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Staging tips for selling your home


Home Staging Tips & Checklist

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Their agent won’t have to say, “Picture this.” Buyers will see your home at its best.

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Staging your house can make you money. Twenty-three percent of sellers’ agents reported that a well-staged environment increases the dollar value buyers are willing to offer, according to the National Association of REALTORS® "2021 Profile of Home Staging."

Impact of House Staging on Price and Time on Market

Staging a house – where you decorate your house to entice buyers to bite – helps sell homes from three to 30 times faster than unstaged houses, according to a 2022 survey by the International Association of Home Staging Professionals. The same survey found staged homes sold for up to 20% more than the competition.

This article is packed with DIY tips for staging your home. But if you hire a professional home stager to help buyers fall in love with your house, the money is usually well spent. Spending around 1% of a home’s sale price to hire a pro to stage it resulted in a 7% return on investment, according to a 2021 survey by the Real Estate Staging Association. Professionally staged homes sold for an average of $40,000 over list price in 2021, RESA says.

Professional staging costs vary depending on the region. Home sellers pay from $650 to $2,700 in home staging costs, according to HomeAdvisor. The size of your home and the scope of the project affect the cost, too. If your house is in good shape and your furniture fashionable, you may just need to pay a pro to rearrange the layout and declutter. If the house is empty or your furniture is stuck in 1982, a professional stager will recommend you rent furniture.

The cost of staging a home for two or three months usually costs about 0.75% of a home's list price, according to Bankrate. With the median U.S. home price around $375,000, expect to pay $2,800 for professional staging.

Even in a seller’s market staging can help your home sell faster and for top dollar.

Just take this real world tale of two condo listings from Terrylynn Fisher, a REALTOR® with Dudum Real Estate Group in Walnut Creek, Calif., who also stages. Both units were in the same complex. One hadn't been staged or updated since it was built; the other was staged and had been slightly refreshed (a little paint here and there and one redone bath). Otherwise, both units were the same size and layout. The staged condo sold for about $30,000 more than the unstaged unit, she says. “People couldn't believe it was the same model."

Before your eyes turn into dollar signs, keep in mind staging isn't guaranteed to get you more money. But it's an important marketing tool to help you compete at the right price, which means you can sell faster.

Related: Why Spending Money on Fancy Bath Salts Can Help Sell Your House

Helping buyers fall in love with your property takes more than running the vacuum and fluffing the pillows: It's all about decluttering, repairing, updating, and depersonalizing, say real estate agents and stagers.

Home Staging Tips for Every Room

With help from Fisher and other sources, we've compiled the ultimate home staging checklist.

Jump to a specific room or area of the house:

Living Room | Kitchen | Bedrooms | Dining Room | Bathroom | Walls, Windows & More | Throughout the House | Exterior | For Pet Owners | Day of Showing

Living Room

Embrace symmetry when staging your living room. Coordinated sets, like these pillows, are pleasing to a buyer's eye. Image: Fluff Designs

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Kitchen

Image: Wendy F Johnson, Certified Master Kitchen and Bath Designer

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Bedrooms

Image: Fluff Designs

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Dining Room

Help buyers imagine hosting a dinner party in their new dining room by setting out attractive place settings. Image: East Coast Creative

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Bathroom

Image: Stirling Home Studio

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Walls, Windows, and More

Image: Laura Schuchart of The Soulful House

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Throughout the House

Image: Liz Foreman for HouseLogic

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Exterior

Image: Liz Foreman for HouseLogic

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For Pet Owners

Image: Ellen Mertens

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Day of Showing

Image: Oliveshadow/Shutterstock

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More in Buy & Sell

Staging a house: 15 home staging tips from real estate experts

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(Image credit: Future / Richard Powers)

Staging a house prior to selling it is one of the best investments you can make to ensure it gets a quick offer and achieves the highest sale value. Research has shown that a staged homes sells three times faster than a non-staged home – and 70% of real estate agents stated that home staging increased the offer value on a house by up to 10%.

Homes & Gardens caught up with experts in the field, Anne Carr of Los Angeles-based Anne Carr Design and Alex Willcocks, managing director of London-based Burbeck Interiors, to discuss the features home buyers want, the benefits of home staging – and how to do it.

Staging a house – top 15 home staging tips

'Staging is really important for two reasons,' says Anne Carr. 'Most people cannot see beyond what is in front of them. They get caught up in past perceptions, so you need to show them what is possible. 

