Preliminary agreement for the purchase and sale of an apartment for a minor child. An approximate form of an apartment purchase and sale agreement (one of the buyers is a minor). Other conditions <5>

The sale of an apartment in which a part (share) belongs to a minor (a person under 18 years old - clause 1 of Article 21 of the Civil Code of the Russian Federation) is possible; the law does not limit the owners’ rights to dispose of their property. However, transactions of this kind can be legally carried out only with the direct participation of the guardianship and trusteeship authorities (TCA), which are entrusted with the function of supervising the observance of the rights of minor citizens. Next we will look in detail procedure for selling an apartment with a share of a minor child.

In the eyes of the law, children are citizens with limited legal capacity. Parents are the spokesmen for the interests of their children, and only then do POiP come into play when there is a possibility of infringement of the children’s interests. When selling the share of a minor, the number of participants in the transaction increases, since it is necessary not only to obtain permission from the POiP, but also a license from a notary.

When can you sell a minor's share?

The Board of Trustees is authorized to issue permits for transactions for the purchase and sale of apartments in which a share belongs to a minor. Before sending it to the AOiP, you should prepare documents confirming the transfer to the child of a share in the new apartment after the sale of the old apartment. Without obtaining documentary permission, the transaction will be terminated and annulled in court. Moreover, participants may be held accountable for breaking the law.

So, When selling a minor's share, there are two ways:

1. If the sale of the apartment is the final goal, and the family does not plan to buy a new apartment, then the minor should be given a similar share in another household. For example, you can register children as owners of shares in their grandparents’ apartment.
2. When selling an old apartment and buying a new one at the same time, the child receives exactly the same share of ownership at the new address. The law allows the acquisition of a larger share or equal to the previous one, but not a smaller one.

Simply selling an apartment and not providing the minor with other real estate in return is illegal; in this regard, the legislation is inexorable.

Before you finally decide to sell, you should first consult with the OOiP. It is necessary to establish what type of housing will be granted permission to purchase. A typical example: the apartment is sold, and a room is bought for the child. OOiP is against it, since one child cannot live, and a room for two, even with one of the parents, is too small.

If before the sale the children owned 1/2 of the apartment, then in the new apartment 1/2 or even more should be registered in their name. It is impossible to register a smaller share, even if the new apartment is significantly larger than the previous one. In fact, in such a situation, the child, say, instead of the previous 10 sq.m. will receive, for example, 15 sq.m. OOiP will approve such a deal without objection.

How to prepare documents for sale?

On June 2, 2016, Federal Law No. 172 was adopted, according to which transactions for the sale of shares in real estate owned by minors are subject to mandatory certification by a notary. That is why the full list of documents that parents will need to collect to sell an apartment is becoming wider.

To obtain a notarial permit (license), both parents or their representatives must appear at the notary’s office using a pre-executed power of attorney. By the way, this is often done by entrusting the transaction to a qualified lawyer. If this is not possible due to:

• absence of a second parent due to divorce;
• his disagreement with the sale;
• unknown absence of father or mother,

then the second parent needs to go to court to obtain an appropriate decision. If the second parent is not present, you can present to the notary:

1. notarized written consent of the absent parent, and if he is abroad, then written permission certified by the Russian consulate in the host country will do;
2. a court decision to deprive an absent parent of parental rights;
3. a court decision to recognize the second parent as missing (missing);
4. death certificate if the other parent is deceased.

Local municipalities may adjust the list of documents, so it is worth checking the list on site. Typically, to obtain permission from the OOiP, you need to collect:

• Passports of both parents (guardians, legal representatives);
• Birth certificate of the child (passport if he is already 14 years old);
• A preliminary agreement for the purchase of a new apartment, confirming the allocation of a share in it to a minor;
• Statement;
• Marriage certificate (if available, then also about divorce);
• Registration certificate of the old apartment;
• Extract from the Unified State Register for the old apartment;
• Notary license for sale;
• Statements from personal accounts for the old and new apartments;
• Extracts from the house register of the old and new apartments;
• Receipt for payment of state duty.

