Ask questions about the transaction and choosing an object
To make your meeting with a realtor as productive as possible, prepare a list of questions that interest you in advance. If you are going to buy real estate, first of all ask questions about the property and the area in which it is located:
- Where are the nearest stores, housing office and regional office?
- Where are the nearest schools, kindergartens and development centers?
- What transport can you use to get to the property you want to buy?
- When was the last time a major home renovation was carried out?
- Where are the nearest plants and factories that have a negative impact on the environment?
- Are there parks, stadiums or other recreational facilities nearby?
Then be sure to find out the following from your realtor:
- Does he have all the necessary documents?
- What documents does the real estate seller have?
- Who collects all the necessary certificates from the authorities?
- Who checks the legal purity of the object?
- How is money transferred?
- What form does the contract take?
Questions for the seller when buying an apartment
The owner can sell the home himself or hire a realtor for this by concluding an agreement with him and issuing a notarized power of attorney. If the interests of the seller are represented by a realtor, he needs to ask the same questions as the owner of the property being sold.
If the realtor is involved only as an intermediary and a power of attorney has not been issued to him, you should meet the seller in person and ask him all the questions you have when buying an apartment.
How was ownership of the apartment obtained?
The most important question asked when buying an apartment is on what basis the seller has the right of ownership. This could be an agreement:
- Purchases and sales.
- Mena.
- Donations.
- Rents.
Real estate is also inherited, and the title document is a certificate from a notary. All of this needs to be verified to ensure that the seller is the legal owner and has the right to complete the transaction.
Important! Transactions with inherited real estate are considered the riskiest. If the certificate was issued less than three years ago, it is recommended to contact a notary to make sure that third parties will not claim the inheritance and they will not be able to complete the sale and purchase.
How many owners?
You can find out the number of owners in the certificate or extract from the Unified State Register of Real Estate. If there are several of them, but only a share in the ownership is being sold, you need to ask the seller for a document confirming the waiver of the pre-emptive right of purchase from other owners (Article 250 of the Civil Code of the Russian Federation).
If the shares are sold simultaneously by all owners, a waiver will not be required.
Are there any minors among the owners?
If there are several owners in the apartment, and among them there is a minor child, his parents must find him another apartment instead of the one being sold. The permission of the guardianship authority is pre-issued.
There is also a great risk when purchasing real estate purchased with capital. If the owner of the certificate did not allocate shares to all family members and then decided to sell the home, the transaction can be challenged by the guardianship authorities, the prosecutor's office, the spouse or the children themselves upon reaching adulthood.
How many apartment owners were there?
Another important question about the apartment is how many owners there were before the seller’s right was registered. The longer the chain, the greater the likelihood of challenging the transaction. The seller will not be able to provide documents from the previous owners, and there is a chance that one of their relatives will want to lay claim to the property.
Was the apartment purchased during marriage?
If the apartment was purchased by the seller not during marriage or received in a free transaction, there should be no problems. Everything changes when you buy real estate during marriage. Even if it is registered in the name of one spouse, the sale will require the notarized consent of the second (Article 35 of the RF IC).
Are there any registered people in the apartment?
You can check the presence or absence of registered persons by asking the seller to provide an extract from the house register. You shouldn’t take their word for it: if the buyer is deceived, he can only discharge people through the courts.
Note! It is important that the owner registers all relatives before signing the purchase and sale agreement. If this cannot be done, at his own risk, the buyer may agree to the transaction, indicating in the contract the period for deregistration for the seller.
Are there any encumbrances?
If the apartment is under arrest or pledged, Rosreestr will not register the transaction. It is better to clarify this point in advance, and also order an extended extract from the Unified State Register yourself. All information will be indicated there.
If you don’t ask this question when buying real estate and don’t check it for encumbrances, you may lose your deposit and never buy an apartment. Then the money will have to be recovered through the courts.
Is the redevelopment legal?
When inspecting an apartment, you need to check the actual layout with the technical passport. If the seller did a redevelopment, it must be legalized. This is confirmed by documents from the BTI.
Having purchased a property with illegal redevelopment, the buyer will have to deal with this on his own.
Do you have utility debts?
Verbally, the seller can say that there are no debts on housing and communal services. It is better to ask him for a certificate of no debt. It is issued by the HOA or management company servicing the apartment building.
