The legal cleanliness of the apartment: we check it ourselves. How to check an apartment before buying (the nuances of the transaction, documents)

An independent deep check of an apartment before buying it is a rather difficult process, requiring vigilance and due attention to every nuance.

Only after analyzing all the information collected, you can proceed to the execution of the transaction, without fear of being drawn into the funnel of litigation. Within the framework of this article, we will consider how to check an apartment before buying on our own: what exactly needs to be checked, in addition to the physical condition of the apartment and the compliance of the housing parameters with the seller's statements.

Features of checking primary real estate

The main check of the acquired housing on the primary real estate market is carried out long before the moment when the apartment will physically exist - not the apartment itself is bought, but the right to claim housing. Most of the contracts are concluded with developers at various degrees of readiness of a residential building, while the information about the developer himself, whether he has the appropriate documentation and permits, is carefully checked. In addition, it analyzes its activities on projects implemented earlier - whether the deadlines were met, whether the equity holders had any quality claims, whether there were legal proceedings.

Based on this information, the potential buyer makes a conclusion about the decency of the developer, about the factors that may indicate a high probability of successful completion of the project (for example, bank accreditation may indicate the possible support of the developer if the latter has financial difficulties)... And vice versa - constant delays in terms of past projects, numerous complaints from equity holders may indicate that the developer may face bankruptcy on the current project.

Secondary market: is it really the owner in front of you?

When buying real estate on the secondary market, you need to make sure that the person offering the apartment (share in it) and who claims to be the owner is indeed the owner of the home. To do this, you need to look in your passport and ask for documents that are the basis for changing ownership. Depending on the specific situation, these are:

State registration certificate;

Contract of sale;

Donation;

Hereditary documents;

Privatization agreement.

It is also necessary to carefully study the information contained in the extract from the Unified State Register, this document contains data on the ownership of real estate, as well as data on the presence of encumbrances (If there are any)... For reinsurance, do not limit yourself to a simple statement, but request an extended version of it. In this case, in addition to specifying the owners, you can get information about title documents, as well as get acquainted with the history of home ownership from the moment the first entry about the apartment appeared in the state register. That is, among other things, it is important to understand how many times the apartment has changed ownership over the past few years. If only in the last couple of years the apartment has changed owners several times - this is a serious reason to increase your vigilance.

Encumbrance. What surprises can you expect

It is very important to study such a section as encumbrances in the statement, where it is clearly indicated whether the apartment is pledged. The presence of encumbrances does not always mean that you should immediately abandon the transaction, it happens that the remaining mortgage payments are the minimum amount, and you can simply pay off the balance of the loan in order to immediately "clean up" the purchased apartment.

However, if the seller did not mention the presence of encumbrances, this is a very serious signal that may indicate the likelihood of fraud.

As lawyers and professionals of the real estate market point out, just reviewing the extract will not help to obtain comprehensive information about the object and its owners. It is important to know that the term limitation period in most cases, it is three years, which means that it is important to make sure that there are no conflicts during this period related to the housing being sold. Official base these courts can be of great help in this matter.

For example, in the database of the arbitration court in the open access there is information about people who have ever been declared bankrupt, in the court archives there is also information about the participation of one of the previous owners in judicial activities. The necessary information can be obtained online, just enter the names and initials of the former owners on sites offering similar services (which have been for the last three years).

Registration issues: all tenants must be deregistered

To make sure that no one is registered in the apartment, you will need an extract from the house book. Of course, the conclusion, from which all are written out on the day of sale, is an ideal option, but in practice this is not possible in all cases. If it is impossible to deregister one of the previous tenants right now, it is important to prescribe clear terms for deregistration in the contract. If people who are not owners are registered in the apartment (but having the right to use the living space), their obligation to deregister within a specified period must be notarized.

Community debts: negative "bonus" possible

In addition, documentary evidence is required that all utility bills, capital repairs and other current maintenance costs of the property have been paid, and the management company has no claims against the seller. If, by prior arrangement, an apartment is purchased with debts, it is necessary to obtain official data on the exact amounts. Again, a good seller will immediately inform the buyer of any outstanding debts.

Apartments after redevelopment: is it worth the candle?