'Sometimes rooms are awkward and you need to show people how a space can be best utilized. The second reason is that the person may not be very good with space planning. Rooms tend to feel a lot smaller without furniture, so how we place furniture gives buyers a sample of what is possible.'

No matter your budget these golden home staging tips are sure to have an impact.

1. Declutter your home

(Image credit: Farrow & Ball)

Decluttering is the first job you should tackle when home staging. Clutter is distracting for buyers – their eyes will be drawn to your belongings and not the rooms. The rooms themselves will look smaller and untidy if cluttered, too.

'Nearly all of us have too much ‘stuff’, which has been accumulated over years if not decades. Decluttering each room is an excellent investment of your time,' continues Alex Willcocks. 'It's important potential buyers can envisage themselves living in the property, for that to happen it has to feel like you don’t.

'Try to free up as much surface space as you can on shelves, coffee tables and especially in the kitchen. Wicker or rope baskets are excellent for throwing items in that you need but don’t necessarily want to see. Storage units and containers are another great option should you require more space.'

2. Invest in storage – but don't overload it

(Image credit: Jan Baldwin / Future)

Now you've decluttered you can clearly see where there might be a need for extra storage to make rooms feel really neat and organized. Ideally, you should ensure your storage units, hidden behind doors or otherwise (remembering that buyers will open cupboard doors), shouldn't be overloaded. 

When staging a house, you want buyers to think your home can cope with their belongings because your storage is ample, not under pressure.

3. Clean, clean, clean

A clean home will feel well-cared for, which is important for most buyers – even renovators don't want to buy somewhere that gives the impression of being neglected. Plus, a clean, aired home will feel fresh and welcoming – this will help buyers envisage themselves living in your home.  

'If you do nothing else, make sure your home is clean, clutter and odor-free (you may be used to your pets’ pong but buyers won’t be!), and that there are no "yet to be finished" DIY jobs as they’ll give the impression that your house will need a lot of maintenance,' advises Alex Willcocks.

4. Tackle home staging must-do DIY jobs

(Image credit: Anna Stathaki / Future)

Just as a property needs to be clean to feel well maintained, a home also needs obvious maintenance tasks ticked off in order to secure an offer fast. So, make a list as you assess what needs doing to stage your house: fix that dripping faucet, mend the guttering, fill holes and cracks in walls, repair that door... anything that looks broken or doesn't work can put buyers off.

5. Refresh rooms with light reflecting colors

(Image credit: James Merrell / Future)

It's well worth reconsidering, for example, living room color schemes.

'A fresh coat of paint makes a huge amount of difference. It brightens a room, it can make it look bigger and, it gives an overall appearance of a well-kept home,' advises Anne Carr of Los Angeles-based Anne Carr Design. 

And while you may love bright or dark colors or bold wallpapers, it's often best to stick to what's safe to secure a sale when staging a house. That needn't mean white, neutrals, naturals and pastels can all create a space-enhancing feel buyers will love.

6. Renovate your kitchen and bathroom

Interior design / Tom Howley

(Image credit: Paul Raeside)

Staging a kitchen may be more than just decluttering and cleaning – if yours is holding back your chances of getting an offer, you may need to consider a remodel, the cost of which, done wisely, can be recouped when you sell. 

'A new kitchen has the most impact on a new buyer. It demonstrates to buyers that the house has been updated. You always recoup your investment from upgrading kitchens and baths,' continues Anne Carr.

This may not mean remodelling – painting kitchen cabinets can make a world of difference.

'Bathrooms and landscaping are important, too,' advises Anne Carr. 'Redoing floors is worth it if you are staying in the home, but not needed for a sale. Built-in cabinetry is another one.'

7. Rework room layouts

(Image credit: Curated Nest/Kyle J Caldwell)

Staging a house might involve reworking rooms' layouts. This is particularly important when staging a living room – especially if it is an open-plan room that doubles up as a kitchen diner, in which case you may need to investigate new living room layout ideas.

'I arrange the room to look its best – not for practicality's sake,' says Anne Carr. 'For example, sometimes a table may be too close to a cabinet for proper opening and closing, and that's because we are just after a balanced look, instead of necessarily trying to be practical. 

'The same goes for television placement. Some brokers get hung up on whether the TV placement is viewable from different furnishings. I say it doesn't matter for selling purposes, because no one is watching TV while viewing the home!'

8.

