How to sell a dorm room quickly and without problems?

People resort to buying housing in a hostel only in extreme cases. Some urgently need their own living space, but do not have the money to buy an apartment, others do this because they are moving to another city for work, and others have just started a family and want to get out from under their parents’ wing as soon as possible. There may be other reasons, but regardless of them, it is important to know how to properly purchase a dorm room. Let's look at this issue in more detail and find out what pitfalls should be taken into account.

Basic subtleties

Buying a room in a dorm (the pitfalls can be very different) is a very serious decision that can cause a lot of problems for legally unsavvy people. To be on the safe side, it is recommended that before concluding a contract, ask the seller to provide a certificate in form 7 and 9. The latter document provides information about all the people registered in the property. If at least one of the residents does not agree with the sale, then it will become impossible to officially conclude the transaction in accordance with all legal norms, and therefore, it will be considered invalid.

When looking for housing, you should consider options in relatively new buildings. In old Khrushchev buildings, as a rule, living conditions are poor, so you will have to spend additional money on improvement. Therefore, before purchasing hostel housing, carefully carry out a technical inspection of the property and make sure that all the necessary documentation is available.

○ Advice from a lawyer:

✔ We bought a room in a communal apartment, but one of the residents filed a lawsuit because he was not offered to buy this room during the sale, what to do?

If the plaintiff is telling the truth, and the pre-emptive right was indeed not respected, he has the right to challenge the purchase and sale transaction. In this case, you can file a counterclaim for bad faith against the seller and demand a refund.

✔ After buying a room, the neighbors began to demand that we move out, since they used this room before, and it is now considered “theirs”, what should we do in such a situation?

If the apartment was purchased legally in compliance with the right of pre-emption, feel free to call the police. But first, collect evidence of violation of your personal space (photos and videos, testimony of witnesses are suitable) and contact the police. After an administrative fine is imposed, they are likely to reconsider their behavior.

In this video, a real estate agency specialist will tell you how to choose the right small-sized housing and correctly complete the transaction.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

What pitfalls can you encounter when buying a room ?

If the funds only allow you to buy a room in a communal apartment or in a dormitory, then you should know that the process of buying a room is not simple, it requires time and the collection of a decent package of documents (often even more than when buying an apartment), and there are pitfalls when buying a room can be encountered at every step.

There are especially many pitfalls when buying a dorm room. A dormitory usually has a corridor or block system. You will rarely find a room in a dorm where there are less than 5 neighbors according to the documents, usually from 8 to 20 (sometimes more).

In such a situation, realtors most often offer to carry out the transaction through a gift agreement, then the neighbors will not need to waive their right of first refusal to purchase the room. This is where the main pitfalls when buying a room lie: the gift agreement involves the gratuitous transfer of real estate, and you need to record the fact of the transfer of money. If this fact comes to light in the future, the contract will be considered void (invalid). It turns out to be a double-edged sword.

In such a situation, some lawyers suggest concluding an overdue loan agreement, when first a loan agreement is drawn up for the required amount, and then an agreement is drawn up that instead of money, ownership of the room is transferred. This option should definitely be discussed with an experienced real estate lawyer; it may not be suitable for you.

One more point: if the owner of the room has caused you even the slightest doubt on any aspects (for example, it seemed to you that he is a drinker), be sure to request that the transaction be accompanied by a certificate from a mental health clinic about his legal capacity (the certificate is valid for 1 day). Don’t be shy, set this condition firmly! There was a case when the owner subsequently provided the result of an examination, allegedly he was being treated for alcoholism at that time and could not realize his actions, although he was absolutely sober during the transaction and people confirmed this, and the court ruled in his favor and the room was returned to him.

Therefore, my advice, in order to avoid the pitfalls when buying a room, is to demand that the transaction be carried out only through a purchase and sale agreement, where the real value of the property should be indicated (in no case underestimated!).

It is better to wait a month from the moment of sending letters to neighbors notifying about the sale of the room (more precisely, from the moment the neighbors receive these letters) than to then go to court and prove your rights. If there are few neighbors, then you can send telegrams - this is a little more expensive than letters, but much more convenient. At the post office they will immediately give you a certified copy of the telegram, wear them for only three days, and from that moment you can already count down the month period (the period during which the neighbors are required by law to give an answer).

If you are not satisfied with the monthly period, then you can pay for the waiver of priority purchase of the room by your neighbors, certified by a notary. This is the most reliable option. But it is possible to come to an agreement with your neighbors and bring them to the transaction registration authority so that they give a refusal on the spot - this option is the cheapest, also reliable, but the most troublesome (it depends on what kind of neighbors you are). You can read about the waiver of preferential purchase of a room here.

Room or apartment: which is better?

