Purchasing an apartment-a responsible step for the Buyer, to which must be approached with all levels of responsibility, because euphoria of the beautiful and long-awaited access to housing can very quickly end if it turns out that the apartment is in the degree of risk, and it can be to lose. And not just because the property is sold fraudsters, but also because there are prerequisites for the termination of Seller`s ownership of real estate and, accordingly, the termination of ownership you - as a buyer. It is worth noting that the institution of a bona fide purchaser, as we are assured, almost all realtors in our state does not act in the interests of the Buyer, and in the interests of previous owners. Lawyer Oleg Sukhov, a leading lawyer of the First Metropolitan Law Center, spoke GdeEtotDom.RU that you need to know if you decide to buy an apartment.
First. Must pay attention to the cost of selling your apartment, if it at least 20% below market, then to purchase necessary to carry particularly severe. Practice shows that the quick and guaranteed to sell "non-pure" housing, unscrupulous purchasers reduce its cost. It acts on the buyers simply hypnotic, and many people forget that the free cheese is only in a mousetrap.
In my experience, not once met precedents when buyers, forgetting everything, bought an apartment, but later turned out that she is either under arrest (remove at the time of arrest from the apartment to its sale to fraudsters is not a problem), or framed on false documents, which for a very long time not recognize the police. This may be a fake court decision, the fake will, fake death certificates, fake contracts of social hiring and transfer of flats, as well as fake investment contracts and other documents. Sue in the future apartment or money - chances are practically equal to zero.
Second. If you hide from, who owns an apartment, or condo offer to sell at a power of attorney is either a precursor problematic transaction from which must be immediately discarded, or to a specific transaction is again approached with a special, a thorough inspection. Necessary to verify the authenticity and validity of proxies, as well as the history of the apartment in part of previous owners and their fate.
Third, what should pay attention - is the number of sales of the apartments. The more the owners were at home for a short period of time, the more it should guard. Verify such data can be achieved by studying night and day from EGRP and extended extracts from the house of the book.
Fourth. The owner and registered with him / her - this is the circle that you should concern itself more than most. Note that represents the owner - try to determine the type of sick if he (by appearance can often identify mental illness, cancer, heart or other serious illness, the result of which can rip you a deal, or lead to the consequences of its invalidity). If in doubt, it must request a certificate of health, but rather directly with the owner himself to visit a medical institution. In some cases, you must ask the owner a certificate of PND and ND. You can also ask the owner to show a driver`s license, if they were recently obtained, it can be more likely to assume that the owner is healthy.
If the apartment is registered persons who cause fear (age, health status), and previously owned the apartment and passed it on to your donation transaction to the seller, then they are in this case to be complete and thorough inspection, because at their request in court apartment can be taken away from you - the new owner, due to the recognition by the court grant the transaction invalid. Courts simply still "overwhelmed" by such civil disputes.
Fifth. Not bad request and examine documents BTI alone, not trusting the process to the Seller. Why? If the apartment has been carried out alterations, then, not having the documents BTI, you - the buyer never even know, without examining the cadastral identification and explication, and what these documents are not mandatory to carry out the contract of sale. However, in the future would not be very nice when will spend no small means as housing repairs, and on the paperwork to pay fines and give the apartment to its original state. It is worth noting that often the redevelopment and refurbishment carried out so that the harmonization of their legally required tens of thousands of dollars.
Sixth. The real cost of the apartment, which is reflected in the sales contract. It is no secret that, for tax evasion sellers reduce the price of the realizable property dozens of times. So, if for some reason, your transaction will be recognized as not valid or is broken, then get back will be only the amount specified in the contract, but not the entire cost of the apartment. To avoid these risks, you must properly transfer the money with the correct registration receipts.
Seventh. According to the extended history of residence in an apartment in it and extract, which is to be investigated on the basis of the document FMS (passport) - house register, it is necessary to establish the presence or absence of stay in the apartment of minor children, when and where they dropped. If the children were registered in the social, childhood home - is 100% illegal transaction on the implementation of the apartment. Prosecutors, child welfare authorities to track such accommodation and in the court returns the children. However, given the speed of our public authorities, as practice shows, are suffering mostly not wine buyers.
Eighth. If the owner is or was married, check the date of marriage and divorce, the date of purchase of an apartment owner and the grounds of its acquisition. If the apartment was acquired during the marriage and both spouses have a right to it no matter what she is framed, it is necessary to require the consent of the other spouse to sell you bought an apartment. Otherwise will have to share an apartment with her husband seller.
The same is true if the marriage dissolved, but has not passed three years after its dissolution. Spouse has the right to go to court and reclaim their rights to part you purchase an apartment.
Ninth. It is worth paying attention to the fact that it has not someone been discharged from selling apartments after 1995, in connection with serving in prison. The Act establishes the rights of such persons on the premises, and who has returned from prison and has the full right to register in an apartment and live in it.
Tenth. Pay attention also should not got to you if purchased apartment owner by inheritance. If you just so he got it and then be sure to check on what basis - whether it will, or inheritance by law. This must be done to know from what other successor can be expected to court demanding the reinstatement date of entry into the inheritance. In such cases, should be signed by the owner to sell the apartments agreement in which he undertakes in the future, in the case of the other heirs claim the inheritance, and to restore their rights to it, give them the prorated portion received in the amount of real estate.
Eleventh. An important detail is information on the availability of the dispute to the acquired property between stakeholders, as well as certain burden for this apartment. Such information can be found in response to the statement in Rosreestr (the answer is given within 5 days) and at the request of the Office of Civil Cases in court at the location of this property.
At the end of this material can not say with certainty that the secondary housing market you can check any apartment, and almost 100% to protect themselves from the risk of courts, arrests and seizure of the long-awaited acquisition.
Lawyer Oleg Sukhov, a leading lawyer of the First Metropolitan Law Center "