How to sell an apartment yourself: step-by-step instructions

For those who want to sell an apartment without a realtor, we have collected all the tips on preparing an apartment for sale, a list of necessary documents, the nuances of completing the transaction and making payments in one place. Use our step-by-step instructions to help you sell your apartment on your own!

How to sell an apartment yourself: general rules

If you are planning to sell an apartment yourself, you must be prepared to spend time and money on it. With a realtor, the process will be faster, but for help in finding a buyer you will have to pay 10% of the transaction cost, depending on the region. It makes sense to contact real estate agencies if we are talking about selling a “complex” apartment - for example, located in another city, etc.

If you are selling a standard apartment and carefully follow the instructions, then there should not be any special problems.

Before selling you will need to do:

• Collection of missing documents;
• Conduct pre-sale preparation of the apartment;
• Place advertisements for the sale of an apartment on relevant web sites;
• Organize a viewing of the apartment for potential buyers;
• Check buyers' documents;
• Conclude preliminary and main agreements.

When selling an apartment on your own, you also need to take into account whether it was purchased with maternity capital or not, whether minors live in it, whether there is a mortgage encumbrance, etc.

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The process of selling a private home is in many ways similar to selling an apartment. However, finding a buyer for an apartment is usually easier, and there are a number of mistakes that can hinder the quick sale of the house. We tell you what you should pay attention to and what you should not allow in order to quickly and profitably sell a private house.

• What mistakes exist when selling a private home.
• Why is it important to take into account the availability of land?
• Why you shouldn’t increase or decrease the price before purchasing.
• Why is it better to start selling a house in the spring?
• What you should and shouldn’t write in a sales ad.

Mistake 1. Trying to sell a house without registering the land

According to the Land Code of the Russian Federation, a house is an object firmly connected with a land plot, which means it must follow the fate of the land plot (clause 5, clause 1, art.

1 Land Code of the Russian Federation). That is, it is impossible to sell a plot without a house located on it if they belong to the same person.

When selling a house, the buyer acquires the right to use part of the land plot on which the house is built (Article 35 of the Land Code of the Russian Federation).

This means that when preparing for the transaction, you will have to collect two sets of documents - separately for the house and for the land plot.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

If for one reason or another you do not have documents for the land, you need to obtain them, that is, the land must be registered as ownership (for example, privatized or purchased) or officially leased. Without documents for the land, it will not be possible to complete the transaction.

If the land is leased, you can sell the house, but according to a slightly different procedure: together with the house purchase and sale agreement, you must draw up an agreement for the assignment of the land lease right and register the transfer of the lease right in Rosreestr.

Read detailed instructions on how to sell a house with land on ask.dom.rf

Mistake 2. Excessively inflating or underestimating the price

To sell a house quickly, you need to correctly assess its value. There are two approaches here: cost-based and comparative.

The first option involves determining the costs of purchasing the same plot of land and building a similar house. Also, when selling a house, many estimate its value based on their own costs of purchasing and repairing it, landscaping the site, installing a new fence, etc.

This is a mistake, since these amounts may not be comparable - especially taking into account inflation and wear and tear on repairs and the house.

In the second option, you compare your home to similar ones for sale and determine its market value. The more comparisons, the more accurate the result.

When comparing your home to similar ones, consider the following:

• location of the house;
• materials from which the house is made;
• possibility of year-round living;
• condition of the access road;
• availability of gas, electricity, water wells, autonomous sewage system (septic tank);
• type of land plot - individual housing construction (individual housing construction - you can register in such a house, and the surrounding infrastructure is monitored by the administration) or SNT (gardening non-profit partnership, you cannot register in the house, and the entire infrastructure is maintained at the expense of the members of the partnership); houses with plots in SNT are usually cheaper;
• ecological situation in the area.

Additionally, the speed at which a home sells depends on activity in the market. If there are a lot of transactions on it, that is, it is not during periods of crisis or economic downturn, and you are unable to sell the house within a month, it may be overpriced.

