Build Daily

August 12, 2017 18:07

Saga of choosing an apartment 2. Check the legal purity apartments - insure yourself from surprises

comprehensive check when buying an apartment - is it worth to be so scrupulous?

Continued.Home: Part 1: The Saga of choosing an apartment 1. Types of houses and apartments selection.House of foam blocks and other buildings - are beginning to buy an apartment with this criterion

For best apartments absence of any prior history.This condition is most often performed when buying an apartment in a new building directly from the developer, there is minimal risk of being cheated.However, even in this case, for the construction of the equity share is:

  • sold (not once),
  • presented,
  • inherited.

And after putting the house in operation and paperwork apartment can be transferred under the contract of rent.In the new building the apartment after the paperwork can be registered tenants.Pai equity could not be issued to one person, respectively, and co-owners of an apartment can be, for example, a husband and wife and three brothers.

Therefore, let us consider the general case.Buying an apartment in new bui

lding shareholder after putting the house in operation and registration of documents for the apartment in many positions it falls in the general category.The difference is that the new building is usually still a "short history".

After putting into operation new building and design documents for the apartment (the order of their receipt will be described below) only the persons mentioned in the documents of title can act as sellers of your chosen apartment.

Particular attention should be paid to apartment, decorated by right of inheritance.In this case, after the sales transaction can "swim" the least to start and unaccounted persons with an ardent desire to contest your rights.

Another point.Check the history of the apartment it is better not to trust anyone, not even the agent, finder for you so wonderful properties (although his support participation in the process of verification is welcome).Yes, in the case of losing a dispute over a transaction agent may lose reputation.You - far greater - a roof over his head.And it is very possible, and the money spent, or most of them, so due diligence apartment must occur at your curious presence and active participation.

Receipt and verification of documents for an apartment in new building

After completion of all work (and construction, and finishing) envisaged by the project, the developer invites representatives of BTI for the measurement and preparing technical documentation for the state registration of the house.After inspection of the architectural supervision of representatives (most often in conjunction with a group of real estate investors who care), the developer removes imperfections and receives an act of acceptance at home.

Last sent to the local administrations, which gives permission to enter the house in operation.House gets a mailing address, and access to all city communications.The developer enters into a contract with a company that will be home to a possible decision on the establishment of the HOA residents.After that meeting each owner of the apartment sign the act of reception and transmission apartment and the owner receives the keys.

So, it happened!The owner rewarded for your patience, and your key opens the door to his apartment.He feels proud owner of the coveted real estate.However, the feelings, as so often happens, deceived him.However, he did get the keys and the transfer act, but merely an opportunity to become a happy owner.

He will next (complicated) stage of legal registration.This process depends not only on it and can last long enough.Sometimes people live for years in their apartments paid without formally being their owners.

sell "their" property in the new building is not possible during this period.

paves the way for the state registration of individual apartments the developer transfer to Companies House a copy of the permission to enter the house in operation, and a number of other documents.After that, the participant shared construction must submit to Companies House:

  • statement on state registration on their behalf;
  • document confirming the payment of state duty;
  • contract on participation in the joint construction + all additional agreements;
  • act of transfer and acceptance signed by the developer and individuals pay for the apartment;
  • floor plan and a plan of the apartment (you need to be the same);
  • copy of your passport;
  • power of attorney, certified notary public, if the owner trusts anyone to perform all the necessary movements to produce documents.

period provided by law for the registration of property rights in this case is 30 days.After careful review of the documents submitted in the Unified State Register of rights corresponding to the entry is made, and the owner of the apartment becomes its rightful owner.

It is clear that such a complex procedure rarely takes place "without a hitch", sometimes owners of apartments have to enter into a property right by a court decision.The latter, together with documents from the BTI is submitted to Companies House, and across the state 30 days the owner of the apartments comes into its own, independently of the decisions of other "higher" conflicts.

