What you need to know when buying an apartment through an agency

In the field of home sales, real estate services are offered by a huge number of companies, and it is very difficult to decide which real estate agency to give your preference to.

The buyer should pay attention to the history of the company, the experience and professionalism of the employees; the cost of services can also play a significant role; it should not be extremely high and, conversely, too low.

Realtors simplify the process of buying an apartment , but there is always a risk of fraud from such organizations. In order to protect yourself, you should pay special attention to the contract with the company, clearly understand the range of responsibility of the representative, the scope of your personal rights and obligations.

Choosing a real estate agency

The market for real estate services is replete with a large number of offers; in order to choose a reliable and high-quality agency that can organize a successful transaction, the buyer must determine the priority points that need to be given special attention, usually these are:

Period of operation of the agency. Extensive experience characterizes the organization as an experienced and successful representative of services in the field of home sales.
Number of company employees. A large staff indicates the development and stability of the agency.
Prices for services. Typically, the cost of real estate agency services is approximately the same. However, if the price is clearly too low, then this should alert the client.
Official website of the organization. A company that cares about its image carries out careful work on the website; it should be rich in information about contacts, employees, organizational documents, objects and offers of realtors.
Agency office . The location, interior design, and advertising signs of the premises play an important role, since there are frequent cases of the creation of fly-by-night companies.
Social activities, that is, membership in various associations, for example, the Russian Guild of Realtors (RGR). The presence of a certificate from this type of association allows clients to verify the high professional training of workers who, in order to obtain a document, must undergo training and pass an exam.
Availability of various awards, certificates (diploma for active development of the mortgage market, letter of gratitude for legal support of public activities of the RGR).
Reviews about the organization of realtors . It will be useful for the buyer to find out other people’s opinions about the company and visit various Internet portals and forums.

If an agency has relatively little experience in the real estate market, this is not always an indicator of the company’s unreliability; it is important to pay attention to the reputation and professionalism of the company’s employees.

How to check a real estate agency for cleanliness?

Before contacting this or that agency, you should make sure that your choice is correct; for this, the buyer must:

Check company documents. You need to make sure whether the organization has the necessary certificates, attestations, and request an extract from the Unified State Register of Legal Entities (USRLE).
Contact the tax authority, arbitration court, to determine whether the company has violated the law or is not bankrupt.
As a realtor, you need to check the employment contract with the agency he represents.
Particular attention should be paid to the contract that the buyer enters into with the company. The conclusion of a written document that meets all legal requirements guarantees the legal purity of the transaction .
It is important to clarify whether the agency checks the history of the proposed apartments, the powers of the owners, and the authenticity of the information. Usually there is a lawyer on staff who performs such actions.

Example

Citizen B, in order to buy an apartment, turned to a real estate agency that recently opened near her home. The realtor, without concluding a contract, immediately offered a housing option. The client liked the apartment, she made the payment and completed the necessary documents.

Citizen B moved to a new address, but two weeks later Citizen R came to her apartment, claiming that he was the real owner of the premises. Having gone to court, it turned out that the agency acted according to a criminal scheme, with the help of forged documents, false forms, seals and a fake notary, they executed an agreement for the sale and purchase of an apartment that they rented from Citizen R. The court determined that Citizen B does not have legal rights to housing, and to protect her interests she needs to apply to the judiciary.

You can check a real estate agency yourself or by contacting notaries or lawyers , which of course will require additional financial costs, but will most likely guarantee the reliability of the buyer’s choice.

Who pays - the seller or the buyer?

The one who most needs the services of a realtor pays in the real estate market. Konstantin Manchenko recalls that in the early 2000s, when the market was booming, buyers paid for the services of realtors, since they, more than sellers, needed the help of specialists: then apartments were actively sold, and it was necessary to quickly “grab” a suitable option. Today the situation is exactly the opposite, which is why, as a rule, realtors are paid by sellers.

In an alternative transaction, the client acts as both a seller and a buyer, therefore, naturally, he rewards the realtor.

Why do you need a realtor when buying an apartment?

