How to check the apartment for legal clarity before buying it on its own, through the Internet trench, which documents should be checked by the seller when buying the apartment.

Sales is a common transaction that allows for the sale and purchase of property for a certain price, and often the subject of a contract is real estate.

When concluding a contract, there is a need for special vigilance because it is possible to attack fraudsters, so it is very important to know how to check the apartment before buying.

We'll talk about it in more detail today, and you'll be able to check your own apartment for legal clarity.

Self-employed or with a lawyer: pros and cons of choice

When a question arises about checking an apartment before buying, buyers think about how best to do it, either on their own or through a lawyer, and how much is it worth to accompany the sale of an apartment? Of course, the best option would be to engage a specialist, but only an experienced one.

He's got a lot of money in law, he's got a lot of deals, and he's gonna suspect if the deal's gonna be a fraud, but he's gonna have to pay for an apartment check before he buys it through a lawyer, which is a negative for a lot of buyers.

It is also possible to carry out the test on its own, but before doing so it is necessary to prepare carefully, to study the law, but there is no need to spend extra money on legal services, which attracts most buyers.

However, to be completely safe from unfair vendors and to be sure that the apartment is clean is not self-sufficient for everyone, so it is better to pay a lawyer and sleep in peace.

How much does it cost to accompany the sale of an apartment? The cost of a legal check varies depending on the firm or private person, as well as the region where the lawyer is located. For example, in Moscow, the full escort costs approximately 50,000 rubles.

What documents should be checked before buying the apartment?

Before signing a contract for the sale of an immovable object, it is worth asking the owner for a certain list of documents. If the seller has nothing to hide, he will not object to it.

The list of what needs to be checked from the documents is as follows:

• Certificate confirming the seller ' s ownership of the transaction.
• This may be a gift agreement, a will, a certificate of privatization, etc.
• Exit from the EGRN, which makes it possible to find out about all the movements of the real estate.
• The information from the home book indicates whether there are prescribed persons in the apartment.
• Document confirming the seller ' s lack of debts to the public service.
• A medical certificate certifying the capacity of the owner of the dwelling is issued to the drug-psycho-neurological clinic.

Of these papers, the most important is the extract from the EGRN, which makes it possible to make sure that the seller is indeed the full owner of the dwelling; this document is issued in two forms: simple and extended.

In the first version, only personal information on the owner of the dwelling is given, and in the second, the entire history of the property, starting with its first registration in Rosreestre, can be found in all the previous owners of the dwelling.

How a buyer can check his own apartment

It's easy enough to check the documents when buying the apartment.

Vendor ' s passports

When drafting a sales contract, a passport must be requested from the second party and the details recorded in the agreement carefully checked with the original; if the identity document is changed, the previous information must be written at the very end.

If possible, a copy of the seller ' s passport should be made before signing the contract and sent to the migration authority to verify the authenticity of the document, which would make it possible to be sure of the validity of the passport.

Property rights

If the other party is the owner of the dwelling to be purchased, the certificate of registration of ownership will help. It needs to be carefully examined for forgery. This document is necessarily made on stamp paper, has its number, has no defects: corrections, typing, cleaning.

If there are doubts as to the validity of the certificate, you can contact the Rostreestra authority to verify the authenticity of the certificate.

Arrest and encumbrance

Burglary is a restriction on the property rights of the owner of the real estate, and it is unlikely that anyone will want to buy an apartment knowing that they will not be able to dispose of it fully, and is considered to be housing under arrest, on bail or rented to other persons.

When buying a dwelling, the burden can only be verified by an extract from the EGRN, which requires a visit by the Rosreestra authority or the Multifunctional Centre.

Cadastral passport

A cadastral passport is required when a sale is made; therefore, the seller must provide it; if a document is received, it must be checked against what is written in the agreement.

If remodeled and passport records are not available, the second party should be asked to rewrite it; more details on what the cadastral passport is and why you need to read it in a special post.

Consent of the spouse

If the apartment sold is the joint property of the married couple, it can only be sold if the husband/wife consents to the transaction; it should therefore be checked whether the seller is in a marital relationship and whether he/she is the full owner of the dwelling.

Proscribed persons

If there are people in the dwelling who have a residence permit, they are entitled to live there.

The absence of tenants does not mean that no one is prescribed in the dwelling; some categories of citizens may suddenly appear and declare their intention to live at the propiska address.

