What you need to know when buying an apartment through an agency

In the field of home sales, real estate services are offered by a huge number of companies, and it is very difficult to decide which real estate agency to give your preference to.

The buyer should pay attention to the history of the company, the experience and professionalism of the employees; the cost of services can also play a significant role; it should not be extremely high and, conversely, too low.

Realtors simplify the process of buying an apartment , but there is always a risk of fraud from such organizations. In order to protect yourself, you should pay special attention to the contract with the company, clearly understand the range of responsibility of the representative, the scope of your personal rights and obligations.

Choosing a real estate agency

The market for real estate services is replete with a large number of offers; in order to choose a reliable and high-quality agency that can organize a successful transaction, the buyer must determine the priority points that need to be given special attention, usually these are:

Period of operation of the agency. Extensive experience characterizes the organization as an experienced and successful representative of services in the field of home sales.
Number of company employees. A large staff indicates the development and stability of the agency.
Prices for services. Typically, the cost of real estate agency services is approximately the same. However, if the price is clearly too low, then this should alert the client.
Official website of the organization. A company that cares about its image carries out careful work on the website; it should be rich in information about contacts, employees, organizational documents, objects and offers of realtors.
Agency office . The location, interior design, and advertising signs of the premises play an important role, since there are frequent cases of the creation of fly-by-night companies.
Social activities, that is, membership in various associations, for example, the Russian Guild of Realtors (RGR). The presence of a certificate from this type of association allows clients to verify the high professional training of workers who, in order to obtain a document, must undergo training and pass an exam.
Availability of various awards, certificates (diploma for active development of the mortgage market, letter of gratitude for legal support of public activities of the RGR).
Reviews about the organization of realtors . It will be useful for the buyer to find out other people’s opinions about the company and visit various Internet portals and forums.

If an agency has relatively little experience in the real estate market, this is not always an indicator of the company’s unreliability; it is important to pay attention to the reputation and professionalism of the company’s employees.

How to check a real estate agency for cleanliness?

Before contacting this or that agency, you should make sure that your choice is correct; for this, the buyer must:

Check company documents. You need to make sure whether the organization has the necessary certificates, attestations, and request an extract from the Unified State Register of Legal Entities (USRLE).
Contact the tax authority, arbitration court, to determine whether the company has violated the law or is not bankrupt.
As a realtor, you need to check the employment contract with the agency he represents.
Particular attention should be paid to the contract that the buyer enters into with the company. The conclusion of a written document that meets all legal requirements guarantees the legal purity of the transaction .
It is important to clarify whether the agency checks the history of the proposed apartments, the powers of the owners, and the authenticity of the information. Usually there is a lawyer on staff who performs such actions.

Example

Citizen B, in order to buy an apartment, turned to a real estate agency that recently opened near her home. The realtor, without concluding a contract, immediately offered a housing option. The client liked the apartment, she made the payment and completed the necessary documents.

Citizen B moved to a new address, but two weeks later Citizen R came to her apartment, claiming that he was the real owner of the premises. Having gone to court, it turned out that the agency acted according to a criminal scheme, with the help of forged documents, false forms, seals and a fake notary, they executed an agreement for the sale and purchase of an apartment that they rented from Citizen R. The court determined that Citizen B does not have legal rights to housing, and to protect her interests she needs to apply to the judiciary.

You can check a real estate agency yourself or by contacting notaries or lawyers , which of course will require additional financial costs, but will most likely guarantee the reliability of the buyer’s choice.

Why do you need a realtor when buying an apartment?