When purchasing real estate, many buyers refuse to search for housing on their own and resort to the services of realtors. This can be explained by the fact that specialized agencies are professionals in their field, and should make it easier for the buyer to purchase an apartment by performing the following tasks:

Consultation on legal and technical issues that arise for the client.
Organization of the search process, negotiations, finding options that meet the buyer’s wishes.
Consideration of possible shortcomings of the area, checking the condition of the entrance, apartment.
Clarification of the question about those living in the house.
Coordination of conditions and verification of the legal purity of the transaction (authenticity of documents, legality of powers of home owners and their representatives).
Monitoring prices on the real estate market , selecting the most profitable offers.
Cooperation with banks, assistance in obtaining mortgages, loans for the purchase of real estate.
Legal support of the transaction , conclusion of a purchase and sale agreement, registration of housing ownership, assistance with state registration.
Resolution of possible disputes.

Despite possible cases of fraudulent activity, contacting realtors can significantly speed up the process of finding an apartment.

A competent and qualified specialist protects the interests of the client, taking into account his wishes and needs.

Realtor services when buying an apartment

When using the services of real estate agencies, the buyer has the right to count on the efficiency and safety of their work. When purchasing an apartment, a realtor performs the following functions:

finds out the situation on the housing market in order to understand which apartment the client can apply for, based on his preferences and financial capabilities;
if there is a shortage of funds, looks for suitable lending options;
determined with a convenient time to view the property;
negotiates with the seller on the price and other conditions for the sale of the apartment;
checks the information provided by the owner, analyzes possible risks;
prepares the documents necessary for the transaction, draws up a purchase and sale agreement;
carries out mutual settlements between the parties (cash payments, use of a safe deposit box);
monitors compliance with the client’s rights when making a transaction with a notary;
carries out checks on the removal of all residents from the purchased apartment;
prepares, sends and receives the necessary set of documents for state registration of property rights.

It is important to clarify whether the real estate agency is a participant in the professional liability insurance program so that losses that the buyer may incur if the realtor makes a mistake are compensated.

Company or private broker?

The responsibilities of ANs and realtors are similar - to find persons interested in the transaction and issue a DCP. The main difference, as a rule, is the established customer base - companies often have a larger one. However, it is not uncommon for a private broker who has been working for many years to have his own practice.

There is also a difference in the amount of commission charged for services. Private realtors clearly win in this matter, since in order to attract clients they can lower established prices, which is impossible for large agencies.

What is included in the expert's services when purchasing?

Analysis of the real estate market and selection of options suitable for the customer.
Selection of profitable lending schemes if the transaction is planned to involve bank funds.
Organization of displays of objects.
Conducting negotiations with buyers.
Negotiating with the seller about the cost of housing and the nuances of the transaction.
Analysis of documents to identify possible risks.
Collection and preparation of a package of documents.
Preparation of PrEP.
Control over mutual settlements between the parties.
Preparation of documents for state registration of the transaction in Rosreestr.

Commission amount

Important! The final cost of an agent’s services directly depends on the amount of work entrusted to him.

The average commission of large real estate agencies is 3–5% of the value of the property; for private realtors – 50,000–150,000 thousand rubles (according to data for Moscow and Moscow Region).

Cooperation with a professional: pros and cons

Pros:

Significant time savings. The professional takes on almost all the responsibilities for organizing and preparing the transaction.
Minimizing possible risks.
Fast sale of real estate.
Compliance with the requirements of the legislation of the Russian Federation when completing a transaction.
A realtor always acts in the interests of his client, using all the tools available to him to organize and support the transaction.

Minuses:

Cost of services.
Lack of legal norms regulating the activities of realtors and NA.
The activities of agents are not licensed, which opens up access to the market for non-professionals.

What is the main meaning of the appeal?

Most often, the help of real estate offices is resorted to by those people who, for some reason, do not want or cannot search for real estate properties or buyers on their own.

Attention! If the owner of an apartment turns to a realtor, the need to look for buyers, negotiate and organize showings of the apartment - all responsibilities for selling real estate will fall on the shoulders of a professional.

The buyer, if his interests are represented by an agent, will not look for housing options on his own; an intermediary will do this for him. The realtor will also help the parties set a competitive market price and assist in collecting and preparing documents.

