Sample consent of the company to the alienation of a share

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Co-owners of the apartment are required to respect the pre-emptive right to purchase shares. This means the following - if a share is put up for sale, the first buyers are the current shareholders, and not third parties. In order to exercise their right, owners send consents or refusals to purchase a share. It would seem that everything is simple. But in practice, disputes, misunderstandings and missed deadlines happen.

How to draw up an agreement to purchase a share in an apartment? What should it include? Do I need permission from the second spouse? From our article you will learn about all the intricacies of the transaction stage.

What is consent to purchase a share in an apartment?

Housing in common shared ownership belongs to several owners. Their shares may differ, but this does not affect the pre-emptive right to repurchase shares. Conventionally, if Ivanov owns 5/20 of the share, and Petrov only 1/20 of the share in the apartment, both co-owners can purchase square meters of Sidorov, the third owner of the same apartment.

Consent to purchase a share in an apartment is an official response from the co-owner about the desire to buy a share on the proposed conditions regarding price and calculations (Article 250 of the Civil Code of the Russian Federation). It is sent in response to a notification from the seller. The deadline for making a decision is 30 days from the date of receipt of the notification.

In general, consent is a right, not an obligation of the shareholder . If you are not satisfied with the price or terms of the transaction, you can refuse to purchase a share in the apartment. It is also advisable to notify the seller about this (optional).

Please note that consent is considered only as a desire to buy out the share. If, in addition to your approval, consent is received from other co-owners, the seller will choose the buyer. He can enter into a purchase and sale agreement with one of the candidates or divide his share among everyone. Unfortunately, there is no way to challenge the actions of the share owner.

Notice of sale of a share in the right of common shared ownership - sample and rules for registration

» » Having the intention to sell part of the property if there are co-owners, it is necessary to send them a notice of the sale of a share in the right of common shared ownership, a sample of which will be discussed in the article. Contents Sending a notice is the direct responsibility of the owner of the property in the right of common shared ownership. This document must contain information that the property will be put up for sale in the near future. It is necessary to send a paper with this data so that the co-owners have the opportunity to exercise their right of first refusal. A written notice of the sale of a share is an official paper that is necessarily sent to other owners of shares in an apartment or other real estate. In response to such a document, co-owners can:

refuse to buy back the share;
agree to buy out the share;
ignore the information.

Do you need your spouse's consent?

Married owners should remember to coordinate the transaction with their spouse. This is, in particular, stated in paragraph 2 of Article 34 of the RF IC - if one spouse uses common income to purchase real estate, he must obtain permission from the husband or wife.

Thus, in the case of an official marriage, the buyer must provide the consent of the second spouse .

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

There are three exceptions:

cohabitation, i.e. joint housekeeping without registering a marriage relationship;
divorce of spouses;
the presence of a marriage contract - with the condition that the property of the spouses is not joint, but personal (for example, the husband buys a share in the apartment and becomes its owner, but the wife does not).

The consent of the spouse is drawn up in simple written form. A mandatory requirement is a notary signature and seal.

Spouses need to visit a notary, present their passports and marriage certificates, and then draw up a consent form. Of course, the service is paid. The notary will take money for certifying the document (expression of will). The total amount is from 1100 to 2300 rubles, depending on the region.

Spouse's consent to purchase and sale of shares in LLC

But in vain... In fact, maternity capital is often used in violation of established rules, and this can create very serious problems for the new owner. The use of maternal (family) capital is regulated by Law No. 256-FZ “On additional measures of state support for families with children.”

indications of the person to whom consent to complete the transaction is issued, as well as data on the marriage certificate;
specific type of transaction (in this case, sales);
parameters of the transaction (its amount, percentage share, name of the business company);
signature of the person giving consent;
appropriate certification by a notary (his signature, registration data of the document, the amount of the notary fee).

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Sample consent to purchase a share in an apartment

The response to the notice of sale of a share is drawn up by analogy in free form. The consenting owner must have the letter certified by a notary. If this is not done, the document will not have legal force.

Key points of agreement:

document's name;
city and date of compilation;
Full name of the owner who expresses a desire to purchase shares in the apartment - place and year of birth, passport information, residential address;
confirm that the notice has been received;
the size of the proposed share (for example, ¼ of the apartment);
address of the location of the object;
the price for which they want to sell the share (for example, 350,000 rubles);
willingness to enter into a transaction on the seller’s terms;
counter conditions, details - if required;
information about familiarization with the notary’s explanation;
owner's signature;
signature and seal of the notary.