These include the following persons:

1. Convicted persons serving a sentence of deprivation of liberty.
2. Patients undergoing treatment at a psychoneurology clinic.
3. Armed forces on call.
4. Minors living in educational institutions.
5. People living in nursing homes.

The names of the persons required must be included in the sales agreement.

Communal debt

In order to verify that there is no debt to the housing and communal services, the owner should be requested to provide a certificate from the WEC certifying this fact.

Attention, when the seller presents the document, attention must be paid to the date, the payment of the communes must be paid until the last month, otherwise the debts will be transferred to the new owner.

Risks on inherited apartment

If the residence was inherited by the seller, that is, the risk of having other heirs, this can be verified through the notary office in which the inheritance was conducted.

The notary will provide a certificate confirming the absence of other persons entitled to inheritance, but the lawyer will issue the document only in the presence of the seller.

Risks of transactions with minors

If a child under the age of 18 is prescribed in a sold apartment, it will not be possible to sell it without the permission of the guardianship and guardianship authority; it is therefore important to check whether the other party has minor children; if so, to request the written approval of the public authority; otherwise, the Rosreestra authority will not accept the application for registration of ownership.

Read more about how to buy or sell an apartment with minors in a special post.

Checking seller ' s adequacy

Civil law provides that transactions may be performed if the person ' s full legal capacity is mandatory; in the event of limitation or lack of legal capacity, certain conditions must be met for the contract to be considered legal.

Therefore, it is necessary to verify whether the seller is in a position to take full control of its actions and to request the other party to provide a certificate from the psychoneurological clinic on the state of health.

This certificate is usually required if one of the owners is a deeply elderly person.

How to check Rosreister's apartment online: a step-by-step instruction

The following actions must be carried out in order to quickly check the real estate on the Internet:

1. Enter the official website of the Rosreest Authority, spin down a little bit and click on the inscription "Online Real Estate Reference Information".
2. Check the box on the open page, selecting the option for which information is needed. Searches are conducted using the cadastral or reference number, the apartment address or the right number. Press the "form a request" button.

Information on real estate will be available immediately thereafter.

OPS-5 types of second-market apartment fraud

Most of the apartments are purchased on the secondary market. If there is a certain guarantee of the builder's integrity when buying new buildings, the secondary market does not know who to contact, and now often buyers fall into the hands of fraudsters, buying a lot of problems with real estate.

There are the following types of fraud in the sale of an apartment: lawyers say they need to know to avoid getting caught.

Sale on lipid passport

The scheme in this case is as follows: the offenders rent the dwelling by selecting the owner who lives in another settlement or who is in a long-term departure, and when the lease agreement is issued, they ask the owner to give them a passport to remove the copy.

Then they put a photo of one of the perpetrators on top of him, make a copy and return the passport to the owner. Subsequently, the fraudsters, using a photocopy, receive duplicates of the right-making documents and start selling them. Once the money is received, the salesmen disappear without trace.

As a result of this scheme, a citizen who has decided to buy an apartment will be left without it and without money; and even if a transaction is declared null and void, there will be no one to collect the lost money; and the owner of the property will not be harmed, and his property will be returned.

Sale of an apartment purchased from a person who does not report his or her actions

Fraudsters often choose the victim from single pensioners, citizens suffering from mental disorders, drug users or alcohol-dependent persons, who usually enter into a sale contract with a minimum price or enter into an agreement for the giving of real estate.

If the seller buys an apartment recently and sells it.

Concealment of persons entitled to inheritance

The acquisition of an immovable object that passed to the seller through inheritance is the most risky transaction, and the perpetrators are able to force a citizen to write a will with only their names on certain property.

In the meantime, the relatives dispute the transaction in court and return their property to themselves, leaving the buyer homeless and without money.

Sale of real estate by false power of attorney

It's a huge risk to agree to a proxy sale, because fraudsters have the ability to forge a document or use a power of attorney that has been withdrawn by the owner of the real estate. The result of this scheme is common: violators get money, the buyer has no apartment and no funds.

Collection of advance

An advance transfer is a guarantee that the buyer will acquire real estate precisely, but not in the case of fraudsters, as follows: the offender shows the buyer ' s residence, after which a preliminary sales agreement is concluded, the advance is transferred.

Once the money is received, the false owner disappears along with the money.

