How many days does it take for a notary to draw up a purchase and sale agreement? Notarized purchase and sale transaction of an apartment

Client clarification

Thanks to all the lawyers who responded. From your answers, I understand that the notary checks the purity of only this transaction. If the apartment was previously purchased (in transactions of previous owners), left as an inheritance or privatized with violations that can be challenged, the notary does not protect the buyer in any way? For example, in the well-known cases of the “Chalaev case” and the “Gladysheva case”, a hypothetical purchase of an apartment through a notary according to the new standards would not have protected buyers in any way?

And most importantly. There is no answer to the question “what is the complete procedure” when buying an apartment. What documents are required from the seller? In what sequence is it recommended to conclude any agreements (which ones), transfer of money, etc.? Please proceed from the fact that I have been outside Russia for a long time and many seemingly self-evident concepts in the Russian Federation are not familiar to me. When and how to give a deposit or advance (what is the difference), into what parts should the payment amount be divided and what conditions should they be tied to? I understand that the purchase can be processed different ways. First of all, I am interested in the practice you recommend, as well as the most common practice. In short, I am interested in a course of action that could protect me from problems like the “Chalaev case” or the “Gladysheva case.” Thank you.

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Very interesting service. I’ve never encountered such projects before; the first try seemed useful. Unfortunately, none of the lawyers could provide complete, detailed, but concise information. However, the simultaneous participation of several specialists helped to create an overall picture. The fee was distributed between the two authors who were able to help me most fully and clearly. But I am grateful to everyone who took part. Thanks to lawyers and Lawyer!

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Answers from lawyers (13)

Lawyer, Kemerovo

• 8.2 rating

Good afternoon According to Art. 166 of the Civil Code of the Russian Federation: A transaction is invalid on the grounds established by law, due to its recognition as such by the court (voidable transaction) or regardless of such recognition (void transaction).2. A demand to recognize a voidable transaction as invalid may be submitted by a party to the transaction or another person specified in the law. A voidable transaction may be declared invalid if it violates the rights or legally protected interests of the person challenging the transaction, including if it entails unfavorable consequences for him. In cases , when, in accordance with the law, a transaction is challenged in the interests of third parties, it may be declared invalid if it violates the rights or legally protected interests of such third parties. A party from whose behavior it is clear that its will to maintain the validity of the transaction does not have the right to challenge the transaction on the grounds of which that party knew or should have known at the exercise of his will.3. A demand for the application of the consequences of the invalidity of a void transaction may be made by a party to the transaction, and in cases provided for by law, also by another person. A demand for the recognition of a void transaction as invalid, regardless of the application of the consequences of its invalidity, can be satisfied if the person making such a demand has a legally protected interest in recognition this transaction is invalid.4. The court has the right to apply the consequences of the invalidity of a void transaction on its own initiative, if this is necessary to protect public interests, and in other cases provided for by law.5. A statement about the invalidity of a transaction has no legal significance if the person referring to the invalidity of the transaction acts in bad faith, in particular if his behavior after the conclusion of the transaction gave grounds for other persons to rely on the validity of the transaction. The notary's liability is insured. The new law further strengthens property guarantees to citizens in the event that a notary has made a mistake in his work and thereby caused damage to the citizen. In addition to the mandatory individual and collective insurance, which complements the fact that the notary is responsible for his work with all his property, a special Compensation Fund of the Federal Notary Chamber is now being created, which will, in case of insufficiency of the first three measures, supplement the amount of necessary compensation for damage. I don’t think it’s easy to find another profession that offers equally complete guarantees of the conscientious performance of professional duties by its representatives.

At the same time, we remember that a notary, due to his professional duties, not only protects the rights of the parties to the transaction, but first of all helps to provide legal protection to the weak parties to the transaction, who, for example, are often not able to correctly understand the essence of the proposed actions, their consequences, which can them turn out to be unfavorable. And such parties in our country are ordinary citizens who do not have legal training, and are often socially unprotected. A citizen turns to a notary, and the notary prepares the entire package of documents for the transaction. At the same time, the citizen does not need to travel anywhere - the notary himself receives documents for him from state registers. A notary also submits documents for registration to Rosreestr. As practice has shown, people are beginning to realize that contacting a notary is really convenient. Now, in addition to a noticeable reduction in tariffs, the notary provides an even greater range of services and guarantees. The speed of state registration of rights to real estate, if the documents are submitted by a notary, is now only one day. And the registrar, without wasting time and resources on conducting a legal examination of documents, which the notary has already expertly done, must, in turn, register the transfer of ownership as a result of this transaction on the basis of the documents provided to him.

