Buying an apartment through a real estate agency: step-by-step instructions

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Real estate agencies actively advertise their services, promising to find housing much faster than if the client did it himself. Moreover, this is exactly the kind of housing that a person needs. At the same time, they promise transaction support, guarantees, reliability, quality, and so on. How true is all this and what are the benefits of real estate agencies (real estate agencies) - read in this article.

Features of the real estate purchase and sale transaction

Participants in a real estate purchase and sale transaction must be aware of possible risks, understand the degree of responsibility, and be able to find a solution where possible or refuse the transaction:

The purchase and sale agreement is drawn up in simple written form, indicating the parties and the essential terms of the transaction.
The procedure and method of transferring funds, as an advance payment and full payment for the object, are reflected in the contract.
When selling an apartment purchased during marriage, the consent of the second spouse for the sale will be required (Article 36 of the RF IC).
The agreement can be notarized at the request of the parties.
When selling a share or involving minors or incapacitated citizens in the transaction, notarization is mandatory.
If one of the owners is a minor, permission from the guardianship authority must be obtained to carry out the transaction.
If maternity capital is used to purchase an apartment or pay off a mortgage, shares in ownership must be allocated. You can find out whether maternity capital was used when purchasing the apartment for sale from the sales contract, which will indicate how, and with what funds, the apartment was purchased. You can request a certificate from the seller about the balance of funds on the certificate.
Check the registered persons, whether there are temporarily absent ones, for what reasons and who they belong to the owner. This data is presented in an extract from the house register.
The apartment may be pledged to the bank under a mortgage, or a ban on registration actions has been imposed on the apartment for other reasons. This information is contained in Section 2 of the extract from the Unified State Register.

Each case is individual. Only a competent specialist will be able to take into account all the nuances and conduct the transaction correctly without risk to the parties.

Lawyer or realtor?

Who is better to contact, a lawyer or a realtor? It is difficult to answer this question unequivocally, since different responsibilities are performed. Ideally, you should address both. Moreover, it is desirable that these people be representatives of different companies (this eliminates or minimizes the likelihood of collusion).

The realtor must find suitable housing for the client and help in completing the transaction. The lawyer checks the documents, the apartment, prepares the purchase and sale agreement, and so on. Working together, they can solve almost all problems and eliminate the possibility of fraud on either side. Thus, a realtor can control the activities of a lawyer, and the latter, in turn, checks how correctly the realtor acts.

Purchase and sale of an apartment through a realtor

The desire to buy the apartment of their dreams often brings buyers to a real estate agency. Most apartments on the real estate market are sold through intermediaries. And by choosing to purchase this option, the buyer unwittingly enters into a relationship with intermediaries. A realtor acting on the side of the seller represents his interests and is responsible for the security of the transaction.

To protect themselves from possible risks, many buyers use the services of realtors. The specialist offers options for viewing, independently checks the purchased property for legal purity, advises the buyer and performs other actions provided for in the agreement between the buyer and the realtor.

Costs when buying and selling an apartment: who pays for what?

Selling real estate through an agency

The seller can sell his property through an agency by verbal agreement or by concluded contract.

When submitting an advertisement, the buyer may receive offers from agencies to place his property in their databases. If the seller agrees, realtors offer this option to their clients. When a buyer is found, the seller and the realtor enter into an agreement and begin preparing for the transaction.
The seller can independently contact the agency for the provision of services for the sale of housing. An agreement is concluded between the owner and the agency, which reflects the rights and obligations of the parties, the procedure for payment for the services provided. The realtor places an ad on information platforms and informs the seller about the results. A realtor shows the property to potential buyers, points out its advantages, voices the advantages and convinces them of the correct choice.

Buying real estate through an agency

Finding an advertisement from the owner is very difficult. The same apartment can be sold simultaneously by both the owner and several real estate agencies. The text is presented with slight changes and different prices per object. By carefully studying the advertisements, you can find the apartment you are interested in at the lowest cost and possibly from the owner. If you find an agency, the realtor shows the documents, explains the procedure for conducting the transaction, prepares a purchase and sale agreement, and accompanies you at the stage of submitting documents for registration of rights. It should be remembered that in this case the realtor represents the interests of the seller. The buyer protects his interests independently.

