Realtor commission: how much does his work cost and what does it include?

The principles of potential real estate buyers are the same at all times - they do not like to pay intermediaries...

The crisis also contributes to savings: citizens do not have extra money, and, moreover, with the growing popularity of electronic services, agency clients prefer to do a lot on their own, solving some problems for specialists. Adapting to the situation, real estate agencies offer citizens discounts and reduce the cost of their services.

It is up to the buyer to decide whether to use the services of a realtor, entrust him with the entire transaction, or take on part of the work himself. If a consumer wants to find professionals in their field, it is important to find a good specialist and agree on everything in advance. Realtors understand that today no one spends money just like that.

Realtor commission: lower and upper limits

How much do real estate agency services cost today? The prices announced by different experts differ significantly and amount to 2-6% of the transaction amount. The percentage cost depends on the agency’s practice, the complexity of the service, the market situation and agreements with a specific client.

Experts provide slightly different data. According to Konstantin Manchenko, general director of the Teremok real estate agency (Pushkino city), the commission ranges from 2% to 5%. According to the director of the secondary market department at INCOM-Real Estate, Mikhail Kulikov, from 4% to 6%. Moreover, Kulikov clarifies that for difficult transactions (for example, if it was necessary to resettle capricious residents of a communal apartment), the payment may increase. Or decrease to 3 percent - if the realtor only sells vacant real estate.

But in the current situation, realtors are not angry. According to the managing partner of Metrium Group, Maria Litinetskaya, on average a realtor receives 2% of the contract amount. If the property is expensive, the amount is reduced to 1-1.5%, and for housing in the mass segment the commission is 2-2.5%. Thus, with the advent of the crisis and tougher competition among real estate agencies, realtors began to receive less for their services. Maria Litinetskaya concludes that if in 2013-2014 the broker was paid about 3%, today it is one and a half to two times less.

Some companies use a tariff payment system. According to Elena Mishchenko, acting Head of the city real estate department of the North-Eastern branch, if the transaction amount for an apartment does not exceed 6 million rubles, the realtor receives 150 thousand rubles, if the value of the property is more than 6 million - 2.5% of its value. When concluding alternative transactions (when one object is simultaneously sold and another is immediately purchased), clients are given discounts on purchases in the amount of 100 thousand rubles for each selected object.

According to the observations of Nikita Orlov, General Director of LIANA, Moscow, partner of the Megapolis-Service Kyrgyz Republic, in the capital, when concluding a simple transaction, a realtor receives 150-200 thousand rubles, a complex one, which is associated with an alternative, - 250-350 thousand rubles. In the Moscow region, the commission is smaller: according to the expert, in some cities of the region it is equal to 50-100 thousand rubles.

Private realtors who work in the Moscow region receive about 90-120 thousand rubles for a simple transaction and 180-200 thousand for an alternative one.

What is more profitable: working for an agency or working for yourself?

The agency is the alma mater of every realtor. Everyone starts with this, and after gaining experience, many go into private practice. Do private realtors earn good money and where is it more profitable to work?

Agency

Private owner

Evgeny Palko, Moscow private realtor for the ners.ru forum:: - Many agencies set sales plans in such a way that the brokerage percentage depends on the implementation of the plan. Private traders get the whole jackpot. However, to be a successful single broker, you need to have a large client base and your own “suppliers” of good orders.

Conclusion: you can go to private realtors if you already have experience, a client base, recommendations and capital that will cover initial expenses. Is it possible to make quick money by becoming a realtor in an agency, even if you have no experience? Yes, but you will have to look for a place where they will teach you everything.

Read on topic How to learn to identify the types of clients who buy real estate and close transactions even with the most picky? Read on our blog

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Who pays - the seller or the buyer?

The one who most needs the services of a realtor pays in the real estate market. Konstantin Manchenko recalls that in the early 2000s, when the market was booming, buyers paid for the services of realtors, since they, more than sellers, needed the help of specialists: then apartments were actively sold, and it was necessary to quickly “grab” a suitable option. Today the situation is exactly the opposite, which is why, as a rule, realtors are paid by sellers.

In an alternative transaction, the client acts as both a seller and a buyer, therefore, naturally, he rewards the realtor.

What do we pay for on the secondary market?

Now let's take a closer look at what services we pay for. In fact, a realtor has many responsibilities, and they are specified in the agreement that the client enters into with the real estate agency. As the chairman of the board of the group, Oksana Vrazhnova, clarifies, these include assessing the state of the market, analyzing the price situation in the desired area, and selecting options. The realtor helps the client obtain a mortgage, organizes viewings of properties, and the company’s lawyers check the documents and the legal cleanliness of the apartment. The realtor negotiates with the client and ensures the transfer of money for the property (including prepayment), prepares a draft contract for the purchase and sale of housing. He is also involved in signing and submitting a purchase and sale agreement for state registration, organizing the transfer of real estate to his client under a transfer and acceptance certificate, and so on.

