Analysis of legal purity apartment - not such a complicated procedure to deal with that if you want on the forces and the buyer, not only to professional lawyers. The main thing - to know what 5 steps to do to loss of fines during the transaction did not turn serious trouble in the future. What to look for when buying an apartment in the secondary market?
Step 1 - Check title documents for the apartment. If you liked the apartment on the secondary market, then begin to study the history of the issue need to check the documents on which there was ownership of the seller. The most common options - contracts for the sale, exchange, gift, at least - have entered into legal force of the court, a certificate of inheritance, the contract rent. Obviously, these documents shall in no case it should not contain signs of forgery, erasures, etc. If the text is correct, they must be certified by the signatures of all parties to the contract. If the contract is certified by a notary public, then patch sealed with the seal and signature of the notary.
"Check out the fact of proper state registration of contracts, - the lawyer advises the company Penny Lane Realty Sergei Amendment. - If the instruments on which there was ownership, prescribed conditions, failure of which is grounds for termination of the transaction, make sure that these conditions are satisfied. Such a condition may be, for example, the obligation of the buyer (which interacts with you, already acts as a seller) to pay the price of the apartment some time after the conclusion of the contract. In case of default of the obligations of the contract may be subject to avoidance. "
An important nuance: when you discover that the apartment was someone donated or bequeathed by inheritance (in this case its new owner is not a relative), and soon after the new owner begins to sell the flat quickly, then this fact should alert you.
Step 2 - Check the history of the apartment. Ask the owner of an extract from the Unified State Register of Real Estate Rights and Transactions (EGRP). This statement will reflect the entire history of the object (the transfer of ownership and the availability of arrests in the apartment, the prohibitions on making deals) since 1998, ie since the inception of EGRP, which is sufficient for your peace of mind.
"If by this statement you will find that apartment for the last time, very often resold and passed from hand to hand, and upon it no long lived, it is likely that transactions on the estate were not" clean "and in this way Someone tried to "substitute" bona fide purchaser "- warns Olga Rykov, Director of Legal Department, Panorama Estate. In this case, experts advise that the alert and better - search over a trustworthy object.
From the statements will also be clear whether the apartment was in the midst of a dispute or not, whether imposed on her arrest, etc. And if as a result of studying this information you will find any differences, pay attention to how many years have passed since their occurrence.
Under Russian law, the maximum period of limitation on recognition of invalid transactions, including real estate transactions - 3 years. Therefore, if during the last three years prior to the proposed purchase of any dispute with the apartment was not, then do not worry that the previous owners suddenly reclaim their rights. But if you realize that over the past 3 years of disputes were eventually, ask the owner to provide the court decision, from which it will be possible to draw definitive conclusions about the legality of ownership in the apartment. If the court decision is still pending, it makes sense to wait before you make a deal.
True, it happens that the apartment is not listed in EGRP. Typically, this happens in real estate from the old housing stock. If this apartment is not in the registry, then after its privatization, it does not perform any transactions, that is the ideal, from a legal point of view of apartment, she absolutely "clean". For absolute certainty the buyer may submit a request to the Department of Housing Policy to ensure that the true owner`s rights. Nothing more need to do.
Step 3 - check the quality of the apartment. Ask the owner of the documents BTI`s apartment. They are required to check whether the quality of apartments documents: Does it piecemeal in a lawful manner redevelopment or conversion. According to Article 26 of the LCD RF, virtually any conversion and redevelopment require coordination with local government, and if they perform a "spontaneous", then they will fall into the category of administrative offenses, for which provides for liability. Illegal apartments is any improvement, which is not obtained permission from the appropriate authorities.
Step 4 - check the seller. With no less emphasis should be verified and of the owner. First, please check the authenticity of his passport. This can be done through a specialized service to the official website of the Federal Migration Service. The information thus obtained is, of course, more for reference. To receive official information legally significant creators of the site advised to contact the regional unit of FMS (to put it bluntly, the local passport office).
"It is necessary to be careful, if the contract is signed by a representative of the seller`s attorney - sees Sergei Amendment. - Be aware that the power of attorney issued by a natural person, must be notarized. You should make sure whether the attorney is not revoked, as well as a clear understanding of the list of powers of trustee: he may only sign a lease or may even, for example, to receive payment under the contract. Generally, one should understand that the signing trustee creates additional risks. "
Much harder to deal with the legal capacity seller. But this is necessarily need (no matter how much confidence or inspire people), so be sure that at the time of the contract owner is not located in a planned monthly drinking bout in a state of narcotic effect, and that he was mentally fit. Do not be lazy with the seller to attend drug treatment and mental hospital to get the appropriate certificates.
Step 5 - Check the rights of third parties. Ask the owner to give you an extended excerpt from the house of the book. It allows you to check who is registered in the apartment residence and retain these people in accordance with the law the right to live in an apartment with its sale.
The fact that one of the major risks in buying a home - is to challenge the rights to an apartment to a third party. Disputes may arise, for example, if you have a missing family member prescribed in the apartment. "Nobody can guarantee that the missing person does not appear in a few years and would not challenge the deal. Such cases happen, - said Olga Rykov. - People in prison do not want to report it to relatives, and then are free and claim their rights. " Therefore, buying an apartment, which is registered untraceable family member temporarily eliminated in the long arctic trip, long-term care (eg, a mental or drug treatment clinic) or to prison, you go to a specific risk. Think it might be worth look for another option?
At risk are also the apartment where the registered minor children, whose interests must be respected. And if in the course of the transaction have been affected by the rights of minors, make sure you have the appropriate permission of the guardianship.
"In addition, you must pay attention to the rights of spouses seller: the seller is married or apartment was acquired in a marriage, the contract should be reported the presence of spouse`s consent to sell" - draws attention Irina Shugurova, deputy director of MIEL- Brokerage of Legal Affairs.
In the case of apartment sales are important, of course, all the nuances: the contents of the contract of sale, transfer money for an apartment, good writing receipts by the seller, the actual transfer of control over the apartment - all this is the whole concept of "transaction". Importantly - remember that when buying an apartment is not to believe (the word), fear (of fraud), request (documents).