Unfortunately, the secondary housing market is the most favorite habitat for apartment scammers. Having decided to purchase such property, the buyer must be extremely vigilant and careful. The best option for checking the legal purity of a transaction is full monitoring of the documentation for the purchase and sale object. If you contact an agency, specialists will definitely check all documents before the transaction is concluded. However, it is advisable for the buyer to have a clear understanding of how to check the apartment before buying and what he is paying agents for.
Why legally check an apartment before buying?
If the property being purchased is legally clear, no one after the transaction has been completed will be able to challenge its legality. This thesis is valid only if it is precisely established: the previous owner received the rights to the property in full accordance with the law and the apartment does not have so-called encumbrances.
Various pitfalls may arise during the verification process. It is better for the buyer to find out about them in advance, because he is going to part with a significant amount of money.
Checking the legal cleanliness of an apartment - step-by-step instructions
To avoid unnecessary worries and possible costs of litigation, learn step-by-step the steps required when checking the legal purity of an object. The main task is to clearly understand what documents need to be checked before buying an apartment.
Ownership
The first verification step that needs to be taken by the buyer or the agent representing his interests. This may be an agreement of gift, exchange, purchase and sale, annuity, or a certificate confirming the right to inheritance.
Underwater rocks: Sometimes the owner urgently sells an apartment, which, according to documents, was recently bequeathed or given to him by an outsider - this is a serious reason to be wary. An option is possible when the seller shows a court decision that has entered into force. In each of the listed cases, take the trouble to carefully examine the authenticity of all papers. Corrections and erasures are not allowed in them, and the signatures of responsible persons must be present on both sides.
Other documents to check
Ask the owner to present an extract from the Unified State Register. Also, before purchasing, you can check the apartment yourself through Rosreestr by writing an application, paying a fee and providing an identification document.
Underwater rocks: Only the owner can receive an extended extract with a detailed history of the object, so it is better to request the document from him. There may not be data on real estate older than 1998 in the Rosreestr database - this is a direct confirmation of the legal purity of the apartment. If for some reason you are in doubt, send a request to the Housing Policy Department, it is free.
Checking the apartment according to the BTI
We are talking about a technical plan and a cadastral passport, which reflects the parameters of the housing and indicates all legal redevelopments.
Underwater rocks: Consent for reconstruction is issued by the municipal service. Otherwise, they are considered illegal, which can bring a lot of problems to the new owners.
Seller's "punching"
When buying, you need to check not only the apartment. It is worth getting through to the person who put it up for sale. So asking the seller to show your passport is quite appropriate. You can identify a person using his passport details on the official website of the Russian Federal Migration Service.
Underwater rocks: An important point when checking a seller is information about his legal capacity. At a minimum, you can interview your neighbors, although an adequate person will prepare a set of such documents on their own to ensure the transparency of the transaction.
Checking the rights of third parties
Request a detailed extract from the house register. For example, guardianship authorities are responsible for protecting the rights of minors. The interests of persons undergoing long-term inpatient treatment, in a nursing home or correctional facility are also protected by the state. If the seller is married, you should make sure that the second spouse does not object to the transaction.
Underwater rocks: Sometimes people who were considered missing suddenly claim property after it is sold. If such information comes up, it’s worth checking it out thoroughly or even continuing to search for a legally cleaner option.
Be careful and take care of safety
When checking the legal purity of any transaction, always remember about free cheese in the mousetrap. If you come across an option at a clearly reduced cost, think several times about whether it’s worth getting involved in such an adventure. Be doubly careful if, in the process of communicating with the seller, you notice how he constantly fusses, avoids answering simple questions and is in a hurry to complete the transaction as quickly as possible.
Life stories
We spent a long time looking for a two-room apartment for our children, and now a profitable option turned up. The owner said that he buried his father seven months ago, and is selling the apartment below market value, just to quickly get rid of sorrowful memories. My wife and I are not well versed in legal issues, so we turned to real estate specialists for help. A lawyer from the company advised us to take a break in the negotiations while he made a couple of requests. And not in vain! It turned out that a relative was previously registered in the apartment, who is now in prison. After returning from prison, he can legally apply for housing. It's good that we went to the professionals! Now my daughter and son-in-law live in a wonderful legally clean apartment that the agency found for us.
