Errors in buying a second-market apartment and a new building

Realtors identified the main reasons why people refuse to buy apartments in the primary market

Construction of multi-family houses (Photo: Yura Chizik user from Flickr.com)

In Russia, there are people who, in principle, do not buy housing in the primary market, who are willing to re-pay to avoid buying an apartment in the new building, told the realtors who were interviewed by RBC Real Estate.

The editorial found out from the agents what they were afraid of and why they were looking at the only secondary market.

Risk is not satisfactory.

The main reason for the rejection of the apartment in the new building is the fear that the house will not be completed, as told by the Director General of the Peterburg Real Estate Agency, Konstantin Fedorov, who says that such fears exist in all regions of Russia because there are incomplete and frozen structures almost everywhere.

"The situation with the cheated shareholders in the country is extremely tense," confirmed by the head of the analysis department of Century 21 of Russia, Cyril Kotricov. "People are very afraid to be without money and housing."

More than anyone else, those who had already dealt with problematic new structures and were no longer willing to repeat this experience were told by the head of the Est-a-Tet real estate agency's key partners, Roman Rodiontsev.

When confronted with this once, a person is likely to lose confidence in the new structures and switch to secondary housing, and make realtors.

Photo: Yura Chishik user from Flickr.com

Doubtful quality of housing

They refuse to deal in the primary market, and those who are willing to believe in the timely construction of the housing complex, who simply consider the new housing to be poor, told Century 21 about Russia.

"The other day, our agency was approached by a buyer who considers apartments exclusively in Stalin homes.

She is convinced that such buildings are safer than new buildings, much better heat and soundproofing, since they used to be built for centuries," cited the Director General of the Orange Real Estate Agency, Olea Rudakov.

"As construction is a cost-effective process and the cost of 1 square metre in the new construction must be sold in full and fast, developers are forced to seek ways to save," Cyril Kotrickov explained.

Some choose the simplest option of saving on materials. Even if all construction materials provide the minimum quality needed, they are not always sufficient to provide comfort.

For example, soundproofing in many new structures, according to tenants, is worse than in the "secondary".

The company's director, Vladimir Kasirtsev, said that the buyers of apartments were switching to the secondary market because of poor insulation, curved walls and even cracks that could be observed in the new structures at the construction stage.

Photo: TASS

Actual lack of preparedness at home

Even a man who believes in the reliability and integrity of the developer will choose a secondary apartment if he needs to move urgently has told the realtors.

"For example, the buyer has already sold an apartment located in another region and does not have the means to rent a rental dwelling," explained the head of the Urban Real Estate Division of a subsidiary of NDV Real Estate, Denis Ghadjiev.

"It has been shown that it is also the principle to choose secondary housing for those buyers who have an urgent need to prescribe a family, to receive any benefits, to go to school or kindergarten."

The availability of school-age children is a practical guarantee of the choice of secondary housing, as noted by Est-a-Tet.

"If a child is one of the owners of a sold apartment and a new registration is needed, people are likely to choose the "secondary"," said Roman Rodiontsev.

- The guardianship authorities will permit the purchase of an apartment for minors in the new structure only if the facility's readiness is more than 70 per cent."

The actual unpreparedness of the house in the new building stops those who would like to see their neighbours before the move were found in the "Homebook".

"Some of our clients are asking them to introduce them to their neighbors in the stairwell, wanting to know more about the quality of life in the neighborhood and home, while at the same time checking the adequacy of the people who may have to share the hall space," Vladimir Kashertsev admitted.

Photo: Ilya Tararov user from Flickr.com

Refusal to repair

Those who do not want to make repairs from scratch choose a flat on the secondary market in good condition, noted at Est-a-Tet.

"Several of these secondary apartments are sold with good repairs and even with furniture, and some with advanced infrastructure," was confirmed by Albin Shachiev, director of the Kazakh birth wall agency.

However, a large part of the new structures are being put into operation with flats without trim, which includes additional repair costs, and have been highlighted in the "VND Real Estate".

"In the secondary market of unrest, you lose yourself," Vladimir Kashirtsev concluded from the Azbuki of Gillia. "It's all ready to live on your own health. The extra cost of repairs can wait, and you can move to the apartment in the condition in which it was purchased."

"The quality of repairs in those LKs where flats are rented with trimmings is another factor: these houses are few, they cost more than a decent amount, and the level of work done is not always high," said the head of the Megapolis Service Reeling Centre, Julia Besina.

- It would be a shame if a conditional free outlet suddenly pops out, the plaster bubbles in six months, and the wallpaper is tasteless and boring?

Why pay more if you can find a cute option on the "secondary"?

Photo: Yura Chishik user from Flickr.com

Inconvenient location of the new construction

People prefer "secondary" housing because in big cities, the centre is usually built – hence the new buildings are on the outskirts – told Oles Rudakov by Orange. "People just don't want to live far from civilization," said the realtor.

"In large cities, the transport accessibility of the residential area is very important: people have to travel a certain distance to work every day, and of course it should take an acceptable amount of time.

In contrast, developers build sites where permits have been obtained — there is simply no room for construction in a transport-friendly location in some cities," Kirill Kotrikov of Century 21 confirmed.

"A lot of LKs are built on former marshes, recultivated landfills and other unfavourable areas," Julia Besine added. "As a rule, visitors don't know that, but the locals of the "new and beautiful new structure" will go around the side. It will be difficult to resell these dwellings."

Photo: Yura Chishik user from Flickr.com

Transport inefficiencies and lack of greening

The isolation of new VCs from inhabited areas inevitably leads to the following problem: transport inefficiencies.

Buses can reach new areas a few years after the settlement of houses, so the housekeepers are often cut off from the world within a compact neighbourhood, warning the realtors.

This issue is particularly important for older persons, who always assess the proximity of public transport stops, as pointed out by Vladimir Kashirtsev.

The distance of large houses from inhabited areas attracts people who are used to driving a private car.

As a result, a very large proportion of residents with their own car are found in new housing complexes, and realtors have been found.

As a result, traffic is constantly created in the exit from the VC, and local residents are immediately competing for parking spaces, and attention is drawn in the "Homebook".

"When you enter the new building in the new neighbourhood, you shouldn't expect an attractive view from the window," added Vera Larion, Director-General of the Mochishkin branch of Megapolis Service. "Even if the developer tried to make the most of the home, it would take quite a long time before the bushes and trees would make the eyes happy."

Photo: Yura Chishik user from Flickr.com

Noise from repair and construction

Many people won't buy a house in a new building because they're afraid of "everlasting," told Megapolis Service.

"The residents are growing in stages and tend to start repairs, so that the noise of drills and perforators, dust, smells and other associated inconveniences can actually last up to five years," said Vera Larion.

"If young people pay little attention to this because of their employment and their absence from the apartment during the day, there is no place for older people to go in such a situation.

Secondary apartments prefer those who value peace and quiet, agreed at Est-a-Tet. "As a rule, unsold people can stay up to 15% of the house when the house is put into service, " warned Roman Rodionts.

- The rest of the owners have been renovating for about two years, while the rest of the apartments are being implemented in parallel.

In addition, buyers who plan expensive trim in the apartment are wary of being damaged by the new house."

The construction of new housing units and lines near the homes already set up has caused additional inconvenience, as the realtors have pointed out.

"When large-scale projects of first-house buyers are being implemented, the prospect of living near the construction site may be frightening," said Denise Gadjiev of NDV Real Estate.

In this case, the sound of beading, construction dust, and cranes will become integral satellites of new builders.

Inability to pay for costs

A separate category of people who choose secondary properties is investors who intend to earn rent from renting apartments. The purchase of housing during the construction phase guarantees that the buyer will wait for a long period of time to put the house into service, which means that he will not be able to make a profit from renting an apartment, told Est-a-Tet.

Photo: Yura Chishik user from Flickr.com

Lack of schools and kindergartens

The existence of kindergartens, schools and other facilities that characterize the quality of the urban environment increasingly determines the buyer ' s choice, noted at Century 21. Families with children prefer secondary apartments, as schools, health clinics and kindergartens are guaranteed, and the residents of new structures will have to wait until these facilities have been completed, warning the realtors.

"There are no schools, kindergartens or polyclinics in many new buildings, especially in the military neighborhoods, which, apart from homes, do not have parallel infrastructure," said Vera Larion.

"But in other newly built neighbourhoods, these problems are enough, for example, there is a Pavšinska Puncture near Krasnosk, where only a year ago a health centre and a post office appeared, and people have been living here for almost eight years."

"The kindergarten, the school, the health centre, the usual shops — all of which bind to themselves and, if possible, move to a new place of residence, may be the point of refusal for such changes in life," agreed Julia Besina.

Photo: TASS/ Boris Kawashkin

A Struggle to Save

The tenth reason is a general shortage of money for an apartment in a new building, claimed by realtors interviewed by RBK Real Estate. In many cities in Russia, secondary flats are cheaper than primary flats, told at the birth wall agency.

"It will not be possible to buy an apartment in a new building in a normal neighborhood at the price of a crunch," noted Albine Shachiev. "For example, in Kazani, the price of redevelopment at the start-up stage of sales is higher than for similar objects at the "secondary".

In addition, there may not be any new structures in the right area, and if construction is under way, the prices of such apartments will be guaranteed in the developed and inhabited areas."

"In addition to the mortgage on the "primary girl", Julia Besine added, "and if you're also living on a rented apartment, it's a very expensive thing to do," she added.

In the choice of a secondary dwelling, savings arise even in utility payments, the realtors are considered, and the amounts in the receipts of the new housing stock are often higher than in the houses of Soviet construction.

"Today, when the population's capacity to pay has declined, for many, housing with a small kitchen and hallway is preferable, but with sufficient, not excessive, space, " says Olesia Rudakov.

"People don't want to pay for the spacious halls, halls, and toilets that are characteristic of many modern buildings."

Procedure for buying a mortgage: in a new building and in a secondary market

Address: Efremova Street, 20th floor, 1st 119048 Moscow,

Tel.: +7-951-109-02-51

What actions should be taken to obtain a mortgage? Is it sufficient to have a stable income and a good credit history? It must be understood that the mortgage is a loan that has been taken for 15 to 30 years.

Thus, revenues should be consistently high throughout the credit period and ensure that debts are paid on a monthly basis.

Below, we will examine in detail the procedure for buying a mortgage.

Key points in buying a mortgage

In recent years, the number of mortgage loans issued has been increasing every day, buying real estate without spending time on savings, loans from friends and relatives, very conveniently, and the number of bank offers is huge.

By granting consumer credit, the bank may request the sponsorship of another natural person, but not always; when mortgage is issued, the dwelling itself is a loan guarantee.

You can live in an apartment, repair it, but you can't give it, sell it, and rewrite it without the prior consent of the credit organization.

The difference between mortgage and consumer loans is also that mortgages are quite large (from several hundred thousand roubles to several million) for a longer period (to 30 years).

When you process a mortgage, you can choose how to repay the debt; it can be equal to (annuity) payments with equal interest payments or payments that are reduced by covering the principal debt, i.e., differentiated.

In this case, interest is credited to the balance; the latter option is considered more advantageous, especially if you have issued a very long loan, the overpayment will be lower.

But the earnings requirements are higher than those for mortgage payments.

Procedure for buying a mortgage on the secondary market

1. Specificity of mortgage lending in the secondary housing market.

   The benefits of purchasing secondary housing for mortgage are as follows:

   • There is no risk of loss of investment due to contacting an unreliable developer, as the apartment is located in an already built house.
   • Housing is taken over as soon as the purchase is made, no further action is needed.
   • You can live in the apartment, you can start repairs, you don't have to wait for the object to be delivered.
   • You can choose an area with a kindergarten, a hospital, a school, a shop, a job, and so on.
   • If you want to buy an apartment in the center of the city, it's likely to be a secondary dwelling, and the new buildings in the big cities are usually on the outskirts.

   And here are the negatives:

   • A flat in a new building is a "clean" dwelling, free of debt, while a secondary dwelling with debt may not be okay.
   • The declared heirs may claim a share in the apartment or the entire apartment, and you may not know that.
   • The price of buying a square metre is higher than that of a house in a new building.

   

   When purchasing a mortgage on the secondary market, attention should be paid to several points:

   • It should not be neglected to test the dwelling for debts and other circumstances that might render the sales contract null and void.
   • The high cost of buying a "secondary" relative to new construction is often accompanied by a smaller dwelling area.
   • Mortgage will have to be taken on less favourable terms.

   The procedure for buying a mortgage in the secondary market and in the new structure is different, and the lender takes ownership of the property immediately upon the purchase of an apartment that was owned by someone.

   If you want to buy property in a new building or a house under construction, you will have to wait until the construction process is completed and the final commissioning is completed before registering an apartment in Rosreister, but before doing so you have to take into account the right of the developer.

   You may become the owner after a few years, as this process may be protracted.

2. Whether realtor assistance is requiredWhen you buy a mortgage, you have the right to use the services of an agent or a mortgage broker. You can go through all the stages of buying real estate and applying for a bank yourself. You can either make your life easier by contacting a specialist because he is familiar with the procedure necessary to buy a dwelling. Remember to check the recommendations, there are a lot of fraudsters at present.

   The advantages of buying a mortgage through an intermediary are as follows:

   • Knowledge of the real value of the dwelling: Private announcements indicate the amount that the seller wishes to collect from the buyer, but this price does not reflect objective indicators and may be much higher or lower than the average market.
   • Banks and real estate agencies often help each other by coordinating, working in partnership. If you want to save interest rates, speed up your mortgage approval, the real estate agency will help you, sometimes you don't need to provide some documents to get credit, and the capacity to pay goes a little faster.
   • Realtors are familiar with a variety of mortgage programs and can help you choose a banking organization and the most advantageous terms of credit for the purchase of real estate.
   • When you apply to the agency, you don't have to fill out a loan application, you have to do all the work, and you'll only have to choose from the approved applications the most attractive one.
   • A lawyer working for a real estate agency will help buy a mortgage, and he will look into the legal side of the question: he'll do the necessary checks, he'll fix the documents for a safe transaction, and so on.

   When you buy a mortgage, you have to do the following:

   • Select a bank, a mortgage programme;
   • To collect the documents necessary for the credit application;
   • Find an apartment;
   • Gather the documents for the apartment, then the bank must check it;
   • Make a sale.

Procedure for buying an apartment in a mortgage in a new building

There are several options for buying an apartment in a building and already built house, so a number of steps that need to be taken will be different.

The procedure for buying in a built house is as follows:

• Study of the territory, plan, technical characteristics of the facility, assessment of the infrastructure and possibilities for its expansion;
• Introduction to the developer;
• Visit to the developer ' s office to familiarize himself with the organization and the apartment;
• An inspection of the dwelling;
• Preparation and drafting of the treaty and the setting up of documents;
• :: Actions on payment;
• Preparation of an act of transfer of the facility to the new owner;
• Registration at Rosreestre, propiska.

If the house is in the early stages of construction, there is a need for a equity contract specifying the manner in which the facility will be delivered and the termination of the contract; this document will help to avoid the risks associated with the purchase of the dwelling in the house under construction.

Procedure for purchasing an apartment with a mortgage with a mother ' s capital

Maternal capital is not cash and cannot be obtained by hand; it can be spent on a limited list of statutory needs, including the purchase of housing.

Once the transaction has been processed, the Russian Pension Fund will transfer the necessary amount to partially repay the mortgage.

As an action to spend money on maternal capital, it is possible to spend money only if it is used in its entirety, not in part for mortgages, but in part for education.

Regardless of whether you buy an apartment in a building house with an equity contract or in a secondary market, you have the right to use your mother's capital to buy a dwelling.

It is possible to take any action to implement the certificate by the time the child reaches the age of 3 years; in accordance with the procedure established by law, you can use your mother ' s capital earlier.

This exception is a mortgage purchase or a mortgage agreement already in place with the bank.

In deciding on the mortgage, banks require that 10 to 25 per cent of the cost of housing be the initial contribution made by the borrower himself, and a supplementary credit scheme is used to use the funds of maternal capital.

You will have two loan contracts, one for the amount of the initial contribution, which is paid out in a short period of time in terms of maternal capital, the other for a long period of time and is the principal mortgage amount. Why is the procedure for obtaining approval of a mortgage so complicated?

• The reason for this system of action is that the Pension Fund of the Russian Federation cannot send money to a credit organization without the conclusion of a transaction, the passage of State registration and the right of ownership of the borrower.
• 
• So here's the course of action that needs to be followed in order to buy a mortgage with maternal capital:

1. Decide on the selection of a credit institution that provides a mortgage using a certificate.
2. Prepare documents for approval: a certificate of income from the workplace, a copy of the workbook, passports, etc. To complete the questionnaire and apply.
3. If the bank asks for information about the property being purchased, provides it with: an apartment or a private house; a building house, a built or a secondary housing market; the price of the facility, the name of the seller confirming ownership, is also disclosed; the documents are kept in order; the bank checks the information and approves the real estate, which guarantees the return of the loan because the dwelling is a mortgage; in some credit organizations, such actions are not required; banks allow for the choice of the dwelling within 1 to 3 months after the loan is granted.
4. Once the loan application has been approved, the remaining real estate documents must be collected: certificates of non-debt, certificates of ownership, consent of the guardianship authorities, etc.
5. To apply to the Russian Federation Pension Fund, thus expressing its intention to buy an apartment, to provide a package of documents and the bank ' s consent.
6. The independent expert, at the initiative of the bank, should proceed with the evaluation of the subject matter of the purchase and determine the price, which will determine the amount of the mortgage and not the price set by the seller.
7. To issue a loan contract: it specifies the amount, the duration of the loan, the interest rate, the right to early payment, the payment schedule, the termination schedule, the mandatory payment from the mother ' s capital, and the real estate to be purchased and the mortgage to be issued.
8. At the same time, a contract of sale should be concluded, a certificate of admission and transfer should be drawn up, an initial contribution should be made and a receipt should be provided by the seller; if the original contribution was paid to the bank, all transactions with the owner of the dwelling should be made by a credit institution.
9. Pay the State in accordance with the procedure established by law: 1,000 roubles for the issuance of a mortgage contract, 1,000 roubles for each side of the sale transaction for the conclusion of the contract, and 2,000 roubles for legal entities.
10. Register the facility in Rosreestre by providing the required package of mortgage and sales contracts, with both collateral and transfer of ownership.
11. Until the mortgage debt is fully paid, an annual agreement must be concluded with the insurance organization; the life, health of the borrower in the event of the latter ' s incapacity or death and the real property acquired in the mortgage must be insured; the insurance arrangements are important for both the bank and the borrower.
12. To send to the Russian Federation Pension Fund registered sales documents and a certificate of ownership of the holder of the mother ' s certificate; real estate is recorded in the shares of parents with a child.

1. Once the necessary procedure has been followed, the Russian Pension Fund transfers the funds of maternal capital to the bank to settle part of the debt.
2. If the compulsory condition for registration of the dwelling on parents and children when buying is not met, this may be the basis for the application of the Russian Pension Fund to the Public Prosecutor ' s Office to require the owner of the real estate to register in court.
3. This is the correct course of action when buying a mortgage.

Buying an apartment in the secondary market and in the new building: What needs to be known and taken into account?

The purchase of housing is a matter of responsibility. Depending on the market in which housing is purchased, whether it is primary or secondary, it is subject to requirements. All documents must be checked during the purchase, the cleanness of the transaction must be checked, and the condition of the dwelling itself must be monitored.

So, what should we consider when buying an apartment?

Documents on the purchase of a house in a new building

Primary market apartments are usually purchased at the construction stage, and it is necessary to verify the integrity of the developer, i.e. the legal integrity of the transaction.

Information about almost every construction companyYou can find it online, you can also send a request to a self-regulating construction organization.

Any major construction company would be registered there, as the construction of multi-species without participation in the organization was simply prohibited by law.

When you answer a request, you can find out,How long the firm has worked, who founded it, what facilities have already been built, whether there are court disputes, etc.

The second factor is the drafting of a treaty

It should be made clear that the following paragraphs are included:

• The full name of the developer, including his legal address, director and founder details;
• The exact parameters of the dwelling, up to its location, the general and residential area, the number of rooms, etc.;
• Nodal period for the transfer of the dwelling (not abstract "after the completion of construction", but precise date, for example, "no later than 15 July 2023));
• The duration of the guarantee (usually 5 years);
• The value of the agreement;
• The timing and mode of payment.

In the event that the treaty does not contain any of the listed items or has a different wording, it is necessary to insist on the conclusion of a "right" agreement; in the event of a breach, the contract may subsequently be declared invalid.

The third factor is document verification.

There's gonna be a lot to look at.Act No. 214 "On participation in the construction of shares...",which sets out the terms of the contract as well as the list of documents to be attached to it.

Thus, buyers may request from the developer notarized copies of:

• The certificate of ownership of the plot, if it does not exist, of the lease agreement, and the period specified therein should be extended to the completion of the construction;
• Permits for the building of a house;
• Project documents, including declarations, State expert opinions, work plan, etc.;
• Construction projects;
• Certificates of registration of a lawn;
• The founding documents of the developer;
• Insurance company (if any).

The analysis of the documents can be done by themselves, but it is better to show them to a professional lawyer who will examine them and identify risk factors.

The last, and one of the most important, is the degree of preparedness at home.

If the house is in its initial stage of construction, it must be prepared that the house will not be available soon, and even if the house appears to be ready but has no communication, it may be long.

What should be considered when buying an apartment?

What do you need to know when you buy an apartment in a new builder's house?

If the documents of the developer are in order and the contract has been concluded,All that remains is to gradually pay the cost of the future accommodation and to wait for the construction to be completed.

Finally, the long-awaited moment is that the developer gives the buyer the keys to his future home and asks him to sign the reception-transfer certificate.

What should we pay attention to when checking documents?

• In some cases, developers cannot obtain the permission of the commission and sell their apartments without them, as a result of which the tenants can be evicted on the basis of illegal residence in an emergency or unconstructed house;
• the consistency of the original design document and the final result — it is simple to say whether the object corresponds to the parameters that formed the basis of the contract: it is necessary to measure the housing and total area, check the thickness and material of the walls, the quality of the trim, etc.;
• on the price of the contract - the value of the dwelling should coincide with final and preliminary agreements.

What should we pay attention to when looking at the apartment?

• There shall be no signs of damp on the walls or on the ceiling;
• The walls must be level; this can be controlled by level;
• The quality of the sexes shall be in accordance with the declared quality;
• The walls will not be unnecessary: the quality of the plaster as well as the absence of voids are checked;
• There shall be no distortion of doors and window frames;
• There shall be no debris in the rooms or on the balcony; the builders shall themselves remove it;
• It is particularly worth monitoring the infrastructure: water availability, plum operation, absence of visible damage on radiators, etc.;
• Check the gas and electricity, assess the quality of the wiring, verify the presence of the ground.

If any faults or technical defects are detected, the receiving and transferable act shall not be signed; on the contrary, the inspection certificate shall be drawn up and everything that the tenant has not arranged shall be recorded.

Only after the shortcomings have been corrected canSign the final contract and act of reception.

What should you know when buying an apartment on the secondary market?

When buying second-hand housing, it is easier to assess the risks because there is no need to expect the construction to end and to communicate with the developers, nor is the duration of the purchase of the dwelling so long; however, there are risks, and the insurance will not be irrevocably damaging.

It is necessary to verify the seller ' s right to dispose of the dwelling.

• Owner ' s passport, which is consistent with the data in the housing documents;
• A certificate of the right to an immovable property, which must not bear any marks on the encumbrance;
• The document on the basis of which the seller became the owner of the real estate and, if he inherits the apartment, must pass at least six months after the death of the testator;
• A technical and cadastral passport containing all the characteristics of the dwelling, including the names of the owners.

In addition, the following papers should be asked:

• Certificates of non-debt for rent (or face-to-face);
• Remodelling permits (if any);
• The consent of the spouse if the property is acquired during the marriage;
• The authorization of the guardianship authorities, if one of the sellers is a child;
• The authorization of guardians if the seller is an incompetent Graddinian;
• The existence of a power of attorney if the owner does not sell the apartment (with special reference to the duration of the power of attorney).

What should you know when buying an apartment on the secondary market?

Documents to verify the cleanness of the transaction

• An expanded copy of the home book to make sure that there are no temporary absent persons on the premises, such as military personnel, prisoners who have left abroad, in a hospital or in a nursing home;
• A certificate from Rosreestra to ensure that the apartment is not laid down, arrested, rented or subject to court proceedings;
• An extract from a notary office stating that there are no legal heirs if less than one year has elapsed since the death of the former owner of the dwelling;
• A certificate from WEC showing the payment of all rent and major maintenance debts, as well as other payments, such as a home phone.

In short, we need to learn as much about the apartment and her past as possible.

Otherwise, after relocation, there is a risk that the new owners will be accommodated by a former prisoner or a distant relative of the deceased owner and that the sale will be declared null and void; and if there are doubts about the cleanness of the transaction, it is better to consult a lawyer.

In addition, the pre-sale contract may be subject to the terms of the agreementThe risk of being deceived by the seller.

For example, if it was discovered that he had withheld some important information, he would be obliged to return the deposit and the contract would be declared null and void.

Checking the apartment in the secondary market prior to purchase

It is generally not necessary to check the quality of the dwelling in the secondary market because the owners have been living there for some time and have removed the most obvious shortcomings; however, the testing of the new dwelling should be done: at least in order to cut the price in the bidding process when the deficiencies are identified.

To what should I pay attention?

• Whether a roof or a wall is leaking, especially for apartments on the upper floors. If there is a partial protein on the ceiling or walls, that's also a reason to think.
• The condition of the windows: There shall be no visible scratches, no cracks on the frame, especially on the glass.
• Renovation: It happens that the owners do light repairs to the premises before the customers visit, so you have to look at all the corners, check the wallpaper behind the cupboards, make sure that the ceiling tile doesn't collapse, and the plints are safely nailed.
• The presence of cracks in the walls or on the ceiling, which not only serves as a source of penetration, but also threatens the collapse of the entire house.
• If they're not good enough, they're gonna have to change, but it's usually not critical.
• It's not critical either, but if they're not there, you either have to pay by the standards or put the enumerators at your own expense.

Of course, it is very difficult to assess the merits and disadvantages of the apartment at first sight.

As a rule, all joints appear directly at home and have to be dealt with quickly at their own expense.

However, even a quick look would give some indication of the state of the apartment.And if the buyer feels right, he has the right to bargain.

What you need to know when you buy an apartment in the secondary market and in a new building at the developer's:

With the latest legislative changes, the legal information in this article may have become obsolete!
Our lawyer can consult you free of charge - write a question in the form below:

With the latest legislative changes, the legal information in this article may have become obsolete!
Our lawyer can consult you free of charge - write a question in the form below:

Six major errors in buying an apartment in a new building.

Image source: Laurie Photo Bank

The purchase of an apartment is always a risky step, primarily because the budget for the purchase is very substantial for most people. To avoid the sad situation of buying an apartment, it is better to look ahead at all the "quiet" places of the deal and learn not from their own, but from other people's mistakes.

Error One: Didn't check the name of the developer and encountered a "one-day" or bankruptcy

First and foremost risk is when you buy an apartment in a new building,Reliability of the developer. According to Eugenia Redkin, CEO of Realist,This is an additional factor in the crisis.

What could be worse for the buyer than freezing the facility? "So, of course, first of all, there is a need to check the reputation of the developer, including previous projects, residential forums, the press, and the Internet.

The argument for reliability — accreditation in Sberbank and other major banks (credit institutions are very careful about risks)" said the expert.

According to Leonard Blinov, deputy director general of UrbanGroup,Among the parameters by which reliability can be determined are the number of facilities already built and delivered by the company, as well as the conformity of these facilities with the declared projects.

The second parameter is the type of company, namely, how many legal entities are involved in the construction process (rent/purchase of land, design, construction, provision of construction materials, sale, commissioning)", the expert considers.

Buyer also needs to pay attention toProject funding.

According to Maria Lietinetska, CEO of the company"Metrium Group", Today, it is better to choose new buildings, which are built not only on loan, but also on their own capital.

"In the current economic environment, the risk area is primarily the small facilities of small developers where there is no project financing and which are built with money from sales; it is clear that if there is no purchasing activity in the project, construction can also be stopped.

Typically, such developers do not attract financial partners, because first, banks do not always provide interesting conditions for small developers.

And second, when the project is small, it takes a little bit of money, at the start of the project, the developer can invest some of his funds, and then build on the funds of the fundraisers, and that's where these projects end up at risk. They tend to be located in Pomoskovje, which we estimate is between 20 and 30 per cent. In Moscow, the situation is still more stable – it's hard to get the project here, so the capital has basically experienced large developers," the expert said.

The second error: failed to take into account the dynamics of construction and encountered a long-term structure.

