You will need
- - your passport, seller and witnesses;
- - the contract;
- - the receipt of funds;
- - the notarial power of attorney.
To buy a garagethat is not in the ownership, apply for a General notarial power of attorney, the validity of which is 3 years.
Enclose a written contract of sale specifying the subject of the contract, prices and all terms of purchase. Invite two witnesses on the part of the seller and two witnesses from his side. Under the contract ask them to put a signature and passport details.
Money for the garage to give in the presence of witnesses. Ask the seller to write a receipt that he received the whole amount of money for selling the garage, which is not in the ownership. Also indicate in the receipt that in the future will not have problems on registration of immovable property to the buyer, and if they occur, then the former owner will take all measures for their legal settlement.
Even this form of a receipt does not guarantee that in the future a garage will not show up for their rights with others. Because if you're not deed, at any time may declare persons who apply for real estate and have every right (article 2965, 3075). You can submit a reference from drug abuse dispensary, at the time of writing the contract and receipts, your seller was in a deranged state, and was recognized as court incapacitated.
Therefore, the most safe to buy a garage from the owner and to execute all documents at the notary, who must verify that the seller is sane, capable and all documents for the transaction is genuine.
But if you still dare to buy property with unregistered rights of ownership, then immediately start the procedure of registration of ownership. To do this, swipe the land plot under the garageom, please fill out the cadastral passport on the ground and the garage, will get account statements and register their rights of ownership in PPRC.
Advice 2: How to make buy a garage
Purchasing a garage, we want to be sure that the purchase is made by all the rules and is legal. Today, however, no one is safe from unscrupulous sellers. If you don't want to fill up the number of those who bought the garage, found that the rights do not have to treat them carefully to acquire storage for your car.
First of all, make sure that you purchase the garage is on the legally registered land and gives you a guarantee of safety of property. The number of such buildings include, typically, the garages, installed on-site garage-building cooperatives (GSK), known since Soviet times. Are such cooperatives on the long-term row long-term lease or transfer of land in perpetuity.
When you purchase a garage in GSK check the technical passport and certificate of ownership from the Bureau of technical inventory. Ideally, the garage should not only be placed on the rightful place, but to be passed by the state Commission, recorded in the register of real estate as capital structure.
If the garage is not "Soviet" buildings, and relatively new, then you take to checking the legal grounds for the construction of the garage more carefully. Between the owner of the garage complex (cooperative, partnership or joint stock company) and the city should be entered into a formal agreement interim or long term rental.
Beware to buy a garage in the buffer zone. Such areas include the area near the rail, industrial areas, etc. If you are going to place the garage on a legal basis, then it is possible that in this case such a design would be difficult, since the garage can be built only on the basis of oral agreements with the local authorities, no lease.
After checking the legality of the grounds on which the garage will determine the method of acquisition of the property. This can be a purchase or participation in the garage cooperative.
Getting the garage through its purchase specify whether it referred to movable or immovable property. The garage, standing on the Foundation is real estate. The purchase of real estate will have to register in state bodies, after which you take ownership of.If the garage is only a metal box mounted on the ground, it is movable property. Ownership in this case arises from the transfer of the garage.
In the contract of purchase and sale provide the parties to the contract, the product name and its price. With such a design to deprive you of the garage will be possible only by court order.
If you decide to join the garage cooperative, please carefully read the Charter. Please note on the order and conditions of delivery of the garage leases, the donation and resale. After registration of membership in the cooperative, you can make a garage with the actions provided by the Charter and not contradicting the legislation.
Advice 3: How to arrange the sale of the garage
The sale and purchase of the garage shall be in accordance with the rules of transactions with real estate, as all the buildings, which are capital Foundation, are the property. This derives from Article 130 and 131 of the Civil code of the Russian Federation. Sell garage can its owner. Property can be obtained on the basis of article 93-F3 of the Federal law on the simplified registration of land plots and built on them properties. To make the transaction of purchase and sale, you must collect a number of documents.
You will need
- - certificate of ownership;
- - identification documents of buyer and seller;
- - notarized permission from his wife for sale;
- - agreement of purchase and sale;
- - the act of transfer and acceptance.