Knowing how you can check the cleanliness of an apartment when purchasing in 2019, you can eliminate the possibility of falling for unscrupulous sellers with all the ensuing legal consequences.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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The issue of purchasing real estate should be approached as seriously as possible, which is why you need to prepare in advance.
The key stage before signing a purchase and sale agreement is considered to be checking the apartment for legal purity.
Doesn't really matter. We are talking about self-checking or by using the services of qualified specialists. Regardless of the verification option, you need to know in detail all the available nuances.
General aspects
The terminology of the legal purity of an apartment is widely used, without taking into account the fact that it appeared in the field of provision.
There are situations in which even when contacting a specialized company, citizens cannot understand what is required of them to do and provide.
Because of this, it is extremely important to initially familiarize yourself with basic theoretical information and Russian legislation.
What you need to know
If the property is legally clear, this can only mean that it will be impossible to reclaim it from the new owner.
Thanks to this, we can say with confidence that the ownership right from the previous owner was obtained legally, and there are no encumbrances or other negative aspects.
What is the purpose of the inspection?
In the process of purchasing a living space, numerous controversial issues and conflict situations may arise (for example, with an appeal against rights to a property), which is why problems need to be avoided; the documentation for the apartment and its history are thoroughly checked by the parties to the transaction.
Often this issue is entrusted to qualified specialists - employees of real estate agencies.
The grounds for the emergence of controversial situations are considered to be:
| Identification of previously absent citizens | Which were previously registered in real estate. For example, they were listed as missing or were serving sentences in prison |
| Cancellation of registration of minor citizens | Registered in real estate, without the prior consent of the territorial authority and |
| Recognition of the previous owner as incompetent by the court | For example, due to drug addiction, alcoholism, old age, and so on |
| An attempt to separate apartments | After an official divorce between spouses |
| Controversial situations | Past legal successors of the property |
| Illegal procedure | |
| Hiding data regarding registered residents | To a specific address |
According to the legislation of the Russian Federation, the maximum limitation period for declaring transactions void that directly relate to real estate is 3 years.
At the end of this period, citizens who purchased an apartment cannot have any concerns regarding their acquired property rights.
The legislative framework
When purchasing a residential property, you must refer to the following basic regulatory documents:
It is in these specified legislative acts that all the nuances on this issue are indicated.
How to check the cleanliness of an apartment when buying it yourself
Checking an apartment for cleanliness requires studying such basic parameters as:
- quality;
- real estate history;
- checking documentation for authenticity, and so on.
Let's take a closer look at how to check the cleanliness of an apartment yourself when purchasing.
Property quality
The quality of the property is one of the most important things to find out about. The owner of the apartment must have certificates from the BTI.
What is hidden under the terminology “quality of real estate”? It is established by taking into account whether it was carried out legally and whether there is appropriate permission from the local government.
Permission must be granted to the executive branch, but the key condition is a ban on violating the quality of living space and damaging load-bearing structures.
If the apartment is redeveloped without consent, difficulties may arise in the future.
In particular, you need to find out:
- what materials were used for construction;
- availability of communications;
- other technical parameters;
- providing guarantees for work performed and various equipment installed.
In case of signing with the developer (DDU in construction), it must be registered according to the rules of Russian legislation.
History of housing
How to check the legal purity of an apartment before purchasing in this situation? It is impossible to do without an extract from.
This document provides detailed information regarding:
- possible imposition on real estate;
- how many times has the apartment been resold?
The cleanest property is considered to be the one about which there is practically no information available. In case of seizure or seizure, it is imperative to check the limitation period.
It is necessary to pay attention to what provides the opportunity to clarify the nuances, such as:
Data regarding registered citizens and those who have been deregistered must be similar in all documentation, otherwise this fact should alert the buyer.
