How To Buy An Apartment

Table of contents:

How To Buy An Apartment
How To Buy An Apartment

Video: How To Buy An Apartment

Video: How To Buy An Apartment
Video: How To Buy Your First Apartment Building 2024, March
Anonim
  • Be carefull
  • My own realtor

    • "Direct purchase"
    • "Alternative option"
    • Buying an apartment with a burden
    • The apartment is under arrest. Is a deal possible?
  • Checking the passport

    • Documents of title. What to look for
    • Additional documents
    • "Extra people"
  • How to choose the right apartment

    • Do not take valuable things with you
    • How to bargain correctly
  • How to pay for your purchase

    • Contract of sale
    • Registration of the sales contract
How to buy an apartment
How to buy an apartment

Be carefull

There is hardly another such subject of the transaction as an apartment, which is just as attractive to swindlers of all stripes. "Craftsmen" with criminal inclinations manage to sell apartments that do not belong to them. The same apartments are sold several times.

You can face a situation when a former homeowner, having received money from the buyer, and even vacating the premises, did not execute or improperly execute the purchase and sale agreement, did not register it with the local registration authority for real estate and transactions with it. This deprives the bona fide purchaser of the apartment, who has fully paid the agreed amount, of the opportunity to register it as property.

The so-called "black realtors" are working even more radically. Their scams involve blood. People, as a rule, belonging to the "risk group" are forced to issue fictitious powers of attorney for dummies, using which the apartments are then reissued to new owners. Also, wills, donations, barter agreements appear, obtained by coercion, threats or with the use of psychotropic drugs, alcohol and drugs. After that, the former owners, at best, lose their homes, and at worst, and life itself.

We are not going to tell scary stories in detail here, but you need this general information to understand that when purchasing an apartment, you need to know its origin. If the apartment is "dirty", then you risk, having spent a lot of money on its acquisition, to lose what, as it seemed to you, was acquired legally and properly formalized.

You should immediately make a reservation that this article does not address the issues of purchasing housing on the primary market. Housing in new buildings is purchased according to completely different schemes, as a rule, associated with obtaining a mortgage loan. We will talk about this in a special article.

In the meantime, we are talking about the acquisition of residential real estate in the secondary market.

My own realtor

If you intend to buy an apartment, then the easiest way is to turn to a real estate company for help, where for a certain fee, by the way, not very small, an apartment will be found that suits you, all the necessary documents are selected and drawn up, which you just have to sign. And, of course, deposit money.

Buying an apartment with a burden
Buying an apartment with a burden

It is nice when someone does something for you. But it's expensive. In addition, it is among realtors that there are many people who are associated with apartment swindlers or simply criminals. Believe me, you are of interest to criminals because you have money to buy real estate.

So maybe it's better to do everything yourself?

If you decide to follow this path, then, first of all, we will consider several basic schemes for buying an apartment.

Direct purchase

The most reliable of these is the so-called "direct purchase". This is a situation when the buyer has enough of his own or attracted funds in order to immediately pay the seller the cost of the apartment, without risking being left homeless, selling his own in advance. At the same time, everything is in order with the documents of the apartment being purchased, no one lives there, is not registered, it is not mortgaged, is not an object of inheritance, a grain of family strife, in short, there are no encumbrances on it that impede the sale and purchase transaction.

This is a very good deal. But … As a rule, precisely because of its transparency, this option will cost you ten to fifteen percent more.

Alternative option

This option, also referred to as “counter”, implies a preliminary sale by the buyer of the apartment he has in order to get the amount of money he needs to buy a new, better quality, or make an initial payment when buying a home on a mortgage.

The name of such a deal seems incomprehensible these days. But it goes back to the times when it was possible to buy an apartment of a better quality only by changing it to your own, worse one, but with a surcharge. (Naturally, in Soviet times, such additional payments were made in the dark).

Buying an apartment with a burden

As a rule, encumbrances are an obstacle to real estate transactions. However, such options are not always hopeless, and are usually cheaper.