Challenging a transaction certified by a notary will be much more difficult, and this, on the one hand, is another reliable barrier in the way of scammers and unscrupulous characters, and on the other hand, improving guarantees of respect for the rights of citizens or legal entities thanks to a notarial deed. In general, giving increased evidentiary value to a notarial act is a conceptual change. This is a sign of the state’s confidence in the activities of the notary, and this was a long overdue decision.

It is important to note here that, roughly speaking, a notary performs the tasks of preventive justice, that is, a notary prevents the occurrence of legal disputes. It is logical that legally significant documents certified by a notary performing a public legal function on behalf of the state, who is responsible for the results of its activities, and this responsibility is supported by both insurance and the collective responsibility of the notary, a priori have a higher level of trust. And if the state delegated the authority to the notary to carry out certain actions, now it has decided to increase the level of confidence in the results of this activity. I took some of the information from www.rg.ru Sincerely, Evgeniy Urvantsev.




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Lawyer, Kemerovo

• 8.2 rating

I would also like to add: in particular, the law provides citizens with the opportunity to make payments through a notary’s deposit in transactions by agreement of the parties. A notary's deposit will help ensure the safety of payments. The system of payments through bank safe deposit boxes has long been outdated, there are opportunities for fraud, the media report many cases of people being robbed after leaving the bank with money from the safe deposit box. From now on, the safety of both people and the payments themselves is ensured by a normal, convenient and civilized mechanism, this is a notary deposit. Moreover, the cost of such a service will be only one and a half thousand rubles if you contact a notary to complete a transaction. It's cheaper than renting a safe deposit box.


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Notary, Moscow

Hello!

some advantages of executing a transaction through a notary, including changes in legislation that came into force on 01/01/15:

Article 61. Grounds for exemption from proof




1. Circumstances recognized by the court as generally known do not require proof.

2. Circumstances established by the person who entered into
legal force by a court ruling on a previously considered case,
mandatory for the court. These circumstances are not proven again and
are not subject to challenge when considering another case in which
the same persons participate.

3. When considering a civil case
circumstances established by a decision that has entered into legal force
arbitration court, must not be proven and cannot be disputed
persons if they participated in a case that was resolved by arbitration
court.

4. The court verdict that has entered into legal force
in a criminal case is mandatory for the court hearing the case
civil consequences of the actions of the person in respect of whom
a court verdict was issued on the issues of whether these actions took place and
whether they were committed by this person.

5. Circumstances confirmed by a notary when
performing a notarial act, do not require proof if
the authenticity of a notarized document has not been refuted in
in the manner established by Article 186 of this Code, or not
a significant violation of the procedure for performing notarial
actions.

Thus, a de facto document certified by a notary has increased evidentiary power and is much more difficult to challenge.

in case of a dispute, the notary will be summoned to court as a third party.





The notary must establish the identity and legal capacity of the applicant.


Also, in the event of an error committed through the fault of a notary when
certifying the contract, the notary will be obliged to compensate you for losses,
that you have suffered, this is achieved through personal property
liability of the notary (the notary is liable with all his property),
also personal and collective (notary chamber) insurance
responsibility of a notary;

Notarized
Until recently, the agreement was registered 5 days in advance, from January 1, 2015
for - 3, besides, the notary himself submits documents for registration, electronically - 1 day (not yet implemented).


Also, settlement between the parties to transactions can be carried out through a notary’s deposit, without resorting to the use of safe deposit boxes (which is much safer for the parties).




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Lawyer

Indeed, legislators considered the issue of formalizing all real estate transactions only through a notary, but so far this has not been approved by law, so you have the right to draw up agreements of this kind in simple written form...

