What to look for when buying an apartment? Verification of documents and legal purity apartments

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2018-03-21 19:20:27

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Any transaction in the form of sale involves a cash settlement. Furniture, coat, greens at grandma's on the market – a certain number of banknotes flows from one purse to another. And there is always the risk of getting their blood product not of the quality they expected, or even to remain without it, if the seller-the swindler. Even at the small cost of buying the loss of several banknotes can cause a deep frustration, but if we are talking about millions? For example, when you purchase an apartment or home? That's where you want to check a hundred times before proceeding to the final calculation.

New or resale?

The Probability of acquisition of property “baggage” – debt for communal, unregistered owners of shares, and other such nuances that subsequently can interfere with normal living in a personal square metres – are possible when buying property, previously someone belonging to the so-called secondary housing Fund. Daring to such a deal, be for certain to know what to look for when buying an apartment or house from a previous owner or his representative. The risk to housing is futile judicial process and in the end to remain without a corner and without money when buying resale is quite high.

the nuances when buying an apartment

A More reliable option – purchase of an apartment in a new building. Especially if the house is already rented and awaiting occupancy. In this case the list needed to verify documentation of housing is much shorter. But it is not superfluous to tips for buying an apartment from the developer from an experienced lawyer as its pitfalls inherent in any transaction. And in the case of real estate, when we are talking about quite considerable amounts of money, you need to exercise extreme caution.

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The danger of a clean apartment

Today the cheapest way to acquire real estate – participation in joint construction. In this case, you can save up to 30% of the actual value of the apartment. But the risk, years later, the pit to discover a weedy vacant lot, is also quite high. How to buy an apartment in the joint construction & ndash; better to know before meeting with the developer, not to sign a Treaty that does not give any guarantees at the stage of receiving the keys to the property. However, even the most reliable document, certified by a notary, does not protect against losses in certain cases. The developer can go bankrupt, not to the appointed time of permission for the erection of houses, and the money at the time of the collection of all signatures and seals to depreciate. The funds shareholders sometimes disappear in an unknown direction. Deciding to buy a home before its construction, buyers should remember that in most cases, if the Builder has encountered an unexpected problem, the maximum that can be expected – to get the status of the deceived shareholders, but not housing itself.

When the new house is already erected under a roof, the likelihood of a quick introduction in their own homes is much higher than in the case of acquisition at the stage of excavation. Where to buy an apartment, everyone has the right to decide on their own, but desire to save money is not always justified. Often, to become equity holders in the construction of a house is akin to buying a pig in a poke. Money is given, and there is no.

When is the best time to buy an apartment

When the house was built and commissioned with the approved technical documentation, you should be able to see the line written on paper with what is in reality. To compare the available in front of the eyes layout with a design, the number of square meters and usable area, the right developer for sale of the particular area. Not the superfluous will check up, whether is not spelled out in the new apartment already someone. Twice to sell the same housing for different people – not a new type of fraud.

Pedigree of second homes

From such developments with the purchase of their own homes no one is immune. Checking the legal purity of the apartment can take a lot of time, but to neglect it is not worth it. Track list of previous property owners, the duration of their stay at the address, marital status, presence of children and other relatives is hard, but possible. In this respect, to appropriate information and a real help, several public institutions: the cadastral office, the passport office etc. Complete information necessary for completing the transaction or after moving in, suddenly it turned out that not all square footage in the apartment belonged to the seller. Part of the living space, and sometimes separate rooms can be owned by other persons. Their rights to these meters they may require at any time. And their claims are better protected by law, in contrast to the desire of the buyer to own a completely paid meters.

apartment with the debt for utility payments

What to look for when buying apartments – technical documentation. Often the tenants carried out repairs to the remodeling of the kitchen, hallway, bedrooms. Demolishedload-bearing walls, combine the bathroom or, conversely, share a single room. With the problems of a legal nature, when threatened is the right of ownership, the penalties from the BTI in case of detection of alteration of the plan does not compare. But they are able to bring a lot of trouble. In any case, will lead to additional cash spending of course. A fine correction of violations of an unscheduled overhaul – the most likely course of events.

The Hidden past of secondary

In addition to the information that the seller would like to hide until the completion of the transaction, there are many pitfalls, which are often hard to guess. What to look for when buying an apartment, in addition to all these nuances? For example, a possible violation of the law during the privatization of the acquired property.

In the 90 years of the last century came into force a law under which each was in a particular meters each square meters. It applies to all, including children, former spouses who were prescribed within one apartment, temporarily absent family member, for example, a prisoner for the long term. Not all family members mentioned in the documentation on privatization. But, after a time, they could complain that they were cheated.

buying an apartment through an Agency

The Following caveat – a deed of gift or rent. As a rule, these operations rarely make known feuding relatives. The truth can emerge, some time later, after the purchase of the disputed housing. But the most common surprise that you can encounter when purchasing property-the apartment with the debt for utility payments. Here the problem can be detected before signing of the contract, and the buyer is important to negotiate with the seller how to resolve it. As a rule, it is extinguished by reducing the cost of housing. But each case is individual.

The Most reliable information

Not all authentic pedigree of a property lies in official documents. Hidden relatives, prospective applicants for housing them not to detect. In addition, bills can be paid landlords, and very different people, which it was promised. The scheme is as follows: elderly apartment owners to sign a contract with distant relatives or social workers that after their death, the area will get to them but you must pay for communal now. They do transfer to the managing company money, according to the contract, and consider housing as its almost. Without considering such an agreement, the direct heirs after the death of the elderly trying to get rid of unreliable gift. Clearance sale of flat takes place, but the contenders for her already two.