Let's look at this in more detail. It is not worth saving on the purchase of housing, since this can subsequently result in very large costs. The cost of real estate is largely determined by its technical condition and convenience for living. At the same time, the price of cheap rooms and apartments does not differ too much from the market average.

You should never trust sellers because they will not provide information that corresponds to reality, especially if they urgently need money. As practice shows, buying an apartment in a hostel often ends in resettlement in worse options. Therefore, you need to carefully weigh everything, study the current state of affairs on the secondary market and carefully carry out calculations for your future acquisition.

As for the choice - a room or an apartment - the first option is less preferable, since it significantly limits the possibilities. Firstly, the area will be very small, and secondly, you will have to put up with your neighbors, not all of whom are peace-loving people. And financial feasibility is not one of the best. The cost per square meter of a room is higher than in an apartment.

Legal aspects

So what do you need to know about this? If you decide that buying a dorm room is the ideal option for you, then you need to study all the ins and outs of this process. It is worth noting right away that it is better to conclude a deal directly with the seller, bypassing intermediaries, since this way you will be able to save a lot on commissions. However, even in this case, you will not be able to avoid all problems, the solution of which requires the help of qualified specialists with experience in the issues that interest you.

○ Registration procedure.

The transaction is concluded according to the standard purchase and sale scheme with the execution of a written agreement with mandatory state registration. Let us consider in detail all the nuances of the agreement.

✔ What documents are needed.

To complete the transaction, the seller must provide:

Passport.
Title documents for the room.
Grounds for obtaining ownership rights (sale and purchase agreement, will, gift or exchange agreement).
Cadastral and technical passports.
Certificate about: - family composition; - no debts for utilities.
Notarized consent of the remaining owners (if we are talking about a room in the apartment).
Notarized consent of the spouse.

When completing the transaction, the buyer only needs a passport and the consent of the spouse to purchase.

✔ How to draw up an agreement?

The text of the agreement must contain the following points:

Details of the parties.
Detailed description of the subject of the transaction (in accordance with the technical passport).
Transaction amount.
Method of transferring money.
Rights and obligations of the parties.
Force majeure circumstances.
Additional conditions (by agreement of the parties).
Date, signatures.

The agreement is drawn up in simple written form and does not require the participation of a notary. But it must be registered with Rosreestr to verify the “purity” of the transaction.

✔ Advance before payment.

Making an advance payment provides certain guarantees to each party. Thus, the buyer can be sure that the room they like will not be sold to someone else, and the seller can be sure that the buyer will not change his mind about concluding the deal.

The transfer of the advance payment is formalized by a separate advance payment agreement, which the parties independently conclude between themselves. It is worth considering that the transfer of funds must be recorded. To do this, the seller must write a receipt that he received an advance payment.

✔ What risks might there be?

The risks when buying a room are the same as when purchasing a full-fledged apartment. This:

Legal purity of real estate.
No encumbrances on housing.
The presence of registered persons who do not live in the apartment, who can show up at any time.

Another danger when buying a room is the risk of not getting along with your new neighbors.

✔ Donation agreement or purchase and sale agreement.

If the seller offers to draw up a gift agreement and simply transfer the money to him, do not rush to agree. If for some reason a situation arises where the transaction has to be contested, you will not be able to get your money back, because the gift agreement is gratuitous. And you won’t be able to prove that the money was paid unless there is at least a receipt.

✔ Lack of consent of other persons registered in the apartment.

Under no circumstances can you sign a purchase and sale agreement if the presented package of documents does not contain written consent to the sale from other registered residents or neighbors in the communal area

apartment. In this case, they can easily challenge the deal in court. They have a similar opportunity for 3 months from the date of the transaction.

✔ Fraudulent actions.

When buying a room, you always run the risk of encountering scammers. To avoid such consequences, it is important to carefully check all documentation and personally request some documents.

✔ Fraud with advance payment.

A common scam is when a seller takes an advance from several potential buyers and then disappears. To avoid this, it is necessary to enter into an advance payment agreement, which will become the basis for going to court.

✔ Unchecked room occupants.

This is another important point that needs to be taken into account when completing a transaction. If at the time of signing the contract there is an undischarged person in the room who is serving time in prison or is declared missing, he can easily challenge the deal after returning. Therefore, buying a room in such a situation is extremely risky. Knowing this, many sellers hide this fact when concluding a contract. To avoid this, personally order an extract from the USRN, which will indicate all the persons registered in the room.

What role do neighbors play?

This aspect deserves special attention. Buying a room in a dorm (professional advice will be given at the end of the article) is a complex process from the legal side, since various problems may arise when trying to get a refusal from neighbors. In addition to the relevant statements, you will need to take documents from the guardianship authorities if persons under the age of majority are registered in the home.