During periods of low activity in the real estate market, this period may be six months. If the house isn't selling, try lowering the price.

If this does not help, many realtors advise removing the ad from sales sites for a while, and after some time updating it and trying again.

Mistake 3. Contact unscrupulous realtors

If you decide to contact a real estate agency for help in selling a house, check what the advertisements look like and clearly state in the contract with the realtor all the conditions and cost of its services. There are cases when agencies add a considerable amount to your price for a house - and put it in the ad in order to take the difference without your knowledge.

As a rule, it is even more difficult to find buyers at an inflated price than without the participation of an agency.

Another mistake is trying to cooperate with several real estate agencies at once. In this case, advertisements on popular sites for selling houses may be duplicated, and this causes distrust among potential buyers.

Mistake 4. Starting to sell a house in winter

During the cold season, the demand for country houses decreases. Start selling in spring or fall. People typically look for homes in the spring and summer, so it's best to list it in March and expect it to take 2 to 6 months.

If you still haven’t managed to sell your house during the season, it’s better to take it off the market altogether and remove ads until next spring.

Error 5. Incorrectly composed ad

Your listing is the first impression potential buyers have of a home, so you need to put your heart and creativity into it. Take high-quality photographs, shoot a video and write an honest and most informative text.

Photographs will help create a favorable impression of your home. Treat this responsibly: invite a photographer if you yourself don’t understand how to choose the winning angle.

The order of the pictures you post in your ad is also important. Place the pictures as if a person is walking around the house and then entering it - and looking at everything sequentially.

If possible, add video footage.

Also pay attention to the fact that your March ad does not include green lawns and spreading bushes, and, on the contrary, a summer cottage with a garden should not be photographed in winter. The ad must be seasonal.

The ad text should list all the main advantages of the house. In particular, buyers pay attention to the possibility of year-round access and living in the house, the availability of gas, electricity, the size of the plot, and the distance from large populated areas.

Indicate that you are the owner of the property; As a rule, people are more willing to buy real estate without intermediaries.

Make the headline as specific as possible, for example: “House for year-round use, 90 m2, gas, well, plot of 15 acres, 15 minutes from the Balabanovo railway station.” And in the text itself, proceed to the details: “Warm brick house, 2 floors, 6 rooms, heated garage, bathhouse, pond on the site and a fish as a gift.”

If the house has flaws, it is better to write about them right away in the text of the ad - in this case, the buyer will not be disappointed when he comes to look at the house.

If you are interested in your home, try to find out from the potential buyer why he needs the house, and when showing, focus on what he might like. If the buyer dreams of his own vegetable garden, pay attention to the fact that there is fertile land on the plot; if he dreams of a quiet corner where he can take a break from the noise of the city, show the nature around.

Error 6. Deferred transaction without a preliminary agreement

If the buyer liked your home and you agreed on a deal, but it will be completed later, you must conclude a preliminary purchase and sale agreement. It is important that this agreement records all the main agreements and the period within which the main agreement must be concluded.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

A pre-contract guarantees the buyer that you will not sell the house to other people before it expires, and it allows you, as the seller, to avoid a situation in which the buyer backs out of the deal months later and you lose valuable time.

All members of a family that purchased or built a house using funds from the mother's certificate have equal rights to a proportionate share in this property. However, children, including those born and after purchasing a home, have special rights that create a number of obstacles during the sale.

Below I talk in detail about how you can sell a house bought with maternity capital and what you need for this.

1. Deposit into the account an amount equal to the cost of the house share for each child;
2. Obtain permission to sell the house from the guardianship authorities;
3. Register the sale of a house in Rosreestr.

Selling an apartment: where to start

Conventionally, the process of selling an apartment can be divided into two stages: preparatory and main.

What is needed to sell an apartment:

• Determining the value of your apartment;
• Decluttering, cleaning, emptying the apartment of things;
• Cosmetic repairs - if necessary;
• Collection of documents;
• Placing advertisements and sales on thematic resources;
• Showing the apartment to responding buyers.

