Checking the legal cleanliness of the apartment - how to implement. Legal purity of real estate - how to check
If the property is located, then according to the new rules the contract must be notarized.
Next, the document is submitted to the Federal Register with the rest of the paper. Parties to the transaction can do this in person or transfer them through a multifunctional center. As for the transfer of money, the landlord and the buyer must agree on this in advance. Money can be transferred to a current account, transferred personally to hands or through a bank cell.
Additional expenses of the parties during the transaction are different. If there is a need for notary services, then they are paid by the buyer. Approximate cost - about 1% of the price of housing. The state duty for registration of the contract must be paid by both parties, dividing the amount among themselves.
Also, the seller must pay from the amount received if the property has belonged to him for less than 5 years.
Documents
The contract of sale must be drawn up in accordance with the rules established by civil law. The document necessarily includes the essential conditions:
- address where the property is located;
- property characteristics (footage, floor, etc.);
- cost;
- information about the owner;
- terms of payment.
It is desirable to attach to the contract.
To complete the transaction, the parties must provide:
- personal documents;
- documents confirming the ownership of the seller;
- power of attorney (if necessary);
- application (for registration of the contract);
- certificate of duty payment;
- additional papers.
Additional documents include consent to the transaction of co-owners or guardianship authorities. The buyer has the right to demand from the owner of the housing:
- certificate from the EIRC (absence);
- data sheet.
Note: if the landlord refuses to show these papers, there is a possibility of fraud with the apartment.
Purchase Rules
Real estate transactions should always be carried out slowly, considering each step. There are many ways to deceive customers, which at first glance seem completely legal. Therefore, when buying an apartment in the secondary market, you must adhere to the following rules:
- Payout. The seller may require a small amount in advance and has every reason for it. For the buyer, an advance is a guarantee that the transaction "will not break." But lawyers still advise concluding an advance agreement that will allow the buyer to withdraw his money back in case of unforeseen circumstances. The document should also contain information on penalties for refusing a transaction.
- If the parties decide to enter into an advance agreement, it is also necessary compile a separate appendix on the technical condition of the apartment. Attached are photographs and other documentary evidence.
- By passing the advance payment to the seller, the buyer should receive. It is she who confirms the receipt of money by the seller, and not the advance agreement.
- In the next step, the buyer should start the preparation of documents. If it’s an apartment, then the bank will provide the list of required papers.
Nuances
Negotiations with the seller should include not only the transfer of money, but also the solution of other important issues:
- When is the seller and his family members?
- When will they vacate the living space physically (if the seller lives in the apartment)?
- What will the seller leave to the buyer on the premises?
- How long does the former owner take out the things?
All these and other important issues should be decided by the parties to the transaction. prior to the conclusion of any official papers.
Reference: this is especially true for the extract of residents, since after the sale, this procedure may be delayed. And the new owner will have to write out strangers on their own.
Real estate transactions often break down due to the fact that the owner of the apartment raises the price. The buyer has several options:
- Refuse to purchase.
- Insist on the old price. A good argument in this case is an advance agreement. It can be used as evidence of the seller’s misconduct during the trial.
- Agree to a price increase.
For your information: unscrupulous realtors are often involved in raising prices, while the landlord does not even suspect this. Therefore, lawyers recommend discussing this issue only with the seller.
Risks How not to let yourself be deceived
Such a deal has some "pitfalls" that the buyer must know about:
- . Buying and selling with a trusted owner is necessary only after a thorough verification of the documents. Case study: N. bought the apartment by proxy, which the owner K. issued to M. But after completing the documents, it turned out that K was mentally ill and had no right to carry out such transactions. The contract was terminated.
- Participation in the transaction of legal entities. The buyer should be wary if the seller is the seller of the property.
- The apartment was purchased by the seller. By law, such housing is issued to all family members, including children. And with children must be issued on a different living space. If the seller has ignored this rule, the transaction may be declared illegal.
- Homeowner - Partially Disabled Citizen. Most often, such a seller suffers from alcoholism, drug addiction or mild mental disorders. He can conclude deals, but his state of health can cause a lawsuit to declare the sale invalid by relatives.
- Property owners are both spouses. Required notarized consent of a husband or wife to a transaction.
- number. Case study: the apartment was bequeathed in equal shares to brother and sister. But the brother illegally sold the property without notifying his relative. As a result, the court declared the transaction illegal and demanded the return of the property. The buyer in this case remained the affected party.
