Basic questions when buying a resale apartment. What nuances and pitfalls can there be when buying an apartment?

An apartment, as an object of real estate, can represent significant material value for both the current and future owner. Therefore, the task of the real estate buyer during the transaction process is to ensure the safety, legality and transparency of this very procedure. It seemed that the process of registering the purchase of an apartment was strictly regulated by law, but alas, scammers are not asleep and find the most sophisticated methods of deceiving the buyer.

During the transaction process, professional assistance can be obtained by contacting lawyers. However, if you do not have the opportunity to consult with a specialist, you are quite capable of coping with everything on your own. Let's figure out what to look for when buying apartments

s both in the secondary housing market and in new buildings.

If you have decided to purchase an apartment as your personal property, then close attention should be paid to:

• Documentation. You should carefully study the title documents or power of attorney.
• Make sure that the seller has the rights to complete the transaction, check that all contracts and documents are drawn up correctly.
• Identify all registered citizens.
• Check the legal capacity of all parties to the transaction.
• Check utility bills to see if there are any accrued penalties or other debts.

Depending on what kind of housing you plan to purchase, the risks associated with the purchase vary.

Purchase of secondary housing

The troubles that may befall you if you buy a secondary home are related to:

• Fraudsters who will try to sell you an apartment using fake documents.
• An apartment with which difficulties will arise in the future during registration (due to the presence of persons living in the apartment after deregistration or something similar).

To avoid problems in the future, you need to pay special attention to the following documents:

• Those that confirm the seller’s right to the apartment.
• Documents identifying the seller.
• Evidence of a “clean” history of the housing being converted.

Document confirming ownership of the apartment

We are talking about documents that give ownership to the seller. These documents mean:

• A document evidencing the right to inheritance.
• Privatization documents.
• Acquisition agreement (purchase) or recording act of donation.

A court decision on the basis of which a person is recognized as the owner of a home has the same powers.

All of the listed documents are called title documents; the general rule for all these documents is the same: they must clearly indicate the owner of the apartment.

If an apartment is being sold by one person, and another is listed as the owner, then it is imperative to find out the reason for this discrepancy and check the authority of the person who disposes of someone else’s property.

A certificate of state registration, which also indicates the name of the owner, can be presented as a supporting document. You can check the accuracy of the information by sending a request to the Unified State Register authority, indicating the certificate number. This document is called a title document.

How to check the seller of an apartment

The very first thing you should do is ask for the apartment owner’s passport. Even a superficial inspection can provide you with information: check watermarks, compare page numbers, page size, color. Check who issued the document and whether it is registered. If a person is re-registered after a long break at the previous address, this may indicate a criminal record.

Please note whether your passport has expired. You can get deeper and more accurate information using the service provided by the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia: the number and series of the passport will “tell” whether this document is valid.

Don’t be afraid to look suspicious, suspicious, double-check everything more than once so as not to end up with nothing because of your gullibility.

Particular attention is required by checking documents if the apartment is located: the sale of the apartment is confirmed by the written consent of not only the parents, but also the guardianship and trusteeship authorities, who ensure that the rights of children are not infringed.

If the child is under 14 years old, then all formalities, including signing the contract, will be handled by his parents. But, nevertheless, the child’s documents must be in perfect order, be it a birth certificate for a small child or a passport for a teenager, consent from guardianship. Legal representatives must have documents regarding guardianship or adoption.

In the event that the sale of an apartment is not carried out by the owner himself, but by his representative, the owner of the apartment must, in accordance with all the rules, draw up documents for the disposal of someone else’s property, for example, using a power of attorney, agency agreement, assignment or trust management. Each of these documents must be thoroughly studied from A to Z, all powers must be clearly stated in them, and the papers must be certified by a notary.

History of the apartment - legal side

An extract from the Unified State Register, a house register and certificates of family composition will help you obtain information about the transactions that were concluded in relation to the apartment. It can be compared with what the seller will tell you. All your actions should be aimed at creating a reliable basis for property ownership in the future.

What you definitely need to pay attention to in order to avoid excesses is the presence of orphans who at the time of the transaction are being raised in a boarding school, but are heirs in the future, persons who previously lived in the apartment, serving a prison sentence, and divorce of homeowners.

Especially with regard to persons in prison: provide in the contract a clause stating that the apartment is free from all rights and encumbrances of third parties.