For example, in the apartment you are purchasing, before its privatization, a minor is registered, who did not participate in privatization. Now, when you purchase this apartment, the child actually lives with his parents at a different address.

The apartment is under arrest
The apartment is under arrest

The adult family members of the seller will automatically lose the right to use the property after the transaction and the transfer of ownership of the property to you. However, you can only "discharge" the child by a court order. This purely formal procedure will require additional time and money. But the court will decide in your favor, since in this case, we are only talking about the removal of the minor from the registration register, and not about the deprivation of his property.

The apartment is under arrest. Is a deal possible?

The answer is negative.

Transactions with real estate, which has been seized by the investigating authorities, prosecutors, or the court, due to the seller's failure to fulfill family, inheritance or other property obligations, are illegal. Remember this, and do not let yourself be fooled by assurances that someone allegedly "can solve this problem", if only this, "someone" on whom "everything depends", "is a little interested materially." If you are spoken to in this way, then the case clearly smacks of fraud. Do not give in to provocations, even if you are promised a fifty percent discount. And the price of an apartment itself, which is significantly lower than the market average, should alert you.

In real estate transactions, like nowhere else, one should remember the popular wisdom that free cheese is only in a mousetrap.

Checking the passport

Before proceeding to check the documents for the apartment itself, which you intend to buy, make sure of the identity of its seller.

In this case, only the general civil passport of the Russian Federation can serve as an identity card. No foreign passports, military IDs, service certificates or deputy mandates. Only a new passport, that is, issued not earlier than 1992. But be careful with them too. Especially carefully study the passports issued in the Caucasus and Krasnodar Territory. For obvious reasons, there have been massive abuses in the passport service in this region.

Getting acquainted with the passport of the apartment seller, make sure of the similarity of the photo pasted into the passport with the face of the person who presented it to you. Fraudsters often use stolen passports.

Make sure the photo is not re-pasted.

If possible, have a law enforcement officer look at your passport. They are specially trained to recognize fake or altered passports.

Write off the data from the passport and check it at the passport office at the place of registration of the seller of the apartment.

As a last resort, talk to the local police officer. He, for a small "gratitude", will give you comprehensive information about the seller, because he can use all the databases at the disposal of the police just for this kind of checks.

For any development of the situation, under any guise, do not sign any documents, and do not give the seller or his representative any amount of money without making sure the authenticity of the passport.

Documents of title
Documents of title

Be especially vigilant with persons acting on the basis of a power of attorney issued by the seller. This document is easy to forge. Insist on meeting the salesperson in person. Unfortunately, it happens that at the time of the sale of an apartment, this person is no longer alive, or, at best, he is in a deranged state.

Acquisition of real estate, which is worth several million, and for which, perhaps, you have saved all your life, should discourage you from the "complex of a gullible intellectual." Check everything and everyone. A normal seller will understand you, and the one who does not understand and starts twitching is most likely just a fraud.

Documents of title. What to look for

In this section, we will consider the issue of those documents that the seller will be required to provide to you in order to confirm his ownership of the apartment, and without which your communication with him turns into a waste of time. At the same time, we are forced to again focus your attention on the fact that the documents not only MUST BE, but must be AUTHENTIC and correctly executed.

An important remark should be made here, namely, see only the original documents. Don't trust copies, even notarized ones. But do not neglect them, but take them with you in order to study them in more detail or give them for examination.

If the seller with whom you are negotiating is the first owner of a privatized apartment, then confirmation of his ownership of the apartment will be a certificate of registration of ownership, and an agreement on the transfer of ownership of this apartment, drawn up and registered with the privatization agency in whose jurisdiction the given address is located.

If the apartment you are purchasing belongs to two or more persons in certain shares, then all of these persons must appear in the agreement on the transfer of ownership.

If one of these "equity holders" has died, in addition to the documents mentioned above, demand that you provide you with a death certificate and a certificate of the right to inherit the share that previously belonged to the deceased. This certificate is issued by a notary who is authorized by the state to conduct inheritance affairs in the administrative entity in which the apartment is located. Therefore, if you are shown a document issued by some private notary, whose office is located at the other end of the city, or even in another locality, you should know that they are trying to deceive you.

