When buying an apartment, you found out that a person is registered in it. Non-standard situation. Is it worth making a deal or is it better to terminate it? Let's try to understand this issue.
Firstly, you can buy housing with a registered person. Secondly, you risk virtually nothing if you are familiar with all the features of such a transaction. Thirdly, the seller does not have the right to hide information about registered people (clause 1, article 558, Civil Code of the Russian Federation). Otherwise, you can terminate the purchase and sale agreement, as well as return the amount of money paid in full.
Possible risks
The cost of apartments with encumbrances is 20-30% lower. However, all issues related to the discharge of tenants fall on the shoulders of the real estate buyer. So, what are you risking anyway?
- Problems with further real estate transactions. The presence of registered people complicates the processes of selling, dividing and exchanging property.
- Availability of tenants is a burden. Not all people can be discharged from an apartment after purchasing it. Let's talk more about this below.
- Endless promises to check out. Often, when an apartment is sold, family members of the owner are registered in it. He complains that there is no place to register them before purchasing a new home and asks them to wait. Days, weeks, months go by, but no one is in a hurry to be discharged. In this case, all that remains is to go to court, which will require additional financial costs.
- "Invaders". The situation is rare, but it does occur. They sell apartments with “invaders” at a lower price precisely because they do not want to fight them. In fact, there are people living in the apartment who do not want to be discharged voluntarily. Naturally, you can go to court, which will satisfy the owner’s demand. However, such a matter may drag on for several years. The “occupiers” will challenge the court’s decision, then avoid bailiffs and delay the eviction process in every possible way.
But the problems may not end there. Each individual situation requires detailed consideration. Therefore, I do not advise entering into such transactions without the participation of a professional realtor or real estate agency.
How to find out about registration
Before purchasing any apartment on the secondary market, you need to find out whether there are registered citizens in it. This can be done using a special extract from the BTI. It is issued to the owner of the premises.
It is recommended to request an extended statement from the seller. It will indicate all those temporarily discharged from housing for one reason or another.
If the seller refuses to present the relevant document, you should think about his good faith. It is better to refuse such deals immediately.
Who will not be able to be evicted from the purchased apartment?
Buying an apartment with a registered person is purchasing real estate with an “encumbrance.” However, remember that the law will be on your side in most cases. After the sale and purchase transaction is registered with Rosreestr, all tenants will be discharged.
It will not be possible to write down only faces:
- registered at the time of privatization of the apartment, but not its owners;
- living in an apartment on the basis of a “testamentary refusal” or a rent agreement;
- who are members or former members of housing construction cooperatives and their families;
- underage;
- declared incompetent;
- living under a gratuitous use agreement (borrowers).
All other citizens can be discharged. If they do not want to do this voluntarily, they can go to court at their place of residence.
How to check an apartment for the presence of people registered in it
All information about citizens living in an apartment can be obtained from the house register or registration cards (apartment records) located in passport offices. The home owner can issue an extract from these documents in order to familiarize potential buyers with information about the property.
But not in every case, the fact that the statement does not contain information about registered residents can serve as a guarantee of protecting the buyer from possible problems.
Citizens who have the right of lifelong residence cannot be deprived of it even if they are discharged from housing, which is of a temporary nature. Information about the presence of such citizens can only be obtained by ordering an archival extract.
It often happens that the passport office may refuse to issue this extract, even if the data is requested directly by the owner of the premises.
This position is justified by the legislative need to protect personal data. Assistance in purchasing a certificate can only be provided by specialists from real estate agencies and lawyers with certain connections.
What if the person lives in another country?
In this case, you can enter a person in three ways:
- court. It is necessary to file a statement of claim, which is best drafted with the help of a lawyer;
- consulate. You will need to contact the consulate of the country in which the registered person lives and obtain an extract through it;
- notary. The registered person gives written consent to the discharge and has it certified by a notary (at the discretion of the management of the passport office).
The last method is the simplest. However, before buying an apartment, it is better to find out the contacts of the registered person and contact him in advance to agree on all the nuances.
Statement of claim
To properly draft a claim, it is best to contact a qualified lawyer. He will not only help you fill out this document correctly, but will also advise you on all the questions that arise in your specific situation. Such services require additional costs, and not everyone has the opportunity to use them. Therefore, you can try to draw up a statement yourself. It is filled out in accordance with a specific form. The header of the application states:
- Full name of the judicial authority to which the appeal is made.