FAQ

There are a number of recurring real estate questions that are asked particularly frequently. Basically, they relate to the progress of the transaction, taxes and the list of responsibilities of the agent and agency. I have posted the answers to the most popular of them on this page:

What are the main stages of a real estate purchase and sale transaction?

It is possible to identify a number of stages inherent in any real estate purchase and sale transaction: searching for a potential buyer of real estate; negotiations on terms of sale; signing a preliminary agreement; preparation and organization of real estate purchase and sale transactions; making payments and concluding a real estate purchase and sale transaction; registration of the transfer of rights to a real estate object; transfer of real estate.

Why do you need a preliminary agreement?

On average, it takes at least two weeks to conclude a real estate purchase and sale transaction. Sometimes this period can extend for several months. There are many reasons for this. Firstly, formalizing a real estate purchase and sale transaction involves obtaining a large number of documents from various government agencies. Secondly, the buyer may need time to find a source of financing, and the seller to find an alternative place of residence. Due to these and other reasons, there is a need to conclude a preliminary agreement for the purchase and sale of real estate. Concluding a preliminary agreement is an important stage in the purchase and sale of real estate. The preliminary agreement reflects all the conditions of the upcoming transaction: payment method, time and place of the transaction, conditions for the transfer of real estate, as well as a list of documents ov that the seller must provide to the buyer. The preliminary purchase and sale agreement can be concluded in various forms, depending on who represents the seller.

What is the usual amount of the deposit when signing a preliminary agreement?

One of the conditions of the preliminary agreement is that the buyer of the property makes an advance payment (usually in cash). In this case, money is a kind of guarantee of the seriousness of the buyer’s intentions. After receiving the advance payment, advertising for the sale of real estate stops, showings of the apartment stop, and preparations for the purchase and sale transaction begin. The amount of advance payment usually ranges from 50 to 100 thousand rubles, which are included in the price of the property and are a guarantee of solvency. According to the Civil Code of the Russian Federation, there are two types of advance payment: deposit and deposit. Depending on your situation, a real estate agent will help you determine what type of down payment is preferable for your transaction.

How much is the rental commission?

Rental commissions are the same in almost all agencies in the city. If the property is rented out by an agency, then the agency's commission is 50% of the monthly rental rate; if the property is searched through all agencies in the city, then the commission is 100% of the monthly rental rate, because in this case the agency shares the commission with another agency.

Who pays for the agent's services?

The services of a real estate agent are paid by the party who contacted the agent for the service. This can be both the seller of real estate and the buyer. In both cases, as a rule, the agent’s remuneration is calculated as a percentage of the transaction price and varies from 3% to 5%. The higher the price of the property, the lower the percentage of the cost. The percentage also depends on the complexity of the transaction. The real estate seller's agent's remuneration includes: advertising of real estate using various marketing means in order to attract the maximum number of potential buyers bodies; organizing showings of real estate for sale; negotiations with potential real estate buyers; preparation of a full package of documents necessary for a real estate purchase and sale transaction; organization of the transaction itself and assistance in the final transfer of real estate. The buyer's agent's remuneration includes: searching for real estate; checking documents for ownership and rights to use real estate; organization of the transaction and assistance in the final transfer of real estate. When conducting a real estate transaction, it is very important to have an agent on your side, since not all information is publicly available. The agent of the other side may be polite and pleasant in communication, but do not forget that he, first of all, is obliged to protect his client, not you.

I found a buyer myself. Can you help me make a deal and how much does it cost?

I provide transaction support services, as well as legal assistance - protecting the interests of the seller during the sale process. I can help you with choosing a bank, a registrar and determining the terms of the transaction. The real estate agency's remuneration for such a service is half the standard brokerage fee, but not less than 30,000 rubles.

Do I need to check the seller before buying an apartment?

Certainly. It happens that after buying a home it turns out that the seller was not honest in everything. The seller may be incapacitated. As a result, the transaction is declared invalid, and the buyer has to return his money. How to avoid such a situation? This is why you need to check the seller. Next, we check the seller: for bankruptcy, mental sanity, drug addiction. The seller will also be checked for any legal disputes. Next, we look to see if our seller is bankrupt. If your seller is declared bankrupt or a bankruptcy case is underway, then it is better to refrain from the transaction. Carefully read Federal Law No. 127-FZ “On Insolvency (Bankruptcy)”. A bankrupt may have debts and payment requirements that he is obliged to pay. Here you need to look at whether his settlements with creditors have been completed or not.

Is it necessary to do a legal inspection of housing?

