What you need to know when buying an apartment: legal advice

The purchase of any property should be a competent and thorough procedure, which involves checking the legal purity of the transaction and the correct choice of the property itself. Objects on the market are presented in different forms, so you can choose an apartment in a new building or a secondary. Before drafting the contract, it is important to understand what you need to know when buying an apartment in order to choose a truly optimal type of real estate, ideally suited to the requirements of the buyer.

What to fear?

You should understand what you need to know before buying an apartment in order to prevent possible negative consequences of this process. Thanks to a competent approach to this issue, it is possible to guarantee the absence of numerous problems.

What you need to know when buying an apartment? For this, it is important to consider some important points:

  • the legal purity of the transaction should be checked, therefore, all documents available to the seller are carefully examined, moreover, it is advisable to do this with the help of a lawyer, and it is advisable to check numerous certificates and certificates directly at the Federal Registration Service and other state institutions;
  • information from the documentation is checked with the actual condition of the object, therefore if there are discrepancies in the layout with the data contained in the technical plan, then we can talk about illegal layout or fake documents, so it is advisable to refuse such a purchase;
  • the whole acquisition procedure must be legally competent, therefore, numerous stages of the purchase must be carried out, and it is also advisable to invite lawyers;
  • the buyer himself must make sure that the selected object really meets his requirements and desires.

If you understand what is important to know when buying an apartment, you can guarantee that the optimal property for life will really be chosen.

what you need to know when buying an apartment

What is alarming?

There are certain points that should alert each buyer, regardless of whether the selected object is in the primary or secondary market.

If the buyer has doubts about various factors, then you need to make sure the legality and advisability of concluding such a transaction.

Power of attorney

If the property is not sold by the owner, but by a trustee with a power of attorney, then we can say that such a transaction may be illegal.

It is important to make sure that the power of attorney is not fake or canceled, and that its validity has not expired. It is also necessary to check whether the deceased person already composed such a document.

Often it is necessary to face the fact that fraudsters generate fake documents, on the basis of which they represent the interests of elderly or disabled citizens. Such a transaction is easily invalidated, so the buyer loses money and real estate.

what is important to know when buying an apartment

Privatized apartment

If the apartment has recently been registered as a property of the seller as a result of privatization, it is important to make sure that all documents have been executed correctly. Also, if there are several residents, then all of them should have agreed to carry out this process.

Buying an apartment resale, what you need to know? First you need to make sure that unauthorized persons are not registered in the real estate who may qualify for this object in the future.

It is especially necessary to check the absence of registered minors in the facility, since it will be difficult to write them out even through the court.

The dubious story of the apartment

What you need to know when buying an apartment to guarantee the literacy and formality of the transaction? It is necessary to check the history of the existing object in advance.

If evidence comes to light that an alienation procedure was previously carried out, which may be considered doubtful, and the owners were different firms or government agencies, then it is better to refuse such a purchase.

what you need to know before buying an apartment

Inheritance

If you plan to purchase an apartment, what do the buyer of the secondary need to know in order to prevent possible negative consequences? To do this, we study how the seller received the ownership of this object.

Often apartments are inherited. If the heir is trying to urgently get rid of real estate, then there is a possibility:

  • illegality of receiving housing;
  • other citizens who have all the rights for its alienation claim the object;
  • various illegal methods were used with which the seller appropriated the object.

In the presence of the above factors, there is a possibility in the future to lose the purchased apartment.

The presence of an encumbrance

If you plan to purchase a collateral apartment, what do you need to know in order not to lose such property in the future? An object may be pledged to a bank, bailiffs or other organizations. Initially, you need to check this information. Next, you need to make sure that the process of selling real estate is carried out with the full consent of the pledge holder.

If a lawsuit is held against the owner of the apartment, then such an acquisition must be abandoned.

The nuances of buying in a new building

If you need to buy an apartment in a new building, what do you need to know to guarantee a competent and official purchase? Initially, some significant points for each buyer are analyzed for this:

  • location, existing infrastructure and ease of location in relation to the place of work or other facilities;
  • cost of 1 sq. m., and it should be lower than the value of real estate in the secondary market;
  • the presence or absence of a legal history, and the acquisition of an object directly from the developer is considered optimal, which minimizes the possibility of fraud and the fact that third parties can claim an apartment;
  • the possibility of applying for an installment plan or a mortgage if the buyer does not have the necessary funds for such an acquisition.
what you need to know when buying an apartment

Buying an apartment in a new building, what you need to know? To complete the current transaction, the following parameters are evaluated:

  • initially, all the data provided by the contracting company that is involved in the direct construction of the facility is carefully studied, and this includes various licenses and financial documents;
  • information about the builder is checked, therefore it is important to obtain data on how long the organization has been operating on the market, what facilities have been built, how many open lawsuits with customers, and also reviews of people who have already bought apartments from this company are studied;
  • you should personally visit the construction site to check at what stage the building is located, and you can also chat with the direct builders, which often allows you to find out significant nuances about the building;
  • if a DDU is drawn up, it is important to make sure that there are all the necessary points in the duties and responsibilities of the builder, and if they are absent, it is advisable to revise the document or even contact the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

Having figured out what you need to know when buying an apartment in the primary market, each person can protect themselves from poor-quality acquisition, which is accompanied by the complexity of registration of ownership.