Nicely and conveniently redesigned apartments can be very attractive to buyers, but deciding on such a deal, you need to make sure that all work was carried out legally. Therefore, it is worth spending time studying the floor plan, technical and cadastral passports, which, among other things, indicate the exact area of ​​the apartment, the location and configuration of the premises. In the event that the layout elements visually diverge from the technical documentation, a separate decision should be made.

It must be remembered that the current owner of the home is responsible for illegal replanning, and he will bear the costs of legalizing the redevelopment (or will be forced to return the apartment to its original state, if it is impossible to draw up the relevant documents).

At the same time, the seller may not have any malicious intent, the desire to deceive and get rid of an incorrectly refurbished apartment, many owners sincerely do not know about the illegality of the changes made until the moment of sale. If you have no experience or desire to understand technical documentation, it is worth consulting with professionals.

It will take time to legitimize modernization. If time permits, you can issue a new registration certificate yourself, register the changes, but first you need to make sure that the work performed has not violated technical requirements, and obtaining new documents is possible in principle.

Risky options: power of attorney, inheritance, historical moments

Very often, and the real owner does not take any part in the transaction. Experts attribute such objects to risky contracts, since powers of attorney are far from being legal in all cases. It is not difficult to remove all suspicions - you need to contact the owner of the property (whose surname is inscribed in the Rosreestr data)... If the authorized person by hook or by crook tries to hide the owner's contacts, you should not risk it. The power of attorney itself must also be carefully considered - the document must be current and notarized.

If, when checking the documents, it turns out that the apartment has changed owners many times, and most of the transactions were carried out by power of attorney, this is a reason to look for another suitable property.

The options for apartments that are put up for sale immediately after the inheritance are also not easy. It is not excluded that other heirs may appear, whom the legislators have granted the right to challenge in court the transaction related to the sale of the inherited real estate within a three-year period.

If the property for sale is jointly owned by the husband and wife, the consent of the other spouse to the sale is required. This must be a written document, preferably notarized.

Special attention should be paid to situations when minor children are registered in the apartment., even more vigilance should be shown if they own any part of the housing. It is important to have the consent of the guardianship authorities, since if the fact of non-observance of the interests of the children is discovered, the court will recognize the transaction as invalid. As for people who are officially recognized as incapacitated, only a legal representative can act on their behalf and only with the consent of the guardianship and guardianship authorities.

Each apartment of the previous years of construction has its own history, which usually begins from the moment of privatization. It is from this date that you need to start checking, making sure that all registered owners are the owners, know about the sale, or are ready to check out. There are situations when someone alone privatized an apartment, forgetting about the rights of other family members, who, for example, are serving sentences in a correctional institution or simply left in an unknown direction. If these people show up and claim the rights, privatization can be declared illegal and the buyer will suffer as a result.

Suspicious moments: low price and peculiarities of the seller's behavior

If the apartment is sold urgently, and exhibited at a price that is much lower market value, this fact in itself should be alarming. This does not mean that you need to cross this object from the list. possible options, but it is imperative to carefully study all the nuances. What the seller communicates orally should correspond to the information available in the documents; in case of significant discrepancies, it is still better not to conclude a deal.

If the seller behaves "outside the box", has pronounced signs of alcohol or drug addiction, or simply his behavior arouses suspicion, it is worth remembering the existence of the likelihood of various kinds of legislative collisions. As practice shows, a huge number of problems arise in cases when the seller is not officially recognized as incompetent. (not registered with a drug or alcohol dispensary), but his condition is such that in court it will be possible to prove without much difficulty that at the conclusion of the transaction he could not be aware of the significance of his own actions.

If you want to buy such an apartment (at an attractive price), you should still play it safe and ask for certificates about whether the seller is registered with a narcologist, whether he is under the supervision of a psychiatrist. Even better - on the day of signing the contract, ask him to undergo an examination, as a result of which a certificate should be issued stating that the person has the right to sign documents.

If the owner does not provide documents

It should be noted that not all homeowners are ready to show the entire package of documents to every potential buyer. Many argue that they are ready to do this only after receiving an advance payment for the upcoming transaction. However, if you know the exact address of the apartment, you can order an extract from the USRR yourself - anyone can find out about it, even if they have nothing to do with the apartment.

On the other hand, the refusal to provide information, especially those that are of a public nature, may already lead to bad thoughts.