Remember accessories when staging a house

(Image credit: Future / Jonathan Gooch)

Staging a house isn't just about adding new pieces to your home – you may also need to get rid of some well-loved furnishings, too.

'Get rid of all stained rugs and furniture. It gives an overall bad feeling to prospective buyers. It makes a home look beaten up. If you can’t replace it, you can buy inexpensive sisal rugs and place them on top of the existing rug, advises Anne Carr. 

'It is not as pricey as people believe to reupholster furniture and it can make a huge difference. If you like the shape of a piece, reupholstering can really revive it. You just have to choose a moderately priced fabric. 

'New, fresh looking furniture will elevate the entire room. If you cannot redo the kitchen, and your kitchen is dated, painting the cabinet fronts can give a kitchen a huge facelift without a big investment.

'Colorful throw pillows that work together also give a home a look of well-balanced look as well as matching throw blankets.  

'Accessories make a big difference, too. Consider placing a coffee table book with a candle or an interesting decorative piece.'

'Making small changes to a room can often have a big impact on its ambiance. I would recommend always replacing bed linen and towels with new crisp white replacements,' advises Alex Willcocks. 'The same rule applies to bath and hand towels. Scented oil diffusers and candles are always a good idea to create a warm welcoming environment.'

9. Stage a house for comfort

(Image credit: Alicia Taylor)

'Comfort is much more important because people are staying in their homes for long periods of time,' says Anne Carr. 'We are getting requests for large comfortable sectionals for long Netflix watching with the entire family. 

'Unlike the early 2000s where everyone wanted open concept living, clients are realizing that they need privacy and quiet to work or go to online learning. Many clients are changing room formats so that every family member has an office.

'I think buyers like to see up-to-date furnishings that don't look too cold. There was a trend a while back for everything to be white, but it also has to make people feel like their lifestyle could fit in with this on a daily basis, so it's important not to give any space an impersonal, hotel look. '

10. Add pops of color for personality

(Image credit: Farrow & Ball)

'People do like to see a pop of color in pillows or in an occasional chair,' continues Anne Carr. 'When home staging, we also like to add an element of surprise through art with color. The psychology of color says that the majority of people gravitate towards things that are blue. In more modern homes, we will use a neutral palette with more black than we would in a farmhouse style of architecture.

'In Southern California the look doesn't really change that much in different seasons, however we do tend to use more subdued colors in fall and winter. We may add a chunky throw and more organic materials to add texture to the design. Summertime is always a happy time, so we try to throw in some bright colors in our design, especially in the outdoors.

11. Make a good first impression by staging your front yard

(Image credit: Dan Duchars)

'This timeless expression is applicable to selling your home,' says Alex Willcocks, managing director of London-based Burbeck Interiors. 'A buyer's decision making process doesn’t start once they are in the property, it started 100 meters before that. As such any remedial work or improvement that can be made to the entrance of the property will pay dividends.

'This can be as simple as weeding the path leading to the front door to a new coat of paint on the door itself or investing in some lovely front yard flower bed ideas. Try and clean any windows you can, especially the one at the front of the property. As summer continues new flowers or a hanging basket can give a positive impression, their aroma can also create a good first impression.'

12.

Use real plants in home staging

(Image credit: Mark Bolton)

Using house plants in staging a house can be effective.

'We like to use real plants if it's possible for us to maintain them on a weekly basis,' says Anne Carr. 'Again, it feels less like a hotel to buyers and more like a place they can see themselves living. We rarely use faux flowers, unless they are really high quality and difficult to decipher from the real ones.'

13. Don't forget to stage the back yard

(Image credit: Emme Lee)

'If you are lucky enough to have any outside space, you really need to maximize this as much as possible,' continues Alex Willcocks. 'It doesn’t matter if it's 6ft by 6ft or 300ft long, you need to get this to do the selling. 

'Just like with the front of the property, assess what needs to be done to make it as presentable as you can. Treat it as an extra room and home stage it accordingly. Start by measuring your outdoor area and deciding what type of furniture will best suit your needs and lifestyle – a bistro two-seater table and chairs is perfect for romantic al fresco dining on a city balcony, whereas a large sofa set is a good choice for a sociable family household – all these backyard ideas will help. '

14. What not to use in home staging

'I try not to use metallic accents. I feel it is a dated look and can cheapen a room,' concludes Anne Carr.

