All of us deal with different types of documents regularly. These documents can be your PAN card, Passport, Academic Certificates, Investment Documents, Property Documents like sale deed, Mutation certificate, etc. Losing or misplacing any of these documents can have both Monetary as well as Non-Monetary affect. Documents and its registration plays a vital role in property transactions.
It is the solemn proof of a property’s ownership. It is important not just to check and verify them during the purchase of the property but it is also important to maintain the documents along with their copies for future uses. In cases, the property documents are misplaced or lost it is recommended that you file an application for obtaining a copy of the deed.
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How to sell a house without documents?
If you don’t have a deed document, then you may ask the mortgage holder for a copy. They may provide you with one or you may approach the registrar’s office in whose jurisdiction the property falls, to acquire a copy of the property’s registration. The copy issued by the registration department is called ‘Certified Copy’. You can apply for a soft copy or a replacement if it has been lost.
You will need to get duplicate documents if you want to sell a house or take a bank loan without a document. However, it may cost a lot of money and time. Thus you must maintain all the documents of your property after the purchase and sale transaction has completed. Thus it is also important to acquire the necessary documents before the sale of the property.
Do I need the original deed to sell my house?
Without the original sale deed on his /her name, the seller cannot execute a sale deed in one’s name. Similarly, without a sale deed in one’s name, you will not be able to dispose of the property in the future as a gift deed, settlement deed, pledging the property as collateral security for a loan. For you need to have a title document in your name.
In a simple & straight answer, if any property is on sale without original documents is completely fraud. Only one exception that the documents have destroyed. An FIR has to be lodged and final proceedings have to be completed by the Police Department.
Do I need an electrical certificate to sell my house?
The official and more technical name of this report is “electrical installation” condition report” or the”EICR”. The EICR report will show the condition and state of electrical safety in a property, residential or commercial as well as evaluate the condition of the electrical insulation. Typically the electrical test is carried out 5 years in both commercial and residential properties. The age and condition of the insulation can require more frequent testing.
While selling a house, there is no legal mandate that the seller should provide the buyer with any electrical safety certificate. However, it is recommended to provide an electrical safety certificate in order to make selling a house easier and quick despite there being no legal requirement to do so. Landlords and property managers do have a legal responsibility to provide an electrical test as part of their safety check before allowing tenants to live in a property. When selling a house the potential buyer may want to perform a safety test on both gas and electricity for their assurance.
When you are selling a house your solicitor might ask you to fill in a residential or commercial property information form. This form will include sections that refer to the electrical system within the house. You may also be asked by potential buyers to provide an electrical safety certificate, as mentioned above this is not a legal requirement and is just for the buyer’s assurance.
What documents do I need to sell my house without an agent?
The main objective of the seller while appointing a real estate agent in order to carry out the sales process implies his desire to yield maximum profit out of the transaction. If you are considering making a sale of your home without the service of a real estate agent.
It is not necessary that a real estate agent is hired to carry out the sales transaction, however, having a real estate agent appointed will help in making the process a lot more easy and trouble free. With little organization, however, this shouldn’t be necessary. Listed below are the various paperwork that is required to sell a house without an agent.
Make a checklist
Many successful home sellers opt to make a checklist that includes not only the necessary paperwork that a buyer could demand but a conclusive checklist including all the relevant paperwork related to the property. Completing their checklist before putting the house on the market prevents any possible embarrassment or delay during the process of the sale and also speaks to their organization and their preparedness, which never looks bad to buyers.
An example of the checklist of the paperwork needed to sell a house without an agent includes:
Print off blank copies of your offer and counteroffer forms
- The residential Property Disclosure form
- Residential Sales Contract
- Lead-based Paint Addendum(if built before 1978)
- List of Chattels
- Rental Agreements( of anything rented in the house)
- Invoices( of past renovations or repairs)
- Copies of Electric and Gas bills
- Property Tax Information
- Home Inspection Certificate
- Bank Information
Break Down of Paperwork Needed:
You are required to make a printed copy of the offer and the counter-offer in cases wherein multiple offers have been made or if you wish to change the offers that have been listed. The seller will also be required under section 55 of The Transfer of Property Act to provide a disclosure form, describing all the relevant facts in relation to the property. You are required to provide the form mentioning all the material and structural defects in the property that you are aware of. It is also important to provide this document to the buyer in order to avoid future legal complications and termination of contract.
The most important document that you will require is the residential sales deed. It is inclusive of vital details of the transaction such as the agreed terms and conditions, purchase price, down payment made or is required to be made, and both the dates of purchase and possession. Once the contract has been signed and attested it will be legally binding.
If there exists any form of financial obligation such as loan or mortgage involved in the transaction a third-party financing addendum needs to be provided. This document will help the seller from any form of significant loss as it provides him with the right to terminate the contract if the buyer fails to fulfill the financial obligations or in cases wherein their mortgage application has been refused.
Although some documents are not mandatory in the sale of a home, they can make or break the buyer’s motivation. Buyers demand to know the details as they are not looking for the significant immediate financial investment but also for the long term ownership of the residential property. Thus it is important that the seller pays enough attention in preparing the checklist for arranging the required property document for the buyer to cross-check and verify. The inventory of chattels should also include anything separate from the actual house but still included in the sale, such as electric light fixtures, blinds or drapes, any owned equipment, etc.