Many mistakes made at the stage of concluding and signing a real estate purchase and sale agreement can cost the buyer months of dragging through the courts and the loss of the purchased property. However, termination of real estate purchase and sale transactions can be avoided by paying attention to the main mistakes when concluding them.
Mistake 1: Ownership
The first mistake made during the purchase and sale of real estate is insufficient familiarization with the documents for the apartment and the certificate from the Unified State Register of Real Estate.
Only the owner of the property (or all its owners, if there are several of them) can sell an apartment to you.
That is why the first check should be aimed at documents confirming the ownership rights to this object from your counterparty.
Mistake 2: the problem of co-owners
The second mistake is devoted to insufficient care in relation to several owners of the property, including spouses of counterparties, as well as other persons who have the right to claim its property or part of it.
Few people think about the fact that the right to the “owner’s” apartment can also be used by his ex-wife, who, although nominally not listed as the owner of the apartment, is its co-owner. Therefore, you should make sure whether the object of sale is in common ownership of the counterparty with any third party.
Let us remind you that when making real estate purchase and sale transactions, a mandatory condition is obtaining the written consent of the spouse (former spouse) to conclude this transaction and its notarization.
Mistake 3: payment
The third mistake concerns incorrect execution of payment documents.
We recommend making payments under the purchase and sale agreement using non-cash payment services, by transfer to the bank account of your counterparty.
In legal relations with an individual, we advise you to insist on drawing up a receipt for receipt of funds, which contains complete and comprehensive information about the parties to the agreement and the amount paid to the seller.
Error 4: Rosreestr and registration of transfer of rights
The fourth mistake is the failure to provide the required package of documents to Rosreestr (Federal Service for State Registration, Cadastre and Cartography) and, accordingly, the lack of registration of the transfer of rights to real estate from one owner to another. It should be remembered that you will become the owner of real estate only after registration with Rosreestr; drawing up a purchase and sale agreement and having it certified by a notary does not lead to such legal consequences.
Mistake 5: Nullity of the deal
The fifth mistake comes from insufficient familiarization with the grounds for recognizing a transaction as void (invalid).
For example, a transaction is void if it was concluded by a party who is not capable of performing such actions (for example, a minor, a minor, incompetent).
Moreover, imaginary (transactions without the intention of creating corresponding legal consequences) and feigned (transactions that hide other transactions by their form) transactions are also recognized as void. Finally, a transaction made in violation of the requirements of the law on its form is void.
Mistake 6: the transaction is contestable
The sixth error also concerns the invalidity of transactions, but relates to voidable transactions and not void ones. These are transactions made under the influence of deception , violence, threat or unfavorable circumstances. Particular attention should be paid to enslaving transactions, i.e.
e. such transactions that were made due to a combination of difficult circumstances and on extremely unfavorable conditions. In other words, when one of the parties takes advantage of the unfavorable position of the other party, for example, by deliberately and several times reducing the market price, knowing that the counterparty urgently needs money.
Error 7: incident of Article 451 of the Civil Code of the Russian Federation
Finally, Article 451 of the Civil Code of the Russian Federation states that “a significant change in the circumstances from which the parties proceeded when concluding an agreement is the basis for its modification or termination, unless otherwise provided for by the agreement or follows from its essence.”
At the same time, “a change in circumstances is considered significant when they have changed so much that, if the parties could have reasonably foreseen it, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.” In other words, a party has the right to modify or terminate the contract in the event of force majeure.
Judicial practice contains a case according to which, after 11 years, an elderly woman was able to legally terminate a real estate purchase and sale agreement and return the sold apartment, since her health had deteriorated and real estate prices had increased. These two circumstances together constituted force majeure.
In our opinion, such a rule should not be applied to the purchase and sale of real estate, but attention should also be paid to it.
Our conclusions
Thus, we have examined the main mistakes that you should pay attention to when concluding and signing a real estate purchase and sale agreement.
All of these errors lead to the possibility of terminating a previously concluded transaction or declaring it invalid, which ends in months of litigation and the loss of the purchased property and the money paid for it.
By paying attention to these 7 mistakes, you can better protect yourself and your property.
In what cases is an additional agreement drawn up to the agreement for the purchase and sale of an apartment?