According to the laws of the Russian Federation all documents for the sale of any property seller must collect. The buyer only need to check the licenses and identity documents of the seller, to have a passport, sign the contract of purchase and sale and the act of transfer and acceptance, to pay the agreed amount and register their ownership rights over the purchased property.
If you are the seller of the garage and right of ownership to it is not registered, then until the moment of state registration of rights, officially make the transaction of purchase and sale of the garage you can't. Therefore, planning to sell the property, will get him a certificate of ownership.
To obtain a certificate of ownership, you should contact the Office of the Federal registration centre, a statement, a receipt of payment of state duty for registration and to submit a number of documents provided by the law. If the garage passed to you by inheritance, will require a certificate of inheritance, if it was given – the contract of donation. If you garage built themselves, participating in co-operative building, produce a certificate from the Chairman of the cooperative on the full introduction of shares, and a statement from the Department of BTI on the object and a copy of the plan of the garage.
The land under the garage should be considered separately, but this is only possible if all members of garage cooperative agrees to issue sites in the property. If even one person disagrees, then to package section. Therefore, the garage will issue to the property on the basis that all the plots under real estate objects owned by these objects. In any case, contact the chamber of accounting of land, cadastre and cartography a statement, invite a engineer on cadastre and it will solve a question on the survey.
If the garage you built yourself, being in registered marriage, then the sale will require the notarized permission of your wife (article 256 of the civil code and article 34 of the RF IC).
Having the right of ownership, enclose with the buyers agreement of sale. In accordance with the changes in the Civil code of the Russian Federation on 1 January 1996, the agreement does not require notarization of the compilation, but it is only a recommendation, not a rule. Therefore, you can decide to enter into a notarial contract or a simple written form, written by hand and signed by you and your customers. Be sure to make the act of transfer and acceptance, as without this document rights of ownership of the buyers do not register.
The last stage is the registration of ownership rights to the buyers. If all the above steps seem too complicated and tedious, entrust the execution of all documents the experts of real estate Agency. They will draw up your ownership rights, you will find buyers and make the sale of the garage in accordance with all provisions of the law.
Advice 4: How to buy a garage in the cooperative
Officially buy a garage in the cooperative only if the owner has fully paid the contributions and registered ownership rights. Otherwise, theoretically, by the garage is possible, but ownership rights to it have not issued and the transaction officially is not registered.
You will need
- — passport;
- — certificate of ownership;
- — cadastral extract from the BTI and the land Committee;
- — agreement of purchase and sale;
- — the act of transfer and acceptance;
- — the statement in FPRZ;
- receipt for registration;
- — statement by the President (if the contributions for the garage is not paid).
If you want to purchase a garage in the co-op officially become its owner in the first place, see the documents available from the seller. To sell the property can only be owner. The right of ownership to the garage in the garageof Mr. the co-operative is registered on the basis of the submitted documents to FPRC.
Before registration, the owner must apply to the cadastral chamber, and at the BTI, obtaining a cadastral and technical documents on the property, to obtain extracts and apply to PPRC for registration of ownership.
In addition to the certificate of ownership to the seller the garageand the cooperative is obliged to obtain written consent from the spouse if he joined the cooperative, being in a registered marriage (article No. 34 of the RF, article 256 of the civil code). If the garage is decorated the right of ownership to several people, all of them must give notarized authorization (article No. 244 of the civil code).
Conclude with the seller the notary, or a written agreement of purchase and sale, execute an act of acceptance-transfer and call FPRC for registration of its ownership of the purchased garage.
If the garage do not have ownership, the purchase only means that you will become a member of garageco-operative tion, and you will go to the duty to pay membership fees. To document such a purchase, please contact the Chairman of the cooperative, which will gather General meeting of shareholders, tell them about your joining the cooperative. Then you have to write a statement to present a passport. Membership owner for the payment of the installments will renew you. That is, giving the money to the seller, you do not become the owner. You only pay for the portion of membership fees by paying them in one lump sum.
To formalize the right of ownership acquired a garage you will be able, after full payment of the membership fees when we do all the cadastral and technical documents.