The main stage of selling an apartment includes:

• Drawing up a preliminary agreement and receiving a deposit;
• Signing of the main agreement with subsequent registration;
• Transfer of apartment and keys;
• Receiving the remaining money;
• Payment of tax duty.

Step-by-step instructions for selling an apartment without a realtor

Determining the value of your apartment.

There are two ways to go here:

• Independently monitor prices for apartments in your area, comparing your apartment (footage, technical condition) with similar apartments. This way you can understand the average price on the market.
• Order an apartment appraisal report (price from 2-3 thousand rubles), which will contain information about the market value and liquidation value of the property you own.

Do not forget that the price at which you are going to put the apartment up for sale must correspond to the market value. An inflated price will force potential buyers to consider more profitable offers, and accordingly, you will not be able to sell the apartment quickly.

General provisions on terms of sale

How long should an apartment be owned before selling? It depends on who the previous owner was:

• 3 years if the property was received from a close relative;
• 5 years if the property was received from a distant relative or stranger.

It also matters how the current owner became the owner of the apartment. He could receive it as a gift, inherit it, buy it - in this case the rule of kinship applies. If the property was acquired as a result of privatization or under a lifelong maintenance agreement with rent, then the period is 3 years.

The law on such a temporary framework was adopted in 2021. Before this, the maximum period that the owner had to wait was 3 years and did not depend on family relations with the previous owner. Consequently, if a citizen purchased housing before 2016, the old conditions apply to its sale.

When determining the cost of an apartment, we recommend taking into account the following parameters:

• An area whose size is directly proportional to the price: more square footage means higher cost;
• The number of rooms and their location relative to each other. Isolated rooms and separate bathrooms will have an advantageous effect on the price. But adjacent rooms and a combined bathroom will lower it. The same applies to storage rooms, laundry rooms - their presence or absence, as well as the condition of the balcony.
• Number of storeys (the first and last ones are in less demand);
• The presence or absence of repairs;
• Location and infrastructure of the area. In cities with a population of over a million, apartments near transport interchanges and the metro are more highly valued. For families with children and the elderly, the close location of hospitals, pharmacies, parks, schools, kindergartens and playgrounds will be important.
• General condition of the house. Thus, houses built half a century ago may have technical problems: leaking roofs, poor plumbing, etc. We would like to make special mention of houses that are classified as cultural heritage sites (cultural heritage sites). Selling them is much more difficult, despite the tempting idea of ​​living in a cultural monument. Taxes and repair requirements are much higher here, making them less attractive to buyers.
• Legal aspects: presence of encumbrances, unpaid utility debts, etc.

Pre-sale preparation of the apartment

Give your apartment a presentation! Carry out a general cleaning and get rid of unnecessary things that “eat up” square meters. This way you can show off the space and create a cozy atmosphere, which will make the apartment more attractive. If necessary, you can make cosmetic repairs, as well as bring windows, doors, electrical and plumbing into working condition. According to statistics, even if you spend 3% of the property value on renovations, you will sell the apartment for 7% more.

If there is no remedy at all, you can peel off the wallpaper and, at a minimum, wash the apartment of dust and dirt. Such an apartment can be put up for sale as prepared for renovation.

Also, the condition and appearance of the entrance, staircases, etc. may influence the purchase decision. Clean walls, free of graffiti, will at least make the entrance more attractive.

Collection of documents

Here is a list of necessary documents (and deadlines) that you will need when selling an apartment on your own. Please note that the list of documents when selling an apartment may have its own characteristics, for example, if you are selling an apartment purchased with maternity capital, with a mortgage, or if you have minor children.