An additional agreement is drawn up in cases where changes have occurred in the agreements already reached by the parties. Any changes must be recorded in writing; to formalize them, it is convenient to use the additional agreement form.
This document does not replace the main text, but only supplements it. The main and additional transactions can be considered as a whole and a part, with the part being integral. If the addendum is signed, then the new conditions apply and the old agreements become invalid.
If the parties changed the procedure for paying for an apartment from cash through a locker to non-cash through a letter of credit, then the changes will not affect the entire agreement, but only the clause on the payment procedure. After signing the document, the buyer will no longer be able to use the locker, but will have to open a letter of credit - otherwise the conditions will be violated.
An additional agreement is required when changes have occurred in the agreement of the parties and the documents are being checked by Rosreestr or they have already been marked with state registration of the transfer of ownership to the seller.
If the changes are minor, the agreement has not been submitted for registration, and the parties do not object, you can rewrite the text of the agreement, changing the required clause in it. Thus, there will be no need to submit the contract and additional agreement to it for registration.
It is worth using this method if the parties completely trust each other. If there are no prerequisites for complete trust, a separate document must be drawn up.
The most common cases:
- The parties decided to terminate the transaction - this is a special case. In this case, the addendum is called a termination agreement. This document terminates the contract for the future.
- The price of the apartment or the payment procedure has changed.
- The procedure for transferring an apartment has changed.
- The deadlines for deregistration of registered citizens have changed.
- Any other conditions specified in the text have changed.
If your counterparty significantly violates the terms of the deal - delays payment or does not check the family out of the apartment - you have two options:
- If the person is conscientious and he really has an insurmountable situation that will soon be resolved, you can agree with him on new conditions and enter into an additional agreement. After this, you will maintain good relations, but will lose the right to demand execution of the transaction on previous terms, and will also not be able to refer to previous terms in court.
- If you suspect that they are deceiving you or trying to get some benefit at your expense, do not enter into an additional agreement. Consider asking the court to enforce the agreement or terminate the deal altogether.
It is important not to confuse the additional agreement with the preliminary purchase and sale agreement.
When to correct an error or typo
This is completely legal. If during the purchase you discover an error that affects the meaning and content of the transaction, correct it with an additional agreement. Indicate that its effect applies to the relations of the parties that arose from the moment the main transaction was concluded - then the error will be completely corrected.
How to apply correctly?
Before compiling additional Agreement, discuss with the counterparty what specific conditions and from what moment you will change:
- from the moment of conclusion of new conditions;
- from the moment of concluding a transaction or another moment - you can extend the effect of new conditions back in time.
Decide what is beneficial specifically for you. For example, if the buyer is late with payment, when formulating new conditions, it is more profitable for him that they apply from the moment the contract is concluded - then the risk of accruing a penalty is minimal.
The procedure for signing an additional agreement is quite simple. The parties only need to draw up the text of the document and sign it. The agreement is drawn up in two copies, one for each party.
The additional agreement is drawn up in the same form as the main one. A document in simple written form is signed by both parties personally. Changes to a notarized transaction must also be certified by a notary.
Content:
- Name “Additional Agreement to Agreement No.___ dated ____.”
- Date and place of imprisonment.
- Name of the parties.
- Indication of the main one.
- An indication of the points that need to be changed and a statement of the new edition.
- An indication of the moment at which it begins to take effect.
- Signatures of the parties.
If necessary, you can not only change items, but also add new ones or exclude unnecessary ones. There is no need to rewrite the old edition; just refer to the paragraph number.
If you are not confident in your own abilities, contact a specialist who will help you draw up an additional agreement correctly.
How to draw up a purchase and sale agreement yourself.
Is registration required?
You only need to submit changes to Rosreestr when you have agreed to terminate the contract. In other cases, registration of additional agreements to the apartment purchase and sale agreement is not provided.
The document acquires legal force from the moment it is signed, and in the event of a dispute, it will be taken into account by the court in the same way as the main text.
How to challenge a purchase and sale agreement? Find out in this article.
- From the moment the additional agreement is concluded, you must be guided only by the new conditions.
- Significant errors can be changed by drawing up an additional agreement.
- The supplement is drawn up in simple written form and does not require state registration with Rosreestr.
