Any real estate transaction may contain hidden risks. Due to its high cost and constant demand, this market attracts unscrupulous sellers and realtors. A real estate lawyer will help you avoid loss of money, nerves and the real estate itself.
Before taking any action with real estate, especially commercial real estate, we strongly recommend that you consult with a real estate lawyer. During the consultation, the lawyer will examine the available documents, inform you about the opportunities and risks and offer the best solution in accordance with your goal. This is important in real estate transactions, real estate disputes, including regarding the reduction of cadastral value, and registration of property rights.
Realtor or lawyer – who can you trust to support the transaction?
What is the difference between a realtor and a lawyer? Who should I turn to for help in supporting a transaction?
I offer you a visual comparison so that you can determine for yourself which specialist you need to solve your problem.
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A realtor and a lawyer are professionals in their field, each is important at a certain stage.
Reduction of cadastral value
Disputes regarding reduction of cadastral value are a special type of dispute. The cadastral value of a property or a plot of land means the value that is determined during the assessment and is indicated in the State Register of the Unified State Register of Real Estate. Cadastral value is important when calculating property tax and land tax. The lower the cadastral value, the lower the taxes. Whether or not it is possible to reduce the cadastral value will be shown by a legal analysis, with an assessment of current values and a forecast of reduction, based on our practice.
In order to reduce the cadastral value, the Law provides for the possibility of applying to a commission under Rosreestr and/or to court. For legal entities, pre-trial resolution of this dispute is mandatory; individuals can immediately go to court. You can contact the commission with an application from the day the information about the cadastral value of real estate is entered into the Unified State Register until the day the new value is entered into the Unified State Register. It is necessary to submit an administrative claim to the court with attached documents (extract from the Unified State Register, title documents for the property, report on the market value of the property). All documents necessary to challenge the cadastral value of a property can only be professionally prepared by a real estate lawyer. This is especially true for real estate in Moscow and the Moscow region due to their high cost.
KG ETALON lawyers will help you resolve a real estate dispute, defend your right to residential/non-residential premises and land, and also reduce the cadastral value to facilitate taxation. Our company is located in the Alekseevsky district of Moscow. We have been working with real estate located in Moscow and the Moscow region for more than 20 years.
Why is a realtor not enough?
The realtor’s goal is to select a property for the buyer and ensure that the parties enter into an agreement. But identifying the legal problems of the object can lead to the failure of the deal. Therefore, the realtor is not interested in an in-depth analysis of the legal purity of the property and, as a rule, he does not have the corresponding knowledge. At best, he will offer title insurance for the transaction with the property.
The task of the real estate lawyers of the ETALON Consulting Group is to identify and prevent legal risks and ensure the security of the transaction. We want you to own the property for an unlimited amount of time without the risk of the transaction being invalidated.
Real Estate Litigation
Real estate quite often becomes a “stumbling block”. Therefore, litigation regarding real estate objects occurs quite often. Particularly common among them are disputes about the recognition of ownership rights, about invalidation of purchase and sale agreements, leases, pledges, about eviction and deregistration, about reclaiming a property from someone else’s illegal possession, about legalizing redevelopment, etc. Due to the high complexity of these disputes, you will need not only the advice of a real estate lawyer, but also his participation in the trial to defend your interests.
What the lawyers will do:
- checking documents for the property and the seller/buyer;
- checking the seller/buyer using the database of debtors and court cases;
- checking the presence of arrest, pledge and other encumbrances on the property;
- checking the availability of the necessary permits to use the property for your specific purposes;
- prevention and minimization of identified legal risks;
- participation in negotiations with the seller/buyer;
- development and editing of contracts for specific real estate transactions;
- direct support of the process of concluding and executing a transaction.
Review of the transaction by a real estate lawyer
Before purchasing a property, you must first check the title documents and supporting documents. We pay special attention to: a certificate of ownership or an extract from the Unified State Register of Real Estate, an agreement for an object or apartment (a contract of privatization, purchase and sale, exchange, donation, an act of acceptance and transfer from the developer, etc.) a certificate of inheritance (if inherited) . Certificates must be on a special stamped form, and contracts must have the signature and stamps of Rosreestr.
If everything is in order with the documents, we check the seller. The owner (several owners, if shared ownership or joint property of spouses) or the owner’s representative with a notarized power of attorney can sell. When selling an apartment, the owner’s representative is required to check the validity of the power of attorney (you can find out about cancellation on the website of the Federal Notary Chamber) and meet with the owner (owners). If the power of attorney has been revoked, the spouse’s consent is not provided for joint ownership, or the owner is constantly “busy,” then it is better not to buy this property, since there is a high risk of becoming a victim of fraud.
You should not forget about registered citizens in this property. It is better to obtain a certificate from the passport office and a house register to verify the absence of persons who have the right to reside at a given address, otherwise their deregistration will be possible only through the court.