An extended statement regarding registered citizens can be obtained after payment.
Reliability of documents
The most popular types of fraud in the process of purchasing residential real estate are considered to be sales using duplicate documentation or even stolen ones.
To minimize the risk of falling for fraudsters, it is extremely important to carry out a documentation verification procedure, in particular:
- an extract that can be issued in Rosreestr on the basis, in particular, paragraph 14;
- title documentation on the basis of Federal Law No. 122, in particular Art. 17.
It is necessary to pay attention to the fact that the certificate issued by the Unified State Register of Real Estate regarding the registration of property rights to housing, starting in 2015, can be issued in paper form without any protection (for example, without applying a watermark to the document) on an officially developed form.
At the same time, it is not required to provide an old-style certificate. An extract from the territorial representative office of Rosreestr should not take a long time to complete.
Extracts from the territorial representative office of Rosreestr contain detailed information such as:
- the presence of property disputes that are directly related to the acquired real estate;
- occupied housing area;
- full information about the owner of the apartment and so on.
Before concluding a transaction to purchase a residential property, you must make sure that it is legally owned by the seller.
For these purposes, the owner of the property must provide upon request one of the following agreements:
- privatization;
- – the most optimal option;
- legal decision of a judicial authority.
If there are any corrections in the title documentation, they must have the personal signatures of all citizens without exception who took part in the transaction, including those certified by the seal of a notary authority in order to confirm authenticity.
It is extremely important to check the fact of state registration of contracts and the date of conclusion of title documentation.
If the new owner hastily sells the property, then it is key to suspect him of various types of fraud.
Persons who are registered at the facility
One of the final stages of checking real estate for legal purity is considered to be familiarization with.
Using this document, you can find out detailed information regarding registered citizens at a specific address, as well as the rights that they have to the apartment after concluding a sale transaction.
The most significant risk is the possibility of a third party appeal.
In particular, this can happen due to a missing person (for example, he is in prison or sent to a long prison sentence), who may return even after several years.
In addition, there is considerable danger when purchasing real estate with registered minor children.
In this situation, it is impossible to deregister them without obtaining the prior consent of the authorities and.
In addition, it is important to pay attention to the ownership rights of the spouses to the property of interest, which was purchased during the marriage. In the case of divorce proceedings, the agreement must include the consent of the second spouse.
Nuances in the secondary market
When purchasing real estate on the secondary market, you need to pay attention to some important features and nuances.
In particular, before concluding a transaction, you need to pay special attention to the following points:
- specific number of owners;
- the channels through which the financing of all previously concluded transactions was carried out;
- if there are several owners, it is necessary to pay attention to the absence of citizens among them who are officially recognized as incompetent or minors;
- it is important to exclude the possibility of the absence of one or more owners;
- you need to familiarize yourself with the number of registered citizens, and also find out the nuance with deregistration;
- It is important to pay attention to the technical parameters of the property, which are detailed in. In particular, it is important to identify the illegality of the redevelopment, if any;
- if the property was received as an inheritance estate, then you need to familiarize yourself with the basis.
Once you have completed checking all the necessary information, it is recommended that you make copies of it and keep it with you.
It is necessary to pay attention to the fact that the copies of the documentation that were made will be able to defend their interests in future legal proceedings, and at least return their money.
Video: how to check an apartment before buying - what documents are needed when purchasing
In other words, this is a kind of evidence base. If you purchase real estate with the help of specialized institutions or a lender, there is no need to rely on your hopes that qualified specialists from the companies will carry out all the necessary checks to detect fraud.
It is extremely important for buyers to be wary if factors such as:
- the presence of a huge number of resales of specific real estate;
- the seller’s behavior is suspicious;
- attempt to hide personal information;
- the sale is carried out not by the owner of the apartment himself, but by an authorized person. In this situation, it is necessary to check the authenticity of the authority and the period
- actions of the document - you need to contact a notary;
- an attempt to sell an apartment at a price that is significantly lower than the cost of similar real estate in the same area;
- counter sale;
- you need to check the validity period of the seller’s identity card;
- You need to carefully read the validity periods of all documentation, in particular about the periods of conducting.
