How not to buy a “pig in a poke” when choosing an apartment? A clever seller can easily fool an unlucky buyer, who, as a result, will be forced to sort out a pile of “expensive” problems or even lose his money.
At the stage when a suitable option seems to have been found, it is extremely important not to be overwhelmed with joy and to ask the seller the right questions before taking steps towards concluding a deal.
So, let's figure out what you need to ask the seller and what you should find out about the apartment before buying in order to avoid painful losses.
Criterias of choice
Usually people know in advance in which area of the city they would like to buy an apartment.
The future place of residence may be determined by work, an educational institution for the child, a favorable environmental situation in the area, an old dream or budget.
What you should pay attention to when choosing your dream home:
- parking and free parking spaces (for motorists);
- bus stops;
- grocery and hardware stores;
- kindergarten and school;
- children's and adult clinics;
- park, square, playground, stadium;
- other infrastructure;
- clean entrance;
- reputation of the selected area.
When a mortgage is issued for the purchase of residential premises, the bank can put forward its own requirements for the selected object.
The choice of an apartment in a new building, according to the bank’s requirements, must meet the following conditions:
- the construction company or developer must have existed in the housing construction market for at least 5 years;
- there should be no delays in the delivery of construction projects for at least one year;
- the presence of at least two mass or spot development objects put into operation;
- absence of litigation;
- stable reputation in the construction market.
The choice of an apartment on the secondary market, according to the bank’s requirements, must meet these conditions:
- the purchased property must be a full-fledged apartment (not a room);
- the apartment must be located in the mortgage program area (information can be obtained from the bank);
- the apartment must comply with all plumbing standards (working water supply, heating and sewerage channels);
- the house in which the apartment is located should not have the status of emergency or dilapidated housing.
Decide what is important to you
- it is assumed to be purchased with your own funds or with a mortgage - the latter implies additional restrictions on the question of which apartment to choose;
- what is your spending ceiling,
- desired footage,
- Does the layout of the apartment matter to you?
- which areas are suitable,
- What is more important for you is the proximity of the metro or good highways,
- Is housing on the top floors suitable?
- exclusively brick house or other options are acceptable,
- the presence of a loggia or balcony in the apartment and their dimensions,
- green yard and parking,
- Are you planning to overhaul a new apartment or just refresh the walls?
- Are you going to receive a tax deduction for the costs of purchasing housing?
Buying an apartment in a new building
As a rule, apartments in a new building have a wide choice of layouts and high-quality turnkey renovations, which may result in an increased cost of housing. Therefore, many try to purchase apartments in advance, even at the foundation pit stage.
Where to start the process of choosing an apartment in a new building?
Readiness degree
When buying an apartment in a new building, the first thing you need to pay attention to is information about the deadlines for its completion (if the project has not yet been completed). It would be a good idea to find out about the reputation of the developer or management company.
If the readiness has already been officially approved, the house has been handed over and all communications have been connected, it is best to verify this personally: when inspecting the apartment, be sure to check whether there is electricity, water and a sewage system.
If none of this exists yet, but the developer undertakes to resolve the issue with communications as soon as possible, then it is better not to risk it.
Many new buildings can wait more than one year for communications to be installed.
You can also join a group or register on a forum dedicated to the construction of the selected house. There you can find out and discuss all the problems of the house with other buyers.
If, during an inspection of an apartment in a new building, defects were noticed, then the developer can be required to correct them at his expense.
Developer verification
You should request all documents from the developer or his authorized representative, which must include:
- building permit;
- investment contract;
- project declaration;
- constituent documentation;
- developer license;
- insurance contract (in case of bankruptcy of the company);
- expert opinion on the construction of a multi-storey building;
- House project.
Types of finishing in a house under construction
In a new building you can find the following options for finishing apartments:
- without finishing.
This type of finishing includes the presence of all communications, the front door, plastic windows, leveling the walls and screeding the floors. It is not recommended to live in such an apartment without preliminary repairs; - pre-finishing.
It includes all of the above, as well as interior partitions and doors. - "Full construction".
This type of finishing includes the presence of plumbing and bathtubs; as a rule, wallpaper is already hung on the walls, there are window sills and slopes on the windows, as well as floor covering (linoleum or laminate); - municipal finishing.
Everything is included as with turnkey finishing, only using low quality materials. Most often, this type of finishing is used in social housing construction programs.
Is money required?
Of course not. If it comes down to paying upfront for a home inspection, they are scammers (how can you protect yourself from scammers?). After all, it is in the interests of the owners to sell real estate , and it is in yours to completely purchase the same premises.
There are a lot of deceivers in this matter; as soon as money comes up, you can immediately determine what kind of interest the offerer has.
Buying an apartment on the secondary market
When choosing an apartment on the secondary market, you need to be prepared for a more thorough check of both the seller and the apartment he is selling.
When purchasing a “secondary” property, you should find out whether there is temporary registration with third parties or whether the registration of the former owners is no longer valid. All documents must be provided to the buyer.
