This rule applies not only to public tenders
Having a share in the common property of the actions, do not expect it to be possible to sell it quicklyIn this case, the order requires the notification to other owners-a co-investor on the sale to come. It is clear that the owner has the right to dispose of its share at its discretion, sell or give it away, but on the condition that the right of pre-emption to acquire an equity position of other owners is not violated. The civil Code obliges the landlord to establish an opinion on the sale of a house or an apartment, and send it to other owners of the real property if the disposition to a third party is supposed. In the event that all shareholders express their refusal to acquire a portion of the common property, they can be sold to a third party. However, to realize this right, all the formalities of preparing and sending a sample of a notice on the sale of an interest in an apartment shall be followed. Usually, to get all the documents in support of the mailing of the notice, it is sent to the sodors through the post office. In this case, it is recommended to send a letter with a notification and a nested list of the documents sent.
The judicial practice in this case is not ambiguous
The time for determine the date of delivery to the caterers will be the date specified in the delivery notice. While this method has certain risk, the recipient can refuse to receive the letter, or don't live at an address known to be in a sanatorium or abroad. Naturally, the employees of the mail will not carry a letter every day or to discover where the recipient of the notice is now. On the one hand, the armed forces determine that the seller is not required to transmit a notice to the other owners, but only to take measures to inform the owners. On the other hand, some courts meet the demands of regulation, and transfer the right to acquire an interest in the interest, motivating their decision by precisely the absence of confirmation of the receipt of the notice of sale. If all the owners are living in together, you can give a sample of the notice of sale of a share in the apartment in person. In this case, it is necessary to require other holders of shares of the receipt, with the decryption of the signature, the date of receipt of the notification. Although in practice, it is extremely rare to be in agreement with the other owners of non-residential premises. Such a method is generally chosen by these vendors that are certain that it will not be possible to agree with other co-owners. The notary will take all the functions of establishment of the notice, the sending and the confirmation of himself. If the person notified fails to appear at the notary's office within a specified time period, however, a notification is received that the letter has been submitted, it issues a certificate stating that the co-owners are notified in accordance with the procedure established by the law.
In the case where there is no confirmation of delivery of the notice, the notary delivers a certificate stating that all possible measures have been taken to properly inform the co-owners of the upcoming sale.
But the receipt of such certificate must be agreed upon in advance, given that such document is not provided by any normative act. Naturally, such a service is paid, but the most reliable of any of the foregoing. A sample of the notification of the sale of a share in an apartment should not be sent immediately to all the neighbors.
In this case, it will be difficult to prove that all the people concerned are properly informed.
The text prescribes the intention to sell its stake. Make sure you specify which part is supposed to be sold, where the property is located. It is necessary to describe the conditions of the sale, that contingency is possible. It must be real and corresponds to that for which the seller has the intention of alienate. If the disposition to a third party is made at a price more or less large, the transaction may be declared invalid. A representative of another co-owner may receive a sample of a notice on the sale of a share in an apartment or other property. Its powers need to be fully confirmed It is necessary to check the power of attorney of that person, where it is clearly indicated that the representative has the right to receive a notification of the sale. After you have received confirmation that the owner has received a letter of notification of the sale of the participation, you will have to wait thirty days. If, after this period, the co-owners have not responded, have not shown their decision, we can continually move to the stage of the alienation direct from them. Very often, people confuse the concept of notification and approval. Instead of drawing a sample of a notice on the sale of a share, they send a request to other owners to get their permission to sell to a third party. This view is a complete mistake The owner of a unit is a director full of his possessions with all rights and duties that follow.
Permit the sale or non-sale may not be a co-owner, otherwise it is a complete violation of the norms of the Constitution.
The pre-emption right to acquire an interest is just a right that is enshrined in the legislation and aims to protect the rights of all the co-owners. A mistaken idea has arisen on the the level of the body, which records the transactions for the disposal of the property. The experts Rosreestra sometimes need an authorization for the sale, but this requirement is completely contrary to the standards of the legislation in force and violates the rights of the seller. If the seller did not want to send a sample of the notice of the sale of the participation to all owners of a common good, they have the right to appeal the transaction in the framework of a judicial procedure.
The law for this procedure is canceled three months from the date of the transaction.
In this case, the application could involve a request for a transfer of rights from the buyer to the applicant. In conclusion, it should be noted that the notification of the sale of an apartment is an important document in the whole procedure of sale of a share in a common good.
The neglect of the obligation to send a notice may lead to legal proceedings.