When purchasing real estate, many buyers refuse to search for housing on their own and resort to the services of realtors. This can be explained by the fact that specialized agencies are professionals in their field, and should make it easier for the buyer to purchase an apartment by performing the following tasks:

Consultation on legal and technical issues that arise for the client.
Organization of the search process, negotiations, finding options that meet the buyer’s wishes.
Consideration of possible shortcomings of the area, checking the condition of the entrance, apartment.
Clarification of the question about those living in the house.
Coordination of conditions and verification of the legal purity of the transaction (authenticity of documents, legality of powers of home owners and their representatives).
Monitoring prices on the real estate market , selecting the most profitable offers.
Cooperation with banks, assistance in obtaining mortgages, loans for the purchase of real estate.
Legal support of the transaction , conclusion of a purchase and sale agreement, registration of housing ownership, assistance with state registration.
Resolution of possible disputes.

Despite possible cases of fraudulent activity, contacting realtors can significantly speed up the process of finding an apartment.

A competent and qualified specialist protects the interests of the client, taking into account his wishes and needs.

Realtor services when buying an apartment

When using the services of real estate agencies, the buyer has the right to count on the efficiency and safety of their work. When purchasing an apartment, a realtor performs the following functions:

finds out the situation on the housing market in order to understand which apartment the client can apply for, based on his preferences and financial capabilities;
if there is a shortage of funds, looks for suitable lending options;
determined with a convenient time to view the property;
negotiates with the seller on the price and other conditions for the sale of the apartment;
checks the information provided by the owner, analyzes possible risks;
prepares the documents necessary for the transaction, draws up a purchase and sale agreement;
carries out mutual settlements between the parties (cash payments, use of a safe deposit box);
monitors compliance with the client’s rights when making a transaction with a notary;
carries out checks on the removal of all residents from the purchased apartment;
prepares, sends and receives the necessary set of documents for state registration of property rights.

It is important to clarify whether the real estate agency is a participant in the professional liability insurance program so that losses that the buyer may incur if the realtor makes a mistake are compensated.

What does the law say about handing over keys after a real estate transaction?

No matter how hard you try, you will not be able to find a law regulating the process of handing over keys to an apartment. To resolve this issue, it is worth turning to civil law. In particular, Article 556 of the Civil Code of the Russian Federation determines the procedure for the transfer of real estate by the seller to the buyer. It states that property is considered transferred from the moment the parties sign the relevant transfer document (usually a transfer and acceptance certificate).

This rule also allows that the terms and conditions for the transfer of real estate after the transaction may be established by the purchase and sale agreement. In this case, the parties themselves can determine when to hand over the keys when purchasing an apartment. It is no coincidence that the procedure for transferring property is fixed in an act. After all, from the moment it is signed, all responsibility for the maintenance and operation of the housing rests with the new owner.

The very fact of handing over the keys or its absence does not carry any legal consequences. As soon as ownership of the apartment is transferred to the new owner, he has the right to dispose of the property.

It’s another matter when the terms of the transfer are specified in the contract itself. In this case, the period for vacating the apartment is agreed upon in advance and can range from several days to several weeks after registration of ownership. In practice, this situation occurs very often.

The law does not establish a time limit for handing over the keys to an apartment after its sale, but it must be vacated at the time of signing the transfer deed, unless otherwise specified in the purchase and sale agreement.

Agreement with a real estate agency for the provision of services

In Russia there is no single standard agreement concluded with real estate agencies, therefore each company, at its own discretion, determines the content and terms of such an agreement. Buyers should pay special attention to the following nuances, which must be specified in the contract:

A list of services that the agency must provide for the client, in what volume (advertising, legal, consulting services).
The relationship between the rights and obligations of the parties under the contract, the requirements imposed on the client must be feasible and reasonable.
Remuneration for services.
The term of the agreement is usually for at least one year.
The provision that the client can at any time request a report on the work done by the realtor, the deadline for submitting the report.
Termination clause . The buyer has the right to refuse the services of the contractor at any time, paying for the actual costs incurred.
You should especially carefully read the small print, which usually indicates information regarding the responsibility of the agency itself .

