Viewing an apartment: what to look for
Many people use the services of various real estate agencies when buying a home. Buyers of an apartment are usually asked to enter into a so-called “viewing agreement,” under which the agent undertakes to organize the selection and display of apartments available on the market. Such an agreement must be concluded by the agent and the potential home buyer.
Who bears the risks when signing an apartment viewing agreement?
But in practice, different situations happen. Potential home buyers quite often come to agency offices with friends and acquaintances, who subsequently sign an apartment viewing agreement with the agency. This happens due to the haste and inattention of the potential buyer, who forgets to bring to the office the passport necessary to conclude the transaction, and asks his friend with the passport to sign the agreement to view the apartment so as not to waste time.
Usually friends make such a deal because they don’t see any “pitfalls” in signing a viewing agreement. Basically, everyone pays attention to the terms of payment for agency services, which, as a rule, occur only upon the purchase of housing and the amount of tax when selling or buying an apartment.
However, unfortunately, a very important condition is overlooked; it can be formulated in different ways, but its essence is that the customer undertakes not to take any actions (personally or through intermediaries) to purchase the shown apartment, without the consent of the contractor (agent).
The presence of this condition actually prohibits a potential buyer from purchasing apartments shown by the agency to the customer - a friend. If the buyer purchases such an apartment, then responsibility for violating the terms of the contract will be on the person who signed it.
In fact, a person who was not supposed to bear any risks will be forced to pay all penalties under the concluded agreement.
General requirements for the content of the apartment inspection report
The document must contain the date, place and time of the inspection (preferably, indicate the beginning and end). Full address indicating the locality, type of residential premises, location, year of construction of the house.
Since the inspection is usually carried out by commissions, information about the persons included in its composition is listed. You can specify your passport details. Or, as in our example, position and full name. fully.
The apartment inspection report must contain information about what was established during the inspection, a list of property and identified deficiencies, their causes and conclusions. The document is signed by all members of the commission, the owner of the property, the person causing the harm (if the act is drawn up for the purpose of documenting the damage), explanations and explanations of those present during the inspection.
The number of copies of a document such as an apartment inspection report depends on the number of interested parties.
Inspection of an apartment by a realtor: instructions, tips
» Author Dmitry Reading time 8 min. Published 02/21/2021 Viewing of an apartment by a realtor, algorithm, step-by-step procedure, initial research of the property and familiarization with the sales situation.
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The purpose of inspecting an apartment by a realtor is not to sell services, not to present oneself, but to find out the most complete information about the apartment, the situation of selling and purchasing housing in return, information that will be useful for further cooperation with the owner.
Algorithm
- We compare with analogues in the real estate market (district, city);
- Filling out a real estate questionnaire (at the consulting stage);
- We determine the cost of the apartment;
- We determine the algorithm for selling an apartment.
An apartment inspection sheet should always be created and kept, especially if you work in your city on a permanent basis (you don’t plan to move) or work in the area. It happens that the sheet will be useful in a year.
Property inspection report (Appendix to the contract for the provision of real estate services)
You have entered into an agreement for the provision of real estate services and you need to record the following facts:
- the fact that the Customer viewed the Objects (for example, an apartment, house, land, office, production and storage facilities, etc.) offered to the Customer by the Realtor;
- the fact of viewing the Property (for example, an apartment, house, land, office, production and storage facilities, etc.) by persons invited by the Realtor.
- Customer - a person (individual or legal entity or individual entrepreneur) using real estate services;
- Realtor is a person (individual or legal entity or individual entrepreneur) who provides real estate services for a fee.
At the same time, in relation to individuals, the law establishes that individual entrepreneurship has the right to carry out only:
- citizens of the Republic of Kazakhstan;
- oralmans;
— What is a real estate inspection report? Why is it compiled?
“The inspection report of a property is a document that confirms the fact that a potential buyer has inspected an apartment (house/room),” explained the head of the real estate department of the Pakodan Academy of Sciences, lawyer Elena Butsko . — This document is an annex to the contract for the provision of real estate services for both the seller and the buyer. The form of the inspection report is regulated by Resolution of the Ministry of Justice No. 29 of May 26, 2008 “On some issues of concluding contracts for the provision of real estate services.” At the same time, the execution of this document is not mandatory - rather, it is a methodological recommendation for real estate agencies.