'I would always advise homeowners to go out when buyers are due to visit – let your realtor show them the property,' says Homes & Gardens Editor in Chief. 'In my own experience, they will feel more relaxed, be more likely to spend more time looking around, imagining themselves living there, and the house will feel less like yours, and more like – potentially – theirs. For this reason, too, de-personalizing is a must. Family portraits should be put away for now and those on the wall replaced with more neutral art.'

15. Stage a house to suit its age and style

Staging an older home is the same as staging a modern one except that any home will look best if the interior complements the home's age, architecture and style. Having a cohesive look that runs throughout an entire home can make it look bigger, too.

Why use home staging to sell a house?

Staging a house is one of the easiest and best ways to add value. Home staging incorporates a vast array of different services, from basic decluttering to a complete interior makeover. These, you can tackle yourself, perhaps with the advice of your realtor, although professional home stagers will make the process smoother, quicker and, potentially, more successful. 

Prices for home staging can vary depending on the scope of the work that needs to be undertaken, however there is a lot you can do to increase the marketability of your property – and this is what we're looking into here.

Who pays for the staging of a house?

Homeowners pay for the staging of a house since it is in their interest to gain a quicker offer, sale and, hopefully, a higher price. 

How do I stage my home myself?

To stage your home yourself, follow these simple steps:

Thanks to Burbeck Interiors and Anne Carr Design

Jennifer is the Digital Editor at Homes & Gardens. Having worked in the interiors industry for a number of years, spanning many publications, she now hones her digital prowess on the 'best interiors website' in the world. Multi-skilled, Jennifer has worked in PR and marketing, and the occasional dabble in the social media, commercial and e-commerce space. Over the years, she has written about every area of the home, from compiling design houses from some of the best interior designers in the world to sourcing celebrity homes, reviewing appliances and even the odd news story or two.

documents, repairs, photographs, announcement, expert advice

The last six months have been a very good time for apartment sellers: prices have risen, buyers have taken apart almost everything. But this does not mean that even in such times you are guaranteed to sell your home at the best price. And most importantly, such a situation on the market will definitely not last forever. How to increase your chances of finding buyers faster and at the same time not to sell too cheap? Here, according to experts, is the minimum of actions that need to be taken when preparing an apartment for sale, if, moreover, you are not ready for extra costs.

Step 1. Putting the house in order

A good repair, of course, increases the price of the apartment. But experts do not recommend doing it immediately before the sale in housing, which clearly does not belong to the elite or business class. Serious investments, most likely, will not pay off.

— The apartment should look decent, and the new owner will make repairs to your liking. But it’s worth doing a little cosmetic - to eliminate obvious jambs, - advises Head of the Department of Mortgage Housing Lending and Financial Instruments of the Real Estate Market of the Financial University Alexander Tsyganov .

Weeds are cracks and stains on the walls and ceiling, smudges after leaks, etc. You also need to put the plumbing and electrics in order. There should be no leaking faucets, rusty stains in the sink and wires hanging from somewhere. Everything that cannot be replaced, you just need to clean it off - this is the cheapest way to add attractiveness to an apartment.

And most importantly, throw out all the rubbish accumulated on the balcony and in the corners and take the old furniture somewhere. You can leave only what looks aesthetically pleasing and does not visually clutter up the apartment. This is especially true for singles.

To prevent the apartment from looking completely empty and uninhabited, you can use a little trick. Buy a couple of new chairs and some beautiful and cozy accessories like throws (cover the old sofa with them). Then you take everything to the dacha.

Step 2. Looking for documents

“Looking for” is no joke. According to realtors, half of the owners do not remember where they have the documents related to the apartment. Excavations in papers should be taken care of in advance. You must have on hand:

- It is also worth preparing a technical data sheet in advance. This document allows you to understand whether the apartment was redevelopment, legalized or not, says lawyer Svetlana Petropolskaya . - Buyers are also usually very important information about the persons registered in the premises (an extract from the house book shows whether there are citizens who can retain the right to reside even when changing the owner of the home) and a certificate of the absence of debts for utility bills.

Depending on the situation, you may also need:

Step 3. Compiling a "selling" ad

- It's better to start with the main one - location: nearest metro, street, house address, - Alexander Kozlov instructs.

It is highly desirable to indicate:

Experts advise avoiding clericalism, but also not overdoing it with epithets like “beautiful”, “magnificent”, “you have been dreaming about such an apartment all your life” - this is unlikely to really attract anyone.

