With the sharply increased demand for suburban real estate, a family wishing to buy a house in the village faces the question of how to make a purchase of a house with a plot of land.
You should start the purchase process correctly with the selection of options. Determine in what private house you want to live - in the city or in the village.
If you plan to use the land for a personal part-time farm or vegetable garden, then, of course, a house in the village is preferable.
Study the following points: is there any gas in the village, what kind of condition of access roads, transport communication, whether it is possible to buy a house for maternity capital, whether it is realistic to issue a mortgage with your declared income, or you will purchase for your own savings, what deposit for registration, how to arrangedeposit.
If the purchase of a house with a land plot for cash is the easiest way to complete, then it is much more difficult to design a house that is purchased for maternity capital or to issue a mortgage.
Content:
- How to apply for a preliminary contract?
- How to buy for maternity capital?
- How to apply for a mortgage?
- Sale and purchase transaction
How to issue a preliminary contract?
Both the buyer and the seller want to be sure that the transaction will take place, so most often the seller will require a deposit.
Pledge( the same deposit) is usually from 1 to 5% of the value of the house, the city may be slightly higher, and in the village a little lower. There are no legislative requirements for the amount in which the pledge is to be paid.
At its transfer it is necessary to issue documents confirming receipt of funds by the seller.
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A receipt drawn up in accordance with the form of the Civil Code has legal force, but on it return the deposit, in case the transaction was canceled not through your fault, but the seller does not want to compensate the pledge, it will be possible only through the court.
Of course, you can draw up a deposit agreement, but it has no legal meaning. On it, after the pledge is made, a part of the house should go to you, at a price proportional to this pledge.
Such a situation, of course, neither of the parties would suit. The correct option is the conclusion of a preliminary contract of sale to the house.
On it, the parties have the following obligations:
- from the seller - to take a pledge, prepare documents and make a deal with the transfer of ownership;
- from the buyer - to make a deposit and be able to pay the transaction on the entry into the ownership.
It is important to understand that this agreement formalizes the intentions of the parties.
It should provide clear answers to questions, and what the parties should do if the seller refused, the buyer refused, the transaction can not take place because of external, documented reasons.
The seller, of course, has the right to change his mind and refuse the transaction.
In this case, the buyer would like to have guarantees of the return of the security in a double amount.
If the buyer refuses, the pledge will remain with the seller. These are the usual conditions of the preliminary contract, but sometimes the parties prescribe such conditions under which the deposit is returned in full, but in a one-time amount.
How to buy for maternity capital?
In 2015-2016 the amount put as maternity capital at the birth of the second child is just over 450 thousand.
Of course, no cash will be given to the deposit and the purchase of the house, so the sequence of actions is as follows:
- it is necessary to issue a certificate for maternity capital in the Pension Fund;
- apply to a bank that works with certificates, and open an account there;
- when you have issued a purchase agreement with the seller, you submit it for registration in the State Register. It is important for the parties to understand that the transaction has already taken place, but the ownership will pass to the buyer at the time of receipt of money on the seller's settlement account;
- , the buyer submits to the Pension Fund an application for the use of the parent capital, in which it is necessary to indicate the bank details of the seller;
- within 60 days the Pension Fund transfers funds to this account.
It should be noted that not all sellers agree to a deal in which the payment is maternity capital - do not want or can not wait.
In addition, maternity capital often does not cover all expenses for the purchase of real estate.
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It is most convenient to use it, making the first payment in the housing under construction.
Part of the developers can make payment on the combined system, taking the maternity capital, cash and mortgages.
How to apply for a mortgage?
If you have a high "white" income, then you can apply for a mortgage.
Unambiguous step-by-step instructions can not be provided - each bank has its own conditions and requirements, so what documents need to be provided, the bank specialist will tell you.
The scheme looks like this: the bank credits your transaction, the seller immediately receives the entire amount, and the buyer enters the amount of the contract( repays the mortgage) monthly for the bank within a set time.
The right of ownership to the housing acquired in the mortgage goes to the buyer, however, while he pays the mortgage, the house is the subject of a mortgage.
If, for some reason, the buyer can not pay the mortgage, then the bank has the right to leave the house at home.
It is important to understand that if the inability to pay a mortgage is temporary, then it is necessary to apply to the bank with a statement in which to state the circumstances.
It is possible that the mortgage will be extended, but, of course, while the cost of its redemption will increase.
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It is convenient to purchase a new house from the developer in the mortgage, for example, in the cottage - at the construction stage the price is low, and in the future, paying the mortgage, you are living there, spared the rent.
If you are not sure whether you can regularly pay a substantial amount for housing, then it is better to postpone the purchase of a house.
Sale transaction
Actually, the acquisition of a house with a plot of land is no different from buying other real estate. The seller must have documents certifying the ownership.
It is important to understand whether the land is the property of the seller or it is entitled to long-term use.
In the first case, the transaction price will, of course, be much higher, but you are spared the trouble associated with the registration of ownership of the land.
If the seller purchased the house in 1998 or later, then he must have a certificate of state registration of ownership.
See this document before you make a deposit or a deposit. It lists all the owners of the property and all need a notarized consent to the transaction.
If one of the owners has already died, then for the proper execution of the sale of the house, the seller must re-make the certificate or present documents on the inheritance.
So, if a house and a land plot belonged in equal parts to two adults and a child, one of the equal adults died, then the remaining members of the family inherit its part in half( unless otherwise provided by the will) and have already ½ part of the house.
If the right of ownership is formalized by a court decision, then in the future you may have problems if it turns out that there is a party willing to appeal, or the appeal at the time of the transaction is actually considered by the court.
When you are sure that all the documents are in order, you can make a purchase. A transaction for the purchase of a house takes place at a notary.
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Usually, in the preliminary contract, the parties indicate who carries the notary costs.
What documents are provided at the time of the transaction by the seller and the buyer, you will be informed by a notary.
Real estate transactions are usually made by appointment.
Studying all the subtleties of decorating a house in a village, a cottage community or in a city will give you the opportunity to feel confident during the transaction.
