Agreement for the purchase and sale of housing with maternity capital: what it is, features, procedure for registration and sample

An agreement with maternity capital is the common name for agreements for which maternity capital is used as payment. Files in .DOC: Form of agreement with maternity capitalSample agreement with maternity capital

In fact, there are only two types of contracts drawn up using maternal capital - a contract for the purchase and sale of housing (including under a mortgage agreement) and an optionally concluded agreement with an educational institution, payment for education in which is possible at the expense of maternal capital.

Why draw up an agreement?

Since the maternal family capital program involves the use of two options for purchasing housing: a purchase and sale agreement for finished housing or a mortgage agreement with a bank, many encounter problems with implementation. It is impossible to conclude a purchase and sale agreement without the Pension Fund. It is the Pension Fund that is the “holder” of the certificate until the family decides to use the funds due. A mortgage agreement with a bank is concluded directly with the bank, according to the terms of the loan.
Important: Payment with family capital funds when conducting a transaction through the Pension Fund takes several months. That is why private sellers are not always ready to enter into a purchase and sale with a family planning to use the certificate.

In addition, there are many nuances in the transaction.

Features of the agreement with maternity capital

The use of maternity capital in the process of purchasing housing differs significantly from a standard real estate purchase and sale agreement. There are differences:

• in the subject composition and the related distribution of purchased housing by shares;
• in order of payment;
• the need to obtain permission from the Pension Fund to use maternal capital.

The subjects of the agreement are all family members of the manager of maternity capital. And each family member is allocated shares in the residential premises immediately upon drawing up the contract or within six months after the transaction is completed.

It is advisable to allocate shares simultaneously with the conclusion of the agreement, that is, include the corresponding section in the agreement. This will simplify the further procedure. If initially the agreement provides for equity participation, then the registration procedure with Rosreestr will be one-time.

If the allocation of shares is made after the agreement, then you will have to contact Rosreestr twice - to register the purchase and sale agreement and to register the transfer of shares. And this not only takes time, but also leads to additional financial costs.

You can try not to register an agreement on the distribution of shares between family members, limiting yourself to registering a purchase and sale agreement in which the issue of shares was omitted. But it seems that the emergence of liability for such failure to comply with the requirements of the law is only a matter of time. So far, no liability has been provided, but checks by the Pension Fund and the prosecutor's office are already being carried out.

Scope of application of maternity capital

In addition to improving the family’s living conditions and providing the child with an education, maternity capital can also be used for:

• creating a funded part of the pension for the mother;
• providing conditions for adaptation in society and treatment of a disabled child;
• receiving monthly benefits for the second and subsequent children.

The forms of use of maternity capital presented in the list are not contractual and are formalized through a decision of the Pension Fund of the Russian Federation at the request of the mother.

To use maternity capital for the purpose of educating a child or purchasing housing, in addition to an application to the Pension Fund, you will also need to conclude an agreement with the seller of the housing or with an educational institution.

How to avoid refusal to register a purchase and sale in Rosreestr

After approval of the purchase by the Pension Fund and its registration, ownership of the object passes to the buyer, but with a limitation until full settlement with the seller. The buyer receives a confirmation document from Rosreestr, which indicates this restriction: the housing remains pledged to the seller until final settlement and receipt of payment using maternity capital funds.

In some cases, there is a hitch with the acceptance of documents in Rosreestr itself. As a rule, if some error has crept into the contract or there is a disorder in the submitted documents, then an employee of Rosreestr should inform you about it immediately, on the spot. But the level of competence of these specialists has recently deteriorated greatly and a problem with documents may be noticed much later. The most common reasons for refusals usually relate to formalities in which careless mistakes are made:

• The numbering of clauses in the contract is incorrect
• The code of the department that issued the passport is not specified
• The spelling of places of birth differs from those indicated in passports, although the meaning is retained. For example: the city of Kovrov and mountains. Kovrov. They can pay attention to such discrepancies and not skip the document for work.
• It is not recommended to immediately indicate the date of the contract, because in some cases this must be done by a Rosreestr inspector
• Lack of consent of the seller's spouse for the sale
• Incorrect name of the payer, his registration address or other errors in the receipt for payment of the state duty for re-registration of real estate. This can easily happen when you pay a state fee in a payment terminal that is unfamiliar to you.

