The most popular types of transactions with both residential and commercial real estate are sale and rental operations. The exchange procedure is much less common, although it appears in the description of the list of services of most Moscow real estate agencies. In practice, most modern realtors do not like to contact transactions related to direct direct exchange, which are the only possible option if a potential client lives in an apartment under a social employment agreement.
As a rule, the client is persuaded at the beginning to privatize the apartment and issue all the necessary documents for property, and then deal with the issues of sale and search for new housing. This does not mean that in Moscow and the Moscow region there are no transactions at all related to the exchange of one apartment for another. Just in most cases, the exchange transaction is replaced by a purchase and sale transaction. What is the fundamental difference between these two types of transactions, and why do real estate agents do not like the immediate procedure for exchanging apartments, as well as all possible options for exchange of the apartment, we will try to illuminate today.
In the modern real estate market, three basic options for the exchange of an apartment can be distinguished.
The first classic version of the exchange of one apartment for another, when the seller and the buyer simply change apartments, drawing up a contract of me and the transfer of property rights from one apartment to another. This option is quite rare, because the situation when both the seller and the buyer are absolutely satisfied with both apartments participating in the transaction are not so common.
The second option is most popular today. This is an option for the exchange or exchange of an apartment through registration of a contract of sale. That is, if you want to exchange your apartment for an apartment of larger area and increased comfort, then you need to almost simultaneously find the buyer for your apartment and decide on the option of buying future housing and the amount of surcharge regarding the cost of selling an existing apartment. In the case of the exchange of two or three -room apartment for several apartments or for an apartment of a smaller area with an additional payment by the buyer, the scheme will be similar.
And there and there the contract of sale is drawn up, and options for apartments are selected independent from each other. This type of exchange allows you to take into account the interests and requirements of each side as much as possible, and the choice increases significantly in comparison with the need to exchange for an equivalent apartment. Sometimes such an exchange leads to very difficult chains, and the process can significantly drag on in time. What largely explains the reason why most buyers do not seek to contact the exchange procedure, but prefers a net sale (that is, a sale that does not involve the further purchase of an apartment by a seller).
The issue of determining the amount of surcharge is fundamental. This parameter is influenced by the total and living area of the apartments, the presence of recently made repairs, a number of storeys, remoteness from the metro and public transport stops, the area, the number of rooms, the type of house and some other characteristics of the apartments participating in the process of exchanging. It is almost impossible to calculate such a cost independently, so it is better to rely on a qualified assessment conducted by an experienced realtor or an independent assessment company in this matter.
The third option is used quite rarely and consists in replacing the exchange agreement with a gift agreement. The main difficulty and danger of such an option is that from a legal point of view, the gift is understood to be the gratuitous transfer of property for permanent use to another person, and, therefore, the fact of transferring money for such a gift will not be fixed and prove that you are actually an apartment Bought almost impossible. Such a mutual gift transaction is easy to challenge in court, so realtors strongly do not recommend using this method of exchange.
In addition to the data of variations in the form of a contract that accompanies the procedure for the actual exchange of residential premises, we will also consider three situations when there is a need for the exchange procedure itself.
The most typical situations when an apartment exchange is required, this desire to move from a small apartment to the apartment of a larger area and the need to change the apartment, when several families who want to separate from each other live in it (for example, parents and their adult children with their spouses and children).
Very often, the exchange agreement is used when the municipal apartments are resettled, when one owner is entirely purchased by such an apartment, and tenants move from their rooms to separate apartments, usually with an additional payment in accordance with the increased area of housing. But it is almost impossible to arrange such a deal through a classic exchange, since even in Moscow it is hardly possible to find the owner of several one -room apartments at once, ready to exchange them for one communal.
It is not rare to find the option when communal apartments are redeemed by large Moscow real estate agencies, and residents are provided with monetary compensation equivalent to the market value of their housing. At the same time, for residents of such an apartment, it is very important that the assessment of the cost of the apartment is adequately its real value, because otherwise not all owners will be able to choose the right housing for the proceeds, and will be forced to move in the suburbs or draw up a mortgage loan. The main feature of such a deal is that, firstly, all owners should give their written consent to the exchange of a communal apartment, and, secondly, to conduct a final purchase and sale transaction, it is necessary to provide a full package of documents from each owner. Such transactions are easier and more profitable to conduct with the participation of professional realtors and lawyers in order to avoid the use of fraudulent schemes and violation of the rights of someone from the owners.