- It is enough to indicate the paragraph numbers of the old edition.
Errors in the apartment purchase and sale agreement
Mistakes in the apartment purchase and sale agreement cannot be made. Of course, most often these are technical typographical errors, but even due to such an error, the registration of the transfer of rights from the Seller to the Buyer may be suspended.
- Most often, suspension occurs due to violation of the form of the contract.
- For example, a notarized form of a purchase and sale agreement is required, and the parties to the transaction provide the purchase and sale agreement in simple written form.
- All transactions for the alienation of shares in property rights, or real estate belonging to an incapacitated person or a minor, are subject to mandatory certification by a notary
Identifying errors before registering the transfer of rights
More often, errors in the apartment purchase and sale agreement are identified by the Rosreestr registrar. Which leads to suspension of registration. As a rule, the registrar suspends registration for 3 calendar months.
The registrar is obliged to notify applicants in writing about the suspension of state registration of a transaction and explain the reasons.
The notification may be sent to you by email or by post, as you indicated in the application.
The registrar can also notify you orally by telephone and explain what documents need to be submitted or what needs to be corrected in the purchase and sale agreement. An oral explanation does not eliminate the need for written notification.
If you learned about the reason for the suspension from a call from the registrar, be sure to write down the registrar’s requirements, do not hesitate to ask again and clarify. Don't make the same mistake!
Surely you still have a copy of the Sale and Purchase Agreement or an electronic version.
- After clarifying the problem, correct the error, sign again and report it together with the other party to Rosreestr according to the receipt that was given to you after receiving the documents.
If you do not meet the deadline for the registration date (kind))))) the registrars call and report the problem and you can report it before the end of the registration period) indicated in the receipt, it will be suspended for up to 3 months.
What this means in practice is that the registrar can take his time getting the job done!
However, the work regulations require the registrar to resume working with your case immediately upon receipt of additional (or corrected) documents.
REMEMBER THAT YOU CAN ONLY SUBMIT AN EDITED AGREEMENT THROUGH THE MFC DOCUMENT RECEPTION DEPARTMENT!
The regulations for working with documents are very strict.
Other reasons for suspension read > > >
It becomes more difficult when the parties to the transaction have moved away. Solve the problem situation by situation, a Power of Attorney can help.
Of course you will lose time. And don't panic! Most likely, your mistake does not make the transaction void!
You can even receive information about your registrar by calling the phone number listed on the Rosreestr website.
Just need the data from the document acceptance receipt (Inventory), keep it in front of you!
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Error in the purchase and sale agreement | Home | Housing problem
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- uv. realtors! please tell me. Have you found an error in the apartment’s DCP? what to do, where to run and what the threat is??? There is an error in the date of issue of the buyer's passport. Instead of 2000 it says 2009. All the data on the certificate is correct. The lawyer, the registrar, and the realtor looked at it, and no one noticed the mistake!!!
- At the moment the contract is invalid, i.e. the deal has not been completed. At any time, the seller with his old title deed can evict you.
- How is this deal not completed? The contract was registered, a new license was received, the old one was taken from the seller.
- The buyer in your contract is not you, but some non-existent person with non-existent passport data. A fake deal. Cancelled in an instant.
- When was the agreement registered? Was the agreement in the PPF or in notarial form?
- in PPF, registered 08/25/12
- Did you compile and register them yourself?
- I wrote it, compiled the registrar, both the lawyer and our realtor looked at it and that’s it.
- Well, why don't you contact them? Let them fix it, you paid them money for it. But in general, it’s okay - these are the ones. an error that does not affect anything, the main thing is that everything is correct in the script.
- Just remember that the certificate is purely a piece of paper for the buyer. But the agreement is a truly important document. Therefore, everything that is written in the certificate is not important, what is important is the contract, it is the primary document for the transaction.
- Thank you! Of course I’ll ask, the realtor is just on vacation, he did it through his registrar. The lawyer said that we don’t have to fix anything for now, it’s not critical. I'm still worried. Everything is correct in the certificate, act and receipt
- The lawyer is wrong. It needs to be fixed.
- But as? Should I register an additional agreement?
- Give it to the person who registered it, and let him correct it. No additional agreement is needed.
