Sample offer to buy out a share in an apartment 2021

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Common shared ownership allows you to dispose of part of the housing, taking into account the interests of the remaining shareholders. The owner of the apartment is obliged to offer the co-owners to buy out his share at the stated price. You won’t be able to ignore the proposal—it’s an official, binding document. True, not all sellers know about it. Hence a lot of difficulties, misunderstandings, and errors in the preparation and delivery of notifications.

What to include in an offer to buy out a share in an apartment? How and to whom should it be sent? Do I need proof of sending the letter? You will learn about these and other nuances from our article.

Why is an offer to sell a share necessary?

One of the advantages of ownership of a share in an apartment is the priority right to buy out the shares of other participants. Until all the neighbors make a decision, the seller will not be able to sell his share to third parties (Clause 1 of Article 250 of the Civil Code of the Russian Federation).

It remains to understand what kind of offer this is and what is its relevance for the seller and co-owners?

To the sender (seller)

A notice, notification or offer to buy out a share in an apartment is the same document with different names. Drawed up by a person who wants to sell a share through a purchase and sale agreement.

Why make an offer to the seller?

Firstly , compliance with the mandatory right of pre-emption by the remaining shareholders. If you do not notify them of the sale, the transaction can easily be challenged in court. Submitting an offer shows that the seller has the interests of the other co-owners in mind.
Secondly , the offer contains a single redemption price and terms of the transaction. There is no need to meet with candidates and discuss nuances in person. It is enough to indicate the price in the offer and send samples to potential buyers.
Thirdly , countdown of the 30-day period for responses. If no one wants to buy the share at the stated price, the seller can easily sell it to third parties. Until proposals are sent out, the month period does not begin.

It is important to remember that the share price is final for all co-owners. It is unacceptable to reduce the cost for some and increase it for others. As well as changing the terms of the transaction when selling a share to any other person. If the seller changes the price and terms of repurchase, and notices have already been sent out, he is obliged to draw up new offers. Violation of this principle is considered a violation of the priority right of purchase.

To the recipient (co-owner)

Current co-owners have every chance of acquiring a share on the seller's terms. The latter is obliged to send notices to all co-owners without exception. Even if the persons live together, you will need a separate envelope addressed to each of them.

Why do you need an offer to shared owners:

First, the use of the pre-emptive right. Based on the notification received, the co-owners make a decision whether to purchase the seller’s share or refuse to purchase. If a refusal follows, it is considered that the shareholder has lost the pre-emptive right.
Secondly, to show that the right is used by the shareholder himself. According to the law, assignment of privileges to third parties is not permitted (clause 4 of Article 250 of the Civil Code of the Russian Federation).
Thirdly, control of the price and terms of the transaction. If it turns out that the seller reduced the price or beat the terms that were offered to the shareholder, the latter has the right to challenge the transaction in court.

The recipient of notifications can be not only co-owners, but also the guardianship authority. For example, if minor children are among the recipients. Along with their parents, proposals are also sent to the OPP department in the district.

The nuances of buying out shared ownership of housing

It is clearly not profitable for co-owners to sell their parts of the property separately. The cost of the entire apartment will be 20–40% higher. Wealthy buyers often take advantage of this, reducing the redemption price for each co-owner and winning significant sums.

If the co-owners can come to an agreement, they sell the entire property and divide the resulting amount in proportion to their shares. If at least one of them sells his part of the property separately, then the rest will be able to sell only shares, significantly losing money. Unfortunately, relationships between co-owners who are distant relatives or divorced spouses rarely allow such an agreement to be reached.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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Another feature is that the buyer of one of the shares must carefully follow all stages of the process and draw up legally impeccable documents. Otherwise, there is a high probability of receiving lawsuits from other owners. They can pause the process for several months or even years. In the worst case, the court may recognize the transaction as void and terminate it.

What happens if you do not send an offer to buy out a share?