Qualified specialists strongly recommend carrying out a visual inspection of the property during daylight hours to be able to see the existing nuances.
If you wish, you can get to know your neighbors in order to identify the disadvantages of buying real estate in a particular entrance.
There are often situations where neighbors abuse alcohol. In this situation, it is better to choose a different apartment, since it will be very noisy here.
How much does the procedure cost?
Speaking of where to check, the procedure is carried out by almost all law firms without exception for a certain fee, as a whole, during the support of the transaction at all stages.
The cost directly depends on the region of residence and varies from 5 to 70 thousand rubles.
The final cost largely depends on the volume and complexity of checking the required information. It is not recommended to rush the process of choosing a law firm.
Before buying an apartment, especially when it comes to real estate on the secondary market, it is very important to carefully analyze the legal purity of such a transaction. Checking the legal purity of the apartment is necessary in order to make sure that all the documents presented by the seller are real and contain all important information. You can also find out whether the seller is the owner, and whether there are any claims from third parties. There should be no obstacles or nuances to concluding a transaction that could serve as grounds for cancellation of the purchase and sale agreement.
Often, legal specialists are involved in checking real estate, but their services are very expensive, so the buyer should know how to check an apartment in a building before purchasing.
When purchasing a property on the secondary market, you must carefully study the documents presented by the seller, as well as some additional papers. The main package includes all title papers, cadastral and technical documentation, an extract from the personal account, as well as from the house register. However, there are some points you need to pay attention to.
The easiest and fastest way to check the legal cleanliness of an apartment yourself is to order a USRN extract online or through the widget below. Around the clock, in just 5 minutes, you will receive complete information about the property according to official data from Rosreestr. This includes the presence of a pledge, arrest, full information about the owners and the entire history of the transfer of ownership of the apartment.
A sample extract from the Unified State Register of Real Estate about the main characteristics and registered rights, which you will receive through the widget:
A sample extract from the Unified State Register of Real Estate on the transfer of rights to a property, which you will receive through the widget:
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Title documentation
The first thing you need to check before buying an apartment is the seller’s title documents, that is, on what basis he is selling this property. Such documents may be:
Any title documents must be seen with your own eyes in the original. It is necessary to inspect them for corrections, erasures, and other mechanical forgeries. Corrections in papers are permissible only if they are certified by the signatures of all parties to the agreement, as well as the signature and seal of the notary who was involved in the transaction.
Since previously, in accordance with Russian legislation, state registration of sales and purchase agreements was mandatory, this fact also needs to be verified. The contract should contain a clause stating the conditions, failure to comply with which may lead to its termination. If there are any, it is important to find out whether they have been violated.
Extended extract from the house register
After all the necessary documents have been reviewed, you need to obtain it by requesting it from the seller. The house book, which is located in the Federal Migration Service or in the management company, records and stores information about all previous owners and residents of the apartment from the date the house was put into operation until the moment the request is submitted. This information can only be obtained by taking an extended statement.
Such an extract can only be issued to the owner of the property, his authorized representative with a notarized power of attorney, or to the tenant under an official rental agreement.
When studying the extended extract from the house register, you should find out whether all residents were deregistered. If any of the residents are undergoing treatment in a psychoneurological clinic or in prison, it is better to find another apartment, since such citizens can lay claim to this property.
If the apartment has been privatized, you should pay attention to the participants in the privatization. All those who refused to participate were required to submit written refusals, which were recorded.
Extended extract from the Unified State Register
After the legal purity of the house register has been confirmed, you will need to obtain expanded ownership. From this paper you can find out who has the right to housing. The facts of encumbrance and points that may cause termination of the transaction are also indicated here.
