished house, a preliminary contract is always drawn up. It will confirm the seriousness of the intentions of both parties and establish the procedure for actions to be taken in a situation where the company does not have time to complete the housing on time.
Before signing a contract with builders, the buyer must check their documentation. The apartment must be purchased in a house built on land specially allocated for this purpose. This is confirmed by permission from local authorities. If you have doubts about the solvency of the developer, you can additionally check the agreement on raising funds. If they are present, then financing of construction will not stop.
Buyers need to keep in mind that all developers take an advance when purchasing an apartment . This is considered the main condition for concluding a deal, but its size may vary from company to company. This allows customers to choose the most convenient payment option for themselves. We wrote in detail about buying an apartment from a developer here.
Purchase terms
Rules for selling goods remotely
Terms and definitions used in the Rules for the sale of goods remotely in the online store www.corsocomo.com/ (hereinafter referred to as the Sale Rules):
Buyer - an individual who intends to order or purchase goods, or who orders, purchases or uses goods exclusively for personal, family, household and other needs not related to business activities, who has placed an Order on the website www.corsocomo.com/, or specified in the Order as the recipient of the Goods.
Seller – Individual entrepreneur Alexey Igorevich Kirillov. OGRNIP: 306502931800033.
Party – Buyer or Seller, and when referred to together are also referred to as “Parties”.
Online store - a website (a set of information resources posted on the Internet at www.corsocomo.com), on which any Buyer can familiarize himself with the Products presented, their descriptions and prices for the Products, select a specific Product, method of payment and delivery of the Products by sending Order
Product - presented for sale in the online store by placing it in the appropriate section of the online store. The subject of purchase and sale can only be Products marked in the online store as Products with the status “in stock”.
Order - the Buyer’s intention received by the Seller to conclude a purchase and sale agreement with the Seller in relation to the Goods. The order can be sent to the Seller using the “Place an order” function of the online store, or by telephone at 8-800-333-03-46.
Delivery service – SDEK LLC.
General provisions
1. These Sales Rules have been developed on the basis of the Civil Code of the Russian Federation, Law of the Russian Federation dated February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”, Decree of the Government of the Russian Federation dated September 27, 2007 No. 612 “On approval of the rules for the sale of goods remotely » and other regulatory legal acts. These rules govern the procedure for the retail purchase and sale of Goods through the online store, being a public offer addressed to individuals (“Buyers”).
2. The Buyer accepts the conditions set out in these rules by placing an Order on the website of the online store.
The order is considered properly completed if the Buyer provides the Seller with the following information: Last name, First name, Patronymic of the Buyer, telephone number, address to which the Goods should be delivered, name of the Goods, its article number, quantity, size.
2.1. The Buyer grants the Seller the right to use all personal data transferred in the Order in order to fulfill its obligations to the Buyer, form and develop a loyalty program for Buyers, and inform Buyers about the news of the online store. The right of use in these rules means the Seller’s right to: collect, record, systematize, accumulate, store, clarify (update, change), extract, use, depersonalize, block, delete, destroy data with the right to transfer such data to third parties without additional notice Buyer.
3. When selling goods remotely, the Seller offers the Buyer services for the delivery of Goods by Delivery Services. In this case, the specific Delivery Service for each Order is determined by the Parties jointly after receipt of the Order.
Delivery is carried out on weekdays from 9:00 to 18:00. Delivery times depend on the selected region and range from 3 to 14 working days (not counting the day of order). Delivery time may be extended in cases provided for by the rules of the Delivery Service. Delivery is carried out without demonstration and fitting of goods (except for Moscow). If you do not agree with the delivery time, you have the right to refuse your order at any time before receiving it.
Delivery in Moscow is carried out by the CORSOCOMO online store’s own delivery service.
You can view delivery rates by region on the courier services website: SDEK.
If the Buyer refuses the Goods, the Buyer will be charged the cost of delivery in accordance with the tariff in accordance with paragraph 21 of Decree of the Government of the Russian Federation dated September 27, 2007 No. 612 “On approval of the rules for the sale of goods remotely.”
Upon receipt of the Goods from the Delivery Service, the Buyer is obliged to check the appearance of the Goods packaging (for absence of deformation, opening). Upon receipt of the Goods, the Buyer puts his signature on the delivery receipt in the column: “I confirm that the shipment was received closed, there is no external damage to the packaging, bandages, seals, the weight of the shipment corresponds to the weight determined upon receipt.”