But concluding a transaction by a notary has advantages - the notary is obliged to check not only the legality of the sale and purchase, but also the rights of the parties, the authenticity and legality of documents, the presence of encumbrances and the prohibition of alienation of real estate. When certifying transactions involving minors or incapacitated citizens, the consent of their legal representatives, guardianship and trusteeship authorities is also verified.


There is one more important point, which encourages clients to conduct transactions through a notary. According to the law, a notary “bears full property liability for damage caused to the property of a citizen or legal entity as a result of a notarial act.” That is, if, for example, you run into scammers selling someone else’s apartment using forged documents, the notary will either discover this at the verification stage or compensate you for material damage. Compensation is provided through special insurance, the availability of which is another legal requirement.


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Karhu Boris, Lawyer

Does this mean that having completed the purchase of an apartment through a notary, there is now no fear that the transaction will subsequently be challenged in court?

no, it doesn't mean that.

Do the new terms include the ability to transfer money securely?

no, it does not include, because there are no new conditions

What is the safest way to purchase an apartment and what is the complete procedure?

execution of a purchase and sale agreement (possibly from a notary, or in simple written form) and settlement through a bank account or a safe deposit box rented from a bank.

The safest way is to pay through a bank account by issuing an irrevocable letter of credit by the Buyer - you provide him with documents stating that he has become the owner, and the bank immediately credits the amount to your account. Bank employees will help you issue a letter of credit.

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Lawyer, Moscow

Good morning, from January 1, 2015, in accordance with the Federal Law "On state registration of rights to real estate and transactions with it":


legal examination of documents, including verification of the legality of the transaction (with the exception of notarized
certified transaction) and establishing the absence of contradictions between
declared rights and already registered rights to the object
real estate, as well as other grounds for refusal to
state registration of rights or its suspension in accordance with
this Federal Law; (as amended by Federal Law dated December 21, 2013 N 379-FZ)

State registration of rights on the basis of a notary
certified documents is carried out no later than within three
working days, following the day of receipt of the application and documents,
necessary for state registration.

In addition, the fee for notarizing a transaction has been significantly reduced: for example, if the cost of an apartment is 5 million rubles. you will have to pay about 15,000 rubles. (previously 40,000 rubles).

Certification of a transaction by a notary cannot mean that all risks associated with the purchase of real estate are eliminated, since the notary certifies the transaction on the basis of the submitted title documents, checking their authenticity, as well as the legality of the present transaction, and that’s all. All possible cases of challenging a transaction are not subject to verification when certifying a transaction by a notary. Such a deal may be challenged in court.


The safest way to transfer money today is a notary deposit.


Article 87. Acceptance of cash and securities on deposit
Notary in cases provided for by civil law Russian Federation, as well as by agreement between the debtor and the creditor, accepts deposits of money and securities from the debtor for transfer to the creditor. Notary on receipt of funds and securities
notifies the creditor and, upon his request, gives him the due
sums of money and securities, unless otherwise provided by agreement
between the debtor and the creditor. Acceptance of sums of money and securities as deposits is carried out by a notary at the place of fulfillment of the obligation.


The notarial method of concluding a transaction is more preferable, since state registration of the transfer of rights from one owner to another is carried out in the shortest possible time, eliminates the possibility of suspensions on documents, refusal of registration, and allows the parties to make payments on the transaction in a safe way.


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The advantage of new changes to the legislation on the registration of rights to real estate and transactions with it is that when registering such a transaction through a notary, the time required for its completion is reduced as much as possible. Otherwise, there are no special advantages.

As for the secure transfer of money, this is not provided and is not guaranteed in any way.

There is a law in the draft that says so. that all real estate transactions will need to be registered through a notary. but for now it remains only a project.

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Notary, Moscow

If the apartment was previously purchased (in transactions of previous owners), left as an inheritance or privatized with violations that can be challenged, the notary does not protect the buyer in any way? For example, in the well-known cases of the “Chalaev case” and the “Gladysheva case”, a hypothetical purchase of an apartment through a notary according to the new standards would not have protected buyers in any way?

A notary, like any other lawyer, in this case checks the title and registration documents on the basis of which the owner owns the property. It is not possible to find out whether there was any violation in the chain of transactions, since these circumstances are not known to the notary, however, those facts that he established when certifying the contract have increased evidentiary force on the basis of the new above-mentioned norm of the Code of Civil Procedure of the Russian Federation.