Remember, too, that this notary-issued certificate was subject to registration with the local authority for the registration of immovable property and transactions with it, and this, properly registered, certificate must be accompanied by a registration document. If these papers were not presented to you, then either the inheritance is not formalized, or, again, there is an attempt to deceive.

How to choose the right apartment
How to choose the right apartment

If you intend to purchase an apartment in a housing cooperative, then its owner is obliged to show you a certificate stating that the share for the apartment has been paid to them in full. This document is issued by the board of housing cooperatives, which, by the way, is not superfluous to visit. It is possible that there you will be told a lot of useful things both about the apartment itself and about its owner, with whom you are going to conclude a deal. In addition to such a certificate, the Seller must also submit a certificate of registration of ownership of the apartment.

If you intend to buy an apartment, a share of an apartment or a room that the previous owner acquired on the basis of a sale and purchase agreement, then this duly registered sale and purchase agreement will confirm his right to this living space. Registration had to be done at the local authority for the registration of real estate and transactions with it. The contract must be accompanied by an acceptance certificate for the premises.

When purchasing an apartment, a share of an apartment or a room received by the previous owner as a result of an exchange, you should familiarize yourself with the original of this exchange agreement, paying attention to whether it is registered with the local authority for registration of real estate and transactions with it. The contract must also be accompanied by a certificate of registration of ownership of the property.

With similar documents, the seller is obliged to confirm his ownership of the apartment, which was presented to him or which he inherited.

At the same time, accordingly, the donation is certified by a donation contract registered in the manner prescribed by law, and the inheritance of housing, both by law and by will, is certified by a certificate of the right to inheritance issued by a notary at the place of residence of the deceased, duly registered at the local body for registration of real estate and transactions with it.

If you buy an apartment from a person who, in turn, purchased it on the primary market from a legal entity (developer or investor), then demand all the documents for this transaction. First of all, it must be an agreement on the transfer (assignment) of ownership of the apartment. This agreement must be signed by the current owner of the apartment on the one hand, and the representative of the seller (legal entity) on the other. The contract must be registered with the local authority for registration of real estate and transactions with it. Naturally, in addition to a registered agreement, you must be presented with a certificate of ownership of this apartment issued on its basis.

It happens that a person gets an apartment by a court decision. If you intend to purchase such an apartment, then, first of all, make sure that the court proceedings have already been completed, and that no one has submitted an application to any appeal and cassation instance. If the court decision is final, and no one is appealing any more, then in addition to the decision itself, read the certificate of ownership of the apartment.

In general, apartments obtained on the basis of a court decision require special attention to the documents of title. The fact is that the judgment is printed on a sheet of plain paper, and not on a secure letterhead. It is very easy to fake it. At first glance, such a fake cannot be distinguished from a real one, especially since with the modern development of technology, it is quite simple to scan the signatures and stamps from this document, and then print them with a color inkjet printer onto the text of the fake decision.

Having made a court decision for himself in such a simple way, the swindler can claim that he is the owner of the apartment. If you are faced with such a doubtful case, then ask the seller for a copy of this decision. Its legality can be verified by going to the court that allegedly made this decision. Even if the document presented to you by the seller turns out to be genuine, your action will not be useless, because, at the same time, you will be able to check whether anyone has filed an appeal or cassation complaint against this decision, whether the court proceedings have ended.

Carefully read the documents yourself, show them to the experts, apply for confirmation of their legality to the organizations that issued them.

If your city has a database of the real estate market where you can check the apartment for "cleanliness", then use it.

Do not disdain and "intelligence intelligence", namely, talk to your neighbors.

Remember, there is too much at stake and you cannot make a mistake.

