Buyer's risks when buying an apartment or buying an apartment and not being left without pants.
Quite a few people would agree with me that in transactions, the buyer takes the most risk.
It is he who, when concluding a deal to buy an apartment, may face the fact that he gave away the money, and the deal was declared invalid. And then look for many in the field...
It’s easy to imagine that this is the long-awaited moment of receiving the keys to the apartment, which usually happens in the Registration Chamber or on the threshold of a newly purchased apartment.
The buyer is happy and satisfied with his new purchase. Why not?! He has the right to this! A meticulous selection of options, seemingly endless viewings, intense negotiations and quick execution of the deal and this is the result.
This could be the end for those people who are not accustomed to looking somewhat ahead of themselves. But for those who are more prudent, let’s go back to the beginning and find out what risks await even an informed person.
The fact is that the joy of buying a new apartment may come to naught if the risk of losing it suddenly appears.
And not even because the purchase and sale was carried out with the participation of fraudsters, but simply because there were prerequisites for this.
It is also worth noting that most often the law, in such cases, is on the side of the former homeowners.
Buyer risks when buying an apartment in 2018
1. First of all, to avoid risks, pay attention to the cost of the object. If its price is 20-25% lower than the market price, then there is a high probability that something is “not clean” with the apartment. Free sandwich only from non-liquid items;
2. If you are told that the owner cannot be present at the transaction and the documents will be executed by proxy, then this is a sign of future complications and should alert you.
If you decide to buy this apartment, then approach this matter with special care. Some banks generally exclude working with powers of attorney, for example, Rosbank, at one time. This is one of the strict options for eliminating the risk of an apartment buyer;
3. The next thing you need to pay attention to in order to level out the buyer’s risks when buying an apartment is the number of sales of the apartment you have chosen and the interval at which they take place. The more homeowners this apartment had, the more carefully you need to make the decision to purchase it;
4. Be sure to try to meet with the owner and, if possible, see the persons registered in the apartment. Pay attention to its adequacy. Currently, banks require owners to provide PND and ND certificates to ensure that the latter is healthy.
As for previously registered persons, especially those who donated part of their share to the present owner, they, in this case, must be carefully checked.
If this is not done, then perhaps at one “wonderful” moment, the apartment may be taken away from you in court;
5. If a property is purchased for cash, the justice authorities do not require a technical passport for the transaction. However, you need to request this BTI document from the former owner.
Otherwise, if redevelopment has been done in the apartment, you may not know about it, but later you will have to pay a fine and also for paperwork, coupled with the planned repairs;
6. If not the entire cost of the apartment is indicated in the purchase and sale agreement, the risks increase. It's no secret that nowadays, in order to avoid paying taxes, sellers resort to cunning and carry out the so-called. “million dollar” contracts.
As a result, if such a transaction is declared invalid or terminated for some reason, you will receive back only the amount specified in the contract. In order to avoid such delicate situations, it is necessary to correctly draw up receipts and transfer money;
7. Presence of minor children registered, where and when they were discharged. If the children were not provided with other housing in return with living conditions no worse than the previous one, then this is the so-called. “time bomb” for the new owner.
Practice shows that if the rights of a child are violated, such objects are returned to the children through the courts and innocent buyers suffer - this is the main and serious risk when buying an apartment;
8. Whether the owner is or was married. You will need to find out whether this apartment was purchased at the time of marriage or not. If the owner was married at the time of purchasing the apartment, then the second spouse also has the right to it, regardless of who it is registered to.
Then you will need your spouse’s consent to sell the apartment, otherwise after the purchase you will share part of the purchased property with him.
The same outcome can await you if the owner is divorced, but for less than three years. The ex-spouse may claim his rights to part of the apartment you purchased - this is an unpleasant risk for the buyer;
9. Be sure to pay attention to whether among those discharged from the apartment there is anyone who is serving time in places not so remote. The law provides for the right of such persons to be restored to the right to register and live in such an apartment;
10. Among the grounds for acquiring ownership of an apartment, pay attention to receiving it by inheritance. In this case, be sure to check whether this is a will or inheritance by law. Why do this? In order to be aware of which other heir to expect claims on this object.
