On the Internet there are many advertising agencies offering their assistance in buying real estate. At the same time, their services, regardless of a small percentage, with current housing prices pour out in a large amount. How to independently carry out this transaction? Where to start buying an apartment? Step-by-step instructions will help you understand all aspects of this issue.
We are looking for an apartment
Finding housing just seems like an easy task. In fact, it is complicated by many criteria: binding to a specific area, number of rooms, total area, a certain amount of money, etc.
It should be noted that the cost of an apartment does not depend on the number of rooms in it, but is calculated relative to the price per square meter. One-room apartment may have an area of 95 square meters. m, and two-room apartment - 62 sq. m. m. That is, in this case, the cost of a two-room apartment will be less than a one -room apartment . What else to look for? How is an apartment purchased (step by step instructions)? In Moscow, as in other cities, the price of real estate depends on many aspects. Among them - the attractiveness of the area, the type of house, its remoteness from the center.
How to approach the purchase of an apartment: step by step instructions
Once you have found a suitable option for you, you will need to contact the seller and clarify some questions. Namely: the relevance of the transaction and the cost. If there are no changes, you must make an appointment to inspect the apartment.
At the appointed time, you should call the seller again, ask if the plans have changed, and check the time. If the sale is carried out through a real estate agency, most likely, the realtor supervising the transaction will offer to meet before the demonstration of the apartment, in order to verify the firmness of your intentions, and also in order to protect the seller from doubtful persons. He may also ask you to sign an inspection sheet. This is done in order to exclude the sale transaction bypassing the agency.
How is the purchase of an apartment? A step-by-step instruction recommends paying special attention to “getting to know” the probable new housing. It is worth paying attention to the inspection process itself, so as not to bite your elbows in the future. First of all, pay attention to the porch. It is on it that one should form an opinion about neighbors and about the work of the housing and communal services in the house. When buying an apartment on the first floor, carefully check the baseboards and wall joints, on the last - the walls for leaks. In the latter case, a large number of carpets and new wallpaper should raise your doubts and serve as an occasion for a more thorough check. If the apartment is angular, pay attention to the quality of insulation.
Also check plumbing and communications. Inspect the pipes, their condition, check the noise level, open the taps. Sometimes the smell of sewage comes from the drain holes, moreover, it appears periodically and at the time of inspection it can be felt weakly. Therefore, do not be too lazy to chat with your neighbors and find out about possible hidden “surprises”.
Do not settle right away! Bargain!
And how is the purchase of an apartment going on? A step-by-step instruction recommends: if everything tripled, then you need to discuss the price. Arguing the identified flaws, you can convince the seller to reduce the cost of the apartment. Thus, you can lower the price by 10-15%. But be careful. A discount of more than 15% should alert you. Usually the reason for such generosity is hidden flaws that can only be discovered during the operation, or legal aspects that will bring you a headache (at best).
Prepayment
We continue our research on how to buy an apartment. Step-by-step instructions still help to understand this issue. Under the general agreement on the transaction, as a guarantee of its completion, it is necessary to conclude a preliminary contract. It can be either a deposit agreement or an advance agreement. In the first case, he will restrain the seller in the further search for customers, since in the event of a change in the terms of the transaction, as well as in case of refusal to sell, the seller will be required to pay a deposit amount of 200%. A violation of the agreement by the buyer will lead to a loss of the amount paid. The receipt should clearly indicate that the money is transferred as a deposit.
In the second type of contract, when a transaction is broken (both from the seller and the buyer), the money is returned in any case. The advance contract must indicate the amount of the deposited amount, the full price of the apartment, and the deadline for entering the transaction. It is imperative to make a note that in the event that any facts are found that impede or infringe on the right to use and dispose of the acquired property in the future, the advance payment shall be returned in 100% of the amount.
Verification of the legal purity of real estate
Legal cleanliness means the absence of any obstacles to the sale, restrictions on encumbrances and prohibitions of the right to own an apartment, the absence of reasons for appealing against the legality of the transaction and invalidating it.