Several decades ago, during the privatization of housing, many children under 18 years of age were not included in the number of apartment owners. There were also cases when a registered resident (by registration) refused to participate in the housing privatization process. Such cases led to the fact that the right to use the apartment remained with this person, even if new owners appeared in the apartment.
In order not to encounter these problems and not lose money and an apartment, you need to know how to safely buy an apartment on the secondary market
Papers for obtaining a home loan
If the buyer does not have enough own funds, the way out of this situation is to purchase the premises with a mortgage. Initially, the seller must provide all of the above documents.
The buyer should study the papers in detail. Don't rely on the bank. The company does not always check the legal purity of the transaction instead of the client. The organization only monitors that the list of documents is complete. If the owner of the apartment turns out to be a fraudster, the company is not responsible for this.
When contacting a financial institution, the buyer must have with him:
- documents provided by the seller;
- identification;
- income certificate;
- a copy of the work book certified by the employer;
- papers for valuable property, if owned;
- apartment assessment results.
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What questions to ask when buying an apartment
How to check an apartment before buying when talking with the seller? Let's look at the main questions that should be asked to the owner or his representative in order to complete the first step of the transaction.
- first of all, you need to find out who the owner of the property is and meet with him directly;
- on what basis was ownership of the apartment obtained;
- who is registered today and who has been discharged from the apartment;
- whether the owner has children under the age of majority and a spouse;
- the presence of third parties who may claim ownership or use rights;
- are there hidden defects in the apartment (bathroom, pipeline);
- ask about your neighbors: is it easy to find a common language with them, have there been any conflicts, etc.
Answers to your questions must be supported by official documents certified by a notary.
Visiting hours
Let's think about what is the best time to buy an apartment. The inspection period should be selected during the daytime. It will make it clear how bright the apartment is. And it is thanks to this lighting that you can more carefully examine all the shortcomings.
Viewings are often carried out with the owners of the house, which is why you should listen to their words very carefully. When negotiating with the owners, agree only to an individual showing, this way you will be able to inspect the premises completely.
Checking legal purity
This procedure is absolutely necessary when purchasing housing on the secondary market in order to avoid the risk of losing the apartment after the transaction is concluded.
This issue can be entrusted to real estate specialists or lawyers. You can also do this painstaking work yourself, the main thing is to know all the legal nuances when buying an apartment.
What documents are needed to purchase an apartment on the secondary market?
The seller must have documents on the basis of which he has ownership rights.
- the owner
must have with him an extract from the Unified State Register of Real Estate and a technical passport of the apartment; - co-owner
- also an extract from the Unified State Register, a document on the right to shared ownership, the consent of the remaining co-owners to sell the property, documents for the apartment, a technical passport; - heir
- documents for the apartment and a document on inheritance, gift agreement. In all cases the reason must be stated; - realtor
- agreement with the owner and power of attorney to conduct the transaction; - authorized person
- power of attorney, technical passport, extract from the Unified State Register (about the owner).
All documents must be certified by a notary and valid.
You can check the documents yourself or entrust this work to a lawyer. In any case, you should pay attention to the dates of drawing up the document and transferring ownership of the apartment. If the purchase and sale agreement specifies conditions, it is also worth considering whether the specified conditions have been met.
History of the apartment
To check the history of the selected property over the past decades, you need to order an extract from the Unified State Register of Real Estate Rights.
Up-to-date information about the apartment has been collected in the state register since 1998: there you can find out how often the living space was sold, whether there were disputes, arrests, litigation, etc.
Technical condition
To assess the technical condition of the purchased property, you need to request a certificate in advance from the Technical Inventory Bureau (BTI) and familiarize yourself with the technical passport of the object.
Changes to the layout must be officially documented and agreed upon. Otherwise, if the previous owner did not do this, then the court may require the new owner to return the apartment to its original condition.
Salesman
In addition to documents for the apartment, you should ask the seller for a copy of his passport in order to check the data in the register of invalid documents. All documents provided by the seller must be valid and legally certified.
You should also ensure the adequacy of the owner. You can talk to your neighbors and ask for a certificate from a psychiatrist.
Frequent problems after purchasing an apartment on the secondary market and their solutions
Problem
: after the completion of the transaction, the former owner stated that at the time of signing the purchase and sale agreement he was in a state of passion or acted under pressure from the buyer.
Consequences
: the apartment is returned to the seller.
By court decision, the buyer is returned in installments the amount specified in the contract. Solution
: when signing the contract, take a receipt for the transfer of money to the seller in the presence of witnesses (for example, a notary and relatives of the owner).
Problem
: a previously unidentified tenant showed up (served a prison sentence, served in the army, was considered missing, etc.).
Consequences
: such a person has every right to live with the new owners and be the owner of a share of the apartment.
Solution
: at the passport office, check all the persons registered in the ownership of the property being purchased. Obtain consent to sell from each of these persons, certified by a notary.
Problem
: the realtor is a fraudster, he absconded with the money for the apartment or is working in collusion with the owner.