An extract from the Unified State Register of Real Estate will help you find out about the presence of arrests and encumbrances on real estate. Information about trials and enforcement proceedings should be found on the relevant websites. A real estate lawyer checks a real estate transaction on a professional basis and takes into account the smallest flaws and risks when preparing documents.
Read with this article:
Checking commercial real estate before purchasing
Commercial real estate transactions
Checking the legal cleanliness of the apartment
Apartment purchase and sale transaction
Support for the purchase of country real estate
What does a comprehensive service to support a real estate transaction include?
The service of supporting a real estate transaction involves performing a whole range of tasks covering all aspects of the transaction.
In particular, these are:
- full consultation on any issues related to the preparation and execution of the transaction;
- support of the procedure for purchasing or selling real estate;
- information support in terms of choosing the optimal type of transaction, with lawyers initially taking into account all the features of the object, risks and other aspects;
- legal analysis of documents provided by the customer related to the real estate being sold;
- assistance and consulting support on completing missing documents;
- presence or independently conducting negotiations with any counterparties;
- full comprehensive verification of all data on the object;
- development and approval of the purchase and sale agreement, as well as legal analysis of the agreement provided by the seller;
- presence of a lawyer at all stages of the transaction;
- assistance in solving any problems related to inheritance;
- representation of the client’s interests in all courts in cases related to challenging or canceling a real estate purchase and sale agreement.
You can order only some of these services, but it is better not to try to save money and seek comprehensive support. This will allow you to be sure that you will not be deceived, accidentally or intentionally, and you are guaranteed to complete the planned transaction as safely as possible, and without unnecessary costs, which is also very important.
Support for the purchase and sale of housing
The purchase and sale transaction of an apartment should not be limited to just contacting a real estate agency.
Constantly changing legislation and the introduction of paperless document flow provide an excellent loophole for fraudsters, so legal support for the purchase of an apartment today is more the norm than the exception.
Checking the legal purity of the transaction will not hurt even when concluding an agreement between relatives.
Our advantages
Experience
In 2021 - 2021 our lawyers did not lose a single case
Guarantees
Errors are excluded - we know “what” and “how” it takes to win
Price
Our prices are lower due to volume - pay in installments or in stages
How can a lawyer help you in a transaction?
A lawyer’s assistance in supporting a purchase and sale transaction consists of the following areas:
- Legal advice on the sale of an apartment will dot the i’s. On it you can clarify for yourself such questions as: what dangers are involved in a sale transaction, what you need to pay attention to before buying an apartment, how much a lawyer’s services cost when buying an apartment.
- Purchase and sale of real estate from the point of view of legal purity. An important stage at which a lawyer for the purchase of real estate will check the property being purchased. It will protect against such situations as: purchasing square meters with debts or under a fraudulent scheme, not taking into account the interests of forcibly discharged citizens or minors.
- Transaction support. At this stage, the lawyer will take on all tasks related to re-registration of the apartment/office: from working with documentation to representing the client’s interests at the registration authority. The cost of transaction support will depend on the volume of work.
How a real estate lawyer can help
Legal support of real estate transactions will allow you to avoid financial and material losses and litigation. A professional real estate lawyer carries out comprehensive work to study the history of housing and identify all persons who have the right to apply for a share or lifelong residence. Qualified assistance is needed to prevent situations in which the transaction will be canceled, declared invalid, or challenged by third parties whose rights have been violated. The work begins with checking the purity of the transaction, which consists of studying the following documents:
- Form No. 7, which contains technical information. property characteristics;
- Form No. 9, including data on people registered in the home;
- Certificates confirming the absence of debts and encumbrances;
- Receipts for payment of utility bills;
- Documentary confirmation of ownership of an object resulting from exchange, inheritance, privatization, or purchase.
Attention! Realtors often provide copies, but a real estate lawyer will definitely require original documents to make sure that they are not being held by the justice system for the registration of another transaction. If a deposit is paid at this stage and the purchase does not take place, it will not be returned.
A qualified real estate lawyer in Moscow will provide the service of preparing a preliminary agreement, which will protect the apartment from the claims of other buyers, in a situation where the transaction cannot be completed right now due to high cost or other circumstances. The agreement will take into account the main aspects:
- The terms within which the money is transferred, the contract itself is valid, the buyer receives ownership;
- The procedure for making payments indicating the amount of prepayment, advance payment, deposit, sources of payment, methods of transferring money and the volume of payments made, as well as the cost of the object itself.
Providing legal support for the purchase and sale of apartments, lawyers prepare an agreement, ensuring its notarization with secure mutual settlements. Legal support is also necessary when making a transaction using alternative methods:
- Maternal capital;
- Military certificate;
- Mortgage.