In this case, you can sign an agreement with the former owner in which he undertakes, if other heirs appear, to transfer to them part of the funds received from the sale of the property;
11. It would be a good idea to check whether the apartment you have chosen is under an encumbrance or the subject of a dispute in court; this will significantly reduce the risks when purchasing an apartment.
Buyer Risk Summary
- I hope that this sample will give you an understanding of the buyer's main risks.
- I only dare to note that this list is not exhaustive and each apartment situation is strictly individual.
By the way, you can always ask a question to a full-fledged lawyer who deals with the sensitive issues listed in the article. It will help mitigate risks or solve a problem if something has already happened to you.
You can ask a lawyer a question for free in the “Specialists” tab
Happy shopping!
Unlike purchasing an apartment in a new building, on the secondary market you acquire the right of ownership, which is confirmed by a certificate of state registration of rights in your name (until July 2016). And here, too, pitfalls can await you, because of which you can lose both money and housing.
What might a buyer encounter when purchasing a home on the secondary market? I'll list main risks:
1. The appearance of previously unspecified heirs who could qualify for the purchased apartment.
This can happen to almost any apartment that is sold using documents confirming the right to inheritance (a certificate of inheritance by law or by will). Also, do not forget about persons who may have the right to an obligatory share in the inheritance.
2. Violation of the rights of minors during privatization.
This violation often occurs with documents drawn up almost before the mid-2000s. In order to avoid having to deal with the board of guardians later, children were not included among the owners during privatization or were discharged before privatization. Which is clearly a violation of their rights.
3 . Violation of the rights of minors in previous real estate transactions.
At one time, in order to avoid going through the guardianship council, minor children were discharged from the apartment before the sale. This may also entail going to court to have their rights restored.
4. The right to use and reside in the apartment is retained by certain persons, which may appear after you purchase an apartment and, through the court, move into your apartment.
The right to use an apartment can be retained by persons who have gone to prison; previously, military personnel were also discharged from the apartment before serving. There could also be persons who retained the right of use under previous agreements, who were not indicated in the sales agreements when making further transactions (a real case from our practice).
5. Violation of pre-emptive right when selling shares or rooms.
According to the civil code, when selling a share in an apartment or room, the seller is obliged to offer to buy it out to neighbors/share co-owners. Sometimes this is difficult to do and sellers circumvent this legal requirement in various ways.
6. Violation of the rights of spouses.
According to the Family Code, property acquired during marriage is the common property of the spouses. And, naturally, they must manage it together. In real estate transactions, such an order is drawn up in the form of a notarial document of one of the spouses agreeing to the sale. Unfortunately, in practice, cases are often discovered when this rule is not observed.
7.Challenging a transaction by a person who may not understand the consequences of his actions(persons suffering from alcoholism, drug addiction, mental illness).
Although being registered with a psychoneurological or drug treatment clinic does not prohibit citizens from making transactions, it is worth being careful when purchasing housing from this group of citizens and taking care of yourself.
Buying real estate for an ordinary Russian resident is fraught with difficulties. Problems begin from the very first stage - choosing an apartment that meets your needs and capabilities. Despite the rapid growth of new buildings, affordable housing space is still in short supply. Naturally, a potential buyer has painful doubts: which housing option to choose - primary or secondary?
In this article we will tell you the features of purchasing a secondary car. Let's start with the nuances that you need to pay attention to when inspecting secondary living space, and end with documentary support of the transaction.
Buying an apartment on the secondary market
So, you have chosen the “secondary” one. Its advantages: you immediately become the owner of the finished property, you yourself choose the infrastructure of the area of future residence that is suitable for your circumstances, adequate neighbors, and also receive considerable savings in comparison with the “remake” option. And most importantly, you can move in right away!