Responsibility

Real estate activities are not directly regulated by the legislation of the Russian Federation. There are no rules stating that an agent's activities must be licensed. A realtor also may not have a legal education - any interested citizen can work.

Compulsory NA licensing was also abolished in 2002. Activities are regulated only by acts of the Government of the Russian Federation. The Federal Law “On Real Estate Activities” has still not been adopted and remains at the draft stage.

Liability arises if the realtor’s activities are insured for compensation for damage caused by real estate activities.
In any other situations, the agent can only be responsible for those services that are specified in the contract for the provision of services concluded between him and the customer.

What skills are needed?

When choosing a realtor, you should pay attention to the fact that the realtor must:

Take full control of the housing market.
Understand what the customer’s requirements are and then act only in his interests.
Have high communication skills.
Use psychological techniques and methods in your activities.
Be able to negotiate.
Know all the possible features and nuances of real estate transactions.
Be aware of changes in legislation affecting the real estate market.
Have experience in successfully closing similar transactions.

Competency testing

It is enough to study personal documents, and then look for reviews on specialized forums and other information platforms. It would also be a good idea to call the agency to find out whether such an agent is actually listed there. The professionalism of a particular specialist can only be assessed based on reviews and recommendations.

Agreement with a real estate agency for the provision of services

In Russia there is no single standard agreement concluded with real estate agencies, therefore each company, at its own discretion, determines the content and terms of such an agreement. Buyers should pay special attention to the following nuances, which must be specified in the contract:

A list of services that the agency must provide for the client, in what volume (advertising, legal, consulting services).
The relationship between the rights and obligations of the parties under the contract, the requirements imposed on the client must be feasible and reasonable.
Remuneration for services.
The term of the agreement is usually for at least one year.
The provision that the client can at any time request a report on the work done by the realtor, the deadline for submitting the report.
Termination clause . The buyer has the right to refuse the services of the contractor at any time, paying for the actual costs incurred.
You should especially carefully read the small print, which usually indicates information regarding the responsibility of the agency itself .

In some cases, companies may include the following clauses in the contract (which is not legal):

The agency has the right to have the difference between the sale price of the property and the cost that will be specified in the agreement. This is the so-called hidden commission , that is, money that realtors want to receive in addition to the amount already paid by the client.
Provision prohibiting the buyer from communicating with the seller and his representatives. This suggests that the company also seeks to obtain additional unofficial enrichment.
The client does not have the right to contact other intermediaries; for violation of this condition, high penalties may be imposed.

If the buyer wishes to add or exclude any provisions of the contract, he has every right to do so.

Changes must be immediately made to the document or recorded in writing, as an additional agreement or protocol of disagreements.

What to look for when choosing an apartment?

When choosing a property, agencies should be based on the capabilities and preferences of their client. There are main points that a realtor pays close attention to:

Real estate value.
Availability of transport links, proximity to a stop.
Arrangement of the yard area, presence of a children's playground.
Technical condition of the house, entrance, proper operation of the garbage chute, elevator.
Housing layout, view from the window.
Interior furnishings of the apartment, external defects, quality of plumbing, serviceability of water supply, heating system, electrical networks.
Infrastructure of the area (kindergartens, schools, hospitals, pharmacies, shops, etc.).
The floor on which the apartment is located.
Residents of the house, their social status.
Year of construction, type of property (brick, panel, monolith).
Ecological condition of the area, proximity to factories, airports, landfills.

The acceptability of the cost of the selected object can be assessed by the realtor himself.

For a more accurate determination, it is worth contacting professional appraisers to be sure that the price of housing is not inflated.

How does buying an apartment through an agency work?

After the buyer has decided on the choice of real estate, an equally important and complex process awaits - completing the purchase of an apartment . The agent must accompany the client at every stage, provide assistance and assistance.