So you have to check the apartment before you buy it. There's a great risk of being left without money and without housing. If you don't know if the self-checking has been successful, you should go to an experienced lawyer.

Read more about how to buy an apartment without a realtor.

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How to check your own apartment for legal purity - step-by-step instruction

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Buying an apartment today isn't just signing a few papers and paying, it's also a big risk of losing everything by getting into the hands of fraudsters.

That is why it is strongly recommended to seek assistance only from audited agencies, where the possibility of being deceived is excluded a priori.

If, on your own, you are going to make a sale of an apartment or any other real estate, we offer you a detailed instruction on how to test the facility for legal purity and to protect yourself from unfair vendors.

Get an extract from the EGRN.

As soon as you have chosen an apartment suitable for you, do not rush into a contract; first of all, it is necessary to examine it and get to know the owners of the dwelling; it happens that the seller is represented at the meeting by the owner of the dwelling, but in fact he is the tenant, and the legal owners have long lived abroad and are only paid for the dwelling.

This is a fairly common scheme of fraud that targets trusted citizens, and in theory this apartment has been sold several times, and in fact the owner of Ivan Ivan has remained.

In order to find out what the circumstances are and to make sure that you do deal with the rightful owner, after examining the apartment, order a full discharge from the EGRN on the dwelling.

An extract from the EGRN can be ordered at https://rosreest.net.

To what should we note in the statement:

Existence of charges and arrests

Check the dwelling for the presence of the encumbrances; those who do not know that the dwelling is in possession of a pledge, mortgage, seizure or litigation may not be able to provide data; in the EGRN extract, section No. 2 indicates who is the current owner, and also indicates the charges, restrictions and arrests if they are present.

A transaction with the owner of the property only

Make a deal only with the owner, the power of attorney can be fake.

The danger is that the power of attorney may not only be "lip," the notary will collude, and the owner may not even know that his estate is being sold.

If, however, you have decided to enter into a contract with the owner ' s representative, check the authenticity credentials at http://reestr-dover.ru/.

Validity of documents

It is also important to verify the authenticity of documents.

This can be done on their own: sometimes people literally attribute incorrect data or claim that an error has been made that they have corrected.

Remember that all such stamps must be certified by a notary, while sales contracts before 2013 and other contracts are registered in Rosreister.

Audit of real property transport

The object's tehpasport is the same document that clearly describes the plan of the apartment. It needs to be compared to the actual condition of the dwelling. If it's different, it's unclean. Note that there's a remodeling, and if it's legal.

All the data from the transport manifest must also be compared to the discharge from the EGRN. This area must be the same as the number of rooms. If differences are found, the seller must correct them. Otherwise, it will be you who will have to legalize the alterations.

By the way, you're gonna have to pay the fine, too.

Problems with the owners of the dwelling

What problems you may face and how to avoid them.

• Juvenile ownersIf the flat you like is legally owned by a child or a teenager, the consent of the guardianship authorities is required for the transaction to take place; without confirmation, the apartment you bought will return safely to your owner in the future.
• Incompetent ownersIf a person ' s legal capacity is questioned, in the future the relatives can easily subpoena the property, and the elderly, people with disabilities, are brought in, and the seller must be required to submit a certificate from the PND, as well as permission from the guardianship authorities.
• Missing OwnersIf the real owner of the apartment is far away, the purchase of the apartment without his permission is not lawful.

Consent of the spouse for sale

The issue could be dealt with in different ways: in large part, there was no need for a formal sale permit from the spouse, but the situation was completely unpredictable.

The first thing to do is clarify whether the seller is married; if so, ask the entire family to be present at the transaction, at a meeting to discuss the terms and conditions.

If this is not possible for any reason, request a written authorization from the notary.

If the owner is divorced, it is necessary to verify the existence of property claims as well as the court ' s decision on the division of property.

Debts

This is a very important point: the seller is obliged to provide you with all the receipts that confirm the absence of public utility debts and property tax, although you can justify yourself in the future and pay for it all, but time will have to be spent on paperwork.

Buying an apartment from a developer

Verification of the reliability of developers

The above instruction will be appropriate for anyone who plans to purchase a secondary dwelling or who already owns it, but in the case of new structures, there are also underwater stones, not less.

There are hundreds of cases in Russia where developers fail to perform their duties, collecting money from people and selling non-existent apartments to them.

