- 16.4.2018
- 29164
Before buying a private house, among other things, it would be nice to find out what kind of cigarettes the seller smokes and what kind of car he drives. This will tell you a lot about the condition of the building... The first acquaintance with a finished house using inspection techniques is more difficult than any apartment. If urban housing, one way or another, can have standard designs, then private houses are rarely similar. The matter of choice is complicated by the properties of the land plot. To use the time allotted by the seller and find out as much information as possible about the property, you need an action plan.
There are so many finished or almost finished houses on the market today that if the desire to buy a house is really strong, then it’s not difficult to find an interesting option. The main thing is to weed out clearly problematic ones as early as possible.
Buying a country house traditionally begins with searching for current offers on the Internet. Currently, the METRTV.ru portal contains more than a thousand advertisements for the sale of cottages, summer houses, and gardens.
Rate the property
Sellers set the price themselves, and buyers are often afraid to even ask how it was determined. There is a psychological effect at work here, based on the fact that, having already spent a million or more rubles on a purchase, you do not notice the extra 100–200 thousand, not to mention a couple of dozen. However, as with any product, the price of real estate can be reduced both during inspection with a realtor and during the signing of the contract. It is best to contact a specialist, and only then offer a notarized document on the price of the proposed property to the owner. He will be forced to find a compromise. The report identifies several key characteristics of the property, its shortcomings and an analysis of the real estate market in a particular area.
When assessing market value, take into account:
- Location of the site.
- The infrastructure of the proposed area, including specialized infrastructure, at the request of the client (kindergartens, schools, metro stations).
- Environment and its ecology. If this is a village, then the air will be clearly cleaner than in the city.
- Nearest property. It often influences prices by 50 percent.
Do not forget to check the year of construction and communications, as well as the quality and topography of the site. If you find at least a few flaws in the mat. condition of the object, you can actually save a decent amount.
What uses of loopholes in the contract does the purchase of real estate allow?
What amount should be included in the purchase and sale agreement for a house?
After changes were made to the tax regulations for the sale of real estate in 2021, the terms of ownership for carrying out the corresponding transaction without a refund of income tax in the amount of 13% have changed. The tenure period was extended from 3 to 5 years. If the seller owns the house for up to 5 years, he can offer the buyer to indicate the price in the contract is less than 1 million rubles. The second party has the right to refuse such an offer. If the amount specified in the contract is less, then the tax will be charged on 70% of the cadastral price of the property.
In the case where the contract specifies a cost of more than 1 million rubles. the buyer will be required to pay the seller 13% tax on this amount. From an economic point of view, this situation is not profitable, since the money will be invested now, and it will be possible to withdraw it in parts over several years and only if the income tax was not withdrawn earlier.
What should the seller check?
The seller needs to check the validity of the buyer’s identity and passport data in order to exclude the possibility of concluding a transaction with a person wanted by law enforcement agencies, or acting on forged documents, otherwise such a transaction may be subsequently declared illegal by the court, and if the judicial authorities suspect collusion between the seller and the buyer, then all material assets specified in the contract may be confiscated in favor of the state (this also includes funds received by the seller).
If the buyer pays the transaction amount in cash, then it is important to ensure their authenticity. This service (verifying the authenticity of paper money) is provided by commercial banks.
What should the buyer check?
The buyer will have to do more painstaking work checking documents when buying a house with a plot.
Since a plot of land with a residential building (objects of the transaction) is subject to purchase, then, according to § 7 of the Civil Code of the Russian Federation, it is necessary to have documents for each object of the transaction. The seller must have in stock:
- Legal documents;
- Title documents;
- Cadastral documents for each transaction object;
- Technical passport and technical plan (since 2014);
- An extract from the Unified State Register confirming the absence of any encumbrances on the objects of the contract;
- Power of attorney, notarized (if representatives are acting on behalf of the seller).
The title documents are a certificate of registration of ownership of each object of the transaction: a plot of land and a house (or houses) on this plot.
Title documents include documents on the basis of which the seller previously received ownership of the plot of land for sale with a house. Such documents include:
- Donation agreement;
- Exchange agreement;
- Contract of sale;
- Certificate of privatization;
- Certificate of inheritance rights.
The cadastral document for a land plot must indicate the category and subcategory of the land being purchased, list the restrictions for its use, indicate the area and land survey plan, as well as all buildings (residential and non-residential) located on this plot of land, and in the cadastral document for a residential building There must be a plan for each floor of the house.
If the technical plan presented by the seller is more than five years old, then such a plan must be replaced by the seller (before the transaction is completed) at the technical inventory bureau at the location of the real estate being sold.
An extract from the Unified State Register is necessary in order not to purchase mortgaged or seized real estate, as well as to avoid acquiring tax and other debts along with the house and land.
You can protect yourself from a raider takeover of your apartment by knowing just a few simple rules. Do you want to purchase a plot from the state at cadastral value? The possible options are described here. When purchasing land in installments, it is necessary to draw up an appropriate agreement. How to do this correctly is described in detail in our article.
Attracting specialists
If you have doubts about your own ability to check anything in the house other than its appearance, you should invite specialists. They will be able to detect malfunctions, name their causes, and also comment on the possibility and cost of correcting the flaws. Sometimes it is faster, easier and even cheaper to install new equipment (or structural elements) than to repair the old one.
Without any special knowledge, it is simply impossible to independently assess the technical condition of a private home. But the quality of living in the purchased property will depend on this. That is why inviting specialists is always financially justified. After all, many unscrupulous sellers deliberately mislead buyers by telling lies about the “excellent” condition of the building, but in reality you can easily buy a wreck behind a hastily repaired facade.
Examination of documents
It’s not enough to just read the documents provided for the chosen house; it’s important to know what to pay close attention to and where “pitfalls” dangerous to the deal may lurk.
It is best to contact an experienced specialist in this field for examination of documents. A qualified lawyer will ensure the purity of the transaction by checking the provided papers for the reliability and accuracy of the information contained in them.
Important: if the package is missing some papers or errors are found in the documents provided, you should refuse to purchase such a house (at least temporarily) and consider other real estate options. And do not forget that technical documentation remains relevant only for 5 years.
Main agreement, deed of payment and transfer of money
The agreement is drawn up taking into account its subsequent inclusion in RosReestr to register the legal status of the new owner of the property. Thus, all risks associated with the machinations of fraudsters and the expiration date of the “validity” of the document are minimized. When drawing up a document that has legal force, consider:
- The contract is bilateral and may require both parties to terminate it. Accordingly, when drawing up, the signature of both participants is required, including filling out the data in the header.
- The document must record the full cost of the site, including in words, to avoid misunderstandings.
- Specify in the document the time, currency and form in which the agreed amount will be transferred, as well as sanctions in the event that the minimum payment in case of payment in installments is not provided on time.
- If the seller lives on the territory of the purchased plot or the property inside the house was not included in the transaction price, check the time for removing the property and completely moving out of the current owner’s house.
- If in addition to the house there is a plot of land, prepare a corresponding list of documents.
- Reflect all the nuances in the transfer deed and do not sign it until you are sure of its correctness.
All these nuances will help you avoid sticky situations, such as former owners still living in someone else’s property for years. We have figured out the nuances of drawing up an agreement, but how much does it cost to draw up a contract for the sale and purchase of a private house, and how does its state re-registration take place?