This is where the Child Protection Act comes into force. Parents cannot simply buy square meters. In the future, such a deal could lead to very big problems. Firstly, the buyer will have to spend extra money, and secondly, the transaction may be completely canceled. To avoid this, it is necessary to notify all residents in advance of the intention to sell the property and the estimated cost. According to current legislation, shareholders will have 30 calendar days to make a decision. If they do not agree or are unable to buy out the share, then the legal owner will be able to carry out any housing transactions without any problems.

Documentation options

Sometimes you can find advertisements for the sale of two properties that are located in the same building next door. Their total area is comparable to a full-fledged apartment, so buying a dorm room is very profitable. When concluding a transaction, the documents must be studied very carefully, since if they are privatized, alternate acquisition and division of shares will be impossible.

So, what is needed to complete a transaction:

documents for the room confirming ownership;
if the residential premises have been privatized, then a technical passport and a certificate of privatization are also required;
passport and code of the owner, as well as everyone registered in the room;
certificate of the owner’s family composition;
if there are children who are under 18 years of age, then it is still necessary to obtain permission from the guardianship and trusteeship authority for alienation;
report on the assessment examination.

It is important to find out how the property was privatized: through an amicable transaction or through the court. In the latter case, the claim is valid for 3 years, after which the owner of the property may lose his property rights. As a result, the contract will be considered invalid and the buyer may lose his money.

Find out which organization the building in which you want to purchase living space belongs to. Based on this, you can form an idea of the contingent living in the house. Also collect information about whether utility payments are made regularly. If not, then there is a high probability of turning off hot water or electricity. Therefore, buying a dorm room with a mortgage or cash will not be the most successful decision. In addition, if you decide to take out a home loan, then you need to find a suitable bank.

As a rule, financial institutions put forward the following requirements:

the borrower must be at least 20 years old;
loans are not issued to persons over 75 years of age;
official employment;
there must be a guarantor;
If you have a negative credit history, you may not be able to get a loan.

Features of the design of a room in the property

Let's take a closer look at the issue of buying a room, what difficulties and pitfalls may arise.

Deals to buy a room in an apartment are most popular in large cities due to the lower price, and young families without children and students can afford such a purchase. If necessary, the room can be rented out for additional profit. In the future, you can sell the room and add more money to buy a more spacious home. When purchasing a room, all documents must be carefully checked, so there should be no problems with selling the room in the future.

From a legal point of view, a room in an apartment can be either a share in the whole apartment or registered as a separate room. There will be a difference in the execution of the purchase and sale transaction.

Notice of sale

If you are going to buy a room in an apartment, then you will need to check whether the seller, that is, the owner of the room, has notified other apartment owners about the sale of the room. If the seller has not sent written notice to other owners of living space in the apartment, then in the future one of the neighbors may claim a pre-emptive right to purchase a room or share. The seller must send notices to neighbors or other owners of the living space and obtain refusal or consent to purchase the room.

Important! If you do not follow the procedure for notifying neighbors, then in the future the purchase and sale transaction may be declared invalid.

Therefore, the buyer must see for himself the written refusals from other apartment owners, and only after that can he begin to formalize the purchase and sale transaction.

Quite rare, but there may be situations where the apartment has both privatized rooms and rooms that the municipality has transferred for living under a social rental agreement. That is, the owner of one of the rooms may be the municipality. All homeowners, including municipal authorities, must receive the notification.

The buyer of the room cannot buy the property at a price lower than the one specified by the seller in the notices to neighbors. It is advisable to issue all notifications through a notary.

If one of the neighbors agreed to buy a room put up for sale, then it is better for an ordinary buyer to immediately abandon this purchase and find another option.

It is also important to remember that when purchasing a room, the new owner, along with the room, also has the right to part of the total area, which includes the kitchen, toilet, bathroom, and corridor. Accurate information about the size of the total area of the apartment can be obtained from the documents of the apartment seller. There are situations when shares in an apartment are not allocated; in such a situation, it is necessary to distribute the rooms between the owners of the common areas before the sale. Information about the numbers must be defined and stated in the agreement, which then must be certified by a notary.

Important! You cannot place an incapacitated person or a person with serious illnesses in a room where other neighbors live, as this will worsen living conditions.

It must be said that given the small amount of investment in the purchase of a room, you should not expect to receive a large profit when using it. However, investing in real estate, if used correctly, will in any case bring profit.

Analysis of the real estate market when buying a room

When buying a room in an apartment, you can spend money on hiring an experienced lawyer who will check all the nuances of the property so that problems and difficulties do not arise. The specialist must take full responsibility for the legal support of the transaction. On the buyer's side, it is necessary to decide what kind of room he wants to buy, small or large at a higher price. It is better not to buy an expensive room if you plan to rent out real estate in the future, in the middle price range, so that you can sell it later without any difficulties.

