What questions should you ask the manager when buying an apartment?

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Before purchasing, the Buyer will need to check the selected apartment for legal purity. The first stage of such verification assumes that the Buyer will ask certain questions either to the Seller or to the Seller and the realtor (with the participation of the latter in the purchase and sale transaction). Discussing all the nuances in person will help the buyer protect himself from possible risks, because this way he will receive information in advance about the pros and cons of a particular residential premises. So what questions should you ask when buying an apartment?

What to ask the apartment seller

Initially, we learn about the object of our dreams from an advertisement. Satisfied with the location, technical characteristics, liked the photos. What to do next? The ad contains the seller's contact numbers, so feel free to call and first find out some points that will help you decide whether to make an appointment to view it or not to be interested in this apartment anymore.

During a telephone conversation, it is important to get answers to the following questions:

• Who is selling the apartment - the owner, realtor or representative by proxy?
• Why sell an apartment - buy another, change place of residence, need to pay off debts?
• Who owns the apartment - a family with/without children, a single pensioner?
• The basis for the emergence of law - privatization, inheritance, donation, purchase?
• Who is registered in the apartment - owners, citizens who are not family members?
• Are there any encumbrances?
• Who is involved in processing the transaction and who will pay for these services?

From the answers to these questions, it becomes clear what you are buying, what difficulties may arise, whether it makes sense to look at this apartment and continue to process the purchase and sale transaction.

Many on the other end of the line either don’t know the answer to these questions and tactfully ask you to call back later or leave your contact details for communication. Others answer briefly: there are no encumbrances, all documents for the apartment are in order and ready for the transaction. Still others are annoyed by such “clever people.”

You must remember: YOU pay, YOU take the risk first of all. It’s easy to be left without a purchased apartment, but it’s almost impossible to get your money back.

If the seller and realtor are interested in selling the property, they will answer all your questions, take an interest in your situation and tell you how best to proceed so that the interests of all participants in the transaction are taken into account. Now let's take a closer look.

How did the owner get the apartment?

The apartment may belong to the seller on the basis of an agreement:

• for the transfer of residential premises into the ownership of citizens (privatization agreement);
• purchase and sale;
• barter;
• donations;
• annuities;
• certificates of inheritance;
• the court's decision.

An apartment that belongs to the seller on the basis of a privatization agreement, a certificate of inheritance, or a court decision must be treated carefully and with caution.

How many owners are there in the apartment?

You can find out how many owners there are in an apartment from an extract from the Unified State Register of Real Estate (USRN). You can ask the seller for an extract or order it yourself on the Rosreestr website. From the extract you can find out how many people have ownership rights and how it is registered.

If a share in ownership is being sold, the seller must have a document confirming the refusal of other owners of the pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation).

If shares are sold by all owners, it is important that they agree to the terms of the sale and are present when the transaction is completed.

Are there minor owners?

If one of the owners of the apartment is a minor child, to carry out the transaction it is necessary to obtain permission from the guardianship authorities. The child must be provided with housing in which his share will be no less and the conditions no worse than in the apartment being sold.

If an apartment that was purchased with maternity capital funds is being sold, it is important that all family members (both spouse and children) are allocated shares in the apartment being sold.

Otherwise, the spouse or children will be able to challenge the deal upon reaching adulthood.

What is the history of the apartment

It is important to know how many times the owners of the apartment have changed and for what reasons. If the apartment was often resold, exchanged, or given as a gift, this is a reason to be wary. The extract from the Unified State Register indicates the date of registration of the right, which confirms the words of the seller about the period of ownership of the property.

It’s good when the seller is the only permanent owner of the apartment for the last 3-5 years.

Marital status of the apartment seller

If the apartment was purchased by the seller before marriage, received by inheritance or as a gift, no additional documents are needed.

If you purchase an apartment during marriage and register it in the name of one of the spouses, the consent of the second spouse to the sale is required. Consent must be notarized.

If the spouses are divorced, and the apartment was purchased during marriage and was registered in the name of one of them, but there was no division of property between the spouses, then in this case, the consent of the second spouse to the sale is mandatory.

Who is registered in the apartment being sold?

You can find out about the citizens registered in the apartment from the Extract from the tenant's house register. This certificate is issued to the owner by the management company. The certificate indicates who is registered in the apartment, when and by whom the owner belongs. The extract contains information about temporarily discharged citizens who are in the army, places of imprisonment, or studying. It is better not to stay in an apartment with temporarily discharged persons. This category of persons is difficult to discharge even in court.

It is advisable to indicate in the preliminary purchase and sale agreement that before signing the main agreement, all persons registered in the apartment must be discharged.

Are there any restrictions on rights and encumbrances?

Information about restrictions on rights and encumbrances is contained in section 2 in the extract from the Unified State Register of Real Estate. This section contains the following information on the object:

• type of restriction of rights and encumbrances;
• date of state registration;
• state registration number;
• the period for which the restriction of rights and encumbrance is established;
• the person in whose favor the restriction of rights and encumbrance has been established;
• basis for state registration.

How to find out if there is any redevelopment in the apartment

When inspecting the apartment, pay attention to the layout and check with the seller whether any alterations have been made. It is better to ask for a technical passport of the apartment and compare the actual layout with the plan.