In the case of selling a home, a realtor evaluates the market, conducts an advertising campaign, conducts showings, and negotiates the terms of purchase of real estate; on behalf of the client, accepts advance payment, collects documents, prepares an agreement, ensures the transfer of money, organizes the signing of an agreement, submits documents for state registration and controls the transfer of the apartment to the buyer.

What are the responsibilities of a real estate agent?

The job of a realtor is to choose the right option for the buyer , taking into account his requirements and wishes. There are many nuances and issues that an experienced and competent realtor must understand, including law, record keeping, communication skills with the seller, and the nuances of conducting a transaction.

The specialist deals with issues that greatly simplify the purchase, ensuring its safety for the buyer. What does a realtor do:

• She is looking for an apartment , analyzing the market based on the price level for these objects and selecting the necessary option.
• Checks information in advertisements for accuracy , calling and weeding out apartments that have already been sold.
• Negotiates with the owner and arranges to view the apartment.
• Checks the object and documents for legal purity and prepares a complete package of documents for making a purchase.
• Provides related services - assistance in re-issuing documents, finding a bank to obtain a mortgage, etc.

We wrote in detail here about whether you need a realtor when buying an apartment and what he does.

New buildings market: commission is lower than on the secondary market

When purchasing a primary home, you will need the services of a realtor in any case, since you cannot buy an apartment from construction workers. Therefore, developers either create their own real estate sales division or negotiate with a real estate agency. Nikita Orlov says that when selling new buildings in Moscow, a standard scheme applies, when the realtor’s services are paid for by the developer, and not the client. When selling a business class lot, the realtor’s remuneration is 1%, for the mass segment (economy and comfort classes) – 2-3%. When selling apartments in new buildings located in the Moscow region, the commission can reach up to 5%.

For its part, the buyer pays for transaction support and property registration services. As Maria Litinetskaya says, the commission in this case is 1-1.5% (usually 1%) of the transaction amount. According to Marina Piatrovich, head of the secondary housing sales department, the remuneration ranges from 70 to 150 thousand rubles.

Maria Litinetskaya explains that each project has its own rules for paying for realtor services: somewhere in 1% the amount for booking an apartment may be included, which is then included in its price, somewhere the amount of payment for transaction support is fixed, regardless of its amounts.

According to Oksana Vrazhnova, as a rule, buyers of primary apartments believe that a realtor is an intermediary whose services involve additional costs. However, this is not true: the cost of living space for realtors and developers is the same. Some buyers think that it is easier to negotiate a discount with the developer and increase its size, but this is also a misconception. The discount from the developer applies to both real estate agency clients and construction company clients. Sometimes a broker has a larger discount - due to the commission he receives from the developer.

The press service spoke in detail about the services of realtors, which are paid by the buyer of a new building. Often, a personal manager works with the client, who helps him choose a suitable option, a convenient payment method, and, if necessary, apply for a mortgage; he will advise the bank with the most favorable conditions. At the initial stage, the main thing is to conclude a reservation agreement, which guarantees that the apartment will not be sold to another person.

Next, the buyer and the developer sign an equity participation agreement (DPA). The manager organizes the conclusion of an agreement, prepares documents to register the child-only subsidiary in Rosreestr, checks documents for shortcomings and discrepancies, and represents the interests of the buyer in Rosreestr. Finally, the client receives a registered contract.

When the house is put into operation, the realtor helps in registering ownership. He acts on behalf of the buyer on the basis of a power of attorney certified by a notary and an agreement concluded with the client.

Registration of purchasing an apartment without a realtor in 2021

In our country, the real estate market is gaining momentum every day. When purchasing real estate, the future owners have a question: “Is it possible to buy an apartment without a realtor?” Taking into account modern means of communication and the availability of publicly available real estate databases on the Internet, the task of finding an apartment suitable for you has become much easier (if you have free time to analyze the supply market). However, before completing a real estate purchase and sale transaction, you need to know the legal intricacies of real estate transactions, since the real estate market is full of fraudulent schemes. In addition, it is important to choose an apartment not only based on the criteria of convenience, location, etc., but also to check its legal “purity”.

In order to avoid unqualified actions when purchasing real estate, as well as reduce the risks of purchasing unreliable real estate, it is necessary to clearly and step-by-step follow the procedure for checking the legal purity of real estate and the procedure for registering the purchase and sale of an apartment.

With this step-by-step instructions, you can buy an apartment on the secondary market without involving a realtor.

