How to check the "cleanliness" of an apartment when buying it yourself? What should be checked when buying an apartment?

When purchasing housing in the secondary market, there are numerous risks, and therefore it is advisable for the buyer to know how to check the “cleanliness” of the apartment on their own when buying. The main thing is to avoid the main, largest risks, the information on which this article contains. First of all, it is necessary to exclude the possibility of contesting the transaction and the right to an apartment, and therefore the recommendation on how to check the "cleanliness" of an apartment on your own when buying will be submitted in a detailed manner.

First steps

The first is the authenticity of the documents that the seller provides for review. This must be checked especially carefully, otherwise claims on this living space of completely third parties may subsequently appear. It should be borne in mind that there are a lot of situations with documents accompanying the purchase of a home, and it’s very difficult to give a single recipe regarding legal issues on how to check the “cleanliness” of an apartment when buying it yourself. However, the transaction must be secured to the maximum, and therefore it is better to complete all the steps recommended for checking documents. Of course, it is necessary to check the legal "purity" without going beyond the limits of rationality, but the maximum information must be not only obtained, but also evaluated, and it must concern both the apartment itself and everyone involved in its property and status.

Of course, it would be much more convenient to turn to professional lawyers, but we have another question: how to check the "cleanliness" of an apartment when buying on its own? In principle, this is reasonable, although more troublesome. Moreover, the help of a professional can only increase the reliability of the transaction, but it cannot guarantee absolute success. In extreme cases, you can insure the title, if you continue to have concerns. Insurance companies are usually quite willing to meet.

New building and "resale"

If you are housing in a new building, you need to know how to check the developer when buying an apartment. The reviews collected on special sites on the Internet are most helpful here. Of course, you need to distinguish honest reviews from the machinations of competitors, but this task is not so difficult: if there are no numbers, dates, names, specific facts, you should not pay attention to such information. It is also good to follow the deadlines for the delivery of other objects (usually such information is available) and read customer reviews. There are many ways to check the developer when buying an apartment.

And in this case, when a house is bought in a new building, the verification of documents must be thorough, even if this sale is from a developer. Resellers, of course, will require a lot of effort, because new buildings do not have such a rich history of registration, extracts and change of ownership. But here, even after a thorough check of the legal "purity" of real estate, which is done according to all the rules, the likelihood of deprivation of the purchased apartment remains. If the applicant is able to prove that his rights at the time of purchase were infringed, for example. But if secondary housing is bought, the showdown will take place not only with the seller, but also with the owner who owned this apartment before him. Probably have to go through a whole series of trials. Legal and “cleanliness” is long and difficult to verify when buying an apartment on the secondary market: this is the authenticity of all documents, this is an assessment of the legal status of real estate, this is an analysis of the possible risks associated with this purchase.

Documents

The legal "cleanliness" of the apartment can be checked, making the transaction as secure as possible when buying any real estate. You must ask the seller for the following documents.

1. It is best to begin familiarization with the documentation with a certificate of state registration of law, as well as with its attendant: an agreement on the purchase and sale or inheritance, gift, privatization, and the like.
2. The second step will be to study the extract of the Unified State Register. It is in the Unified State Register that contains all the information about any transactions with this property.
3. The third step is an extract from the house book to make sure that there are no registered residents in this area. Such an extract can be ordered at any multifunctional center. The document should indicate that all those who previously lived in this apartment are deregistered.
4. Help - also from the MFC - will answer the question of how to check debts when buying an apartment, since the presence of any communal debts is indicated there.
5. Necessarily need a certificate from the seller from the neuropsychiatric and narcological dispensary.

Details

How to check if there is an arrest for an apartment? From the extract of the Unified State Register. It indicates if this is a simple statement whether the seller is the owner. And in the expanded version of the statement there is the whole history of this apartment from the first entry in the Unified State Register. It indicates who was the owner before and how often it was sold. However, this statement should not be limited to. How to check if the apartment is mortgaged upon purchase? Often, housing is sold by proxy, and therefore the owner practically does not accept participation in the transaction. This is a very risky situation. Quite often, such documents are obtained dishonestly.

Therefore, all that needs to be checked especially carefully when buying an apartment is the documents of the direct owner of the housing. To do this, you need to ask a proxy for contact and contact the owner so that he confirms that the apartment is for sale. Next, you need to check the column "Burden" in the extract of the Unified State Register, which contains information on the status of the apartment - is it not in the pledge. If real estate is sold immediately after inheritance, it is better not to buy it. Within three years, new heirs may appear who challenge the deal in court. Also, according to the extended version of the USRP certificate, it can be established that, for example, the mortgage for this apartment has not been paid to the end.

What to pay special attention to

First of all, you need to look at the price. If similar apartments are sold at a higher price, this should be especially alarming, and only with enormous interest in this property can you continue to check its "cleanliness" in legal terms, and do it much more carefully than previously thought. The seller must be questioned meticulously and seek details: not only who owns the apartment, but when, how and from whom it was purchased, why it is being sold again, whether the apartment was involved in legal disputes. Then check what is said on the documents. From here it will be clear how true the seller is, since you have to have a deal with him as a counterparty. And how to check the seller of the apartment when buying otherwise?