Necessarily. This is something you can’t save money on!!! I had a remarkable case in my practice. A potential client approached me with the question of purchasing secondary housing, and to be a little more precise, he intended to buy a 2-room apartment near the Muzhestvo Square metro station. So, after an initial consultation on the terms of cooperation and the cost of the realtor’s services, the client, as unfortunately happens quite often, disappeared. Imagine my amazement when, after some time, this same person called me with a request to meet and advise him on the subject of housing he had already purchased. The thing turned out to be that my failed client purchased an apartment 2 million rubles below the market with a person registered in it. According to him, he took this step knowing about this essential condition, but the opportunity to save money when buying an apartment was captivating, and the full realization of the burden of such a burden came to him quite late - after the paperwork was completed and the ownership of the apartment was registered, when the eternal user, as they say, began to “download his rights.” In this case, all I could do was throw up my hands - the client voluntarily refused the services of a professional realtor, thereby deciding to save a little when buying a secondary home, and, as it turned out, it was in vain. Similar cases do occur, although most secondary buyers still show caution. Checking the legal cleanliness of the apartment cannot be neglected; here the saying must apply: “God protects the careful.”

What must be included in an apartment rental agreement?

This question is asked quite often. The rental agreement must include the names of the parties, the address of the rental property, the rental price, the rental period, the rights and obligations of the parties. It is drawn up in two copies, one for the tenant and one for the lessor. The lease agreement consists of several sections. It is difficult for a beginner to assess how correctly the contract is drawn up. Therefore, you need to know in advance what it should contain. I have an article on this topic: https://capital-realtor.ru/arenda/dogovor-arendy-zhilya

How to avoid fraud when renting an apartment in St. Petersburg?

There are plenty of rental scams. The most common method of fraud is through real estate information agencies. The deception scheme is quite simple and it has not changed for many years. Usually, visitors who want to rent an apartment in St. Petersburg fall for this bait, and St. Petersburg residents, no, no, even get caught in the net. Article on the topic: https://capital-realtor.ru/arenda/informatsionnye-agentstva. There are other fraud schemes. You can read about them here: https://capital-realtor.ru/arenda/moshennichestvo-pri-arende-kvartiry

Is it possible to rent out an apartment before inheriting?

You may well, since the inheritance belongs to the heir who accepted it from the day the inheritance is opened, and not from the date of receipt of the certificate of the right to inheritance or the certificate of state. registration of property rights. Therefore, you can enter into a rental agreement for an inherited apartment. BUT the contract indicates on the basis of which document of title you own the rental premises. If the employer agrees to conclude an agreement without indicating such a document, if you provide him with a certificate from a notary, which indicates that you accepted the inheritance, the number of the inherited case is such and such, then there are no problems.

How to safely rent out an apartment?

Firstly, you need to rent it out under a lease agreement. Take a good photo. Do not inflate the cost of rent. Never rent out an apartment to the first person you meet. A more complete article at: https://capital-realtor.ru/uslugi-rieltora/agent-po-arende-nedvizhimosti

How to furnish an apartment for rent?

1. First and most important. Take out all the obvious junk. Worn carpets, outdated carpets, iron beds, old polished furniture and other “antiques”. 2. At a minimum, cosmetic repairs. 3. It is advisable to change the plumbing. If the floor is old and creaky parquet, then sanding will not help. It is better to replace it with inexpensive laminate. After replacing the old dark flooring with light laminate, the rooms are immediately transformed. 4. Tidy up the kitchen. It is better to buy a small and inexpensive kitchen furniture set. No matter how sorry it is to part with, old furniture needs to be taken out DEFINITELY. The modern tenant reacts extremely negatively to old things. If you don’t have money for new furniture, it’s better not to buy anything at all. It's better to rent out an empty apartment. If you still have some money, then first of all you need to buy a sleeping place: a sofa or a bed, and let the tenants buy the rest of the furniture for rent. Article on this topic: https://capital-realtor.ru/arenda/podgotovka-kvartiry-k-sdache-v-arendu

I am a salesperson. What will be the transaction costs?

As a rule, all costs associated with the execution of a purchase and sale transaction are paid by the buyer. But still, there will be some expenses: payment for checking funds at the bank, renting a safe deposit box, and, if necessary, a statement that at the time of purchase in marriage were not in notarial form or the consent of the spouse to the sale. In total it will cost about 4000-5000 rubles. This is provided that the transaction is not notarized.

I'm selling an apartment. Why do I need an agent?