Despite control by notaries and Rosreestr, violations of the pre-emptive right to purchase still occur. There are cases where the seller did not send out offers, inflated the price, and also ignored the established deadlines. Violations lead to the cancellation of the completed transaction with a third party.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

If the seller has not sent a notice of redemption of the share, the co-owners have the right to file a claim to declare the transaction invalid . At the same time, they can transfer the rights and obligations of the buyer to themselves (clause 3 of Article 250 of the Civil Code of the Russian Federation). Otherwise, reimburse the buyer for current expenses and re-register ownership of the share in the apartment - become the new owner. The period for challenging the transaction is 3 months from the moment the fact of fraud was discovered.

Before filing a claim, you need to make sure that the plaintiff has enough money to buy out the share. If you file a “claim for the sake of a claim,” without confirming solvency, the court will not terminate the previous transaction. Thus, the mere fact of non-compliance with the pre-emptive right is not enough. You need to have funds to compensate the buyer for losses.

Read more about the procedure in the article “Forced redemption of a share through the court.”

Writing Features

Consent to repurchase a share is drawn up in writing. The law does not provide further instructions regarding its form and content.

There are only recommendations that should be followed in order to avoid misunderstandings on the part of the recipient of the notification and the judicial authority (if necessary).

Approximate contents of consent to purchase a share of an apartment:

Sender's name.
Date of writing.
Brief information about the potential buyer (date of birth, place of registration).
An indication of the fact and date of receipt of the notice of sale.
The size and cost of the acquired share.
Apartment address.

Consent must be confirmed by the personal signature of the sender.

The method of writing, as well as the format, does not matter much. The author has the right to write out the consent text by hand or using technical means.

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

A proposal, also known as a notice, is drawn up in free written form. There are no special requirements - the main thing is to indicate the subject of the transaction (the size of the share in the apartment) and the terms of purchase (individually).

Minimum content requirements:

Full name of the recipient of the offer - he is one of the co-owners;
in the center – the name of the document;
notice of sale of a share in an apartment, address of the property, technical and cadastral characteristics;
information about ownership;
redemption price is the same for all recipients;
other terms of the transaction;
an indication of the pre-emptive right to buy out a share is a mandatory item;
request to the recipient to respond within 30 (thirty) days by expressing consent and/or refusal of the housing transaction;
date and signature.

It is advisable not to limit yourself to the standard sample, but to indicate detailed information about the upcoming transaction. Let's look at the most important ones.

Price

The seller has the right to set absolutely any price . Of course, you should not indicate “cosmic” amounts, because... subsequently you will have to look for a buyer on the side for the same price.

For example, if a seller wants to sell a share for 300,000 rubles, he must enter it into the offer in numbers and words. Further, if the co-owners do not intend to buy out the share at this price, the stage of searching for a buyer “on the side” begins. The seller cannot underestimate/inflate the price - the same 300,000 rubles are noted in the sales contract.

Terms and nuances of the deal

It is allowed to reflect in the proposal a number of conditions for the transaction. Typically the sender indicates:

method of transferring money - cash or non-cash payment;
payment deadline - at the time of concluding the purchase and sale agreement or after registering the transaction with the Federal Public Enterprise "Rosreestr";
date of transfer of keys to the buyer;
presence/absence of encumbrances on a share in an apartment - arrest, pledge (see “Loan secured by a share in an apartment“);
information about persons registered and/or living in the apartment - usually mark the date of their discharge or eviction;
other points.

Please note that an offer to buy a share is not a preliminary purchase and sale agreement. It should be understood that its signing will take place only after selecting a candidate from among the co-owners.

Consent Options

The acquisition of property is a personal matter for the buyer. However, in some cases, the consent of third parties is required to complete a transaction.

This need arises in the following situations:

The citizen is officially married. The consent of the official spouse is required.
The buyer of the share is not a co-owner of the apartment. The consent of the co-owners is required.

The absence of a document may lead to the transaction being contested. Therefore, it is advisable to receive it in a timely manner.

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”.

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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