To avoid this kind of loss, you need to be on a check, and before you make a deal with one of the companies, check it clean.

Authorization documentation

First of all, you should be interested in the permit documents that allow the developer to build the building at a certain location, which you can get from the company's office.

Transparent developers post such documents on their official website.

By the way, a good-faith developer must have a full-fledged website that tells us about the company's activities, as well as a portfolio of already finished facilities.

The permit documents include the project declaration and the construction permit itself issued by the public authorities, and may include technical conditions for future communications, which are further proof of the "transparency" of the company you have chosen.

Unknown names

Although today the creation of a new GCO for a given project is quite common among developers, you should keep your check, and make sure to specify where the company's name is registered.

If you're abroad, make sure all your money goes to offshore accounts, and whether or not your apartment is built is not known, so when you go to the company's office to make a deal, first of all read the contract.

If you see names you don't know, beware.

List of companies

You can also check your selected developer via the Internet. The official list of reliable companies is publicly available. All of them work within the framework of the Federal Act of 30 December 2004.

No. 214-FZ "On participation in the construction of multi-family houses and other real estates and on the amendment of certain legislative acts of the Russian Federation", but there is one point: the developer can operate at different addresses, but in one place he will do everything according to the law and in another he will not.

So your job here is to check not only the company on the list of reliable developers, but also the address of the building house.

Status of the site and authorized uses

We need to check the status of the precinct on which your future home is being built.

Also check the type of authorized use, in the EGRN extract, section 1 indicates the type of authorized use if the construction is built on a land that is permitted only for agricultural activities, the developer may have problems and the construction may be delayed. It is also mandatory to check the land area for encumbrances, bonds and arrests. All this information is contained in the EGRN extract, in section 2.

Construction progress

A reliable company gives free access to the construction of the facility, so you don't have to go to the construction site to see if it's going to happen.

The developer himself informs his customers by posting photographs of the construction phases on his official website.

This is very convenient and clearly worthy of the trust of future owners.

It's likely that there's a group of crooks who want to collect initial contributions from the economy and then just disappear.

In order to clarify the estimated cost of an apartment in the new construction area, you can simply look at proposals for the sale of houses that have already been built. If prices are relatively similar, you can consider a purchase option.

Full verification of real estate through Internet services

In order not to be left without money and property, the buyer of an apartment should always remain vigilant and not lose sight of even the smallest things.

If you cannot count on your own power in this matter, it is better to contact the website https://rosreest.net/perverit-kvartiru. The service offers the possibility of a full verification of real property, including all the discharges from the EGRN, the FSPS database of Russia for arrest, the FNP for bail, the existence of real estate cases, the analysis of the discharge, the existence of housing charges, the participation in disputes and the existence of claims, and the verification of the owner from the Ministry of Internal Affairs database and for court debts and taxes. A full check has been made specifically to combat frauds in the real estate market.

Check your apartment when you buy it.

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Checking the apartment

An online legal clean-up service has been set up to ensure security in the real estate market, and a full check is carried out on EGRN statements, a request for information on the owner, FIN bases, a check on the presence of charges, an arrest, and a security deposit.

• Standard Search
• or
• Address search (expanded)

Is there a problem with the search?

Send a request to a specialist

Subject:

- Select the entity - Altai region of the Armaur region of the Arkhangel region of the Astrahan region of the Belgrade region of the Vladimir region of the Volgograd region of the Vlogoda region of the Voronezh region of the Jewish region of A.obl.

The Krasnodar Krasnoyarsk region of the Krasnoyarsk region of the Krasnoyarsk region of the Kurban-Balkar region of the Kaliningrad region of the Kaluzh region of the Kamchatsk region of the Karašaevo-Cherkes region of the Komerov region of the Kostorsk region of the Kostrom region of the Krasnodar region of the Krasnoyarsk region of the Krasnoyarsk region of the Kurnoyarsk region of Kurgnoyarsk region of the Kurgny region of the Kurnoyarsk region of the Krasnoyarsk region of the Krasnoyarsk region of the Krasnoyarsk region of the Krasnoyarsk region of the Krskny region of Kurskágaya region of the Magachatskaya region of the Magadansk region of the Magadansk region of the Moscow region of the Moscow region of the Nenetszhegorod region of the Novorod region of the Negoszizhegorod region of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Montenegro of the Mordov Republic of the Republic of Yugoslavia (Yaku) the Republic of the Republic of the Republic of the Republic of the Republic of the North Oshansk-Okord-Okorsk-Takty-Takty

Area:

—

Population:............................................................