- Strange. I called 3 regional chambers and went to one today just in case. They said that the date of issue of the passport does not count as an error and will not affect anything, but if I definitely want to correct it, then make an additional mistake. agreement and leave it at that. Are they wrong too?
- What does the law provide for in such cases? The DCP is registered, with stamps, how can I change it?
- They told you correctly, your mistake is not technical, it was not the Registration Chamber that made a mistake, but you yourself. It can only be corrected by an additional agreement. But I wouldn’t, the passport data is approximate information, they will be adjusted automatically during subsequent sales. What do you think, if a person changes his registration or surname, should he run to change all his documents or something?
I bought an apartment on 03/01/2013. The purchase and sale agreement was drawn up by a private notary. (page 2)
I received the purchase and sale agreement and the hero.
There were errors in the purchase and sale agreement: spelling, grammatical, the living area of the purchased apartment was incorrectly indicated, in the vityag: the date of issue of my passport.
How to correct these errors, do they need to be corrected, if they are not corrected, can I get into trouble. Moisak tel.: 0487037458, el. address: [email protected]
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Good day. How can there be punishment for an individual (state serviceman) who does not submit a confirmation for asking for the terms of the law in connection with the loss of the sheet. Dyakuyu
hold it yourself The service is subject to another type of disciplinary authority according to internal documents and the Code of Criminal Procedure
Bringing to administrative responsibility.
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Incorrect registration address in the apartment purchase and sale agreement - Real estate transactions on the secondary market
Sent 05 August 2013 — 12:56
We are buying an apartment.
Today, when submitting documents to the registry office, we ourselves noticed that in the apartment purchase and sale agreement the registration address of one of the buyers (there are two of us) is incorrectly indicated - instead of no. 17A, no. 179 is indicated. In other documents the registration address is correct. We cannot re-sign the agreement now, because... one of the buyers was on duty, they surrendered under a general power of attorney. However, the bank providing the mortgage does not accept documents signed under a power of attorney, and in the loan agreement limits the period for submitting a new certificate of ownership to the bank to 30 days. The Registration Chamber seems to have accepted the documents, we are waiting for a decision. QUESTION: if the transaction goes through both in the registry office and in the bank and this error is not noticed, will we then have problems with the sale of the apartment, with the rights to the apartment, or with submitting documents to the tax office (13%)? Our realtor says no, but we are wary. And one more thing - will the new certificate of ownership also have this error (filled out in accordance with the contract)? I understand that upon sale there will be a different registration and it is unlikely that anyone will check the data with the old mark in the passport, but you will need to provide a loan agreement to the tax office, and everything is correct there.
Sent 05 August 2013 — 18:35
Antuanetta (05 August 2013 - 12:56) wrote:
We are buying an apartment.
Today, when submitting documents to the registry office, we ourselves noticed that in the apartment purchase and sale agreement the registration address of one of the buyers (there are two of us) is incorrectly indicated - instead of no. 17A, no. 179 is indicated. In other documents the registration address is correct. We cannot re-sign the agreement now, because... one of the buyers was on duty, they surrendered under a general power of attorney. However, the bank providing the mortgage does not accept documents signed under a power of attorney, and in the loan agreement limits the period for submitting a new certificate of ownership to the bank to 30 days. The Registration Chamber seems to have accepted the documents, we are waiting for a decision. QUESTION: if the transaction goes through both in the registry office and in the bank and this error is not noticed, will we then have problems with the sale of the apartment, with the rights to the apartment, or with submitting documents to the tax office (13%)? Our realtor says no, but we are apprehensive. And one more thing - will the new certificate of ownership also have this error (filled out in accordance with the contract)? I understand that upon sale there will be a different registration and it is unlikely that anyone will check the data with the old mark in the passport, but you will need to provide a loan agreement to the tax office, and everything is correct there. Sign the new version of the agreement and submit an additional package to the Federal Registration Service.
Catherine
Sent 06 August 2013 — 07:35
We can't do this now because one of the signatories is on duty. And the certificate should be issued in 6 days.
Sent 06 August 2013 — 08:43
Antuanetta (06 August 2013 - 07:35) wrote:
We can't do this now because one of the signatories is on duty. And the certificate should be issued in 6 days.
Well, you have an agent, can’t he really give you a simple solution?????
Pause.