- Availability . The apartment may be mortgaged, etc.
- . Its consequences will have to be eliminated by the new owners (pay a fine or make repairs).
- The property is located in. Co-owners have a pre-emptive right to redeem part of the seller. Therefore, the transaction can be realized only after their refusal. Violation of this rule will lead to legal proceedings, and the court will be on the side of the co-owners.
- The house is on the list for resettlement. To sell apartments in such a building to private individuals is prohibited by law.
These are the main points that the buyer must pay attention to before buying a home. Any alarming fact should force him to double-check the submitted documents or continue searching for an apartment further.
FAQ
How to check the history of the apartment before buying it?
Answer: First you need identify the seller. For this, his civil passport and documents for the apartment are checked. Passport data can be checked on the website of the migration service. With an apartment it’s even easier - you need to order an extract from Rosreestr.
How to protect yourself in a power of attorney transaction?
Answer: Firstly, the power of attorney to carry out this kind of legal action should be notarized. The authenticity of notarization can be checked in the Spark system. Secondly, it is important to find out why the owner does not personally sell the property. The buyer must pay attention to the date of conclusion of the document. If the validity period is not specified, then the power of attorney is valid for only 1 year. If possible, it is advisable to talk with the owner of the apartment without his trustee.
Knowing how the purchase of housing in the secondary market occurs, it is easy to protect yourself from scammers. The main thing is not to rush, anticipating a housewarming party, but carefully check the documents and take into account possible risks.
About the risks and rules of buying a home in the secondary market - personal opinion on the blog of Roman Grinev.
If you have chosen a suitable apartment and agreed on a price with the seller, the next step is to check the legal cleanliness of the acquired property.
What is legal cleanliness?
The legal purity of real estate means the absence of obstacles to conduct and that the results of the transaction will not be challenged in the future by a third party.
Do I need to check the apartment for cleanliness?
The sale of real estate is the most risky deal in terms of fraud. With the aim of profit, crooks are developing various methods of cheating unsuspecting buyers. Negative consequences can lead to rash actions of the buyer himself. When acquiring real estate, the following consequences are likely:
- loss of ownership of acquired property and money spent on the acquisition of funds;
- the occurrence of rights to your apartment for 3 persons;
- loss of timewhile you were waiting for the transaction.
Recommendation! After registration of ownership of the apartment, it may turn out that the former owner has one, which you now have to repay. To avoid this, take it from the seller certificate of absence of debt. In the contract of sale, write down the clause on the seller’s responsibility for its repayment.
How Realtors Check Cleanliness
It is difficult to independently verify real estate and takes a considerable amount of time, in connection with this, many prefer to use the services.
The main task for a professional realtor is not so much a check as determining the occurrence of possible litigation risks for the buyer, ensuring the security of the transaction. The advantage of a realtor over a buyer is in experience and knowledge, what to look for when checking.
An experienced realtor based on the documents received identifies the identity, capacity of the seller. The extract from the house book is carefully studied for the presence of residents from the period of check-in, living on the day of the transaction, as well as those who left.
In addition, it is checked that if no one's rights are violated, and the applications of tenants who refused to privatize are drawn up correctly. If other persons are registered in the apartment in addition to the seller, then the consent of all tenants, the permission of the husband (wife) for the sale of real estate purchased after marriage, the permission of the guardianship council for minors, is required by a notary.
Then the extract from the Unified State Register is studied. To check the rights to inherited property, realtors turn to the notary's office, in which, on the issue of an extract from the notarial book that other people do not apply for it. In the case of housing as a result, a realtor for a duplicate of the death certificate of the previous owner appeals to the registry office. Particular attention is paid to whether encumbrances were imposed or whether legal proceedings were ongoing.
If the seller’s documents contain any discrepancies, the realtor bypasses the necessary institutions and requests information.
Upon completion, an act and a permit for the sale are drawn up.
Internet Check
Checking your home for cleanliness on the Internet will be difficult, since online you will only receive an extract from.
On the website of Rosreestr, anyone can order a version of the statement in electronic or paper form by filling out a special form. The cost of the document is 200 rubles. Payment is made using the ROBOCASSA service.
But at the same time this document not enough to comprehensively verify transaction cleanliness. It will only contain information about the owners of the property (without grounds for the emergence of a right) and the presence of registered encumbrances.