In this article we will answer the questions: how a real estate transaction occurs, where real estate transactions take place, where real estate transactions are formalized, how to formalize a transaction and an agreement for the purchase and sale of an apartment without a realtor, and we will also analyze the nuances of the procedure for purchasing a home and registering a purchased apartment in own. Particular attention in this instruction is paid to the procedure for registering a mortgage transaction. If you are interested in purchasing a new building from a developer, we recommend that you read the step-by-step instructions for purchasing a new building from a developer here.

Step-by-step instructions “We arrange the purchase of an apartment on the secondary market without a realtor”

This instruction contains the procedure for conducting a purchase and sale transaction of residential and non-residential real estate, the stages of a real estate purchase and sale transaction, as well as features of the execution and registration of a real estate transaction on the secondary market.

Step 1 . Choosing an apartment and checking the legal purity of the property

The most important step when buying real estate. By carefully checking the property, you reduce the risks of challenging the real estate transaction and reclaiming the property from your possession. We have dedicated a separate article to this important step when purchasing real estate, “Checking the legal purity of real estate on the secondary market.” This article discusses the legal aspects of verifying a real estate transaction depending on various circumstances. Only after a thorough inspection of the property is it advisable to proceed to the next paragraphs of these instructions.

Step 2 . We choose: advance or deposit. We draw up preliminary agreements with the seller

When the buyer and seller have agreed on the basic terms of the transaction, it is necessary to formalize preliminary agreements, and then proceed to further actions on the transaction. To do this, the parties enter into a preliminary purchase and sale agreement. The essence of this agreement is that the parties secure obligations to conclude a purchase and sale agreement, while this agreement must contain the essential terms of the future agreement: the subject of the agreement (individual characteristics of the real estate property: address, cadastral number) and the price of the property. An important condition of the preliminary agreement is also the term. If it is not agreed upon by the parties, then by law it is equal to a year from the date of conclusion of the contract. If the buyer and seller do not conclude an agreement within the agreed period and neither party offers to conclude this agreement by sending a written proposal to conclude an agreement, then the obligations under the preliminary agreement are terminated. In the preliminary agreement, as security for the fulfillment of the obligation to conclude the main contract, the buyer and seller may provide for the payment of a deposit by the buyer.

It is important to know the basic rules about the deposit:

• if the contract is not concluded due to the fault of the buyer who paid the deposit, then the deposit will not be returned to him;
• if the contract is not concluded due to the fault of the seller, the seller returns double the amount of the deposit;
• If the contract cannot be concluded or the parties, by agreement of the parties, terminate the preliminary contract, then the deposit is returned.

A “simpler” option to secure preliminary agreements is to make an advance payment.
An advance is a sum of money contributed towards future payments. That is, the entire amount of the advance must be counted towards payment of the cost of the property under the contract. If the purchase and sale agreement is not concluded, then the advance payment must be fully returned (regardless of whose fault the agreement was not concluded). If doubts arise as to the nature of the amount paid, then by law it is generally accepted that this was an advance payment and not a deposit. Therefore, if you decide to secure the agreement with a deposit, then you must directly indicate this in the agreement of the parties.

We draw your attention, since the deposit has a security function, that is, it ensures the fulfillment of obligations under the contract, then without any agreement (in particular a preliminary contract), the deposit cannot be made, money paid simply according to a receipt that does not contain a secured obligation , must be considered an advance.

Step 3 . Providing real estate documents to the bank (when purchasing real estate with a mortgage)

After checking the documents for the property, and most importantly, checking the documents characterizing the buyer-borrower, the bank makes a decision on approval or disapproval of the loan. If the loan is approved, the bank sends a proposal on the terms of the loan. When the issue of issuing a loan has been resolved, you can move on to the next stage, and the bank will also take part in almost every subsequent stage of the process of registering the purchase of an apartment.

Step 4. Preparation or analysis of a draft real estate purchase and sale agreement. Negotiating the terms of the transaction, choosing a method of payment for the cost of real estate. Request documents for the transaction from the seller.

Before entering into a transaction, the buyer requests the following documents from the seller:
• an extract from the house register, which indicates the persons registered in the apartment or residential building (as a rule, the issue of deleting all registered persons is resolved before the transaction);
• a certificate from a financial personal account confirming the absence of arrears on utility bills, a certificate confirming the absence of arrears on contributions for major repairs (the issue of debt repayment is also resolved before the transaction);
• certificates from a psychoneurological and narcological dispensary confirming that the seller is not registered with these institutions (it is better to request certificates with a doctor’s visit, and not just about “failure to register”);
• in some cases (if there are doubts about the adequacy of the seller or if the seller is elderly), we advise you to ask the seller to undergo a medical examination for “sanity” on the day of the transaction;
• confirmation of compliance with the right of first refusal in shared ownership;
• notarial consent of the spouse to a transaction for the alienation of joint property or a marriage contract establishing a different property regime for the spouses.