So only certificate of ownership issued by the Registration Chamber , allows the first owner to sell the apartment in it, donate, bequeath or annuity contract.Doing this may only those persons who are specified in the certificate vysheoboznachennyh.Next, consider the steps to be taken before buying an apartment in new building.

Checking the legal purity of the apartment and its owner

absence of the latter and his representation by proxy - a cause for very serious doubts and, possibly, failure of the transaction.Especially if the power of attorney to represent the interests of framed abroad, because at the time of the transaction, it can be canceled.

If you still make a deal with a representative by proxy, it is necessary to check carefully what is the trustee, if only to conclude an agreement or, for example, to receive money on the transaction, etc.It is advisable to go to a notary's office, which was granted a power of attorney, and to clarify how the extradition process.

But even when he property owner in front of you, a handshake is not enough.Be sure to take into the hands of his passport and a check (up to each of letters and numbers) the identity of the passport data with the data specified in the title documents.Of course, the title document to be a "wet" seals. No copies are not suitable at the time of inspection.

makes sense and checking of passports.Having written a series, document number, date of issue, name of its owner, you can verify the passport office, that such a document really stood out.Figure out what it is issued to the person presenting the apartment as the owner, visit the passport office and the document and its owner.

much more difficult to find out whether the landlord has capacity.For this is necessary to inspect Seller in the mental and drug treatment clinics and get help where appropriate.If this is not done, and it turns out that the owner of the apartment - the client of these institutions or just at the time of signing the contract was under the influence of drugs (such certificates also provide savvy "representatives of the Seller"), a contract of sale apartments may be terminated.

our bureaucratic system is imperfect.Therefore, if the owner of the apartment to relocate, will have to bypass the clinics and all previous addresses.For details about the client of these institutions may be lost during transmission or in general "stale" at one of the addresses.

However, if the apartment is very much liked, it is possible during the transaction (in the presence of a notary) examine Seller qualified physicians.In the case of a legal guardian (trustee) is enough to get his consent, certified by the guardianship.

Of course, if the landlord is not one, then you need the presence of all the co-owners in the transaction (with their "second half") or a notarized consent to sell the apartment all the above entities.

Thus, it is impossible to carry out a deal with the owner (s) apartment, acting by proxy, incompetent host (hosts) with the person (s), passport which arouses suspicion.

Due diligence apartments and find the owners of apartments

Check all owners should be carried out as thoroughly and on all counts.After all, the reasons for the possible termination of the transaction the same weight in all the co-owners.The most common building at the time of sale does not have time to get a prescription, and living in it faces, but sometimes it happens, and for such an eventuality the buyer must be prepared.

In extended excerpt from the house you can find out who residents registered at the moment in the apartment you are interested in, and who have the time to sell it reserves the right to residence.Get the extract can the owner of the apartment for free in ZhEKe at his residence.To this end, in his arms must be:

  • certificate from the BTI or proof of ownership on this property from the Unified State Register (Unified State Register of rights to real estate and transactions with it);
  • title document - a contract types which are listed below;
  • passports and birth certificates of all persons in the apartment.

Without a full set of documents ZhEKom statement is not given - it is necessary to protect the privacy of the information, if any statement will be ready in one day.It may be that some of the persons registered in the apartment, no.And no one knows where that person is in a period of preparation of documents for the sale of the apartment.Such a person is called "missing."

Absent person may, for various reasons: to be in a long trip (on a secret mission or in prison), to be on long-term treatment, etc.It is likely the case where the "missing" person after the sale of an apartment (even several years) becomes really present and begins to challenge the transaction.

even getting out of prison agreed to sell the apartment can not guarantee the "purity" of the transaction.Often "Unwind time" and released on the freedom of a person who claims that he wrote the consent was given under pressure and needs to review the deal.Therefore, the presence of such a man - a reason to find another apartment for sale.