Buying a room on credit

There are people with an entrepreneurial spirit who don’t just want to save up for an apartment or a room. Now you can get a loan to buy a room in an apartment, then rent it out to third people and pay for the loan with money received from renting out the room. Until the loan is repaid, the property is encumbered by the bank as collateral. After repaying the debt to the bank, the room can either be sold or exchanged for an apartment with an additional payment. This scheme can be applied to several rooms.

There is no point in buying an expensive room for resale or rental; due to its high price, there will be less demand for it. You need to buy such a more expensive room for yourself, for example, in the city center, near work.

To summarize, we can say that buying a room for investing money is profitable for the purpose of investing money as a start for increasing it.

Verification of documents

One of the most important points when buying a room is checking the documents that the owner of the room presents to the buyer.

Required documents include:

certificate of registration of ownership of the room;
an agreement that the property is transferred into ownership of the buyer;
an agreement signed by a notary stating that the owners have agreed on the distribution of shares of common property;
a certificate from the BTI, where the shares of the apartment will be registered, also in value terms;
documents with refusals of other owners from their pre-emptive right to purchase;
certificates that will confirm the absence of arrears in payment for electricity, telephone communications, and utilities;

a certificate stating that minor children do or do not live in the apartment and room, and what rights they have to the property. You can obtain a certificate from the guardianship and trusteeship authorities;
if the owner is married, then a certificate of consent of the second spouse to conduct a purchase and sale transaction is needed.

Possible loopholes

If there are harmful neighbors living in a communal apartment who do not want to sell the room, this does not mean that you will not be able to buy a home. The issue can be resolved by donating real estate. However, such a loophole also has a downside. There is no guarantee that other residents will accept you normally and not start plotting various intrigues.

There are also certain pitfalls in purchasing a room in a former dormitory through donation. Here, ill-wishers can take advantage of Article 170 of the Civil Code, which deals with one transaction acting as a sham and covering up another.

Therefore, the best option is a peaceful settlement of the issue when all parties come to an agreement. This is the only way to avoid various problems in the future.

What problems do people face when choosing communal housing?

Ignorance of legal issues can play a cruel joke when purchasing real estate. This is especially true in cases where a room or apartment was previously privatized, but then, due to changes in legislation, the procedure must be repeated. In this case, it will not be possible to resettle the residents, and therefore, the purchase/sale agreement cannot be concluded. In this situation, the stagnant process may drag on for many months, or even years, and the terms of redemption will be less favorable. Therefore, the best option is to come to an agreement with your neighbors.

List of required documents

Before buying a room, you need to familiarize yourself with the documents that the seller must present to complete the transaction. To conclude a purchase and sale agreement you need:

a document proving the identity of the seller (for persons over 14 years old this is a passport, for those younger – a birth certificate);
title documents (certificate of state registration of property rights);
the document on the basis of which the right of ownership arose (donation agreement, purchase and sale agreement, certificate of inheritance, etc.);
cadastral passport;
extract from the house register;
notarized waiver of the right to purchase by the remaining owners of the apartment;
notarized consent of the spouse to the transaction (required if the room was purchased during marriage);
consent of the guardianship and trusteeship authorities (if the owner is a minor).

In order to avoid unpleasant surprises, you can familiarize yourself with certificates of absence of debts on taxes and fees and utility bills.

If the seller is very old or his behavior is in doubt, you can ask to present a certificate from a psychoneurological and drug treatment clinic .

Of course, no one is obliged to present these certificates, but a categorical refusal to present them

should alert .

To register the purchase and sale agreement, documents are also required from the buyer. This is a valid passport (for those under 14 years old - a birth certificate) and notarized consent from your spouse (if you are married).

Recommendations from experts

If you are interested in buying a dorm room, legal advice will help you do everything right and avoid many pitfalls. Therefore, before proceeding with the transaction, you need to consult a specialist on all issues. Professionals recommend that uninformed people entrust the entire process to experienced lawyers or thoroughly study the current legislation so that after signing the contract there is nothing to complain about. This will allow you to protect yourself and not throw money away.

Preparation

How to sell a dorm room quickly if it is registered as a property? For this transaction, a mandatory list of documents is required:

1. Certificate for the room, without which the sale will not be possible.

2. Extract from the house register about registered persons.

3. Grounds for obtaining ownership rights.

4. A copy of the personal account, if funds will be transferred by non-cash method.

5. Certificate of absence of debt for utilities.

6. Permission from the board of trustees for sale if a minor or incompetent citizen is registered in the room.

All specified papers must be obtained in advance, since each one takes 5-30 days to complete. After collecting documents, you need to look for a buyer. It should be taken into account that some papers have a limited validity period, for example, an extract from the house register is valid for a month from the date of issue.