But even in cases where all of the above formalities have been complied with, PF employees may refuse to coordinate and approve the transaction on their own grounds. To avoid this, I recommend that you contact the responsible employee of the fund in advance with the draft agreement and clarify its contents to ensure compliance with all legislative and local requirements that are relevant specifically for your region or city.

Despite the long description of the stages of purchasing a home using MK funds and numerous legal requirements, you can not only independently draw up an agreement for the purchase and sale of an apartment using maternity capital, but also fully carry out the entire transaction. Firstly, this procedure is not as complicated as it seems, and secondly, you are partly protected from mistakes and dishonesty by those government officials who do their job, carefully checking the documents for the purchase and sale transaction. Although sometimes their requirements seem excessive, in reality this significantly reduces the risks of the purchase and insures you against the danger of foolishly losing the already rare government assistance.

Registration of the contract

Drawing up a contract for the purchase and sale of housing using maternity capital is somewhat more complicated than drawing up a similar agreement, but without maternity capital. Therefore, it is better not to invent it yourself, but to use the template available on the site. The template is standard and will only require individualization for specific circumstances.

To individualize the contract, you will need to enter the following data into the template:

1. information about the parties to the contract - the seller and the buyers. It should be remembered that the buyers will be (if the agreement immediately provides for the division of shares) all family members;
2. information about the purchased housing - area, number of rooms, address, floor, etc.;
3. information about the price of housing;
4. information about the method of payment, indicating how much is paid from one’s own funds, how much from maternity capital, and how much from a mortgage loan;
5. information about what share of the total cost is paid by maternity capital, and, accordingly, what share is due to each family member.

Do not indicate the date of its preparation in the contract. This will be done by a Rosreestr employee when accepting the registration agreement.

Procedure for completing a transaction

A transaction for the purchase and sale of housing using maternity capital has a number of differences from the usual purchase of an apartment using entirely one’s own funds.

Such features must be taken into account when completing a transaction, both for buyers and for sellers. Associated with this is the need to carry out a number of specially provided procedures that must be carried out without fail.

Real estate, payment for which was made with maternity capital funds, must be registered as the property of all family members. In this case, the size of the share of each family member is established by mutual agreement.

To comply with this obligation, according to the law, two registration options are provided:

• The first assumes that when purchasing an apartment, an agreement is drawn up under which each family member receives a share of the property.
• In the second case, it is necessary to draw up a preliminary agreement. According to its points, a woman, after six months from the date of registration of the transaction or the last payment on an existing loan, is obliged to register shares for each of her family members with mandatory certification at a notary office. In the future, it is possible to contact the Rosreestr branch again.

The first option is much more profitable, since it involves signing only one documentary act - a real estate purchase and sale agreement. In the second option, you will need to take care of additional paperwork, endure the costs of paying for a notary confirmation, and also pay a state fee to Rosreestr.

Spouses must take into account that real estate purchased with funds from “maternity capital” is not subject to division when filing a divorce. Despite the fact that before the start of the divorce process it was not registered in the name of all family members, including minor children, such property cannot be classified as joint property.

Payment is made after a certain period of time from the date of registration of the transaction and registration in Rosreestr, after receiving approval from the regional Pension Fund.

Deal Features

A purchase and sale agreement using maternity capital is concluded only on the condition that the Pension Fund approves the transaction.
In fact, both the buyer (certificate holder) and the seller (property owner) must collect all the necessary documents. Each party to the contract has its own package. If at least one required document is not provided, the Pension Fund will refuse to transfer funds to the seller’s account. Important: If the certificate holder’s right to use the funds is revoked, the real estate seller will not receive payment for the transaction. In this case, the transaction is canceled, the real estate remains the property of the seller. The risk for a person selling an apartment or house for capital is minimal.

Notarization

The law provides for the need for notarization of the contract if the object of the transaction is a share in an apartment. To draw up an agreement, the parties can contact a notary office.

The notary will not only provide services for document certification, but will also draw up a contract (for an additional fee).

Costs for notarization can be:

1. Divided in half between the sides.
2. Responsible for the seller.
3. Responsible for the buyer.

Since 2021, the notary has been assigned the responsibility of providing documents to Rosreestr. Therefore, the parties will not have to independently take steps to state registration of the transaction.