- Do not write "apartment in good condition", because the concept of "good" is different for everyone. Write as specifically as possible: plastic windows, parquet on the floor, stretch ceiling, updated wiring, repairs were done in such and such a year, recommends independent financial consultant Alexander Pateshman . - In addition to the standard information, be sure to indicate the advantages of the apartment. For example, there are two schools within walking distance. The windows face the sunny side, so the flowers feel good in the room. Free parking, clean entrance. The documents are ready, no one is registered in the apartment.

The announcement must not be too verbose.

- Some sellers try to list all the brands used in the renovation and decoration of the apartment. Such opuses take up a lot of space, but nothing but a smile causes buyers, - says President of the St. Petersburg Chamber of Real Estate Dmitry Shchegelsky.

Step 4: Getting Ready for the Viewings

The most important step in this preparation is a good cleaning. Cleanliness and tidiness is almost always an emotional 2:0 in your favor. If there is no time for cleaning at all or the apartment is large and neglected, it is better to call a cleaning company - the costs will pay off.

The windows also need to be washed. And before accepting potential buyers, the dwelling should be well ventilated. It should not contain unpleasant odors such as the smell of drugs. But the smells of freshly brewed coffee, pastries, jam, according to realtors, really often help to sell an apartment faster and more profitably. And there is nothing mystical in this - many decisions about buying a home are made purely emotionally (I felt good here - I want to live here).

Don't forget to clean up the stairwell too. Check if the light bulbs work, if the floor is washed. It is worth going at least temporarily to eliminate these shortcomings on your own: screw in a light bulb, sweep the platform in front of the door. Yes, this is not your territory, but it is it that can emotionally work against you - a dark and dirty entrance is unlikely to seem attractive to anyone.

Step 5. Taking the right photos

This is one of the most important steps, it largely depends on how many people will come to see your apartment. You understand, most people trust the picture more than the description. And emotionally, it affects them more strongly.

- The very first rule is that photographs should not contain people, animals or personal items. These photos are not for your personal album, which means they should be as informative as possible for the buyer. And besides, they were made in good lighting and on equipment with good resolution, - suggests commercial director of the concern "RUSICH" Alexander Kozlov .

Every room should be photographed, not forgetting the kitchen, bathroom, balcony or loggia. The general plan of the house will not be superfluous.

It's not by chance that the experts talk very insistently about good illumination - it is desirable to shoot in the daytime. This is not only for the convenience of potential buyers. Light rooms look more spacious. On modern smartphones, you can control the light sensitivity, which will help make photos more attractive.

But experts categorically do not recommend using Photoshop and retouching pictures - a discrepancy will pop up during viewing and can cause irritation.

These factors reduce the cost of housing and will be a reason for bargaining

- Most likely, in these cases, the buyer will ask for a discount, - Alexander Pateshman warns. - Therefore, prepare in advance the arguments why you do not want to do this. For example, in this area, your price is the lowest (but it must be true) or there are several excellent schools nearby (if buyers are with children) and an excellent clinic with wonderful specialists. If you were persuaded to a discount, ask for some kind of bonus: for example, that you will vacate the apartment no earlier than in a couple of months.

what Rosreestr did not tell about

September 23, 2021

News

Rosreestr explained how to draw up a transaction for the sale of an apartment. Lawyers supplemented the basic rules with useful tips

Rosreestr told what documents to collect and what information to check when selling and buying an apartment. Lawyers, at the request of AG, supplemented the agency's explanations and gave advice to sellers and buyers of real estate.

(You can also find useful tips in the article "Risks of the seller and the buyer of real estate". )

Rosreestr: what to do if you are a seller

The service "Life Situations" is available on the Rosreestr website. The Office advises to use it when preparing a package of documents. The service will tell you what documents are needed in your situation, and indicate the procedure.

Be sure to check the buyer

Lawyer of ICA "Timofeev, Vahrenwald and Partners" Maria Milyukova:

The seller needs to establish the identity and financial status of the buyer. This simple procedure can save time and effort in case the buyer turns out to be “problematic”.

If the buyer is a citizen of the Russian Federation, we recommend checking whether his passport is valid using the service of the Ministry of Internal Affairs of Russia.

