When purchasing any property, there is always a chance to buy a pig in a poke, that is flat, house or room, possession of which will inevitably lead to a dispute of ownership.
For buyers of real estate is extremely urgent problem of possible loss of property rights for the purchased items. In some cases the court may declare the transaction void and to satisfy the claim for the recovery of your property as you may find illegal possession.
To avoid this, legal and real estate companies offer the service "check of legal purity of the property." What is this service and how it helps customers protect their rights in the future, told the round table, organized by the editors of the magazine "Bulletin of Real Estate."
According to the law
The term "legal clarity of the object" appeared in the professional real estate environment a long time, but still depending on the situation is treated differently. If we gather together all the shades of meaning to the term, we obtain the following definition: The legal net is called the real estate which can not be claimed in future owner, and anyone on any grounds.
Accordingly, to determine the extent of such purity is possible only with careful analysis of the documents of the owner at the very housing and a thorough study of the history of the object from the first to the last owner. Such meticulous verifications in order to avoid future problems. After all, if any of the previous transactions violated the rights of the parties, the latest deal may be invalidated.
At the moment, Civil Code provides for a number of reasons and circumstances that resulted in the purchase and sale, gift or any other transfer of immovable property may be declared invalid.
In the first place in this series is limited by the court as incapable or capable citizen, which she did. By the way, this is - one of the most popular schemes fraudsters "sell" apartments. In the same way have no legal effect transactions entered into by minors.
Illegal and operations carried out under the influence of fraud, violence, threats, malicious agreement representative of one party to another party transactions made under the delusion. The Civil Code provides for about a dozen reasons why the property can be claimed from the new owner. And each of them can be interpreted very broadly.
"According to statistics, most recently in Russia increased the number of real estate transactions that have a defect in the subject. This means that sellers in these transactions were incapacitated. In general, the subject of vice and depravity of the will (deal is not in good faith seller, under the influence of fraud, violence, threats, etc. - Ed.) - The most severe causes with which we deal with the proceedings in the courts "- notes Nicholas Atenyaev, head of Public reception for Consumer Protection in Real Estate at the St. Petersburg Chamber of Real Estate.
What, where, when?
To avoid falling into such slippery situation, any property acquired better check thoroughly examining its history and foundation transfer to new owners.
There are a variety of technology validation of real estate. They differ mainly in the form of real estate, presented to the verification: ready housing, housing under construction, commercial, rural property.
On manufactured housing (secondary market) during the examination, the background object. How deep will "dig", depends on the characteristics of the property. If it raises suspicions (many times changed owners), it is likely, experts will check the history of the object since its privatization.
During the inspection experts collect documents of all persons who owned or were registered in the apartment were involved or not in the privatization of the object or the payment of the unit (in the apartments of HBC). Checked the certificate of ownership, data and technical documents at the apartment, and other possible instruments.
Despite the large volume of work, the experts quickly enough to cope with it: the average collection of documents for legal review and analysis takes five working days. In the case of test objects with a large number of owners, such as large communal apartments, the period is negotiated separately.
After analyzing various sets of documents drawn up on the possibility to challenge the ownership of this object. In conclusion, the customer gets on his hands, specify all the fine points of acquiree property.
Since one third of the deal in St. Petersburg held with the participation of real estate companies, and order such testing, as a rule, Realtors.
True, much of the testing sites, they outsource to private detectives and law firms. To do this, have their own reasons. "Now or notaries, or lawyers, neither the lawyers nor the realtors, not the detectives can not conduct a full inspection of the property.
The only ones who have the authority to do and the opportunities - the security services. Even the courts of opportunities in this area is much less "- explains Anton Baranov, CEO of real estate company" Aventine Real Estate.
Since many of the data in the audit "are extracted from under the counter, there is no chance that they will ever be admitted as evidence in court. But the purpose of this test is not to provide potential buyers legislative mandates to protect their positions in the future. Its main task - to inform the customer about the possible risks associated with the acquisition of selected properties.
"Buyers have to go to deal with open eyes, to understand that the object he was going to buy. In conclusion, we indicate the probability of loss of property rights in the future and make recommendations about whether to acquire the object, since our goal - to minimize the risk to the client ", - said Dmitry Titov, Director General of Real Estate Agency New York apartments."
"This test is better to hold for another reason - adds Svetlana Denisova, executive director of real estate agency" Area ". - Today there are many sutyazhnyh firms that specialize in detecting slippery moments in the history of the apartment. Finding such flaws, they start to blackmail the owners, threatening to sue and to challenge their ownership. This is pure crime, but - in the legal field. "
Rates and tariffs
Typically, a deep inspection of the property is held under bail and signing a preliminary contract of sale, that is when the buyer finally decided on a choice and only wants to hedge for the future.
"The cost of testing is deducted from the deposit, which the buyer makes to the agency in support of its obligations under the contract. Usually test costs about five or six thousand. But the amount may vary. For example, if you want to check the commercial large objects, then the numbers would be very different "- says Rima Stahl, executive director of the Chang-MN."
According to estimates of Realtors, the objects could not withstand such a test - no more than 1%. This is explained by the fact that most unreliable of options is eliminated at the stage of preliminary views, that is the first time a seller's real estate agency. Subsequently, the sellers are trying to implement these "untrusted" objects on their own or seek the help of some intermediaries.
"Those facilities that we take into work, as a rule, do not have a serious defect. If any are found during the inspection, we explain to the seller and buyer, as this situation can be corrected. Sometimes it is enough to take the additional information or to alter some of the documents. Cases where do absolutely nothing to be - isolated "- Rima adds Stahl.
Suspicious moments in the history of the apartment includes any transaction of sale, transfer, donation facility in the last year. According to statistics, the majority of frauds in real estate is opened within six to twelve months from the date of the criminal transaction. Therefore, in this case, better to be safe and carried out additional checks or completely cancel the purchase of questionable choices.
In addition, a suspicious real estate brokers will find apartments by inheritance or donation of a man who is not a relative of the previous owner, especially if the new owner tries to sell quickly obtained an inheritance.
Questionable performance has also flat, often resold or passed from hand to hand for no apparent reason, particularly if there is a long time, no one lived. It is likely that a deal with the real estate were "unclean."
"It's very important sign of" bad "apartments - if the seller does not live in it - explains Igor Shushko, Deputy Director General of Real Estate Agency Spektr. - For example, the apartment is clean, renovated, furnished by the first owner, but there is no one lived from the time of privatization. Also suspicious if the deregistration previous seller did not occur immediately after the resale. "
If you do decide to buy an object with a dubious reputation, relying that not every controversial deal comes to court, it is better further protect themselves and their ownership. The most effective tool for such protection to date - title insurance. Once it is fully capable of protecting a property owner against loss of funds in case of loss of property rights.
However, here are its pitfalls: the high rates for title insurance (from 0,5% to 1,5% of project cost per year), difficulty obtaining insurance payments, as well as an unlimited time, which will insure the estate if its legal status in doubt. Indeed, by law the victim can apply to the court within three years from the date when he learned of the violation of his rights as a result of transfer, donation or resale to the object.
So what is theoretically a risk of loss of property rights the buyer may face twenty years after the purchase of an apartment. Therefore the more thorough will be tested in its history, the less likely that in future you come up with "skeletons in the closet of your apartment.