Sample offer to buy out a share in an apartment 2021

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The owner of a share of an apartment has the right to dispose of it at his personal discretion. But the alienation of part of the common property under a purchase and sale agreement must be carried out with an eye on the interests of the remaining co-owners - according to the Civil Code of the Russian Federation, the seller is obliged to send them notifications about the upcoming transaction. Why this is necessary and what you should pay attention to when drawing up an offer - the information below will tell you.

Why is an offer to sell a share necessary?

The co-owners of the common property are the first to know about the upcoming sale of part of it. This is necessary so that, within the prescribed period, they can assume the rights and obligations of the buyer and add the purchased share of the apartment to the existing one.

Participants in shared ownership have this privilege in accordance with Art. 250 Civil Code of the Russian Federation. The legal provision states that they have a right of first refusal, which is valid for 30 days from the date of receipt of notice of the sale.

Compliance with the right of pre-emption is the responsibility of the seller. After making a decision to sell the share and setting its value, he will have to draw up and send letters to all co-owners offering to buy it back on the stated terms.

If the recipients of the notification do not agree to the transaction within 30 days, they will lose their pre-emptive right to purchase, and the seller will legally be able to enter into a purchase and sale agreement for a share of the apartment with any other interested party.

Form, content

A prerequisite is that the proposal must be submitted in writing. Certification by a notary is not provided.

The document must contain the following information:

details of the person to whom the offer is intended;
document's name;
information about the sale of shares;
information about the size of the share, apartment address;
details of the title document;
share value;
other important aspects of the transaction;
information about the pre-emptive right of redemption;
please respond within 30 days;
signature and date.

When preparing a document, you need to pay special attention to the price. The citizen will not be able to subsequently change the price for third parties. In any case, reduce it.

The co-owner is obliged to sell the share to a third party on the terms that were set out in the offer to the owners.

Important! As a result, the purchase and sale agreement must contain the amount that was specified in the offer.

If a citizen decides to reduce the price, then the notification must be sent again.

What to do if the co-owner does not agree with the proposed terms of sale?

The co-owner’s refusal to purchase a share on the terms stated by the seller deprives him of the right of first refusal, since it essentially means a refusal of it.

This applies to cases when a potential buyer is not satisfied with the price, the timing of the transaction, the specifics of incurring the costs of drawing up the contract and other important points for the seller. From a legal standpoint, a co-owner cannot dictate his terms, and if the parties fail to reach an agreement, he will have to retreat from his intention to acquire a share.

However, both the seller and the holder of the preemptive right need to know that the alienation of a part of the apartment to an outsider at a price that in fact will be lower than that indicated in the notice of sale of the share is a violation and entails certain consequences (see below).

Consequences of violation of the preemptive right

If the seller does not send an offer to buy part of the apartment to all co-owners, does not meet the deadline established by law, or enters into an agreement on terms more favorable than what was stated to the “neighbors,” the transaction will be considered illegal.

But this will not lead to the cancellation of the sale: anyone from among the property rights holders will be able to apply to the court within three months with a request to transfer the rights and obligations of the buyer to themselves.

In practice it will look something like this:

A co-owner of an apartment learns that its share has been sold to an outsider at a price less than that stated to him in the buyout offer.
He collects evidence of the violation (makes a copy of the notice, asks the judge to request the missing evidence from the state registration authority).
The interested party or his representative files a claim to transfer the rights and obligations of the buyer to him.
If the stated request is satisfied, the purchase and sale transaction is re-registered - the actual buyer is compensated for the amount spent, and the plaintiff (an interested participant in shared ownership) becomes the purchaser under the contract.

As a result of declaring a transaction illegal, in this case, neither party suffers: the actual buyer does not lose money, the seller essentially remains the same (the transaction is not cancelled, the funds received in the specified amount remain with him), and the new acquirer exercises the right of first refusal .

How to correctly write an offer letter to buy out a share in an apartment (sample)

The content and form of the notice of sale of a share of living space are not strictly regulated. The main thing is that the appeal reflects the essence and conditions of the upcoming transaction, and that it itself is sent to all participants in shared ownership, without exception.

Form, content

An offer to purchase a share of an apartment can be drawn up in two forms: simple written or notarial.

Most often, sellers provide notices in simple written form without subsequent notarization. This allows the sender to save money, but deprives additional guarantees regarding the legality of the procedure.

When writing a buyout offer, it is important to mention the following information:

Full name, place of residence of the sender and addressee.
Details of the seller's title document.
Technical characteristics of the share being sold.
Apartment location.
Transaction price.
Terms of sale.
Procedure for drawing up a contract.
Departure date.