Consequences
: the apartment and money most likely will not be returned.
Solution
: When choosing a real estate company, check it out immediately. Always insist on contact with the owner. Independently check all the data from the Unified State Register of Real Estate (USRN). The transaction (transfer of money) should be carried out strictly in the bank through a safe deposit box in the presence of all individuals and legal entities related to the transaction (owner, notary, realtor, lawyer).
Problem
: illegal redevelopment was previously organized in the apartment.
Consequences
: payment of a fine of two thousand rubles and legalization of uncoordinated repairs.
Solution
: ask the owner to legalize the repair.
Additional Tips
It is worth studying in detail all the features of the transaction. It is important to make sure that the apartment has been privatized. The premises should not be located in a dilapidated or dilapidated building. If the choice falls on such housing, it is worth obtaining information about possible reconstruction or planned resettlement. It is worth making a purchase in spring or autumn. In winter the market is in decline due to holidays, in summer due to vacations.
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You should not rely on the bank or the integrity of the realtor. It is necessary to check the legal cleanliness of the apartment yourself. It is recommended to carry out the inspection during daylight hours. There is no hurry. Don't be shy. It is better to ask all questions directly. It is necessary to talk about the premises not only with the seller himself, but also with the neighbors. During a formal conversation, the buyer can find out important details about the area, housing, features of paying for utilities, etc.
Buying an apartment through an agency and realtor
It’s up to you to decide whether to go on an “independent voyage” or turn to a realtor for help.
The participation of a specialist in a real estate transaction has advantages, but also costs a lot of money.
Operations related to the purchase of a home take a lot of time and effort. Some people have to take time off from work in order to fully immerse themselves in solving the housing problem. However, buying an apartment can take from two months to a year, which means that even a four-week vacation will not save the situation.
Purchasing living space is not an easy purchase, which has many subtleties and pitfalls. It will be difficult for the average person to keep in mind all the sensitive aspects of the transaction.
However, even the most respectable real estate agency cannot guarantee the reliability of the transaction.
For example, if a “secondary” property is sold initially for the purpose of fraud, a citizen who is on a long-term business trip or in prison may be deliberately written out of the house register. Such information is quite difficult to verify, since upon return a person can make a claim even many years after the apartment was sold.
If the transaction was completed through a real estate agency, but subsequently unpleasant surprises surfaced in the form of previously unknown owners, then it is unlikely that you will be able to receive compensation or assistance from the agency even in court.
Any company that provides real estate services tries to protect its business from possible conflicts and reduces its liability to a minimum. Therefore, in the purchase and sale agreement you can find a warning that the company is not responsible for possible consequences following the completion of the transaction.
Advantageous position
If you understand that you won’t be able to do without a realtor, then in order to avoid all fears and risks and large financial investments in a real estate agency, you can do the following:
- carefully choose a real estate agent or law firm. It may be worth listening to the recommendations of friends or family, those people around you whom you trust;
- do not purchase the full package of agency services. For example, you can find an apartment yourself in which you would like to live and order through the agency only a check for legal purity and assistance in preparing documents;
- obtain title insurance for your property. This is a special document that can protect the buyer from the risk of losing ownership of the purchased living space. If the apartment is sued from the new owner by the former owner, the insurance company pays its client an amount equal to the value of the housing that he lost.
Some banks will refuse to provide a mortgage on real estate without title insurance.
Preparation of a preliminary purchase and sale agreement
By collecting documents, the buyer and seller can secure the agreements reached in advance. To do this, a preliminary purchase and sale agreement is drawn up. Taking action is not mandatory. Preparation of the contract is practically no different from drawing up the main DCT. All agreements reached are recorded in the text of the document.
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Often the paper reflects a clause regarding the payment of an advance or deposit. The payment amount ranges from 1 to 10% of the cost of the apartment. The fact that funds have been provided must be confirmed. For this purpose, a deposit agreement and a receipt are drawn up. There is no need to register the preliminary agreement with Rosreestr. Typically, paper is used if the seller and buyer are confident in their intentions, but they need time to collect the full amount of money, prepare documents, and so on. The contract must specify the date of conclusion of the main agreement. Until this moment, all issues must be resolved.
Sample preliminary agreement for the purchase and sale of an apartment
Assessment of the area near the house
Criticism of the area near the building should be done with caution. Before you make the journey, calculate how much time it took to travel and what kind of transport you used for the trip. Take a walk near your home and look around to see if there are any negative factors that could influence your decision. It is best to do a full inspection during the day and evening.
Identify all the nearest settlements that you may need: pharmacies, hospitals, convenience stores.
Act
To understand the condition of the apartment, you should prepare a special document. Currently, such a document is an inspection report.
It includes:
- date of inspection;
- geolocation of the building (full address);
- surnames of the owner and buyer;
- building layout and construction;
- information about the new layout and its legal adoption;
- inspection assessment: positive or negative (detailed description);
- signatures of both parties.
