Checking the legal purity of an apartment before purchasing is a guarantee that you will not lose your funds and the purchase itself in the future, because Independently studying the object of sale or delegating this work to a realtor can take a lot of time, and neither the buyer nor the agent without specialized education can know all the intricacies of this procedure.
Buying an apartment is a very important step in the life of any person or family: some save for housing for a long time, not allowing themselves too much, others take out loans that can be paid off for decades, and for many people such a purchase is not only a waste of money, but also an opportunity to improve quality of life, which is priceless. Therefore, such a responsible act as buying a home should be as thoughtful and balanced as possible, both in terms of the quality of the object and from the point of view of the legal purity of the transaction.
Why is it so important to check documents before purchasing an apartment?
- Good Reasons for a Buyer to Inspect a Property
For ordinary citizens, checking legal integrity is especially important, since not only the future life of the family, children, etc., but also considerable money is at stake.
If an unexpected surprise comes up at the transaction stage and the deal is declared invalid, it will most likely not be possible to fully return the painstakingly accumulated money. And if you fall for scammers, the consequences are generally extremely difficult to predict. In the case of the most negative outcome, you risk being left both without an apartment and without money.
- Good reasons for a seller to have a property inspection
The seller should also not neglect to check all the nuances, if only because of his additional security.
After all, if the transaction is declared invalid, the funds will have to be returned. In general, it is safer and more profitable to buy real estate with a professional realtor, lawyer or through reliable, popular agencies. But if this option does not suit you for some reason, you can always use useful online real estate verification services.
Online service Dominfo
This is the first online service that checks an apartment using 27 databases for arrest, bail, and various restrictions.
In addition, the service contains all the information about real estate, management companies, developers and housing and communal services. So, as a result of checking the property of interest, you will have a complete history and full names of all previous owners, who, by the way, will be checked against “black lists”. Your final expert report will contain all documents from the Rosreestr and Unified State Register database, which are signed with an electronic digital signature and have legal force.
What I would like to especially note. This service was created by professional real estate lawyers who understand such issues better than other specialists. Moreover, in addition to the inspection, you will be able to manage your home and pay all utility bills on time.
Advantages of the DomInfo service:
- Upon registration, a free “Extract from the Unified State Register” for your property
- Upon registration, a free “Certificate of cadastral value”
- Opportunity to learn about current announcements from housing and communal services
- It is possible to obtain information about housing and communal services tariffs
- Chat with neighbors at home
- The ability to quickly obtain information about cap. repairs
- There is an option to “Submit a Complaint”
The final report looks like this:
What is included in the procedure?
To assess the legal cleanliness of an apartment, you should pay attention to several important facts. The information must be analyzed very carefully, so it is better to provide the data to a specialist. Our lawyer checks the cleanliness of the apartment according to a certain scheme.
Inspection of documents establishing the seller's ownership
The owner of the property must provide a purchase and sale or donation agreement, a rental agreement, a certificate of inheritance, and an exchange agreement. Sometimes the owner shows a court decision that has entered into force, according to which he is the legal copyright holder. The specialist examines the papers for uncertified corrections, falsifications and erasures.
Analysis of state registration of the contract and the history of the apartment
An extract should be obtained from the Unified State Register of Real Estate. The Unified State Register of Real Estate has collected detailed information on real estate since 1998: property disputes, transfers of ownership, seizures of property, prohibitions on transactions.
The extract allows you to check the apartment according to the following parameters:
- registered rights to real estate;
- legal claims to the object;
- current restrictions and encumbrances;
- frequent resales (an alarming factor);
- the presence of arrests and disputes with a statute of limitations.
Transactions related to the purchase of an apartment may be declared invalid within 3 years, but in special cases the statute of limitations may be extended to 10 years. If the statute of limitations for the conflict has not expired, the legal owners who have the right to the apartment by court decision will most likely appear on the buyers’ doorstep.
We order this document ourselves, as we must personally verify its authenticity. Receiving papers by the Buyer on his own is a real problem. You will need the cadastral number of the property, an identity card, a written application and a receipt for payment of the bill for the government service.
An extract from the Unified State Register for an old apartment that is not registered with Rosreestr can be replaced by a request to the Housing Policy Department.
Evaluation of the purchase and sale agreement
Checking the purity of the transaction when buying an apartment involves our lawyer searching for conditions that could lead to termination of the agreement. The specialist will monitor compliance with all agreements.
Emphasis is also placed on the presence of inconsistencies. For example, a gift or will from an outsider and the owner’s desire to urgently sell the property immediately after receipt.