To do this, the parties must pay the state fee for state registration of the right and sign an application at the notary’s office.

Documents for the buyer

When preparing for a transaction, the buyer also needs to collect a package of documents. The main ones include:

1. maternity capital certificate;
2. a certificate from the Pension Fund about the remaining amount;
3. an obligation to distribute shares in property rights to all family members, certified by a notary.

A certificate from the Pension Fund can be ordered at the Multifunctional Center without contacting the Pension Fund office directly.

An obligation to distribute shares is required if the contract is initially concluded exclusively for the buyer. According to the established rules, real estate from MSC funds can be registered as shared ownership for all family members: wife, husband, all children. Therefore, if the transaction is not carried out immediately for everyone, then within six months the division of ownership should occur into equal shares.

Important: If you fail to fulfill your obligation, the Pension Fund has the right to withdraw funds and cancel the transaction.

In this case, the buyer will bear all the costs that will have to be paid when re-issuing documents. In this case, the seller risks getting his real estate back six months later, as well as an obligation to reimburse the funds to the Pension Fund.

Documents for the seller

The seller is one of the participants in the transaction, therefore, in order to receive payment from family capital, he needs to prepare a list of documents.
The documents will be reviewed by the Pension Fund, where the capital owner’s money is stored. The main documents include:

1. a certificate from the bank in which an account is opened in the name of the seller (not a relative or family member, but the actual owner of the real estate);
2. an extract from a personal account from a bank (analogous to a copy of a savings book, which was canceled in 2015);
3. receipt of funds or notarized receipt of the obligation to pay the remaining funds by the buyer.

The latter document is not required if the property is sold for the amount of the mother certificate. Moreover, in 2021, the owner of the capital had the right to withdraw 20 thousand rubles at a time for his own needs, so before concluding a transaction it is necessary to clarify how much of the capital the buyer has.

Important: The purchase and sale agreement specifies the amount that the buyer pays to the seller. If this amount does not coincide with the amount of the certificate, then an additional receipt or obligation for cash payment is drawn up.

For example, if the buyer pays the difference immediately, then the seller writes a receipt confirming receipt of funds, and if the difference is paid over a period of time, then an obligation to pay within the specified time frame.

Obtaining permission from the Pension Fund

To use maternity capital funds to purchase an apartment, you must obtain permission from the Pension Fund of the Russian Federation at the place of residence of the certificate holder. To do this, you must submit an application for disposal of maternal capital funds to the fund’s branch.

The form is provided by the department staff; it must indicate:

• what the owner wants to spend the money on;
• in what amount (entire capital or only part of it).

The amount of funds allocated cannot exceed the price of the contract or the remaining unpaid portion thereof (clause 8.1 of Resolution No. 862).

If a positive decision is made, the fund transfers funds to the seller’s account within a month and ten working days from the date of acceptance of the application. If the Pension Fund refuses to transfer the payment , the owner must pay the remainder of the payment under the agreement from his own funds or terminate the agreement and return to the original legal relationship.

In some cases, Pension Fund employees can conduct an inspection of the purchased living space. If it turns out that the apartment does not meet sanitary requirements, fund employees may refuse to transfer funds under the certificate.

Transfer of funds to the seller

Funds are not transferred to the buyer. The law establishes the need for payment directly to the seller's account.

The decision on payment is made within 30 days. But the actual transfer is carried out only after 60 days.

The funds are sent to the account specified by the certificate owner in the application. Bank account details must be attached to the documents.

Coordination with the Pension Fund

To purchase housing for which you plan to use maternity capital, you will need permission from the Pension Fund of the Russian Federation. To obtain permission, you must contact the Pension Fund department at your place of residence with a corresponding application.

