The secondary real estate market, according to experts, is the most common area for scammers. Therefore, you need to remember to check the apartment and the seller himself, so as not to be left with nothing. We tell you what non-obvious documents you need to check yourself in order to take into account all the nuances when buying an apartment.
How to check an apartment for legal purity?
Before you sign an agreement and give your money to a stranger, you need to check the apartment for legal purity. There is a certain list of documents that must be studied before buying real estate.
What is included in the main package of documents for verification:
- owner's passport. You need to check it with the documents for the apartment to understand that this is definitely the owner. If there are several owners, check the passports of each;
- extract from the Unified State Register of Real Estate. This document now replaces the certificate of title. In addition, you can find out detailed information about the apartment: from previous owners to the cadastral value of housing and encumbrances on the apartment. You can order it yourself if the buyer knows the address of the property or its cadastral number.
- contract of sale. Or any other document that will show how the seller received ownership of the apartment. It could also be a gift agreement, a certificate of inheritance or, for example, a privatization document;
- certificate form 40. It will tell you about everyone who is registered in the apartment. Please remember that all occupants must be checked out at the time of sale;
- document confirming the absence of utility debts. It is also important that the seller does not have debts for major repairs. Because they pass to the new owner along with the apartment.
This is the basic minimum of documents that must be checked when purchasing an apartment in any case and under any circumstances. Because it is these papers that give us a complete picture of the owners and the property itself. But sometimes this list is not enough. Especially when situations are not entirely simple. Let's look at cases in which the buyer will have to check additional documents in order to avoid unpleasant surprises and unexpected restrictions after the transaction is concluded.
Title deed
What documents will you need to check your passport with? Now apartment owners may have several options for documents confirming their ownership.
- Those who purchased housing before 2021 still have old certificates of ownership.
- And those who bought an apartment later were given a certificate from the Unified State Register of Real Estate. It not only confirms ownership, but also contains a complete picture of the property.
As a rule, the information in this certificate is valid for only a month. And the document that the seller has in his hands is not suitable for a complete inspection of the apartment. Therefore, an extract from the Unified State Register can be ordered by the buyer independently, even before viewing the apartment. To do this, you only need to know the cadastral number of the property or its address. Use the EGRN.Reestr service and on the same day you will receive an electronic document with up-to-date data and a certified electronic signature of Rosreestr.
Why is it worth focusing on this document? As we noted above, the USRN extract can tell you quite a lot about the apartment. After reading it carefully, the buyer can obtain information:
- about the owners. By checking this document with your passport, you will make sure that this is really the owner. You will be making a deal with this person and will transfer your money to him, so it is important to make sure that everything is in order with his documents. If there are several owners, then you need to check each one;
- about the history of the apartment. It would be nice to know the number of previous owners. If the property was sold every year or even more often, this may indicate that they were not satisfied with the apartment in some way;
- about the characteristics of housing. The EGRN extract will indicate the exact area of the apartment; you can see the floor plan. And also find out the cadastral value. If it is significantly lower than the posted price, then it is worth considering how liquid the object is;
- about encumbrances. This is also an important factor. Perhaps the mortgage on the apartment has not yet been paid off, and this option is not suitable for you. Or, for example, the owner is a debtor, and the housing is pledged to the bank or is completely seized. Then difficulties may arise with the transaction, since in order to sell the mortgaged apartment, the consent of the financial institution is required. And if the home is under arrest, then it cannot be sold at all by law and the deal may be terminated not in favor of the buyer;
- about uncoordinated redevelopments. Such information can be found in the BTI or can also be found in the extract. If there are deviations from the apartment plan, it means there has been a redevelopment. You should immediately check with the seller about its legality. If it is confirmed by documents, then everything is in order. If not, then you may have problems in the future, and in which case you will have to rebuild the apartment at your own expense.
Minor owners
This is a very important point. If the apartment includes small children, then you will need to make sure that the seller has permission from the guardianship authorities. Be sure to ask the owner for confirmation that the children are already registered elsewhere. Because according to the law they cannot be discharged “to nowhere.” In this case, the transaction may be declared invalid, and the apartment will be returned to the owner. In addition, it is worth checking and comparing the passports or birth certificates of minor owners with the documents for the apartment.