All operations with real estate involve a certain amount of risk. Even the most insignificant real estate purchase and sale transaction can be significantly complicated by the provisions of the family, housing, civil and tax codes. Selling real estate at the most favorable price and in the shortest possible time requires a lot of time, obtaining prompt information about interested buyers from many sources, including those closed for widespread use, real estate agency databases, and advertising placements. Therefore, if you want to protect yourself, and also sell real estate quickly and at the most favorable price, then it is better for you to turn to professionals.

I want to move to St. Petersburg. Where to begin?

Many people move as families, some with children. It's good if you have somewhere to stay for the first time. And if not? People are faced with a number of questions: how to rent an apartment, where to stay for the first time. Where to look for work? Advice for those who want to move to St. Petersburg. 1. Develop a plan to move to St. Petersburg, what will you do after you get off the train. 2. It is better to decide on an overnight stay in advance. The city has a lot of short-term rental offers. The cheapest option is to stay in a hostel. A list of hostels and mini-hotels is easy to find on the Internet. They can be found in our group on the social network “Vkontakte” “I want to go to St. Petersburg, let’s go to St. Petersburg.” 3. Next you need to look for a room or apartment for a long term. Families usually rent an apartment. Lonely young people rent a room. It is advisable for them to rent housing as quickly as possible, because living in mini-hotels and hotels is an expensive pleasure. More details: https://capital-realtor.ru/arenda/priezzhim-v-peterburg

How to prepare an apartment for sale?

Unlike European countries, where apartments are bought completely ready to move in, in St. Petersburg they usually buy square meters. The fact is that most buyers prefer to do the repairs themselves to suit their taste, which is relatively inexpensive. On the other hand, in St. Petersburg, the sale price of real estate is influenced by a number of other factors, including: the legal status of the real estate, the correctness and completeness of the package of title documents cops, the presence of persons registered in the apartment, the speed with which the apartment can be provided to the buyer, and so on . I can always give you some advice, the implementation of which will help increase the value of the property being sold: • if your family members are registered in the apartment, we recommend that you register them as friends to this address and put the apartment on the market legally free from third party rights; • The search for alternative housing can also complicate the deal. Therefore, if such an opportunity exists, it will be easier to sell one apartment and then look for another, although this is a very delicate issue and each specific case must be considered individually. Thus, apartments that can be quickly purchased, in which no one is registered, lives and in which there are no personal belongings of the seller, are considered safer and more attractive for purchase. The demand for them is higher, and they sell more expensively and faster. I can help you prepare your apartment for sale in such a way as to secure the best price as quickly as possible.

Am I a co-borrower on the mortgage if I am not on the purchase and sale agreement? Do you need a co-borrower on the transaction? Is the co-borrower insured?

1. If you are not in the purchase and sale agreement, this does not mean that you are not a co-borrower. Co-borrowers appear in another agreement, namely in the loan agreement. 2. A co-borrower is needed for the transaction. He signs a loan agreement. After signing the loan agreement, he can be free. 3. Usually, insurers decide for themselves whether to insure a co-borrower or not. Older co-borrowers are primarily required to insure their life and health.

Do they provide a mortgage during maternity leave?

No, they don't. A pregnant woman has no income during maternity leave, and, according to our legislation, a mortgage loan is issued to those who currently have a stable source of income. As a result, a woman, while on maternity leave, officially loses her earnings, even if maternity contributions are high.

Can they refuse if the mortgage is approved?

Yes. They can. And this happens often. Until the loan agreement is signed, the bank may refuse. There have been cases when they refused on the eve of the transaction. The reasons are different: the security service dug up something, the borrower changed jobs, or everyone was turned away because of the bank’s policy. There are many reasons.

Are mortgages available for pensioners?

yes, they do. All pensioners with different income levels. There are working pensioners, there are pensioners with a military pension. Pensioners with a good income will be given a loan, but pensioners who have one pension may not. There are pensioners in St. Petersburg who have several apartments, rent them out, and have a decent income. They take out a mortgage and buy new ones. Banks introduce age restrictions; at Sberbank, the maximum age at the time of closing a mortgage is 75 years. A pensioner should not count on a large loan amount, but it is available to them.

Do they give a mortgage without official employment?

It is difficult for people who do not have official employment to get a mortgage. You need to prove to the bank that you have income. Whether you can show income or not will determine whether the loan will be extended or not. A good down payment of 20-30% of the cost of the home being purchased, as well as good co-borrowers with a good income, will help increase the chance of receiving income. If there is collateral in the form of real estate, land, a car, or special equipment, this can also increase the chance of receiving a loan.