If the buyer is a legal entity and the sale and purchase agreement provides for payment by installments, you need to carefully check the documents, in particular the charter of the legal entity, and obtain an extract from the Unified State Register of Legal Entities. The extract should be alerted by information about the presence of false information about the founders of the buying company or about its legal address. The tax inspectorate may begin the procedure for deleting a legal entity from the register six months after entering information about unreliability. If the three-month deadline for filing objections is missed, if such a procedure is initiated, it will be extremely problematic to restore the buyer in the register and receive payment (Article 21.1 of the Law of August 8, 2001 No. 129-FZ).

The charter of a legal entity may provide for the need to obtain the consent of the founders to make transactions for the acquisition of real estate or transactions exceeding a certain amount. Based on the company's financial statements, it can be established whether such a transaction is not a major one (it is if the value of the apartment exceeds 25% of the book value of the company's assets). If these criteria are met, it is extremely important to obtain the written consent of the founders to complete the transaction in the form of a certified copy of the minutes of the general meeting of participants or shareholders. Otherwise, the transaction may be challenged (see, for example, paragraph 4 of article 46 of the Law of February 8, 1998, No. 14-FZ), and the seller will have to return the money received to the buyer and re-register the apartment.

It is also advisable to make sure through the EFRS website that a bankruptcy case has not been initiated against the buyer - an individual or legal entity. If this did happen, he most likely will not be able to buy an apartment from you without the consent of the arbitration manager. And the database of bailiffs will make it possible to establish whether enforcement proceedings have been initiated, which may become the basis for the arrest of the buyer's bank accounts and significantly complicate the settlement of the transaction.

Take seriously the choice of the settlement method for the transaction

Lawyer of the Moscow Chamber of Advocates Irina Yazeva:

I would like to draw the attention of real estate sellers to the situation when the funds under the contract for the sale of an apartment are transferred after the registration of the transfer of ownership of the property and when the purchase is paid not through a letter of credit or using a safe deposit box, but by transferring cash or transferring funds from the buyer's account to the account seller. In this case, the seller does not have any guarantees that the buyer will transfer the funds within the time period established by the sales contract. If, however, a letter of credit or a safe deposit box is used for settlements under the transaction, then the seller, even before submitting documents to the authorized body for registration, is sure that the required amount is waiting for him in the bank and he will be able to receive money without any problems when providing an agreement with a mark on registration of the transfer of ownership.

In the case of selling real estate with payment in cash or by bank transfer of funds after registration of the transfer of ownership, I would recommend using paragraph 5 of Art. 488 of the Civil Code of the Russian Federation and prescribe in the contract of sale the condition that until the moment of full payment, the real estate will be pledged to the seller. It is better to spend a day withdrawing the deposit after payment than to be left without money and real estate. It may be that the buyer will not give you the money, and he will not have property, except for the apartment purchased from you. Then you won't be able to get money from him. In this case, you can demand termination of the sale and purchase agreement through the courts, but you may have to go to the Supreme Court, protecting your rights, and spend a decent amount of money on a lawyer (for example, as in the situation described in the Ruling of the Supreme Court of the Russian Federation of May 15, 2018 No. No. 4-KG18-27). At the same time, no one will give a guarantee that the court will not refuse to return the apartment to you. The situation with the pledge is different: if you do not receive the money under the sale and purchase agreement, you can initiate the process of foreclosing the pledged property. This will make it much easier to protect your rights.

Remember about taxes

Lawyer of ICA "SEDLEX" Lyudmila Utyuzhanina:

I would advise buyers to think about tax issues. From Art. Not everyone is familiar with Article 217.1 of the Tax Code, and therefore many do not know about the features of exemption from taxation of income from the sale of real estate, taking into account the duration of its ownership. You will not have to pay the tax if you have sold a property that you have owned for at least 5 years, and in some cases for at least 3 years. Now many people wait 5 years to avoid tax, although this is not always necessary. So, if the apartment was donated, inherited, privatized, or is the only housing on the date of sale, then a three-year tenure will be enough to avoid paying tax (read about it in the material "Sold property or received it as a gift - do not forget to pay tax") .

Let me tell you about another instructive case from practice: a realtor accompanied the sale and purchase transaction, and it was notarized. But no one explained to the seller that he is not a tax resident of the Russian Federation, since he lives in Cyprus for more than 6 months a year. As a result, it came as a surprise to the seller that he had to pay a tax on income from the sale of real estate in the amount of 30%. The seller has lost 1/3 of the value of the apartment. Moreover, he could have avoided this by simply entering Russia earlier.