For example, when a piece of real estate was inherited less than three years ago, even after the owner took ownership, an heir who for some reason did not participate in the division of the inheritance and wants to restore his rights may go to court. If the court approves the claim, the sale and purchase transaction will be canceled and the apartment will have to be returned to the seller.
When it comes to a will, it is worth making sure that there are no people whose rights were infringed by this document. According to Russian legislation, there is a certain category of persons who are entitled to a share of property even if there is a will not in their favor:
Are there any encumbrances?
Since the purchase and sale agreement for housing and other real estate is not currently registered, registration of new property rights at the Rosreestr branch remains mandatory. If any encumbrances or restrictions are imposed on the apartment and its owner, the buyer will not be able to register his property rights until they are removed. Therefore, the contract should clearly state that payment will be made only after the buyer receives the certificate.
Problems of this nature may arise due to the seller’s incapacity, so it is advisable to ask him in advance to submit a certificate from a psychoneurological and drug addiction clinic stating that he is not registered there. Transactions concluded with an incapacitated citizen are declared invalid in court.
Having collected all the documents and analyzed the information in them, you need to check whether all the data corresponds to each other and whether there are any contradictions in the papers. If any are detected, there is a risk of encountering fraudulent transactions and it is better to wait a while with such a transaction. All documents submitted must be current at the time of request.
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Independently examining whether a property offered by a seller is completely clean involves many steps devoted to studying individual aspects, since any violation can be an unpleasant signal.
Along with checking documents and obtaining certificates, it is recommended not to neglect conversations with residents who live in the same place as the seller.
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Step-by-step verification instructions that will save buyers from possible troubles
The verification procedure consists of the following steps:
In the end, it is quite possible to check the cleanliness of an apartment yourself, but it is a labor-intensive process. You will have to visit many organizations and receive a lot of paperwork.
Photo: the main stages of the transaction when buying and selling an apartment
Title documentation
This type of paper helps to certify that the person who is selling the apartment actually owns it.
In this case, the certificate of registration of ownership rights serves as the title documentation.
This paper states:
- what kind of object it is, room or apartment;
- what is the area of the room;
- address;
- cadastral number;
- the presence of encumbrances or other restrictions on transactions,
it is worth keeping in mind that their absence at the time of drawing up the certificate does not prove that they did not appear by the time the transaction was planned; - the document that served as the basis for the acquisition of housing property, including a contract of one of the types - purchase and sale, equity participation; exchanges, donations; court decision on law; certificate of inheritance;
- indication of the owner's identity.
If the owners include persons who are under 14 years of age, then it is required that both their parents sign the contract for them.
If the child is under the responsibility of a guardian, then the contract, accordingly, is concluded by him.
Minors from 14 to 18 have the right to participate in the transaction, but their legal representatives, both parents or a guardian, must approve it.
About registered persons
It is necessary to establish exactly who is registered in a given apartment in any case. If there are persons who have a registration stamp in this residential premises, and about whom the buyer does not know, they will subsequently be able to claim the right to housing.
That is why it is worth knowing exactly the list of registered persons. For this purpose, you should obtain an extract from the house register for this property.
In general, the seller is ready to present it, but in any situation it remains possible to obtain it at the passport office at the location of the apartment.
It is necessary to check whether the list of registered persons is under 18 years of age. Complicated rules apply for the discharge of minors, as efforts are being made to protect their rights.
It is possible to receive an extended statement for an additional fee. This document is more detailed, in particular, it states:
In such a detailed history of the living space, it makes sense to also look at previous children under 18 years of age and those who died.
The latter are sometimes resurrected, and in some cases children are discharged illegally, which subsequently gives them the right to apply for restoration of rights, even when the owner of the apartment has changed.
There are a number of other categories of registered people who may, for one reason or another, be absent from the apartment for a long time. This:
- patients on long-term treatment;
- drafted into the army;
- those sentenced to imprisonment;
- going on a long business trip.
The extended extract will contain mention of all these persons. It will indicate the reasons for their departure and provide their documentary evidence.
Information about trials
The trial regarding the residential premises takes place in the court located at its location.