Before the transaction, the parties must agree on the terms of the contract, make amendments and prepare documents for signing.

What conditions must be included in a real estate purchase and sale agreement?
• description of the property (address, cadastral number, area, etc.);
• the basis for the acquisition of ownership by the seller (details of a purchase and sale agreement, exchange, donation, etc., or a certificate of inheritance, other document, details of a certificate of ownership or extracts from the Unified State Register of Real Estate);
• the seller’s guarantees regarding the absence of liens, other encumbrances, restrictions on ownership, and non-conclusion of a purchase and sale agreement with another person;
• price of the property, payment procedure and terms, distribution of registration costs;
• the procedure for transferring real estate under a transfer and acceptance certificate, transfer of risks of accidental death;
• guarantees from the seller regarding the absence of signs of bankruptcy of the seller;
• whether the seller is married, the seller's obligation to obtain the consent of the spouse if the seller is married and the property is jointly owned.
• obligations to repay debts on utilities, contributions to SNT, cooperatives, contributions for major repairs;
• the contract for the purchase and sale of residential premises displays the persons retaining the right to reside, the procedure for their vacating the residential premises (or it is indicated that there are no registered persons at the time of signing the contract);
• responsibility of the parties.

The real estate purchase and sale agreement must be in writing and signed by both parties. The law does not provide for a mandatory notarial form of such an agreement.

The exceptions are, in particular, those subject to notarization:

— transactions for the alienation of real estate belonging to a minor or a citizen recognized as having limited legal capacity;

— transactions for the alienation of shares in the right of common ownership of real estate, with the exception of transactions for the alienation by all participants in shared ownership of their shares under one transaction;

— transactions for the alienation of residential real estate, if the application and documents for registration of the transaction are submitted to the rights registration authority by mail.

A detailed list of transactions subject to notarization is posted in the article “Transactions subject to notarization.” In addition, the parties have the right to have the transaction notarized if they wish. For information on whether it is necessary to voluntarily certify a real estate transaction with a notary, what advantages such certification of the transaction provides, and the costs of a notary, also read the article at the link.

The transfer of ownership under a contract for the purchase and sale of real estate is subject to mandatory state registration (the contract itself is not registered, it is the transfer of ownership that is registered, in connection with this the contract comes into force from the moment of its signing, and not registration; the consent of the buyer’s spouse for the purchase is also not required apartments).

One of the most important issues when drawing up a contract for the purchase and sale of real estate (apartment, garage, house, plot, etc.) is the choice of payment method. Read a separate article about payment methods for real estate transactions. In this step-by-step instruction, we will analyze the procedure for the methods of payment for real estate recommended by us, and also analyze the procedure for completing a real estate purchase and sale transaction using credit funds.

Step 5. Signing a real estate purchase and sale agreement, paying the cost of the apartment (depending on the chosen payment method)

If the transaction is subject to notarization by law or at the request of the parties, then the draft purchase and sale agreement must be agreed upon with the notary, and also provide him with the documents listed above, title documents for real estate (for a list of title documents depending on the basis for the purchase, see the article on verification legal purity of real estate), passports of the parties to the transaction, other documents requested by the notary. After checking the documents, the notary sets a date for the transaction, the purchase and sale agreement for the apartment is signed by the notary, who certifies the signatures of the parties with his signature and seal. Next, the notary sends documents for registration of property rights, or the parties themselves submit documents for registration to Rosreestr. From 02/01/2019, this service is included in the notary tariff, but the parties must pay a state fee for registration in Rosreestr; after certifying the transaction, the notary is obliged to immediately, but no later than the end of the working day or within the time limits established by the parties to the agreement, submit in electronic form an application for state registration of rights and the documents attached to it to Rosreestr; in exceptional cases, he submits them in paper form to within 2 business days, but the parties may refuse to submit documents through a notary. When submitting documents for registration by a notary in electronic form, registration deadlines are shortened - registration will take only 1 day (if the parties themselves submit documents for registration on the basis of a notarial transaction to Rosreestr, then the period is 3 working days, when submitting through the MFC - 5 working days). After the procedure for concluding a purchase and sale transaction with a notary, the parties perform the following actions to pay the cost of real estate. If the transaction is not certified by a notary, then, as a rule, the actions of payment and signing of the contract occur simultaneously.