—

Street type:

- Entrance of the railway terminal (overtaking) Zazarma Quartal Kilometer

In order to check the dwelling, it is necessary to indicate its cadastral number or address in the form of a search above. A search of the dwelling is required when buying the dwelling and preventing fraudulent transactions in real estate. The Service provides official information at the time of its request from the EGRN, FSP, FNP, FNS.

An application for an official release of Rosreestra from the Single State Real Estate Register (EGN) is made in accordance with Order No. 968 of 23 December 2015 of the Ministry of Economic Development of Russia. This service provides a service for the processing of an application for an official discharge from the EGRN and for the legal verification of real property.

If you choose to check the dwelling yourself, you can do so by following instructions. The check of the apartment consists of checking the owner ' s documents, object and data on official databases. First, check the owner ' s IPO with the inventory data so that the seller has the right to sell. If you have the real owner of the dwelling, make sure that there is no seizure or other form of encumbrance on the apartment, order an extract from the ERG, read it carefully and study the document. Third step is to check whether the dwelling is on bail, check it on the FNP base, and also check the FSP ' s service and check the home on the register of executive proceedings and the owner for open court cases. It is recommended to check the owner ' s register of suspected crime suspects.

The verification procedure is a very important step, as more than 14,000 cases of real estate fraud have been recorded in 2017; make sure to check the apartment yourself or order a full check on the service.

How do you check the apartment online when you buy it?

The purchase of an apartment is a responsible stage in every person's life, so it's important to take a very careful look at the process of checking the space you're interested in before you buy it, so you don't have to hire a professional lawyer to do this, and you can do the whole test on your own.

In this article, we will talk about how to check the apartment before buying in the secondary market and what aspects are worth focusing on:

Legal instruments

When you've already chosen a certain option and you're going to buy this apartment, it's important to check how the seller has acquired ownership status.

• Sales contract;
• A certificate of inheritance;
• The contract of mena, rent or gift;
• A legal document in the form of a court decision.

All documents must be read and checked very carefully, and it must be verified that they do not contain any corrections, modifications or other signs of falsification; such documents are subject to adjustments only when all the persons who participated in the drafting of the treaty have signed them.

The sales contract (CPD) sets out the mandatory obligations of the parties whose breach results in its termination.

You have to find out if this condition has been met, otherwise you can buy an apartment from someone who doesn't own it legally.

Checking an apartment in Rosreister online

Since 31 January 1998, detailed information on all housing units in the territory of the Russian Federation has been recorded in the Single State Real Estate Register (EGN), as follows:

• Change of ownership of the dwelling;
• Registration of contracts relating to real property;
• Data on the encumbrance;
• Information on registered citizens;
• The cadastral number and the cadastral value of the dwelling.

There are cases where the owner of the apartment has changed quite often and no one has lived in it for a long time. Most of the transactions that have taken place in this property are likely not to be legal, and you risk becoming the next victim of fraud. Accordingly, the option of buying such an apartment should not be considered.

How to check your apartment on your own before you buy it: what kind of documents, legal purity?

Buying an apartment is a serious step that requires legal fixation in making a deal, and it's very important to check the apartment before buying it, especially if you choose not to ask for real estate help.

We're checking out the real estate owner.

The first thing you have to do is order an discharge through the burglar. It will show the main features and registered rights to the apartment. It will also require an "expanded" release, EGRP-4, on the transfer of ownership to the real estate property.

You can get these two documents on the Internet, through the IFC, in any section of the cadastre or Rosreestra. If you have a private office on the public service website, you can order a 100-letter package for only 400 rubles, which means 1 discharge is worth 4 rubles.

To find out who owns real estate, it's with him that the buyer will make a deal. If it turns out that there are a few owners, you'll have to check everyone.

Instructions on how to check each owner:

• The validity of the passport is done online on the website of the Ministry of Internal Affairs of the Russian Federation.
• Capacity: It is sufficient to ask the seller to provide a driving licence, a certificate from the PND, or an extract from Rosreestre to declare that he is incapable.
• Bankruptcy status: arbitration files or the Single Federal Bankruptcy Registry.
• To find out at the FSPS Data Bank.
• Terrorists and extremists, check on Rosfinmontoring's website.