If any defects are found on the packaging of the Goods, the Buyer is obliged to make a note about this in the courier's receipt in the delivery column. After receipt of the Order and the Buyer's signature on the receipt in the delivery column without indicating a claim to the appearance of the packaging of the Product, claims to external defects in the packaging (its opening and possible incompleteness of the Product) will not be accepted.
4. Payment for ordered Goods is carried out:
In cash
Payment of the cost of the Order is made in cash to the courier upon receipt of the order. This is the most common payment method for courier delivery.
Payment to the courier by bank card upon receipt
5. Orders are processed on weekdays from 10:00 to 18:00 Moscow time. If you placed an order after 18:00 Moscow time, managers will contact you the next business day after 10:00 am.
6. At the time of receipt of the Goods, the Buyer receives the following package of documents for the Goods:
— cash receipt (when paying in cash to the courier at the time of delivery of the Goods);
— a delivery note, which indicates a complete list of paid goods - name/article/quantity/price/total amount of purchases, as well as information on the procedure and timing for returning goods of proper quality.
The operating instructions (warranty card) are included in each package of the Product. The individual packaging of the Product contains information about the main consumer properties. The delivery note also specifies the information that the Seller is obliged to provide to the Buyer at the time of delivery of the Goods.
7. If you are not satisfied with the Goods of proper quality for any reason (for example, color, size or style), you can refuse it (or exchange) at any time before its delivery, and after delivery - within seven days, not counting the date of receipt of the Order, the presentation (packaging, labels) and consumer properties of the Product must be preserved.
To do this, you must fill out an application for return/exchange, attach a copy of your identification document (copy of passport, temporary identity card of a citizen of the Russian Federation issued for the period of registration of the passport, military ID, driver’s license), a sales or cash receipt for the Order and send the specified package of documents and received Order by mail to the address: 119270, Moscow, Khamovnichesky Val, 2.
Please note that if the Buyer refuses the Goods, the Seller returns the amount paid by the Buyer for the Goods, with the exception of the Seller’s expenses for delivery of the returned Goods from the Buyer, no later than 10 days from the date of presentation of the corresponding demand.
8. The warranty period for the Product is set at 30 calendar days from the date of receipt of the Product by the Buyer. For seasonal Goods (footwear), these periods are calculated from the onset of the corresponding season, the onset of which is determined accordingly by the constituent entities of the Russian Federation, based on the climatic conditions of the Buyer’s location.
9. If you were given a Product of inadequate quality, and the defects of the Product were not specified in advance by the Seller, you have the right to:
- refuse to fulfill the purchase and sale agreement, return the goods of inadequate quality and demand a refund of the amount of money paid for the goods;
— demand the free elimination of defects in the goods or reimbursement of expenses for their correction by the Seller or a third party;
- demand a proportionate reduction in the purchase price;
- demand replacement with a product of a similar brand (model, article) or with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price.
The Buyer must fill out a claim statement indicating the stated requirement indicating hidden defects of the Goods, the application must be accompanied by a sales receipt, a cash receipt (invoice) issued upon purchase, an expert opinion must be attached (if defects are discovered after the expiration of the warranty period for the Goods), and The method of returning funds to the Buyer is also indicated. The specified package of documents, as well as the Product of inadequate quality, must be transferred or sent to the Seller at the address: 119270, Moscow, Khamovnichesky Val, 2.
According to Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if a dispute arises about the causes of a defect during the warranty period, the Seller is obliged to conduct an examination of the shoes at his own expense. If, as a result of the examination, it is established that its shortcomings arose due to circumstances for which the Seller is not responsible (including due to violations of the rules of operation, storage and care of shoes), the Buyer is obliged to reimburse the Seller for the costs of the examination.
After the expiration of the warranty period, in the event of a disagreement, the Buyer is obliged to conduct an examination at his own expense.
All quality claims are accepted to the postal address of the Seller or the manufacturer (in addition, the specified package of documents can be sent by e-mail by the Buyer to the Seller’s claims department at the address). Shoes of inadequate quality are accepted in their pure form for filing claims. In the event of an exchange of low-quality shoes for shoes of a different model, an appropriate recalculation is made based on the amount of money specified at the time of purchase.