The real estate agency checks the legal purity of the property : it establishes the legality of the rights of the owners, the fact that the tenants have been discharged, and the full legal capacity of the seller. Requests an extract from the Unified State Register and the house register, contacts the mental and drug control authorities, and checks documents confirming ownership.
Apartments must be free from the rights of third parties and not be encumbered, for example, under mortgage or arrest.
Subsequently a sales contract ; the intermediary must ensure that it is written correctly and correctly so that the contents of the document do not violate the rights and legitimate interests of the buyer.
After which, you should make payments for the transaction , in cash or non-cash forms. When paying in cash, the buyer is given a receipt . The most reliable non-cash method is to use a safe deposit box.
Ultimately, state registration of ownership is required.

If the buyer gives preference to housing in new buildings , then the realtor should be especially careful when choosing a developer , find out his work history, timely delivery of objects, visit the official website, review the constituent documents, project declaration.

To complete the purchase of an apartment, the realtor must obtain a notarized power of attorney .

Through it, the agent has the right to represent interests and carry out on behalf of the client all necessary actions for the preparation, collection, delivery and verification of documentation.

How to buy an apartment on the secondary market through a realtor?

Purchasing an apartment on the secondary market may be accompanied by a number of features that both the buyer and the realtor should pay special attention to:

Condition of the house and yard area. It is important to carefully inspect: the façade of the building, the area of children's and sports grounds, the entrance area, and the condition of the elevator.
In the apartment, you need to check the operation of utilities, plumbing, and exhaust hood. Assess the level of illumination and the absence of external defects.
It is worth comparing the apartment with the BTI plan to make sure there are no illegal alterations.
The realtor must identify possible problematic legal issues (fake documents, lack of permission to sell from a spouse, minor tenants - their registration is extremely difficult).

It is worth considering that even the largest and most competent agreement with a real estate agency does not provide a 100% guarantee of the reliability of the transaction, realtors cannot check all possible potential risks , and fraudsters are often active in the secondary housing market, so the choice of housing of this type should be approached with special care. thoroughness.

When buying an apartment on the secondary market, the intermediary can and should try to reduce the price , that is, bargain.

Even if the buyer has the necessary amount of money, the agency must provide its client with the most favorable conditions for purchasing a home.

Supporting activities at the stages of registration of the operation

A realtor must accompany his client at each stage of the transaction:

AN checks the legal purity of the future transaction. To do this, the identities of the owners, an extract from the house register, the legal capacity of the seller and other details are checked.
The agency must check whether there are any encumbrances placed on the object, and whether third parties have rights to it.
The agent draws up the DCP, while respecting the interests of the customer.
Mutual settlements are made between the participants.
If cash is transferred, the agent controls the correctness of the receipt. Reference! The most popular and reliable way is to transfer money through a safe deposit box in a bank.
The final stage is state registration of the transfer of ownership rights.

Cost of realtor services when buying an apartment

Each real estate agency evaluates its services differently , for example, small companies try to adapt to the average price level established on the market and even reduce the cost in order to attract clients. Large organizations have the opportunity to dictate their terms based on experience, reputation, and fame.

The realtor's services are paid for by the employer . Various factors can influence the formation of the cost of services: the legal complexity of the transaction, the duration of the contract, the cost of the property.

There are two main ways to determine the price:

The cost of services is in a fixed amount, approximately from 30,000 to 100,000 thousand rubles, depending on the region.
The cost, determined as a percentage of the home price, usually ranges from 2% to 5%.

Example

The apartment is being sold for 2,300,000 million rubles, with the company’s established remuneration of 4%, the cost of real estate agency services will be 92,000 thousand rubles.

The procedure for setting prices by real estate agencies is arbitrary, although usually the volume of services provided and the list of documents required to collect when purchasing apartments are exactly the same.

Commissions on the rental market have also decreased

A downward trend in prices is also observed in the rental market: the cost of rent, the amount of the deposit and commissions have decreased.

Nikita Orlov says that the passing percentage on the Moscow rental market today does not exceed 50%. There are also advertisements that indicate a commission of 100%, but the expert is confident that given the current economic situation, clients will not pay such an amount. Security deposits (collateral) in most cases have also been reduced to 50% of the monthly payment. In the Moscow region, rent has fallen in price, therefore, realtor commissions have also decreased, and here they may not take a deposit at all.