It is not clear from your answers the responsibility of a notary. For example, buyer A. bought an apartment from seller B., completing the transaction through a notary. Subsequently, it turns out that B. acquired it illegally. As a result, after the trial, buyer A. loses the apartment, and B. is obliged by the court to pay its value to buyer A. But B. has no money, he squandered it. What will be the responsibility of the notary if the payment of compensation is already assigned to B., although it is not feasible?

In accordance with Article 17 of the Fundamentals of the legislation of the Russian Federation on notaries

“A notary engaged in private practice bears full financial responsibility for harm caused by his fault property of a citizen or legal entity as a result of performing a notarial act in violation of the law, unless otherwise established by this article...”

Thus, if an action is performed without violation established by law procedures for certifying the purchase and sale agreement does not incur liability.

In the situation you described, the notary’s guilt in certifying the transaction will not arise if it was impossible to establish this on the basis of the documents presented to him.





“what is the complete procedure” when buying an apartment. What documents are required from the seller? In what sequence is it recommended to conclude any agreements (which ones), transfer of money, etc.? Please proceed from the fact that I have been outside Russia for a long time and many seemingly self-evident concepts in the Russian Federation are not familiar to me. When and how to give a deposit or advance (what is the difference), into what parts should the payment amount be divided and what conditions should they be tied to? I understand that a purchase can be completed in a variety of ways.

The parties to the agreement, or their representatives, contact a notary to certify the agreement (for example, a purchase and sale), the notary agrees with the parties on its terms, requests documents that confirm the seller’s ownership of the alienated property, finds out the presence of spouses, and, if necessary, asks for consents or waivers (in the case of the sale of a share under Article 250 of the Civil Code of the Russian Federation), in general, based on a specific case and analysis of documents, the notary asks to submit a package of documents to him.

That is, it is advisable to resolve such issues with a specific notary who will certify the contract.


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Lawyer

First of all, the notary is obliged to explain to the parties who contact him the meaning and significance of the contract being concluded and to check whether the content of the contract corresponds to the actual intentions of the persons intending to enter into it (Fundamentals of the legislation of the Russian Federation on notaries). Simply put, find out whether what is put on paper corresponds to the intention and desire of the parties.

In addition, when certifying a transaction, the notary is obliged to verify the legal capacity of the citizens participating in the transaction. In other words, before certifying a transaction, the notary is obliged to make sure that the parties to the contract understand the meaning of their actions, are in good condition and are not mistaken due to poor health regarding the subject of the transaction

To notarize a transaction for the sale and purchase of an apartment, the notary must submit:

Title documents for the apartment; BTI certificate; Passports (or documents replacing them) of the seller and buyer; Certificate of marriage (or divorce) for the seller, if the apartment was purchased during marriage. In this case, you will also need either the personal presence of the spouse to give consent to the transaction, or his consent in writing, certified by a notary.
The notary draws up an agreement, which is signed by both parties (seller and buyer), after which the notary puts his signature.


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Lawyer, Moscow

The moment of buying and selling a home is one of the most important moments in every person’s life. This procedure is quite complicated, but at the same time it does not allow for mistakes, especially those related to paperwork.

There are two types of purchase and sale agreements:

• Preliminary, which records the fact of the desire to complete a transaction, and the presence of a deposit or advance payment;
• The main agreement, which, in fact, specifies all the nuances of the transaction.

Since the preparation of all papers is a complex and time-consuming process, citizens are increasingly turning to notarial assistance. Naturally, specialists do not offer their services for free, but the amount will be covered by the guarantees that the participants in the transaction receive using the help of lawyers.

Save your time and nerves. and within 5 minutes you will receive free consultation professional lawyer.

Save your time and nerves. Click here and order comprehensive support real estate transactions of any complexity from lawyers with 20 years of experience.

How is a notarial transaction completed?

As a rule, a notarized apartment purchase and sale transaction is completed in several stages. The signing of an agreement between the buyer and the seller is one of the final stages, which is accompanied by lengthy preparation. During the process, all the documents that will help protect both parties as fully as possible are collected for a long time and carefully.