To find out whether this is the case or not, you need to contact:
About the powers of the seller
When checking the seller's credentials, you must make sure that he:
- exactly the person he claims to be;
- has the authority to complete this transaction;
- is legally competent.
You should check your passport and make sure it is real. Next, you need to make sure that the document itself is submitted by the person who is the owner.
There is a scheme when the passport of an owner from a risk group is taken away, and then a deal is concluded by a person similar to him.
It is necessary to talk with the residents of the same entrance and ask them whether this seller is a person with such authority.
Finally, the buyer can be convinced of the contractor’s legal capacity when he brings a certificate from a psychoneurological dispensary; it is also worth paying attention to the seller’s behavior.
Are there any encumbrances?
Encumbrances on an apartment are legal obligations that its owner has to a third party, which will pass to the buyer or other restrictions.
In particular these are:
To establish such restrictions, you should take an extract for this object from the Unified State Register of Real Estate Rights (USRE).
About utility debts
It is necessary to establish whether the persons selling the apartment have a debt on utility bills.
If they exist, a person who purchases an object without inquiring about this issue will also assume the obligation to pay the relevant services. In the future, these organizations will send lawsuits to him.
To avoid these consequences, you must ask the seller to provide receipts for all types of payments for the previous twelve months. If he brings them, then the issue is resolved.
However, he can claim that they are lost. Then it is recommended to refuse the deal. In the case where the buyer still seeks to acquire this object, it is recommended that he determine whether the debt remains in other ways.
In particular, he can request a certificate from the owner of a residential property, which must be obtained from the Housing Operations Department (HOE) or from the Unified Settlement Information Center (USIC).
If, despite the continued desire to purchase an apartment, the buyer does not trust the seller himself, he can submit a request to the HOA or Housing Management Department himself. These institutions will provide him with information regarding the existence of the debt.
Finally, it is possible to include a provision in the purchase and sale agreement that the obligation to pay off debts at the time of the transaction, if any, falls on the previous owner.
Video: everything you need to know
Legality of redevelopment
Anyone who intends to purchase a home must establish whether the previous owner carried out planning, including unregistered or unacceptable planning.
Walls in a space can be removed or erected where there were none before, and the configuration of certain networks can be changed.
To obtain the relevant information, you need to familiarize yourself with the contents of the technical data sheet.
Purchasing housing on the secondary real estate market involves many risks. In order not to fall into the trap of scammers, before concluding a transaction, you need to check the apartment for legal purity. Many real estate companies offer this service. We will tell you how to independently check the apartment, owner and documents for cleanliness before purchasing a home.
○ Independent check of the “cleanliness of the apartment”.
It is not necessary to contact realtors to check. You can carry out all the necessary actions yourself. At the initial stage, you need to request and check documents.
○ What documents confirm ownership.
You can confirm that ownership was legally registered using one of the following documents:
- Contract of sale, exchange, rent.
- Certificate of inheritance.
- Deed of gift.
- Certificate of privatization.
- Court decision recognizing ownership rights.
The seller must have one of these documents in addition to the certificate of ownership or an extract from the Unified State Register of Real Estate (if the right has been registered since 2017).
○ What documents to request from the seller.
In addition to the document providing the basis for the emergence of property rights, the seller must provide you with:
- A general passport and a second identification document (for example, a driver's license).
- Certificate of ownership or extract from the Unified State Register of Real Estate.
- Extended extract from the Unified State Register of Real Estate.
- Extract from the house register.
- Technical plan of the apartment.
- Cadastral passport.
- Extracts from personal accounts to which payments for utility services are transferred.
- Certificates from psychoneurological and drug treatment clinics (if the seller does not have a driver’s license).
To protect yourself, you need to carefully check all the above documents. Request originals. They should not show any signs of correction or blots. If there are any, it is necessary to have notarization of the changes made. Check for signatures and seals of government agencies.
○ Where to contact.
The necessary documents can only be obtained by the current owner or his representative on the basis of a notarized power of attorney.