Our due diligence before buying the apartment has only just begun!If the building has settled (at least partially), talk to the neighbors.Incidentally, in the conversation describe a person with whom you communicate, how to master your future apartment.At this point you may receive a very interesting information.

sure to check whether the seller-law wife (law husband).Legally, it (he) can not be involved in the transaction, but in fact when it may require its abolition.And such cases are, unfortunately, "took place to be" - with the adoption of a judicial decision in favor of the plaintiff.

makes sense and appeal to the housing office (if the owners had to register), backed by tangible assurances of friendship.In ZhEKe not only can you get a list of all previous owners of the apartments.A lot of additional, sometimes very interesting and useful information, you can tell pasportisty.Plumbers and electricians service company can also "give" important details about the house and its inhabitants.

According to the extract from the Unified State Register, you will learn the entire history of the apartment - whether owners, and who they are changed, if the apartment had time to visit detention and banned for sale.If the owners of the buildings have already change (especially a few times), it is very likely that you, in good faith buyer, trying to "substitute".And you'd better abandon the "best" deal.The same conclusion should do in the event of disputes, arrests and bans on the sale of real estate, you have chosen.In any case, make an effort to explore the penultimate owner.

It is worth and appeal to the Unified Register of judgments.If it turns out that the apartment building has already become the subject of litigation, be sure to check (with the assistance of a lawyer of the profile) can not be resumed if the circumstances of the case on that (suddenly) will open after you buy this apartment.

children, as always, special attention.If the apartment is registered minor child (ren), the time of the transaction must be authorized to sell the apartment by the board of trustees.So, find out everything possible about each co-owner and its immediate surroundings, which refer to all possible institutions and talk with neighbors.

Check documents when buying a flat - sometimes cheating is lying on the surface usually

title document - is a certificate of ownership, a contract:

  • of sale;
  • gift, exchange;
  • to join the right of inheritance;
  • court decision;
  • rent.

As we have already mentioned, after receiving the certificate for the right property in the apartment building can be alienated by all the above methods.General rules for all instruments - they do not contain even a hint of erasures and forgery.Corrections, if any, must be certified by the signatures of the parties certified and sealed by the signature and seal of a notary.Seals can be seen clearly, the style does not allow dual interpretations.

distinguish a forged document inexperienced citizen is practically impossible.Well, as someone who picks up a document for the first time in recent years dtsat will determine the degree of print definition and the correct form of the contract and the place of "possible double interpretation"?

Experiments with the definition of "fake" documents were made more than once.And the vast majority of ordinary citizens "flew" even if the average level of counterfeiting.Therefore, in addition to the buyer (or even a realtor) checking documents when buying an apartment should be carried out specialist in this area - the notary, whom you trust, and who will conduct your transaction in the future.(The choice of the notary discussed below.)

After inspecting the documents for forgery makes sense to ensure better with the help of a notary, that the documents are registered in the appropriate state agencies.

Regarding gift agreements we have already said.We add the following case: the person selling you an apartment, got it as a gift or inheritance is not of a close relative, and it happened very recently.The desire to get rid of just rolled a "happiness", and even at a reduced price - a good occasion to reflect and, at a minimum, a more thorough check of the circumstances giving / wills.

few words about the contract of rent.Under this contract the apartment owner conveys it to the property to another person, the payer of rent.The new owner shall pay the previous amount, according to the contract.The contract of rent is void if it is not certified by a notary.In addition, the law requires a mandatory state registration of the contract with the alienation of the apartment.

Two variants of the rental agreement:

  • with payment of cost of apartment;
  • without payment.

In the first case, the annuity contract is considered as a kind of contract of sale.The difference is that the sum of the cost of an apartment in the case of rent paid is not a one-time, and within a certain period of the contract.Periodic "rental" payments are made regardless of the payment of the price.

second option does not require flat payment.Such a contract is considered as an option the contract of donation.Annuities can be of three types:

  • constant;
  • lifetime;
  • contract of life maintenance of a dependent.

Without going into further details and subtleties of the rent contract (and there are many), back to the subject of purchase and sale of the apartment received by the seller of such a treaty.For apartment in a new building can also be transferred to your current seller under the contract of rent.

Treaty annuity - "burdened" the buy an apartment with a burden of certain liabilities.