Notification of the sale of a share in the right of common shared ownership: sample
Often people who own a share of an apartment decide to sell it to third parties. A person intending to sell such a property share is obliged, in accordance with the requirements of the law, to send each of the co-owners a notice of the appropriate content: it indicates that the share in the apartment will be sold, at what price and other essential conditions for the sale.
If the other participants in shared ownership refuse to purchase part of the apartment or actually do not acquire property within a month, the property can be sold to any third party.
The Civil Code of the Russian Federation (Article 250) stipulates the existence of a pre-emptive right to acquire real estate, which implies the need to send a written notice of the sale of a property share, while such a document must contain all the essential conditions of the planned transaction.
At the same time, the specific process of transmitting such a notice of intent to sell a share of housing, the method of delivery, a description of the actions of the parties (other shareholders and the seller) are not established by law.
Such a moment leads to the emergence of practical difficulties in the transaction, complicates the procedure for the sale of the share and the subsequent opportunity to challenge the completed transaction.
The notice of the sale of a real estate share is one of the legally important documents, because the specialists of the body responsible for registration, without its presence, refuse to register the transfer of ownership of the property share to the buyer.
In addition, the absence of such a document provides other shareholders with the opportunity to claim through the court for three months, transferring the rights and obligations of the buyer of part of the housing to them.
What are the ways to give other co-owners a notice of the sale of a share of housing?
The first way is to deliver a message about the sale of real estate to other owners of shares on purpose. The latter must sign the notification and the date they were familiarized with the document.
The second way is to send a letter about the sale of the property share in person, by mail (a notification of delivery is used, but it is better to send the document in a valuable letter, with a list of attached documents, and with notification of receipt of the letter by the addressee).
In this case, you can save your own finances without turning to a notary for help, since it often happens that far from one notification needs to be sent.
It happens that other shareholders deliberately avoid receiving a letter by hiding from the seller or avoiding meeting with him.
However, if the notice of the sale of part of the housing, nevertheless, was not sent by mail to the addressee, for example, due to the expiration of the storage period, one should not give up.
The provisions of Article 165.1 of the Civil Code of the Russian Federation state that a notice may be considered delivered even if it was sent to the addressee, however, it was not delivered to the latter, due to circumstances beyond his control.
The third method is most often used in practice - the notification is sent with the help of a notary. The notary prepares a letter with a notification of its delivery to the other shareholders with a pre-emptive right, and sends it to their addresses of residence.
The transmitted document contains a notification of the intention of a particular seller to sell a share of real estate, with the signature of the owner of this share.
Then the shareholder is invited to notify the notary of his desire to acquire the specified share or to refuse it.
As soon as exactly one month has elapsed from the date on which the addressee received such a letter, the notary may issue to the seller, at the request of the latter, a document serving as documentary evidence of the transmission of the notice and the observance of the priority right.
When the fact of delivery was absent, for example, due to the expiration of the storage period for the letter, the notary has the right to issue documentary evidence of the non-delivery of the document, which indicates that the seller has taken all the actions in his power to transfer to a particular shareholder a notice of the intention to sell the property part .
The text part of the notification should include the following information:
- the exact size of the property share owned by the owner;
- intention to sell part of the property;
- the address of the apartment;
- a certain value of the share (the price should be indicated both in numerical value and in words);
- a notice that the shareholder has a pre-emptive right to acquire;
- request for the acquisition of the specified property share and sending a corresponding notification within a month;
- designation of the consequences of refusal to purchase - the share of real estate will be sold to third parties.
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Shcherbakov Vladimirov Viktorovich
Krasnodar, st. Raduzhnaya, house 19, apt. 9.
NOTIFICATION
I hereby notify you that I, Komarov Maxim Vladimirovich, residing at the address: Krasnodar, st. Privokzalnaya, house 15, apt. 17, passport series 45 93 No. 488475, issued by the Kirov Department of Internal Affairs of Krasnodar on August 14, 2001, subdivision code: 487-937 I sell my share in the amount of 1/2, in the right of common ownership of a four-room apartment located at : Krasnodar, st. Gagarin, house 45, apt. 44, for 4,560,000 (four million five hundred and sixty) thousand rubles, cadastral number 474:9438874:8847:85.
The alienated share belongs to me on the basis of the Gift Agreement No. 84 dated February 14, 2010, which is confirmed by the Certificate of State Registration of Rights, form AM, issued on February 14, 2010 by the Office of the Federal Service for State Registration, Cadastre and Cartography in Krasnodar, which was recorded in the Unified State Register of Rights to Real Estate and Transactions with it on February 14, 2010, registration No. 84744.
______________ (M.V. Komarov)
Notice of sale of a share in an apartment: form
_______________________________
G. ________, st.
House __, apt.____.
NOTIFICATION
ABOUT THE INTENTION TO SELL A SHARE IN THE RIGHT OF COMMON PROPERTY
I hereby notify you that I, ______________________, residing at the address: _________________, street ____________, house ___, apt. ____, passport series _____________________, issued on ______________________________________ "__" _______ 20__, subdivision code _______________ I sell my share in the amount of ____, in the right of common ownership of _________ room apartment located at the address: ____________, st. ________________, house ___, sq. ____, for ____________ (______________________), cadastral number _________________.
The alienated share belongs to me on the basis of __________________________________, which is confirmed by the Certificate of State Registration of Rights, form __________________________, issued on "___" _______ 20__. The Office of the Federal Service for State Registration, Cadastre and Cartography for the city of _______________, about which in the Unified State Register of Rights to Real Estate and Transactions with it "___" ______ 20___, registration No. _________________________ was made.
I suggest you take advantage of the preemptive right to purchase in accordance with Art. 250 of the Civil Code of the Russian Federation. I inform you in advance that I will not agree to reduce the price, provide a deferral or installment payment.
"___" ________ 20__
______________ (_____________)
Notification of the sale of a share of a house and land
_______________________________
_______________________________
_______________________________
from ____________________________
(Full name of the seller)
resident: _________________
_______________________________
NOTIFICATION
I, _______________________________________, inform you that I am selling the part of a residential building located at ______________________, which belongs to me on the right of ownership (Certificate of Ownership N ___________, issued by ____________________________), including ____________ room(s) with an area of ___________ sq. m, with the provision of the right to use __________________, as well as a land plot cadastral number ____________________, area ______________ for _______ (________________________) rubles. (Suma in cuirsive)