Next, we move on to the verification of rights and the availability of any burdens.

Rights and encumbrances

Among the withdrawals received from the EGRP, it is necessary to find the documents on the basis of which the right (contracts) was registered and to verify their duration; most of the attention needs to be paid to apartments that have passed through the inheritance, as well as to privatized square metres.

An equally important section of the statement is encumbrances and restrictions. These are usually mortgages, arrests and prohibitions on registration. In order to sell fixed properties, it is necessary to obtain the consent of the Bank or other collateral organization. In order not to waste time, require the seller to withdraw all arrests and prohibitions.

We're checking out the apartment before we buy it for legal clarity.

If there are no unpleasant surprises after the transaction is processed and the money is transferred, we need to check:

• Residential or non-residential premises: If the dwelling is uninhabited, it cannot be registered in the apartment and the fees for public utilities are higher in order; it should also be asked in advance at the Bank whether a mortgage can be granted if you plan to borrow from the non-residential premises in the future.
• Whether the apartment is an address for the mass registration of natural and/or legal persons, use the website of the Federal Tax Service. If it turns out that there are 1, 2 or more persons registered in the apartment, require the owner of the property to re-register them at a different address. Of course, it is possible to include the relevant item in the contract, but it is better to deal with the matter immediately. Otherwise, it will have to be decided through the tax inspectorate and the court.
• Unharmonized alterations. This requires a return to the BTI and a comparison of the apartment. Illegal alterations will have to be agreed upon or for their own expense, in accordance with the technical passport, but if I ate the apartment so much that I'm willing to pay all the extra expenses, you dare ask the seller for a discount, it's bound to make concessions.
• Whether there is a debt for housing and utilities; you can ask for utility receipts over the past few months; you need to check the information with the TCA or the management company; it is important to know that the debts for utilities do not pass over to the new owner; you need to pay particular attention to the major maintenance contributions; you need not exclude the claims of the employees of the management company; you need to know that the debt for the repairs is shifting to the new owner.
• If the apartment is the subject of a legal dispute, use the website of the City Court or District Court, enter the owner ' s name and address of the apartment, start looking for court cases.

From the last point, i.e. court decisions, it is possible to learn about the arrears of contributions for major repairs and utilities, the settlement and eviction of tenants, the division of the apartment, etc.

We're checking out the seller's representatives.

Often, the seller ' s interests are represented by close relatives or real estate agents with a notary power of attorney in the name of the representative; you can check the validity of the document on the website of the notary chamber of the Russian Federation by entering relevant details.

Mandatoryly see the duration of the power of attorney and the powers of the representative: the right to sign the contract of sale, to register in Rosreister, to receive money, etc.

Children Owners

If the owner of a minor (under 14 years of age) makes the transaction, the guardian or the parents make the transaction; if the child is 14-18 years of age, he may sign the documents, but with the written permission of the legal representative; the parent must not forget to require the birth certificate of the child and the identity document.

Limited and incapable owners

In this case, all matters relating to the transaction shall be decided by the guardian; limited owners may only enter into small domestic transactions, more serious transactions with the consent of the trustee; the trustee and the guardian must verify the validity of the passport and the documents on the basis of which the guardianship or guardianship has been established.

Persons who may complicate the situation

When buying an apartment, note the stamp on the property owner ' s passport: registration and dissolution of marriage; if the marriage has been dissolved for less than three years, specify the moment of division of property between the spouses.

In the absence of an agreement from a notary or a court decision on the division of property, then obtain consent to the transaction from the seller ' s former spouse in the notary chamber.

The same permit must be obtained from the current spouse if the apartment is jointly owned but is granted to one person.

Unexploited tenants

You can find out from the home statement who has a temporary/permanent registration in the apartment, so that these citizens will not have to be discharged by the court after the conclusion of the contract and the transfer of the money, you must check all the documents before buying the property, especially if the transaction is done on your own.

Lawyers don't recommend buying objects that were inherited and owned less than three years ago.

Participants in the privatization of the apartment

To find out who took part in the privatization and eventually became the owner of the apartment; if some tenants refused to participate in the process, they were legally entitled to use the real property; they could not be discharged, even if they applied to court.

