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Putting my apartment up for sale with a 10% discount, friends quickly come to a deal, so despite the fact that the apartment was sold cheaper than they would conditionally still saving on the "difference of discounts" a decent amount of money.
The joy of new home did not last long: a few months later got a call from the ex-owner of treshki "with a proposal to cancel the transaction.
Buying an apartment in the secondary market - the procedure is very troublesome. Even if the results of verification of documents for real estate is all right, it is extremely important not to rush to exit the deal. There are several caveats that need further study, otherwise there is the risk to remain without an apartment and no money.
In the first place, we must remember the notorious human factor, which in this case represent the owners you buy a flat.
Russian legislation quite clearly regulates the legal relationships between entities. Often, however, potential buyers simply do not know, but less frequently and deliberately ignore its regulations. We should remember that ignorance of the law, unfortunately, is not an excuse.
Professional realtors have long been singled out so-called "risk groups", deals with them - is a lottery, and not always a win-win.
- Residences, which at the time of the deal someone is registered and lives.
- Flats, inherited in families.
- Apartments military age, convicted in accordance with the decision of the court.
- Apartments minor owners, single people of retirement age, disabled, persons who are registered in the mental and drug treatment clinics.
About the troubles in detail
Apartment, which at the time of the deal someone is registered and / or live - it is the "conditionally safe" group, because the law protects the new owners of the apartment. But in reality, the process of discharge and relocation may take several months.
Apartments of military age, convicted in accordance with the decision of the court, as a rule, impose so-called "technical" restrictions, which may in fact lead to prolongation of exit procedures for the transaction due to temporary unavailability of the owner. Therefore, if we are talking about efficiency, it is not your option.
However, as practice shows, the most risky buying is buying an apartment in minor property owners, citizens of pension age living alone, disabled, persons who are registered in the mental and drug treatment clinics. It is this group a priori is the most extensive field for the notorious abuse of trust buyer and frank deception.
The fact that Art. 177 of the Civil Code declares the restrictions on citizens' actions, "unable to understand the significance of their actions or control them at the time of the transaction." Thus, even after the transaction is a court order may be canceled. The court, in turn, decide to recover from the old owner paid the new owner of the full amount. And like, all remain in their, but ... It is here, open expanses for fraud.
Why refund unprofitable?
Let's start with the fact that quite often the amount specified in the contract of sale of an apartment, much less actually paid. Therefore, to recover a large sum would not be legally possible.
And even if the amount in the contract of sale / purchase will be given a real, ex-owner could simply spend the money without remainder. In this case, the trials and expectations of compensation can take several years or even decades, for which the purchasing power of money guaranteed to go down.
So do not be shy and do not spare forces to advance documents to make sure what is the current owner. Prior to the transaction need to have hands on help from the mental hospital, is not listed there a registered dealer, no matter how healthy and adequate, he neither looked.
Do all you can do yourself?
Rely on a good seller naive, and "punching" the seller does not always mean the most to protect yourself: MHP officers often do not differ in good faith and simply sell the information (on average, this service costs 2000 rub.). Best at the slightest doubt, arrange a medical examination seller on the day of the transaction.
The easiest way (but for the money and also without a 100% guarantee!) Apply to the transaction to the realtor, which by virtue of the profession has more connections, experience and capabilities. However, the choice of a realtor whom you can trust, itself a rather complicated matter, not easier than the "check for lice," the owner of the apartment.
In any case, if there are suspicions regarding the integrity and authenticity of the documents the seller, the transaction is abandoned.
It is on this hook and caught our friends. The former owner of the apartment was listed as registered in the district narcological. Ultimately, the court found the requirements of the ex-owner to cancel the transaction legal. In addition, the seller "treshki" obliged to return the paid amount of friends, which, incidentally, at the time the decision had already been spent on 50%. A sad and expensive outcome of short-sightedness: the remaining 50% paid unlucky customers until now, has for several years.