How to check the "cleanliness" of the apartment when buying yourself? What should be checked when buying an apartment?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

When buying a home on the secondary market, there are numerous risks, and therefore it is desirable for the buyer to know how to check the "cleanliness" of the apartment on their own when buying. The main thing is to avoid the main, largest risks, information about which this article contains. First of all, it is required to exclude the possibility of contesting the transaction and the right to the apartment, and therefore the recommendation on how to check the "cleanliness" of the apartment yourself when buying will be submitted in the most detailed way.

First steps

First - the authenticity of the documents that the seller provides for review. This must be checked especially carefully, otherwise it may subsequentlyreveal claims to this living space of completely third parties. Here it is necessary to take into account that there are a lot of situations with documents accompanying the purchase of housing, and it is very difficult to give a single recipe regarding legal issues on how to check the "cleanliness" of an apartment when buying on your own. However, you need to secure the transaction to the maximum, and therefore it is better to take all the steps recommended for checking documents. Of course, it is necessary to check the legal "purity" without going beyond the bounds of reasonableness, but maximum information must not only be obtained, but also evaluated, and it should concern both the apartment itself and everyone involved in its property and status.

Of course, it would be much more convenient to turn to professional lawyers, but we are faced with another question: how to check the "cleanliness" of an apartment when buying it yourself? In principle, this is reasonable, although more troublesome. Moreover, the help of a professional can only increase the reliability of the transaction, but it cannot guarantee one hundred percent success. In extreme cases, you can insure the title if there are still concerns. Insurance companies are usually quite willing to accommodate.

New building and "secondary"

If the housing is in a new building, you need to know how to check the developer when buying an apartment. Here, the reviews collected on special sites on the Internet are most helpful. Of course, you need to distinguish honest reviews from the intrigues of competitors, but this task is not so difficult: if there are no numbers,dates, names, specific facts, you should not pay attention to such information. It is also good to track the deadlines for delivery of other objects (usually such information is available) and read customer reviews. There are many ways to check the developer when buying an apartment.

And in this case, when housing is bought in a new building, the verification of documents must be thorough, even if this sale is from the developer. Secondary housing, of course, will require a lot of effort, since new buildings do not have such a rich history of registrations, extracts and changes of owners. But even here, even after a thorough check of the legal "purity" of real estate, which is made in accordance with all the rules, the likelihood of deprivation of the purchased apartment remains. If the seller is able to prove that his rights during the purchase were infringed, for example. But if secondary housing is bought, the disassembly will take place not only with the seller, but also with the owner, who owned this apartment before him. You will probably have to go through a whole series of litigation. It takes a long and difficult time to check the legal "purity" when buying an apartment on the secondary market: this is the authenticity of all documents, this is an assessment of the legal status of real estate, this is an analysis of the possible risks associated with this purchase.

Documents

The legal "purity" of the apartment can be checked, making the transaction as secure as possible when buying any real estate. The following documents must be requested from the seller.

1. It is best to start reading the documentation with a certificateon state registration of rights, as well as related to it: contracts for the sale and purchase or inheritance, donation, privatization, and the like.
2. The second step will be to study the USRR statement. It is in the Unified State Register that contains all the information about any transactions with this property.
3. The third step is an extract from the house book to make sure that there are no registered tenants in this living space. Such an extract can be ordered at any multifunctional center. The document must indicate that all those who previously lived in this apartment were deregistered.
4. Help - also from the MFC - will answer the question of how to check debts when buying an apartment, since the presence of any utility debts is indicated there.
5. A certificate from a seller from a neuropsychiatric and narcological dispensary is required.

Details

How to check if there is an arrest on the apartment? From the EGRP extract. It says, if it's a simple statement, whether the seller is the owner. And in the extended version of the extract, there is the whole history of this apartment from the first entry in the USRR. It indicates who was the owner before and how often it was sold. However, one cannot limit oneself to this statement. How to check if an apartment is mortgaged upon purchase? Often, housing is sold by proxy, and therefore the owner practically does not take part in the transaction. This is a very risky situation. Quite often, such documents are obtained by dishonest means.

Therefore, all that needs to be checked very carefully when buying an apartment is the documents of the direct owner of the home. To do this, you need to ask a trusted person for a contact and contact the owner so that he confirms that the apartment is for sale. Next, you need to check the "Encumbrance" column in the USRR extract, which contains information regarding the status of the apartment - whether it is pledged. If the property is sold immediately after the inheritance, it is better not to buy it. Within three years, new heirs may appear who will challenge this deal in court. Also, according to the extended version of the USRR certificate, it can be established that, for example, the mortgage for this apartment has not been paid to the end.

What to pay special attention to

The first thing to look at is the price. If similar apartments are sold more expensive, this should be especially alarming, and only with great interest in this property, you can continue to check its "cleanliness" in legal terms, and do this much more carefully than previously thought. The seller needs to be asked meticulously and seek details: not only who owns this apartment, but also when, how and from whom it was purchased, why it is being sold again, whether the apartment was involved in litigation. Then check what was said on the documents. From here it will be clear how truthful the seller is, since you will have to deal with him as a counterparty. But how to check the seller of an apartment when buying otherwise?