Where exactly is the signatory on duty? Is there life there? Is there postal and courier delivery? Send the contract + agreement by some courier, he will sign it and send it to you. You can do it within 6 days, but if you have doubts about the timing, it’s better to pause it. If the shift ends not in 6 months, but within 1 month, then you can wait for the personal presence of the party to the transaction.
Explain the situation to the bank, show the suspension, write an application to extend the period.
Catherine
Posted 13 August 2013 - 13:00
The situation was as follows: they re-signed and brought the agreement with the correct registration to the registry office.
Our documents were accepted. Later we noticed that the contract on the first page indicates JOINT ownership of me and my husband, 1/2 each, and at the end of the agreement, in two paragraphs, it says that we have SHARE ownership of 1/2 each. The bank confirmed that there should be a “joint” one (everyone is to blame - the bank sent such a blank, the agency stupidly entered our data without reading the text, we did not see it when signing). They wrote a joint one in the certificate, and the Registration Chamber, accordingly, put stamps on the DCT... 1. Could problems arise because of this, because this is an essential point when registering an apartment, and with such an agreement we should contact the tax office and resolve other issues. Is it now possible to convey the correct PrEP after receiving the certificate? 2. In addition, they made mistakes on the certificate: the city of my birth was entered incorrectly (two extra letters), building “A” was not included in the registration. Is it worth contacting an application for technical correction? mistakes?
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Error in the apartment purchase and sale agreement
five hundred rubles Is it possible to somehow fix this error, or do I need to redo everything again? July 18, 2014, 15:08 Alexey, Tula Client clarification We don’t care, we just take out a mortgage from the bank, but they care. Now we don’t know what to do. 18 July 2014, 15:35 Answers from lawyers (5)
City not specified
Typo in documents
The error probably came from the cadastral passport, first you correct it, and it is enough to trust the signature, seal and inscription to the corrected one, there is no need to order a new passport, in the purchase and sale agreement, if it is drawn up in simple written form, the parties to the agreement, i.e. the seller and the buyer have the right to make corrections to the contract with their signatures, if the contract is notarized, the corrections are made by a notary with his signature, seal, crossed out and stipulated by the correction.
Errors when drawing up or concluding an apartment purchase and sale agreement
The reality of the real estate market is that the purchase and sale agreement is never concluded immediately. Initially, a certain document is drawn up - this is an advance agreement, a preliminary agreement or other paper.
This document is very important, since it will stipulate all the conditions for the future transaction, and the signing of the agreement takes place as specified in the preliminary agreement. Without the consent of the other party, it will no longer be possible to change the terms.
Experts recommend that you first clarify who exactly you are negotiating with.
Is this a serious mistake? How might it affect other apartment transactions? July 31, 2014, 23:47 Valentina, Yaroslavl Answers from lawyers (1)
Good morning, Valentina.
The main thing is that everything is indicated correctly in the certificate of ownership. An error made in the purchase and sale agreement itself is not significant, especially if all other data, including the series and number of the passport, are indicated correctly.
The realtor's mistakes are corrected by the lawyer
So, a certain R., a doctor by profession, with his many years of work and the work of his wife, saved up to purchase a one-room apartment and began to look for suitable options. A certain Ch. entrepreneur, during the same period of time, was selling a one-room apartment, which she owned on the basis of an agreement of shared participation in construction.
The residential building in which the apartment was located was completely built, connected to communications and was even inhabited, but the residents’ ownership of the apartments was not registered due to the developer’s failure to submit the necessary documents to the Federal Registration Service of the Republic of Belarus.
A well-known real estate company, which, through a newspaper of free advertisements, was looking for buyers for Ch.
Muscovites make mistakes when renting housing
The main question that arises for all potential tenants is whether to enter into an agreement? The head of the rental department of the MIEL-real estate agency, Vladimir Goldin, answers unequivocally: to conclude. A well-drafted agreement solves many possible problems when a conflict situation arises with the owner of the apartment.
But, let us emphasize, it is a well-drafted, legally accurate agreement and its annexes (more about them below). On the other hand, the risk of getting into trouble when renting is quite small.
According to Irina Bobko, head of the rental department of the Moscow Real Estate Investment Agency MIAN, in rental transactions concluded through large agencies, the share of fraudsters is less than 1%.
How to correct an incorrect address in an apartment purchase and sale agreement?
in a couple of days you can contact the state registration service and order another Exhaust there for 120 hryvnia due, for example, to the loss or accidental destruction of the previous one.
Reviews: 436/ 15/ 29 Replies: 18158 [quote author=Dmitry; time=1373388476]how a notary
Correct an error in a document
It is almost impossible to do this in a certificate of land ownership from 1992-1997. Moreover, it should be noted that inside such a document there is a record
“The certificate is a temporary document and is subject to replacement”
. During a person’s lifetime, it is necessary to collect a number of supporting documents and register the entire set with the Registration Authority. After death, go to court with the collected evidence. Correction of errors in the certificate of title issued by a notary.
Recognition of the right of use and registration
There were no copies of the order left at Kraszhilservice Management Company either, since they had a fire in 1995 and all the documents were burned.
Having contacted the management company "Kraszhilservice" with a request for registration, she was refused and recommended to go to court, since no one had been registered in the apartment since the receipt of the warrant.
Result: Read more → Citizen “C” purchased half of a residential log house.
Some mistakes when concluding a purchase and sale agreement
In accordance with paragraph 1 of Art. 454 of the Civil Code of the Russian Federation, under a sales contract, the seller undertakes to transfer the item (goods) into ownership of the buyer, and the buyer undertakes to accept this product and pay a certain amount of money (price) for it. Consequently, the subject of a purchase and sale agreement is always a thing (goods). According to the general rule established by paragraph 1 of Art. 455 Civil Code of the Russian Federation.
Now there are difficulties with donation. What should I do? I want to file a lawsuit.
but I don't know how to classify it. What should it be called? how to calculate state duty. from the cost of the apartment? Which articles of the Civil Code should I refer to? Help me please. Where is this notary now, 1.
go to him and let him make corrections to the document, 2.
if he no longer works and another one works in his place, ask for a duplicate, indicating that this error should be corrected in the duplicate, since it is purely technical, 3.
Errors in the title document for real estate
These may be sales and purchase agreements, exchanges, donations, a privatization agreement, an act of acceptance into operation, a decision on the legalization of real estate, a certificate of inheritance by law or by will, resolutions of various government bodies, acts of ownership or land use. for a plot of land or other documents.
That is, those documents that accurately and unconditionally indicate exactly the person who is the owner of a particular property.
In accordance with Article 188 of the Civil Code of the Republic of Kazakhstan (General Part), the right of ownership of real estate implies the ability of the owner, at his own discretion, not only to own and use, but also to dispose of the property belonging to him.
From the case materials it is clear that the Company submitted corrected agreements to the tax authority with a covering letter, and also explained that the errors in them were typographical errors.
The court noted that the documents available in the case file contain inaccuracies that can be classified as typos. In addition, the applicant eliminated the deficiencies before the contested decision was made by submitting corrected documents to the tax office.
In addition, to confirm the receipt of proceeds for products sold for export from a foreign buyer under the specified contract, the Company presented a bank statement with the attachment of a swift message and a memorial order, which together confirm the actual receipt of foreign currency proceeds to the Company's account from the company purchasing the goods under the contract from March 25, 2004
Andrey Komissarov: “It is almost impossible to prove that the buyer did not know about the problems in the apartment”
How to check the authenticity of documents when buying an apartment?
Which documents should you pay especially close attention to? Who should check them? First of all, you need to make sure that the apartment is owned by the seller.
To do this, you should carefully check the title documents: a certificate of state registration of the right, where your seller should be indicated in the “Subject of Law” section, and an agreement or other document on the basis of which the apartment became the property of the seller.
Also in the certificate of state registration of rights, pay attention to the “Encumbrances” section.
Sales and donation agreements
The main thing is that it is compiled correctly and without errors. It can also be very disappointing when an almost completed transaction is suspended or completely canceled due to an error in the contract.
Therefore, be careful when signing an apartment purchase and sale agreement. Our experts do not recommend drawing up a purchase and sale agreement on your own, because it's quite risky.
A mistake in one letter or number can be costly.
Typical mistakes of buyers in real estate transactions / Sibdom.ru
Very often, buyers approach the search for an apartment incorrectly and often limit themselves in their choice.