There are also disadvantages. Is it possible to foresee all the “undercurrents” of such an acquisition? The answer from experts is clear: it is possible, but only after thoroughly understanding the competent advice. And the first one is never enter into a deal without a thorough inspection of the property.
Key points of the preliminary inspection of the selected object
Everyone has their own criteria and priorities in assessing advantages or disadvantages, so you should be guided by objective indicators pointed out by experts.
When buying a home on the secondary market, follow the plan that experienced professionals usually follow.
Be sure to study the history of the apartment before purchasing.
Visual inspection
- It’s better to start getting acquainted with an inspection of the local area and the general condition of the house: Pay attention to the landscaping of the yard
, namely: the presence of children's and sports grounds, landscaping, comfortable benches, parking spaces, fences, grooming and cleanliness. - A neglected appearance, dirt and garbage can serve as indirect evidence of who you will live and communicate with, and will say a lot about careless managers. Old houses are often in poor condition
- . Take a closer look at the appearance: are there any cracks in the walls, crumbled balconies. Explore the entrance inside
- : condition of stairwells, garbage chute. Make sure the elevator is in good working order and that there are no leaks from a leaky roof. Talk to the residents of the house
, and find out how long ago the communal communications were replaced.
It is carried out in stages and involves the following sequence of actions:
A methodical, step-by-step inspection will reveal obvious and hidden defects, which will help reduce the purchase price and protect you from problems after moving into a new home.
It’s a good idea to invite experienced specialists who can evaluate the quality of plumbing work, the correctness of electrical wiring and communications connections, and the extent to which identified deficiencies are eliminated. It’s even better to make an official independent examination of the technical condition of the apartment or demand it from the seller.
Don’t forget: when making a serious purchase, you can’t turn a blind eye to the obvious disadvantages. Bargain or look for an option worthy of your investment.
Conclusion of a preliminary agreement
So, the option has been chosen and it’s time to secure it. The transfer of part of the amount to the seller towards a future purchase must be documented, otherwise in the event of a failed transaction, these funds may be lost to you. Therefore it is concluded. It contains the following points:
- Passport and contact details of persons those making the transaction (seller and buyer), addresses of actual location.
- Address and description of the apartment, for which an advance (deposit) is paid.
- Deadline for concluding a deal and signing an agreement purchase and sale.
- Purchase price taking into account the commission payment and a ban on changing it.
- Advance amount(deposit). When making an advance, it is concluded.
- Deposit return period, if the transaction did not take place due to the fault of the seller.
- Apartment vacancy period: deregistration of residents and removal of personal belongings.
Advance and deposit differ in the method of return to the buyer: the deposit is paid in double amount.
The transfer of the deposit must be recorded in a receipt from the buyer.
Required documents when purchasing a secondary apartment
Another important task that the buyer must solve is checking the documents for the purchase and sale transaction. All of them must be originals:
Let's look at the title documents in more detail. These are contracts of donation, inheritance (will), purchase and sale. The form of transfer of rights is important for determining the range of additional documents.
- By inheritance. The written consent of other heirs, if any, is required.
- According to the gift agreement. Such a right can be alienated by the donor if significant damage is caused to the property. Information on how to correctly draw up a deed of gift for an apartment
Buying real estate is a very responsible matter. But despite this, deception when buying an apartment is a very common occurrence. In order to avoid being deceived when buying an apartment by the seller, study more carefully the living space being sold and the title documents for it.
Risks when buying an apartment
Many have seen advertisements in print media about the purchase/sale of an apartment without intermediaries. On the one hand, this approach significantly saves money on both sides. But, on the other hand, it significantly increases the possibility of adverse consequences.
An experienced realtor or lawyer will be able to solve all sorts of problems at the initial stages that may complicate the conclusion of a deal in the future. Therefore, if you have the opportunity, use the services of professionals.
