What you need to check before you buy an apartment in the secondary market
Right Educational Program / / December 19, 2019
When you make a purchase in a store, it is sufficient that the seller wanted to give you the goods, but you want to buy it. With the real estate increasingly difficult: the transaction can challenge, if it turns out that it is fraudulent or someone's rights were violated in the sale. The buyer in this case will be sad all: evicted from an apartment, the money will have to return to court and sometimes say goodbye to them.
To avoid this, check all the documents - and necessarily original or notarized copies.
1. Extract from USRRE the basic characteristics of an object
This is a very important document with information from the Unified State Registry of real estate, which will give you a lot of useful information.
All they have to agree on a deal, otherwise it can be challenged.
Is there any encumbrance
The object may be pledged to the bank because of the mortgage, Leased to the registration of the contract in the Federal Property Management Agency, was arrested for debt. If yes, the owners have no right to dispose of it. The transaction will be void.
What are the characteristics of the apartments
In an extract from USRRE be prescribed the exact address, cadastral number, area. publish the technical plan of the apartment on the last page. You can estimate the yardage rooms and noticed the presence of alterations. The latter is especially important if you make out a mortgage - it can not endorse.
With a number of owners own apartment
Compare it with the date in the title documents (of which below).
On the basis of the document owner owns an apartment
In some cases, the risk is initially higher - this is also the point of the title documents.
Extract from USRRE you provide owner. Its stripped-down version, you can get yourself.
To do this, you need to order an extract on website Rosreestra. For providing a document in electronic form will have to pay 250Getting information from USRRE rubles. must be to order and a statement of the transfer of rights to real estate - it costs the same. In this document you will see how often and on what grounds the apartment changed owners.
If in the past year or two property passed from hand to hand several times, it is an occasion guard. Usually this mask fraudulent transactions. If the owner can cheated through the courts to challenge the chain of transactions, the apartment be returned to him.
2. owner / s documents
If the owner of an adult
Let's say, six months ago, the owner changed his passport, saying the police that old I lost. And now he is trying to make a deal with an invalid document, then to her challenge. It is fraught with problems.
So with the help of a special service Ministry of Internal Affairs to find out if the documents are valid.
Series, number, place of birth and address of the registration will be necessary to compare them with the data, which are specified in other documents (it is important that all the same). If the owner during this time managed to change the passport, the previous instance of the data listed on the last page of this.
Note the name, surname and patronymic discrepancy at least one letter in different documents - an occasion to ask the owner to bring uniformity to the paper. Otherwise, it may be cause for litigation regarding the validity of the transaction.
One spouse can not dispose of illegally joint property without the consent of the other. Such a transaction is easy to dispute. So it is important to find out is whether the owner is married and with a number. This information is useful to you, when you will go to a title document.
If a person got an apartment through inheritance or as a gift, the presence of a spouse does not matter. Such property is not considered to be jointly acquired.
But if you are dealing with the contract of sale, pay attention to the date of its conclusion. Apartments, acquired before the marriage, the owner may freely dispose of. If he bought it after the wedding, in the package of documents have to be notarized consent of the spouse to sell. Theoretically, it can be replaced marriage contractWhich solely provides for the right to dispose of the object owner. But with the consent of still calm: the marriage contract is sometimes disputed.
If the owner of an apartment in a divorce, and the apartment was acquired during the marriage, it can still be considered joint property. Here it is necessary or consent or a court decision on the section under which the property Send the person with whom you want to make a deal.
Information about children
By itself, it will not tell you anything. But if the owner has children, it is an occasion for additional checks and the requirements of the new documents.
If you buy an apartment in the mortgage, for its repayment can use the maternity capital. This imposes an obligation to allocate the share of children in the apartment. Therefore, if among the owners appear only parents, this was not done. Subsequently, the transaction may be challenged.
To avoid this, ask the owner of a certificate from the Pension Fund, that the maternity capital was not used to repay the mortgage.
If the owner of a minor
Children up to 14 years, review the birth certificate, over 14 years - a passport. Compare the data with what is specified in other documents.
If the owner - a child, to sell an apartment just his legal representatives can not. Requires the consent of the guardianship for the deal. And if the owner of the apartment more than 14 years, and its resolution.
3. Legal documents
Name of the document on the basis of which the holder has acquired the right of property, is in the discharge of USRRE. It is worth to look at it closer.
Contract of sale
Everything here is simple: if the current owner bought the apartment from the previous one, it is confirmed by the relevant agreement. If you have an excerpt from USRRE about transfer of rights to property, compare the Seller data from those referred to in the document. Ask also show an act of reception and transmission apartment and Seller receipt for the money. So you make sure that the previous owner has no claim to the present.