Owner's passport
It’s better to start with your passport: look into it, study all the pages. If there are several owners, then all their passports are needed. You can also check the validity of documents through the website of the Ministry of Internal Affairs. But most importantly, compare the data in your passport with what is written in the documents for the apartment. This is necessary in order to make sure that this is the person he claims to be. Because there may be cases when the seller presents himself as the owner of the apartment, but in reality he is just a tenant. And the owners, for example, live in another country. This is one of the most common fraud schemes. In addition, an apartment can even be sold several times to several buyers.
Incapacitated citizens
Adults may also need permission from guardianship authorities. In case one of the owners is incapacitated . In addition, all actions regarding housing and transactions must be carried out by the guardian. He also needs to check his passport and documents on the basis of which this person became a guardian.
There may be the opposite situation, when the owner seems to be capable, but the person seems suspicious to you. Or if this is a fairly old person, ask him for a certificate from a psychoneurological dispensary. If his legal capacity is called into question, and you find out about this after the transaction, then the seller’s relatives can easily sue the home back.
It wouldn’t hurt to ask for a certificate from a drug treatment facility. Especially if the apartment has several owners. There are situations when, for example, a son sells an apartment he shares with his mother without her consent. And then it turns out that he suffers from alcohol addiction and is registered at a drug dispensary. In this case, the transaction may be declared invalid.
The apartment is being sold by the couple
When checking your passport, you should pay attention to stamps: about marriage or divorce. If the spouses divorced less than three years ago, then the one who sells must provide the consent of the other. It must be notarized. And if a husband and wife entered into a prenuptial agreement, then it should stipulate the situation of selling property. If you do not take into account all the nuances in time, it may happen that after the deal is concluded, the deceived ex-husband or wife may lay claim to your home. In addition, similar consent may be required even if the spouses are not divorced. Especially if only one person is indicated in the documents.
The seller sells through a representative
It is now a fairly common practice to sell apartments by proxy. When the owner takes almost no part in the transaction. The seller's representative can be relatives, friends or employees of a real estate agency. The category of such transactions is considered risky, since scammers can most often be found here. Therefore, first of all, ask a third party for a power of attorney. You can check its accuracy in the register of powers of attorney on the website of the Federal Notary Chamber. Make sure that the document is certified by a notary. So that it spells out the rights of the representative to sign an agreement, apply to Rosreestr and receive money.
In addition, the buyer can play it safe and take the number of the apartment owner himself and contact him to confirm the fact of the sale of the property. Better yet, meet in person at least once.
What should you be wary of?
One of the favorite tricks of “black” realtors is asking for an advance payment . They motivate this by the need for advertising, the cost of communication services, and others. Such a request will signal the agent’s unclean intentions, because there is no guarantee that the realtor will cope with the task and will be able to sell, rent out, or select the object the client needs.
When drawing up an agreement, it is very important to clarify in advance the amount of the realtor’s remuneration. Agents often don't provide specific numbers until the deal is completed. This is one of the pitfalls - after the transaction is completed, the agent may demand an unreasonably large amount.
You should not negotiate with the realtor about his remuneration as a percentage of the transaction amount. This encourages the realtor to look for more expensive options. It will be better if the rate is fixed.
There is also a big risk of charging hidden commissions - when an unscrupulous realtor tries to collect commissions from both parties without their knowledge, which is a complete deception.
You shouldn’t chase a low price - everyone knows where the free cheese is. There is a certain range of prices for real estate services. Some companies offer cheaper prices, while others inflate the price tag for their services. But the suspiciously low cost is a reason to doubt the purity of the broker’s intentions.
There are common cases when unscrupulous realtors sell lists of potential buyers and tenants, and so on. In 90% of cases, such lists are fiction. The telephone numbers provided do not exist or do not answer. The money has been paid, the client has no way to return it, and the realtor just shrugs.
Fraudsters often invite dummy buyers . For example, when coming to view a house for rent, a client encounters a married couple who are ready to give a deposit right away just to get the desired property. Potential tenants begin to argue over who will get the right to live in the house. In 90% of cases, buyers who “accidentally” come at the same time are fake.
In addition to all of the above, realtors often use “anchors” - influence on the subconscious of clients. For example, the aroma of coffee and cinnamon creates a favorable atmosphere and makes the client associate the apartment they are viewing with coziness and comfort.
Another classic technique of realtors is playing with contrast . Almost all agents use this technique. The client is shown several properties with inflated prices and poor repairs. The last object stands out significantly - reasonable cost, clean entrance, “green” yard, new plumbing in the apartment, and so on. Naturally, the buyer involuntarily tends to buy the last option he viewed.
