Want to buy an apartment?

13.03.2013 11:00
Articles about real estate | Want to buy an apartment? Buying a Property - a complex process. Most often, people are worried about the same legal issues that the "owner" now gives the answers. Buying an apartment - a crucial step to which man comes gradually. At first, he realizes that it's time to solve their own housing problems, then think about its capabilities, and then proceeds to action. This deal is for many the only one in life, so many of the issues of concern. Each buyer pays particular attention to legal safeguards and reviews all disputed issues in the contract, but the legal literacy campaign would not want.

Whether the consent of the spouse to buy a flat?

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Experts of "Metrium Group" point out that if the buyer apartments to execute documents on their own, then it should not forget the need for written consent of the wife to buy an apartment. It is required by article number 35 of the Family Code. General Director of "Metrium Group" Litinetskaya Maria explains: "According to the Family Code, in the absence of documentary evidence of the consent of the other spouse to the deal, Rosreestr has reason for refusal. Therefore, we always recommend to pay attention to the requirements of organizations who conduct legal due diligence and record deal to buy an apartment on the ground. For government agencies having this document carefully. Almost always when you try to challenge the refusal of the buyer, the courts side with government officials. "

Can I use when buying a flat maternity capital?

Maternity capital is obtained after the second child, and this money can be used to improve living conditions, that is, to buy a home. It should be noted that these funds can be used in the calculation of the seller, with the developer, and even with the creditor bank. Experts' Group Metrium "point out that such operations are strictly on a cashless basis that housing should be in the territory of Russia, as well as its design necessarily the property of not only parents, but also children.

"But in practice, when you contact the bank to take advantage maternity capital is difficult - says Maria Litinetskaya. - If parents want to send a young mother's capital on the part of a down payment, which often happens, not all banks are on it. The fact that the pension fund transfer money within two months, which will not benefit either the developer or the bank. Therefore the most common offers banks to repay part of the maternity capital already extended credit, which means that a young family will have to save up for the down payment itself. " It is important to remember that these tools can not only pay off the principal debt, and interest thereon. However, the mother's capital does not extinguish penalties and interest.

Risks associated with building a house on the plot being in long-term lease

For Moscow, this situation is the standard, the buyer with no risk. Maria Litinetskaya notes that the landlord receives an automatic right to lease the land for as long as there will be a house. "Rent it is established by law, and may be reflected in the form of land tax. If the land was originally owned by the developer, not the city, the tenants pay the property tax, so one way or another from the annual payments do not go. "

Why in the contract does not specify the property area balconies?

According to the Housing Code of the balconies, loggias, verandas and terraces are not the total area of ​​the apartment. They are not counted in calculating the amount of utility bills. The certificate of ownership of the apartment is also recorded only usable area. However, when you enter the house in operation bodies BTI do measure, and then give the technical passport of the building, where there are specified areas balconies, verandas and terraces. The difference between the areas specified in the certificate of ownership and the cadastral passport can be from 3 square meters. m and above.

Maria Litinetskaya says that some buyers this discrepancy is alarming, but all of these conditions stated in the DDU. "Every time when signing developers warn that the certificate of title to the apartment total area will not include balconies and loggias, and, therefore, no cash refund will not be performed."

When you need to start paying maintenance services?

Experts' Group Metrium "note:" If the house is purchased at 214-FZ, the dispute between the buyer and seller of real estate may be the payment of utility bills. In the agreement the equity has a point, according to which the transfer of the apartment from the developer to the buyer (and the signing of the act of transfer), the client is obliged to make monthly utility bills and maintenance management company. Moreover, this obligation arises to obtain the right of property. " This requirement is consistent with the Housing Code, but the offer to pay for services in advance, that is to say up front is illegal.

This is a basic list of legal issues, which are often given buyers. However, the experts' first building trust "indicate that many customers concerned about the status of the acquired property. Though many claim the popularity of the apartment, most buyers want to buy exactly the apartment where possible registration. In addition, buyers seek to purchase the apartment where possible flexible layout, which is secure home ownership, parking and infrastructure. Also, many are interested in the system of payment by installments. However, this is the particular issues that depend on the client's preferences and capabilities.
Content tags: Tips on Real Estate
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