Sample of notice on the sale of a share in an apartment. Notarization of the sale of shares

Having a share in the common share ownership, do not expect that it will be possible to sell it quickly. In this case, the order presupposes the notification of other owners-co-investors about the forthcoming sale. It is clear that the owner has the right to dispose of his part at his discretion, sell it or give it, but on the condition that the pre-emptive right to acquire a stake from other owners will not be violated. This rule does not apply only to public tenders.

Peculiarities of exercising the pre-emption right

The Civil Code obliges the owner to draw up a notice on the sale of a share of a house or apartment and send it to other owners of immovable property if alienation to a third party is supposed. In the event that all equity holders express their unwillingness to acquire a part of the common property, it can be sold to a third party. However, in order to realize this right, all formalities for compiling and sending a sample of a notice on the sale of a share in an apartment will have to be met.

Mailing

Usually, in order to have all the supporting documents about the sending of the notice, it is sent to the sodors through the post office. In this case it is recommended to send a letter with a notification and a nested list of the documents being sent.

The deadline for determining the date of delivery to the caterers will be the date specified in the notice of delivery.

Although this method has a certain risk, the recipient may refuse to receive the letter, or not live at a known address, be in a sanatorium or abroad. Naturally, mail employees will not carry a letter every day or find out where the recipient of the notice is now.

Judicial practice in this matter is also not unambiguous. On the one hand, the Armed Forces determine that the seller is not required to deliver notices to other owners, but only to take measures that will notify the owners. On the other hand, some courts satisfy claims and transfer the right to acquire a stake in the interest-holder, motivating their decision precisely by the lack of confirmation of receipt of the notice of sale.

Personally in hands

If all the owners live together, then you can give a sample of the notice of the sale of a share in the apartment in person. In this case, it is necessary to require other holders of shares of receipt, with the decryption of the signature, the date of receipt of the notification. Although in practice, it is extremely rare to agree with other owners of non-residential premises.

Notarization of the sale of shares

Such a method is usually chosen by those sellers who are certain that it will not be possible to agree with other co-owners.

The notary takes all the functions of drawing up the notice, sending and confirming to himself. If the notified person does not appear to the notary within the prescribed time, but received a notification that the letter was handed, the latter issues a certificate stating that the co-owners are notified in accordance with the procedure established by law.

In situations where there is no confirmation of the delivery of the notice, the notary issues a certificate stating that all possible measures have been taken to properly notify the co-owners of the forthcoming sale. But the receipt of such a certificate should be agreed in advance, since such a document is not provided for by any normative act. Naturally, such a service is paid, but the most reliable of all the above.

Notification text

A sample of notification of the sale of a share in an apartment should not be sent immediately to all neighbors. In this case, it will be difficult to prove that all interested persons are properly notified.

The text prescribes the intention to sell its stake. Be sure to specify which part is supposed to be sold, where the property is located. It is necessary to describe the terms of sale, whether installment is possible. A very important point is the price. It must be real and correspond to the one for which the seller intends to alienate it. If the alienation to a third party is carried out at a greater or lesser price, then the transaction can be declared invalid.

A representative of another co-owner can receive a sample of a notice on the sale of a share in an apartment or other property.

His powers must be fully confirmed. It is necessary to check the power of attorney from such person, where it should be clearly stated that the representative has the right to receive notification of the sale.

Timing

After receiving confirmation that the co-owner received a letter of notification of the sale of the stake, you will have to wait 30 days. If after this period, the co-owners did not respond, did not show their decision, we can safely proceed to the stage of direct alienation of their share.

Notification or permission?

Very often, people confuse the concept of notice and permission. Instead of drawing up a sample of a notice on the sale of a share, they send a request to other owners for permission to sell to a third party.

This opinion is a complete fallacy. The owner of a share is a full-fledged administrator of his property with all the rights and duties that follow. To allow the sale or not to sell can not co-owners, otherwise it is a complete violation of the norms of the Constitution.

The pre-emptive right to acquire a stake is just a right that is enshrined in legislation and is intended to protect the rights of all co-owners.

Misconception appeared at the level of the body, which registers transactions for the alienation of property. Specialists Rosreestra sometimes require just permission to sell, but this requirement is completely contrary to the norms of the current legislation and violates the rights of the seller.

Rights of the saboteurs

If the seller has not bothered to send a sample of the notice of the sale of the stake to all owners of joint property, they have the right to appeal the transaction in a judicial procedure. The law for this procedure is set aside 3 months from the date of the transaction. In this case, the claim should imply a request for the transfer of the buyer's rights to the plaintiff.

In conclusion, it should be noted that notification of the sale of a share of an apartment is an important document in the whole procedure of selling a share in common property. Neglect of the obligation to send a notice may lead to legal proceedings.