According to Konstantina Marchenko, who works in the town of Pushkino near Moscow, tenants used to pay commissions, but today, due to the large volume of supply and increased competition, it is landlords. Sometimes the landlord and tenant pay equally for the realtor's services. According to Elena Tanaeva, today the realtor’s commission is still paid by the tenant.

In the capital, as a rule, the realtor's services are still paid for by the tenant. According to Nikita Orlov, the landlord takes on such expenses if housing is expensive and the monthly rent is 60-100 thousand rubles or more.

If the realtor’s client is a tenant, the specialist looks for a suitable apartment - evaluates options, contacts the owners to find out the conditions, organizes viewings, and prepares a rental agreement. The realtor helps the landlord find a tenant, places advertisements and warns of possible risks - an unexpected move, subletting of an apartment by tenants, use of real estate for other purposes. All these points are specified in the contract.

Oksana Polyakova, deputy director of the apartment rental department at INCOM-Real Estate, adds that the agency cooperates with clients and after the transaction is concluded, apartment owners are provided with a “Guarantee”. According to the terms of the agreement, the agency helps resolve disputes and supports clients throughout the entire rental period. provides such services free of charge, since it is interested in constantly updating its database. “Warranty obligations” are relevant for tenant clients and are included in the range of services provided at a standard payment.

Private realtors in the rental market ask about the same for their services. However, do not forget that private traders may subsequently demand a larger amount from the client than was initially agreed upon.

How to terminate a contract with a real estate agency?

Agreements with realtors, regardless of the specifics and volume of services provided, are subject to the guarantees of the Federal Law of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”.

Within the meaning of Art. 32 Federal Law No. 2300-1 dated 02/07/1992, the client has the opportunity to cancel the contract at any time. The only consequence of such a refusal is the payment of expenses actually incurred by the agency , the presence of which must be documented.

The grounds for termination may be:

Failure to provide services within the specified time frame.
Buying a home on your own.
A change in the client’s life circumstances, due to which he changed his mind about purchasing property, etc.

a written notice is submitted to the real estate agency in two copies, on one of which the receiving party puts its mark of acceptance .

Notification can be sent by mail or registered mail. The document must indicate the intention of termination and the date of refusal of services.

The real estate agency's demand that the buyer pay a penalty upon termination of the contract is unlawful.

If remuneration is paid, then he is obliged to return this amount, minus expenses for the services provided. If within 10 days from the date the buyer sends the notice the agency does not fulfill the necessary conditions for termination, the client has the right to go to court (Article 31 of the Federal Law of 02/07/1992 No. 2300-1).

The buyer has the right to demand that the company pay a penalty in case of untimely return of remuneration for services, in the amount of three percent for each day of delay (clause 5 of article 28 of the Federal Law of 02/07/1992 No. 2300-1).

Responsibility of the real estate agency to the buyer

Many real estate companies try to minimize their liability and avoid possible losses. Although the current legislation is on the buyer’s side, in practice, the responsibility of a real estate agency is limited to the maximum amount of remuneration received ; collecting penalties or penalties is extremely problematic.

To protect yourself, the terms of reference and responsibility of the realtor should be clearly defined in the contract.

Risks associated with purchasing a home may include the following:

Errors were made when preparing documents for the transaction.
Fraudulent actions in relation to the purchased apartment.
The interests of minors and heirs are not taken into account.
Transactions previously made for the sale or privatization of real estate were illegal, etc.

If the above situations are identified, agencies often do not bear responsibility.

You can protect yourself with title insurance. This is a guarantee of compensation for possible loss of rights to real estate. The buyer should contact the insurance company to obtain a title insurance policy.

An important difference between title insurance and other types is that it protects a person from events that have occurred but are unknown at the time of concluding a real estate transaction.

Does the buyer need to hire a specialist?

Whether the apartment you like is being sold through a real estate agency or is being sold by the owner, you still need to hire your own realtor when purchasing. First of all, this is necessary to protect the interests of the buyer - the seller's agent is not interested in protecting the buyer and will not represent the interests of the latter. If the buyer does not know the specifics of the procedure, the specialist will tell you how to communicate with the owner during the sale. Otherwise, the seller's agent may insist on concluding a transaction under unfavorable conditions for the buyer.