Features of buying a home mortgage

Often, people simply do not have the necessary funds to buy real estate. In this case, it is advisable to contact the bank for a mortgage loan. If you plan to purchase an apartment on a mortgage, what do you need to know to consider all the possible risks and disadvantages of such an acquisition? For this, some points are taken into account:

  • without fail, the apartment is made out as a pledge to the bank, so it will not be possible to sell housing or change the owner in another way before the loan term expires without permission and participation of the bank;
  • annually have to insure the apartment;
  • before applying for a loan, you will need to evaluate the property;
  • It is forbidden to carry out re-planning or other significant processes with the object.

To buy an apartment in a mortgage, it is important to correctly choose the lender, as well as buy an insurance policy in an accredited company.

buying an apartment resale what you need to know

Pros of buying a mortgage

If you plan to purchase an apartment, what should the buyer know when using borrowed funds? The benefits of such an acquisition include:

  • the bank itself, before signing the contract, checks the seller, for which he assesses his credit history, financial condition, reliability, open claims and other features, therefore, if the bank refuses to lend, you can be sure that there are a huge number of minuses in the work of the builder;
  • all documents are checked by the legal department of the bank, so if a mortgage is provided, the buyer can be sure that all the documents of the seller are legal, with the necessary information and reliable;
  • Bank funds are transferred directly to the developer, which prevents the possibility that third parties may claim these funds;
  • Bank employees with the necessary authority additionally assess the condition of the apartment and determine all factors that affect its value, which excludes the possibility of fraud or overvaluation.

Thus, due to the participation of the bank, the legality of the transaction can be guaranteed.

The nuances of buying a resale

What you need to know when buying an apartment located in the secondary market? Such a transaction is considered the most specific and complex. This is due to the numerous risks that lie in the fact that third parties can apply for real estate.

buying an apartment what you need to know the buyer of the secondary

The most significant nuances of such a purchase are:

  • legal risks, as there are multidimensional legal relations, and it is also required to check the purity of the transaction and the compliance of all documents of the seller with the numerous requirements of the law;
  • technical risks. They are related to the fact that in the apartment itself there may be various hidden problems, which are represented by the incorrect operation of utilities, the object’s non-compliance with sanitary requirements or other difficulties that are already determined during the operation of the property.

To reduce risks, it is advisable to use the help of a realtor or lawyer. Also, all papers of the seller must be notarized. It is necessary to make copies of the papers, and it is also important to insist on the formation of an act of transfer of the object.

The specifics of buying with a realtor

Many people resort to the help of a specialist in the process of finding the best real estate. Therefore, citizens decide that the purchase of an apartment through a realtor will be carried out. What do you need to know for this?

You need to choose only trusted companies that provide quality services. The realtor himself must constantly accompany the deal. Additionally, the company should check the legality of the transaction.

Studying the quality of real estate

To buy a really high-quality and comfortable apartment, you need to pay attention to some points, which include:

  • checking the state of engineering communications;
  • you need to make sure that the current owners did not carry out illegal redevelopment, so the data from the technical plan are checked with the actual condition of the property;
  • The condition of repair, the quality of the existing windows and doors, as well as other important elements, are evaluated.

If the apartment is fully suitable for the requirements of the buyer, then you can start a legal check.

buying an apartment what the buyer needs to know

How to check the apartment?

Before purchasing any chosen option, it is necessary to obtain an extract from the USRN on it, which contains information:

  • the presence or absence of an encumbrance;
  • number of former owners;
  • the number of registered people, and if there are minors among them, then it is advisable to refuse such an acquisition;
  • indicates how the seller received this object.

You can even get this document yourself using the Federal Tax Service website.

buying an apartment in a new building what you need to know

How to check the seller?

It is checked by the seller in various ways:

  • the Federal Tax Service must make sure that the citizen’s passport is genuine;
  • It is advisable to request a certificate that confirms the seller’s legal capacity and his lack of mental deviations;
  • if there is a power of attorney, then it is checked for legality.

Checking the owner of the object is not difficult with the help of various state organizations.

Thus, if everyone knows what information should be obtained when purchasing an apartment, then you can count on the purchase of really high-quality and optimal real estate. It will not only meet the requirements of a citizen, but the transaction will be legally clean. The process of assessing real estate depends on whether the apartment is in the primary or secondary market. It also takes into account whether a mortgage is issued for such an acquisition and whether the services of a realtor are used. In this case, it is important to evaluate the quality of the object and the purity of the transaction in different ways.

Source: https://habr.com/ru/post/G45495/


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