For clarity, here's a story of life (was told over a cup of tea, one of its members). One large regional company for several years was the owner of a corporate apartment in Moscow. And then decided to get rid of this asset: it can, the funds needed, and perhaps the management decided not to keep the balance is rarely used by real estate. Anyway, the apartments are sold. The buyer has got, obviously, "shredded": on the one hand, before selling the apartment did not even look (can only checking documents and bought "anything" as a corporate needs), and with another - has made only a down payment. He quickly discovered that purchased an apartment inhabited some tenants, and commanded the room clean, otherwise the remainder of the amount for the transaction will not give up.
Related article: Exclusive agency agreement: to conclude or not?Since the company - former owner of the apartment no one was taking, she sent a representative to deal with the situation and to evict tenants. The representative (he is the narrator of the story) found that the apartment was put on the lease (!), The rent paid in advance for two years, and tenants are not going to move out.
It is clear that there has been fraud. Most likely, one of the former employees copied keys, forged certificate of ownership, or maybe just find "idiots" who, renting a flat, did not check the documents for her. Nevertheless, the apartment must be free ...
Here are some questions that may interested parties in any transaction of sale, even if not complicated by such factors.
What if an apartment to sell, and tenants are not evicted?
If the lease violates the landlord (ie, the lease did not come to an end and he wants to complete the leasing arrangements ahead of time), this point is usually reflected in the contract of hiring in the section "Financial responsibility of the parties" and "mutual guarantee". For example: "In case of early termination of the agreement on the initiative of the landlord or other third parties in violation of the guarantees the lessor, the lessee has the right to live in an apartment above the 30-day subscription period for free, and if you can not stay a renter pays the employer a penalty. In this case, denial of rights of third parties to use an apartment tenant forced to recognize early termination of the contract, but the fact of termination of the contract by the employer in this case - the early termination of the contract at the initiative of third parties in violation of guarantees of the lessor "*. Penalty usually amounts to $ 1 monthly payment of rent.
However, when the landlords come from is not clear from where they clearly do not have the right to reside in the same room (even if the victims of fraud). "If there is fraud, then the customers have paid for 2 years in advance, may write a statement to the police station and demand to find the person with whom they formed a contract. Eviction procedure is not as difficult as it seems. Need to be evicted, along with the district, because such a contract has no "- explains Vic Tuzhba, CEO of real estate agency Tubar-real estate".
By the way, pull the release of the sold apartments are themselves former owners. "Even before the deal must be all the moments of such a plan stipulated. If something is broken, once in court, and not pull in any case. For example, the owner had to leave yesterday, but did not leave. Even today, you may go to write a statement "- the Council Valery Barninets, CEO of real estate agency A-Realty Group.
"If an amicable resolve the situation does not come out, and the seller continues to ignore its obligations to release the apartment, really need to go to court - I agree, Oleg Samoilov, CEO RELAYT-Real Estate. - Moreover, if the delay in release of the apartment resulted in the inability to use it, the buyer can easily show the seller the claim for damages, assessing it, for example, based on the existing rental rates. "
How to negotiate the release period apartment?
Experts advise all the nuances involved was specified in the contract of sale (DCT). Or, according to Oleg Samoilov, terms of physical and legal exemption apartments initially negotiated with the prepayment and recognized in the preliminary agreement, and then reproduced in the DCT. But this is the standard case. In life it is difficult (as we see from the above history): the buyer can not make all the money immediately.
"Retention of the money owed to the seller until the so-called" legal release "(jargon Realtors) apartment is a very common practice for transactions - explains Oleg Samoilov. - However, as a rule, documentary regulation of these issues takes place not in the sales contract and the preliminary agreements and instruments governing the access to bank cells (in this case they will be more than one, as determined by the multiplicity of different conditions of access), through which is calculated on the transaction. Why such a "fractional" settlement procedure is usually not reflected in the sales contract? I am afraid that just because of fear of Realtors, the leading transaction that, in this case, the registration of the transaction to the apartment will be imposed encumbrance in the form of mortgage in favor of the seller. And this pledge, respectively, will create inconvenience for the consumer and, most importantly, to his estate agent: because in the future it will have to shoot ... "Some truth in these fears, there really is. In particular, for the registration of transactions in the Moscow region. However, in the capital, said the expert, the Office Rosreestra looks at this question in another way: if in the contract included the phrase "right of pledge from the seller does not arise," encumbrance is not recorded.
Valery Barninets supplements that you can also negotiate the amount to ensure release of apartments from other people: "This amount is left with the expectation that if the owner is not able to fulfill its obligations, the new owner will be able to with the money to pay court costs."
How to ensure the safety of money to the parties in implementing the terms of the contract?
Will likely have to rent a two banking cell (usually a transfer of money after the deal is precisely by means of cells). The condition of the bank issuing the money out of the cell - the provision of certain documents. Thus, the first cell of the buyer placed the bulk of the funds that the bank will issue only upon presentation of a registered DKP: "Accordingly, upon the state registration of the transaction the seller with his copy of the registered agreement is drawn to the bank and withdraws the funds," - explains Oleg Samoilov.
The second cell to provide a balance, which is held until such time as the apartment is not legally free. Confirmation of this may be an extract from the house of the book, which proves that the seller withdrew the register (discharged) and ordered all other Persons.
Since tenants are not registered in an apartment, the seller must understand (see above) or have a new owner with the help of the district.
This is to ensure that should the seller to the buyer in the transaction and what you can see in advance when preparing the document. Because after the "fight" waving fists will be too late.