When was the renovation carried out?
If the renovation was carried out recently and the heating pipes, water supply, and electrical wiring were changed, this means that the buyer will not have problems with utility networks in the future.
Who lives next door?
Another question when inspecting an apartment concerns the neighbors. It is recommended to check whether they are audible in order to assess the quality of sound insulation. The seller can also talk about conflicting neighbors and problems with them.
Legal advice: you should not count on the seller’s revelations about the non-conflict of neighbors. He needs to sell an apartment, and he will present everything only in a positive light. It’s better to talk to your future neighbors on your own to find out who they are.
Are meters installed?
Electricity and water meters allow you to save on service fees. If they are not there, you will have to pay according to general standards or install them yourself. It is advisable to check their availability yourself, and also ask the seller for documents indicating the installation dates and verification periods.
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:
- At what level is the market today: on the rise or decline?
- What is the cost per square meter of the objects that interest you (on average)?
- What is more on the market today: supply or demand?
Signing an agreement for the provision of real estate services
So, a worthy agency has been chosen, negotiations have been carried out successfully, it is time to sign the contract. Pay attention to the details, read the contract, negotiate each point.
There is no single sample agreement, and the legislation of the Russian Federation does not contain certain requirements for the form of this document and mandatory conditions. Each agency (agent) develops this agreement independently .
Please ensure that the agency details (agent's passport details) are indicated correctly. Make sure that the rules for transferring money and paying for additional items of expenses associated with the preparation of the necessary documents are spelled out, and that the deadlines are clearly defined.
How to quickly pay off your utility debt? Detailed information is here.
Due to overlays, a conflict may arise between the seller and the buyer. The contract must clearly state the rights and obligations of the parties.
An example of a real estate contract for the provision of services is available.
Sample contract for paid provision of real estate services.
Legislative regulation of real estate activities
The issue of regulating real estate activities at the legislative level has been raised more than once. The services of real estate professionals remain in demand.
Experts believe that mandatory professional training for Realtors and certification (licensing) of this type of activity would be correct.
Today, anyone can try themselves as a real estate agent , often without special education, hence the illiteracy and irresponsibility of agents, which leads to extremely negative consequences for citizens.
The lack of a legislative framework also significantly complicates the work of real estate agencies.
You will learn how to choose the right realtor from this video:
List of questions for the realtor himself
And you will certainly receive answers to the following questions, which will directly relate to the very activities of the realtor you have chosen:
- Does the realtor work on his own or for a company?
- When will it be possible to pay for the services of a realtor: before or after the transaction?
- How is a realtor's salary determined?
- What responsibilities does the realtor undertake under the contract?
- How many real estate options will you be able to view under the contract?
And, of course, before signing the contract, be sure to read it carefully. This way, you will be sure that everything the realtor says is true.
Agency or private agent: who to choose?
Intending to use the services of a real estate specialist, citizens are wondering: who is better to choose, an agency or a private realtor. How much do the services cost in both cases?
For some reason, many people think that choosing an agency is the right choice. In fact, this is not true, as they say, it is not the form that is important, but the content.
Even a private specialist who has been working in this field for a long time, is competent and legally savvy, will be able to provide support for the transaction from start to finish, maximally satisfying all the client’s requirements.
However, a team of specialists means a different approach, reputation, experience and high professional level. As a rule, a self-respecting real estate agency has its own website on the Internet, open information (you can ask any question of interest), customer reviews, and regularly monitors current legislation.
What is a townhouse? Read about the purchase and features of such housing at the link.
If an agency has been operating for a long time and successfully, then even negative reviews are perceived as an opportunity to correct mistakes and improve their work, taking as a basis the thesis: “a complaint is a gift.”
Of course, who to choose is the client’s decision. The services of a private individual may cost less than those of a well-promoted agency, but what is most important is a high-quality service provided without negative consequences for the seller and buyer of real estate.
When choosing a private agent, you should pay attention to recommendations , even if there is no information about him on the Internet - word of mouth always works at the proper level.
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A number of unspoken rules that must be followed when collaborating with an agency
- personal presence during the collection of the necessary documents - this will allow you to verify their authenticity;
- preliminary development of the method of transferring documents or money through a depository box, otherwise you will have to run around at the last moment in search of a bank;
- drawing up and signing a preliminary agreement after finding partners. The primary version of the contract will help get rid of many difficulties at the next stages of the transaction;
- preliminary discussion of potential problems in preparation for the transaction and after its completion.