How much is the check
Checking the apartment for legal cleanliness is carried out in almost all law firms for a fee or in a complex accompanied by the entire transaction. The cost of the service is from 5,000 to 70,000 rubles depending on its volume, complexity, volume of work, region.
Five cons of notarial legal cleanliness of an apartment
The participation of notaries in real estate transactions is not necessary and the buyer has a choice whether to involve them in the audit or not. So, the lawyer Oleg Sukhov recommends notary services in this case to refuse on the following grounds.
Verification of over-evidence does not have
Legal verification of documents when buying and selling property is not a direct work, but additional earnings. In addition, a lawyer with a realtor can do the same work for the buyer. In this regard, documents issued by notaries in this procedure, super-evidence for the law do not have.
Recheck and excess cash
Immediately prior to the registration of the sale, the legal examination of the documents is carried out by the Rosreestr, which checks the history of real estate on the basis of the USRP and. And if the apartment has encumbrances, the transaction will not be registered. Accordingly, a notarial check will be repeat with the expertise of Rosreestr. In addition, a notary public officer examines only those documents that will be provided by the client. And, most likely, he will not establish people whose rights were violated during privatization and legally incompetent.
Notaries will not reveal the sale of property on fake documents. Consequently, even if there is a notarial check, there is a danger of colliding with swindlers.
Turning to a notary public can not only order a re-check, but also incur extra costs by paying a notary fee.
Difficult to get insurance
Under current law, private notaries obligated to insure risks to third parties. That is, to compensate for the harm caused as a result of professional activity, under an insurance contract.
In fact, insurance companies do not recognize all cases of damage as insurance. Appeal to the court with a claim for compensation of harm is also not a guarantee of compensation. Over the past 5 years, only 55 such lawsuits have been filed with the courts. It turns out that about 10 requests in the amount of about 20 million rubles are submitted annually. Proving the notary's guilt is problematic. Usually, deducted all for inconsistencies in the Unified State Register.
Notaries are rarely prosecuted
Criminal prosecution of notaries is rather difficult. To establish in court the fact of intentional infliction of harm or negligence does not guarantee that the guilty person will be punished. Basically, cases on them are terminated or an acquittal is issued. In extreme cases, a fine is applied.
Notary does not identify all possible risks
Due to the fact that there are many scammers in the real estate market, only an experienced specialist will determine the possible risks when making a transaction. And due to the fact that the notary is not aware of the specifics of the real estate market, the court practice in this area, respectively, will not be able to identify all the dangerous moments for the client.
Check through special channels
In the video below, practicing lawyer and realtor Victoria Ivanova touches on a topic that is not fully disclosed on the network - checking an apartment before buying using special channels, bypassing official sources. Of particular interest is the fact that the author of the video gives specific examples from his own practice.
Last update: 03/01/2018
You need to start naturally with passports. Here, not everything is so obvious as it seems at first glance. How to check it and what to pay attention to is described later in the next step INSTRUCTIONS- « Check passport» .
Concerning authoritySeller's apartment for sale ( does he have the right to dispose of it), then they are determined by the coincidence of the data of the passport of the person we have established, and the data about “Subject of Law / Copyright Holder”specified in or in.
In practice, there have been cases when an apartment was sold with a real passport, but the landlord himself was dummy. That is, fraudsters took the passport from the real owner, found a person who looked like him, and sold the apartment according to these documents. This option is possible if the owner of the apartment is a lonely person and is included in the so-called "".
The protection here is the usual questioning of neighbors about whether you know this person. The same grandmothers sitting near the porch, or the concierges in the porches can give very valuable information ( what regularly authorized officers use).
More about the situation with the Seller from risk groups described at the appropriate step INSTRUCTIONSfurther - " At-risk seller
».
Besides authorityThe seller, you must also make sure that it is complete legal capacity . This is also described later, in order, at the step INSTRUCTIONS- « Seller's capacity ».
If another person acts for the Seller, power of attorney, then our actions will be as indicated below at the appropriate step - “ Sale of an apartment by proxy ».
Verification of the identity of the seller of the apartment - a very sensitive issue, and some delicate people, by virtue of their education, may be shy to inquire from the Seller certain details. But such "delicacy" can cost us very dearly ( in the price of an apartment, for example) And if the Seller turns out to be, then for him such a shy Buyer is just a godsend.
So, not succumbing to the charm of our Seller of the apartment, and slightly strangling his innate modesty, we decided to check what kind of character he really is.