Buying an apartment in a new building

Apartments attract with their cheapness and newness. But their design is fraught with a lot of dangers.

The most optimal and legally justified agreement for the buyer is a shared construction agreement. If you do everything wisely, you can reduce risks as much as possible. By joining a housing cooperative.

If you are offered to enter into a preliminary agreement, then you need to be on your guard: if you intend to transfer money according to such an agreement, then this must be clearly stated. In this state of affairs, in the event of misunderstandings with the developer, the buyer will be able to defend his rights through the court and demand compensation even for moral damage. The same cannot be said about payment on a bill. In a controversial situation, this “filka letter” will not protect you in any way.

Buying an apartment in a new building from a developer

It is optimal to enter into an agreement and buy housing directly from the developer - the company that owns the right to build. This name should appear in the contract if you do not want to deal with intermediaries.

Overpaying for their services and hoping that all links in the developer-buyer chain will be reliable. Check whether the person who left his autograph on the contract has the right to sign the contract. Information from the Unified State Register of Legal Entities will help you.

What documents must the developer provide?

Initially, of course, documents on land ownership and construction permits. Pay attention to whether the intended purpose of the site coincides with the planned work, whether the project documents are in order. If you contact the cooperative, then carefully study the Charter, paying special attention to the prescribed fees that you will subsequently have to pay.

Real estate transactions have a lot of subtleties and are accompanied by many legal actions, and therefore deserve special discussion. In this article we will talk about the pitfalls when buying an apartment

You need to pay close attention so that the housing you purchased does not cause you serious troubles and problems in the future.

As you know, the real estate market is conventionally divided into two categories: primary and secondary, and each of these niches has its own characteristics: legal framework, forms of contracts, approaches to checking the “purity” of a transaction, the number and types of problematic links in the transaction chain, and many others . So, first, let’s decide where we will buy an apartment - in a new building or on the secondary market.

Legal nuances

As experience shows, it is not possible to be 100% sure of the legal purity of the apartment being purchased. Still, there are some things that can and should be checked, namely:

• information from the BTI;
• list of persons registered in the apartment;
• an extract from the house register;
• no debt on telephone calls;
• a list of all former homeowners;
• the correctness of the drafting of the apartment purchase and sale agreement;
• a list of persons temporarily discharged from an apartment due to their stay in nursing homes, psychiatric institutions, etc.;
• absence of arrest or ban on the apartment;
• financial and personal account confirming the presence or absence of financial debt.

In order to minimize risks, you can contact an insurance company, but such a guarantee will be quite expensive.

Before drawing up a purchase and sale agreement, the seller and buyer must find out who will bear the costs of completing the transaction, who and how will check for debt on utility bills, and how long will it take to register all persons registered in the apartment.

In addition, the parties need to discuss the amount that will be specified in the purchase and sale agreement, as well as the responsibility that the seller will bear if he fails to vacate the apartment on time or refuses to sell it altogether.

The question of the price of the apartment is especially important, since it is more profitable for the seller to indicate a price lower than the real value, because this will affect the amount of taxes that he will have to pay. While the buyer, on the contrary, is interested in indicating the full cost of the apartment - this will be required to receive a tax deduction.

Of course, you should approach the process of completing a transaction, as well as the issue of transferring money, with special care.

Buying an apartment in a building under construction

The sellers of such apartments can be the developers themselves, or they can also be intermediary investors. The cost of “primary” housing, as a general rule, is lower than that of finished housing, but the conditions dictated by sellers can be very diverse: therefore, the legal consequences of these transactions will also be different.

One of the most important stages in purchasing an apartment on the primary market is concluding an agreement: in this case, its form is, without exaggeration, of decisive importance. The most “protective” form of agreement when purchasing an apartment in a building under construction will be an equity participation agreement. Federal Law No. 214 of December 30, 2004 “On participation in shared construction” very clearly regulates the legal relationship between the shareholder and the developer, places serious responsibility on the latter and protects the interests of ordinary citizens participating in construction.

However, not every developer wants to take on significant obligations, much less an intermediary. Therefore, many of them prefer to enter into other agreements: investments, assignments of claims, preliminary and others. In addition, even an agreement formally called an equity participation agreement, but not registered in a special register, in fact is no longer such. It’s unpleasant, but true: if the developer has chosen a work scheme that differs from that regulated in Federal Law No. 214, insisting on concluding an equity participation agreement, in the vast majority of cases, is pointless: you will have to find another construction company.