OOiP will study the documents, compare the previous and new living conditions of minors, and if there are no complaints, issue a permit. The essence of the check is to make sure that the transaction is legal and the property interests of the children are respected.

In the presence of an educational institution inspector, parents fill out an application in which they undertake to respect the rights and interests of their children. The inspector signs this statement. If the child is currently over 14 years old, then you will need to prepare written permission from both parents to sell and purchase a share in the apartment.

When do OO&P fail?

Receiving a refusal is unpleasant; without it, the deal will fall through. Therefore, it is worth immediately familiarizing yourself with the list of situations in which OOiP always refuses applicants:

• A new apartment is purchased in installments, and the old ones are sold in full;
• The transaction is carried out through sale and at the same time donation;
• The object of purchase is a new building (the building has not been put into operation);
• The new housing is smaller than the old one;
• New housing has a smaller set of amenities than old housing (no running water, sewerage, etc.);
• The new infrastructure is significantly worse than the previous one (there is no kindergarten or school).

If the transaction must nevertheless be carried out under such conditions, then parents have no choice but to wait until their children come of age.

If the reason for the refusal is that the parents provided only a preliminary purchase and sale agreement for a new apartment, instead of an already signed main agreement, then this is not legal. The preliminary agreement obliges the parties to complete the transaction on the terms specified in it.

If the refusal is issued for a reason that, in your opinion, is contrary to the law, then it can be challenged in court. In this case, the court will need to provide the same package of documents that was submitted to the OOiP. The defendant in this proceeding is the OOiP, and the plaintiff is the parents of the minor, acting in his interests.

Important: It is not always necessary to wait until your 18th birthday to become eligible to transact real estate in your own name. In some cases, adolescents are recognized as having legal capacity at 16 years of age. For example, when they get married, or get a job with a full social package, and also become individual entrepreneurs. In such cases, OA&P permission for the transaction will not be required.

In some cases, when parents do not intend to buy a new home after selling the old one, OOiP agree to open a personal account in the name of the child, where the amount from the sale of his share in the apartment will be transferred. The account is designed in such a way that only the child himself can receive money from it when he turns 18 years old.

You can prove to the OiP that the child’s living conditions will become better when moving, using the following arguments:

• Improving the environmental situation;
• The new infrastructure is more developed (a school is closer to home, more shops, there are public transport stops, etc.);
• Improving climatic conditions;
• Parents getting better paid jobs.

When, under the influence of these arguments and the submitted documents, the OO&P issues permission, dates for purchase and sale transactions can be set.

How to make a deal?

To issue a permit, the OUiP has exactly 2 weeks from the moment it receives the application and the accompanying package of documents from the parents. The completed permit must indicate the full address of the old apartment, as well as consent to the purchase of a new apartment and indicate its address.

Deregistration at the old address is carried out in the following order: first, parents (guardians) are deregistered, and then only children. Whether a minor is the owner of the share or is only registered in the old apartment, without the special consent of the OOiP, it is impossible to remove him from the registration register. Otherwise, the transaction will not be registered with the Registration Chamber.

After completing these mandatory actions, you can proceed directly to the transaction:

1. The purchase and sale agreement is drawn up and certified by a notary, who also prepares an act of acceptance and transfer of real estate. You should study these documents extremely carefully to avoid errors and inaccuracies.
2. Two applications are submitted to the Registration Chamber: to register the sale of an old apartment and the purchase of a new one. In response, two extracts from the Unified State Register are issued for both properties.
3. Documents are submitted to the Federal Migration Service at the new address for registration of the minor and his parents (guardians).
4. Copies of both agreements must be provided to the OiP in order to notify that the minor has received an equivalent replacement for his previous property.