Cannot be exchanged, returned or repaired free of charge Product:
— with defects resulting from operation in conditions that do not correspond to its intended purpose;
— with mechanical damage (burns, cuts, abrasions, etc.);
— deformed as a result of improper wearing, drying, lost quality as a result of chemical exposure and with other defects caused by the Buyer;
— repaired by the Buyer before presentation to the Seller;
— the warranty does not apply to accessories and components (laces, zippers, heels, insoles, Velcro, buckles, fasteners, etc.).
10. The risk of accidental loss or accidental damage to the Goods passes to the Buyer at the moment the Goods are transferred to him and the Buyer signs the documents confirming the delivery of the Order. Ownership of the Goods passes to the Buyer at the time of transfer of the Goods, subject to full payment.
11. Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute a retail purchase and sale agreement.
12. The contract is considered concluded and executed from the moment the Goods are transferred to the Buyer, subject to full payment.
13. The legislation of the Russian Federation applies to the relationship between the Buyer and the Seller.
14. The Seller reserves the right to make changes to these Rules of Sale, in connection with which the Buyer undertakes to regularly monitor changes in the Rules posted on the website of the online store. The Seller must place a notice of changes to these Sales Rules no later than 7 (seven) calendar days before the date of their entry into force.
15. The buyer guarantees that all the terms of these Sales Rules are clear to him, and he accepts them unconditionally and in full.
16. The invalidity of any provision of these Rules does not entail the invalidity of the remaining provisions.
17. The Parties will try to resolve all disputes that arise through negotiations; if an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of the Russian Federation.
What is needed to complete the transaction?
To properly complete the purchase of an apartment, a standard list of documents is used. To do this, the seller provides the buyer with a purchase and sale agreement, a registration certificate from the BTI, a tax payment receipt, his passport and a power of attorney, if necessary.
Upon receipt of the listed documents, the buyer can begin writing an application for registration of ownership. It is enough to write this application in a single copy, and handwriting and printed text are accepted. Along with this document, the documents listed above are brought to Rosreestr. It is advisable to provide all documentation in two copies , since at the time of registration of the certificate they will be in the hands of the registry employees.
To double-check, Rosreestr employees can submit a request to law enforcement agencies. This preventive measure is needed to curb the active activities of some fraudulent groups. When everything passes a thorough check, the applicant is called and receives the desired certificate.
This document is considered the main condition for the transfer of ownership to the new owner. Without it, he cannot fully use the apartment, since it will be registered with the previous owner. In some cases, registry staff refuse applicants, but refusal is not a reason to despair. You can always defend your interests through the courts.
Government programs
In 2020, the following projects are in effect: “Young Family”, “Housing for the Russian Family”, a partnership agreement with AHML, “Military Mortgage”.
Providing maternity capital is also used to reduce the financial burden on young couples. It can be used in conjunction with the subsidy provided, for example, as a down payment on a mortgage. It can be combined with any of the state support programs.
At the end of 2020, a decree was issued providing benefits for mortgage lending for families with two or more children. This project is quite successful and can be used if:
- The second and subsequent babies were born starting in 2020;
- Living space is purchased in a new building.
Young Family Program
The terms of the project provide for the provision of compensation to young spouses up to 40% of the cost of housing. This proposal has been working very successfully since 2011. During this time, many young families have benefited from such assistance.
In this case, the distribution occurs as follows:
- Childless families are compensated up to 30% of the cost of purchased housing;
- Couples with one child or mothers (fathers) who continue to raise children after the termination of the marital relationship receive compensation of up to 35%.
The general rules of the program are:
- The age of each spouse must not exceed 35 years.
- The family must be recognized in accordance with the established procedure as in need of improved housing conditions.
- The official income of the couple should not exceed the limits established by law.
REFERENCE!
Childless spouses whose housing occupies less than 36 square meters are recognized as needy. m., that is, 18 sq. m. for each. At the same time, getting preferential mortgage lending will not be difficult. Especially if the spouses have no place to live and they use rental housing.
If the existing living space is the only place to live, then even a childless couple has the right to apply for a mortgage loan with a preferential reduced rate, where government subsidies are involved.
You can register as those in need of improved housing conditions with the administration at your place of residence. To do this you will need to submit:
- Parents' passports;
- Marriage and birth certificates;
- Documentation for existing housing;
- An extract about the persons registered in the apartment.