The content of the notification is formed at the request of the sender, and may not display the listed information or include additional data. The main thing is to reveal the details of the transaction as clearly and reliably as possible and clearly convey them to the recipient.

Delivery of the notice deserves special attention, because incorrect execution of the procedure may be regarded as a violation of the pre-emptive right, which subsequently threatens to disrupt the transaction with the selected buyer.

Methods

Delivery and delivery of the redemption offer can be accomplished in several ways. Features of their implementation are presented in the table.

Way	Description	pros	Minuses
Personally	The seller independently delivers notices of sale to all co-owners and hands them over against receipt.	It may be the most economical delivery option if the co-owners live nearby; the seller has the opportunity to take personal control of the mailing process, eliminating the dishonesty of third parties; Direct contact between the parties contributes to their mutual understanding	The hassle associated with the delivery and delivery of letters falls entirely on the seller, which is especially inconvenient in the case of a remote place of residence of the co-owners or their evasion of delivery.
By mail or courier	The initiator of the transaction sends notifications by registered mail or arranges a similar service with a courier delivery service in order to be aware of the location of letters and the moment of their receipt by the addressee.	The sender does not need to be puzzled by the process of delivering and handing over letters - responsibility for this is transferred to the employees of the courier service or Russian Post; if necessary, the fact and moment of delivery of the item can be easily confirmed using an extract from official sources (the archives of the post office or delivery service).	Due to the negligence of authorized employees, letters may get lost, fall into the wrong hands, etc.; the delivery process risks being delayed; It may be difficult to confirm delivery.
Through a representative	The seller draws up a power of attorney from a notary, in which he gives the selected person part of his powers and responsibilities, including the preparation and distribution of notices about the sale of a share of the apartment	With sufficient reliability and responsibility of the representative, the seller can free himself from the need to send notifications and monitor their further fate (very convenient when he is very busy, at a remote location or with limited physical capabilities).	An incompetent and irresponsible intermediary, instead of making the task easier, can significantly add problems to the seller; the costs of sending proposals will increase due to payment of state fees and notary services for issuing a power of attorney
With the help of a notary	The service of transmitting letters with an offer to buy out a share is ordered from a notary, who double-checks the data received, establishes the legality of the procedure and, if necessary, issues reliable confirmation of its completion.	Guarantees the most compelling evidence of compliance with the right of pre-emption; relieves the seller of the obligation to personally control the distribution.	It is the most expensive method of transmitting offers to sell a share.

When choosing the option of delivering notices, the seller should remember that the main purpose of the event is to clearly and timely inform the co-owners of the apartment about the intention to sell its share. And any method that allows you to achieve results will be suitable.

Destination

Recipients of the share purchase offer must be all owners of common living space without exception. Letters are sent to each person separately, even if the seller knows for certain that some of them are in close contact or live together.

Example. The owner of a share of the apartment sent 2 notices of sale to the 2 co-owners in one envelope, since the recipients were close relatives of each other - mother and daughter (in the hope that one of them would give the letter to the other). However, their registration addresses did not match. This became a gross violation of order, and the mother, who lived outside the Russian Federation, after selling the share to an outside buyer, declared her rights to purchase it, motivating her protest by the fact that she had not received the message intended for her from her daughter.

In the address line it is necessary to indicate the place of actual residence of the recipient or, in the absence of information about him, the registered address at the place of residence.

To avoid mistakes when choosing a reliable address, it is recommended to send several notifications to each known location of the recipient.

However, the consequences of the addressee's absence from the last known place of residence/stay fall entirely under his responsibility. If this is the reason for not receiving the notification, he will no longer be able to challenge the transaction and restore the pre-emptive right to purchase.

Example. The recipient of the notice changed his place of residence six months before the proposal to buy out his share was sent to him, without informing the co-owners of the shared apartment about this and without noting this circumstance with the state registration authorities. The letter about the sale of part of the apartment was delivered to the previous address and, accordingly, did not reach the recipient.

When, 2 months after the sale of the share to another, the participant in the common property tried to return the rights and obligations of the buyer through the court, he was refused.

Price

The sender's estimated costs are presented in the table

Delivery method	Price
Personally	Depends on the distance of the recipients, how the sender will get to them, how many times he will visit, etc.
By mail, courier	You can find out on the official website of the Russian Post or courier company
Through a representative	To certify a power of attorney, the seller will have to pay a state fee of 200 rubles. and for the provision of notary services (according to the tariff established by the notary chamber of the subject)
Through a notary	100 rub. as a state duty and about 2,000 rubles. for legal and technical services.