In some cases, companies may include the following clauses in the contract (which is not legal):

The agency has the right to have the difference between the sale price of the property and the cost that will be specified in the agreement. This is the so-called hidden commission , that is, money that realtors want to receive in addition to the amount already paid by the client.
Provision prohibiting the buyer from communicating with the seller and his representatives. This suggests that the company also seeks to obtain additional unofficial enrichment.
The client does not have the right to contact other intermediaries; for violation of this condition, high penalties may be imposed.

If the buyer wishes to add or exclude any provisions of the contract, he has every right to do so.

Changes must be immediately made to the document or recorded in writing, as an additional agreement or protocol of disagreements.

How is it done?

The correct transfer of an apartment from the seller to the buyer means its transfer strictly in accordance with the terms of the contract.

An accurate description and characteristics of the property (apartment for sale) is an essential condition of the purchase and sale agreement.

Technical parameters, details, detailed description (including address, cadastral number, number of storeys, total area, etc.) - all this is specified in the contract. Accordingly, the buyer must be transferred to a specifically designated object, which appears in the contract; all this must be meticulously reflected in the transfer deed.

The act was drawn up correctly

There is no specific model of such an act in the legislation. The following rules should be followed :

In the transfer deed, in addition to the personal data of the seller and buyer, it is necessary to describe in detail which apartment is being transferred. It is best to duplicate the exact characteristics of this property from the purchase and sale agreement so that no doubts arise.
Indicate the condition of the apartment in terms of finishing: what materials and what quality, characteristics of plumbing, communications, windows, doors, floors, etc. If the seller leaves his furniture and household appliances as agreed, then it is necessary to add a detailed description of the furniture and appliances indicating the quantity so that there is no misunderstanding.
Mention the absence of debts on utility bills.
There must be a clause stating that the seller received the money for the apartment in full.
It is imperative to indicate the place and date of signing this act.
Specify the details of the agreement to which the transfer deed is attached.
In addition to the description of this object, you can attach photographs (to protect yourself from claims in case of possible conflict situations).

It is absolutely not necessary to have this document certified by a notary, only if both parties to the transaction wish to do so.

We are buying an apartment with furniture, appliances and renovations. WILL THE ACT OF TRANSFER AND ACCEPTANCE PROTECT US? part 2

The documents are in order and legally “clean”

Simultaneously with the procedure for signing the transfer deed, the seller must give the buyer the keys to the apartment and some documents. Documents for registration of an apartment :

All technical documentation for housing (technical passport, explication from BTI). Documents must be original (not copies).
An extract from the house register, which confirms that all residents have been discharged and the apartment is “vacant”.
Paid receipts or certificate of payment for utilities.
Documentation for all meters (electric, gas, water) with which the apartment is equipped.
If money for the transaction was transferred in cash, then a receipt confirming receipt of funds for the apartment by the seller.

It is better to record all these documents in the transfer deed.

No debt on utility and other payments

Usually, by the time the apartment is transferred to the new owner, the seller must liquidate all his debts on all current payments. Debt needs to be eliminated :

all utility bills;
landline phone bills (if you have one);
contributions for major repairs, general maintenance of the house, etc.

Before the date of signing the transfer deed, that is, before the actual transfer of the apartment to the buyer, all bills must be paid by the seller.

It is necessary to ensure that the readings of the meters (water, electric, gas) coincide with the readings shown in the paid invoices. On the designated date of signing the acceptance certificate, the seller must have all paid receipts with him in order to transfer them to the buyer (as proof that there are no debts).

When buying and selling an apartment you will have to incur some expenses. On our website you will find out how much the services of a realtor, notary cost and what the size of the state duty is, as well as where you can pay it.

Useful video: How the transfer of an apartment occurs under a purchase and sale agreement:

Notary advice: transfer of an apartment under a sales contract

What to look for when choosing an apartment?