The application must be accompanied by:

1. maternity capital certificate;
2. written consent of the seller to carry out a transaction according to the scheme using maternal capital. Such consent is required since the transfer of funds from the PF to the seller’s account may take considerable time;
3. address of the residential premises, its cadastral description. This will allow PF employees to determine whether the housing meets the requirements for its status and performance;
4. copies of spouses' passports. If the copies are not notarized, you will also need to present the originals;
5. SNILS;
6. draft purchase and sale agreement;
7. if housing is purchased only by the spouse, then she will be required to provide a written commitment to allocate shares in the apartment to all family members within six months. The obligation must be certified by a notary. If the purchase and sale agreement itself provides for the allocation of shares, then no obligation will be required;
8. the seller’s bank account number to which the PF will have to transfer the money;
9. in case of purchasing an apartment using a mortgage loan, an additional certificate from the bank will be required;
10. a certificate from the Pension Fund about the balance of funds in the maternity capital account.

Discuss the draft agreement with a Pension Fund employee. He will immediately point out the shortcomings and advise the best option. This will save you from the possibility of refusal to register the agreement in Rosreestr or refusal to transfer maternity capital funds by the Pension Fund.

How to draw up a contract correctly

First of all, the purchase and sale agreement using maternity capital must be concluded with a notary. This allows you to immediately compile all the necessary receipts, additions and attachments in one place at one time.

The text of the contract must include the following information:

1. data of the buyer or buyers (all family members);
2. seller details;
3. subject of the transaction (real estate: actual address, dimensions, cadastral number, etc.);
4. transaction amount (how much the seller’s property is actually sold for);
5. method of payment of funds under the agreement (in particular, the clause on payment of maternity capital funds, as well as the method of payment of the difference);
6. payment terms (for example, within six months from the date of conclusion of the contract);
7. buyer details (bank details where funds should be transferred).

Additionally, you can include a clause stating who bears all material costs for concluding the transaction. Typically, the costs are borne by the buyer and are taken from the funds of the certificate. It would be useful to point out that the risks of failure to fulfill obligations to the Pension Fund are entirely borne by the owner of the capital, and not the seller.

Important: Since since 2013, the purchase and sale transaction has not been registered in Rosreestr, but only the transfer of ownership from one owner to another, it is considered unnecessary to include a clause on the payment of state duty. According to the law, the duty is now paid exclusively by the buyer.

Drawing up a purchase and sale agreement with and without a mortgage

Family capital can be spent before the child turns 3 years old :

1. If a family has a mortgage loan taken out to purchase finished housing, then it can be repaid using maternal capital.
2. The owner of the certificate can take out a mortgage and use the funds for the down payment.

To get a mortgage using maternity capital, you need to contact a bank branch with the following documents:

• passport;
• certificate of income of an individual;
• a copy of the maternity capital certificate;
• a copy of the work book.

Within 10 days , the bank makes a decision to issue a mortgage. After receiving approval of the transaction from the bank and concluding a mortgage agreement, the required amount for the apartment is transferred to the seller’s bank account. Afterwards, the recipient of the certificate must contact the Pension Fund with an application for the need to transfer state support funds to the bank account.

The bank agreement must clearly indicate the purpose of the loan - to purchase a home. If the document indicates a different purpose, or provides for a consumer loan, the Pension Fund will refuse to transfer the funds.

Residential real estate purchase agreements

Due to recent changes in legislation, the number of prohibitions on purchasing housing with maternity capital has decreased.

Thus, the restriction on the purchase of residential real estate outside populated areas, as well as dachas, was lifted. The fact is that from January 1, 2019, permanent residential buildings on garden dacha plots were equal in status to residential buildings, subject to their registration in Rosreestr. So far there is no practice of purchasing dachas using maternity capital, but it will appear soon.

There is still a ban on using maternity capital to purchase:

1. land plots for construction;
2. residential premises, but complying with sanitary standards and housing standards;
3. houses with more than 3 floors;
4. non-residential premises;
5. apartments in the secondary housing stock, the wear and tear of which is more than 50%;
6. ideal share in common joint property. An ideal share is understood as a digital designation of a share in property, without isolating it in kind with appropriate registration in Rosreestr.

Refusal to issue maternity capital and cancellation of the transaction

Let's move on to the second problem of the purchase and sale of an apartment with maternity capital, associated with the refusal to issue funds by the pension fund. There are many reasons for refusal:

• Parents are deprived of maternal capital due to any offenses;
• Incorrect or forged documents were submitted to the Pension Fund;
• All funds from the maternal capital have already been spent;
• The purchase and sale transaction was carried out with violations;
• The amount of payments under the agreement exceeds that available under the certificate.

