
Selling a cooperative apartment in the Czech Republic follows different rules compared to selling a personally-owned apartment.
But donโt worryโthough it might seem like thereโs more to navigate than selling a regular flat, itโs not a complex process. What do you need to arrange for a successful sale of a cooperative apartment?
How do cooperative apartments in the Czech Republic differ from individually-owned ones? The biggest distinction lies in the ownerโwhile the ownership of a personally-owned flat is registered under a specific individualโs name, with a cooperative apartment, the housing cooperative is the owner, and you are a tenant of this cooperative with a membership share in it. This means that when selling, you have different rights and obligations compared to a โregularโ apartment owner. So, how does the sale of a cooperative apartment in the Czech Republic work?
Notifying the cooperative
Since youโre not the owner of the cooperative apartment, you also need to involve the cooperative in the sale. Therefore, itโs advisable to consult the statutes to understand the conditions under which you can sell your membership share within the cooperative. Discuss your intention to sell with the cooperative and determine the conditions for transferring the share. These might involve restrictions on who can become a new member of the cooperative.
Also, request a confirmation of your membership in the cooperative and your debt-free status with the cooperative. The cooperative should also provide you with a document stating the remaining amount of the annuity, if you havenโt fully paid it yet. Prospective buyers will likely be interested in monthly charges and other fees payable to the cooperative.
Find out the fee that the cooperative charges for transferring a membership share and whether thereโs a possibility of transferring a cooperative apartment into personal ownership.
What about the price?
Have you gathered all the necessary information for the share transfer? Fantastic! Now, you face several important steps. The first one is to determine the price at which youโll sell your membership share in the cooperative. Unlike with apartment owners, apart from considering location, size, and nature of the apartment, youโll also need to account for the fact that itโs a cooperative apartment. It might result in the price being slightly lower. What are the reasons for that?
Most importantly, a prospective buyer will be purchasing a membership share within the cooperative, not the apartment itself. This means that if they wish to rent out or renovate the apartment, theyโll have to first approach the cooperative, which must approve the rental or renovation. While this is often a formality, itโs an additional step to consider. An exception is when the cooperative is planning to convert membership shares into personal ownership in the very near future. In such a case, the value of a cooperative apartment equals that of an individually-owned one, as ownership is about to change.
Another reason cooperative apartments in the Czech Republic are slightly cheaper is because buyers of these apartments have somewhat limited financing options. When applying for a mortgage, they must use a different property as collateral (unlike personally-owned apartments, where the purchased property serves as collateral; this isnโt possible with cooperative apartments, as they remain under the ownership of the cooperative).
However, in other aspects, the price of a cooperative apartment in the Czech Republic is determined just like any other propertyโthus, it depends on the condition of the apartment, floor level, layout, and so on. While you can estimate the price yourself, itโs usually better to seek an expertโs valuation, typically from a real estate agency. In many cases, if you use their services to sell the apartment, youโll get a property valuation for free. If youโre hesitant about using a real estate agency due to commission concerns, learn how the process is actually determined. Also, be aware of what to consider when drafting an exclusive contract with a real estate agency.
Advertisements, viewingsโฆ and the cooperative again
After determining the price at which youโll sell your cooperative apartment in the Czech Republicโor rather, your membership share within the cooperativeโitโs time to let everyone know that your apartment is up for sale. This involves sprucing up and photographing the apartment, creating an ad, and spreading the word. Youโll conduct viewings with potential buyers and then select a buyer.
Once youโve chosen a suitable buyer and agreed on the price, itโs time for contract signings. Be sure to have a lawyer specializing in property involved. Unlike with individually-owned apartments, you wonโt be drafting a standard sales contract; instead, itโs a membership share transfer agreement within the housing cooperative. This is followed by an escrow agreement, or other necessary documents as required.
Then, you simply deliver the membership share transfer agreement to the cooperative, which will then issue a rental agreement to the buyer. Unlike with selling personally-owned apartments, you donโt need to transfer the ownership of the apartment in the property registerโownership remains with the cooperative. As a result, the final phase of the sale is slightly faster and more convenient, as you donโt have to wait for the property register entry, which usually takes about a month.
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