Agreement

purchase and sale of apartments

G._____________________

"__"____________20__

We, gr._________________, __________year of birth, gender, place of birth -, citizenship:, passport series N, issued___________________________, acting as a legal representative in the interests of our minor son_________________________, _________date of birth, gender, place of birth, citizenship -, birth certificate _______No. ________ issued by _________________________, who is the owner of the alienated property, registered at the address: __________________________________________________________________________, hereinafter referred to as “ Salesman“, on the one hand, and gr. ____________________________________________, ________year of birth, gender –, place of birth, citizenship Russia, residing in ________________________________, passport series ______No. __________, issued by ________________., hereinafter referred to as “ Buyer“, on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller undertakes to transfer ownership, and the Buyer to accept and pay in accordance with the terms of this agreement, the following real estate (hereinafter referred to as the “Apartment”):

— The apartment has a total area of ​​______ (in words) sq. m, consisting of two rooms with a living area of ​​_____ (in words) sq. m, located on the _____ floor of a ______storey (panel/brick/monolithic) building _____ year of construction at the address: __________________________________________, which is confirmed by the technical passport for apartment No. _________issued by PIB____________________________________.

1.2. The apartment belongs to the Seller by right of ownership on the basis of agreement No. ________ for the transfer of the apartment into the ownership of citizens (privatization) dated ________, the transfer of ownership of which was registered on DATE N _____________________________ by the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region. Certificate of state registration of rights SERIES number, conditional number N_______________________.

1.3. The Seller guarantees that before the completion of this agreement, the Apartment specified in clause 1.1 has not been sold to anyone else, has not been mortgaged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.

1.4. The Buyer's ownership of the apartment arises from the moment of state registration of the transfer of ownership of the Apartment in the Federal Service for State Registration, Cadastre and Cartography. All costs for state registration of property rights are borne by the Buyer.

1.5. The Buyer and the Seller's legal representative are not limited in their legal capacity, due to health reasons they can independently exercise and defend their rights and fulfill their obligations, do not suffer from diseases that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, they do not have circumstances forcing them to make this transaction at extremely unprofitable conditions for them. Contents of Art. 209, 213, 288, 292, 556, 558 of the Civil Code of the Russian Federation are known to the parties. They know the legal consequences of the concluded agreement.

1.6. Alienation (sale) of living space - a separate ______room apartment with a total area of ​​_______sq.m., including a living area of ​​_______sq.m. at the address:______________________________________________, belonging to _______________________________________________________________, ________, is carried out with the consent of the guardianship and trusteeship authorities of the _________________________________district of St. Petersburg, Resolution of the Municipal Administration ______________No. ________ dated __________.

2. PRICE AND PAYMENT PROCEDURE

2.1. The inventory assessment of the apartment is ________ (in words) ruble, according to the Passport for the apartment No. ______issued by PIB _______________ district of St. Petersburg, branch of the State Unitary Enterprise "GUION" _________. .

The Seller sells the specified apartment to the Buyer for the price agreed upon by the parties in the amount of _________ (in words) rubles. The indicated price is final and cannot be changed.

2.2. The apartment will be fully paid for within two banking days from the date of registration of the apartment purchase and sale agreement in the Federal Service for State Registration, Cadastre and Cartography, in accordance with the additional agreement to the Lease Agreement for the individual bank safe “Rent+” No. ______ dated _________. at the Commercial Bank "_______________________". This payment condition is not an encumbrance by agreement of the parties.

3. TRANSFER OF PROPERTY

3.1. The apartment must be actually vacated by the Seller within 15 (fifteen) days from the date of registration of this agreement with the Federal Service for State Registration, Cadastre and Cartography. The apartment is transferred by the Seller to the Buyer according to the apartment acceptance certificate. At the time of signing the acceptance certificate of the apartment, the Seller gives the Buyer the keys to the apartment and receipts for payment of utilities.

3.2. Responsibility for the safety of the Apartment, as well as the risk of its accidental loss or damage, lies with the Buyer from the moment of signing the Acceptance and Transfer Certificate of the Apartment.

3.3. The Seller's obligations under this agreement are considered fulfilled after the parties sign the acceptance certificate - transfer of the apartment and state registration of the transfer of ownership of the Apartment, as well as deregistration at the above address of the Seller and his Representative.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The seller is obliged:

4.1.1. Make all payments for utilities before the state registration of the Buyer's ownership of the Apartment.

4.1.2. Warn the Buyer about all the shortcomings of the specified Apartment.

4.1.3. Transfer to the Buyer ownership of the Apartment, which is the subject of this agreement and specified in clause 1.1 of this agreement, according to the apartment acceptance certificate.