How to prepare for the examination?

If you are interested in a certain apartment, then you should take a closer look at its location. Look at what objects are located in the surrounding area, to see if there are any negative factors that cannot be changed. These could be multi-lane highways, harmful or noisy industries, shopping centers with 24-hour operation. If the floor is low, it is worth asking whether there is a subway line running under the house. Large sports facilities and restaurants can also interfere with living in peace.

Data on almost any apartment registered after 1998 is now available on the Rosreestr website. It is very easy to obtain information about the owner and the presence or absence of encumbrances on the apartment. To do this, you need to create a request, pay a service fee and receive data by email. After studying the extract from the Unified State Register, you will go to view the property already prepared.

Which apartment is better to buy – a new building or a resale one?

Where to start buying a secondary home?

What else should you pay attention to?

• It is imperative to check that the developer has all the necessary documentation and permits: the absence of at least one piece of paper can significantly delay the construction or commissioning of the house. First of all, you need to make sure that the company has a construction permit and the rights to the corresponding land plot have been registered. It would also be useful to study the constituent documents, financial and audit reports of the developer, and familiarize yourself with the feasibility study of the construction project.
• The reputation of the developer also plays an important role. But you should approach sources of information about him carefully: on the Internet there are too many opportunities not only to convey the truth, but also to denigrate a competitor. But statistics can tell us a lot: if all the developer’s past projects were delivered late or had problems, is there a guarantee that this time it will be different?
• Pay attention to whether assignments were made under the contract: the presence of intermediate links in the chain between the developer and the final buyer deprives the transaction of transparency. The more assignments of rights have been made, the more problematic the object may be and the higher the chance that someone in this chain has not fully fulfilled their obligations.
• An indispensable condition when transferring money for an apartment must be the issuance by the seller of a document confirming that payment has been made. This capacity can be a cash register receipt or a cash receipt order. If the payment was made by bank transfer, confirmation is the payment order. The absence of a properly executed confirmation of the transfer of money will lead to the fact that it will be difficult to prove the fact of payment even through court. And of course, you should avoid all kinds of veiled and incomprehensible payment schemes: bills of exchange, service agreements, etc.

Ask questions about the transaction and choosing an object

To make your meeting with a realtor as productive as possible, prepare a list of questions that interest you in advance. If you are going to buy real estate, first of all ask questions about the property and the area in which it is located:

1. Where are the nearest stores, housing office and regional office?
2. Where are the nearest schools, kindergartens and development centers?
3. What transport can you use to get to the property you want to buy?
4. When was the last time a major home renovation was carried out?
5. Where are the nearest plants and factories that have a negative impact on the environment?
6. Are there parks, stadiums or other recreational facilities nearby?

Then be sure to find out the following from your realtor:

• Does he have all the necessary documents?
• What documents does the real estate seller have?
• Who collects all the necessary certificates from the authorities?
• Who checks the legal purity of the object?
• How is money transferred?
• What form does the contract take?

Nuances when buying an apartment on the secondary market

Sellers and buyers in the secondary market are most often individuals, so it is easier to agree on formalities here than with a developer-organization that strictly dictates its terms. However, even when concluding resale transactions, there are many aspects that can lead to negative consequences for the buyer - up to the loss of the purchased home, and sometimes, unfortunately, without compensation for damage.

That is why the most important rule for the buyer should be strict adherence to the letter of the law, no matter what financial benefits the seller promises. For example, deliberately underestimating the cost of an apartment will reduce the tax on the sale of the apartment, but at the same time will reduce the amount of tax deduction for the buyer (the procedure for obtaining property deductions is regulated by Article 220 of the Tax Code of the Russian Federation). It is also worth remembering about the possibility of terminating the contract - then the seller will be obliged to return only the amount indicated in it, and not the money actually received by him.