In any case, the refusal to issue maternity capital leads to the fact that the conditions for fulfilling the purchase and sale transaction become unfeasible. But this situation is not hopeless, and it can be solved in a variety of ways.

• The first, and at the same time the most confusing, is to cancel the contract. Suitable if the situation is completely deadlock and the parties are poorly prepared for it. In this case, you will need to terminate the contract in court, re-prepare the papers and repeat the transaction;
• In addition, payment can be made using your own funds. This option is suitable for those buyers and sellers who know each other well and can settle payments with each other without any problems without relying on the terms of the contract;
• The third way could be to simply extend the installment period until all problems that have arisen with maternity capital are resolved. This option is very simple and universal, and also reliable - in the event of a conflict, the purchase or sale of an apartment can be challenged in court, based on the original document.

Information! Separately, we note the fact that the refusal to pay and the problems that arose with it can be described in detail in the paragraph “resolution of conflicts and controversial issues”. In this way, you will not only protect yourself from various unforeseen circumstances, but will also be able to quickly resolve the conflict, redo papers and smooth out all the unpleasant consequences of refusal.

Seller's risk

Because the seller runs the risk of having to make a refund when selling, legislation has protected such transactions. The seller of real estate has the right to challenge the refund, since he is not to blame for the illegal transaction.

To do this, you need to go to court with a demand to shift debt obligations to the Pension Fund to an unscrupulous buyer. To avoid such a risk and minimize the need to resort to judicial authorities, it is advisable to specify all aspects in the purchase and sale agreement.

Stages of buying out a share in an apartment using maternity capital

Since payment under the share purchase and sale agreement is made by the Pension Fund directly to the seller, it is important to comply with all the mandatory stages of preparing and conducting the transaction. The sales documents indicate that funds for payment come from state support, so issues regarding approval can be resolved by specialists within several months, but no more than three.

The first stage of buying out a share is collecting all the necessary documents. To complete the transaction you will need:

• data of the parties to the contract;
• information about real estate;
• share value;
• funds transfer scheme;
• the procedure for transferring ownership of part of the home to a new owner.

All documents must be submitted to the Pension Fund, which will carry out the verification, and in case of a positive decision, the transfer of money. To consider an application for redemption of a share, the applicant will need to provide:

• passport and SNILS;
• certificate for maternal capital;
• documents on marital status and presence of children;
• application for disposal of materials;
• an extract from the Unified State Register of Real Estate for part of the apartment;
• notarial obligation to allocate a share;
• contract of sale.

Upon expiration of the established period, the fund will make a decision on refusal or payment of financial assistance to improve housing conditions. Registration of ownership of shares is carried out in Rosreestr. This requires the presence of two parties to the contract.

Distribution of shares

Ownership of residential property must be distributed to all family members: mother, father, all children. This can be done in two ways:

1. Distribute and register shares immediately when purchasing a house.
2. Register ownership for one person. But within 6 months, the shares must be distributed among all family members.

The first option is more profitable, since in the second case the family will have to spend money on registration or notarization of additional papers. The mother, who has registered the property in her own name, must draw up an obligation at the notary's office. Next, Rosreestr places an encumbrance on the property. To remove it, you will have to contact Rosreestr again.

If the distribution obligation is not fulfilled, the Pension Fund of the Russian Federation may revoke the certificate and cancel the purchase and sale transaction.

Share size

Not a single regulatory act gives clear instructions on the size of shares in housing purchased at the expense of maternity capital. Based on established practice, we can say that the distribution of shares is carried out according to the following scheme.

The share in the acquired real estate corresponding to the amount of maternity capital is calculated arithmetically.

Example : For a housing price of 1,000,000 rubles, 250,000 rubles, that is, a quarter, were paid from maternity capital funds. Accordingly, 1/4 is divided by the number of family members. Thus, provided that there are 4 people in the family, each person will receive 1/16 of 1/4.

How to correct a mistake made in the contract?

The contract must be checked by employees of the Pension Fund of the Russian Federation. Therefore, when drawing up a written agreement, it is important to ensure that there are no errors in the document. For example, if the numbering of clauses is incorrect, the contract will not be accepted.

Table. How do I correct a mistake in a written agreement?

Deal closing stage What to do?