4.1.4. Sign the act of acceptance and transfer of the apartment after the state registration of the transfer of ownership, and also take all necessary actions for the state registration of the transfer of ownership, including deregistration.

4.1.5. Provide the Buyer with documents confirming state registration of the transfer of ownership, after registration with the Federal Service for State Registration, Cadastre and Cartography.

4.2. The buyer is obliged:

4.2.1. Accept the Apartment on the terms provided for in this agreement.

5. RESPONSIBILITY

5.1. In the event of failure or improper fulfillment of obligations by one of the parties under this agreement, the guilty party shall compensate the other party for losses caused by failure to fulfill or improper fulfillment of obligations, in accordance with the current legislation of the Russian Federation.

6.1. Disputes that may arise in connection with this agreement, the parties will strive to resolve through pre-trial proceedings: through negotiations, clarification of the terms of the agreement, drawing up additions and changes.

In this case, each party has the right to claim that it has in writing the results of resolving the issues that have arisen.

6.2. If a mutually acceptable solution is not reached, the parties have the right to submit the disputed issue for resolution in court in accordance with the provisions in force in the Russian Federation on the procedure for resolving disputes between individuals.

7. OTHER CONDITIONS

7.1. This agreement is drawn up in 3 copies having equal legal force, one for each of the parties and one copy for storage in the registration authority.

Signatures of the parties:

Salesman: ____________________________________________________

Buyer: __________________________________________________

According to these documents, a minor citizen enjoys all rights, but is incompetent until the age of fourteen, and does not have full legal capacity until the age of eighteen.

Therefore, the responsibility to protect his interests rests with the child’s legal representatives (parents, guardians, adoptive parents).

What difficulties arise and why?

In accordance with paragraph 8 of Art. 8 48-FZ, transactions with property owned by a minor are permissible only with the permission of the guardianship authorities. Any transactions with real estate to which a citizen under a certain age is related, require approval from these authorities.

clause 8 art. 8 48-FZ Powers of guardianship and trusteeship authorities

Representation of the legitimate interests of minor citizens and incapacitated citizens under guardianship or trusteeship in relations with any persons (including in the courts), if the actions of guardians or trustees to represent the legitimate interests of wards contradict the legislation of the Russian Federation and (or) the legislation of the constituent entities of the Russian Federation or the interests of the wards, or if the guardians or trustees do not protect the legitimate interests of the wards.

by law individuals are divided into two groups:

1. Minors - up to 14 years old.
2. Minors - under 18 years of age.

Children of the first group admit incapacitated until they receive a passport. Transactions on their behalf are concluded by parents or other legal representatives.

Teenagers from 14 to 18 years old greater independence of action is provided: They already have the right to sign independently, but their actions have legal significance only with written parental approval.

The Civil Code of the Russian Federation also introduces concept of emancipation.

Having entered into a legal marriage, an individual who has reached the age of 16 acquires full legal capacity. Having started work or entrepreneurial activity, a child of this age also becomes legally capable without limitation.

In all other cases, before selling a residential property, it is necessary to obtain the consent of the guardianship authorities, otherwise the result will be disastrous:

• a contract of alienation concluded in circumvention of guardianship will be refused to be certified by a notary;
• a transaction carried out in some way will be challenged in court and declared invalid.

If the child:

owner

If the minor is the owner of the apartment, then It will be possible to sell housing only with the prior consent of the guardianship authorities. In this case, the fact that it is planned to increase the living space, as a result of which the child’s living conditions will improve, does not matter.

If a person under 18 years of age, being the owner of the apartment, spelled out elsewhere, this simplifies the matter somewhat.

A situation in which a teenager has ownership rights and has a residence permit in a residential property put up for sale, requires the minor owner to be deregistered and registered in another home. It is impossible to discharge a minor owner anywhere.