Methods of deception

Buying an apartment that has been owned for less than 3 years is associated with great risks. There are several common fraud schemes used by unscrupulous sellers:

1. Selling with fake documents. Most often, powers of attorney are forged when the apartment is sold not by the owner, but by his authorized representative. Another option is possible - the property is in common shared ownership, the seller is the husband, and the power of attorney from the wife is forged. But sometimes fraud reaches enormous proportions - all documents and the apartment are completely fake, and the true owners do not even know that their property has been sold.
2. Recognition of the transaction as invalid. Some time after the purchase and sale agreement has been concluded, the former owner goes to court to declare the agreement illegal. The reasons can be very different: the co-owner was not aware of the sale, minor children are registered in the apartment, the living space was donated to the previous owner and the donor decided to revoke the deed of gift, the house was inherited and other heirs appeared.
3. Selling an apartment to several buyers. While the buyers are arguing over who is now considered the new owner of the apartment, the fraudster absconds with the money he received.

It is worth saying that fraudulent actions can also be committed by buyers. They can persuade the seller to indicate the amount of 1 million rubles in the contract so that he does not pay income tax. As everyone understands, we may never see the rest.

What documents are needed to sell an apartment?

Basic list of documents for selling an apartment

• USRN Help
• Cadastral and technical passport
• Extract from the personal account
• Certificates about family composition
• Preliminary purchase and sale agreement
• Contract of sale
• Apartment acceptance certificate

Posting an ad

We advise you to adhere to the following rules for posting and preparing an advertisement:

Shoot the apartment in the morning or afternoon in natural light. When shooting, emphasize the footage and the main advantages of the apartment. If there is a storage room, remove it. If the bathroom has new tiles and the pipes have been changed, this also deserves attention! Show the view from the window, the availability of parking, and a well-groomed local area.

When composing an advertisement, indicate the main parameters of the apartment, note the infrastructure (gardens, schools, hospitals, etc.). Make the ad as informative as possible so that the buyer does not have any questions.

Place an ad on several sites for the sale of housing. These can be both websites and groups on social networks, where it is possible to post your ad for free (or for a small price) and sell it.

Allocation of shares after sale

If maternal capital must be used in full or in part to pay off mortgage obligations, then parents are required to provide notarial undertakings to the OOP that the children will receive shares in the purchased housing within 6 months after the removal of encumbrances.

Thus, there are no restrictions on transactions for the sale of housing purchased with the participation of maternity capital, and the only criterion for the legality of such transactions is the written permission of the PLO. Permission from the public educational organization will be obtained without allocating shares to children when providing them with housing: in a purchased house or apartment to replace the alienated one; in housing available to parents or close relatives.

Showing the apartment to potential buyers

Be polite and friendly - a pleasant impression, including from the owner, is conducive to making a purchase. During the conversation, find out for what purpose the apartment is being purchased. For those planning to rent out, a concession in the form of household appliances or furniture that you are willing to keep will be relevant. For those who are buying for themselves or loved ones, tell them in detail about the advantages of your particular apartment compared to similar ones for sale in the same area.

Transfer of money when buying an apartment. How does money transfer happen when buying an apartment?

Are there any benefits for personal property tax?

Some categories of citizens receive a 100% benefit, that is, they do not have to pay tax at all. Their list is quite long; it can be read in its entirety in the Tax Code of the Tax Code of the Russian Federation, Article 407. In particular, it contains:

• Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees;
• disabled people of the first and second groups, as well as disabled people from childhood and disabled children;
• participants and veterans of various military operations, starting with the Civil War;
• pre-retirees and retirees.

If a citizen owns several real estate properties, the benefit applies to only one of them - at the taxpayer’s choice. It is important that this property is not used in business activities.

There are also local benefits. They can be found in the same tax service where you checked tax rates. They can also reach 100% or make up some part of the tax.

Main stages of selling an apartment

As we said above, the main stage of buying an apartment includes:

• Signing a preliminary agreement or deposit agreement;
• Signing the main purchase and sale agreement;
• Its registration;
• Receipt of the remaining amount.