Statistics maintained by real estate agencies and law enforcement agencies show a fairly high level of fraudulent activities during purchase and sale transactions.
Such actions are primarily associated with the provision of fake documents. Of course, we will not be able to verify the authenticity of all documents, since not all databases have open access; but, for example, it is quite possible to find out about the presence of “extra” people in an apartment from an extract from the house register.
The next risk is associated with settlements under a purchase and sale agreement. In most cases, monetary transactions between the seller and the buyer are carried out in cash. On the one hand, this saves time, on the other hand, there is the possibility of losing all your money.
Pay attention to those cases when the seller insists on a very urgent sale of the apartment and is even ready to make a “good discount”. As a rule, this may be due to the fact that the owner of the apartment is not a bona fide purchaser.
How to buy an apartment without risk?
So, let's take a closer look at the aspects that you should pay attention to when buying a home.
Preparation of documents. Of course, you need to trust the seller. But don't forget to check his words. You and I understand that transactions for the purchase and sale of an apartment are not the cheapest, and therefore we must treat them with the utmost caution.
We need to check the following documents:
Inspecting the appearance apartments. We will immediately clarify all the points that may concern you. For example, a poorly closing door, leaks on the ceiling, etc. After the fight, it will be too late to wave your fists.
Pay attention to the price. In general, you should have a general idea of the value of real estate in your area. Such information can be obtained by monitoring the real estate market.
Don't know your rights?
And, accordingly, if the apartment is not bad, but the price has been reduced, then there is something wrong here. Of course, a “good” option is also possible, when the owner simply does not know the prices and put the apartment up for sale without thinking, or he urgently needs money.
But there are times when fraudulent schemes come into play. For example, registration of a purchase and sale transaction using forged documents. Check everything thoroughly.
“Special” options for selling an apartment
Here we will briefly consider 3 situations: the sale of an apartment by assignment of rights, the sale of an apartment received as an inheritance, and the sale of an apartment in shared ownership.
- Sale of an apartment by assignment of rights. This option is possible under two agreements: an agreement of shared participation in construction and a preliminary purchase and sale agreement.
According to experts, the “safest” agreement is a share participation agreement in construction. This is due to the fact that in addition to the provisions of the civil code, the buyer has additional “protection” under 214-FZ. But such an agreement involves the assignment of rights only by agreement with the developer. Moreover, if the apartment was purchased with a mortgage, then permission from the bank will also be required.
If a contract for the assignment of rights was signed, and the developer did not fulfill his obligations, then there can be no claims against the original owner. The assignment of rights must be registered. An exception is a preliminary purchase and sale agreement.
- Buying an apartment received by inheritance. Inheritance in accordance with the law can be by law and by will. In both cases, it is possible to transfer the apartment to the heirs.
But the law “tacitly” establishes priority for the will. The main fraudulent scheme in this case is the forgery of a will.
According to the law, there are several lines of inheritance. The first includes close relatives of the deceased - children, spouses, parents. But there is another “unscheduled” queue - by right of representation. Such heirs have priority.
In addition, a so-called “testamentary refusal” is possible, when the deceased indicates in the will that, for example, his son must provide his mother with housing for the rest of her life.
Therefore, if the son suddenly decides to sell the apartment received by inheritance, the mother will exercise her right of residence by testamentary refusal.
The main problem when buying an apartment received by inheritance is the “sudden” announcement of heirs who were not included in the queue. This is due to the fact that the powers of notaries do not include checking all the relatives of the deceased; they only “record” all citizens who apply for an inheritance within the period established by law.
The second aspect that you should pay attention to is the situation when the seller is recognized as an “unworthy” heir, and the purchase and sale transaction has already been completed.
