Transactions with real estate: whether to certify the contract?
That it is more preferable at paperwork at sale or acquisition of the apartment: traditional notarial assurance (the notarial contract) or it is possible to manage a simple written form?
The habitual answer - all transactions of a purchase and sale should be made out and assured with participation of the notary. But recently property sale quite often happens by means of a simple written form (or PPF).
It is possible to explain it simply: the legislation allows to do without services of the notary, sale can be made by signing of the contract between the seller and the buyer.
After registration of transition of the rights the owner receives the certificate on its right for the bought housing. From the legal point of view, notarially issued contract and the contract in the simple written form (SWF) have equal force. However both that, and at other type of contracts has pluses and minuses. Proceeding from features of the concrete transaction, it is possible to choose more successful.
It is no secret that the sphere of real estate attracts a great number of swindlers, and even terry criminals. Therefore to deal with various nuances of transactions with real estate - praise-worthy aspiration of each inhabitant at which, except square meters, other riches and is not available.
Undoubted appeal of the simple written contract - lack of additional expenses on notarial services (these are about 1,5-2% of the sum specified in the contract). Money is considerable, considering real estate cost. Quite often the people who are well knowing and trusting each other choose version of the conclusion of the transaction in the form of the written contract. Of course, for preparation of the text of PPF consultations of the expert, but here expenses much less too are necessary.
Quite often citizens specify the smaller cost of real estate in the notarial contract. In this case PPF with the actual price of the sold apartment specified in it protects the rights of the buyer or seller it is more reliable, than the notarized contract with the underestimated cost. And the fact that the contract at the notary is “more reliable“ it is more a question of human psychology, but not the law.
However if you have doubts in conscientiousness and reliability of your partner in the conceived transaction, then it is more reasonable to use services of the notary.
A debt of the notary - to testify that the parties, signing the contract, did it voluntarily and were in an adequate psychological state. Because, making out sale in the PPF simple written form, especially without witnesses, not law-abiding and unfair partner in the contract has every chance to challenge clauses of the contract in court, having declared that pressure was put upon it, or it was in a deranged state.