Additional documents

In addition to the documents of title listed above, the owner of the apartment that you intend to purchase must additionally provide for the transaction:

  1. An extract from the house register, which will be issued at the ZhEK, DEZ, the board of the housing cooperative, the passport office or other authorized body of your city;
  2. An extract or copy of a financial personal account, which can be obtained from the accounting department of the ZhEK or a similar body;
  3. Passport of the dwelling containing the explication, floor plan and other information. (In settlements where there is no practice of issuing such passports, it is enough to get Form 11, explication and floor plan at the BTI);
  4. If at the time of the purchase (receipt as a gift, by inheritance, as a result of privatization or by a court decision) of the apartment being sold, the seller was already married, then now, when he intends to sell it, he needs to obtain the consent of his wife (spouse), present or the former, to make such a deal.

Extra people

Insist that the seller of the apartment provide you with a complete extract from the house book. This document contains complete information about all persons who now live or have previously lived in the apartment you are purchasing, indicating the address where they left.

It is necessary to check especially carefully whether there are any people among the former residents of this apartment who were discharged by a court decision to places of imprisonment, but retained the right to this housing. After all, they can appear in front of your doors in a few years, and begin to "download rights".

How to bargain correctly
How to bargain correctly

Make sure that minor children, pensioners living separately in another place, or missing persons are not registered in this apartment. In other words, one fine day, having opened the door, you will not come across a person who really has the right to what you are already accustomed to consider only yours.

How to choose the right apartment

The naivety of some citizens who intended to buy an apartment is simply immense. Even if we ignore the apartment as such, any person who has the means to purchase housing is of particular interest to criminals.

Be especially vigilant if, after posting in the media, the Internet, or just on a post, an announcement of your desire to buy an apartment, they call you and inform you in a pleasant female voice that they are ready to sell you such an apartment as you need at an equally pleasant price … At the same time, you will be invited to look at your future acquisition, and, in case you like everything at first sight, take with you the amount of the collateral.

Having given such a "flattering" offer, you risk not only parting with your money, mobile phone, jewelry and other material values, but even getting hit on the head.

Therefore, when visiting apartments that could potentially suit you, take basic precautions. First of all, your relatives and friends should know at what time and to what address you went.

Do not take valuable things with you

When making an appointment, try to record the seller's phone number using the caller ID, and if this is not possible, ask again which number you can call back in ten minutes, because now you are a little busy. This simple technique is enough for the swindler to no longer bother you.

When you have already arrived at the apartment for a preliminary examination and conversation, try to call your relatives, preferably from the city telephone installed in this apartment. If you were refused, then, without pretending that you suspected something, try to play an attack of illness, such as diarrhea, in order to escape by any means from a dangerous place. If everything is really bad, scream at the top of your lungs. Call for help. Even if you make a mistake, let it be better for you to be ashamed than in pain.

If you were given the opportunity to call, inform your imaginary companion to wait for you near such and such an entrance in so many minutes.

Don't dress too flashy and expensive. For people who intend to cash in on your expense, expensive clothing and jewelry can generate motivation to kidnap you for ransom. Such cases happen quite often. After all, the attackers are knowingly sure that you have the money.

How to bargain correctly

Expensive clothes and jewelry will not allow you to position yourself correctly for a successful bargain. After all, the final agreed price of an apartment is "a product, with mutual non-resistance of the parties."

It is difficult for an expensively dressed person to bring down the price to a reasonable limit. And you still have to crawl around the corners in order to find as many significant flaws as possible that affect the price downward.

Deposit
Deposit

Behave correctly but actively. Feel free to express your point of view, gesticulate, speak clearly, with good articulation. Don't insult the person you're bargaining with, but don't be afraid to disappoint him. After all, you and him have opposite goals.

Do not be too lazy to look out the window and criticize the view of an unpresentable courtyard or a nearby roadway. Visit the poor environmental situation in the area.

Pretend that you can perfectly hear what the neighbors are talking about behind the wall. Criticize soundproofing.

In general, respond adequately to active pressure from the seller. But, at the same time, strive for a consensus, which will be expressed in the agreement of a mutually acceptable price.

How to pay for your purchase

And finally, you have made a purchase decision for yourself. Price agreed. The documents have been verified. It's time to move on to the financial side of the issue.

It's very important not to make a mistake here. Even the terminology matters.