Employers, tenants

You can go to the rental notice website, and most likely the apartment you're buying is rented, and now the tenants are living there, and the owner is not talking about it, and if that's the case, ask for the termination of the employment contract before the transaction is concluded.

Audited sources of information

You want to know everything at once?

• The Internet, sometimes using social media, can find unexpected details about the apartment and the owner.
• The chairman of the TSW and the management company, they're gonna tell you in detail about the debts on utilities and the contributions to the cap-repair.
• Neighbors, who don't know how the heirs were judged, who lived in the apartment, how many owners, etc.

By going through these sources, information about the owner and the state of the dwelling will be more than sufficient.

In what cases would it be better to give up the deal?

Buying an apartment is a very difficult moment, a simple person just gets caught up in fraudulent tricks that become more sophisticated every day.

Refuse a transaction if:

• The seller does not want to enter into a contract for the sale of a standard sample and offers some incomprehensible schemes.
• The identity of the owner is questionable.
• The seller refuses to state in the contract the full amount per dwelling. Sometimes they do so in order to obtain a tax deduction. But in any case, you have to take a receipt which must include the amount paid for the purchase of the dwelling and that the owner has no claim. At the end, there must be a signature from both parties and a date.
• The seller's obstructing contact with the owner, for example, saying that he lives in a village where there's no Internet or cell phone connection, maybe this job is a black realtor who wants to sell someone else's apartment under a questionable scheme.
• In a short period of time, the apartment has been replaced by several owners, which is what they do to cover up the tracks of the apartment they bought fraudulently.

If all the information is not clear, it is better to ask for legal advice, especially since their services are also available on the Internet free of charge.

How do you check the apartment clean before you buy it?

fizkes/Depositphotos

The managing partner of the Mestrium Group, Maria Litenetska, answers:

In order to be as secure as possible when buying real estate, it is worth asking the seller:

• A certificate of State registration of law and other documents establishing law (contract of sale or inheritance, gift, privatization, etc.);
• An extract from the EGRP;
• An extract from the home book on the absence of registered tenants, which can be obtained from any IFC, confirms that all persons who have previously lived in the apartment have been removed from the register;
• A certificate of debt from the IFC on the existence of debts on utility payments;
• a certificate from a drug and psychoneurology clinic.

By way of an extract from the EGRP, the buyer can find out whether the seller is in fact the owner of the apartment, and both a "simple" statement and an expanded version can be ordered.

In the second case, in addition to the family name, first name and patronymic, information is provided on the legal identification documents or the "history" of the apartment from the moment it was first recorded in a single State register.

To put it mildly, this document will make it possible to understand who owned the apartment earlier, how often it was sold.

When checking an apartment, you should not limit yourself to a discharge from the EGRP. It is necessary to pay attention to the following points: often the dwelling is sold by trust and the owner has little or no involvement in the transaction.

Such facilities can be classified as a risk category, since very often such powers are obtained fraudulently, in which case the buyer may reinsurance by taking the direct owner of the property from the trustee and then contact him to confirm the sale of the dwelling.

Or, for example, the apartment is placed for sale immediately after the inheritance; in this case, it is better to be careful, because it is possible that there will be new heirs who, under the law, have the right to challenge the sale and sale of inherited property within three years.

In addition, there may be unexplained tenants in the apartment, or several persons own the dwelling, and the EGRP extract should pay particular attention to the row "Care" which indicates whether the dwelling is on bail.

In some cases, defaults on mortgages amount to a negligible amount, and then the seller can pay the debts from the buyer ' s deposit, which will allow both parties to settle the transaction in peace.

Unfortunately, even if you've tested the legal cleanness of all the rules, there's always a chance that you'll lose your property, for example, if a citizen can prove that his rights have been violated in the course of selling the apartment, now yours, and you may not have to deal with the seller, but with the owner who owns the apartment before him.

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Says Igor Kalganov, founder and CEO of 33 Slon:

It is easy to check an apartment on its own before it is purchased, and it is necessary to obtain, with the help of the current owner of the dwelling, basic documents confirming that there are no legal or other risks in the acquisition of real property (the owner personally receives documents or trusts the representative).