There are three stages of work on completing a notarial transaction:

1. The seller and buyer sign a preliminary agreement. This agreement is given a lot of attention, since it must indicate what has already been agreed upon this moment conditions, and the deadlines for the final conclusion of the transaction are indicated. And also at this time, the necessary documents are prepared and submitted to the notary for verification;
2. The second stage is to sign a real estate purchase and sale agreement. This happens in the presence of a notary who notarizes the contract;
3. The third stage is the registration of the property rights of the newly-minted owner of the living space.

You can read more about the procedure for registering and concluding a purchase and sale agreement in the thirtieth chapter of the Civil Code of the Russian Federation. And one more point that will be of interest to those who are planning to make a similar transaction - in Russia, a notarial transaction for the sale of real estate is not mandatory! You only need to have the document certified by a notary. Although, to be fair, let’s say that it is much safer than a transaction made in simple written form with the participation of a realtor.

Advantages of notarial support of a transaction

Practice proves that the most reliable way to sell or buy real estate is to conclude a transaction with a notary who will check all the documents, protecting all parties to the process from the troubles that often accompany such cases. Of course, the cost of the service is not small, but it pays off.

Let's try to consider the most significant advantages of cooperation with a notary:

Unfortunately, even this entire list cannot fully guarantee the safety of the parties. Notarized transactions are also considered invalid. That's why you need to be careful. But by certifying the documents, the parties to the transaction follow the law and show the integrity of their intentions.

When is it necessary to do without a notary?

The law explicitly states that some real estate transactions must be completed in notarial form. This is relevant:

• According to Article 42 of Law No. 218-FZ, notarial support is required when selling a share of common property in residential and non-residential premises in apartment buildings;
• When selling property that a person has under guardianship rights;
• When alienating real estate that belongs to a minor;
• When alienating real estate of citizens belonging to the category of people with limited legal capacity (in accordance with Article 52 of Law 218-FZ).

These points are considered difficult to consider, therefore it is necessary to prepare documents and draw up an agreement correctly, a common person who does not understand anything about jurisprudence will not be able to. In addition, recently, a notary is an obligatory party to transactions related to the purchase and sale of real estate.

Legal support is sometimes necessary when making other transactions not listed here. It all depends on the individual situation, capabilities and desires of citizens.

What documents need to be provided to the notary?

The person who sells the property presents documents confirming his ownership. But that is not all. In order not to forget anything, we will provide a list:

The list is large, but even it cannot fully reveal the entire documentary base that may be needed when making transactions of this format. As a rule, support of a home purchase and sale transaction by a notary protects against elementary mistakes that the parties to the contract may make out of ignorance.

And one more nuance - when bringing documents to a notary, you need to take not only copies, but also originals. This is necessary for the specialist to check the papers and, if any complaints arise, to point them out. And in order to correct inaccuracies, the parties to the transaction leave their contact information.

Registration of property rights of the new owner

Registration of ownership is a necessary procedure, without which it is impossible to confirm the transfer of ownership of real estate to another person. When selling an apartment, you should also go through this procedure. But few of those people who have not encountered such difficulties understand where and how this happens.

The notary will do the work for his clients; all they have to do is pay the state fee, bring the documents that the specialist will require, and wait until the whole procedure is completed. The exact period during which registration can be completed is not specified in the legislation, but according to general practice, it is better to submit documents immediately in order to obtain full right to be in the apartment as the owner.

As for the time spent on processing documents in Rosreestr, it takes three working days. You must pay the state fee - for 2017 it is 2,000 rubles. The services of a notary who was involved in submitting documents to Rosreestr must be paid separately.

In addition, certificates of title to property sent through a notary office are processed a little faster than if the newly-minted owner applied to the authorities on his own.

Stages of registration of rights to real estate:

1. Submission of documents.
2. Legal examination of papers.
3. If no reason for refusal was found, new data is entered into the register.
4. The new owner is given state registration documents.

Service cost

Notarized support for real estate transactions in Russia is not mandatory, but a notary is still forced to certify documents for such a transaction. If there are no obstacles, the apartment is registered to only one person, then selling the property will not be a problem, but if there are several registered tenants, then you cannot do without the help of a notary.