Letter of Credit

When drawing up a purchase and sale agreement with payment through a letter of credit, the parties, as a rule, sign the purchase and sale agreement at the bank in which the letter of credit is issued. To issue a letter of credit, the buyer will need to open a bank account and sign an application for opening a letter of credit. This statement indicates the main formalities: the amount of the letter of credit, the term of the letter of credit (indicated taking into account the registration of the transfer of ownership), the agreement in pursuance of which the letter of credit is opened, a description of the property, data of the buyer and seller, the type of letter of credit (a letter of credit can be, in particular, irrevocable or revocable, covered or uncovered, for more information about the differences between types of letters of credit, read the article at the link above; as a rule, an irrevocable covered letter of credit is used for real estate transactions), as well as the basis for receiving funds by the seller (a registered purchase and sale agreement confirming the transfer of ownership), bank seller details. Next, the buyer deposits funds into a bank account, upon application for opening a letter of credit, the money is transferred to the bank in which the seller’s account is opened (if the letter of credit is covered), or remains in the correspondent account of the bank that opened the letter of credit (issuing bank), transferred to the seller’s bank (executing bank, executing bank) only after receiving documents on the fulfillment of the terms of the letter of credit (uncovered letter of credit). The procedure is simplified and the time for transferring money is reduced if the buyer and seller have an account opened in the same bank. Read about the completion of mutual settlements under the transaction (receipt of money by the seller under a letter of credit) in paragraph 8 of these step-by-step instructions.

Bank safe deposit box

When paying through a safe deposit box, a real estate transaction, as a rule, is also concluded at the bank where the safe deposit box is rented: the parties sign a purchase and sale agreement, check each other’s documents, and exchange documents. To rent a safe deposit box, a lease agreement is concluded with the bank, which stipulates the conditions for access to the safe deposit box. Such conditions usually include the provision of a registered purchase and sale agreement confirming the transfer of ownership to the buyer. However, additional conditions may be specified (for example, providing an extract from the house register confirming the deregistration of people living in the apartment, if they were not “registered” at the time of the transaction). In addition, it is advisable for the seller to order such a service from the bank as “checking and recalculating funds”; a bank employee on the machine checks the bills for authenticity and also calculates the amounts, then the funds are packed in a sealed bag with the signature and seal of the bank. Next, the seller, buyer and bank employee go to the vault and jointly deposit money into an individual safe deposit box and close it. The keys to the safe deposit box are given to the buyer. Subsequently, the buyer gives the keys to the seller in exchange for the seller’s receipt of money. In practice, the seller and the buyer write a receipt immediately on the transaction (the seller writes a receipt for receiving money, the buyer puts his signature on it in order to later distinguish this receipt from others and avoid replacing the signature on the receipt), the receipt remains with the seller, the buyer retains the keys, after registering the transfer of ownership rights, the parties exchange (more on this in paragraph 8).

Mortgage

When purchasing real estate using credit funds, as a rule, payments are made through the bank providing the loan. There are several options here:

1. the buyer independently transfers the amount of the down payment (own funds) to the seller, and then the bank transfers the credit money after receiving confirmation of payment of own funds.
2. the buyer deposits his own funds into the bank account, the bank also credits funds to this account, then the accumulated funds are transferred to the seller’s account.

When using credit funds, the buyer signs a loan agreement with the bank, and the bank also draws up a mortgage agreement. To draw up a mortgage and mortgage agreement, it is necessary to assess the cost of the apartment, and in most cases it is necessary to order a technical plan (passport) of the property (such a document may be available from the seller or it will have to be ordered from the organization that carried out the measurements of the premises and produced the technical plan premises (a copy of a previously prepared plan is issued; this will be cheaper than ordering a plan from a new organization with a cadastral engineer visiting). It should be noted that when purchasing an apartment on a mortgage, an important point is the absence of uncoordinated redevelopments in the premises, since this data is displayed in the appraiser's report and affects the assessment of the value of the property.

Credit money is usually transferred to the seller after registering the transfer of ownership to the buyer and registering a mortgage on the property in favor of the bank.

The last clarification on this step of the real estate transaction: for banking services you need to pay a commission to the bank. The distribution of the commission between the parties is a contractual issue, each time it is decided individually (one of the parties pays it in half), in general, the issue of additional costs must be discussed in advance with the buyer and their burden distributed, taken into account in the price of the property (such costs include bank commissions, notary fees if necessary, expenses for obtaining documents, legal services when engaging a specialist to complete a transaction, state registration fees).

Step 6. Registration of the transfer of ownership of an apartment (other real estate) in Rosreestr

To register the transfer of ownership under a purchase and sale agreement you will need:

