What you need to pay attention to when buying an apartment
by Kate Summel Sport
Acquisition of an apartment is a crucial step for the buyer, who must be approached with the full degree of responsibility, because the euphoria of a wonderful and long-awaited housing can very quickly end if it turns out that the apartment is at risk and can be lost. And not only because the real estate object is being sold by fraudsters, but also because there are prerequisites for the termination of the property rights of the real estate seller and, accordingly, the termination of the property rights of you as a buyer. It should be noted that the institution of a bona fide acquirer, as almost all realtors assure, in our country, does not act in the interests of the buyer, but in the interests of the previous owners.
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First. It is necessary to pay attention to the cost of the apartment sold to you, if it is at least 20% lower than the market price, then the purchase should be taken especially seriously. As practice shows, in order to sell "not clean" housing faster and more securely, unscrupulous buyers reduce its cost. This has a hypnotic effect on customers, and many forget that free cheese is only in a mousetrap.
Second. If they hide from you who is the owner of the apartment, or the apartment is offered to be sold by power of attorney, this is either a harbinger of a problem transaction, which must be abandoned immediately, or the transaction should be approached again with a special, thorough check. It is necessary to verify the authenticity and validity of the powers of attorney, as well as the history of the apartment in terms of the previous owners and their fate.
The third thing to pay attention to is the number of sales of this apartment. The more owners a home had in a short period of time, the more this should be alarming.
Fourth. The owner and the persons registered with him are the circle that should interest you directly most of all. Pay attention to what the owner is - try to determine if the owners of housing are at risk (alcoholics, drug addicts, persons, mentally ill), because this in the future can bring problems, and even to the termination of the transaction.
If there are persons registered in the apartment who cause concern (age, state of health), and who previously were the owners of the apartment and transferred it to your seller under a gratuitous transaction, then in this case they are also subject to a complete and thorough check, because at their request, the apartment can be taken away from you, the new owner, in a judicial proceeding, by virtue of the court's recognition of the previous transaction as invalid.
Fifth. It is necessary to study the documents of the BTI If a redevelopment has been carried out in the apartment, then, without having the BTI documents, you, the buyer, will never know about this without studying the technical passport, and these documents are not at all obligatory for the purchase and sale agreement. However, in the future it will not be very pleasant when you have to spend a lot of money on paperwork. It should be noted that often redevelopment and re-equipment are carried out in such a way that several tens of thousands of dollars will be required to legally approve them.
Sixth. The real cost of the apartment, which is reflected in the purchase and sale agreement. It is no secret that in order to avoid taxes, sellers reduce the cost of the property being sold. So, if for some reason your transaction is invalid or canceled, then you can get back only the amount specified in the contract, but not the entire cost of the apartment. To avoid these risks, it is necessary to transfer money correctly with the correct execution of receipts.
Seventh. On the extended history of the apartment in terms of registration in it and extract, which is subject to research. It is necessary to establish the presence or absence of minor children staying in the apartment, when and where they left. If the children were registered in social, orphanages - this is a 100% illegal deal for the sale of an apartment. The prosecutor's office, guardianship and guardianship authorities monitor such living quarters and return them to the children through the courts. However, given the speed of work of our government bodies, as practice shows, it is mostly innocent buyers who suffer.
Eighth. If the owner is or was married, it is necessary to check the term for the conclusion and dissolution of the marriage, the date of the purchase of the apartment by the owner and the grounds for its acquisition. If the apartment was purchased during marriage and both spouses have rights to it, regardless of whom it is registered to, then the consent of the second spouse must be required to sell the apartment you are buying. Otherwise, you will need to share the apartment with the seller's spouse.
Ninth. It is worth paying attention to the fact whether someone was discharged from the apartment being sold in connection with serving in prison. The law secures the rights of such persons to living quarters, and those who have returned from places of deprivation of liberty have every right to register in an apartment and live in it.
Tenth. You should also pay attention to whether the apartment you are purchasing was inherited by the owner. If this is how he received it, then it is imperative to check on what basis - whether it is a will, or inheritance by law. This must be done in order to know from what other heir one can expect an appeal to the court with a demand to restore the missed term for entering into the inheritance. In such cases, an agreement should be signed with the owner of the apartment being sold, in which he undertakes in the future, in the event of the appearance of other heirs claiming the inheritance and restoring their rights to it, to transfer them a proportional part of the amount received for the real estate.
Eleventh. An important detail is information on the existence of a dispute for the purchased property between interested parties, as well as certain encumbrances on this apartment. Information can be obtained upon request from the Civil Affairs Office in court at the location of the property.
Created on Sep 24th 2021 13:51. Viewed 272 times.