Preliminary purchase and sale agreement/deposit agreement

If you are selling an apartment yourself, you will need to conclude either a preliminary agreement or a purchase and sale agreement. Both are designed to record the buyer’s intentions – to buy, and the seller’s – to sell. During these agreements, the buyer pays a portion of the cost of the apartment, and the seller removes all advertisements for sale from web sites and stops showing the apartment to other potential buyers. Contracts are needed to give time to both the seller and the buyer to collect the missing documents, with a short validity period (therefore they are collected immediately before the transaction itself).

Scammers

It’s one thing when you have a dishonest person in front of you, it’s another thing when you come across a real scammer. If the apartment has been owned for less than 3 years, we may be talking about selling the property through nominees. Transactions are carried out very quickly so that the victims do not suspect anything. You make an advance payment, and then it turns out that “the owner is not real!” Or you may not be the only buyer of this apartment.

What is the difference between a preliminary purchase and sale agreement and a deposit agreement?

The preliminary agreement includes the following points (they will also be duplicated in the main agreement):

• The cost of the apartment and its main characteristics (footage, address, number of floors, etc.);
• Payment procedure (one time, in parts, etc.);
• Who pays and for what during the purchase and sale of an apartment (payment for notary services, renting a safe deposit box, etc.), as well as the responsibility of each party in case of refusal of obligations;
• Deadlines - when the seller vacates the apartment and removes it from the register, as well as the terms within which the transaction will be finally completed, the money will be transferred, and the seller will hand over the keys to the apartment.

Payments for an apartment

• When paying in cash. One of the most reliable ways to transfer money is a safe deposit box. It is rented by the buyer for the period within which registration actions must be completed (approximately 10-14 days). The money is placed in a safe deposit box in the presence of bank employees, the package containing the payment is sealed and sealed. After registering the transaction in Rosreestr, both parties receive a registration agreement and an extract from the Unified State Register of Real Estate confirming the transaction. Based on these documents and the apartment acceptance certificate, the seller will receive the money deposited in the locker.
• For non-cash payments, a letter of credit and a payment order are used. If a buyer purchases your apartment with a mortgage, then non-cash payments are also used here. The bank transfers money to the seller’s personal account after registering the transfer of ownership (agreement).

Cases of challenging a transaction

A transaction can be challenged on a general basis in accordance with the provisions of Article 450 of the Civil Code of the Russian Federation if one (several) of the provisions of the contract are not fulfilled by the counterparty.

The same applies if the rights of third parties who encroach on the ownership of the apartment are violated. It is also possible to recognize a contract as voidable on a number of grounds set out in Articles 166 and 167 of the Civil Code of the Russian Federation. These include violation of the law when concluding a contract:

• with a minor;
• with an incapacitated person;
• in oppressive circumstances;
• if the transaction is imaginary or made with other violations.

That is, all cases of violation of the law allow for the cancellation of the contract and bilateral, and in case of fraud - unilateral restitution.

REFERENCE: Restitution is the return to the parties of what was received in a transaction, bringing legal circumstances to the state that existed before the conclusion of the agreement.

Transferring an apartment and receiving money

After registering the transaction, the buyer receives a registered agreement and an extract from the Unified State Register of Real Estate, indicating that an entry has been made in the register. The seller is given only his copy of the contract. The next stage is the transfer of the apartment and the execution of the transfer and acceptance certificate. It is drawn up in two copies, and if the buyer attracts borrowed funds - in 3 (+1 for the bank). Based on the registered agreement and the transfer and acceptance certificate, the bank gives the seller access to the money. This concludes the transaction for the independent sale of the apartment! Congratulations!

Text: Daria Morozova

Apartment according to will

It is definitely worthwhile to thoroughly study the issue and check the documents if the apartment has been owned for less than 3 years and the seller received it by will. The fact is that an inheritance document can be challenged within a certain period. If the heirs believe that the will was written under duress, then they can appeal to the court within a year. And if errors are discovered when drawing up the will or it turns out that the heir-seller is incompetent, then you can challenge it within three years.