Buying an apartment through a real estate agency simplifies the process of purchasing an apartment. Procedure for purchasing an apartment through an agency:

A citizen contacts a company. Voices his wishes and requirements for choosing an option. The realtor advises and answers questions during the negotiation process.
Once mutual understanding is reached, a contract for the provision of services is concluded. The contract specifies the list of services provided, the amount of remuneration and the payment procedure.
The realtor is looking for suitable options. Shows them to the buyer. According to the option you like, the agent clarifies the information on the documents and begins preparations for the transaction.

When purchasing an apartment through an agent, possible risks for the buyer are minimized. The specialist checks the legal purity of the transaction and accompanies the buyer at all stages of registration.

What questions to ask when buying an apartment

Responsibilities of a realtor when buying an apartment

When signing an agreement with a real estate agency, carefully study the contents. The contract must detail the duties and responsibilities of the contractor. An approximate list of services that can be supplemented, changed, or canceled by agreement:

selection of lending options for the buyer (if necessary);
analysis of the housing market, according to parameters, characteristics and price, in accordance with the wishes of the customer;
agreeing on a time to view the apartment;
Negotiating with the seller on price and providing documents for verification;
checking the owner and the property to identify possible risks;
submit a report on the inspections carried out;
collection and preparation of necessary documents for the transaction;
drawing up a purchase and sale agreement;
participation in mutual settlements between the parties;
support when submitting documents for state registration of property rights.

A realtor can represent the interests of the buyer at the stage of preparation for the transaction, independently submit an application for state registration of rights, if he has a notarized power of attorney (Article 185.1 of the Civil Code of the Russian Federation).

Realtor's responsibility for the transaction

The realtor's liability comes only if an agreement is concluded with him. When drawing up the contract, the type of service provided, the duties and responsibilities of the contractor, as well as the procedure for resolving disputes are specified. The Contractor is responsible for:

checking the owners and the property being sold;
preparation of documents for the transaction;
ensuring conditions for client safety during settlements;
legal support of the client at all stages of the transaction.

If the client is dissatisfied with the fulfillment of obligations under the contract, he has the right to demand:

elimination of deficiencies at the expense of the contractor;
reimbursement of expenses incurred;
reducing the cost of the performer's remuneration.

If a transaction is required to be certified by a notary, the latter bears responsibility if, through his fault, errors occur that lead to losses for citizens. The property liability of the notary and the insurance institute guarantee compensation for such damage.

From January 1, 2021, new rules for the payment of monetary compensation to bona fide buyers for the loss of residential premises are in effect. This is additional protection for buyers affected by fraudsters.

Advantages and disadvantages of cooperation with the Academy of Sciences

Among the advantages we name:

quick selection of options according to the application;
bringing together buyer and seller;
contractual terms of work with AN;
other services (for example, collecting a package of documents).

Minuses:

the realtor is not responsible for the further fate of the transaction after signing the acceptance certificate;
he is not obliged to check the legal purity of the object;
is not a guarantor of the transaction in a legal sense, cannot be brought to court in case of problems with real estate;
charges a considerable fee for services.

If you consider that on average a realtor takes from 3% to 5% of the amount of the property, then why not use the saved 150,000-175,000 rubles (for an apartment price of 3.5 million rubles) to make yourself a luxurious renovation! Moreover, you can start from the date of registration of documents. While you wait, the company will make a project, and by the time you purchase the apartment, it will immediately begin work. You can rent an apartment that’s a little “tired” for this, but it’s cheaper. The main bonus is a fixed price per sq. m. meter and the work period is up to three months.

How to choose a real estate agency

Real estate specialists provide a wide range of services. How to find yours and not make a mistake in choosing? Please note the following points:

how many years the agency has been working in the real estate market;
number of employees and their specialization;
location of the company's office, presence of a sign with the name and operating hours;
official website of the agency indicating information about employees, services provided and their costs;
customer reviews.

Consider the professionalism and legality of the work performed by agency employees.

Which sites to look for an apartment to buy?

The Internet greatly facilitates the search for real estate and allows you to do without the involvement of third parties. Users can also get the necessary information about the property. Available sources of information:

Real Estate Databases . Access to them is free. For example, websites for purchasing apartments in St. Petersburg or another city in Russia are ru, sevgorod. ru, cian. ru, emls. ru.
Rosreestr . Here you can get the necessary information about residential premises and their owners;
MFC. Here citizens can independently complete the transaction and submit documents for registration.
Thematic sites . Here users can find detailed instructions for buying and selling an apartment.

