Как не поставить под сомнение сделку купли-продажи жилья?

Автор: admin  //  Рубрики: Азбука недвижимости

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Как не поставить под сомнение сделку купли-продажи жилья?

Иногда случается, что, купив квартиру, переехав и начав обустройство семейного гнездышка, новые хозяева оказываются вовлеченными в судебный процесс с целью расторгнуть сделку и вернуть жилье предыдущим владельцам. Здесь будут рассмотрены причины расторжения договоров о покупке недвижимого имущества и способы избежать столь неприятной перспективы.

Оформление платежных документов

Важное условие действительности договора о продаже и приобретении квартиры и главное обязательство покупателя - это оплата. Серьезный промах, допускаемый сторонами, заключается в ненадлежащем оформлении расчетных бумаг об оплате. Ошибки в них или отсутствие необходимых документов может привести к печальным результатам.

В случае покупки недвижимости у юридического лица рекомендуется отдать предпочтение безналичным расчетам. Когда покупатель является физическим лицом, для подтверждения к акту должна прилагаться расписка. В ней отражается вся информация о получателе оплаты, плательщике, переданной сумме и о цели платежа.

Например, в конце 2014 г. Мосгорсуд вынес решение не в пользу новых владельцев квартиры из-за отсутствия достаточных подтверждений об оплате. Многодетная семья лишилась жилья, купленного у организации, так как оплата на расчетный счет компании не поступила. Передача денег руководителю не была признана правомерной.

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Надлежащее оформление договора в госструктурах

Многие считают, что для законности сделки нужен лишь нотариально оформленный договор купли-продажи. Это заблуждение. Осуществить сделку можно просто в письменной форме. Однако необходимо заверить ее государственных органах регистрации, то есть в Росреестре. Его отделения есть в любом городе.

Подавать договор в это учреждение могут либо сами стороны, либо их представители, имеющие доверенность. Также требуется предъявить выписку из домовой книги и нотариально заверенные согласие мужа или жены предыдущего хозяина, либо заявление о его или ее отсутствии. Сделка вступает в силу через 10 дней после подачи бумаг на регистрацию перехода прав собственности от старого к новому владельцу.

Например, не так давно суд отказался признать покупку жилья из-за того, что покупатель не предоставил бумаги, оформленные по всем правилам и заверенные нотариально, в Росреестр. В итоге гражданин лишился квартиры.

Расторжение сделки и основания для этого

Треть из числа потенциальных продавцов считает, что имеет право на расторжение сделки купли-продажи, если не истекло полгода после оформления. Это является часто встречающимся заблуждением.

Отменить или расторгнуть сделку можно лишь при исключительный обстоятельствах, возникающих довольно редко. Для таких случаев должны быть жестко оговоренные законом причины.

Одна из них упоминалась ранее - это невнесение оплаты по договору. Также возможно признание сделки недействительной, если возникли непредвиденные обстоятельства.

С уважением, Андрей Ляпустин

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