List of documents required to verify real estate:

• Technical, cadastral passport, floor plan, real estate exposure (lets check the exact area of the dwelling as well as the existence of non-harmonized alterations);
• Exposition from EGRP to real estate (to check that there are no encumbrances);
• An extract from the EGRP on the transfer of property rights (to track the entire chain of owners of the dwelling);
• An extract from the home book (received information on persons registered in the apartment to date);
• A certificate from the passport table on Form 9 (expanded, archival) to obtain information on all persons registered in the apartment, as well as on the absence of persons temporarily discharged;
• A copy of the personal and financial account, a certificate from all public and domestic services indicating that there is no debt for public services.

Documents under item 1-3 may be obtained from the Single Public Services Centre. 4 and 5 should be addressed to public service centres, passport tables or a management company at the place where the real estate is located.

Says the lawyer of the real estate agency agency Agency.net, Igor Polish:

To protect yourself without the involvement of a lawyer is only a partial task if an object with a good history and a counterparty does not have the task of misleading the other side, but to check the main points and understand in time that the object is not worth buying, can everyone.

The current market trends are such that most vendors do not want to show the dwelling documents until they receive advance payment for the future transaction, but the exact address of the apartment cannot be hidden, and it is sufficient to remember the apartment number when looking at the object. The rest of the data is available in the ad.

Any person can order an extract from the EGRP through the IFC or the Rosreest authorities at the apartment address. This extract contains most of the data needed for the initial inspection of the facility.

After making an advance, you will receive all the necessary documents for a more in-depth inspection of the dwelling to be purchased, and you will see from the home book and from the personal account all the residents registered in the apartment and whether there are debts on the site for utility payments.

If you have data on the owner, you are also entitled to verify that there are legal disputes and enforcement proceedings with respect to the real property or the owner himself; this is done through public information resources.

If after all the tests nothing suspicious has been found and the history of the object contains questionable law crossings, 99 per cent of the cases can be purchased.

When selling an apartment, the owner, in the vast majority of cases, knows the history of his real estate and how clean it is, and the stumbling block is the settlement between the parties to the transaction.

There are several ways to calculate it: a letter of credit, an individual bank safe, cash settlement when signing a contract of disposition.

As for the latter, it is not safe for the buyer, because the risk of giving money and not waiting for the right to pass to the buyer is extremely high; the settlement through the bank is much safer, but it is important to pay attention to what is a condition of access to the money.

It depends on who has the key in the case of payment through the depositary and at what point the receipt of the money for the sale of the property is written.

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The Executive Director of the Lincor Real Estate Resource Centre, Dmitry Barishnikov, answers:

First, it is necessary to know the history of the apartment chosen for purchase, which can be done by requesting an extract from the Single State Register of Real Property Rights and Transactions (EGRP).

Russian legislation had established a general limitation period of three years, so it was necessary to see whether there had been any conflict situations in that area during that period; a serious risk factor was that the apartment had changed its owners repeatedly, especially if the transactions had taken place on the basis of a power of attorney.

Secondly, it is necessary to know which document confirms the seller ' s ownership.

• Sales contract;
• The contract of mena;
• A gift contract;
• A certificate of right to inherit;
• Rent contract;
• A court decision that has become enforceable.

The last two documents are the least common; however, either one of the listed documents must be original and not contain malware.

It was also necessary to study carefully the contract under which the State registration of the right of ownership had been carried out; the contract could specify the conditions under which it was subject to avoidance; it should therefore be checked whether those conditions had been met.

For example, the buyer (now the owner selling the dwelling) had to pay the full price of the apartment some time after the purchase.

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Also important is the date of the entry into force of the treaty, and it is suspected that the quick sale of the apartment, which has recently been passed on by a person who is not a relative, has been given away.

Third, attention should be paid to the seller ' s documents; the identity card can be checked by contacting the passport desk; if it is a representative acting under a power of attorney, it is important that it be notarized.

Fourthly, the existence of third parties who may claim real property rights, as well as a residence permit for minor children, should be checked.

The latter was particularly important, since the situation was monitored by the guardianship authorities and, if the interests of minor children were not respected, the transaction would be declared null and void by a court decision.

In addition, if the owner of the dwelling was married at the time of purchase, he or she is obliged to give the consent of the spouse to the sale of real estate.

There are many risks involved in buying an apartment; at every stage, many factors need to be taken into account, facts, dates and documents need to be checked and rechecked.

This will help not only to invest quickly and reliably in real estate, but also to keep yourself safe from fraudsters.

• Text prepared by Maria Gureeva
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The articles are not legal advice; any recommendations are a private opinion of authors and invited experts.