The fact is that there is a practice when, after the parties to the transaction "shake hands", the buyer pays the seller a certain amount, which serves as a kind of pledge of the seriousness of his intentions. Naturally, the seller who received the money writes a receipt. Moreover, everyone calls the amount he received by a term that depends on the degree of his legal literacy. Here and just the word "amount" and an advance, and an advance payment, and a deposit. Is it so important? Oh yeah!

In accordance with the Civil Code of the Russian Federation, there are only two forms of prepayment. This is a deposit and an advance payment.

The deposit is the amount paid by one of the agreed parties to the transaction to the other agreed party against the due payment under this transaction. At the same time, the payment of the deposit is a guarantee that the transaction will be completed, and if this does not happen, due to the fault of the party that paid the deposit, it is not returned, but serves as material compensation to the opposite party, a penalty. That is, if the buyer broke off the deal, then the deposit is not returned to him. If the seller broke the deal, then he is not only obliged to return the amount of the deposit to the buyer, but also to do it in double the amount.

Registration of the sales contract
Registration of the sales contract

Prepayment, as a term, is also defined in the Civil Code of the Russian Federation, it is not legal, but economic in nature, however, it is equated to a deposit, which means that the amount of the prepayment must be returned to the buyer if the transaction fails.

The term "advance" is absent in the Civil Code of the Russian Federation. This means that its use in the text of a receipt or an agreement does not bear any legal burden and does not generate any mutual obligations. However, the amount of money, called the advance, should be returned to the buyer if the deal is canceled.

Based on the foregoing, the buyer himself can easily find out which term will be more useful for him to use in the text. Just remember, the deposit or prepayment is returned to the buyer only if the seller broke the deal.

When carrying out cash settlements, both preliminary and final, remember that money can be transferred from hand to hand only in the presence of a notary, at a real estate agency or bank premises.

To implement settlements for sale and purchase transactions, it is customary to use rented safety deposit boxes, in which funds are stored as a security deposit.

The deposit agreement, in accordance with the Civil Code of the Russian Federation, must be notarized.

Contract of sale

Any cash payments between the buyer of the apartment and its seller must be made within the framework of written agreements. This applies to both prepayment and final settlement under the sales contract.

The sale and purchase agreement must be drawn up in such a way that it not only describes the subject of the transaction and the procedure for settlements, but also provides in advance for all possible conflict situations and the way out of them.

The contract must clearly state the amount that the buyer undertakes to pay to the seller for the property he buys. The full cost is indicated in order to avoid in consequence, the possibility of incorrect interpretation of the terms of the transaction.

The subject of the transaction must be described in detail. That is, the address of the house, the apartment number, the number of rooms, the area of the premises should be indicated, the technical condition of the apartment should be described and its other essential characteristics should be indicated.

The contract must indicate the timing of the transaction, in particular the terms in which the parties undertake to register the purchase and sale agreement, and indicate who exactly should provide registration.

The purchase and sale agreement must clearly spell out the procedural issues of the transaction, namely, the procedure for payment, transfer of the apartment under the act, issues of registration and registration of the transaction.

A model contract for the sale and purchase of an apartment is not provided for by Russian legislation. To complete the transaction, you can use the samples of similar agreements posted on the Internet. However, even if at first glance, the text of the sale and purchase agreement suits you, then it is advisable to consult a qualified independent lawyer.

Read the contract carefully. Do not subscribe to the text in which there is at least one wording that you do not understand.

Registration of the sales contract

After the sale and purchase agreement is signed, and all mutual settlements are made, it is necessary to register this agreement with the local authority for registration of real estate and transactions with it. Most large settlements have Registration Chambers that perform this function.

The registration process is not only and not so much a formal procedure. It presupposes a check by the state body of the "purity" of the transaction, which means that it works for the benefit of a bona fide purchaser.

The ownership of the apartment passes to the buyer from the moment of state registration of the purchase and sale agreement. As confirmation of the legality and completion of the transaction, the buyer is issued a certificate of state registration of ownership.

Recommended: