Comprehensive verification of the apartment when buying - is it worth it to be so scrupulous?
Continued. Beginning: Part 1. Saga of choosing an apartment 1. Types of houses and apartment choice. Houses made of foam blocks and other buildings - we start buying an apartment with this criterion
For the apartment, the best is the absence of any preliminary stories. This condition is often fulfilled when buying an apartment in a new building directly from the developer, here the risk of being deceived is minimal. However, even in this case, during the construction of the equity share, there are:
- sold( more than once),
- is donated,
- is inherited.
And after putting the house into operation and documenting the documents, the apartment can be transferred under a rent contract. In the apartment of a new building after registration of documents tenants can be registered. A share of the equity participation could be issued not for one person, respectively, and the co-owners of the apartment may be, for example, a husband and wife or three brothers.
So let's look at the general case. Buying an apartment from the shareholder of the new building after putting the house into operation and processing the documents for this apartment in many positions falls precisely in the general category. The difference is that the new building usually still has a "short history".
After putting the new building into operation and processing the documents for the apartment( the procedure for obtaining them will be described below), only the persons indicated in the title deed can act as sellers of the apartment chosen by you.
Special attention should be given to apartments, designed by right of inheritance. In this case, after the sale and purchase transaction, "scrapped" and unaccounted persons can "swim out" with an ardent desire to challenge your rights.
One more thing. Checking the apartment history is better not to trust anyone, even a realtor who has found for you such a wonderful property( although his supportive participation in the verification process is welcomed).Yes, in the case of a lost dispute over a transaction, a realtor may lose his reputation. You - immeasurably more - a roof over your head. And it is very possible, and the money spent, or most of them, so the legal check of the apartment should take place with your curious presence and active participation.
Receiving and checking documents for an apartment in a new building
After completion of all works( and construction and finishing) provided by the project, the developer invites representatives of BTI for measurements and prepares technical documentation for state registration of the house. After the inspection of representatives of architectural supervision( most often in conjunction with a group of not indifferent stakeholders), the developer removes the shortcomings and receives an act on the acceptance of the house.
The latter is sent to the local state administration, which issues a permit to put the house into operation. The house receives a mailing address and access to all city communications. The developer enters into an agreement with the company that will service the house before the possible solution of the tenants for the creation of condominiums. After that, at the meeting with each owner of the apartment, the act of transferring the apartment is signed, and the owner receives the keys.
So, it's done! The owner is awarded for long-suffering, and with his keys opens the door to his apartment. He feels himself a lucky owner of cherished real estate. However, feelings, as it often happens, deceive him. Together with the keys and the act of transfer, he did receive, but only the opportunity to become a happy owner.
He will face the next( uneasy) stage of legal registration. This process depends not only on it and can last for a long time. Sometimes people live for years in the apartments they paid for, formally they are not their owners.
During this period it is impossible to sell "your" real estate in a new building.
Opens the way to the state registration of individual apartments transfer of the developer to the registration chamber copies of the permit for putting the house into operation and a number of other documents. After that the participant of shared construction must submit to the registration chamber:
- an application for state registration on his own behalf;
- document on payment of state duty;
- agreement on participation in shared construction + all additional agreements;
- act of acceptance-transfer, signed by the developer and persons who paid for the construction of the apartment;
- floor plan and plan of your apartment( it is necessary that they coincide);
- a copy of your passport;
- a power of attorney certified by a notary if the owner trusts someone to make all the necessary gestures for obtaining documents.
The period provided by law for the registration of ownership is 30 days in our case. After a thorough check of the submitted documents, a corresponding entry is made in the Unified State Register of Rights, and the owner of the apartment becomes its legal owner.
It is clear that such a complex procedure rarely goes "without a hitch", sometimes the owners of apartments have to enter into ownership by the court decision. The latter, together with the documents from the BTI, is submitted to the registration chamber, and in 30 days the owner of the apartment takes his rights, regardless of the decision of other "upstream" conflicts.
So, only the certificate of ownership granted by the Registration Chamber allows the first owner of an apartment in a new building to sell it, give it, transfer it by inheritance or under an annuity agreement. Do this only those persons that are indicated in the above-mentioned certificate. Next, consider the steps that need to be taken before buying an apartment in a new building.
Checking the legal cleanliness of the apartment and its owner
The absence of the latter and the representation of his interests by a trustee is an occasion for very serious doubts and, possibly, a rejection of the transaction. Especially if the power of attorney for the right to represent interests is registered abroad, because by the time of the transaction it can be canceled.
If you still go on a deal with a representative by proxy, you need to carefully check what exactly a trusted person can do, whether only to enter into a contract or, for example, to receive money for a transaction, etc. It is advisable to visit the notary's office where the power of attorney was issued, and to specify how the extradition process was going on.