There is a separate clause in the tariffs for the provision of real estate services, which stipulates the payment for the inspection of the property with the execution of such an act. But in practice, when concluding a contract for the provision of services with a seller, this item is not paid separately. Because the work of a realtor must be carried out, as they say, until the bitter end, and here it does not matter how many people have looked at the property, it is important to find “your” only buyer.
— How exactly is this act drawn up? Have there been situations when people refused to sign this document?
— This document is signed directly upon inspection of the property (or later when signing the preliminary contract). In the form of the inspection report of the property that is signed by us, quite a bit of information is indicated: the full name of the potential buyer, the address of the property, the date of inspection and the signature of the contractor (agent or realtor).
And if you explain to a person in detail why this document needs to be drawn up, then, as a rule, there are no problems with filling it out. After all, this is, in fact, a report on the work done by the realtor (agent), which he will have to provide to the employer and client (or to a jealous spouse who will definitely ask where his/her beloved disappears in the evenings), Elena Butsko smiled .
However, there are still certain nuances in drawing up a real estate inspection report. If the act is signed as part of an agreement to search for an option with the buyer, which specifies certain requirements for the desired purchase, then after examining 10 options that meet all the criteria, the potential buyer will be required to pay the agency[/anchor]. However, if the deed is signed as part of an agreement with the seller, then this document does not impose any liability, including material liability, on the potential buyer.
— How developed is this practice abroad?
— I don’t know how things are in non-CIS countries, but, for example, the Moscow act of inspecting a property is very different from the Belarusian version. The Russian document, among other things, must indicate the cost of the object (which, by the way, already includes payment for NA services) and the passport details of the potential buyer. In addition, the potential buyer signs a separate clause in the contract, which states that he undertakes not to independently negotiate with the seller and not to purchase this property. In case of violation - a fine of 6% of the value stated in the sales deed.
It turns out that in Moscow this document is not only an inspection report, but also, to some extent, a bilateral agreement for the provision of services. And in this option, not only the seller (who will be sure that the Agency did some work to find buyers) has the opportunity to protect himself, but also the real estate company, whose representatives are guaranteed to receive payment for their work.
How is a home inspection carried out?
Before meeting with the seller of the apartment to inspect the property itself, it would be a good idea to take a walk around the house and the surrounding area to assess the general condition of the area. And at the same time, it is necessary to take into account the following experts:
- Frequency of public transport.
- Assessing the quality of road surfaces and sidewalks.
- Availability or absence of parking for vehicles.
- Remoteness of the location of the school, own work, kindergarten, store, pharmacy, and so on.
It is best to visit the area during the daytime so that you can appreciate even the smallest details, forming the right opinion in the end.
What to consider first?
The apartment owner should not create barriers when viewing the apartment and evaluating it for comfort. But if there are any restrictions, then it’s worth considering whether the seller is hiding some important details.
Sometimes it happens that the seller’s excessive secrecy indicates the presence of certain non-compliances of the housing with established quality standards. And therefore, you need to act with special care so as not to encounter such inconveniences and problems.
When meeting with the seller, you must have with you:
- a notepad with a pen to write down all the required information and data;
- an electrical appliance, you can even charge a phone to check the performance of the sockets;
- level for checking the quality of the floor screed, the evenness of the walls and even the ceiling;
- a voltmeter will be needed to check the voltage in the apartment;
- flashlight for checking remote and dark places;
- a camera so that you can not only remember, but also capture existing defects and problems.
If you want to get more detailed answers to questions regarding the apartment, you can additionally talk with your neighbors, who, as a rule, have different valuable information.
When checking an apartment for technical condition and comfort in subsequent use, it is worth paying attention to certain requirements that play an important role here.
It is important to check not only the documents, but also the general technical condition, since convenience and practicality depend on this.
One of the most important elements when viewing an apartment is assessing the condition of the windows in the apartment and the balcony. The following points are worth noting in detail:
