What are the risks for the seller when selling an apartment?

Risks when selling an apartment can be different and result from various reasons. After all, most sellers pay more attention to the selling price and the speed of finding a buyer. And they don’t pay attention to other features of the procedure, which are much more important, and thus bring all sorts of problems upon themselves.

What are the main risks associated with selling an apartment?

Competent implementation of the sales procedure with the least risk directly depends on how accurately the instructions of the laws are followed. For this reason, it is better to turn to professionals who will competently arrange the sale, taking into account all possible risks.

But in some cases, even legally savvy people and professionals make mistakes, which earns them additional problems or even risks losing their apartment.

The main risks when selling an apartment are associated with the following factors:

1. The seller is simply unfamiliar with the laws and does not know where the mistake was made that led to this or that problem.
2. He was careless in the process of preparing papers and signing the agreement, which worsened his position in the deal.
3. Attackers who, through various fraudulent schemes, try to deceive gullible sellers in order to get their apartment or money.
4. Reluctance to hire professionals, that the entire procedure took place under the competent supervision of a specialist who knows all the nuances of such transactions.

The main risk is the loss of housing or money planned to be received for sale.

This risk mainly arises due to the following circumstances:

• conclusion of a transaction;
• transfer of money;
• in operations with original documentation;
• when selling mortgaged housing;
• when selling housing in installments;
• implementation with the participation of an intermediary;
• by other means other than purchase and sale.

The safest way to sell an apartment is to conclude a purchase and sale transaction. All other forms of alienation of property are not recommended by specialists for use in such cases.

What are the risks when selling an apartment?

The previous section highlighted factors and circumstances, each of which can lead to different consequences and problems. For this reason, each of them must be considered separately. When selling an apartment, the seller’s risks directly depend on the stage of the sale.

Thus, immediately when concluding a transaction, the following risks may occur:

• legal illiteracy of the drawn up document, which causes its invalidity;
• unfavorable terms of the agreement for the seller, when he did not notice such conditions due to inattention;
• the fictitiousness of the transaction itself, when the buyer actually has goals other than the purchase of an apartment in good faith;
• participation of third parties in the transaction, which may cause problems related to their powers regarding the transaction being concluded.

When transferring money, the following risks are possible:

• when drawing up a document confirming the fact of transfer of money (receipt), it can be transferred before the actual receipt of money, which may deprive the seller of the right to demand this money if the buyer turns out to be dishonest;
• the buyer can slip counterfeit money when paying in cash;
• There may be an error in the transfer of money due to the indication of incorrect details or an error by an employee of the servicing bank.

In addition, you must be especially careful when using original documents.

Usually, due to illiterate management of them, the following difficulties may arise:

• when transferring documents to a realtor or other intermediary, the agreement may establish that the apartment cannot be sold without the participation of an intermediary;
• when provided to the buyer, he may take them away under various pretexts and not return them;
• documents can simply be damaged or lost.

A separate risk item is the sale of housing under a mortgage.

In this case, the seller risks the following:

• the bank may take away the housing due to the fact that one of the grounds for terminating the mortgage agreement was the sale of the apartment;
• having actually transferred the apartment, usually at a lower price, the seller can remain with the loan (although the transfer of all loan obligations along with the housing was implied);
• the bank may simply refuse to reissue the mortgage to the buyer, as a result of which the sale will actually be impossible (at least in most cases).

Selling in installments is also not without all sorts of risks, for example, after selling in installments, the buyer can resell the apartment to third parties and simply stop paying money. For this reason, it is necessary to indicate directly in the agreement that further alienation of the property is impossible until the buyer pays the full sale price. In cases where, for reasons established by law or at the request of the seller himself, the sale is carried out with the participation of an intermediary, for example, a private realtor, the following adverse consequences for the seller are possible:

• the intermediary can charge a commission, and a rather large one;
• Having received money from buyers, he can simply disappear with it.

In addition, there are a lot of risks in cases where the sale is carried out not by the appropriate purchase and sale mechanism, but by other methods established by law.

Risks during alienation without purchase and sale

The legislation allows various forms of alienation of real estate from one owner and transferring it to another. Each of these mechanisms can be attractive for both the seller and the counterparty, depending on the circumstances of the transaction and the characteristics of the parties.

Today, it is possible to alienate an apartment through the following civil legal mechanisms:

• assignment of rights;
• according to a housing certificate;
• on maternity capital;
• by deed of gift.

The assignment of rights consists of exchanging housing for other property, paying off debts, and the like.

In turn, from the legal side, a deed of gift represents a gratuitous transfer of rights to housing, although in fact the transfer can be carried out for money.

Selling under a certificate or maternity capital is related to the procedure for paying the cost of an apartment, when part of the funds or the full cost comes from third parties.

As for the seller’s risks when selling an apartment by assignment of rights, the following problematic situations may occur:

• the acquirer may not make the additional payment if it was provided for in the agreement;
• he may not fulfill his obligations imposed on him upon the assignment of rights;
• in case of forced assignment of an apartment, it can be resold to third parties at a lower price, and the seller’s obligations will remain not fully covered.

The deed of gift, in turn, is fraught with the following adverse consequences:

• legally the transfer appears to be gratuitous, so that it deprives the actual seller of the right to demand money or other legal actions;
• A deed of gift can be canceled only in court and only if there are certain grounds.

When selling an apartment in a manner where part of the funds comes from third parties, the main risks are related to whether these persons will fulfill their obligations.

For example, if, when selling housing using maternity capital, the buyer does not submit the relevant documents to the authorized body in a timely manner, then the transfer of funds may be refused.

The same can happen when selling an apartment using a housing certificate.

In any case, it may turn out that the documents confirming the buyer’s rights to accrue funds from third parties may turn out to be false.

Selling an apartment: safety precautions

How to protect yourself when selling an apartment? Of course, it is best if the procedure takes place under the supervision and with the participation of a professional whom the seller trusts and who will not deceive him. At the same time, selling an apartment on your own is quite difficult today. However, these days it is difficult to find people who can be trusted to carry out sales, especially among professional participants in the real estate market, where everything depends on the material component.

But in order to protect yourself from the most undesirable consequences when carrying out the procedure yourself, you do not need to have special skills. It is enough to be careful and observant. The main rule is the right choice of the buyer. Today there are plenty of scammers among both sellers and buyers. So the main thing you need to pay attention to is his behavior.

In this sense, it is worth keeping in mind that a bona fide buyer behaves as follows:

1. A person who really wants to buy a home without problems, first of all pays attention to the documentation of the apartment and tries to familiarize himself with it as deeply as possible. Just “get acquainted”, and not check somewhere else. Even if he insists on such a check, he must be present in the process.
2. He performs a thorough inspection of the state of home repairs, starting from the walls and ending with engineering and technical networks.
3. A conscientious buyer will be interested in the reasons for which the seller acquired the apartment, whether there are any encumbrances on it, and whether the rights of third parties apply to it.
4. An important factor for the buyer will be the area where the housing is located, the state of the infrastructure, as well as the characteristics of the neighbors.

If the buyer is not interested in these things, this does not mean dishonesty and impurity of intentions, but it is already a reason to be wary when the sale is carried out independently.

The following actions can give away scammers:

• excessive attention to valuables in the apartment;
• pushing for a hasty conclusion of a deal;
• insistence on dubious terms of the deal, and so on.

Fraudsters may try to trick the seller into obtaining original documents. For this reason, you need to keep a close eye on them while a potential buyer is viewing them.

What do we have to do? Sellers need to adhere to several rules that will help avoid all sorts of problems.

These rules include the following:

• first receive money when selling an apartment, and then transfer documents;
• it is necessary to familiarize yourself with each line, with each condition of concluded transactions and other documents;
• You cannot transfer money to anyone without documentary evidence of the transfer.

The same caution must be exercised when concluding mediation agreements regarding the sale of an apartment. After all, for the most part, scammers are people who understand the intricacies of the matter at a professional level.

How to complete a deal?

How to conduct a transaction safely? Of course, the seller’s main guarantee is the transaction concluded. It is best for it to be drawn up by the seller’s authorized representative - a professional lawyer, and for the purchase and sale to be handled by a realtor.

But in this matter there are rules that allow you to avoid the main risks:

• the document must be carefully studied;
• under no circumstances should you agree to dubious conditions;
• Additions, strikethroughs, and corrections should not be allowed in the document;
• it is necessary to specifically indicate in what order possible disputes will be resolved.

As a rule, such agreements are concluded in triplicate. One of the copies remains with the seller.

It is necessary to make copies of all documents used and drawn up at the conclusion of the transaction, especially documents proving the identity of the buyer, and save them for the future.

In case of problems, this package of documents will guarantee the seller the legality of his position.

The golden rule of concluding transactions is notarization of the agreement. It is necessary to contact a notary who will certify the agreement, thereby confirming the legality of the legal relationship. In addition, if something is wrong, the notary will definitely notice it and warn the parties about a possible problem. Of course, among this category of officials there are also unscrupulous individuals.

How to sell an apartment safely

When selling, you can entrust everything to the specialists of a real estate agency or sell it yourself. Both the first and second cases have their pros and cons. Let's consider them from the point of view of safety of sale.

Trust the sale to professionals

This option will be the safest from the point of view of both selling and purchasing residential premises. It is enough to choose a reliable real estate agency. Its specialists will help you collect the necessary package of documents for sale and find a buyer for your property. The main thing is that your safety will be ensured. The risk of contacting scammers will be minimal.

Selling an apartment without intermediaries

A significant advantage when selling independently is saving money by not using the services of a real estate agency. Each stage will be controlled by the seller. But here you need to know the basics of legislation. This process is labor-intensive and will take a lot of time. And most importantly - unsafe.

You must be knowledgeable in a number of subtleties when preparing the documents necessary for the sale, when searching for buyers, and when receiving money for an apartment. Therefore, before you decide to take this step, think carefully about whether you can handle all this on your own.

After all, this requires both knowledge and time. If you still decide on the option of selling your apartment yourself, then you will need to:

1. Collect all documentation on your real estate necessary for the transaction.
2. Prepare housing.
3. Find a buyer.
4. Draw up a preliminary purchase and sale agreement.
5. Make payments for housing.
6. Sign the purchase and sale agreement.
7. Transfer housing and receive money for the apartment.

What you need to know when collecting documents for sale

You must prepare yourself for the fact that this process will be long and laborious. But, having the entire package of documents in hand, you can quickly and easily complete a real estate sale transaction. Otherwise, the buyer you find will have to wait until all the documents are collected.

Not every buyer will agree to this. Therefore, you need to take care of the complete set in advance, and legally, each document must be drawn up correctly.

The purity of the legal transaction, the speed of its execution will depend on this, and it may even affect the price of the residential premises.

At this stage, it is advisable to seek help from a lawyer or professionals.

Specialists will collect a complete package of all documents necessary to complete a real estate purchase and sale transaction; nothing will be forgotten, and there will be no need to pause the transaction process to collect forgotten documents. And most importantly, all documentation will be drawn up correctly.

Otherwise, a situation may arise when they may refuse to register a transaction, for example, due to an incorrectly executed document. This, in turn, will lead to an increase in the time it takes to sell your home.

Important when collecting documentation:

• go to the registration authorities and find out exactly all the requirements for documents;
• When receiving documents, it is good to check whether there are any errors and whether everything is filled out;
• in the technical documentation for housing, the data indicated in it must be real;
• documents should not contain corrections and be filled out in legible handwriting;

List of all documentation

It is necessary to collect a package of the following documents:

1. Documents confirming ownership of the property being sold. This may be a certificate of registration of property rights, or there may be another document that confirms the right to real estate.
2. A passport or any other identification documents for everyone who is the owner of the property being sold and is, therefore, a party to the transaction. If minor children live in the apartment, their birth certificate is required.
3. It is necessary to go to the technical inventory office to call a technical worker and subsequently update technical documents. Only after this will they be able to give you an extract from the cadastral passport.
4. If the seller is in a registered marriage, then a marriage certificate is required. If the property is jointly owned, the spouse must give his consent to the sale of the property.
5. In the case where the owner of the property being sold is a minor child, or an incapacitated person, or a person with limited abilities, you must take care in advance and obtain permission from the guardianship and trusteeship authorities.
6. If incapacitated persons, persons with disabilities or minor children are registered in the apartment, then a resolution must be obtained from the guardianship and trusteeship authorities.
7. Provide permission from all owners. To do this, all owners must go to the notary’s office and have this permission notarized.
8. It is necessary to provide information about all persons who have a residence permit in the apartment being sold. All this data is reflected in the extract from the house register. Here you should know that its validity is limited, therefore it is necessary to take it when a buyer for the property is found, all other documents will be collected, before registering the rights of the owner.
9. When selling an apartment, you must provide a certificate stating that all utility bills have been paid. Just like the extract, it is not recommended to take it in advance.

Preparing your home for sale

If you want to quickly and easily sell your home, then take care of this in advance: you need to register all the tenants. Vacant housing is valued higher on the sales market. And of course, to improve, if possible, the presentation of the apartment being sold.

As soon as you sign out everyone registered in the apartment, you need to take the appropriate certificate stating that no one else is registered in the apartment.

Here we should especially say about incapacitated persons, persons with disabilities, and minors registered in the apartment. It is imperative to obtain a resolution from the guardianship and trusteeship authorities for permission to discharge them.

Otherwise, problems may arise and the purchase and sale transaction through the court will be declared invalid.

Search for a buyer

At this stage, it is important to correctly assess your living space. To do this, do some research on the housing market. And only then start looking for a buyer. Advertise that you want to sell your home. For security, do not give your exact address under any circumstances, please indicate your phone number.

If a person is interested in your living space, then arrange a meeting with him to show the property for sale at a time convenient for you and be sure that at this time someone else from your friends or relatives can be present in the apartment.

Under no circumstances let strangers in if you are alone in the apartment. It is not safe.

Preliminary agreement

Therefore, in order to avoid problems, when drawing up an agreement or contract, pay special attention to the correct use of terminology. The difference is that in case of a failed transaction, the buyer receives a full advance. Making a deposit means that if the transaction is rejected, the guilty party is fined: the seller must return double the deposit to the buyer if he is to blame for the failed transaction. If the buyer is at fault, then the entire amount of the deposit remains with the seller.

When drawing up a preliminary agreement, the passport details of the seller and the buyer, the address of the property being sold, the amount of the deposit or advance payment, terms, date are indicated in any form, and all this is signed by both parties.

Calculation

For security reasons, it is recommended to make payments using a safe deposit box, which is beneficial and is a good guarantee of the security of the transaction for both parties.

The seller will receive his money for the home, and the buyer, after giving the money, will become its owner. The essence of the whole operation is simple.

In the presence of a bank employee, the money is placed in the safe deposit box; the seller first counts the money again in a specially designated room. After paying the bank for the service, you can check with them that the money is not counterfeit.

After the buyer becomes the full owner of the home, the seller will receive his money from the safe deposit box.

You can, of course, make a payment when signing a real estate acceptance certificate or when concluding a purchase and sale transaction. However, this will not be a safe way to sell your home.

Signing the contract

• It is safer and more correct to draw up an agreement and notarize it in a notary office.
• At the same time, please pay attention that all the data of both parties is correctly written there and corresponds to their passports, the price, all the data on the residential premises being sold, the terms are agreed upon and how the buyer will transfer the money when the apartment is vacated, it is agreed how the costs of the implementation will be distributed transactions, when and how the transfer and acceptance certificate of the sold real estate will be signed.
• As soon as the contract is signed by the seller and the buyer, it is necessary to register the rights of the new owner.

Transfer of housing and receipt of money

When selling real estate, remember that the most dangerous option is to receive cash.

Or when everything is signed, all the paperwork is completed, but there is no money for housing. In this case, you can give advice: the seller must receive a settlement, and only after that sign the transfer and acceptance certificate and registration of property rights.

Risks when selling an apartment, how a seller can avoid them

Risks when selling an apartment, what risks does the seller have, what does he risk in the purchase and sale agreement of the DCP), settlement of a letter of credit, deposit, mortgage at all stages of the transaction on the secondary real estate market and how to sell real estate without risk.

Let's look at what you should pay attention to when selling real estate, in addition to the price and short sales period, what risks the seller of an apartment bears and how to sell an apartment without risk.
Bookmark the article in your browser, because I will regularly update it with links to articles in which I will analyze in more detail the nuances of each seller’s risk.

The risk of the apartment seller when selling real estate

The owner has a choice - to sell housing on the real estate market on his own, or to trust intermediaries or lawyers.
The decision is ambiguous, because and professionals can make mistakes, and only you can bear financial losses. The safest way to alienate real estate is a purchase and sale transaction!

The most risky places for a seller when selling a home:

• Low assessment of the market value of real estate;
• Popular options for transferring funds (for example, settlements under a letter of credit);
• Transfer of original documents for housing to authorized persons;
• Sales of a mortgaged apartment;
• Showing apartments to buyers and intermediaries;
• Selling real estate in installments;
• Alienation of real estate with the participation of intermediaries;
• Hiring an inexperienced mediator or lawyer;
• At the stage of concluding a deal.

Seller's risks when selling an apartment: list

• At every stage of the conduct, organization and execution of a transaction for the purchase and sale of living space, the seller needs to keep his ear to the ground.
• Estimation of the cost of living space
• The inflated cost of housing threatens a long sales period, so evaluate the price of an apartment based on the price of analogues, the cost of the total area in comparison with the cost per 1 square meter.
• Having two numbers (price by area and per square meter), you will derive an average value that will allow housing not to stagnate in the anals of Internet bulletin boards.
• Transaction stage:

• When drawing up a legally significant document, for example, an apartment purchase and sale agreement increases risks for the seller if drawn up without legal advice (often just a template downloaded from the Internet);
• The conditions under which the transaction is concluded are obviously unfavorable for the owner and were not noticed before signing the contract;
• Fraudulent actions by the buyer, as a result of which the transaction may be invalidated.

Home showings

In addition to potential buyers and realtors, outright thieves drop in on housing demonstrations and will easily deprive you of jewelry and other valuables if they are not in good condition.

Before showing the apartment, remove all valuables away and keep those viewing them within sight. If several people come to the show (and this is often the case), then do not allow them to go to different rooms.

Portrait of a potential buyer:

• Usually asks to familiarize yourself with the technical plan of the home to find out about possible redevelopment;
• Pays attention to the condition of sewer and water pipes, electrical wiring;
• Asks about the basis for acquiring property, the number of owners;
• He is interested in the condition of the balcony (loggia), the view from the windows, the availability of parking, water pressure, neighbors and other household little things that are important for living.

Using the services of realtors and real estate agencies:

1. If you make the wrong choice of the real estate company with which you decide to work, you can not only delay the sale of the apartment and lose the money paid for the services, but also the apartment;
2. Do not give realtors the original documents for the apartment under any pretext;
3. Do not issue a general power of attorney to an intermediary to sell your apartment.

Check the documents of each “realtor” to make sure that he is a real employee of the real estate office.

Using popular methods of transferring money for sold housing:

1. Transferring a receipt confirming receipt by the seller of full payment for the apartment being sold before the actual receipt of funds from the buyer deprives the owner of both the apartment and money;
2. Use of counterfeit banknotes of the Bank of Russia by the purchaser of living space;
3. Error of the bank operator when entering details for transferring funds when settling with the buyer;
4. Non-cash payment method (transfer of funds to the seller is carried out after registration of the transfer of rights).

A safe deposit box eliminates most of the seller’s risks when receiving money for the apartment being sold

Legal risks for an apartment seller

The buyer did not fulfill his obligations under the contract

The seller runs the risk of not receiving money for the apartment being sold after registering the transaction, if he has not registered it as collateral before submitting documents for registration to the MFC. To do this, a separate statement is written to the registrar and is called the right of the mortgagee until full settlement.

Invalidity of the transaction

• If the court recognizes the purchase and sale transaction as not concluded (the essential conditions are not specified in the DCP);
• Recognition of a transaction as invalid if it contradicts the requirements of current legislation.

Claim from the buyer for the purchase of housing of inadequate quality.
The buyer has the right, within 2 years after purchasing the apartment, to file a claim against the seller if he transferred housing that does not comply with the terms of the contract. The possibility of bringing such a claim may or may not be included intentionally when drawing up the purchase and sale agreement.

To avoid most of the grounds for filing a claim, indicate in the DCP the significant deficiencies of the living space. For example, damaged electrical wiring, unauthorized redevelopment, claims of third parties, structural damage to walls and communications, etc.

The buyer does not perform the actions necessary to register the transaction.
For example, he does not complete the transaction within the agreed period, and the seller has already received a certificate of sale, having paid utility bills 10 days in advance. In this case, if the transaction is completed later, then the seller, according to the law, is obliged to pay utility bills himself, regardless of the deadline for the transaction.

Use of original documents by persons participating and not participating in the transaction:

1. When issuing a power of attorney to an intermediary (lawyer, realtor) for the right to use original documents, a mistake may be made, as a result of which the transaction will not take place without the presence of a third party;
2. The buyer who received the original documents may lose them or not return them (usually mortgage holders take documents for the apartment from the bank to approve the collateral);
3. Damage or loss of a package of documents when a bank employee, realtor, lawyer, buyer, or even owner works with them.

Find out if you can give the realtor original documents

Risks when the seller prepares documents

Below we will look at what risks await when selling an apartment for a seller who alienates housing on his own. It is in this case that errors in the preparation of documents (preliminary purchase and sale agreement, written contract, deposit agreement, etc.) are relevant.

The list of documents for completing a purchase and sale transaction is standard, but situations when selling an apartment are unique, therefore the conditions and wording specified in the documents will be different! Based on practice, you can give a lot of examples of errors in documents!

A few examples:

1. Indication of invalid passport data in the contract, receipt and other documents due to the fact that the buyer did not change the passport in time;
2. Writing a receipt for receipt of funds twice (before and after registering the transaction).

Risks when selling real estate yourself

Reasons that increase the risk:

1. Poor knowledge of Russian legislation governing real estate transactions, which prevents prompt recognition of errors and their elimination;
2. Inattention when drawing up documents when completing a purchase and sale transaction;
3. Trust in unprofessionals and outright scammers who specialize in fraudulent schemes for taking over other people’s property;
4. Refusal of the services of professional realtors or lawyers specializing in real estate transactions.

What risks does the apartment seller take?:

• Loss of housing;
• Loss or shortfall of money for the housing being sold.

1. However, you will reduce the risks of selling an apartment yourself by learning the procedure for selling an apartment yourself
2. If you decide to sell your apartment, you cannot avoid risks, but you already know from the article what risks the seller of the apartment bears and where to lay straws in case they arise.
3. Ask questions to lawyers who will answer your question at any stage of the transaction.

“Selling an apartment: seller’s risks”

Selling an apartment, like buying it, is a very important moment that requires special attention. It is believed that during transactions involving the purchase and sale of apartments, the buyer bears the greatest risks. In fact, the seller can suffer just as many negative consequences when selling an apartment by missing some important points.

• What risks might the seller face?
• — The risk of the transaction being recognized as invalid.
• — The risk of the transaction being recognized as not concluded.

— Tax risk. When selling real estate, in accordance with the law, the seller must pay the appropriate tax. During a transaction for the sale of an apartment, often both parties do not mind specifying in the official contract the price of the apartment below the one paid by the buyer.

Thus, the amount of tax that the seller is required to pay to the state is reduced. The actual amount for which the apartment was purchased is indicated in the receipt, which is kept by the buyer.

But it also happens that the buyer issued funds before the conclusion of the contract, while this fact was indicated in the contract, and after signing the contract itself, the buyer also writes a receipt. In this case, the actions of the seller are considered unjust enrichment.

In this case, the buyer has the right to demand through the court the amount that is recorded in the receipt. It will be difficult for the seller to prove otherwise.

About the health benefits of handicrafts

— The risk of non-payment by the buyer for the purchase of an apartment. In accordance with current legislation, the buyer pays a sum of money for the purchased housing after concluding a purchase and sale agreement.

To be on the safe side, it would be best to agree with the buyer to pay the entire amount for the housing before signing the contract for the purchase of housing.

You can receive money in cash, or by bank transfer, but the most optimal would be to receive funds through bank deposit boxes.

— Risk associated with a mortgage transaction. In the case of purchasing an apartment with a mortgage, the bank transfers funds through safe deposit boxes, while the property will be pledged to the bank until the buyer pays off the entire loan amount.

In order to avoid termination of the contract, it is necessary to indicate all significant shortcomings of the apartment being sold. Otherwise, the buyer, through the court, can recover from the seller losses associated with the sale of low-quality housing.

If you are not sure that you can independently minimize all the risks associated with selling real estate, then you should choose a specialist who will help you in this matter. But do not forget that among realtors there are also unscrupulous specialists, so before you ask for help, listen to the reviews of your friends.

Formation of free-growing palmette

Possible risks when selling an apartment

The process of selling an apartment is a procedure based on strict compliance with the Legislation, fraught with a number of difficulties that require care and special knowledge. In order to minimize the risks and problems associated with the sale of real estate, it is recommended to contact specialists.

The seller’s risks when selling an apartment are primarily associated with the following problems:

• ignorance of the Legislation;
• inattention;
• the existence of a large number of well-thought-out fraudulent schemes;
• the desire to resolve all legal issues on their own, ignoring the need for professional help.

Selling real estate: “safety basics”

You don’t need to be a legal expert to know the main rules that will protect the seller from serious problems:

1. Never transfer original documents to third parties without legal grounds.
2. Read all documents you sign carefully.
3. Do not transfer money to third parties, buyers, without documents that record the fact of transfer of the amount of money.

Note! The process of selling real estate begins with searching for potential buyers and cooperation with specialized agencies. You should be careful when signing an agreement for real estate services.

Please note:

• On the personality of the potential buyer;
• The questions he asks;
• On the peculiarities of his behavior.

Important! Make sure that he is interested in buying your apartment, and not the property in it.

How to recognize a buyer:

1. A person interested in purchasing will ask to see the technical plan.
2. A potential buyer will pay attention to the condition of the walls, floor, ceiling, and communications.
3. The buyer will ask questions regarding who the owner of the apartment is and how the current owner obtained the property.
4. The buyer will be interested in the view from the window, neighbors, features of the house's maintenance by public utilities, and the infrastructure of the area.

How to understand that this is a possible scammer:

1. Will pay special attention to things in the premises.
2. Will not ask questions regarding the real estate itself.
3. He will not be interested in important points: documentation, the state of communications.

If there are valuables in the room, before inspecting the apartment, make sure that they are not in a visible place. Do not leave original documents unattended. It is recommended to ask potential buyers to show identification documents.  

How to properly evaluate an apartment

There are two options: expert and personal monitoring. The first option involves turning to real estate specialists for help. The second involves independent monitoring of prices and, based on this, real estate valuation. It is recommended to use both methods to set an adequate price.

Documenting

Most often, fraud occurs at the stage of drawing up contracts for services and purchase and sale agreements. You must read the contract carefully! Proper design also plays a role. Pay special attention to receipts, real estate transfer deeds, and contracts.  

Why problems may arise at this stage:

1. Inattention, lack of professionalism when drawing up a contract.
2. Misprints, typos: a ridiculous but fatal problem. For example, the living area of ​​the premises is 30 sq.m., but the contract, by mistake, indicates 20 or 300. Legally, this is no longer this apartment, so the contract may be considered invalid, and, in turn, the entire transaction too. Carefully check the information specified in the contract!
3. Lack of a clearly defined dispute resolution procedure in the contract.

Note! When contacting a real estate agency, do not leave the original documents with the realtors.

Many realtors call the transfer of documents to the agency one of the conditions of their work. In the event of a conflict situation or termination of the contract, you may not receive the documents back.  

Money transfer stage

Payments are possible by cash or bank transfer. The second method is popular due to its greater security. How to avoid becoming a victim of scammers?

1. Money must be transferred in a safe place, preferably equipped with a special device for checking the authenticity of banknotes (if we are talking about cash payments).
2. The fact of transfer and reception of money must be documented.
3. The transaction must be carried out in the presence of witnesses.

What are the most dangerous risks when selling an apartment? It is worth paying attention to the safety of the original documents. This is the most important point.

Options for purchasing an apartment:

1. Through a mortgage: pay attention to the correctness of the documentation; the mortgage must be issued at the bank.
2. Installment plans can be arranged in three options:
   • Deposit + payment of the balance according to a certain scheme;
   • A mechanism similar to the first one + additional monthly interest;
   • Payments in several stages according to the agreement.

It is necessary to document the periods and amounts of payments.

3. Purchase by assignment of rights: pay attention to the clauses of the contract (amount of additional payment, obligations, consequences of failure to fulfill the contract).
4. By general power of attorney. The main thing is that the power of attorney must be issued to a person who enjoys full confidence, to a professional lawyer or real estate agency.
5. Purchase with maternity capital (permission from guardianship authorities is required).
6. 6On the gift agreement: you should not agree to this agreement if it is offered by buyers, since this is the simplest version of a fraudulent scheme.

Careful preparation of documents and the services of a professional specialist will help to avoid dangers and risks.

How to avoid risks when selling an apartment?

Real estate transactions are fraught with many subtleties and nuances that people who decide to buy or sell an apartment on their own may not be aware of. This puts both home buyers and sellers at great risk. Experts told us why you shouldn’t sell your home yourself and why it’s better to turn to a professional realtor.

Selling an apartment is a complex process that includes several stages: you need to correctly estimate the cost of housing, organize viewings, find a buyer, collect information, and carry out mutual settlements.

It is possible that at some stage the home seller will need the professional help of an agent who will not only orient him in the real estate market, but also help him understand the legal intricacies. Selling an apartment, like any other real estate transaction, carries a number of risks that must be taken into account.

The seller, as well as the buyer, bears many risks associated with the loss of both the apartment itself and the money from its sale.

In order to sell an apartment, a person must constantly monitor the situation on the real estate market and be aware of the latest changes.

Therefore, in this case, contacting a professional realtor will be the best option: a specialist will determine the price of housing as accurately as possible.

At the stage of collecting documents, the seller may also have difficulties.

To complete a transaction, it is necessary to collect a large number of documents, and this poses another risk for the seller, because due to an error in the documents or an expired certificate, you will have to start collecting documents all over again.

You can avoid losing both time and money by contacting a specialist who will competently check all the papers. In addition, the agreement for the sale of an apartment will be checked by professional lawyers for compliance with current legislation, which will reduce possible risks to zero.

When the seller has finally reached an agreement with the potential home buyer, you need to remove the apartment from sale and set a date for the transaction. At this stage, it is advisable to play it safe. While the agreement has been reached only in words, it is quite possible that the buyer may change his mind at any time. Therefore, the seller needs to ask about the amount of the advance payment to confirm the buyer’s intentions.

You also need to agree in advance who will bear the costs associated with collecting the package of documents and drawing up the contract.

Typically, the seller himself pays for the collection of necessary documents for the alienation of the apartment, and the buyer bears the costs associated with the acquisition of the apartment (payment for a safe deposit box, notary services (if necessary), state fees and preparation of a draft purchase and sale agreement). In case of additional expenses, they are borne by the initiator of these expenses.

If the contract and the transfer deed stipulate that the parties made payment before its registration, for example, at the time of signing (this is what is most often indicated in contracts in order to avoid an unnecessary legal conflict - the emergence of a mortgage on the apartment), and subsequently after the completed transaction and registration contract, the seller will also issue a receipt for receipt of money, then there is a double payment for one property: under the agreement and the transfer deed, and according to the receipt. If the buyer requires a receipt from the seller confirming receipt of money (this is possible and often happens in practice), draw up the receipts correctly - this is very important. The law does not allow unjust enrichment, namely, unjust enrichment is the double payment for one property. Such an error allows the buyer (or criminals associated with the buyer) to go to court and demand the return of the overpaid amount indicated in the receipt. However, the funds were transferred only once. But try to prove it when the documents say otherwise.

When receiving money for an apartment, the seller also takes risks. When paying in cash, there is a risk of receiving a smaller amount, there is a possibility of counterfeit bills and the danger of becoming a victim of robbers.

In order to avoid this, it is better to turn to the intermediary of banks: the buyer transfers money to a bank safe deposit box (accordingly, they are counted and checked by bank employees), and the seller receives the keys to the safe deposit box after the transfer of ownership. Thus, the seller's risks are minimized.

The only person who can give the home seller guarantees and protect his interests can be a realtor.

The specialist will explain all the points that are incomprehensible to the seller, will not let him be deceived, will not shift unnecessary responsibility onto him, will take charge of communication with the potential buyer (or his agent), will do everything possible to make the property being sold look attractive in the eyes of the buyer, will agree with the buyer (or his agent) ) option for mutually beneficial transactions and settlements.

Support of transactions by qualified real estate specialists is a guarantee of the purity of the process, complete safety, peace of mind and absence of risks. Compared to possible losses, the costs of supporting real estate transactions are very small. The cost of this service in our agency is 15 thousand rubles.

Risk is a noble cause, but not when selling an apartment or: everything a Seller should know when selling his property

   It is believed that in a purchase and sale transaction on the secondary market, only the buyers are at risk.

But few people think about apartment sellers and how they can be deprived of money or property.

Let's look at the most common problems that real estate sellers can expect - all of them have been encountered either in my practice or in the practice of my colleagues. They can be avoided by following simple rules.

   Don't trust words, don't expect payment after the transaction. 

   If payment is made after registering the purchase and sale agreement, and this is precisely what the law requires in order to avoid the creation of a lien on the apartment, the seller risks not receiving funds.

Practice knows a huge number of examples when money does not reach sellers of residential real estate, including: in the absence of money from the buyer, embezzlement or loss of funds during the paperwork process, in the case of banal greed of the buyer or a change in circumstances when the latter changed his mind about owning the purchased property. apartment or pay for it.

   It will take many years for the seller to get his property back if the buyer evades payment, and then only if he is lucky. If the seller meets a professional group of scammers along the way, then the chances of returning the sold apartment or the money for it will be close to zero.

   My advice as a lawyer is to make payments through safe deposit boxes, this method is a guarantee for both parties to the contract.

   In 2011 and the first half of 2012 alone, almost 50 civil cases were considered in the Moscow region regarding forced payment or termination of contracts when the buyer, upon receiving housing, refused to pay for it.

   Don't write too much on your payment documents.

   Many sellers do not pay due attention to the document recording the transfer of money, in particular: the receipt, the transfer deed and the conditions in the purchase and sale agreement confirming the mutual settlement between the parties. It is believed that only buyers should care about this. But in vain.

   If the agreement and the transfer deed stipulate that the parties made payment before its registration, for example, at the time of signing (this is what is most often indicated in agreements in order to avoid an unnecessary legal conflict - the emergence of a mortgage on the apartment), and subsequently after the completed transaction and registration of the contract, the seller will also issue a receipt for receipt of money, then there is a double payment for one property: under the contract and the transfer deed - once; according to the receipt - two. If the buyer requires you to provide a receipt confirming that you have received money from him (this is possible and often happens in practice), draw up the receipts correctly - this is very important.

   Such an error allows the buyer (or criminals associated with the buyer) to go to court and demand the return of the overpaid amount indicated in the receipt. Please note that the funds were transferred only once. But try to prove it when the documents say otherwise.

   The practice of civil proceedings knows several hundred such disputes.

   Don't trust those who promise to sell your apartment at a higher price than the market price.

  A common mistake sellers make is that they tend to turn not to professional agencies and reputable realtors, but to those who promise to sell their home for a high price. Apartment owners who do not have experience and knowledge in the field of real estate mistakenly believe that it is better where they promise the highest price for their property.

•    However, promising more than the market price of an apartment means deceiving clients even before the start of cooperation.
•    By attracting real estate sellers to real estate companies through unfounded promises and assurances, agencies, as a rule, try to obtain original documents for the apartment from the client.
•    More than once I have been asked for help by clients to whom realtors did not return the original title documents, obligated them, persuaded them to sell their home even when the owners changed their minds about making the deal (large real estate companies often sin with this).
•    Beware of thieves and robbers when showing an apartment

   When viewing a home, some “buyers” are not interested in the premises themselves, but rather in their contents. Be wary if a potential buyer pays attention not to the view from the window, the condition of the apartment, title documents, but to the things located in the rooms.

   Before showing the premises, it is necessary to remove all valuables and documents in a safe place in order to reduce the risks of possible theft or robbery.

Do not allow the contract to be terminated, indicate significant shortcomings of the residential premises.

   The seller should inform buyers about the apartment’s shortcomings, and the significant ones should be written down in the purchase and sale agreement. This will make it possible in the future to avoid lawsuits for the recovery of losses caused by the sale of low-quality housing, or termination of the contract due to the presence of significant defects in the premises.

   Such shortcomings may be: unauthorized redevelopment, non-functional electrical wiring, serious violations in the structural components of the residential premises after renovation, the presence of legal and other claims from third parties, etc.

1.    Over two years (2010–2011) in Moscow and the Moscow region, several dozen lawsuits were filed in courts of general jurisdiction on such grounds.
2.    Remember to be careful in general.
3.    Selling real estate for the right price, with proper registration and a guarantee of receiving funds is not the easiest or safest procedure.

   However, few sellers think about this. And this is good ground for deception, both for professional scammers and dishonest “buyers”. Be aware of the risks described and let this help you protect your property.

   Based on materials from the site IRN.RU. Lawyer Oleg Sukhov.