• application for registration of transfer of ownership of real estate (filled out in Rosreestr or MFC, signed by two parties - the seller signs an application for registration of transfer of ownership, and the buyer - an application for registration of ownership);
• purchase and sale agreement (original - at least 2 copies, it is advisable to provide the number of copies according to the number of parties to the transaction: one for Rosreestr, the rest for each party to the transaction, so that each party has the original agreement with the Rosreestr mark; if the agreement was certified by a notary, then submit 1 copy in the original + copy, the original is returned after registration, but you can submit an additional copy, in this case in the future it is possible to obtain a copy of the documents from Rosreestr if necessary);
• act of acceptance and transfer of real estate (the number of copies is determined by analogy with the contract), if the transfer under the contract occurs before the registration of ownership of the real estate.
• a notarized statement of the seller’s spouse regarding consent to conduct a real estate transaction, if real estate that is in the common joint ownership of the spouses is alienated - original and copy; if the seller is married, but only he has the right of ownership of the real estate, the real estate is not in joint ownership (individual property), then it is necessary to submit a document indicating that the alienated property is not in the joint ownership of the spouses (for example , marriage contract, agreement on the division of the common property of the spouses, a court decision on the division of property and determination of the shares of the spouses (original and copy, court decision - at least 2 copies certified by the court);
• consent of the guardianship and trusteeship authority to the alienation of residential premises in which the family members of the owner of this residential premises live under guardianship or trusteeship or minor members of the owner’s family left without parental care (which is known to the guardianship and trusteeship authority), if this affects the rights or protected by law the interests of these persons, or if the seller is a minor or incompetent (original and copy);
• documents confirming the powers of legal representatives, adoptive parents, guardians or trustees (if a minor or incompetent person is involved in the transaction) - original and copy;
• written consent of parents, adoptive parents or trustees, if real estate is alienated or acquired by a minor aged 14 to 18 years (original and copy);
• written consent of the mortgagee to the alienation of property, if the object is pledged and otherwise not provided for in the mortgage agreement (original and copy);
• consent of the rent recipient (if the property is encumbered with rent);
• waiver by other owners of the right of first refusal or confirmation that the seller has notified in writing the other participants in shared ownership of his intention to sell his share, indicating the price and other conditions under which he is selling it (application sent by mail with registered notice) (if a share in the common shared ownership of real estate is being sold)

  - original and copy;

• loan agreement with the bank, mortgage, if drawn up, and documents specified in the mortgage as attachments (when purchasing real estate on a mortgage) - original and copy, as well as an application for state registration of the mortgage by force of law from the mortgagee or mortgagor or an application from both parties when registering a mortgage by virtue of an agreement;
• document confirming payment for the cost of real estate (provided if the contract stipulates that the ownership of the property remains with the seller until payment of the cost of the property) - original and copy;
• passport of a cultural heritage object, if the real estate is a cultural heritage object and such a document has not previously been submitted for state registration of transactions with this object (original and copy);
• title document for the property (the original, which after state registration of the transfer of rights is returned to the seller);
• one of the documents confirming the authority to sign the agreement (if the agreement is signed by a representative) - the original and a copy;
• technical plan of the premises (original), if the real estate has undergone redevelopment, reconstruction in the prescribed manner and cadastral registration of real estate in a new form has not previously been carried out, or cadastral registration of real estate has not previously been carried out at all (for simultaneous registration and cadastral registration, about which the corresponding statement);
• documents that are necessary for state registration of a previously arisen right and the seller’s application for state registration of a previously arisen right, if the seller’s ownership has not been registered;
• an extract from the house register confirming the absence of registered persons in the apartment/other residential premises or a list of persons living in the apartment if they retain the right to use the apartment or undertake to “check out” after registering the transfer of ownership. The need for Rosreestr to obtain information about registered persons in residential premises is determined by paragraph 1 of Article 558 and paragraph 4 of Article 292 of the Civil Code of the Russian Federation. At the same time, this document is not included in the mandatory list of documents, since it is requested by Rosreestr in the order of interdepartmental interaction, however, due to failure to receive information by Rosreestr during the registration period, the process of registering property rights may be suspended. And if during the “suspension” period the information is not received by Rosreestr, then Rosreestr will refuse registration. Therefore, we recommend that you provide this document yourself.
• passport or other identification document of the applicant(s); power of attorney, if documents are submitted by a representative (original and copy);
• if the party to the transaction, the applicant is a legal entity, then it is necessary to submit the constituent documents of the legal entity (with all changes and additions) - the original or a notarized copy, or a copy certified by a person who has the right to act without a power of attorney on behalf of the legal entity, and the seal of the legal entity and a copy. The constituent documents are the charter and the constituent agreement (if any). It is also advisable to provide a certificate of state registration of a legal entity.
• receipt of payment of state duty - original and copy.

Submission of a document confirming payment of the state fee along with the application is not required. The applicant has the right to do this on his own initiative. However, if there is no information about the payment of the state duty in the State Information System on State and Municipal Payments, after five days from the date of submission of the application, Rosreestr will return the application and the documents attached to it without consideration, so we recommend attaching the receipt.

The procedure for registering ownership of an apartment with a mortgage is generally the same as when purchasing an apartment without using credit funds. However, when registering a mortgage, you will also need to coordinate with the bank the submission by a bank employee of an application for registration of the mortgage (either simultaneously with a general set of documents, or a receipt with the registration case number is provided to the bank for the bank to submit additional documents for this case), provide the documents for registration indicated above in list of documents for mortgage registration.