We carefully read the contract

The purchase agreement, which serves as the basis for registering the change of ownership, is a very important document, the provisions of which, however, many home buyers prefer not to read. This document often contains conditions, non-observance of which entails termination of the contract. And this is a serious reason to carefully study the conditions to make sure that these provisions can be met in principle. Otherwise, along with housing, you can acquire the need for compulsory participation in lengthy litigation with an outcome that is difficult to predict.

Many sellers ask buyers to indicate a reduced amount in the contract in order to subsequently save on tax. (if the property has been owned for less than five years)... However, this technique does not work today - tax is calculated automatically based on cadastral value housing, and not from the amount specified in the contract.

Conclusion

Lawyers assure that there are no 100% risk-free real estate transactions, especially when it comes to real estate in the secondary market, where the apartment has changed owners more than once during its existence. However, if you carefully double-check everything, and in disputable cases or in the presence of any ambiguous circumstances, also involve specialists, the possibility of unpleasant consequences can be minimized.

The housing market is constantly changing, with changes in legislation and other circumstances, new ones appear fraudulent schemes, new loopholes in laws. As a rule, those who, by the nature of their work, are not associated with the real estate market, do not know what to pay attention to, because of this, their risks increase.

Regardless of whether the transaction is carried out independently or with the involvement of a realtor, it is recommended to enlist the support of an independent lawyer practicing in the field of civil and housing law.

Igor Vasilenko

Buying an apartment on the secondary market is convenient because you can move into it almost immediately. There are no risks of postponing the delivery of the house due to problems with the developer. At the same time, buying a finished home is also fraught with risks. For example, it may turn out that third parties are claiming the apartment, encumbrances have been imposed on it, and it is being sold by a person who does not have the right to do so.

Contacting lawyers or realtors can mitigate these risks. But if you have the time and desire to understand the intricacies of the procedure for acquiring housing, you can do it yourself. In this case, the basic rules for self check conservatism and caution must become. In other words, if you have minimal doubts, you should turn to professionals and not risk it. With the help of a lawyer, The Village figured out how to check the "cleanliness" of the apartment being sold.

1. Choosing an apartment

When choosing an object for a future transaction, you should carefully examine it. This will avoid unexpected problems with illegal redevelopment, wiring and neighbors after the purchase.

Yaroslav Petryk, Senior Associate at Padva & Epstein Law Office: It is necessary to obtain information about the technical condition of the residential building and the apartment itself (year of construction, materials and condition of structures and ceilings, utilities, electrical wiring, sanitary condition of the entrance and adjoining territory, social status of neighbors).

It is important when examining to check the actual layout of the apartment with the documents of the bureau technical inventory(BTI) on it (explication or technical certificate). The seller can provide such documents for comparison. The fact is that the housing legislation of Russia requires coordination with local authorities of almost any reorganization and redevelopment. living quarters... And the implementation of redevelopment without the approval provided for by law is administrative offense, which is punishable by a significant fine.

2. Verification of title documents

If the results of the inspection and verification of the conformity of the apartment layout with the BTI documents satisfy you, you should proceed to the study and verification of title documents for real estate.

Yaroslav Petryk: Most often, such documents are contracts of purchase and sale, exchange, donation, and privatization contracts. Ownership may also arise on the basis of entered into legal force court decisions, certificates of the right to inheritance, contracts of lifelong maintenance with dependence (rent). Less common are cases when a right arises, for example, on the basis of an act of a local government body.

The documents of title must be checked for their authenticity. There should be no signs of forgery, that is, erasures, additions or other unspecified changes in their content.

It is also important to pay attention to the terms of the contracts. The previous and current owners of the apartment could fix in the contract a condition, the failure to fulfill which entails the emergence of one of the parties of the right to unilaterally withdraw from the contract or to terminate it. If there is such a condition in the title document, you should obtain from the current owner (seller of the apartment) documents confirming his fulfillment of this clause of the contract.

Particular attention should be paid to cases when the seller received an apartment as an inheritance or as a gift, but is not a relative of the previous owner. In this case, a dispute between the seller and the relatives of the previous owner about the right to the apartment is possible. If such an owner tries to sell a home almost immediately after registering his title to it, special care must be taken.