How much would such a deal cost? Until June 2016, Muscovites paid no more than five thousand rubles, and this included the cost of state duty, the price of which was two thousand rubles. Let's look at where this amount came from and what it could be for 2017:

But it’s too early to worry. Of course, registration with a notary will not be cheap, but there is a pattern - the lower the cost of housing, the less money will be required for its registration. That is why, if living space in Moscow costs tens of millions of rubles, notary services are frightening due to their price. But in the regions there are no such prices, both for real estate and for notary services. So it will be easy to invest 5,000 rubles.

The information in this article is provided for informational purposes only.
We recommend that you contact our lawyer.

Today, citizens prefer to register almost half of the purchase and sale transactions of housing in St. Petersburg through a notary, although this is not required by law. BN looked into why notarization is needed, how it affects the quality of the transaction and how much it will cost its participants.

Last year, the State Duma of the Russian Federation considered amendments to the Civil Code of the Russian Federation, providing for the introduction in the country of mandatory notarization of all purchase and sale transactions in the real estate market. However, after long discussions, parliamentarians rejected this norm: the views of legislators and market participants about its feasibility in Once again separated.

According to “continental standards”

In most European countries, it is the notary who plays main role in matters of securing rights to real estate and their registration. Russian legislation in the housing sector approaches the norms of the so-called “continental law” very carefully. De jure expansion of the powers of a notary should occur only after the adoption of long-discussed amendments to a number of federal laws. De facto, many home sellers and buyers today are already very actively using the possibility of notarization of transactions.

According to Peter Gerasimenko, a member of the board of the St. Petersburg Notary Chamber, currently approximately 40-45% of transactions on the secondary market of St. Petersburg apartments are carried out through a notary.

It should be clarified that we are talking specifically about transactions that do not require mandatory notarization. Although, according to housing legislation, among transactions with residential real estate there are those where the participation of a notary is mandatory.

These include, in particular, marriage contracts (which stipulate issues of ownership of real estate), mortgage agreements and all subtypes of rent agreements. True, according to experts, the latter are practically not concluded today. After the amount of rental payments was legally tied to the subsistence level (and increased significantly), the number of potential renters was reduced to almost zero.

In all other cases, which include the purchase and sale of an apartment, the parties have the right to enter into transactions in simple written form, without resorting to the services of a notary.

What is checked and how is it checked

Nevertheless, many participants in transactions still prefer the notarized form of their certification. Petr Gerasimenko believes that there are a number of completely objective reasons for this. Firstly, the notary ensures the legal purity of the transaction, secondly, it frees its participants from the need to delve into complex legal and legal intricacies, and, finally, it actually guarantees the injured party compensation for damage in the event of document fraud.

Today, a notary is obliged to check not only the legality of the purchase and sale, but also the rights of the parties, the authenticity and competence of documents (their list is defined in the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”), the presence of encumbrances and the prohibition of alienation of real estate. When certifying transactions involving minors or incapacitated citizens, the consent of their legal representatives, guardianship and trusteeship authorities is also verified.

According to the Chairman of the Board of the North-West Chamber of Real Estate, Pavel Sozinov, the very fact of this inspection, carried out by a disinterested third party, is for many sellers and buyers a decisive psychological argument in favor of the notarial form of the transaction.

They don’t take money for asking

It should be borne in mind that even when concluding a purchase and sale transaction in simple written form, in most cases it is still impossible to do without the services of a notary.

For example, a notary is needed to certify a copy of the cadastral passport of the object, consent to the transaction of the spouses of the parties to the contract, a copy of the marriage certificate in the case of registration of the right of common joint ownership and, in some cases, a number of other documents. All of them will be required for state registration of property rights in Rosreestr.

In this case, the future participant in the transaction can derive double benefit from visiting the notary. The fact is that initial notary consultations in most notary offices in St. Petersburg are free. But they can already help significantly - the specialist will explain what package of documents and approvals is necessary to complete a specific transaction, what legal requirements apply to it, what are the rights of the parties, and whose other interests it may affect.

If the client wants to save himself as much as possible from paperwork, then the notary can be delegated broader powers - from drawing up the so-called “draft transaction” to registering property rights in Rosreestr. True, all this will no longer be free.