Identification of redevelopments
The seller is asked to contact the technical inventory bureau. Papers from the BTI will allow you to detect illegal reconstruction and redevelopment. It is also determined whether the house is subject to demolition (especially important for housing on the secondary market).
Owner verification
In this matter, the lawyer will have to become practically an investigator. First of all, it is necessary to assess the authenticity of the passport. The procedure is carried out on the official website of the FMS (Federal Migration Service of the Russian Federation) or in territorial divisions.
Next, the seller’s capacity is determined. The sale of an apartment may be canceled if the owner is incapacitated.
The authenticity of the issued power of attorney (notarized document) is verified. The powers of the representative are being studied: perhaps he only has the right to sign an agreement, but not to receive money.
It is checked whether the Seller is among the bankrupts, since all transactions made by a bankrupt during the year can be cancelled.
Checking the rights of third parties
We check the information contained in the archival extract from the house register (the document contains data on people registered and deregistered from the apartment since the construction of the house or for the next 25 years and their rights to further residence (sometimes even after the sale)).
Checking legal integrity includes searching for citizens who can present legal rights to use real estate after a long absence. Reasons for falling into the category of temporarily discharged persons:
- long-term treatment (for example, in a psychiatric clinic);
- serving a prison sentence;
- Military service;
- care in a nursing home;
- stay in educational institutions.
It is impossible to evict such “outsiders”. Our specialist will find out whether there are minor children among the owners and whether they are registered in the apartment. Failure to respect the interests of this category of owners may lead to further cancellation of the transaction.
Also among the reasons for terminating the purchase and sale agreement are the objections of the owner’s spouse (including former spouses) to the real estate transaction. If the seller is married, the consent of the second owner must be notarized. It happens that the seller deliberately hides the presence of a spouse who has the right to claim ownership of the apartment being sold.
Checking the apartment for encumbrances
If there is any complication, the transaction is invalidated, or other persons claim the residence. Encumbrances include arrest, pledge, lease, rent, easement.
The tenant can live in the apartment until the end of the lease. Seizure of an object prohibits all real estate transactions. Encumbrances under the Rent Agreement cease only after the death of the annuitant, and all rights to dispose of the housing are transferred to the rent payer.
Among other things, our lawyer will check the property for debts. If the apartment was put up for sale with unpaid utility debts, all obligations to repay the debts rest with the new owner. A negative situation can only be avoided by introducing appropriate clarifications into the contract and paying off debts by the seller.
Legal inspection of an apartment for cleanliness takes a lot of time and effort. At different stages, special knowledge, knowledge of the issue and the ability to defend one’s rights are required. It is also quite cumbersome to collect all the documents to check the apartment before buying it yourself.
Online service DomClick from Sberbank
Another equally popular online service for searching, selling, buying and renting residential and commercial real estate, as well as obtaining a Sberbank mortgage.
Pros:
- Here, the legal check of the property before purchase is also checked by a lawyer. As a result of the check, you get:
- Legal opinion
- Written legal opinion in electronic form
- Detailed recommendations from lawyers to reduce risks and additions to the purchase and sale agreement
- Documentary proof that you are a bona fide buyer
What does the service of checking the legal cleanliness of an apartment include?
Analyzing the legal cleanliness of an apartment is a rather labor-intensive, long and often complex process that requires knowledge and experience.
Let's briefly look at what the legal review service includes:
- Legal analysis of the method of creating an object;
- Analysis of documentary and legal features of the property, history of ownership of the property;
- Legal analysis of the legality of transactions with real estate: authenticity of documents, correctness of documentation, infringement of someone’s rights;
- Legal analysis of the legality of ownership of the property by the Seller;
- Legal analysis of encumbrances and restrictions on the use of real estate;
- Analysis of the possible consequences of purchasing a property.
Online service Rosreestr.net
Online service for ordering an extract from the Unified State Register and checking real estate from Rosreestr.
Pros:
- As a result, all extracts are confirmed by the official electronic signature of the FKP Rosreestr.
- If the extract is not found or technical failures occur, the online service guarantees a full refund upon request of citizens.
Minuses:
- Long execution time
Of the obvious disadvantages, the long execution time is striking - from 6 hours to a day. The maximum formation time is 3 working days. day.
- Limited number of services provided
However, this service only provides the service of filling out an application for receiving official extracts from the Unified State Register of Real Estate and legal verification of real estate.
To summarize, I would like to repeat once again - there is no need for excessive haste before purchasing real estate. As a rule, attackers deliberately rush buyers so that they do not have time to see the catch. Read the documents carefully and make every decision carefully and thoughtfully. If you don’t understand something, don’t close your eyes to it, it’s better to ask questions. If something confuses you about the apartment, its owners or documents, contact a professional.
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