There are the most reliable way to learn about all the possible pitfalls that can spoil the joy of acquisition of property – to get information about its previous owners from the neighbors on the porch or lovers of gossip in the yard. If the apartment for quite a long time was owned by the same owners, no secrets to hide will not succeed from the neighborhood. The information received from them will not find in any documents when buying an apartment. Suddenly, someone in the family of the seller mentally ill person or a disabled person who cannot independently dispose of their property, and the guardian does not consider it necessary to obey his law. If new housing will be worse than the previous one, the deal can void on request of the guardianship. Because information from the neighbors neglected and not worth it.

The Best realtor-the buyer

It is Important to remember the following-no fee to the intermediary will not make him more alert when checking the documents for the acquisition of property, except specified in the contract items. Therefore, seeking assistance from realtors, you need to clearly define their responsibility to their current employer, if something goes wrong and the deal will be disrupted. Buying an apartment through an Agency – another is quite risky. Besides, very expensive. The realtor does not collect information about the past of the former owners, not trying to protect your client in the future. It only validates housing data with those than have a formal structure. And only after the registration of the deed and of payment, and the agent's reward may be potential candidates for the purchased apartment. In absolute advantage will a realtor. And the previous and new owners will plunge into a series of trials.

apartments for sale in new

Apartments for sale without intermediaries is also fraught with unexpected difficulties, if you do not have sufficient acumen, with information about all the possible surprises related to the execution of documents, transfer of money and other intricacies of the transaction. But among these apparent disadvantages, there is one significant advantage: no one will not be so eager to protect their interests, as a person who buys for himself, the one who pays. Enough to enlist the support of an experienced adviser who will be able to tell about all the intricacies of the operation, and purchased the apartment will be checked carefully.

Scamsnot asleep

The Sale of his apartment – one of the most common methods of fraud with real estate. Experienced scammers fake documents for housing itself, the power of attorney in which they have the right to conduct the transaction, often look better than the real thing. In the field of sale, rental property experienced crooks who know all the intricacies of the legal system on this issue. Just a power of attorney – the first thing that should alert the buyer. Why the owner himself sells their homes, you can contact him at least for the fact that he personally confirmed the authority of the mediator. In any case, check the documents when buying an apartment, starting with the attorney, the notary cannot be avoided. It needs to confirm the authenticity of the document, to verify its validity. It is best to go to the notary that the power of attorney was issued.

The Following trick scams – a fake passport. Homeowners are in a long trip or on vacation, and their area dispose of strangers, procured samples of the authentic documents, or even the originals. Criminal schemes, which can act scammers. Do not forget about the black realtors. So, planning the purchase of housing, it is better to consult a lawyer and keep him for the whole transaction close connection. He is able to give good advice on the question, when is the best time to buy an apartment, focusing on the current demand of the real estate market.

Documentation under the microscope

Whatever attractive conditions for the transaction and favorable price, hurry to pay is not worth it. First we need to collect second copies or copies of all documents in the space, its owners and to go with all the papers to the notary. If real estate in the number of owners number of underage family members, a lawyer will tell you how to register the item in the contract. In addition, he will recommend which court to visit, what information to get that the rights of young children was not broken, and no one later could not recognize the registration of the sale of the apartment invalid.

apartments for sale without intermediaries

Useful advice will help with the implementation deed, if the owners – spouses with different ownership share of the property or the apartment in possession of only one of them, and second it only spelled out. How to properly execute the documents and any receipts to – again, no notary is not enough. Even if the buyer himself is a professional in legal matters, each paper, confirming the authenticity of the transaction, you should carefully check that there are no mistakes in writing the address data of the buyer and seller, date, amount and other pertinent details.

The Struggle for value

What to look for when buying an apartment, besides the already listed items is conducted through documents and really passed up a sum of money for the deed. The seller is more profitable to indicate, in the Declaration on incomes (and the sale of housing falls under this provision) lower transaction cost since he will have to carry on her tax payments. Importantly, this amount was not below the market by 20-30%, as this may raise suspicion of such authorities. If it is proved the moment of collusion between the seller and the buyer, the latter can become involved in the administrative case about fraud.

sale

The Seller is advantageous to specify a smaller amount, and he may ask this favor of the buyer.

Agree is not worth it for many reasons:

  • First, do such an assignment violates the law and consequences.
  • Second, the buyer has the right to return of about 13% spent for housing amount. The opportunity is regulated by the Tax code.
  • Third, if the transaction is subsequently challenged by one of the parties and held invalid, the seller is entitled to refund only the amount mentioned in the documents. To prove the opposite when spelled a certain figure in the contract, the victim will not succeed.

Data smart

And the last great danger which can be expected and the seller, and the buyer, so it is – for the final calculation. We left behind the difficulties of the selection (primary or second homes purchased), determined the timing, when is the best time to buy an apartment, completed the trials for the collection and verification of all documents, the accumulation of the required amount or a loan at the Bank. And it can all fall apart at the last moment, if not to insure the transfer of money. It can be done by passing the required number of notes in the hands of the seller, or by transfer to a Bank account, which is safer. If we are talking about a big amount, then the cash are usually afraid to mess with. However, if one of the parties prefers this method of calculation, money transfer, rent a safe-Deposit box, from which they may pick up the one who present certain documents when buying an apartment decorated. Their list of check specialist companies. It also guarantees their authenticity. All the nuances of how this type of calculation and non-cash, it is possible to learn in Bank.

What's more, it is important to remember the finalpayment of the price, so it's not to confuse the size of the Deposit and advance payment, as they have different purposes and the options of refund if the trade does not take place for some reason. The amount of the advance is taken into account in the final account, and the Deposit no. He is either returned to the buyer, if the acquisition is successful, or is the seller, if the operation failed not according to his reason. In any case, the Deposit upon failure of the transaction remains with the injured party.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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