In addition, Art. 20 of the Civil Code obliges the child to live with one of the parents.

Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Accordingly, when improving living conditions, at least one of the indicated immediate relatives must register in a new apartment in order to then register a son or daughter there. If the intended the place of residence turns out to be unsuitable for living, then the child will not be allowed to register there.

not the owner, but registered

But what if the apartment is sold with a registered minor child?

If the child has the right of residence, but is not the owner of the apartment, then there is no obligation to obtain permission to sell housing from his parents. But, again, a minor will be discharged only if it is proven that he has a place to register. The new place of residence and registration should in no way violate the interests of the child.

It is another matter if the rights of a minor were violated during the privatization process.

Transferring public housing stock into the ownership of citizens and ignoring the rights of minors who were registered in this apartment, but for some reason did not receive ownership rights to their legal share of housing, poses serious problems for buyers of such real estate.

General rules of action for selling an apartment or its share

Before you make a deal, you need to prepare the entire set of documents for the apartment being sold.

There are papers without which the new owner will not be able to study the history of the apartment and register his ownership of it after the transaction. Not all documents are required to be submitted to Rosreestr, but to convince future buyers of the purity of the transaction and the absence of illegal redevelopment, some of them may be valuable.

Then it asks permission for sale from the guardianship authorities, a buyer is being searched for.

Finally, the transaction is implemented, the seller receives money, and the buyer has the opportunity to register ownership of the apartment in Rosreestr.

The general approach fits into to the list:

• preparation of title documents for housing or its share;
• ordering an extract from the State Property Committee and technical plan through Rosreestr independently or with the help of an agent;
• preparing a form with information about registered persons from the passport office;
• searching for a buyer;
• conclusion of a preliminary sale document (optional step);
• obtaining consent from guardianship;
• preparation and signing of an agreement for the sale of residential premises or a share in it;
• execution of an act of acceptance of the apartment by the buyer;
• official recording of the fact confirming the change of owners through Rosreestr.

Contacting the guardianship authorities

You should begin preparing documents by obtaining permission to sell an apartment with a share of a minor, documents to the guardianship authorities.

Order interaction with them is presented in the form of the following diagram:

• going to the passport office for a certificate of persons registered in the residential premises;
• visit to the guardianship authorities of both parents of the child;
• filing an application for permission to sell real estate;
• waiting for a decision.

A very important point: along with the identity documents of the parents and the minor, a number of documents relating to the alienated object must be provided to the guardianship authorities. This is the above certificate, a certificate of ownership of residential premises and an extract from Rosreestr for the apartment. Application for the sale of existing housing and the purchase of a new one writes:

• legal representative of a child under 14 years of age;
• the minor himself, whose age is 14 years or older.

Clause 3 art. 21 No. 48-FZ Allows 15 days to make a preliminary decision.

A reasoned refusal, issued in writing, can be appealed in court.

Clause 3 art. 21 No. 48-FZ Preliminary permission of the guardianship and trusteeship authority affecting the exercise of property rights of the ward

The preliminary permission of the guardianship and trusteeship authority, provided for in parts 1 and 2 of this article, or the refusal to issue such permission must be provided to the guardian or trustee in writing no later than fifteen days from the date of filing the application for such permission. The refusal of the guardianship and trusteeship authority to issue such permission must be motivated. A preliminary permission issued by the guardianship and trusteeship authority, or a refusal to issue such permission, can be challenged in court by the guardian or trustee, other interested parties, as well as the prosecutor.

From a legal point of view, None of the above reasons allows you to speed up the issuance of a permit, namely:

• the documents required for the transaction expire (for example, the validity period for approval of a credit limit by a bank when purchasing a new home using a mortgage);
• the period ends after which the deposit must be followed by full payment of the cost of the purchased housing; any oral agreements between participants in real estate alienation transactions are violated.

When can guardianship authorities refuse?

