The real estate market works set realtor agencies ready to help make the transaction. Moreover, not all companies are ready to give assurances as to their own services and for legal clarity of the transaction.
And because people trust the realtors the most expensive property - real estate. Meanwhile, guarantees on the market of real estate services exist, and it is useful for them to pay attention when choosing the agency and the design contract.
When you select a realtor agency client must first determine whether the agency is guided in its activities by any professional standard. Main answers to this question may be three:
1. Real Estate Firm to be the national standard "brokerage services in the market. General requirements." This standard is the basis for a system of voluntary certification of real estate services of the Russian Federation and is registered in the registry for the State Standard of Russia No. ROSS RU I046.04 RN00. Its use is mandatory for companies participating in voluntary certification system. However, no limits and for voluntary use of the standard realtor firms not involved in this system.
Despite the fact that this standard describes a general approach to real estate services, its use still allows us to establish minimum acceptable list of requirements, failure of which creates additional risks to consumers. This is a fairly large document, which is available on the website of the Russian Guild of Realtors. If the real estate agency says about its operation of a national standard, consumers should make sure whether this statement is reflected in the contract to provide real estate services offered by the conclusion.
2. Real Estate Company is governed by the proper standard. This option may well be combined with the previous one. If an agency bases its work on its own standard, consumers should check as to whether this standard to its interests and does not contradict the text of the requirements of national standard. You also need to be obtained from the official text of the internal standard, so that in case of disagreement to be able to refer to it as during the negotiations and in court.
3. Any standards of real estate agents are not regulated. In this case, the consumer must realize that any regulated procedure for providing real estate services in the activities of such real estate agency is absent. Of course, this does not mean that real estate services will be rendered certainly bad. However, if it really is so, opportunities to encourage careless realtor "to order" based on any established rules, the client will not.
Contract with agency
Particular attention to the client agency realtor should be paid to the text of the Service Agreement, which real estate company offers for the conclusion. In particular, you should verify that the item in the contract, stipulating responsibilities of agencies to carry out due diligence of the property, as well as the preparation and conduct of the transaction. If these responsibilities are not clearly reflected in the contract, the client should understand that under no obligation to conduct legal review of the object, and to ensure the reliability of transaction agency before it can not be held.
Separately, it should be clarified that is the moment of completion of service. Often, contracts of real estate agencies are structured so that the final action of the realtor, after which its obligations are exhausted, it becomes a fact filing of transaction documents for state registration. That is, it may be, so that all subsequent actions (obtaining documents, the physical release of apartments, an excerpt from her statement and be registered at the new place of residence, the actual transfer of the apartment by the seller to the buyer), the customer will have to make yourself: it is formally realtor with all its obligations have fulfilled.
Bona fide purchaser
It is also important to note that an application to estate agency a client interested in purchasing an apartment, it should provide a guarantee of its subsequent recognition of a bona fide purchaser.
"Bona fide purchaser" - a legal term, as contained in Article 302 of the Civil Code and characterizing the buyer as the person who made the purchase of property from a person who had no right to alienate it, as the acquirer did not know and could not know. That is, the legislator assumes that the bona fide purchaser has taken all necessary and sufficient for the manifestation of the so-called "reasonable care". In particular, the time bothered to check the issue "legal purity" of the acquired property and ordered the professional market operator holding the relevant expert work.
Possession of the status of a bona fide purchaser is a buyer`s extremely important, if in future there are any legal proceedings related to the transaction. In connection with this customer to confirm the status of a bona fide purchaser is very useful not only have a contract with the realtor company that contains the item with a commitment to spend the last legal expertise, but also a formal written opinion on the results of such examination.
Alas, in practice, very few real estate agents give similar conclusions to their clients.
Typically, the examination procedure looks for a buyer like this.
"Wait - the agent says his client. - We need time to check out the" legal purity "of the chosen apartment.
And the client begins to wait. Takes time, and this agent was pleased to report: "Testing is over, all right, we can take."
Both the client satisfied with this answer orally, makes the acquisition. But words, as you know, irrelevant prishesh. And in the case of subsequent legal proceedings the lack of buyer`s written confirmation of the results of an agency review of an object can play a cruel joke. Therefore, we strongly recommend that consumers before the conclusion of a real estate agency contract for the provision of services to find out whether or not granted based on results of testing facility a written report of its findings. And if the answer is "no" better think well before you enter into a contract.
And another important aspect. If, after the transaction turns out that realtor during check something "to miss", and the apartment there litigation, the existence of a written opinion allows the client to present real estate claims and claims for damages.
Realizing this, most of the realtor companies are trying to disown issuing a written opinion. However, a client of this reluctance is hardly "easy." Therefore I repeat: whatever realtor said the series "15 years, we are working and no cases have not been" in this issue should take the principles and refuse to extradite a realtor a written opinion on the audit results search for another real estate agency.
At the end of touch on the issue of guarantees customer support after the agency providing the service. Such support may be needed to the client if the transaction after someone to present a claim to it in order to challenge the legality of the acquired property rights. The current practice of most modern real estate agencies is that no guarantee of receiving such support, the client is not available.
Accordingly, the probability that a real estate agency will protect the interests of his client until the end, is to put it mildly, problematic character. Of course, such a conjectural for the consumer does not increase the value of real estate services. However, the market in general at present the situation looks exactly like it is.
Meanwhile, long ago the real estate market developed and put into practice a tool to guarantee after-sale customer support. It is called "Warranty". His main point is that the outcome of care the client receives from the real estate agency in the event of a formal commitment to the future of any problems at their own expense to ensure competent legal protection of property rights as a customer at the pretrial and trial stages in a possible trial.
Of course, the assumption of such obligations created for realtors, some risks and costs, primarily related to the cost of really high-grade and pre-qualified legal examination of the object. That is why such a commitment, with rare exception, are taken very reluctantly. Of course, the approach of "deal is done, payment is received - and then the deluge" for a realtor is much more convenient. However, from a consumer perspective, this approach is unlikely to look attractive, and for bona fide professionals it is unacceptable.
When concluding a contract with real estate companies need to pay attention to several factors:
1) whether the agency is guided in its activities by any professional standard;
2) includes a contract to provide real estate services paragraph stipulating the obligation to carry out due diligence of the property, as well as the preparation and conduct of the transaction;
3) Does the realtor a written report on the results of the examination of the legal purity of real estate;
4) whether prescribed in the contract time of completion of delivery of real estate services, which includes legal and physical release of the actual transfer of flats and apartments by the seller to the buyer;
5) whether the agency is ready to give real estate the official warranty.