Turnkey deal

If the client decides not to limit himself to a consultation, but to entrust the notary with the complete execution of the transaction, then he gets rid of many unnecessary “body movements”. First, the notary's office specialists will prepare a “draft transaction” (a list of all notarial actions that will be required in a particular case). This includes drawing up an agreement, agreeing on the sale price, form, payment procedure and the possibility of installment payments, obtaining the consent of spouses, co-owners, etc.

The final stage will be the signing of the agreement, during which the notary reads it to all interested parties and explains all the legal consequences of the transaction. By the way, according to experts, it is at this stage that the parties often want to make some additions. And sometimes the notaries themselves last moment refuse to certify the contract. For example, if they see that “the will of the seller is not clearly expressed.”

If everything is in order and the agreement is signed, the notary himself can submit documents for registration of property rights to Rosreestr. This procedure is also quite troublesome. If the agreement is concluded in simple written form, then in addition to independently collecting the necessary package of documents, all parties to the transaction must appear to submit the application in person and at the same time. It is clear that if several people are involved in a transaction from different sides (some of whom may be residents of other regions), then it can be very difficult to agree on a joint trip to Rosreestr. The mediation of a notary in this matter will cost each participant in the transaction approximately 300 rubles. The owner will only have to pick up the already registered documents from the notary’s office at a time convenient for him.

Price issue

The cost of notarization of a “turnkey transaction” consists of two components. The first is the notary tariff, uniform throughout Russia and determined by the Federal Law “Fundamentals of the legislation of the Russian Federation on notaries”. According to this document, the amount of the tariff depends on the price of the transaction object specified in the contract.

Thus, for completing a transaction with an apartment or room worth up to 1 million rubles, you will have to pay 1% of the transaction amount (but not less than 300 rubles). If the object costs from 1 to 10 million rubles, then registration will cost 10 thousand rubles. plus 0.75% from the contract amount exceeding 1 million rubles. And the participation of a notary in a real estate transaction worth more than 10 million will cost 77.5 thousand rubles. plus 0.5% from the contract amount exceeding 10 million rubles.

By the way, according to the same document, “for notarial acts performed outside the premises of a notary’s office, executive authorities and local government bodies, the notarial fee is charged in an amount increased by one and a half times.”

The law does not stipulate in any way which party to the transaction should pay for these services, so this issue is resolved by mutual agreement. In practice, most often these costs are borne by the buyer, as the party most interested in legal purity.

Additionally, you will have to pay for the so-called “work of a legal and technical nature,” which includes drafting a purchase and sale agreement, powers of attorney, statements, binding and photocopying documents, etc. The cost of these works varies from one notary office to another. According to experts, the city average is 5-10 thousand rubles. for a transaction with an object worth about 5 million.

Notary as financial insurance

There is another important point that pushes clients to conduct a transaction through a notary. According to the law, a notary “bears full property liability for damage caused to the property of a citizen or legal entity as a result of a notarial act.”

That is, if, for example, you run into scammers selling someone else’s apartment using forged documents, the notary will either discover this at the verification stage or compensate you for material damage. Compensation is provided through special insurance, the availability of which is another legal requirement. Today, every notary must be insured for 2 million rubles. However, according to Peter Gerasimenko, most St. Petersburg notaries - in addition to this - voluntarily increase the insurance amounts.

By the way, participants in the transaction should remember that in the event of force majeure, compensation for damage is made within the framework of the transaction amount specified in the contract. Therefore, those who deliberately underestimate it in order to reduce taxes, instead of saving, risk receiving considerable material damage.

Note to client:

- According to the law, an ordinary transaction for the purchase and sale of housing today can be concluded in simple written form. - In most notary offices in St. Petersburg, an initial consultation can be obtained completely free of charge. - If an insufficient package of documents is submitted to Rosreestr, the registration will be suspended until the shortcomings are eliminated, which can significantly delay the process.

Registration of an apartment with a notary: a necessary measure or unnecessary expenses

Notary - important person in the world of real estate, because no matter what transactions you make with it, you will need his, sometimes short-term, but significant, participation.

However, despite all the weight of his figure, many do without his services when purchasing an apartment. In addition to registering the purchase and sale, it is completely optional to have the following real estate transactions certified by a notary:

• exchange;
• trust management.
  