When planning to view real estate, you need to make an agreement with a realtor during daylight hours. Often, agents, in order to hide the shortcomings of the home, make an appointment for late evening in order to prevent the client from seeing all the shortcomings.
There are often cases of purchasing housing opposite a cemetery, and other objects unpleasant for the neighborhood, only because each viewing of the apartment took place after sunset.
The apartment is pledged to the bank
If you are buying an apartment for which the mortgage has not yet been paid, it is worth remembering that the third party in your transaction will be the bank. According to the law, as soon as a person takes out a home loan, his property is automatically pledged to a financial institution until the mortgage is repaid. And all actions that the owner plans to perform with the apartment will need to be coordinated with the bank. Therefore, if you are purchasing a mortgaged home, the seller must provide you with the lender's consent. Otherwise, the transaction will be invalid. The apartment will remain with the bank, and you may lose money if the owner turns out to be not very conscientious.
How to choose a reliable realtor or agency
First you need to make a choice in favor of a real estate agency or a private broker. Who should I choose?
Particularly large agencies suffer from staff turnover; constantly changing staff do not always receive proper training, and management is unable to control all employees. By contacting such an agency, there is a high probability of falling for the bait of a scammer or simply an inexperienced agent.
But if the choice nevertheless fell on a real estate agency, before concluding an agreement, it is necessary to clarify which of the staff has been appointed as a personal agent and get to know him personally. If you do not receive satisfaction from your acquaintance, do not hesitate to request a replacement realtor.
Real estate agencies, if they are successful, participate in real estate exhibitions, symposiums, and mentions of them can be found in various media. Such agencies do not hide their activities , but, on the contrary, use their achievements as additional advertising. They have many diplomas, certificates, and awards.
In the opposite situation, it is worth doubting unfounded stories about many years of successful activity.
is in no way . So-called fly-by-night companies often use this trick to throw dust in the eyes of clients.
As a rule, large agencies cooperate with banks, notary offices, and lawyers . They have up-to-date information about loan rates, features of mortgage lending and other aspects related to real estate. Otherwise, it is unlikely that such a company will become a conscientious assistant in the transaction.
However, when making a particularly large transaction - resettlement, exchange of living space, exchange, sale with a counter purchase, and so on, it is still better to contact a real estate agency. In such transactions, the specialist is faced with the issue of multitasking - at the same time he needs to perform many actions, the execution of which requires the efforts of several people.
Also, a big “advantage” of cooperation with an agency is the possibility of notarizing the specifics of the transaction - for example, the timing of the transaction, the conditions for vacating the living space, and others. While private brokers draw up an agreement in rare cases.
Cooperation with private realtors also has positive and negative sides.
The cost of brokerage services is significantly lower compared to the price tag of agencies. This is due to the lack of need to maintain an office, pay taxes, and other factors. Also, the agent does not have a fixed price, and depending on the situation, he can make a discount. A private agent aims to satisfy each client and can offer more flexible transaction terms than a real estate agency.
Inherited apartment
According to realtors, such apartments very often become the subject of disputes. Therefore, buying an inherited home can turn into a real nightmare. To prevent this from happening, be sure to ask the seller for the consent of other heirs to sell the property or their written refusal of the property. Otherwise, there may be a possibility of uninvited guests who could easily challenge the deal in court within three years.
Shared ownership
The same applies to shared property. The buyer must notify other owners of shared ownership that he is selling his share. And also provide their written waiver of the right of first refusal to purchase a share in the apartment.
We check the seller for debts
If you do not want to lose your future apartment immediately after purchase, also check the seller himself. The presence of encumbrances can be seen in the extract from the Unified State Register. If the apartment is seized due to debts, then it cannot be sold by law and the transaction may be declared invalid. It would not be amiss to “break through” the owner through the bailiff database. If he has large debts, then the danger of his home being seized in the near future cannot be ruled out.
In addition, you can check the seller using the Unified Register of Bankruptcy Information. If a person has brought himself to such a state, then in order to dispose of property he will need the consent of the financial manager. Or the apartment that he is going to sell is already going to be put up for auction.
check the apartment for legal cleanliness without wasting time using an extract from the Unified State Register of Real Estate. The document contains all the necessary information about the object of interest, even the cadastral value. It is easier to issue an extract from the Unified State Register in electronic form on the Unified State Register.Reestr service. To do this, you just need to enter the address of the apartment or its cadastral number.
Text: Ksenia Chertova
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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