How to check a real estate agency

You can check the legality of the agency’s work using a number of documents:

Order an extract from the Unified State Register of Legal Entities.
Check whether the real estate agency is in the Unified Register of Certified Companies and Certified Real Estate Market Specialists RGR.
Check with the agency whether the realtor assigned to you has an employment contract.
Find out if the company is insured against professional liability and for what amount. Ask to see your insurance policy.
Read the terms of the service agreement.

After reading the documents, read the contract carefully. If the contract states that the contractor is not responsible for the consequences of the transaction, but provides legal support, think carefully about whether you should agree to such services.

How to buy an apartment on the secondary market

Buying and selling an apartment through an agency on the secondary market has its own characteristics. The agent must check:

work of engineering communications;
absence of illegal redevelopment;
possible legal problems (false documents, lack of consent to the transaction from the second spouse, presence of minor tenants).

The procedure for purchasing an apartment through an agency involves maximum protection of the client’s interests. However, no one can guarantee 100% reliability of a transaction. Realtors are people too. They cannot predict all possible risks.

Sample contracts with a real estate agency for the provision of services

Depending on the subject of the contract, the contract with the customer will differ in content, duties and responsibilities of the parties.

Agency agreement (sample).
Agency agreement (sample).
Agreement on the provision of real estate services (sample).
Agreement for the provision of legal services (sample).

Buying an apartment yourself: pros and cons

Many people choose to search for an apartment on their own, believing that the main advantage of this option is saving on agency commissions. This is indeed true, but only partly, and we will dwell on this a little later.

Let's talk about the disadvantages. The main one is the inability to adequately cover and evaluate the entire market. Dozens of developers are building millions of square meters of housing, and to view all the options will require hundreds of hours of travel and viewings. Most working people simply don't have time for this. As a rule, after five or six views, people get tired of searching, settle on one of the options and make a deal.

Very often, after the purchase, it turns out that there was a property a couple of blocks away from you that would suit you better, and the price of apartments there is significantly lower. Unfortunately, such “stuffing” cannot be reversed. The second disadvantage is the high risks. It is quite difficult for an outsider to assess both the reliability of the developer and the quality of the houses being built. This could lead to a freeze in construction, delays in delivery of the house, terrible quality of finishing, or walls freezing in winter.

Lawyer's answers to frequently asked questions

Who sets prices for realtor services?

The cost of services is not regulated by law. Specialists set their own prices for their services. The cost of services depends on the following parameters: the region of the transaction, the complexity and duration of registration, the cost of the object. The realtor's services are paid for by the customer. You can find out more about the cost of realtor services → here

How to check an individual entrepreneur for permission to provide real estate services?

A citizen must have a certificate of entry into the Unified State Register of Individual Entrepreneurs. The extract from the Unified State Register of Individual Entrepreneurs contains information about the types of economic activities of this entrepreneur. As a rule, the realtor provides these documents upon meeting and the document data can be specified in the contract for the provision of services.

When should I pay for the services of a realtor?

The parties independently agree on the procedure and method of payment and stipulate it in the contract. As a rule, settlement occurs upon the fulfillment of obligations under the contract.

Is it possible to terminate a contract with a real estate agency?

You can terminate a contract with a real estate agency in cases where the customer’s life situations change or the contractor fails to provide services. The conditions and procedure for terminating the contract must be provided for in the contract for the provision of services.

Who should pay real estate commissions?

Of course, the one who needs such intermediary services pays. If you need to sell real estate, then you pay for the services of a broker to find a buyer; if you need to buy living space, then you pay for the selection of housing options that suit your parameters.

However, often it is the buyer who pays. This fact is based on the fact that apartment owners very rarely contact the agency with a request to put their property up for sale. Most of them prefer to submit free advertisements in newspapers or on websites where intermediaries will find them themselves. This way they avoid paying realtor fees. True, in this case, several intermediaries take on the sale of the same property at once. Knowing that they have competitors who can get ahead of them or negotiate with the owner for a faster sale, many brokers consider this a risky deal and will not invest additional effort or money in special promotion of such a property.

As a result, several clone advertisements appear at once, about the sale of the same apartment, only with different prices for it. By calling, you will find out that, unfortunately, this property has already been sold, but there is another, better one at the same price. That is, the realtor will always try to sell exactly the property with the owner of which he has a sole agreement. Therefore, do not try to save money and always choose one real estate agency, otherwise your apartment may take years to sell.