- Following these rules will avoid hassle and loss of time. Experience shows that care and accuracy are the best guarantee when making a real estate transaction. All the help a realtor can count on is facilitating the procedures when making a transaction, as well as regularly informing the client about changes that are taking place. We won’t discuss the cost of services for now - that’s another story. It will be useful to once again look at your problems and assess your capabilities as objectively as possible. In reality, the client has quite a lot of opportunities, although marketers and the media persistently convince us otherwise. The available opportunities are quite sufficient to guarantee the safety and transparency of real estate transactions
Is it needed and why?
When you contact a realtor, you get the following advantages:
- The owner does not fill out the documents. All documentation falls on the specialist. The only thing he must do is give a power of attorney to carry out the work. According to it, the realtor collects papers and draws up a purchase and sale agreement.
- No need to spend money on advertising. The agent himself finds suitable options for the price, and after that all the details are discussed.
- Established customer base. Experienced realtors always have a lot of offers for buyers. He knows about the features of each of them, so that already at the first meeting he will be able to discuss several suitable options.
You should know that realtor services are not free. Often the price for them depends on the price of the housing itself. Payment terms are specified in the purchase agreement, which is signed between the parties at the first meeting. Now it’s worth considering cases in which you can do without the help of a real estate specialist. For people living in a small town, contacting a realtor is not necessary.
In addition, if the owner is in no hurry to purchase, he can independently meet with sellers and look at the objects offered for purchase. Currently, the market is flooded with great deals, so it can take a lot of time to look at each property. The only drawback in this regard is that no one guarantees you a clean deal.
Many people offer housing at an obviously attractive price, but those who don’t know fall for the trick, subsequently losing money and the chance to start a new life in a new apartment.
Work specifics
The agent must fulfill his duties as specified in the contract (but nothing more). The client needs to know them well so that the realtor cannot deceive him.
What is not a realtor's responsibilities?
The agent is not obliged:
- Evaluate real estate (if he is not an expert in this) and, moreover, does not have the right to do so.
- advise clients on issues not related to his professional activities;
You cannot demand from a realtor services that are not included in the contract with him.
- give an expert assessment of the condition of the apartment;
- have special knowledge not defined by the laws of the Russian Federation;
- identify hidden defects in real estate.
What should you be wary of when concluding an agreement with a realtor?
When working with an agent, several things can characterize him as an unscrupulous agent:
- the realtor does not return the advance, arguing that it is a deposit (it is important to know that the advance and the deposit are different things, and when drawing up the contract, it is the advance that is supposed to be returned that is drawn up);
- fulfillment of obligations incompletely;
It must be remembered that a realtor is, first of all, a seller who is interested in completing a transaction.
- when drawing up a purchase/sale agreement, it is usually agreed that the realtor’s remuneration will be transferred in the form of an advance or deposit (i.e., the agent’s fee is actually paid by the buyer); but at the same time, the agent can demand a fee from the seller too.
Realtors are needed to help you buy, sell, rent or lease real estate. When working with them you need to be careful, as you often come across unscrupulous agents.
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Should I buy an apartment myself or contact a realtor?
Buying an apartment is a very important step in a person’s life. Some turn to specialized agencies for help, while others, after weighing all the pros and cons, decide to do it themselves. What do you need to be prepared for?
The main advantage of buying an apartment yourself is saving. For the work of a realtor you will need to pay from 3% to 10%. Considering the cost of real estate, this is quite a significant amount. Another important advantage is safety. As in any profession, there are also scammers here who are not averse to profiting from gullible citizens. In addition, when buying an apartment on your own, you can choose exactly what you want. In most cases, a realtor will offer an option for which he will receive a higher commission percentage.
But this approach has a lot of disadvantages:
- the transaction is drawn out - the specialist has more experience in negotiations;
- big risks - an experienced realtor is able to immediately spot scammers;
- complexity - a specialist has more experience in communicating with government agencies and in preparing documents.
You can do without the help of a realtor, but you need to be prepared to spend a lot of effort searching for suitable real estate, talking with owners, checking and completing documents.