To obtain an extract from the house register with a list of all citizens registered in the apartment, you need to contact the management company servicing the house or the territorial branch of the FMS.
An extended extract from the Unified State Register with data for the last 20 years is issued by Rosreestr or MFC. This document can also be ordered remotely on the official website of Rosreestr.
If the seller does not have technical documentation, or it does not correspond to reality, you should contact the BTI or MFC to obtain the necessary papers.
○ What data needs to be checked.
You need to pay attention to the following characteristics:
- Number of persons registered in this living space. It is important to find out whether among the registered citizens there are those who do not actually reside due to military service, being treated in a psychiatric clinic, living in a nursing home or serving a sentence in prison.
- Availability of debts to pay for housing and communal services.
- The likelihood of claims to property rights from other persons.
- Has any redevelopment been carried out? If yes, were all documents prepared according to the law?
- Have minor citizens been registered and are they currently registered? If they were previously discharged, make sure that their rights are not violated.
- Presence of encumbrances. If the apartment is the subject of a pledge, is rented out, is under arrest, etc., there is a possibility of refusal of state registration of the transaction.
- Information about an apartment building. It is important to find out whether the building is planned to be demolished in the near future, whether it is unsafe, when the house was put into operation, whether repairs have been carried out and when new work will be carried out.
Let's tell you in more detail what exactly should be checked.
○ Rights of third parties to living space.
At this stage of the verification, four documents will be required - a certificate of ownership, the basis for the emergence of property rights, an extended extract from the Unified State Register of Real Estate and an extract from the house register. If ownership was registered after January 2017, the usual certificate may not be available. In this case, the fact of registration is confirmed by an extract from the Unified State Register.
Make sure that property rights were obtained legally. Carefully study the document that provides the basis for the creation of rights – the effective date, special conditions, correctness of execution.
Particular care is required to check the legality of rights if the apartment was inherited by the seller. If the rights of other heirs have been infringed, they can file a lawsuit to redistribute the inheritance.
It is good if the seller acquired ownership more than three years ago. In this case, there is virtually no chance that your transaction will be challenged in the future. This is provided for in civil law.
- Clause 1 of Art. 181 Civil Code of the Russian Federation:
- “The statute of limitations for claims to apply the consequences of the invalidity of a void transaction and to declare such a transaction invalid is three years. The limitation period for these claims begins from the day when the execution of the void transaction began, and in the event of a claim being brought by a person who is not a party to the transaction, from the day when this person learned or should have known about the beginning of its execution.”
If the apartment was previously privatized, it is important to find out whether there were other participants in this process. The seller must have an officially issued refusal from them to participate in privatization.
The second important point is registered persons. Information about registered citizens is contained in an extract from the house register. Ideally, all residents should be deregistered. When someone is registered at the time of inspection, make sure that there will be no problems with the discharge. If someone is registered, but is currently in prison, in a nursing home, etc., it is better to refuse to purchase this apartment. Such citizens may apply for housing in the future.
The third point is the presence of encumbrances. This information is contained in the extract from the Unified State Register. The apartment must not be the subject of a mortgage, seizure, lease or rent. Otherwise, your transaction may not be registered in Rosreestr, but even if this happens, your rights as an owner will be limited by the rights of third parties.
○ History of the apartment.
All data on changes of owners, conclusion of transactions in relation to the apartment, arrests, disputes and encumbrances are contained in the extended extract from the Unified State Register of Real Estate. What should you pay close attention to?
If the apartment has frequently changed owners based on purchase and sale agreements, it is likely that there are some legal problems and the seller is trying to mislead you. It is better to find another investment option.
If the apartment has been the subject of disputes or seizures over the past three years, ask the seller to provide court decisions that have entered into legal force. This will ensure that he really has the right to sell the property.
The price set for the apartment is also important. If it is significantly lower than similar offers on the market, it means that the owner wants to sell it as quickly as possible. And this is something to think about. Most likely, a crime was committed in the apartment or it is not legally clean.