Guardianship authorities have the opportunity to motivate the refusal to sell an apartment with a minor owner with a subsequent purchase in the following cases:

• new housing is much worse under conditions than what is being sold;
• purchased residential premises does not meet sanitary standards;
• the child’s share in the new property will be significantly less, than in the realizable;
• sale will contribute reduction in the value of part of the property owned by a minor;
• the apartment being purchased is located too far from preschool;
• housing to replace the old one purchased for rental, and not with the aim of achieving positive changes in the child’s living conditions;
• the property is for sale due to lack of funds for its maintenance, and not for the purpose of purchasing a new apartment for a child.

They won't refuse, if it is assumed:

• emigration;
• moving to another locality;
• purchasing an apartment in a building under construction with a high degree of readiness.

These situations relieve parents from the obligation to prove the improvement of the child’s situation and provide documents for the purchased property.

Preparation of documents for sale

What documents are needed to sell an apartment for guardianship? A package is required to be submitted to the Commission of Guardianship Authorities in the following composition:

• a petition for sale, justifying the need for the transaction by improving the living conditions of the child;
• consent of a minor holding a passport;
• extract from the house register;
• paper officially confirming the fact of the birth of the child (and its copy);
• documents proving the right to own housing and indicating the grounds for its receipt;
• extract from the State Tax Committee;
• technical plan of the apartment from BTI;
• certificate of absence of debt on payment of property tax;
• certificate of absence of debts on utility bills.

Almost all of these documents will be of interest to a potential buyer of an apartment, among the owners of which is a minor.

Signing the contract

A transaction for the sale of a home, part of which is owned by a minor, should not be carried out in simple written form: a notarized agreement provides the buyer with guarantees of the safety and purity of the transaction.

The following is proposed composition of the contract:

• document's name;
• place of his imprisonment;
• date of signing;
• detailed data of the seller, his legal representative (father or mother) and the buyer, providing the opportunity to uniquely identify their personalities;
• characteristics of the subject of the contract that make it possible to unambiguously determine it (in accordance with the technical plan and cadastral passport);
• basis and proof of housing ownership (with the name and details of the relevant papers);
• price of real estate;
• terms and forms of payments;
• signatures of the parties to the transaction.

For a child under 14 years of age, the contract is signed by his parents; a minor aged 14 to 18 years old can sign with his own hand.

Everyone those present at the transaction must have their passports with them. After the age of 14, a birth certificate is not considered an identity document.

The signing of the contract is followed by formalization housing acceptance certificate, mutual settlements and agreement registration. The transfer of ownership is recorded through Rosreestr.

Legislation does not provide for a ban on the sale of objects owned by minors.

At the same time, operations of this kind are complicated due to increased requirements for the package of documents for an apartment. The main task of additional conditions is protecting the interests of children, while simultaneously helping to reduce the riskiness of the transaction.
What you need to know about a transaction involving minors, watch the video:

Selling real estate with the participation of a minor child is a fairly common situation in which there are many risks and nuances. To avoid all sorts of disagreements and litigation, it is better to understand the situation before you sign the agreement.

Agreement for the purchase and sale of an apartment by a minor child Not every realtor or lawyer will undertake to draft it. The reason here is “on the surface” - various “links of the chain”, be it financial organizations or insurance companies, do not want to get involved with complex situations. Agree, not every bank will undertake a transaction with a 16-year-old citizen, let alone situations where the child is not even 16 years old?

Besides, purchase and sale agreement for an apartment with a minor child falls under several legislative norms at once, but there is still no perfection in this area. There are many gaps and shortcomings that can cause serious problems for the buyer.

Apartment purchase and sale agreement: the seller is a minor – what should the buyer do?

Real estate transactions in which minors directly or indirectly participate are regulated by the Constitution of the Russian Federation, articles of the Civil Code of the Russian Federation, the IC of the Russian Federation, the Housing Code of the Russian Federation and other acts and norms.