If the property was bought in the mortgage, you can ask the help of its repayment.
In general, the absence of charges in the statement of USRRE eloquently says that the loan repaid. But once any document can be verified, it would be strange not to mention it.
Contract equity participation in the construction of
If the owner acquired the property under construction in his arms is precisely this document, and after putting the house - and even the act of reception and transmission apartments.
Certificate of inheritance
For transactions with such property there is a risk that suddenly announced deprived heir and try to challenge the transaction. In this case, the more time has passed since the inheritanceThe lower the risk to plunge into trouble. It is better to consult a lawyer before buying.
deed of gift
donated property acquisition risks are also better evaluated together with a specialist. Lawyer to find out whether the form and procedure of the transaction, whether the owner has a legitimate housing are met.
Contract transferring the apartment to the property
It is issued if the owner of the privatized apartment. In transactions with the real estate there is a caveat. If a person is registered in the apartment, refused to participate in the privatization, he gets a lifelong right to live in it as long as it comes off from the register voluntarily. Otherwise, it can not be evicted, even through the courts. So it is important to make sure that he was discharged before the seller gets the money. Or you risk to buy an apartment together with the tenant.
There are other kinds of legal documents such as the court's decision, according to which the owner owns the object. But with them it is better to contact a lawyer if you do not want problems.
4. Certificate of registered in the apartment
The point of the transfer agreement apartment in the property, we are already partially touched upon the importance of knowing who is registered in the apartment. Now consider the question in detail.
In addition to refusing to privatization, the risk for your transaction and comfortable stay in the purchased apartment tenants are such:
- discharged from the apartment to undergo compulsory military service or treatment in a sanatorium;
- removed from the register due to serve his sentence in prison;
- declared missing;
- minors are sent to a boarding school.
On their return they will registered at the previous place of residence - that is you. To evict them through the courts may succeed, but it will take a lot of time and effort.
Separately note discharged minors to ask whether to give permission to do service care.
To understand the nuances, you need to see a few references. It is better to be in the moments when the owner receives them, to ensure the authenticity of the documents.
Certificate of Registration on Form 9
It contains data about everyone who is registered in the apartment right now.
Archival information on the registration form 9
In this version of the document shows the evolution of the residents registration: who was registered before, whom and when discharged. Very useful document, but there is a nuance. It often refuse to give any third party, including the current owners of the apartment, as it contains the personal data of the previous tenants. If the archive "nine" could not be obtained, will have to work with what we have, and go directly to the form 12 certificate.
Information about the removal from registration of certain categories of citizens
the form document 12 contains data written out of the apartment if someone from tenants who could theoretically be a source of problems. Ideally, if there is a "no" in each box. Otherwise we will have to find out more information on each person separately, and then abandon the transaction.
5. Certificate of legal capacity
If you later find out that the seller is not staying Clean and Sober, the transaction invalid. Particularly strong you risk if the seller is an older, but in general it is impossible to insure against this. For example, a cunning lawyer can prove that the owner is temporarily not yourself because of medication from any cold because of the annotations Set a side effect.
To avoid this, ask the seller to help bring a deal from a psychiatrist and the psychiatrist that he was sane, and not worth on the account as a drug addict.
If there are good reasons to doubt, invite a licensed specialist for examination directly on the deal.
6. Information on the debt for capital repairs
Everything debts for utility services remain behind the former owner of the apartment. Exception - overhaul. If the seller does not pay for it, you will get debt. Check for the latest possible platozhke. If you do not trust, ask for a certificate from the management company.
7. Power of attorney
It is best to enter into a contract of sale directly from the owner. But the owner is not always present on the deal. In this case, he may issue a notarized power of attorney for the person who will represent him.
Deal with this document are not safe, too many risk factors. If you still decide to take such a step, check the following:
- A power of attorney gives the right to sell the apartment, on behalf of the owner.
- authentic document - you can find out on website Federal Chamber of Notaries.
- The term of the power of attorney has not expired.
- It is true given the passport and other data.
- The owner is alive and sane - here to help video and help from the psycho-neurological clinic.
But even if everything is in order, think three times before deciding on such a deal.
- Check all the documents. Do not be afraid to be intrusive or boring: you risk the millions.
- If in doubt, please refer to the skilled person. Better to be alarmist, than to remain without an apartment and money.
- In case of doubt with every step does not disappear, but grow stronger, refuse the transaction.
UPD. Text updated November 17, 2019: it added more real-time data from trusted sources.
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