“When a buyer is looking for an apartment, he usually sets certain boundaries for himself, for example, he decided that he can buy a three-room apartment, and these are the types of properties that he considers,” explains Dmitry Slepokurov, head of the sales department of the company “GRANTA-real estate”.
“Now there is a paradoxical situation on the market: a four-room apartment of the 97th series with an area of 80 square meters can cost less than a three-room apartment with an area of 64 square meters.” The buyer chooses only among three-room apartments, although for his money he can buy a very good four-room apartment.”
Incorrect assessment of the value of the object
Before entering the market, buyers do not regularly study advertisements for sale and do not know the real transaction prices (those prices at which similar objects are sold on the market), so it can be difficult for them to judge how much the price indicated in the advertisement corresponds to the market price. As a result, in many cases they buy an apartment more expensive than they would have done with the help of a specialist, due to the fact that they cannot reasonably reduce the price.
It is difficult for the buyer to judge the timing of the transaction. According to experts, a third of the properties put up for sale today are pledged to banks. This is the housing of mortgage borrowers, which is sold before the loan is fully repaid.
Transactions with such apartments have their own peculiarities due to the fact that in order to sell them, the encumbrance must first be removed.
The procedure differs depending on the bank and in some places it takes a couple of days, but in others, like with AHML, you will have to wait two months to get a mortgage.
Insufficient verification of the legal cleanliness of the apartment
When preparing for a transaction, buyers rarely check the “history” of the apartment, believing that the seller’s ownership certificate is enough for the transaction to be successful.
Few people take the opportunity to obtain an extract from the Unified State Register of Real Estate on the transfer of rights to a property. Although this document contains information about all previous owners of the apartment, which allows you to check not only the seller, but also the previous owners.
“What should you be wary of in an extract? The short period of ownership of the apartment by one of the last owners, explains Yulia Mikhailova, lawyer at the Soyuz law office. “It may well turn out that the purchase and sale transactions were carried out in order to cover up the loan-collateral transaction.
Then the buyer risks becoming a participant in a lengthy trial and will have to prove his good faith.”
But even if a statement is ordered, not all buyers know that the information in it quickly becomes outdated. It is relevant only at the time of receipt, and literally an hour after its issuance, an encumbrance may be placed on the apartment. “Recently, cases have become more frequent when an apartment is seized due to debts; there was an example when this happened in the process of preparing for a transaction.
The owner’s debt to the traffic police fine was small, but the bailiffs still seized the share in the ownership of the apartment,” explains Svetlana Novikova, head of the sales department of the company “GRANTA-real estate”.
To ensure that the information in the extract from the Unified State Register is up-to-date, when preparing for a transaction, specialists receive an extract in electronic form twice, the second time immediately before the transaction.
Using a standard purchase and sale agreement
Probably the most common and, perhaps, most expensive mistake in real estate transactions is the use of a standard contract downloaded from the depths of the Internet.
“Literally the other day, the Supreme Court of the Russian Federation returned for reconsideration the case of termination of the purchase and sale agreement for residential premises on the basis that after the transaction the buyer discovered that the apartment required significant investments and was unsuitable for living, and the shortcomings identified by the buyer were indicated in the purchase and sale agreement were not.
For some reason, the parties to the transaction are afraid to write down in the contract all the terms of the transaction that they agreed on. But the Civil Code of the Russian Federation provides for freedom of contract,” notes Yulia Mikhailova.
Understatement of value in the contract
Until now, many buyers, at the insistence of sellers who do not want to pay taxes, underestimate the cost of the apartment in the purchase and sale agreement, indicating a different price. Not only will they be able to count on a smaller tax deduction for the purchase of an apartment, but they will also take a serious risk. If the contract is terminated in the future, this may lead to the impossibility of returning the money actually paid.
Despite the fact that today there are several safe payment methods and you can pay for the purchased apartment through a bank safe deposit box, some still transfer the entire amount even before registering with Rosreestr; the payment takes place in the car. Another common mistake is incorrect receipts for receiving money.
“It is likely that buyers will be able to independently find the cheapest property, and they can read instructions published on the Internet on how to conduct a transaction, but only a specialist who has previously worked in the real estate market for many years,” says Svetlana Novikova.
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