But even when the owner of the property is before you, one handshake is not enough. Be sure to pick up his passport and check( with accuracy to each letter and number) the identity of the passport data with the data specified in the title deed. Of course, the title document must be with "wet" seals. No copies at the time of verification are not suitable.
It makes sense and check the passport itself. Having written out the series, the document number, the date of issue, the name of its owner, you can make sure at the passport office that such a document was actually issued. To find out that he was issued exactly to the person representing the apartment as the owner, you can by visiting the passport desk and with the document, and with its owner.
It's harder to know if the owner of the apartment is legal. To do this, it is necessary to check the seller in the psycho-neurological and narcological dispensaries and get relevant inquiries there. If this is not done and it turns out that the owner of the apartment - the client of these establishments or just at the time of signing the contract was under the influence of drugs( such certificates are also provided by the cunning "representatives of the seller"), the contract of sale of the apartment can be terminated.
Our bureaucratic system is imperfect. Therefore, if the owner of the apartment has changed his place of residence, he will have to bypass the dispensaries for all previous addresses. After all, customer data on these establishments may get lost during transmission or even "stale" at one of the addresses.
However, if the apartment is very fond of, you can inspect the seller by qualified doctors when conducting a transaction( in the presence of a notary).If there is an official guardian( trustee), it will be sufficient to obtain his consent, certified by the guardianship authority.
Of course, if the owner of the apartment is not alone, then the presence of all co-owners on the transaction( with their "second halves") or notarized consent for the sale of the apartment by all the above-mentioned persons is necessary.
Thus, it is impossible to conduct a transaction with the owner( owners) of an apartment acting through a trustee, an incompetent master( owners), with a person( persons) whose passport causes suspicion.
Verification of documents when buying an apartment - sometimes lies on the surface of the
Usually a title document is either a title deed or a contract:
- of a sale;
- gifts, exchange;
- on the right to inherit;
- court decision;
As we have already noted, after obtaining a certificate of ownership, an apartment in a new building can be alienated by all of the above methods. General rules for all contracts - they should not contain even a hint of erasure and forgery. Corrections, if any, must be certified by signatures of the parties, certified and sealed with the signature and seal of the notary. Prints can be seen clearly, the style of presentation does not allow double interpretations.
It is almost impossible to distinguish a fake document from an inexperienced citizen. Well, as a person who takes up the document for the first time in the last twenty years, will determine the degree of clarity of the press or the correctness of the form of the treaty and the place of "possible double interpretation"?
Experiments with the definition of "falsification" of documents were carried out more than once. And the absolute majority of ordinary citizens "flew" even at an average level of forgery. Therefore, in addition to the buyer( and even the realtor), documents must be checked when buying an apartment by a specialist in this area - a notary whom you trust and who will conduct your transaction in the future.(We'll talk about the choice of notary.)
After examining the documents for forgery, it makes sense to check, it is better, with the help of a notary, that the documents are registered with the state bodies in the proper way.
We have already spoken about the donation agreements. We add the following example: the person selling you an apartment, received it as a gift or by inheritance not from a close relative, and it happened just recently. The desire to get rid of the recently added "happiness", and even at a low price - an occasion to think well and, at least, to conduct a more thorough verification of the circumstances of the gift / will.
A few words about the rent contract. Under this agreement, the owner of the apartment transfers it to another person, the payer of the rent. The new owner periodically pays the previous amount, according to the contract. The contract of rent is considered invalid if it is not certified by a notary. In addition, the law requires mandatory state registration of such an agreement when the apartment is alienated.
Two variants of the rental agreement are possible:
- with payment of the apartment price;
- without payment.
In the first case, the rent contract is regarded as a kind of contract of sale. The difference is that the sum of the value of an apartment in the case of an annuity is not paid once, but within a certain period of time. Periodic "rental" payments are made regardless of the payment of the cost of the apartment.
The second option does not require the payment of an apartment. Such a contract is considered as a variant of the gift agreement. Rent can be of three types:
- for life;
- a contract for life-long maintenance with dependents.
Without going into further details and subtleties of the rent contract( and there are many of them), let's return to the issue of buying and selling an apartment that the seller received under such a contract. After all, an apartment in a new building can also be transferred to your current seller under a rent contract.
Rent contract - "encumbered" contract. Those.you buy an apartment with a burden of certain obligations. In doing so, you assume all the obligations of the seller of this apartment. Becoming the next owner, you will have to make rental payments, continue to pay the cost of the apartment to the owner who transferred it under the contract of rent - to do everything that is prescribed in the contract of rent. So, before buying such an apartment, it's good to find out whether a deal is profitable for you.
A careful examination of the title deed includes checking whether there are any conditions for it to terminate your future contract. For example, in the contract of sale, which you are checking, a deferred payment was provided. If the person selling you an apartment did not pay the cost of the apartment in time, then this is an occasion to recognize your( future) contract as invalid. And if the deadline for the final payment has not yet come, and the payment has not been made - the seller has not yet become the owner of the property to the full, and accordingly, has no right to sell it.