3. Checking the history of the apartment

Then you need to ask the seller for an extract from the Unified State Register of Rights to real estate and transactions with it (EGRP) on the transfer of rights to real estate. This document contains information on the transfer of ownership of the property, on the presence of arrests and bans on transactions with it. It is worth tracing the history of transactions with the apartment from the moment of its construction or from the moment the USRR was created in 1998.

Yaroslav Petryk: It is worth paying attention here, in particular, to how often for recent times transactions were carried out with the apartment. Completion of a chain of transactions with an apartment within a short period of time may indicate the presence of legal problems at the stage of concluding one of them. This circumstance indicates the existence of a risk of disputes over the title to the object.

Also, upon discharge, you should check whether the apartment was in disputes, whether arrests were imposed on it, whether there are encumbrances. In itself, the presence of disputes in the history of an apartment does not necessarily indicate the existence of a risk of its loss after purchase. But the circumstances surrounding the dispute must be carefully examined. In particular, find out if the statute of limitations has expired (usually three years), when and how the case ended. It is advisable to draw final conclusions about the legality of the seller's ownership of this apartment after consulting a lawyer.

4. Verification of the seller's credentials

After checking the history of transactions with an apartment, you should exclude the risk of paying money to a person who is not its owner, and therefore does not have the right to sell it.

Yaroslav Petryk: Attackers can use an invalid or lost passport when selling an apartment. To check the validity of the passport by the Federal Migration Service Russian Federation(FMS) a specialized service has been created on the official website. However, the information on it is for reference only. Official information can be obtained by contacting the FMS department.

The seller's legal capacity should also be checked. The surest way is for the seller to obtain certificates in the narcological and neuropsychiatric dispensaries in your presence.

If the contract is signed by a representative of the seller under a power of attorney, it should be borne in mind that this creates additional risks. When faced with a power of attorney, it is necessary to check whether the power of attorney has expired, whether it has been canceled, whether it has unambiguously expressed powers to conclude a transaction with an apartment.

5. Verification of the rights of third parties

To check the rights of third parties to an apartment, you must obtain an extended extract from the house book from the owner. This document indicates who is registered in the apartment and whether these people retain the right to reside in it after the sale.

Yaroslav Petryk: Third parties can also dispute the rights to the apartment. For example, a missing family member registered in an apartment at the place of residence.

If minor children are registered in the apartment, before signing the contract, you should make sure that you have permits from the guardianship authorities.

From the seller who is in a registered marriage, it is necessary to obtain a notarized consent of the spouse for the alienation of the apartment.

If the property is located, then according to the new rules the contract must be notarized.

Next, the document is submitted to Rosreestr with the rest of the paper. The parties to the transaction can do this in person or transfer them through the multifunctional center. As for the transfer of money, the landlord and the buyer must agree on this in advance. Money can be transferred to a current account, handed over in person or through a safe deposit box.

Additional expenses of the parties in the implementation of the transaction are different. If there is a need for notary services, the buyer pays for them. The approximate cost is about 1% of the housing price. The state duty for registration of the contract must be paid by both parties, dividing the amount between themselves.

Also, the seller must pay from the amount received if the property has belonged to him for less than 5 years.

The documents

The sales contract must be drawn up in accordance with the rules established by civil law. The document necessarily includes essential conditions:

• the address where the property is located;
• property characteristics (footage, floor, etc.);
• price;
• information about the owner;
• terms of payment.

It is desirable to attach to the contract.

To complete the transaction, the parties are required to provide:

• personal documents;
• documents confirming the ownership of the seller;
• power of attorney (if necessary);
• application (for registration of the contract);
• certificate of payment of the duty;
• additional papers.

Additional documents include the consent to the transaction of co-owners or guardianship authorities. The buyer has the right to demand from the owner of the living space:

• certificate from EIRTS (about absence);
• technical passport.

For your information: if the landlord refuses to show these papers, there is a possibility of fraud with the apartment.

