Clean apartment - what is it?
In general, legal clarity - this is a positive history of an object from the first owner, no legal obstacles to the deal, said Sergei Armash, director of «CENTURY 21 United Capital:" In the future there should be no reason to challenge the legality of sale and recognize it as invalid. Need to confirm that the ownership of the apartment is not limited by any restrictions or encumbrances. "The most common risk associated with respect for the rights of minors, heirs of persons in prisons, incapacitated" - adds Marat Gafurov, CEO of law firm GMM Consulting. Grounds for declaring the deal null and void AS Armash lists a few:
Related article: How not to get hooked schemers• violation of the rights of minors, heirs or other persons;
• inconsistency of the transaction to the law or other legal acts;
• transaction a person not able to understand the significance of his actions;
• transaction incompetent or a person with limited legal capacity;
• the transaction under the delusion, deceit, violence, threats;
• fraud, forgery of documents.
M. Gafurov urged to pay attention to the following documents:
• proof of ownership;
• base transition (privatization contract, sale, barter, etc.);
• an extract from the house of the book, Extract from the house of the book;
• a copy of the financial account;
• data sheets and explication of BTI;
• resolution of custody and guardianship (if in an apartment registered minors).
In general, the need to verify the obvious - not only the last transaction, but ever committed to the apartment.
Time, money ...
Audit can be independently or with the help of professionals. "Due diligence is a complex of measures aimed at detailed investigation and legal analysis of all the documents (title, about the origin and transfer of property rights and other) of the selected object, - says Irina Shugurova, deputy director of MIEL-Brokerage Legal Affairs. Specialized company, said the expert, analyzes at least the following information:
• all current and former owners and registered in the flat faces;
• about people temporarily living in (being in prison, serving in the Armed Forces, in an institution, nursing home, etc.);
• The existing or potential rights to the third party;
• Whistleblowing property and / or housing rights of minors, including those previously resided;
• the presence of charges (arrests, bans, bonds, rights of use, etc.);
• The redevelopment of illegitimacy / refurbishing. If necessary, it turns out, is not suitable if the house demolition or reconstruction with the resettlement of population;
• the availability of debt for utility / performance payments.
The most important thing
"First we need to give careful consideration to the package of documents for sale and make sure that their form and content comply with all the original papers", - says Mikhail Kulikov, managing director of the secondary market of "Incom-Real Estate. The package includes:
• Documents confirming the identity of the participants of the transaction (passports, birth certificates of children, military service);
• documents of title to the apartment (certificate of ownership and the previous agreement of the sale or transfer of privatized housing contract, a certificate of HBC);
• BTI documents (certificate of value of the object, information about the arrest or the absence of prohibitions, floor plans and legend with information about the redevelopment);
• Extract from the house of the book, confirming that in addition to entering into a contract no one in the apartment is not registered;
• a copy of the financial account, an excerpt from EGRP the ownership of the seller to the shelter and its burdens.
In addition, the required information:
• from the tax office there is no debt on the property tax;
• the absence of arrears of rent and utility payments;
• From EIRTS that no one is written by conscription into the army or prisons, to study or work in another city or country.
These different test
Depending on the type of transaction in the examination of possible nuances. "In the alternative, and direct exchange is required to review those same documents, and in the sale - says M. Gafurov. - If your mortgage is usually nothing to find out is not necessary - all done by the bank's security. In the case of the room must have a notarized non-acquisition of other residents in communal owners, as they have for this pre-emptive right. Refusal from the owners of other shares required in the case of buying shares. If the selling of apartments in children entering alternative, the alternative object is checked in the same way as the first one, said I. Shugurova: "Legal clarity housing, purchased the mortgage is set in the same way - a buyer orders the examination, the apartment is checked. In the case of the communal to the documents necessary to add a notarial notice of other co-owners to sell and the condition pre-emption. The same applies to shares.
Another kind of transactions requiring special inspection - rent. "We have to verify whether the potential fraud rentopoluchatel: Realtor in practice there are cases when the resourceful little old to revoke the contract for the contract under the pretext of inadequate maintenance and care. Pitfall here is that the monies paid rentodatelyu not return "- warns S. Armash. To protect yourself to the max, says Mikhail Kulikov, buying an apartment decorated with a contract of rent, you must be personally present at the registry office in obtaining a duplicate certificate of death of the former owner. According to experts, with the crisis, the number of flats, whose acquisition is a high probability of facing challenges up to the loss of money and housing, has increased by 40%. So do not regret the time and effort at this stage in advance and be prepared to include in the budget for this expenditure.