Another aspect that the buyer of an apartment may face is that,I don't think the building's going fast enough or stopped at all.It is therefore very important to assess the speed and activity of the construction work at the site.

According to Maria Litinetsky,It is easy to understand the pace of the project's construction. "In the first instance, it is necessary to make sure that the deadline for delivery has been given to you at the sales office. You can find this out by reading the project declaration on the site of the site or the DDU.

It is also not so difficult to monitor the progress of the construction – it is sufficient to visit the construction site personally or to observe it on the project site if such an option is available," the expert said.

Third error: agreed to a grey scheme and went out of protection of 214-FZ.

The third mistake in buying an apartment in a new building isXenia Grishkovec, the marketer of Translight-Invest,Recommends that attention be paid toA scheme for the sale of an apartmentIn the expert's view, "the most reliable option is the Contribution Agreement for the Construction of Co-operatives (UDSA).

All other options (a residential building cooperative, much less pre-contracts) do not protect the buyer ' s interests.

The equity contract is immediately registered with the Registering Chamber, plus it clearly sets out all the conditions for the purchase of real property: price, duration of payment, the parameters of the dwelling, and that the mechanisms for obtaining compensation for non-performance of the contract are not insignificant."

We've been chasing the cheap one, we've paid for the driveway.

A serious mistake that, unfortunately, buyers make isIt's a low-cost chase.

Of course, many clients have limited means and then have to close their eyes to important issues such as the location of the object, its infrastructure, its surroundings, etc.

Unfortunately, this is being used by bad-faith developers who can impose a very low square metre price due to lack of clearance documents or problems with the funding of the facility.

Error Five, miscalculated time on the road - lost comfort

According to Sophia Lebedeva, Director-General of MIEL Novostrov, the buyer may misjudge the transport accessibility of the facility.

"It happens that the buyer attracted a low square metre price in the residential complex, large flat size, decent infrastructure and other facilities, but he did not appreciate transport accessibility.

It turns out that both the electrician and the public transport have to be used and walk, and not everyone is ready to live far from Moscow and spend more than 1.5 hours on the road.

Therefore, the issue of transport accessibility and convenience for all members of the family needs to be assessed at once; it will not be possible to get used to these difficulties; it will take a very long time to travel every day," the expert said.

Error Six: Buyed a new house in a clean field - never got into kindergarten, school, health centre

Also, according to Sophia Lebedeva, "there have often been cases where a family with children has bought an apartment in an attractive housing complex, but without their own infrastructure, and it has been found that it is not easy for children to get places in a district day care centre.

Then it becomes a problem for the family – where to put the baby, where to put the garden; often it ends up taking him to a nearby neighborhood, which, of course, is uncomfortable.

That's why we need to do this right away.Study the availability of social infrastructure in the region- Kindergarten, schools, etc., which will be the principle for further residence."

Purchase of second-hand housing: typical errors - BN.ru Knowledge Base

Buyers in the secondary market often make mistakes that cost them dearly, both in the literal and the literal sense, and these are some of the most common ones.

Emotional purchase of an apartment

But when the first delights take place, their place is disillusionment, and people often buy their own apartment, they think, in a good place and at a good price, with an initial view to selling it in the future.

And a year or two later, many will be surprised to learn that they actually bought an illiquid, because liquidity is not a feeling, but a practically mathematical amount based on dozens of factors.

Verification of documents

It is hardly the most costly for a buyer to ignore the issues of checking the seller ' s package and the legal purity of the apartment; however, this is not usually an option for a single buyer; most risks can be avoided by entrusting the documents and history of the apartment to an experienced professional.

Negotiations with seller

A lot of people think that if they look at the apartment and yell at it hard, telling them how they don't like the repairs, the condition, the location, it's gonna help them get a really big, really big discount.

However, the sellers are defensive and the buyer is perceived as negative.

As a result, they may refuse not only to lower the price (which is likely to be the case with a different negotiating style) but also to sell the apartment in general to this unpleasant person.

In contrast, buyers who start to admire the apartment at the doorstep fall into extremes, and all realtor efforts to obtain a good discount will be in vain if the buyer has already shown a strong interest in the apartment to the seller.

Cooperation with the seller ' s agent

Many buyers tend to believe that the real estate agent representing the seller ' s interests will assist them in preparing and negotiating the terms of the transaction.

Of course, the person who pays him the money is unlikely to tell the buyer, for example, about hidden defects in real estate or questionable places in the history of the apartment, and the entire sales contract will also be prepared with maximum benefit for the seller.

Refusal to help the realtor

Everyone thinks they can choose their own apartment, but most people choose on the basis of two factors: price and self-image, they like it, they don't like it.

These include liquidity, distance to the metro and other transport accessibility, availability and quality of educational and treatment facilities, terms and times of the transaction, legal cleanness of documents, technical condition of the home and approach, and social conditions.