When choosing a property, agencies should be based on the capabilities and preferences of their client. There are main points that a realtor pays close attention to:

Real estate value.
Availability of transport links, proximity to a stop.
Arrangement of the yard area, presence of a children's playground.
Technical condition of the house, entrance, proper operation of the garbage chute, elevator.
Housing layout, view from the window.
Interior furnishings of the apartment, external defects, quality of plumbing, serviceability of water supply, heating system, electrical networks.
Infrastructure of the area (kindergartens, schools, hospitals, pharmacies, shops, etc.).
The floor on which the apartment is located.
Residents of the house, their social status.
Year of construction, type of property (brick, panel, monolith).
Ecological condition of the area, proximity to factories, airports, landfills.

The acceptability of the cost of the selected object can be assessed by the realtor himself.

For a more accurate determination, it is worth contacting professional appraisers to be sure that the price of housing is not inflated.

Consequences of delivery of premises of inadequate quality

It is possible that after the transfer of the apartment, the buyer discovered significant shortcomings that affected the quality of the housing, which were not specified by the seller, then in accordance with the law (Article 557 and Article 475 of the Civil Code of the Russian Federation). If defects are discovered, the buyer has the right to demand :

eliminate deficiencies free of charge and in a short time;
reimburse your own expenses that arise when independently eliminating deficiencies;
reduce the price of the apartment (in proportion to the shortcomings).

In the event of any domestic disaster (for example, a short circuit in the electrical wiring, a fire, etc.), if the seller has not yet signed the act at the time of the incident, then he will have to deal with the consequences of the incident himself. If the document has already been signed, then all the problems then fall on the shoulders of the new owner .

How does buying an apartment through an agency work?

After the buyer has decided on the choice of real estate, an equally important and complex process awaits - completing the purchase of an apartment . The agent must accompany the client at every stage, provide assistance and assistance.

The real estate agency checks the legal purity of the property : it establishes the legality of the rights of the owners, the fact that the tenants have been discharged, and the full legal capacity of the seller. Requests an extract from the Unified State Register and the house register, contacts the mental and drug control authorities, and checks documents confirming ownership.
Apartments must be free from the rights of third parties and not be encumbered, for example, under mortgage or arrest.
Subsequently a sales contract ; the intermediary must ensure that it is written correctly and correctly so that the contents of the document do not violate the rights and legitimate interests of the buyer.
After which, you should make payments for the transaction , in cash or non-cash forms. When paying in cash, the buyer is given a receipt . The most reliable non-cash method is to use a safe deposit box.
Ultimately, state registration of ownership is required.

If the buyer gives preference to housing in new buildings , then the realtor should be especially careful when choosing a developer , find out his work history, timely delivery of objects, visit the official website, review the constituent documents, project declaration.

To complete the purchase of an apartment, the realtor must obtain a notarized power of attorney .

Through it, the agent has the right to represent interests and carry out on behalf of the client all necessary actions for the preparation, collection, delivery and verification of documentation.

How to buy an apartment on the secondary market through a realtor?

Purchasing an apartment on the secondary market may be accompanied by a number of features that both the buyer and the realtor should pay special attention to:

Condition of the house and yard area. It is important to carefully inspect: the façade of the building, the area of children's and sports grounds, the entrance area, and the condition of the elevator.
In the apartment, you need to check the operation of utilities, plumbing, and exhaust hood. Assess the level of illumination and the absence of external defects.
It is worth comparing the apartment with the BTI plan to make sure there are no illegal alterations.
The realtor must identify possible problematic legal issues (fake documents, lack of permission to sell from a spouse, minor tenants - their registration is extremely difficult).

It is worth considering that even the largest and most competent agreement with a real estate agency does not provide a 100% guarantee of the reliability of the transaction, realtors cannot check all possible potential risks , and fraudsters are often active in the secondary housing market, so the choice of housing of this type should be approached with special care. thoroughness.

When buying an apartment on the secondary market, the intermediary can and should try to reduce the price , that is, bargain.

Even if the buyer has the necessary amount of money, the agency must provide its client with the most favorable conditions for purchasing a home.