You can protect yourself by carefully checking the documents of the owners of the housing and carefully studying the history of the resale of this property.
What does the procedure for buying an apartment (step-by-step instruction) include at this stage?
- First of all, you need to study the home book. It contains entries about everyone who has ever lived in this territory, as well as information about the privatization of the apartment. An extract from a personal account in a housing office can only be taken by the owner of the apartment. Carefully track all the owners and those registered on the living space, so that by chance or intentionally no one remains "forgotten" in the apartment that has changed the owner.
- The next step will be a visit to the state registration agency and the land cadastre. There, in a single register, information about all transactions, restrictions and burdens on the apartment is stored.
It is worth noting that the ownership of housing by the owner is not the most important thing. It is important that he has the right to use it. The owner must be a competent citizen. If there is even a drop of doubt on this issue, it is best to protect yourself and ask for a certificate from a narcological and neuropsychiatric dispensary.
Signing a sales contract
After you make sure that the transaction is safe, you must conclude a contract of sale. It must comply with all conditions imposed on it by law. These requirements are governed by the Civil, Tax and Family Codes of the Russian Federation.
The following items must be indicated in the contract:
- The name of the contract.
- Actual place of transaction.
- Date of signing the contract.
- Introductory part. It should consist of a list of participants in the transaction with the identification data of each participant (passports for adults, for the rest - birth certificates). If one of the participants is a legal entity, the name and its detailed details must be indicated.
- Property description (area, on which floor of which house is the apartment, how many rooms).
- Property address.
- The cost of the facility.
- Term and settlement procedure.
- Information about registered residents and the term for their deregistration.
- The term and procedure for the transfer of the apartment to the buyer.
- Indication of mandatory registration of the contract.
- Indication of the number of copies of the contract.
- Signatures of the parties.
The order of purchase and registration of the apartment (step by step instructions): registration
A real estate transaction cannot be completed without its state registration in Rosreestr. The review period should be no more than twenty days, although sometimes the period of the procedure takes up to one month.
During state registration of a transaction, a legal examination of documents and verification of its legality are carried out. This procedure serves as legal evidence of the occurrence, restriction, transfer or termination of property rights. It is the only fact proving the existence of such a privilege.
Transfer of the apartment and signing of the deed of transfer
So we have come to the final stage in the question of how is the purchase of an apartment (step-by-step instruction). The last document confirming that the transaction has been completed within the framework of the law is the deed of transfer. It prescribes the fact of the transfer of the seller of real estate to the property, including the actual use and ownership, as well as the fact of its acceptance by the buyer.
The concluded sales contract must contain a clause specifying the time during which the seller must vacate the apartment. Upon receipt of documents, it is necessary to stipulate the exact date of transfer of the purchased property. Once again, discuss what should remain in the apartment (all information should be indicated in the preliminary contract). At the indicated time and the signing of the deed of transfer takes place. The contract is concluded in two copies, one for each party to the transaction.
Before this, you should inspect the housing, pick up receipts confirming payment for the apartment and utility bills, a certificate of absence of debts and, most importantly, keys. If everything is in order, sign the document.
In addition, you can ask the former owners to leave documents about previous transactions for the apartment.
From the moment the transfer deed is signed by the buyer, the buyer becomes the full owner of the real estate and can proceed to register for a new place of residence.
Transaction Insurance
We examined in detail how an apartment is purchased (step-by-step instructions). Registration of insurance of the contract of sale (or otherwise title insurance) is a voluntary process, and, unfortunately, does not have much popularity in our country. He protects the buyer in case of deprivation of his ownership of the apartment. The insurance amount is paid in case the transaction is declared invalid.
It is recommended to take out insurance in the following cases:
- The seller is not the owner of the apartment. The cancellation of the contract can be recognized if the owner refused to sell before signing, and the trustee concluded a deal anyway.
- The process involves a minor. The contract will be null and void if the guardianship authorities prove that after the sale of real estate the child’s housing situation worsened.
- The contract price is lower than the market value of the apartment.
Good luck with your deals!