Case study: A brother and sister claimed the inheritance in the form of an apartment. After the opening of the inheritance, the apartment was divided between the two of them. After some time, the sister “disappears,” although the brother claims that she got married and left. In fact, he kept her locked in the basement all this time. The apartment, naturally, was “re-signed” to him, and he sold it. But my sister somehow managed to get out and run to the police. Well, then, as in the Brazilian TV series: the court declares the brother an “unworthy” heir and returns the apartment to the sister. Everything would be fine, but what should a bona fide buyer do in this case? File a lawsuit against your brother to claim the money transferred for the apartment.
- Purchasing an apartment in common ownership).According to the current legislation, there is common shared and common joint property.
The main feature of transactions with such property is that the consent of all owners must be obtained for the disposal of joint property: it can be expressed in the form of a notarized consent; or the owners are included as parties to the purchase and sale agreement and each sign for themselves.
The most common situation is the sale of an apartment that is owned by two spouses. Or another option is possible: the apartment is owned by the husband, the wife is simply registered, but the property was purchased during marriage; Accordingly, the sale of living space requires the consent of the wife in any case.
Otherwise, the transaction may be declared invalid. Such citizens (whose consent was not “asked”) can go to court within 1 year from the moment they learned or should have learned about the transaction.
A separate issue is the situation when one of the owners of the apartment is a child. In addition to the consent of the guardianship and trusteeship authority to complete the transaction, parents or legal representatives must provide the child with “new” living conditions no worse than they were before. If they do not do this, then the minor retains the right to use the apartment, even if it is already owned by another person.
You can never predict all unforeseen situations. The main thing is not to get lost when difficult questions arise, but to solve them as they arise.
If you are confident in the “correctness” and reliability of all documents presented by the seller, then it will be much easier for you. And if you also turn to realtors, save yourself from wasted time and mental energy.
When buying an apartment, many buyers make a lot of mistakes, both legal and financial. Buying an apartment is not difficult, but you need to do everything carefully so as not to regret it later. To avoid risks, you can contact an intermediary agency, whose realtors will provide transaction support. But this option is very expensive, and therefore many people decide to purchase an apartment on their own.
There are a lot of risks in the secondary real estate market and there are a lot of scammers in it. If you are looking at an apartment, the first thing you should do is carefully read the owner’s passport, as well as the right of ownership of the apartment. You should verify the authenticity of these documents, since very often on the secondary market apartments are sold using fake documents and to several buyers in one day. To prevent this from happening, be sure to make sure that this is really the real owner of the apartment being sold. To do this, you can talk to your neighbors, who will tell you whose apartment it is.
Experts do not advise purchasing an apartment that was only recently received by inheritance. In this case, there is a very high risk that other applicants for your housing will appear and will prove their rights in court. To prevent this from happening, it is better to refuse to buy a recently inherited apartment.
Real estate transactions, especially secondary ones, are rightfully considered the riskiest of those that our fellow citizens most often enter into. For example, the purchase of an apartment, the ownership rights to which belong to a minor, requires careful verification and time. In this case, you will have to wait a long time for permission from the board of trustees to sell such an apartment. If the child only owns a share or is simply registered in the apartment, then a certificate of permission to sell such an apartment is also required.
Very often, housing is sold by incapacitated people, and their guardians later begin litigation, proving that the apartment was sold illegally. If you have any doubts about the seller’s competence, be sure to ask for certificates from the relevant dispensaries. You can do this without any suspicion, just to be on the safe side.
There are frequent cases of selling housing on the secondary market by proxy. Experienced realtors believe that buying an apartment with a power of attorney is very risky, because a power of attorney can be obtained by force or deception, and later the deceived former owner of the home begins to prove his rights in court and the deal is usually cancelled. But if you really like the apartment, then be sure to arrange a personal meeting with the owner of the property and find out the reasons for issuing the document.
There are a lot of scammers in the secondary real estate market, and transactions are full of pitfalls and unpleasant surprises. To avoid getting into trouble, if you have the slightest doubt, seek advice from an experienced lawyer, which will cost much less than the money lost on an unsuccessful deal. Have a good deal!