If suddenly it turns out that there are contradictions between the documents collected for the sale of documents, it is necessary to go through the chain from which these contradictions were born and to receive copies of missing or erroneous documents.
Additional conditions for the transaction( encumbrances or restrictions) may appear. People with the rights to this apartment can "swim".And if this gives grounds to recognize a future transaction as invalid, you need to look for other real estate.
It is necessary to check the documents for the apartment from the BTI with the actual device of its area. Any shifts in the walls, their destruction or completion, even the disposal of the apartment from an unnecessary pantry, is considered an administrative offense. All this can be done only by agreement with the local government. All produced( permitted) alterations must be reflected in the plan of the apartment received at the BTI.
Special attention should be given to the address of the apartment being sold. After all, the contract can specify a building address, which has nothing to do with the postal house, according to which the house and, accordingly, the apartment is registered. It is clear that in this version, the buyer, having paid money, will in the worst case not receive any real estate. In the best of his "load" corner or apartment on the first / last floor, although he watched the most prestigious option.
Scammers go to replace the nameplates with addresses of houses. For example, near the new building, a dilapidated structure clung to it. The buyer, after inspecting the wonderful, newly built apartment, actually signs the contract and pays money for it is unclear what is in the nearby "slum".
Very important point .When you receive all documents( certificates and statements) by the seller, you must be present personally. So, it is very important to carefully check the apartment when buying, made together with experts in this area.
Read continuation: Part 3. Saga of choosing an apartment 3. A deal for the sale of an apartment or how to handle money correctly?
Legal check of the apartment and search for the co-owners of the apartment
All co-owners should be checked as carefully and on all points. After all, the reasons for a possible termination of the deal are equally weighty for all co-owners. Most often, the new building does not have time to acquire the registered and living persons in it at the time of sale, but sometimes it happens, and the buyer should be ready for such a turn of events.
According to the extended extract from the house book it is possible to find out which of the tenants is registered at the moment in the apartment of interest to you, and which of them, at the time of sale, retains the right of residence in it. Get an extract can the owner of the apartment completely free of charge in the housing office at the place of residence. To do this, he must have:
- a certificate from the BTI or a certificate of ownership of the property from the Unified State register of real estate rights and transactions with it;
- is a title document - an agreement, the types of which are listed below;
- passports and birth certificates of all persons registered in the apartment.
Without a full set of documents, GEK's statement is not given - it is necessary to protect the privacy of private information, if available, the statement will be ready within one day. It may be that one of the persons registered in the apartment is absent. And no one knows where this person is during the preparation of documents for the sale of the apartment. Such a person is called "missing".
A person can be absent for various reasons: be on a long trip( with a secret mission or in places of detention), be on long-term care, etc. It is quite possible that the "missing person" after selling the apartment( even after a few years) becomes really present and begins to challenge the transaction.
Even the consent to sell an apartment obtained from the places of confinement does not guarantee the "cleanliness" of the transaction. Often, the "exhausted term" and the released person, declares that the consent he has written was given under pressure and requires a review of the deal. Therefore, the presence of such a person - an excuse to find another apartment to buy.
Our legal check of the apartment before the purchase has just begun! If the new building is already inhabited( at least partially), talk to the neighbors. By the way, in the conversation describe the person with whom you spoke, as with the owner of your future apartment. At this stage, very interesting information can appear.
Be sure to specify if the seller has a civil wife( civil husband).Legally, she( he) can not be involved in the transaction, but in fact after it can demand its cancellation. And such cases, alas, "had a place to be" - with the adoption of a court decision in favor of the plaintiff.
It makes sense and appeal to the housing office( if the owners managed to register), backed by material assurances of friendship. In ZhEKe you not only can get a list of all former owners of the apartment. A lot of additional, sometimes very interesting and useful information, you can tell the passports. Locksmiths and electricians of the service company can also "give out" important details about the house and its inhabitants.
Upon an extract from the USRD you will learn the entire history of the apartment - whether the owners have changed and who they are, whether the apartment managed to be under arrest and under an interdiction for sale. If the owners of the new building have already changed( especially several times), it is very likely that you, the bona fide buyer, are trying to "substitute".And you better give up this "profitable" deal. The same conclusion should be made in the event of disputes, arrests and bans on the sale of real estate, which you have looked after. In any case, make an effort to get acquainted with the penultimate owner.
It would be superfluous to apply to the Single Register of Judicial Decisions. If it turns out that the apartment in the new building managed to become the subject of legal proceedings, be sure to check( with the participation of a specialized lawyer) whether the case can resume due to circumstances that( suddenly) will open after you purchase this apartment.
Children, as always, special attention. If an under-age child( children) is registered in the apartment, by the time of the transaction a permit for the sale of the apartment from the guardian council must be obtained. So, find out everything possible about each co-owner and his immediate environment, for which turn to all possible instances and talk with neighbors.