Such losses, of course, are unpleasant, but they are not as global as the loss of both a huge amount of money and an apartment purchased with it. A thorough check of the “cleanliness” of a residential property will help you avoid these terrible consequences:

• First of all, you need to find out how many owners there were and how often they changed. If several transfers of ownership have been recorded recently, there is a possibility that they were all done to disguise the illegality of the first alienation.
• It is necessary to carefully consider all former owners, since among them there may have been incapacitated persons who did not have the right to participate in the transaction. You need to check not only the property owners, but also everyone registered in the apartment. If there are minors among them, then it is necessary to carry out a special procedure for alienation, non-compliance with which, again, can lead to negative consequences.
• Housing must not be mortgaged or encumbered.
• The sale of a privatized apartment also has its own characteristics (special attention is paid to the procedure itself and the distribution of shares). The most common violation is the exclusion of a child registered in the apartment at the time of privatization from the circle of persons to whom the apartment is privatized.
• The rights of minors may also not have been taken into account when purchasing an apartment using maternity capital.

Possible risks

There are many fraud schemes in the sale of secondary housing. Among the most common situations are:

1. Forgery of documents. Often, a person who does not have any rights to do so tries to sell real estate. A general power of attorney is often forged. Therefore, it is important to carefully check the entire set of documents when purchasing an apartment.
2. Sale of living space, one of the owners of which is a minor or incompetent citizen. Such a transaction may subsequently be declared invalid, and it is often impossible to force the seller to return the money.
3. Violations during privatization. At the very beginning of the process of transferring real estate into the ownership of citizens, the interests of minors were often ignored. They didn't become owners. Such actions can be challenged.
4. Sale of living space received as an inheritance or under a rental agreement. In this case, relatives of the deceased may appear whose rights were violated.
5. Sale of property that has been seized, pledged or is the subject of legal proceedings.
6. Among the property owners there are people serving sentences in prison or undergoing military service. Their interests may be infringed during the transaction. When they return, they can easily challenge the sale.

Degree of “problem”: when is it better to refuse a purchase?

If there are several options for choosing an apartment, you should focus on the “least problematic” apartments. You should be wary of situations where:

• it turned out that the apartment had been purchased quite recently and was quickly put up for sale, or had been resold many times over the past few years;
• the apartment is sold on the basis of a power of attorney, even notarized;
• the seller intends to use an alternative deal, but has too unrealistic plans for purchasing a new home;
• the apartment was recently inherited;
• the seller himself is not reliable (for example, he appears in lawsuits or may be recognized as a person who is not always aware of his actions);
• the apartment is under encumbrance or is the subject of a legal dispute;
• housing without obvious significant deficiencies is offered at a clearly reduced price, much lower than the market value.

Of course, the risks mentioned do not directly prohibit the purchase of this particular apartment.

But it is imperative to carefully analyze the documents and clarify suspicious points.
If you have a choice, it is better to abandon the problematic option in favor of an apartment with a simpler and more understandable history.

Questions by phone: determining the feasibility of viewing an apartment

The first conversation with the property owner will most likely be by telephone.

First of all, you need to find out whether you are really dealing with the owner of the apartment or whether the “without intermediaries” indication is masking an ordinary novice realtor.

Next, it is important to once again clarify the parameters of the apartment and, of course, the price.

You can ask a few questions about the condition of the property, its layout, ask whether bargaining is appropriate, and also find out some individual nuances that each buyer may have their own. If, after receiving a response, the viewing, in general, makes sense, you should immediately arrange a visit to the site.

IMPORTANT!

It is better to schedule an appointment during the day to view the property in natural light.

Secondary market: communication strategy with the seller

The conversation with the seller while viewing the apartment should be businesslike, but it is advisable to win over the owner, the size of the possible discount directly depends on this, or the likelihood of any other concessions from the seller .

Before signing a contract, and even more so, before agreeing to make an advance payment, the seller should ask at least nine important questions:

Who are the owners of the apartment, how many are there, and are there any minor children among them?

It is important to deal with the home owners, and not with their relatives or outside help. If trusted persons act on behalf of the owner, it is necessary, firstly, to ask for a notarized power of attorney, and secondly, to ask for the contact information of the owner of the property, but if you have a choice, it is still better to buy an apartment directly from the owners. When there are several owners, you need to ask whether everyone will agree. If there are minors registered in the apartment, it is worth finding out whether the issue of sale has been agreed upon with the guardianship service.

Ideally, already at the time of posting an advertisement for sale, all owners, and, more importantly, non-owners who have the right of residence, should be deregistered (this should be confirmed by an extract from the Unified State Register of Real Estate). In addition, there must be documents available that notarize the consent of all owners to the sale.

How exactly was ownership of the home obtained?

This needs to be checked, since, for example, an apartment received by inheritance may subsequently present unpleasant surprises (heirs may appear who will prove in court that their rights have been violated). The ideal option is a purchase and sale agreement (or, even better, a DDU).