Expenses, cost

The method of delivery of letters affects the financial costs on the part of the seller. Choose the option that is closest to you in terms of budget:

Name/service	Price
Personal delivery “from hand to hand”	If you live in the same city, costs are minimal. When delivering to another city, you will have to spend money on a taxi, gasoline and accommodation.
Valuable letter	The costs for sending valuable and registered letters are approximately the same: • 54 rubles – registered mail; • 113 rubles – valuable letter (up to 20 grams by weight – and everything above is paid at other rates + 3 rubles per gram) */ - prices as of April 18, 2021
By proxy	You will need to certify a power of attorney to send/receive notifications: • 200 rubles – for document certification; • notary services (UPTH) – up to 5,000 rubles
Notarial services	Expenses depend on the region of residence and the price list of the notary's office: • state duty - from 80 to 300 rubles ; • other services – up to 5,000 rubles.
Via courier	Express delivery by courier service will cost from 150 rubles and more, depending on the route

So, in order to sell a share in an apartment, you need to inform the current co-owners about the transaction. The responsible person draws up and sends proposals to shareholders. The transfer of letters occurs at the request of the sender: in person, by mail, by courier, by power of attorney or through a notary. Responses to proposals are received within 30 days. If no one agrees to buy out the share in the apartment, the seller will have the right to negotiate with third parties.

Are you worried about drawing up a notice of sale of a share?
It is not surprising that for many people this is stressful, and some do not even know about this procedure. In order not to ruin the deal, to maintain your nerves and dignity, seek advice from a lawyer. You will learn how to write a proposal correctly, what to include in it, the best way to send it, and how to protect yourself in case of claims. Ask questions in the chat or call the hotline! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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What to do if there is no response

Failure to respond to a buyout offer is tantamount to its rejection. The same applies to cases of evasion of delivery, when the recipient deliberately creates “imaginary” obstacles to familiarizing himself with the text of the notification - he hides from the courier, suddenly changes his place of residence, etc.

The described procedure is confirmed by Art. 165.1 of the Civil Code of the Russian Federation, which states that legally significant messages are recognized as delivered even in cases where they were not delivered directly to the addressee for reasons depending on him.

Example. The addressee did not receive the shipment in person and did not appear at the post office later, in response to the notification of a registered letter awaiting him. After the expiration of the storage period, the offer to buy out the share was returned to the seller. This became proof of the indifference of the apartment co-owner in completing the upcoming transaction.

Such a seemingly insignificant episode as drawing up and sending out offers to buy a share of an apartment, if carried out incorrectly, can derail the deal and ruin the seller’s plans. Therefore, this stage must be approached extremely carefully and responsibly, involving competent lawyers in its implementation. Want to make sure you're protected from trouble? This is very easy to do: just write a message through the electronic form on our website or contact specialists at the specified phone numbers for a free consultation.

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Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to hand it over?

The seller’s responsibility is not just to send notifications, but to ensure that they are delivered to the recipients. Otherwise, disputes may arise regarding violation of the preemptive right.

How can I send proposals?:

Registered correspondence – we are talking about a valuable letter with a list of attachments + notification of delivery to the addressee. If you send a registered letter, the “attachment list” does not apply. A regular return receipt can be used for any correspondence.
Personally - an additional burden on the seller, who will have to meet with all shareholders and hand over letters to them. One copy of the proposal is given to the recipient, and on the second he needs to put his name, signature and date.
Notification through a notary is an obvious, but financially expensive option. The notary himself will send the notices. It is enough to pay for his services and formulate the text of the offer to buy out the share. Based on the results of sending, the owner will receive a certificate of delivery and/or non-delivery of the letter to the addressee(s).

In addition, you can delegate sending to representatives. Another method is delivery through a courier service. The most important thing is that you still have documents confirming that the letter was sent/delivered to the required address.

What is the confirmation?

In order to avoid challenging the transaction, you need to have proof of delivery of the letter.

According to legal practice, legal confirmation of sending a notice can be:

notarized certificate of delivery of the notice;
certificate of sending a letter to the co-owner;
a copy of the notice issued at the post office + tracking number;
courier service archive – in case of notification via courier.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

The inventory, as an independent document, cannot serve as proof of dispatch. However, you can use notification of delivery , then no questions will arise.

A legally significant notification is a sent proposal that reached the recipient’s address, but was not received by him as a result of his action/inaction, or he did not familiarize himself with it (Article 165.1 of the Civil Code of the Russian Federation). Usually the letter is returned with the mark “non-existent address”. Probably, the addressee does not live there or is avoiding receiving correspondence.

Send notifications to all known addresses of co-sharers - at least at the actual residence and place of registration (may not coincide with the address where the owner’s share is located). Keep receipts and receipts for sending letters. They may be useful in case of claims from the “recipient”.