How to Avoid Errors in Buying an apartment

September 10, 2013 - 10:09

11 practical advice provided by counsel Oleg Sokhov

Inputs on the theme:

There's a lot of real estate fraud in the market, so a potential buyer runs the risk of losing an apartment or the money he's saving by taking another trick, even reliable realtors aren't always able to help.

Council one:"Remember the cheese in the mousetrap." If the price of the flat is less than 20% below the market, a red light will flash in the head.

Even if the seller uses it to move to another city or to sell it with his debts, it's worth a lot of attention to buy it. Usually, with a discount, they offer "unclean" housing. Halava attracts a lot of people, and the apartment is still for sale. Remember the free cheese and don't buy a tempting price.

In my practice, there has been a case in which an apartment with forged documents under arrest has been sold in the same way, by the way, any legal document may be forged: both the death certificate of the relative, the investment contract, the will, the power of attorney and many others.

Council two:"don't trust your trust." This tautology came out, but it's very true. If you don't know the owner of the apartment, it's a problem deal.

Remember the fake documents, the same could apply to attorneyship, so if a man doesn't come to the deal himself, then he doesn't want to sell the apartment.

There are many court disputes in practice where the owners have removed the power of attorney prior to or at all the registration of transactions and have challenged their authenticity.

Council three:"Study history." When buying housing on the secondary market, a large number of its owners or users should be alerted.

Such data can be obtained from an extended extract from the home book and from the EGRP. Dead souls or persons who are unwilling to sell or evict may be among the owners.

In such a case, the buyer runs the risk of acquiring real estate with permanent residents.

Board four:"attractiveness to the owners." We need to get to know everyone who's written in the apartment, especially the owner and his state of health.

A severe psychological or any other serious illness may subsequently result in the cancellation of the transaction; the owner should not, of course, be in a state of drug (alcohol) intoxication or mental disorder.

If there are doubts about this, it is better to request a certificate from the appropriate clinics or to visit the hospital with the owner himself.

It is particularly important to consider the identity of the previous owner of the dwelling, since he could hand over the apartment on a free deal to the real seller, which is a very dangerous situation. If the former owner wishes, the dwelling can be taken away if the previous transaction is declared null and void.

Council five:There are situations where you don't lose an apartment, but you can buy a cat in a bag.

Documents from the BTI are not needed for such transactions, so worry about them on your own.

Council of Sixth:The practice of underestimating the value of an apartment in a contract is not uncommon, but rather very common; it is a convenient way for a seller not to pay taxes.

However, if the transaction is declared invalid, it will not always be possible to recover the funds not specified in the contract; in addition, underestimation to the buyer may also be very disadvantageous because it will not be able to receive the full tax deduction.

Attention should be paid to all potential receipts in order to avoid further problems.

Council 7th:There's a very simple way to sell the apartment and get it back through court.

Special attention should be paid to the registration records of children; if their next place of residence after the proposed purchase of the dwelling is a social or children's home, the sale of the dwelling will be illegal; the guardianship authorities or the Public Prosecutor's Office will return the dwelling to the child sooner or later.

This may not happen very soon, not even in the first year, so finding ends later and getting even with the seller is unlikely.

Council of Eight:"Marriage." If the owner is married, a number of questions arise.

How long has the marriage been registered or dissolved? When the apartment was purchased? If it happened after a stamp in the passport and on a refund, both spouses have the right to it, regardless of what is written in the official documents. This means that both spouses must consent to the sale of the apartment.

If the marriage is dissolved, the spouse may claim housing rights and apply to the courts within three years, and although the entire apartment will be purchased, if the husband does not consent to the transaction, he will have to give some of the real estate to him.

Council 9th:There is a clause in Russian law to the effect that if someone left the apartment after 1995.

When he has returned to the prison, he has every right to knock on the same door, to sign off and live in the same territory, even if the apartment has a new owner, and the right to housing has been established by law for such persons.

It is for this reason that the registration history of the apartment should be checked for the extended discharge from the home book and the transaction should be abandoned when information on former home users who have left the place of detention is found.

The tenth Council:"The right to inherit." If an apartment acquired by the former owner is acquired, several factors must be warned; first, the authenticity of the inheritance documents must be verified: a will or a certificate of succession under the law.

Second, track down all the heirs, there's a risk of giving money to the apartment, and then another heir comes along with his property rights.

Just one small agreement will relieve the buyer of any problems: the agreement of the owner of the dwelling to share the proceeds of the sale with all the heirs proportionally.

Last Council:If the apartment is under arrest or is the subject of a legal dispute, the information is very important and interesting; you can find it out in Rosreister, and the answer will be given within five days.

A request should also be made to the court or law enforcement authorities of the place where the property is located to identify information on interim measures of protection, and the imposition of interim measures indicates that there is a dispute that is ongoing or that has ended, respectively, the real estate should be more closely checked or avoided.

It's safe from a lot of problems and litigation in the future, so don't ignore this advice, it's helped customers a lot.

Virtually any dwelling in the secondary housing market can now be checked thoroughly, excluding risks by almost 100 per cent.

Source: irn.ru