The grounds on which the property is transferred to the buyer

According to the law (Article 549 of the Civil Code of the Russian Federation), the seller, under a concluded sales contract, is obliged to transfer the sold apartment to the buyer.

This procedure should be carried out after registration of ownership has taken place.

The transfer of a residential property from the seller to the buyer is carried out according to a special transfer act (Article 556 of the Civil Code of the Russian Federation). The agreement is drawn up in writing in two copies . The signed deed confirms that the specified housing has actually become the property of the buyer. This act describes in detail the personal data of both parties, indicates that the apartment is in proper condition and quality (in accordance with its description in the purchase and sale agreement), and all utility bills have been paid.

If there is a landline telephone in this home, then you should make sure that there is no debt to pay for it.

Cost of realtor services when buying an apartment

Each real estate agency evaluates its services differently , for example, small companies try to adapt to the average price level established on the market and even reduce the cost in order to attract clients. Large organizations have the opportunity to dictate their terms based on experience, reputation, and fame.

The realtor's services are paid for by the employer . Various factors can influence the formation of the cost of services: the legal complexity of the transaction, the duration of the contract, the cost of the property.

There are two main ways to determine the price:

The cost of services is in a fixed amount, approximately from 30,000 to 100,000 thousand rubles, depending on the region.
The cost, determined as a percentage of the home price, usually ranges from 2% to 5%.

Example

The apartment is being sold for 2,300,000 million rubles, with the company’s established remuneration of 4%, the cost of real estate agency services will be 92,000 thousand rubles.

The procedure for setting prices by real estate agencies is arbitrary, although usually the volume of services provided and the list of documents required to collect when purchasing apartments are exactly the same.

How to terminate a contract with a real estate agency?

Agreements with realtors, regardless of the specifics and volume of services provided, are subject to the guarantees of the Federal Law of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”.

Within the meaning of Art. 32 Federal Law No. 2300-1 dated 02/07/1992, the client has the opportunity to cancel the contract at any time. The only consequence of such a refusal is the payment of expenses actually incurred by the agency , the presence of which must be documented.

The grounds for termination may be:

Failure to provide services within the specified time frame.
Buying a home on your own.
A change in the client’s life circumstances, due to which he changed his mind about purchasing property, etc.

a written notice is submitted to the real estate agency in two copies, on one of which the receiving party puts its mark of acceptance .

Notification can be sent by mail or registered mail. The document must indicate the intention of termination and the date of refusal of services.

The real estate agency's demand that the buyer pay a penalty upon termination of the contract is unlawful.

If remuneration is paid, then he is obliged to return this amount, minus expenses for the services provided. If within 10 days from the date the buyer sends the notice the agency does not fulfill the necessary conditions for termination, the client has the right to go to court (Article 31 of the Federal Law of 02/07/1992 No. 2300-1).

The buyer has the right to demand that the company pay a penalty in case of untimely return of remuneration for services, in the amount of three percent for each day of delay (clause 5 of article 28 of the Federal Law of 02/07/1992 No. 2300-1).

Responsibility of the real estate agency to the buyer

Many real estate companies try to minimize their liability and avoid possible losses. Although the current legislation is on the buyer’s side, in practice, the responsibility of a real estate agency is limited to the maximum amount of remuneration received ; collecting penalties or penalties is extremely problematic.

To protect yourself, the terms of reference and responsibility of the realtor should be clearly defined in the contract.

Risks associated with purchasing a home may include the following:

Errors were made when preparing documents for the transaction.
Fraudulent actions in relation to the purchased apartment.
The interests of minors and heirs are not taken into account.
Transactions previously made for the sale or privatization of real estate were illegal, etc.

If the above situations are identified, agencies often do not bear responsibility.

You can protect yourself with title insurance. This is a guarantee of compensation for possible loss of rights to real estate. The buyer should contact the insurance company to obtain a title insurance policy.

An important difference between title insurance and other types is that it protects a person from events that have occurred but are unknown at the time of concluding a real estate transaction.