Another specific type of exchange is the exchange of your Moscow apartment for Moscow or a country house. With this exchange, there is a whole complex of its characteristics and pitfalls. The main list of reasons why some Muscovites choose residential real estate in the suburbs include the following:
A cheaper cost of a square meter of housing, due to which you can improve your living conditions by buying an apartment of a larger area for the same money;
The best environmental situation and the possibility of combining the apartment and cottage;
On average, the cost of utilities and food in cities near Moscow is lower than Moscow;
It is possible to receive surcharges when making such an exchange.
In addition, every year more and more people appear who understand that they want to live outside the city in their own private house, and not to huddle in a small apartment of a multi -storey building located in a stuffy metropolis. When performing such an exchange, it is necessary to initially decide which country house you are looking for, and what requirements you are presenting to it. If you are interested in a comfortable cottage in a small closed summer cottage with your own infrastructure and summarized by the main engineering systems, it must be borne in mind that the areas of such houses will be at least 200 square meters, which is much more than the average Moscow apartment, and therefore, you need to be prepared for that that the surcharge in this version can sometimes be equal to the cost of another Moscow apartment.
If you are satisfied with the option of a typical summer cottage construction of 1970-1980 at a distance from Moscow within 80-100 km, then you can count on a more modest surcharge. When moving to such a house, it is worth paying attention, first of all, to connect the house to the main engineering systems (gas, water supply, electricity, sewage), which will provide your comfortable accommodation throughout the year. In addition, the presence of a garage on a site, a convenient entrance to the house and developed infrastructure, in walking distance, are the minimum requirements when moving to a permanent residence of the city. If the house you have watched does not meet at least one of these requirements, this is an occasion to seriously think about how realistic it will live there.
The unconditional advantages of moving outside the city include the opportunity to live in the fresh air throughout the year, which means to provide the best conditions for your body. In addition, you can become not only the full master of the whole house, which no longer needs to be divided with noisy neighbors, but also a land plot, the arrangement of which can be engaged in free time without any restrictions, except for your own imagination and money. When choosing a suburban cottage, a prerequisite is the territorial belonging of a cottage or summer cottage village to any settlement or area, since you will need to apply for permanent registration at this address. So that it is possible to do this from a legal point of view, the house must have the status of a residential building, and not a residential building, since you can register only in residential buildings.
Under the conditions for the preparation of an exchange agreement of one property for another exchange of a city apartment for a country house, it is not prohibited provided that their equivalent value determined by an independent appraisal company or BTI, or subject to the difference in the form of a surcharge of one of the parties to the transaction. In the same way as when applying for a purchase and sale transaction, a mandatory verification and preparation of a standard package of documents for the house and land on the one hand and the apartment on the other take place, and the legal purity of the transaction is checked. The exchange agreement clearly records the main parameters of real estate objects, the procedure for making surcharges, the terms of transfer of property rights, as well as the valuation of the value of these objects. Sometimes there are cases of the exchange of one country house for two Moscow apartments belonging to different owners. Then such a process is somewhat drawn. But in general, it is worth noting that when attracting an experienced realtor working in a Moscow real estate agency that has established itself, such a transaction can be made quickly, simply and efficiently.
Particular attention should be paid to whether the apartment that you plan to exchange is a privatized or you live there on the basis of a social employment agreement. Depending on this, the procedure for further actions will be determined. Very often, the concepts of an exchange agreement and contract are identified, but this is not entirely true from a legal point of view, although the essence of these agreements as a whole is an identical. In the event that the apartment is not privatized, a simple exchange of one dwelling for another is drawn up. To carry out such an exchange, the written consent of all adult residents living with you in the apartment, as well as permission to conduct such an exchange by Moszhilinrapy, is necessary. If the apartment is your property, you do not need to receive any permission to conduct a real estate exchange transaction. The exchange agreement will be equated to two contracts of sale, which indicates the same price, which participants in the transaction agree in advance.
Information will also be useful that not any apartment in Moscow can be exchanged. Since 2010, a ban on the exchange of a privatized apartment for a municipal one was introduced, and, vice versa. In addition, you can not exchange an apartment under arrest, in the pledge of the bank or for which a mortgage loan located in the house under demolition is still paid in an emergency state or in the house, which is planned to be transferred to a non -residential fund.
The exchange procedure is quite a complicated process that requires the knowledge of many legal nuances and the specifics of this type of transaction with residential real estate objects, therefore, if you decide to deal with the issue of the exchange of your apartment, it is better to contact a professional realtor of one of the many Moscow real estate agencies.