Amount of state duty for registration of property rights:

For registration of ownership of real estate, individuals pay a state fee of 2,000 rubles, legal entities - 22,000 rubles.

A state fee is charged for registering a mortgage on the basis of a mortgage agreement:

— for individuals — 1,000 rubles;

— for organizations — 4,000 rubles.

By law, no fee is charged for registering a mortgage.

When registering a mortgage, you will also need to agree with the bank on the submission by a bank employee of an application for registration of the mortgage (either simultaneously with a general set of documents, or a receipt with the registration case number is provided to the bank for the bank to submit additional documents to this case).

The application and documents can be submitted in one of the following ways:

• in person (or through a representative by proxy) to a branch of Rosreestr or MFC, including regardless of the location of the property in accordance with the list of divisions that provide reception on an extraterritorial basis posted on the Rosreestr website, as well as to an authorized person of Rosreestr during on-site reception.
  In Moscow, documents for state registration are accepted only through the MFC, except for admission on an extraterritorial basis. To register the transfer of ownership of real estate under a purchase and sale agreement in the Moscow region, in most cases it is also necessary to contact the MFC.
• by mail with a declared value upon sending, an inventory of the contents and a notification of delivery;
• in electronic form, including via the Internet through the Unified Portal of State Services and the Rosreestr website.

When sending documents by mail, the authenticity of the signature on the application must be notarized, the transaction with residential premises must be notarized, and a copy of an identification document (passport) must be attached to the application.

When submitting documents for state registration of ownership of an apartment, you must be given (sent) a receipt (notification) of receipt of the documents.

An equally important issue is the timing of registration of the transfer of ownership, which is especially important in alternative transactions.

The period for state registration of rights should not exceed 7 working days from the date of receipt of the application and necessary documents by Rosreestr (9 working days if documents are submitted through the MFC). If registration is carried out on the basis of notarized documents, its period is 3 working days, if documents are received in electronic form - 1 working day, and when applying through the MFC with notarized documents - 5 working days.

The period for state registration begins on the next business day after the date of receipt of documents (Letter of Rosreestr dated August 22, 2017 No. 14-10188-GE/17).

The completed state registration is certified by an extract from the Unified State Register of Real Estate, and Rosreestr also transmits copies of contracts with a mark on the registration.

Step 7. Completion of mutual settlements (depending on the chosen payment method), transfer of keys to the apartment and documents

After receiving documents confirming the registration of property rights in Rosreestr, the parties complete mutual settlements depending on the chosen payment method.

Letter of Credit

No further involvement is required from the buyer. Documents justifying the transfer of funds are provided by the seller to the executing bank, which, after checking the documents within a few days, transfers funds from the correspondent bank to the seller’s account.

Bank safe deposit box

The buyer gives the seller the keys to the safe deposit box only in exchange for a handwritten receipt confirming receipt of funds (the receipt must be written in the presence of the buyer or in accordance with the instructions above). It must be remembered that with this payment method, only the seller’s receipt confirms such an important fact as payment of the cost of real estate under the contract. The cell rental agreement is not a payment document and cannot confirm payment of the cost for many reasons. If the buyer does not receive a receipt from the seller for receipt of money, the seller may file a lawsuit to terminate the sales contract and claim the property due to non-payment of the price under the contract. Therefore, it is important to remember these rules for conducting and processing a real estate transaction when using a safe deposit box.

Mortgage

The buyer provides documents confirming registration to the bank providing the loan to transfer funds. The timing of the transfer of funds is specified in the loan agreement and the purchase and sale agreement.

Before or after completion of mutual settlements, the parties, as a rule, once again inspect the apartment, take meter readings (calculate the seller’s debt if necessary), the seller hands over the keys to the buyer, and the parties sign a transfer deed.

Also, when carrying out mutual settlements, it is advisable to obtain from the seller original documents for real estate or their notarized copies (documents that provide the basis for the acquisition of ownership rights by the seller, the previous chain of documents); these documents may be useful in the future in case of legal disputes or when selling real estate.

Step 8

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Don’t forget to apply for a personal income tax deduction in connection with the purchase of residential real estate and return the tax from the budget.
If you have not previously issued a tax deduction in connection with the purchase of real estate or have not used it in full, then you have the right to apply for it when purchasing residential real estate and return the personal income tax. . When completing a transaction for the purchase and sale of an apartment with a mortgage in the future, the owner can apply for a tax deduction for the interest paid to the bank for using the loan. Read more about applying for a tax deduction when buying an apartment and buying with a mortgage here.

Do you need legal support for a real estate transaction? For an initial consultation and calculation of the cost of services, call us at 8 (495) 223-48-91 or submit a request.