Rosreestr: what to do if you are a buyer

Be sure to check the seller

Lawyer of ICA "Timofeev, Vahrenwald and Partners" Maria Milyukova:

The procedure for buying an apartment depends on who it is purchased from - from the developer or in the secondary market. The procedures for checking the seller in the first and second cases differ significantly.

If the apartment is not being purchased from a developer, it is important to establish the identity and financial position of the seller, not limited to verifying the legal status of the apartment and the seller's ownership of it. If the seller is a citizen of the Russian Federation, we recommend that you make sure that his passport is valid using the service of the Ministry of Internal Affairs of Russia. But it should be understood that even such a check does not give a 100% guarantee of the reliability of the counterparty. So, in our practice, we are faced with the need to recognize in court as non-concluded agreements on the pledge of an apartment. The transactions were made on behalf of the principal on a stolen passport, in which someone else's photograph was pasted. All disputed transactions were certified by a notary, the MFC and Rosreestr without any problems, and the citizen-"seller" himself found out about them only after receiving a claim for the return of the debt.

You can check the seller - a legal entity in the same way as the buyer (see above).

It is also extremely important to make sure that a bankruptcy case has not been initiated against the seller - an individual or legal entity (information is available on the EFRS website) and there is no information about the intention of the person to file a bankruptcy petition for the seller. The Arbitration File should be checked for bankruptcy filings or major claims against the seller that could lead to such a case. Before the transaction, we also search the records of district courts at all addresses where the seller has ever been registered 1 , for satisfied or pending claims that may affect his ability to pay. The base of bailiffs will allow you to establish whether enforcement proceedings have been initiated, which may become the basis for the arrest of the seller’s bank accounts and further lead to bankruptcy. Why such a thorough check? If the price of the apartment is found to be significantly lower than the market price, then in the event of the seller's bankruptcy, the transaction can be challenged, and the apartment will go into the bankruptcy estate of the debtor. It will be problematic to return the money for it: the buyer will be included in the register of creditors' claims, and it is unlikely that he will receive the entire amount paid for the apartment.

We also recommend that you find out if the apartment is encumbered with the rights of third parties (rent, pledge, rent, etc.), and whether it is the subject of legal proceedings. It should be understood that encumbrances will not necessarily be reflected in the extract from the USRN. Some encumbrances, for example, the right of third parties to live in an apartment for life, can appear only in the text of documents - the grounds for the transfer of rights to an apartment (purchase and sale agreement, donation agreement, etc.).

If an apartment is purchased from a developer, it is necessary not only to verify its legal status, but also to analyze the license, project documentation for the object, the deadlines for putting the house into operation, check whether there are lawsuits against the developer on consumer protection in the databases of court cases (a large number of such claims may indicate about the unfair attitude of the developer to the terms of the transfer of apartments to the ownership of equity holders).

(Useful tips for participants in shared construction can be found in a selection of articles on topic "Protection of the rights of shareholders" .)

Check former tenants and take your time buying inheritance property

Lawyer of ICA "SEDLEX" Lyudmila Utyuzhanina:

The clarifications of the Rosreestr indicate that it is necessary to check the chain of the previous owners of the apartment, but does not say what should cause concern. If among the owners or simply previously registered in the apartment there are persons who are registered in a psycho-neurological dispensary, who are in places of deprivation of liberty or who are undergoing military service, then additional guarantees should be obtained that these persons do not claim to live in the apartment. Such cases of judicial practice are known. It is worth talking with the neighbors - perhaps they know about the former tenants of the apartment.

Also, you should be wary of an apartment that was inherited by the last owners if less than 3 years have passed. I would not recommend concluding an agreement, since it is always possible for a new heir to appear who did not know about the death of the testator (for example, relatives did not want to tell him about this or could not, since he lives abroad). The courts often restore the rights of such heirs. In this case, you will have to return the apartment.

Check for tenants who cannot be evicted from the apartment

Lawyer of the Moscow Chamber of Advocates Irina Yazeva:

I would recommend to be more careful when buying previously privatized apartments. It should be checked whether any of the tenants refused to participate in privatization.

By law, such persons retain the right to use the apartment even in the event of a change of ownership. If, under the terms of the sale and purchase agreement, tenants are required to deregister at the place of residence after the transfer of ownership, then unexpected problems may arise: a person who has refused privatization will change his mind about leaving the apartment, and judicial practice in such cases is not in favor of the buyer.

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