There are two ways to complete a purchase and sale transaction: with the assistance of a notary and without it. The participation of a notary should increase the reliability of the transaction, because he bears serious property responsibility and is no less interested in its legality than the buyer.

There is also an independent method of registration - a simple written agreement. It is popular among buyers because it saves hard-earned money. At the same time, this type of contract execution significantly reduces the number of trips to the notary, but somewhat increases the time spent chasing various documents. Simply writing it down is both convenient and risky. Convenience and savings are undeniable advantages. However, you need to remember the disadvantages.

Serious disadvantages of simple written formatting are:

• Impossibility of document recovery. So, if something happens to the contract, there will be nowhere to get a backup copy and you will need to go to court to restore property rights. You will have to prove your rights, and this is all an additional waste of money, time and nerves.
• Inability to verify a power of attorney, if one is used during registration.
• Absence of a legally competent party to the transaction.
  

At the same time, if the transaction is notarized, this has the following positive aspects:

• A notarial form is a real way to save yourself from all sorts of troubles: all notaries are insured.
• Possibility of restoration of the purchase and sale agreement in case of its loss. There is a high probability of problems arising in the future in the absence of such an agreement.
• The notary must double-check whether the property has been seized or mortgaged.
• The notary is responsible for all notarial acts performed. In the case of a simple written form, there is no one to assign responsibility to.
  

It falls on the shoulders of the notary andproperty check:

• information about past and potential major repairs and redevelopments, possible demolition and the state of communications;
• the authenticity of all documents, including title documents;
• the fact that the apartment is in collateral, etc.

The buyer can obtain all this information himself. For example, information about repairs, alterations and condition can be obtained from the BTI by issuing a technical passport there. You will need the assistance of the apartment owner, as well as time. The authenticity of documents can be confirmed by a notary during a consultation, which will be several times cheaper than registration. The buyer can himself contact the Unified State Register of Rights to Real Estate and order a certificate for the apartment he is interested in. This is a document containing the name of the owner of the property and the legal basis on which he became so. It is better to do this on the eve of signing the purchase and sale agreement, since the preparation of this extract usually takes up to ten days.

If you decide to resort to the help of a notary, he will, firstly, become a guarantor of the legal purity of the transaction. Secondly, such assistance will relieve participants from the need to delve into numerous legal subtleties.

After the notary carefully checks all the documents, a purchase and sale agreement is drawn up. It must include the following points:

• detailed information about this property;
• cost of the object;
• information about sellers and buyers.
  

Documents for registration of the transaction

When registering a transaction with a notary, he must be given a whole

• Cadastral and technical passports.
• Copies of documents for the apartment, related papers and certificates.
• Spouse's permission to conduct a transaction.
• Copies of passports of all apartment owners.
• Expert review.
• An extract from Rosreestr is your guarantee that the apartment has no debts, has not been seized, or has committed any other sins.
• Extract from the house register.
• Certificate from the housing department confirming the absence of debt.
  

In addition to all of the above, it should also be added that if a person is selling an apartment and is married, then he should present the original marriage certificate, as well as a notarized consent of the spouse for the sale of residential real estate.

Require the same package for simple registration.

Advantages of notarization

Another important point speaks in favor of notarization - notarized acts have increased evidentiary force.

When performing a notarial act, the notary:

• establishes the identity of the parties to the transaction or their representatives;
• when certifying transactions, it ascertains the legal capacity of citizens and checks the legal capacity of legal entities participating in transactions.
• familiarizes transaction participants with the contents of notarized documents;
• is a guarantor that all documents drawn up by a notary are always signed personally by the parties to the transaction.
• does not accept documents that have erasures or additions, crossed out words or other corrections, as well as documents written in pencil.
  

All these and many other actions are aimed at ensuring that the transaction is completed correctly from a legal point of view.

Regardless of whether you decide to use the services of a notary or formalize the transaction in simple written form, all documents must be submitted to Rosreestr. An application for registration of this transaction is also drawn up there. Then the buyer receives a receipt indicating that a whole package of documents has been received from him. Obtaining a certificate of ownership of an apartment using this receipt usually takes from a week to a month.

This table shows all the advantages and disadvantages of notarized and simple registration: