Legal services when buying an apartment
- Legal assistance in analyzing risks during transactions with studying the history of housing and identifying possible encumbrances, such as: debts for housing and communal services, collateral obligations, signs of shared ownership, registered relatives, inclusion of real estate in the bankruptcy estate during bankruptcy proceedings;
- Legal assistance in preparing a purchase and sale agreement;
- Conducting mutual settlement transactions;
- Legal assistance in registering property rights with obtaining relevant documents and registration in the register;
- Legal services when purchasing an apartment in a new building;
- Legal assistance in collecting information about the previous owners of real estate;
- Legal assistance in purchasing shared property;
- Legal assistance in terminating a shared construction contract with the return of money spent.
Court decisions
How to protect property rights after divorce
The apartment does not meet sanitary requirements
My housing: what to do if they try to kick you out of your apartment
How to peacefully resolve housing issues
Dispute with a housing construction cooperative
Apartment disputes: eviction of a family member
Cost of consulting services
Oral consultation with a lawyer from 2,500 Legal analysis of the contract with risk assessment from 3,000 Verification of all transactions with the selected object and recommendations for purchase from 2,000 Written opinion from a lawyer from 4,000 Recommendations from a lawyer of choice from 2,500 Development by a lawyer of a transaction scheme with a list of necessary items documents from 1,500 Recommendations for mutual settlements from 1,000Why do you need a lawyer in real estate transactions?
By concluding a cooperation agreement with a lawyer who is well versed in real estate transactions, first of all, you can protect yourself from such possible risks and negative consequences as:
- recognition of the contract as void or unconcluded;
- recognition of a transaction of alienation, donation or inheritance of real estate as invalid;
- reclaiming the property you purchased from a second party;
- the presence of encumbrances with the rights of third parties that were discovered after the conclusion of the transaction;
- failure by the seller to fulfill the obligation to transfer money or purchased property.
Legal services when purchasing an apartment: prices for transaction support
Negotiations with representatives of the other party to the transaction from 5,000 Presence at the conclusion of the agreement from 3,000 Legal assistance in preparing the agreement from 5,000 Coordination of the points of the agreement with the other party from 2,500 Legal assistance in collecting documents for registration of the transaction from 3,000Services > Residential real estate > Legal support for purchasing an apartment with a mortgage
ARTICLES ON THE TOPIC:
- (ARTICLE) What to pay attention to when concluding a MORTGAGE AGREEMENT: main risks. PART 1
- (ARTICLE) What to pay attention to when concluding a MORTGAGE AGREEMENT: main risks. PART 2
- (ARTICLE) Division of an apartment with a mortgage upon divorce
If you decide to take out a mortgage on an apartment, be careful with the documents
Every day in Moscow a huge number of transactions related to the purchase of apartments are concluded, including on the primary market. Due to the ever-growing number of residential complexes under construction, citizens have the opportunity to compare all the options presented and choose an apartment that best suits their requirements and wishes. In addition, the conditions offered by banks when providing loans secured by real estate (mortgage) are becoming increasingly attractive. In this regard, citizens are increasingly willing to take out a loan in order to move into a new apartment “now.” A mortgage is a special name for a loan in which real estate is used as collateral, therefore, in essence, a mortgage is a targeted bank loan. And it is completely optional that a mortgage is taken out to purchase apartments in new buildings under the DDU - any citizen has the right to apply to the bank for a mortgage to purchase secondary housing, among other things.
So, as you understand, the main issue that needs to be resolved when purchasing an apartment with a mortgage is the conditions and pitfalls of the mortgage agreement that the bank of your choice will offer. HINT: on the website of almost every major bank there is a draft sample mortgage agreement - you can read it at any time in a calm atmosphere and then ask questions to a lawyer.
What to pay attention to
First of all, assess your financial condition - the bank, of course, will check you, call you at work to confirm the data from the certificate of employment in free form, or ask you for 3-NDFL, but if you cheat and inflate your financial indicators, then in the end The borrower will have to pay. Look at the possibility of early repayment of the loan and the resulting consequences and your rights. Look at the bank's right to demand repayment of the loan amount at any time. See which payments would be more profitable for you: annuity or differentiated - it depends on whether you intend to pay off the mortgage early or not.
Summary
The work of a lawyer accompanying a transaction to obtain a mortgage from a bank in most cases comes down to indicating the risks and interpreting the main points of the mortgage agreement offered by a particular bank. We immediately inform our clients that banks are extremely reluctant to make any amendments or changes to their contracts for clients and it can sometimes be quite difficult to influence the bank. That is why studying the available versions of the mortgage agreement and identifying its “weak” or unfavorable aspects will save your time to a greater extent than proving to the bank that you are right with a request to change the agreement.
Our mission is to help our clients identify the risks of the mortgage agreement being signed as quickly as possible and instill confidence in our clients!
What do we offer
Our company provides full legal support for transactions involving the purchase of an apartment with a mortgage. We have accumulated extensive experience in this area, which allows us to feel confident when interacting with banks. With us you can rest assured that the transaction and your funds are safe.
Service cost:
| Description of service | Cost, rub. |
| SUPPORT FOR THE PURCHASE OF AN APARTMENT WITH A TURNKEY MORTGAGE | from 15 000 |
| Oral preliminary consultations | for free |
| Legal analysis of a draft mortgage agreement (template on the bank’s website) with a discussion of risks in the company’s office | 5 100 |
| Representation of the Client's interests at an off-site meeting at the bank when signing a mortgage agreement | 6 100/hour |
Related articles:
What to pay attention to when concluding a mortgage agreement: the main risks. Part 1 What to pay attention to when concluding a mortgage agreement: main risks. Part 2 Mortgage. Equity Participation Agreement (EPA). Purchasing an apartment in a new building. Part 1 Mortgage. Equity Participation Agreement (EPA). Purchasing an apartment in a new building. Part 2Division of a “mortgage” apartment during a divorce
You can read our lawyers’ comments and answers to the most frequently asked questions in the FAQ section Legal support for purchasing an apartment with a mortgage
Cost of additional legal services when purchasing an apartment
Verification of the legal capacity of all participants in the transaction in order to avoid a situation in which it could be declared invalid from 5,000 Assistance in obtaining a mortgage loan for the purchase of an apartment from 7,000 Legal assistance in checking the acceptance certificate of an apartment by the developer with participation in shared construction from 5,000 Transfer of the package documents for registration of property rights in Rosreestr from 4,500What is legal assistance when buying an apartment?
Legal assistance consists of studying the legal situation arising around the property that is the subject of bargaining between the parties to the transaction. The main task is to prevent financial losses that may arise when a transaction is contested by one of the parties to the contract or a third party whose interests are affected as a result of the sale of real estate.
The lawyer clarifies the degree of legal capacity of the seller and the buyer, so that subsequently the transaction between them cannot be challenged by the people who are their guardians. The legal status of each of them is established and the possibility of signing an agreement on terms that suit both parties is assessed.
Qualified legal assistance when purchasing an apartment comes down to a legal analysis of the grounds for a person to sell a property, which include:
- Confirmation of the seller's ownership rights;
- Finding out whether someone else can lay claim to the property: heirs, registered relatives who cannot be registered, persons with a share in the apartment and rights of first-priority redemption;
- The presence of encumbrances in a situation where the apartment is the subject of collateral in the form of loan collateral.
Advantages of a construction lawyer in real estate transactions
By contacting a qualified real estate specialist, you can count not only on assistance in preparing all the necessary documents, but also on a thorough analysis of the situation. To support a real estate transaction, a lawyer must make sure that the person planning to purchase or sell a building or structure has such a right.
Thanks to a well-drafted contract, the buyer or seller will receive a 100% guarantee that no claims will arise against the property in the future. After completing the transaction, the lawyer will help you correctly complete the process of registering the capital construction project with government agencies, which will protect you from possible disputes regarding rights to real estate.
Your lawyer: Yulia Viktorovna B. Specialization: construction law, civil law
Education: St. Petersburg State University
Your lawyer: Alexander Borisovich Yu. Specialization: land law, civil law
Education: St. Petersburg State University
Your lawyer: Ivan Aleksandrovich K. Specialization: commercial law, civil law
Education: St. Petersburg State University
Documents required for purchasing an apartment
Providing legal assistance in Moscow when purchasing an apartment can be reduced to preparing a package of documents that are required to formalize the transaction and register property rights:
- A certificate confirming a citizen’s ownership of a residential property, issued by a service responsible for cartography, state registration and cadastre;
- Extract from the Unified State Register of Real Estate;
- Agreement on the purchase and sale of property;
- An act confirming the acceptance and transfer of the object, as well as ownership rights to it;
- Agreement on the transfer of the right to use housing;
- A loan agreement that has passed the state registration procedure, if we are talking about obtaining a loan.
Cost of legal services
The price of support for a purchase and sale transaction in St. Petersburg depends on several factors:
- volume of work of specialists (preparation, transaction management, registration of rights);
- the need to check the seller or buyer for solvency;
- presence of controversial issues in the contract (presence of minor owners, existing encumbrances or legal restrictions);
- providing legal support during the transfer/transfer of money;
- presence at all meetings of the parties;
- distance of the property from the real estate agency office;
- advising the client on all emerging issues;
- development of all transaction documentation;
- checking the property in the Rosreestr database (who is the owner, how long has he owned it);
- other working moments.