Be sure to carefully check his passport and other documents relating to the apartment: on the basis of which the property is registered, where, when the certificate is received, registering the right to it. Be sure to take copies for re-examination, but check the originals for stamps, signatures, watermarks and everything else that accompanies a government document. It is also necessary to compare copies with the original. They may submit completely different documents. The information presented on paper should coincide with the oral story of the seller. How to check the heirs when buying an apartment? No way. It is best to buy it when the right is approved after three years from the date of inheritance. How to check the apartment before buying through Rosreestr? It is said above that at the MFC you can order and receive absolutely any documents relating to real estate.

More information

Prior to receiving and studying the documents, neither an advance nor a deposit can be transferred to the seller, since the former owner can keep the originals of the certificate and contract, even having already sold this apartment. It is necessary to find out documentarily whether the seller dependent on incapable citizens, minor children, whether the seller is now married and whether he was married at the time he bought this apartment, and most importantly, whether he personally acts, or through a trustee.

Without communicating with the owner in person, you can’t conclude a deal. It is better to draw up a contract with the owner, and not with a trustee. A significant amount of fake transactions is concluded under the pretext that the owner is absent: in another city, in another country and so on. A power of attorney can be fake. If the trustee does not want to show the owner of the apartment to the buyer, this should be suspicious, and the reasons here are absolutely not of any importance. It is also unlikely that it will be possible to verify the authenticity of the power of attorney at the notary who issued it, because notaries do not respond to such requests.

Guardianship authorities and certificates of legal capacity

If minor children are registered in the apartment being sold, the written consent of the guardianship authorities must be requested, otherwise a deal cannot be concluded. If the seller himself is officially declared legally incapable, his affairs are entrusted to the guardian, and only to the one appointed by the guardianship authority. From the documents it is necessary to check the court's decisions on the first issue (on incapacity) and on the second issue (on the appointment of a guardian). And for the completion of the transaction itself, it is necessary to obtain the consent of the guardianship authorities. The risks of such a deal plan are so great that most often the buyer refuses to purchase such housing.

But an even bigger problem is the situation when the seller is not legally incompetent, but is constantly or sometimes in a state of inability to understand the meaning of his own actions (this definition is deduced by law). This condition is difficult to calculate by eye, even with repeated personal meetings. Therefore, just in case, you need to ask for a certificate from a psychiatrist dated the day of the transaction. The solution may be an invitation to a psychiatrist friend to a deal as a relative or friend. However, from all bad cases, securing such a deal is simply unrealistic. Even concluding a deal with a notary public, the full success of this enterprise may not be achieved. Therefore, it is better to abandon a dubious enterprise, since today the offer for real estate is almost three times higher than demand.

On official sites

You need to go to the official website of the district court to which this housing belongs, and type in the search the names of the seller and his predecessors - the owners of the apartment. The same principle applies if you need to check whether the sellers and their spouses have any cases in court, and if so, which ones. The main thing is whether the marriage was dissolved and if the property was not divided, whether the owner was recognized as legally incompetent. The latter is checked at the place of registration, so the seller’s passport must be examined very carefully, and then refer to the website of that court where this person is registered or has been registered.

The judicial system has not yet been set up so that you can find all this in a couple of clicks, unfortunately. Arbitration courts also have an official database. There you need to establish whether the seller was declared bankrupt. If there was, then this is necessarily reflected in the arbitration court of the city where it is registered. Through an open official database of online enforcement proceedings, you need to find out if the owner of the apartment or his spouse is a debtor and whether a case has been instituted against these citizens.

According to extracts and inquiries

On the owner’s card, that is, an extract from the house book, you need to establish who is registered in this apartment, including (and especially) and those who do not live there. A certificate of utility bills must also be provided. The ideal option when no one is registered in the apartment, but this is not always lucky. If there are persons registered in the apartment, it is necessary to indicate in the contract the period during which they are deregistered. Those who are registered on this housing, but do not live there, must present a notarized obligation to deregister before a certain date.

The latter is better to be discharged from the apartment before the transaction, otherwise you can stay in the purchased apartment with the "stuffing". In court, cases involving eviction lawsuits are often lost, since this issue contains many unpleasant nuances. A notarized consent to the transaction is also necessary for the owner who is in a registered marriage, who certifies that the spouse is not opposed to the sale of this housing. This is mandatory if the apartment is purchased during the marriage, and by the time of sale the marriage is terminated. No additional documents are needed only in cases where the apartment was received as a gift, as an inheritance (more than three years ago!), It was privatized. That's about all the most basic thing to check when buying an apartment. After receiving all this voluminous information, the package of documents is carefully studied and analyzed.

Legal status

First of all, it is necessary to evaluate the legal status of this apartment: how and on the basis of what it was acquired by the current owners when it happened. If three years have not passed since the acquisition, then two problems appear. The statute of limitations has not expired, that is, the previous owners can still challenge the purchase of an apartment. To minimize taxes, the seller may ask to indicate the lower cost of the apartment in the documents. It’s better not to agree, because if this transaction is declared invalid, the seller will not refund the full amount, but will only refund the amount indicated in the contract.

The most unreliable reason for acquiring an apartment by its owner is to inherit it, especially if the three-year period for receiving it has not expired. If the new heir appears in court later than this time, then the buyer’s risks will be significantly reduced. If the apartment is often sold and bought in a short period of time, this is the most eloquent sign of fraud. It’s better to immediately look for another purchase option, since now there are practically no problems with this. The more sales and purchases the apartment has, the more unsightly its legal history is. If the desire to buy this particular housing is truly enormous, then you need to check not only the last seller, but also the spouse or spouse and all previous owners over the past five years at least.