Be sure to pay attentionhis passport and other documents relating to the apartment are checked: on the basis of which the property was registered, where, when a certificate was received registering the right to it. Be sure to take copies for re-examination, but check the originals for the presence of seals, signatures, watermarks and everything else related to a government document. Also be sure to compare the copies with the original. They may well submit completely different documents. The information presented on paper must match the oral story of the seller. How to check the heirs when buying an apartment? No way. It is best to buy it when the right is approved after three years from the date of inheritance. How to check an apartment before buying through Rosreestr? It is said above that at the MFC you can order and receive absolutely any documents related to real estate.

More information

Before receiving and examining the documents, neither the advance payment nor the deposit can be transferred to the seller, since the former owner can keep the original certificate and contract, even having already sold this apartment. It is imperative to find out documentedly whether the seller has dependent citizens, underage children, whether the seller is now married and whether he was married at the time he bought this apartment, and most importantly, whether he acts personally, or through a proxy.

It is impossible to conclude a deal without talking with the owner personally. It is better to draw up a contract with the owner, and not with a trustee. A significant number of fake transactions are under thean excuse that the owner is absent: in another city, in another country, and so on. The power of attorney may be fake. If the trustee does not want to show the buyer the owner of the apartment, this should be suspicious, and the reasons here are completely irrelevant. It is also unlikely that the notary who issued it will be able to verify the authenticity of the power of attorney, because notaries do not respond to such requests.

Guardianship authorities and certificates of legal capacity

If minor children were registered in the apartment for sale, you must require the written consent of the guardianship authorities, otherwise the deal cannot be concluded. If the seller himself is recognized as officially incompetent, his affairs are entrusted to a guardian, and only to the one appointed by the guardianship authority. From the documents, you need to check the court decisions on the first issue (on incapacity) and on the second issue (on the appointment of a guardian). And to make the transaction itself, it is necessary to obtain the consent of the guardianship authorities. The risks of such a deal plan are so great that most often the buyer refuses to purchase such housing.

But an even bigger problem is the situation when the seller is not recognized as incapacitated, but constantly or at times is in a state of inability to understand the meaning of his own actions (this definition is derived by law). It is quite difficult to calculate this state by eye even with repeated personal meetings. Therefore, just in case, you need to ask for a certificate from a psychiatrist, dated the day of the transaction. The solution may also be to invite a psychiatrist friend to a deal as a relativeor a friend. However, it is simply unrealistic to secure such a deal from all bad cases. Even concluding a deal with a notary, the full success of this enterprise may not be achieved. Therefore, it is better to abandon the dubious enterprise, since today the supply of real estate is almost three times higher than demand.

On official websites

You need to go to the official website of the district court to which this housing belongs, and type in the search the names of the seller and his predecessors - the owners of the apartment. The same principle applies if you need to check whether the sellers and their spouses had any cases in court, and if so, which ones. The main thing is whether the marriage was dissolved and whether the property was divided, whether the owner was recognized as incompetent. The latter is checked at the place of registration, so the seller's passport must be studied very carefully, and then go to the website of the court where this person is registered or was registered.

The judicial system is not yet set up so that you can find all this in a couple of clicks, unfortunately. Arbitration courts also have an official database. There you need to establish whether the seller has been declared bankrupt. If it was, then this is necessarily reflected in the arbitration court of the city where it is registered. Through an open official database of online enforcement proceedings, you need to find out if the owner of the apartment or his spouse is a debtor and if a case has been initiated against these citizens.

According to statements and references

On the owner's card, that is, an extract fromhouse book, you need to establish who is registered in this apartment, including (and especially) those who do not live there. A utility bill must also be submitted. An ideal option when no one is registered in the apartment, but this is not always the case. If there are persons registered in the apartment, it is necessary to indicate in the contract the period during which they will be removed from the registration register. Those who are registered in this housing space, but do not live there, must present a notarized commitment to deregister before a certain date.

It is better to write the latter out of the apartment before the transaction is completed, otherwise you can stay in the purchased apartment with the "stuffing". In court, cases involving eviction claims are often lost, as this issue contains many unpleasant nuances. A notarized consent to the transaction is also necessary for the owner who is in a registered marriage, which certifies that the spouse is not against the sale of this living space. This is done without fail if the apartment was bought during the marriage, and by the time of the sale the marriage was dissolved. Additional documents are not needed only in cases where the apartment was received as a gift, as an inheritance (more than three years ago!), Was privatized. That's about all the most basic things you need to check when buying an apartment. After receiving all this voluminous information, the package of documents is carefully studied and analyzed.

Legal Status

First of all, you need to evaluate the legal status of this apartment: how and on the basis of what it was acquired by the current owners, when it happened. If three years have not passed since the acquisition, then two problems appear. The statute of limitations has not expired, that is, the deal to buy an apartment can still be challenged by the previous owners. To minimize taxes, the seller may ask you to indicate a lower cost of the apartment in the documents. It is better not to agree, because if this transaction is declared invalid, the seller will not return the full amount, but will return only the one that appears in the contract.

The most unreliable reason for acquiring an apartment by its owner is to inherit it, especially if the three-year period for receiving it has not expired. If a new heir appears in court later than this period, then the risks of the buyer will be significantly reduced. If the apartment was often sold and bought in a short period of time, this is the most telling sign of fraud. It is better to immediately look for another purchase option, since now there are practically no problems with this. The more sales and purchases an apartment has, the uglier its legal history. If the desire to buy this particular living space is truly enormous, then you need to check not only the last seller, but also the spouse and all previous owners for the last five years at least.