7 problems when buying an apartment on the secondary market, which are easy to avoid
A Life / / January 06, 2021
Olga Bazhutina
General Director of the company "Mortgage. Center». Work experience in the field of mortgage and real estate - 17 years.
In various sources, you can find advice on how to choose the location of housing and the developer, calculate the loan amount, but sometimes the process of preparing for the transaction itself is overlooked. And this can be the most difficult part of the entire purchase.
We analyze common problems that can arise if you do not approach the conclusion of a deal carefully.
1. After the completion of the transaction, the apartment began to look different
At the final stage, before buying, you meet with the seller in your future apartment or house. Everything is fine, you are happy and waiting for the move, imagine how beautifully you arrange the dishes in the kitchen and hang the curtains in the living room, and place an armchair and a lamp in a cozy corner next to socket.
The deal goes through, you drive into a new house and find that all the sockets have been torn out by the roots, the baseboards are ripped off, the wallpaper is scratched, and all the beautiful cabinets and bedside tables have been taken out. You see bare walls and understand that you will have repairs and additional expenses.
How to prevent
The contract must additionally state what remains intact after the keys are handed over and the previous owners leave. For even greater reliability, you can attach photos of the apartment to the document at the moment when you made the decision to buy and signed the papers with the seller. In this case, when you receive the keys and enter the apartment, there will be no surprises for you.
2. The past owner is in no hurry to check out
You bought an apartment and really want to close the deal and move to your new home as soon as possible. In addition to the seller, it contains registered a few more people, and the former owner does not have time to check out everyone from the apartment. You agree that they will be deregistered within a month. A month or two passes, people don't check out, the seller doesn't want to get in touch.
How to prevent
It is best to wait for the full legal release of the apartment before buying. But if you are in a hurry, then be sure to fix in the purchase and sale agreement the dates when everyone registered in the apartment will be removed from the register.
If problems do arise, there is no need to be afraid: you can always dismiss outsiders through the courts. Competent lawyers will help.
3. After signing the contract and making an advance, the seller refuses to sell
The agony of choice is over: you have selected an apartment that suits all parameters, started preparing for the deal, either on your own or through realtor have applied for mortgage approval. And suddenly the owner says that he has changed his mind to sell the apartment. Or he found a buyer who is ready to purchase it on more favorable terms: for example, he pays in cash. The landlord returns the advance payment and literally slams the door in front of you.
How to prevent
The advance agreement additionally states that after receiving the deposit, the seller of the apartment guarantees that it is assigned to you, and in case of violation of the terms of the contract, he not only returns the advance, but also pays you forfeit.
It is clear that situations can be different and it is impossible to provide for everything within the framework of the agreement. But you will receive an additional guarantee of the decency of your seller: few people want to pay the penalty.
4. The deal is invalidated due to health problems of the seller
All stages of the transaction are completed, you move into a new house, settle in and find out that the transaction turned out to be invalid: the seller or one of the sellers (if there are several owners of real estate) by a court decision limitedCivil Code of the Russian Federation Article 17. Legal capacity of a citizen in legal capacity due mental disorder. You can imagine what horror and problems await you after such news.
How to prevent
Even if the seller does not arouse your suspicions, looks great and communicates adequately, be sure to ask for certificates from the neuropsychiatric (PND) and drug addiction clinic (ND). It may seem to you that it is ugly or inconvenient to ask for such documents, but the data of the certificate is a standard request in real estate transactions. Remember that you need to first of all exclude all personal risks, insure yourself and foresee everything.
5. The transaction is invalidated due to the inadequate state of one of the participants
You come to the deal, start the process of signing the documents and understand that the seller is strong drunk. Together with all the participants, you decide to wait a couple of hours for him to come to his senses. After a while, you gather again, sign the documents. Hurray, it's all done, you get the keys. But after a couple of weeks, the seller declares that he was drunk and does not remember anything: the deal is invalid, you must return the keys and move out of the apartment immediately.
How to prevent
If during the transaction one of the participants is under the influence of substances that alter consciousness, it can be recognizedCivil Code of the Russian Federation Article 177. Invalidity of a transaction made by a citizen who is unable to understand the meaning of his actions or to direct them invalid. To prevent this, pay attention to whether the behavior of the seller differs from the usual one - which you have already observed during the stages of preparation for the transaction. If you understand that the person, for example, is drunk, then postpone the transaction to another day. Even if this seems very inconvenient, it will definitely save you from potential problems in the future. Get a good sleep before the deal and do not take anything "for courage."
6. The seller and the buyer have a disagreement due to additional costs
You started the deal, took into account various details, paid for the assessment and insurance. And at the same time, you need, for example, the services of a realtor or a lawyer to add additional clauses to the purchase and sale agreement. Or you are transferring money through a cell or letter of credit. A dispute arises between you and the seller about who should cover these costs.
How to prevent
Agree in advance with the seller who and how will bear the additional costs. It is best to fix them in an advance agreement: you will save your nerves, do not spoil the relationship with the seller, and do not overshadow the joy of buying a home.
7. Payment method not agreed in advance
You go to a meeting, carry money in your bag, because you think your salesperson will like seeing cash better. However, during the transaction, it turns out that he wants to receive payment to the account or put it in a cell. It may turn out that you cannot immediately order a cell from the bank, since there is no such service in the branch where your transaction takes place, or all cells are occupied. Or you cannot immediately find out which account to put money on for transfer, as a result the transaction is postponed.
How to prevent
Agree in advance with the seller how the money will be transferred during the transaction: through a safe deposit box, letter of credit, escrow account. Safer and calmer for all parties are considered cashless payments. If you are going to pay in cash, think in advance how best and safer to do it. It happens that a bag of money is accidentally lost on the road or left in a public place.
Check list
This short checklist will help you make sure that you are not missing out on anything important when preparing for such a significant event as buying an apartment.
- Take into account in the contract and fix in the photo in what form you receive housing.
- Check the people registered in the apartment before drawing up the sales contract.
- When preparing for a deal, take into account all the risks in the advance agreement, and not in words.
- Ask the seller for information from the PND and ND.
- Discuss additional costs in advance.
- Decide in advance on the terms of mutual settlements.
- Make sure that all participants in the transaction are aware of what is happening.
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