If you have confidence in the seller, you don’t have to spend money on consent, but sign a preliminary purchase and sale agreement (PPSA). Include in it the terms of the transaction, price, method of payment and secure the rights and obligations of the parties. Below you can see an example:

Consent to sell a share of an apartment sample

— — Notification of the sale of a share Having decided to sell his share of the apartment, the owner is obliged to notify the other co-owners about this, indicating its value.

The notice must be in writing.

It must be sent by registered mail with a list of attachments. Receipts and acknowledgment of delivery will serve as evidence that the consent or waiver of the right of first refusal was executed in accordance with the law. ⇒ A sample notification of the sale of a share can be viewed at this link.

⇐ It’s good when part of the real estate owned by the seller is clearly stated in the documents.

For example, there is a whole room in the property.

When the meters are not indicated anywhere, but only their ratio to the area of the apartment, you must, through the court, allocate your square meters and assign them to yourself. The court often agrees to meet this requirement.

Info Where to apply In order to obtain a document giving the right to make a transaction with property acquired during marriage, spouses should contact a notary in their city.

There is no territorial or regional affiliation. Having made sure that the chosen notary is engaged in this practice, the husband and wife make an appointment to draw up the document, having previously clarified how much it will actually cost to issue a consent to sell. The notary, after reviewing the provided set of documentation, making sure of the legality of all the facts and the expediency of the transaction, according to the template (sample), in agreement, fills out information about the parties involved and the object being sold.

How to obtain consent to purchase a share in an apartment?

A positive response regarding the purchase of a share must be conveyed to the seller. Choose the method that will allow you to record the sending of consent to the addressee.

Submission procedure

It is most convenient to send a letter through a courier or a notary. However, if you're going to answer it yourself, here's a quick guide:

Draw up a consent and have it certified by a notary.
Go to the post office.
Fill out a blank Form-107 - indicate what you are sending, the number of letters, their value, and the item “notification of delivery/delivery to the addressee.”
Write down the seller's address (specified in the notice) and put your signature.
Fill out other forms (for example, for an inventory of attachments or for notification via SMS messages).
Wait for notification of delivery to the addressee.

Even if it is possible to hand over the consent to the seller personally, try not to use this method. The risk is that the owner will receive a notice from you and then may say that he did not receive anything. Proving the fact of transfer “from hand to hand” is very difficult, especially if there are no witnesses. The best option is through a notary or by registered mail with acknowledgment of receipt.

We talked about other tricks, schemes and troubles in the article “Pitfalls and risks when buying shares in an apartment.”

Price

You probably think that sending consent will be free. But in reality, costs cannot be avoided. Especially if you plan to act through a notary.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

How much does it cost to agree to purchase a share to the seller:

sending a registered letter – 132 rubles;
*additional option “notice of delivery” – from 27 to 68 rubles (simple and custom);
inventory of the attachment (compliance check) - according to the tariff of branches of the Russian Post (for example, in Moscow - 72 rubles, in St. Petersburg - 50 rubles);

500 rubles for certifying consent . The fee for UPTC will be about 1,000 rubles. The total amount is 1,500 rubles . The notary himself will send the papers, so you just need to wait for a response from the seller.

How long does it last?

The pre-emptive right to repurchase shares is limited in time. Co-owners are given only 30 days to respond with consent/refusal. If you do not meet the specified deadline, priority in the redemption is lost.

You need to understand that the letter may take more than one week. Especially if the recipient lives in another city. It is advisable not to delay in responding: if you receive a notification, respond to the seller . Play it safe and call the seller, letting them know that you sent him a notice. Otherwise, there is a risk of missing the monthly deadline.

Don't worry if the 30-day period has already expired and your letter is “on the way.” Before certifying the purchase and sale agreement, the notary expects responses from all co-owners. This usually takes 2-3 weeks.

If you have expressed a desire to buy out the share, but the seller has already concluded a deal with a third party, not one of the owners of the apartment, challenge the deal. A lawyer from our portal can provide assistance in this difficult matter. An expert will analyze your situation, advise on how best to send a notice, what to include in it and how long to wait for a response. Contacting a lawyer will protect you from risks and missing a month’s deadline.

Watch a video about a husband or wife’s consent to purchase a property:
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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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The court found the claim to be justified and ruled in favor of citizen O. The transaction was canceled, and entrepreneur O. was required to return the entire amount spent to his wife and pay moral damages to the injured wife.