If the redevelopment is not legalized, the new owner will have to do it himself. Legalizing redevelopment is not a cheap undertaking and is not always possible. Therefore, the new owner faces a fine and an obligation to return the apartment to its original condition for illegal redevelopment.

Are there any debts for housing and communal services?

To make sure there are no debts, ask the seller for a certificate of no debt on utility bills, signed and certified by the seal of the management company or HOA.

Ask about the condition of the utility networks: whether the heating system, water supply, and electrical wiring have been changed.

Check the electricity and water supply meters for the date of installation and the next replacement period.

Who are the neighbors of the apartment seller?

Ask the owner about his neighbors and how he characterizes them. After viewing the apartment, talk to the neighbors on the site, the grandmothers on the bench at the entrance. You may learn something new about the management company, the residents, and the seller of the apartment.

Don't be shy, write down the owner's answers to questions, information received from neighbors, and your observations.

At home in a calm environment, re-read, analyze the information received and make a decision.

Is the apartment privatized?

Perhaps this question should be asked very first. Despite the fact that the amount of non-privatized living space on the real estate market tends to zero, this option should also be taken into account.

The amount of the state duty for issuing a document certifying the right of ownership of housing will cost quite a bit.

Even if the living space has been privatized, you need to ask the realtor how many citizens were registered at the time of privatization. The problem is that in addition to the owner of the apartment, there may be other entities applying for housing. Make sure in advance that you have a legal opinion on the refusal of privatization to another person - to protect yourself from unnecessary problems.

What questions to ask a realtor when buying an apartment

Questions for a realtor about a property are the same as for the owner. Regarding the activities of a specialist, it is important to clarify the following points:

• what agency does he work for?
• how many years in the profession;
• what professional field does he specialize in;
• number of transactions in progress;
• how much do the services cost?
• procedure for payment for services;
• what services it provides;
• responsibility for the transaction.

Officially working specialists have documents allowing them to engage in this type of activity:

• Certificate of state registration of a legal entity or individual entrepreneur.
• Certificate of tax registration of a legal entity or individual entrepreneur.
• An extract from the Unified State Register, which indicates the codes of the types of economic activities of a legal entity or individual entrepreneur.

When to be especially careful

In what cases should you be especially careful, check everything more carefully and if in doubt it is better to refuse the transaction:

• The property was purchased recently – less than a year ago.
• Frequent changes of owners for various reasons.
• Sale by proxy.
• Inherited apartment.
• The apartment has been placed under arrest or other restrictions.
• The owner is a citizen from the “risk group”.
• Hidden technical flaws.
• The price is much lower than the market price.

There is always a choice, the decision is yours. Avoid dubious and tempting offers. Don't expose yourself to unnecessary danger.

Lawyer's answers to frequently asked questions

We decided to buy an apartment from the developer. What questions should you ask, what should you pay attention to?

To begin, go to the company’s official website and study the information provided. At the meeting, check the availability of a license and project documentation. Is everything okay with permission to use the land? What are the deadlines for completion of construction, the price of the object and the payment procedure. Read the standard agreement carefully. Ask, clarify, ask for clarification of any unclear points. At the time of signing an agreement with the developer, you must clearly understand the procedure for conducting the transaction, know your rights, and do not forget about the responsibilities and obligations assumed.

We are selling an apartment. The owners are me and my minor son. The buyers came with their realtor. I liked the apartment, they said prepare the documents for sale and let's go and register. I'm selling an apartment for the first time, I have a lot of questions. What should I do?

Selling an apartment with a minor owner is not easy. It is necessary to obtain permission from the guardianship authorities. In your case, it is better to talk to the realtor who represents the buyers. Use her services to prepare your apartment for sale. This specialist will be interested in the successful completion of the transaction, as he represents both parties. This is convenient, but you will have to pay for the services of a realtor. Or contact another lawyer who will prepare for the sale of your apartment. You decide.

My husband and I are arguing about buying an apartment, which is being sold by a representative by proxy from the owners. I'm afraid to buy such an apartment. How to protect yourself?

Your fears are not unfounded. Selling an apartment by proxy is one of the most common methods of fraud. First of all, carefully study the power of attorney: when it was issued, for how long, what powers the trustee has. Check with the representative: why the power of attorney was issued, where the owners are, how they feel and whether it is possible to contact them. Remember, the power of attorney can be revoked from any notary an hour before the transaction. Contact professionals - they will help you identify the pitfalls of such a deal.

List of financial issues and market questions

Clearly decide for yourself and let the realtor know how much you are willing to invest in the transaction, as well as what sources of financing you currently have. The further scheme of interaction between the realtor and you will depend on this.

If you need a loan, ask your realtor to recommend a reliable bank or mortgage broker. If you need to sell your old property before purchasing a new property, then be sure to notify your realtor. After all, this procedure can significantly affect the timing of the transaction.

Don't miss the opportunity to ask your realtor questions about the state of the market. This will allow you to understand how quickly your transaction will be completed:

1. At what level is the market today: on the rise or decline?
2. What is the cost per square meter of the objects that interest you (on average)?
3. What is more on the market today: supply or demand?