- Last name, first name and patronymic of the plaintiff and his residential address.
- Information about the defendant in the same form as about the plaintiff.
Below in the text of the application, the circumstances in connection with which the applicant is applying to the court should be indicated. Then describe the reasons for the discharge procedure. The next step is to outline all the requirements that, in the plaintiff’s opinion, the court must satisfy and list all the attached documents. At the end of the claim it is necessary to put the date of preparation and the personal signature of the applicant.
You can find a sample statement of claim to recognize a person as having lost the right to use an apartment here
What to do if minors are registered in the apartment?
Buying an apartment with a registered child is the riskiest deal. Therefore, it is better to do it with the participation of an agent who will help you avoid making mistakes. It will not be possible to simply discharge a child, since there are laws protecting the property rights of minors. However, don’t panic too much and forget about a deal you like. There are several nuances.
It is necessary to have an additional document - permission from the guardianship authorities to conclude a transaction, if the child is the owner.
If you receive such a certificate and fulfill the conditions specified in it, you will be completely safe. Also, the child must be provided with housing of equal cost and quality, where he can register. The seller of the apartment receives a certificate from the guardianship. However, it would be useful to follow the process of its registration.
Risks of buying an apartment with a registered person
When purchasing living space in which people are registered, you should understand that such a transaction is fraught with various serious risks:
- at the request of the registered person, the transaction may be declared invalid, which will entail termination of the contract;
- if a minor or incompetent person is registered in the apartment, registration of the transaction may be refused if the seller is unable to provide permission from the guardianship and trusteeship authorities to complete the transaction;
- If a registered person wishes to exercise his right to live in the living space where he is registered, the owner of the premises will have to put up with the new neighbor.
In order to minimize the risk of purchasing an apartment with such a hidden encumbrance, a potential buyer has the right to request from the seller a document that will contain information about whether there are people registered on the square meters in question, and also on what basis they live there.
If the seller does not provide such a document for some reason, the buyer has the right to contact the house management or passport office and request an apartment registration card. The request will need to be supported by documents confirming the right to form it (for example, a notarized copy of the preliminary purchase and sale agreement).
If the registered people belong to those categories that cannot be registered, then the potential buyer has the right to refuse to purchase the apartment and terminate the preliminary agreement (if it was a deposit agreement, its termination will occur through the court so that the buyer does not lose the money he contributed as deposit for the transaction).
If the buyer agrees to take the risk, you can try to carry out the procedure for deregistering the persons registered in this apartment through the court.
However, to do this, you will first need to go through the procedure of concluding a purchase and sale agreement and re-registering ownership of square meters.
What you shouldn't forget
- Check the extended extract from the house register. Only the owner of the property can request it. However, he will not be able to refuse to provide you with this document on the basis of Article 558 of the Civil Code of the Russian Federation.
- When purchasing real estate with registered minors, request a child registration document.
- Transfer money after all members of the seller’s family have left the apartment. Such an agreement will speed up the process. And you won't have to seek an extract through the court.
Buying an apartment with an encumbrance is, of course, profitable. In most cases, it is possible to discharge all residents without any problems, spending a little time and effort. However, in some situations it all ends in the termination of the purchase and sale transaction. In this case, the seller will be required to return the money.
When buying an apartment with registered people, it is better to use the services of experienced real estate agents. This is the only way you will protect yourself from a failed deal in advance and be able to make a truly profitable purchase.
Deadlines
The period of time required to cancel registration when applying to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation is about three days. It can be increased if a person deregisters and simultaneously registers in another home. In this case, the period increases to one month. During this time, instead of a passport, a person is issued a temporary identity card, which is valid on the territory of the Russian Federation.
The period for canceling registration through a court procedure can be from two months to six months. To this interval is also added the period for completing the procedure at the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, which is 3 days.
Exceptions to the rules
What else do you need to remember? Not all residents can be freely discharged from the apartment.
Who is capable of causing a lot of trouble for the new owners of the apartment? This:
- minor children;
- people who refused privatization in someone else's favor;
- citizens with whom a annuity agreement has been concluded;
- real estate tenants;
- people receiving loans.
All the rest, as we have already found out, can be discharged without any problems by court decision.
