The sequence of paperwork when buying a plot

By Admin | Legal Issues
14 April 2016
Participant holiday online ElenaW answers the question Nye.


conclusion of the contract

Imagine that at the conclusion of the contract of sale of land, you come to the final stage.Thus you have a complete agreement with the seller or have signed a preliminary agreement with the owner of the site on all points of the transaction.Then you need to start the next step.

1. Before continuing paperwork, make sure that you do not change your mind to buy this land, there are money for his payment, personal documents you have in perfect order (passport), your spouse is willing to personally attend in the transaction or issuedyou consent to the transaction registered in the notary's office for the purchase of land

It is necessary to check the readiness of the seller to sell the site and here you need to be attentive.Once again
learn he sells you a plot or not, and at what price.
He gathered all the necessary documents or not.
Did he remember about the preliminary agreement and executed or not (taken out,
cleaned, podremontirovat).



need a notary public or not?


collect all the necessary documents, you need to clearly determine how the transaction will be carried out - in writing or with the involvement of a notary.

a notary your documents again carefully check that when drawing up the contract it was written correctly and in line with the law.In addition, the lawyer ascertain the identity of the citizens to make transactions.Then he will legalize the transaction, and if not then there are any disputes, he can testify in court the legality of the transaction.Since copies of the documents had to be kept forever, it is not difficult to do.

deals, certified by a notary, a court rarely challenged.In case of loss of documents you can get them again at the notary.

In the case of registration of the transaction at the notary seller and buyer needs to decide in advance who will pay for it.According to established practice in the registration of the transaction at the notary usually interested buyer, so often he pays, but sometimes the costs are shared equally.

only disadvantage when applying to a notary - his services are worth the money.But if you need the purity of the transaction, the safety of its worth paying.

deal in writing

in the transaction with the seller in writing to the site in the local registration authority offers to fill in a standard contract in which to make their additions.After checking your documents Specialist correct the most serious errors, but you should not expect special attention and control.

of such documents is ten times cheaper than a notary, but challenged in court much easier.So you decide - "cheap and cheerful" or "expensive but reliable."

2. Form of payment

discuss with the seller the place to sign the agreement, the next step should be to discuss the payment method.

Currently, about 95% of transactions on sale of real estate is made through a bank deposit box.The seller and the buyer together choose the bank, which will keep the money before signing the contract.Then the buyer enters into a contract with the bank rent bank deposit box.

On the eve of the signing of the main contract of sale of land, or in the morning of that day the bank is 3 sides an additional agreement between the seller, the buyer and the bank to lease the cell.In it establishes the conditions of access to the seller the money, which are laid by the buyer in a cell for a specified period.

As a rule, money lay at the time of state registration documents, adding to that time a week for insurance.

main condition Seller access to the safe deposit box is a presentation of them registered in the FRS (Stamps) original main contract of sale of an object (an instance of the Seller).

After the conclusion of 3 sides (additional) agreement the seller can not receive money until the registration of the transaction and the buyer will not be able to take back the money put into the cell, and to deceive the seller.

turns the wolves are fed and the sheep are safe.Therefore, the second stage of the underlying transaction have to put money into the cell.

Some of the citizens, about 5%, does not use the cell, but it happens, if they trust each other, otherwise they run a great risk.

3. In the third stage, the buyer and seller sign the main contract of sale or at the Office of the Federal Registration Service of the field, or by a notary.

4. In the fourth stage, give all the necessary documents for the state registration of transfer of title to the land and the registration of the contract of sale.The process of registration will have to pay a fee for the state registration documents.Who is going to pay, the seller with the buyer decide for themselves.

apply for registration in the state bodies can be in person or by someone with a notarized power of attorney, as well as through a notary (if the transaction is a notary).It all depends on your preferences and capabilities.

5 .A month after filing the buyer receives a new certificate of state registration of the land.

The buyer in a document to be his name, a contract of sale of land with stamps FRS on registration of transfer of, deal registration, licensing, and an indication that the copy of the buyer.

Accordingly, the seller after the state registration on hand is: The contract of sale with stamps FRS section on the registration of transfer of, deal registration, licensing, and an indication that this is an instance belongs to the seller.

After that seller freely takes the money from a bank cell.


Question

Tell me which of the above methods paperwork sale of land is the most reliable and safe.

None of the methods is not reliable at 100% if the contract does not say about the interest of the seller to the buyer that the site is free and no one can claim it, it is not incorporated and is not under arrest, etc.

It is advisable to write that the parties confirm that they are in perfect health, are made not under guardianship, there are no circumstances forced to sign the contract on unfavorable conditions.


Posted party forum "Home and CottageĀ» ElenaW
Editor: Roman Adamov