The cost of legal support from scratch, on a turnkey basis, will cost the client more than ordering individual works. But the quality guarantee in the first case will be 100%, and when performing one-time functions, the lawyer will only be responsible for a certain stage of the transaction.
What are the risks when purchasing real estate?
You need to hire a lawyer to purchase an apartment in order to prevent the following risks:
- Loss of ownership rights to the purchased property due to the recognition of the transaction as invalid due to the incapacity of the seller or the fact that this property was previously sold to other persons;
- Limited use of the apartment, for example, due to the fact that minor children or other persons are registered there who simply cannot be discharged, as a result of which they may require the allocation of a share;
- The services of a lawyer when selling an apartment will help to avoid the risk of extending the time after which the seller will transfer the housing for the buyer’s use, which is likely if the contract does not indicate specific terms or circumstances under which this occurs;
- Prosecution due to violation of the rights of other people related to housing.
It is mandatory to use the services of a lawyer when purchasing an apartment in Moscow, as there is a high probability of becoming a victim of fraudulent schemes. The most common situations are when housing has some encumbrances or is sold several times, as a result of which other citizens who have also become victims of deception claim it. Legal assistance will help you avoid such situations and prevent financial losses.
Customer Reviews
Feedback from Solovyova I would like to express my deep gratitude to lawyer Konstantin Vasilyevich Solovyov for his qualified assistance in resolving my issue. The decision was made in my favor, for which I am very grateful. I would also like to express my gratitude to the company’s team for their sensitive attitude towards clients.
Gratitude from Balitskaya A.S. I express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his efficiency and professionalism in resolving controversial issues. The pre-trial settlement was completed as quickly as possible.
Balitskaya A.S., 05/15/2019
Thanks to Pavlyuchenko A.V. from Astafieva A.S. I express my gratitude to the Legal Agency and in particular to lawyer Alexander Viktorovich Pavlyuchenko for the work done, high qualifications and high-quality approach. Thanks to Alexander Viktorovich, we managed to achieve a result in court in a case on the protection of consumer rights that I did not even expect. The amount recovered in court even exceeded my expectations. Thank you very much for your qualified work and professionalism.
Sincerely, Astafieva A.S., 03/01/2019
Gratitude from Matvey Fomin I, Matvey Alekseevich Fomin, am grateful to Vasily Anatolyevich Kavalyauskas for the timely legal advice and prompt assistance in resolving my issue. Calm and decisive. Thank you.
Fomin M.A.
Gratitude from Elena and Alexander I sincerely thank lawyer Vasily Anatolyevich for his qualified and polite service. We will always contact you and tell our friends. Thank you.
Elena
Alexander 998-98-59
Gratitude from Soboleva E.P. I would like to express my deep gratitude to Vasily Anatolyevich Kavaliauskas for his literacy, consultation and attention to the client who found herself in a difficult situation; as well as wonderful, sensitive administrators. I wish the company prosperity and good clients.
Sincerely, Soboleva Elena Petrovna. September 19, 2018
Review by Rychnikova G.V. I express my gratitude to your employee Andrey Valerievich Ermakov for providing me with legal assistance.
I also express my gratitude to Diana Sumarokova for her polite and tactful customer service and the very pleasant atmosphere in your office.
Gratitude from Truk N.N. I would like to express my gratitude to Vasily Anatolyevich Kavalyauskus, Alexander Viktorovich Pavlyuchenko and Maxim Andreevich Lobur for providing qualified legal assistance, with the help of which my problem was resolved quickly and clearly. When contacted, I always found understanding and attention. It’s good that the “Society for the Protection of Consumer Rights” employs such lawyers and advocates. I wish you success in your future work and defending the interests of consumers.
Sincerely, Truk N.N.
07.05.2018
Review by Lurie L.D. I, Lurie L.D., want to express my gratitude and gratitude for the competent advice and cordial attitude towards me as a client.
Gratitude from N.S. Khokhlov I am Khokhlov N.S. I express special gratitude to lawyer A.V. Pavlyuchenko who defended my consumer protection rights. I was pleasantly surprised by his professionalism, where he discovered the false address of my defendant registered in the Unified State Register of Legal Entities, and also defended me, as I believe, from the unreasonable decisions of the trial judge. If I need legal assistance in the future, I will only turn to A.V. Pavlyuchenko.
N.S. Khokhlov December 12, 2017