Main features:

1. Agreement for the sale and purchase of an apartment to a minor child, sample which is on our website, can only be in the presence of parents. Representatives of guardianship authorities can also take this role. The situation looks similar if a teenager acts as a seller;

2. The buyer must obtain approval for any actions with real estate from the guardianship authorities. Any workarounds during legal proceedings will be highlighted and the transaction will be declared void. The main task of the state is to protect the property rights of a minor;

3. Age plays a key role. According to Art. 60 of the Constitution of the Russian Federation, a teenager who has reached the age of 18 is considered legally competent. At this age, a boy or girl can independently conclude any types of transactions. If a teenager is between 14 and 18 years old, he is considered incompetent or partially incompetent (from 16 to 18), therefore, an agreement for the purchase and sale of an apartment for a minor child (a sample can be downloaded right now) can only be concluded with the written consent of the parents, as well as after approval guardianship authorities.

If apartment purchase and sale agreement (seller is a minor) conclude without taking into account the written consent of legal representatives - the transaction is declared invalid. Moreover, this can be done by the teenager himself when he reaches 18 years of age. This is too risky for the buyer.

Please note that the consent of the guardianship authorities for the sale of real estate is not required only if the teenager is officially recognized as legally competent even at the age of 16. The legislator has provided only 2 possibilities for this:

Getting married;

Emancipation.

In the first case, everything is obvious - marriage and even its subsequent dissolution actually give a 16-year-old teenager the status of a fully capable citizen. Emancipation means that a boy or girl works officially under an employment contract or is engaged in entrepreneurial activity (according to Article 27 of the Civil Code of the Russian Federation).

Agreement for the sale and purchase of a share of an apartment to a minor: let’s look into the details

A purchase agreement for the sale of a share of an apartment to a minor is no different from transactions for the acquisition/sale of entire real estate. Only in the agreement, in the section “Subject of the agreement”, in addition to the address, floor and other details, the area to be purchased/sold will be indicated.

To obtain permission from the guardianship council, you need to collect a complete package of documents + perform a number of actions, including:

Registration of a certificate of registered persons (received by a guardian or one of the parents at the passport office);

When visiting the guardianship authorities with the whole family (even if the parents are divorced), including a teenager, it is important to have a certificate of ownership and a registration certificate with you;

Real estate sellers will have to write an application for the purchase of new and sale of old real estate;

A decision will be made within 14 days.

A positive result (permission to sell) can be obtained only if the child’s property rights are not violated in any way (i.e., he must receive equal living conditions).

Formal details must be taken into account, for example, before signing an agreement, it should be determined whether the teenager is the owner or only has the right to use the property. In the first case, we are talking about the right of ownership within the framework of a gift or purchase and sale agreement, or inheritance. In the second - about registration in real estate being sold without the right to own it.

Apartment purchase and sale agreement (buyer is a minor) can be concluded without the permission of the guardianship authorities only if the teenager is only registered in it, but is not the owner. It would seem like an ideal option. But there are some shortcomings here too. A registered minor cannot be discharged “to nowhere”; he must be registered somewhere else. Of course, a buyer is unlikely to want to purchase such a “problem” apartment, even if the price is attractive.

Sample contract for the purchase and sale of an apartment to a minor: important additions and recommendations

Make sure that the minor receives registration in another apartment (according to Article 20 of the Civil Code of the Russian Federation, children under 14 years of age are automatically registered at the place of registration of one of the parents);

Purchasing a new apartment is a prerequisite for selling an existing one. Without this, the guardianship authorities will not issue permission;

Buying a new home for a teenager is not required only in a few cases, including moving to another country or city;

If the child’s relatives promise to settle all issues with the guardianship authorities on their own and some other time, it is better not to trust them.

Also, before you start completing the transaction, find out for yourself from the guardianship authorities whether the family is registered with them and whether they are going to deprive the adults of parental rights. Fraudsters can use this to their advantage. You will have a full package of documents in your hands, including the written consent of the parents, but in fact the apartment will not belong to you, because another person has been appointed as the child’s guardian and the consent of the biological parents has no legal significance.

On our website you can fill out and download a sample contract for the purchase and sale of an apartment to a minor. Compiling a document will hardly take you more than 5 minutes. You need to answer questions, and the system itself will distribute the information into the appropriate sections. Enjoy the benefits of our service!