Purchase rules

Real estate transactions should always be carried out slowly, considering each step. There are many ways to cheat customers, which at first glance seem completely legal. Therefore, when purchasing an apartment on the secondary market, you need to adhere to the following rules:

1. Payout. The seller may require small amount ahead and has every reason for it. For the buyer, the advance payment is a guarantee that the deal will not "fail". But lawyers still advise to conclude an advance agreement that will allow the buyer to take their money back in case of unforeseen circumstances. The document must also contain information on penalties for canceling the transaction.
2. If the parties decide to conclude an advance payment agreement, it is also necessary draw up a separate annex on the technical condition of the apartment... Attached are photographs and other documentary evidence.
3. By giving the advance to the seller, the buyer must receive. It is she who confirms the receipt of money by the seller, and not the advance agreement.
4. In the next step, the buyer must start the procedure for preparing documents... If it is an apartment, the bank will provide the list of required papers.

Nuances

Negotiations with the seller should include not only the transfer of money, but also the solution of other important issues:

1. When is the seller and his family members?
2. When will they release the living space physically (if the seller lives in the apartment)?
3. What will the seller leave to the buyer in the premises?
4. When will the former owner take out the things?

All these and other important issues should be resolved by the parties to the transaction. before the conclusion of any official papers.

Help: this especially concerns the discharge of tenants, since after the sale and purchase this procedure may be delayed. And the new owner will have to write out strangers on their own.

Real estate transactions are often thwarted by the fact that the owner of the apartment raises the price. The buyer has several options for action:

1. Refuse to purchase.
2. Insist on the old price. A good argument in this case is the advance payment agreement. It can be used as evidence of the seller's misconduct during legal proceedings.
3. Agree to a price increase.

For your information: unscrupulous realtors are often engaged in raising prices, while the owner of the living space does not even know about it. Therefore, lawyers recommend discussing this issue only with the seller.

Risks. How not to be fooled

Such a deal has some pitfalls that the buyer must be aware of:

1. ... It is necessary to carry out a sale and purchase with a trusted owner only after a thorough check of documents. Practical example: N. bought an apartment by power of attorney, which the owner K. registered in M. But after the paperwork was completed, it turned out that K was mentally unwell and had no right to carry out such transactions. The contract was terminated.
2. Participation in the transaction of legal entities. The buyer should be wary if the seller of the property is an organization.
3. The apartment was purchased by the seller. By law, such housing is issued for all family members, including children. And with children, they must be registered on a different living space. If the seller ignores this rule, the transaction may be declared illegal.
4. Homeowner - Partially Disabled Citizen... Most often, such a seller suffers from alcoholism, drug addiction or mild mental disorders. He can conclude transactions, but his health condition may cause a lawsuit to invalidate the sale by relatives.
5. The property is owned by both spouses... Required notarized consent of the husband or wife to the transaction.
6. Quantity. Practical example: the apartment was bequeathed in equal shares to brother and sister. But the brother illegally sold the property without notifying his relative. As a result, the court declared the transaction illegal and demanded the return of the property. In this case, the buyer remained the injured party.
7. Availability . The apartment can be mortgaged, etc.
8. ... Its consequences will have to be eliminated by the new owners (pay a fine or make repairs).
9. The property is in... Co-owners have a preemptive right to buy out a part of the seller. Therefore, the transaction can only take place after their refusal. Violation of this rule will result in trial, and the court will be on the side of the co-owners.
10. The house is on the resettlement list. Selling apartments in such a building to individuals is prohibited by law.

These are the main points that the buyer must pay attention to before buying a home. Any alarming fact should force him to double-check the documents provided or to continue looking for an apartment further.

Questions and Answers

How to check the history of an apartment before buying it?

Answer: First you need identify the seller... For this, his civil passport and documents for the apartment are checked. Passport data can be checked on the website of the migration service. It's even easier with an apartment - you need to order an extract from the Federal Register.

How to protect yourself in a power of attorney transaction?

Answer: Firstly, a power of attorney for the implementation of this kind legal action must be notarized... The authenticity of the notarization can be verified in the Spark system. Secondly, it is important to find out for what reasons the owner does not personally sell real estate. The buyer needs to pay attention to the date of the conclusion of the document. If the validity period is not specified, then the power of attorney is valid for only 1 year. If possible, it is advisable to communicate with the owner of the apartment without his trustee.

Knowing how the purchase of a home on the secondary market takes place, it is easy to protect yourself from fraudsters. The main thing is not to rush, anticipating a housewarming, but to carefully check the documents and take into account possible risks.

On the risks and rules of buying a home in the secondary market - personal opinion in the blog of Roman Grinev.