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Commissions on the rental market have also decreased

A downward trend in prices is also observed in the rental market: the cost of rent, the amount of the deposit and commissions have decreased.

Nikita Orlov says that the passing percentage on the Moscow rental market today does not exceed 50%. There are also advertisements that indicate a commission of 100%, but the expert is confident that given the current economic situation, clients will not pay such an amount. Security deposits (collateral) in most cases have also been reduced to 50% of the monthly payment. In the Moscow region, rent has fallen in price, therefore, realtor commissions have also decreased, and here they may not take a deposit at all.

According to Konstantina Marchenko, who works in the town of Pushkino near Moscow, tenants used to pay commissions, but today, due to the large volume of supply and increased competition, it is landlords. Sometimes the landlord and tenant pay equally for the realtor's services. According to Elena Tanaeva, today the realtor’s commission is still paid by the tenant.

In the capital, as a rule, the realtor's services are still paid for by the tenant. According to Nikita Orlov, the landlord takes on such expenses if housing is expensive and the monthly rent is 60-100 thousand rubles or more.

If the realtor’s client is a tenant, the specialist looks for a suitable apartment - evaluates options, contacts the owners to find out the conditions, organizes viewings, and prepares a rental agreement. The realtor helps the landlord find a tenant, places advertisements and warns of possible risks - an unexpected move, subletting of an apartment by tenants, use of real estate for other purposes. All these points are specified in the contract.

Oksana Polyakova, deputy director of the apartment rental department at INCOM-Real Estate, adds that the agency cooperates with clients and after the transaction is concluded, apartment owners are provided with a “Guarantee”. According to the terms of the agreement, the agency helps resolve disputes and supports clients throughout the entire rental period. provides such services free of charge, since it is interested in constantly updating its database. “Warranty obligations” are relevant for tenant clients and are included in the range of services provided at a standard payment.

Private realtors in the rental market ask about the same for their services. However, do not forget that private traders may subsequently demand a larger amount from the client than was initially agreed upon.

Why Internet services do not replace a realtor

Why is a professional realtor valued and why is he not completely replaced by online services? According to Mikhail Kulikov, director of the secondary market department at INCOM-Real Estate, a realtor can create complex chains of sellers and buyers in alternative transactions, of which about 80-90% of the total are currently concluded.

One of the people in the chain may suddenly throw out the trick and even abandon the deal on the eve of the agreed date. Kulikov emphasizes that a realtor must also be a good psychologist who is able to reassure such participants in the transaction and find a way out of almost any situation. The expert adds that online databases are still not able to cope with the human factor and are unlikely to ever be able to.

A separate issue is checking the legal purity of secondary real estate. As experts say, no one will give an ironclad guarantee that there will be no troubles with the apartment in the future. However, by using the services of the legal service of a real estate agency, the buyer will significantly reduce the risks. Marina Piatrovich says that the owner can hide important facts about the apartment: for example, that people are still registered in the living space or there are nuances with title documents, issues related to inheritance of real estate, debts for utilities and others.

In addition, a realtor knows how to bargain and can save the client money, notes Piatrovich. The intermediary's services may be less than the negotiated discount.

According to Oksana Vrazhnova, everything said above is typical for the real estate purchase and sale market - the Internet is used more actively in the rental market. Tenants often find an apartment without the help of a realtor - through friends, using social networks. But this applies to housing in the mass segment. When it comes to renting more expensive lots, employers and owners still prefer to use the services of real estate agencies.

How to choose a real estate agency?

When choosing a real estate agency, it is recommended to pay attention to several points:

1. Reputation. There is no point in reading reviews on a website or in an agency group: usually only positive ones are published there, negative ones are deleted. Custom responses may also be published. It is better to ask friends who have contacted a real estate agency and successfully concluded transactions. Another option is to publish an appeal asking for recommendations for a good agency in the community of your city (for example, Vkontakte). There will be advertising in the comments, but there is a chance that people will recommend a really excellent realtor.
2. Registration in the Unified State Register of Legal Entities. If the agency operates unofficially, you should not contact it. You can request information from the Unified State Register of Legal Entities here.
3. Availability of enforcement proceedings in the FSSP. You can view it here. If the agency appears to the bailiffs as a debtor, the matter is unclean, and it is better to refuse cooperation.
4. Providing legal services. They end up in all serious companies.

Advice: some agencies do not value their reputation, and even having a lawyer in the company does not protect you from buying a problem apartment. For example, this happened to me when the realtor himself told the seller that there is no need to inform the buyer about the construction of a house for capital and unallocated shares, so as not to scare him away. It is beneficial for the agency to reach a deal faster; it is an interested party, and it is better for the buyer to contact an independent lawyer for legal support.