Who is registered in the apartment, how many people are there, is everyone ready to check out soon?

In particular, readiness to check out must be documented (especially for registered non-owners). It is important that all registration procedures are absolutely transparent and do not arouse suspicion.

Can any third parties subsequently claim rights to the apartment?

This may be an unresolved mortgage, an unrepaid loan secured by real estate, the presence of any litigation related to ownership, a completed will, or other encumbrances.

IMPORTANT!

Regardless of the seller’s answer, this information must be checked personally (USRN - presence of encumbrances, register of wills - presence of heirs).

It is unlikely that the seller will disclose all the information on this matter if he wants to mislead the buyer. In addition, he himself may not be aware of such a possibility due to legal illiteracy or ignorance of some circumstances. You need to be especially careful about this issue when purchasing a home that has recently been inherited.

How long has the apartment been owned by the seller?

Ideally, this period is more than three years. It is worth understanding that the longer this period is, the less likely it is that someone will unexpectedly claim it. Moreover, there is such a thing as a statute of limitations, which eliminates the risk of problems arising if someone’s rights were actually violated during the sale.

Do you have all the documents related to the sale on hand, or are they still being collected?

The need to obtain, for example, a technical passport, various certificates and extracts can significantly delay the process of completing a transaction.

What hidden defects are there in the apartment?

The question seems unnecessary, since not a single seller will immediately show the unsightly “wrong side” of the product without an urgent need. But non-verbally, the gaze can often be directed specifically at the problem area.

A hasty response or, conversely, a significant pause should be a signal that you need to be vigilant.

Was there any redevelopment and was it legalized?

Changes to the boundaries of premises and other radical transformations must be agreed upon in accordance with the established procedure. If you buy an apartment with unauthorized redevelopment, you may then incur significant costs to get the documents in order.

Who are the immediate neighbors?

Unfortunately, many of those who did not bother with this issue later very much regretted it - a family of alcoholics can often organize concerts at night, and the behavior of overly active children in the next apartment can interfere with rest.

You can ask the seller general questions regarding infrastructure development, but it’s worth walking around the area on your own, assessing how close the most significant objects are.

It is also important to find out which organization is responsible for maintaining the house and surrounding area, and how well it does its job.

You should not be shy about writing down the most important information, so that later you can once again formulate an overall picture, check the information and make a final decision.

Purchasing an apartment through an agency

Have you decided to contact a real estate agency? Reasonable! This is where you just need to be vigilant. The modern market is oversaturated with offers from various real estate companies, so it is so important to make the right choice.

What criteria should be followed?

• Company fame. If an agency consistently advertises its services, it means that it is constantly present on the market. Pay attention to the quality of the material presented - a successful company will not skimp on advertising.
• Image. If the office is in the basement, the furniture and equipment are outdated, and the employees are dressed in all sorts of clothes - run away from this sharashka office immediately!
• Experience. Not only the length of time the company has existed on the market matters, but also the professional experience of specific employees. No one has yet canceled the concept of staff turnover. And if a newcomer takes on your business, there is no guarantee that it will be crowned with success.
• Certificates and diplomas. You must provide documents confirming the quality of the company's work.
• Cost of services. You should be wary of both clearly inflated and, on the contrary, too low prices.
• Third Party Recommendations. Perhaps one of your friends has already used the services of this or that company and was satisfied. Why not listen to feedback? You can also find recommendations on the Internet, from lawyers or in specialized public organizations.

And now we suggest considering the question of what you need to know when buying an apartment through an agency:

1. It is clear that when buying a home you will have to play it safe and deal with a bunch of papers, but still try not to sign unnecessary documents. These include, for example, a price fixing guarantee. This document seems to guarantee the buyer that the seller will not increase the price of the property. But in fact, this document has no legal force, since it is signed only by the buyer and the agency. The seller does not appear there at all, although he is the one who bears the obligations.
2. During the transaction process, you will be asked to issue one or more powers of attorney for the right of representation. This document is usually notarized; it describes to whom and from whom it was issued, the right of subrogation, and the scope of authority. Do not try to delegate the rights to manage property, receive money and other actions that could seriously harm you.
3. Are you being asked to sign a document that raises doubts? Take a time out and consult with a third-party lawyer. Always read what you sign, no matter how long it takes.

Remember that well-structured cooperation with an agency will allow you not only to quickly and safely purchase an apartment, but even save money in the process.