Let's start with the passport - click on the next step.
Hello. I'll start with the story. I was approached by a family who decided to buy an apartment for themselves. They picked the right one for themselves and decided to find out if the sellers really are the owners. To do this, they turned to one law firm and there they asked for 1,500 rubles for this information. I already jumped from the chair when I heard this amount. I told them that you can find out the owners of apartments yourself and much cheaper. Therefore, I wrote about these methods, which somehow come down to.
There are no free ways to find out the owners.
Information about property owners is stored in the Unified State Register of Real Estate (hereinafter referred to as the USRN). Ordinary citizens can not get free information from the USRN - this is written in paragraph 2 of Art. 63 of the Registration Act. Only law enforcement agencies, courts, bailiffs, etc. can get free of charge.
Do not look for any free services and databases with information about property owners. Most likely, these databases are outdated, because the information in the USRN is constantly updated + you can run into viruses.
The best way No. 1 - you will find owners in an extract from the USRN
All methods are somehow connected precisely with this extract from the USR. See below for a sample. Section №2 in paragraph №1.1 "Rights holder" shows who owns the apartment. The apartment is owned by a certain Bobkov, I painted over the rest. If the apartment is owned by several people, then with the name will be shown and the size of their shares.
(click on it to enlarge)
![](https://i2.wp.com/prozhivem.com/wp-content/uploads/2019/01/vypiska-egrn-kvartira-moskva-vostochnaya13-fio-vladelca-138x300.png)
The official name is “an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to a property”. In our case, the property is an apartment.
Service for ordering extract from USRN, which I use
An extract from the USRN is issued in electronic and paper form. An electronic statement is perfect to find out the owners: you don’t need to go anywhere, after payment it will be sent to e-mail; can be opened on a computer and on a smartphone; can be printed. Any person (not even a citizen of the Russian Federation) can order an extract for any real estate in the Russian Federation.
I used to order an electronic statement on the official website of Rosreestr, but now I use its partner service Ktotam.pro (order instruction). The cost of statements on both sites is the same - 250 rubles. But: 1) with Ktotam.pro send them much faster - on average after 1 hour. From Rosreestr, on average, they had to wait 47 hours; 2) From Ktotam.pro extracts are immediately sent in a readable form - you can open them on a computer and smartphone, no additional programs are required. From Rosreestr, you will receive an extract in an unreadable format.xml and you will have to convert it into a readable form. 3) In Ktotam.pro it is easier to fill in the order fields, which are much smaller. Also, when ordering, your passport data is not required. And on the website of Rosreestr it is difficult to understand what to fill out and in what form, plus you need to fill in all the passport data.
Extracts from Ktotam.pro also have an electronic digital signature of the registrar of the Rosreestr (EDS), i.e. they also have official and reliable information from the USRN.
Instructions for ordering an extract in Ktotam.pro
Order instruction with pictures. For clarity, I ordered an extract from the USRN for an apartment at Moscow, st. Vostochnaya, 13. I will not show the apartment number.
- Go to Ktotam.pro. Technical Support: [email protected], [email protected] You can also ask questions in the comments, but keep in mind - I am not the owner of the service, I only use it in my work.
- Enter the address of the apartment and click on the "Find" button.
This is what happened to me.
(click on images to enlarge)
In the "Street" field, enter only the name of the street, alley, boulevard, etc. Examples of addresses: example No. 1, example No. 2, example No. 3, example No. 4.
If the address of the apartment has a building, then do not worry because of the lack of an appropriate field. Just enter the address without the case, click on the "Find" button. In the next window, select the address in which the desired case is indicated.
If you need the city of Moscow or St. Petersburg, then type in the "Region" field. To search for other settlements, first enter the name of the region, then the settlement.
- In the window that opens, verify the address and click on "Select Object".
If the message “Rosreestr cannot provide information about the requested property. Check the correctness of the entered data and try again "- this means that the wrong address is entered or the Rosreestr server is" slowed down "(this happens). I advise you to double-check the address, and if it is correct, then wait a bit and try again.
If the message “No information in the electronic database of the USRN Rosreestra. Perhaps the last transaction for this facility was earlier than 2000, or the facility has the status “previously accounted for”. Unfortunately, we will not be able to provide an extract for this object ”- this means that Rosreestr in the region (subject of the Russian Federation) where the property is located, began to register transactions since 2000 (in some regions since 1998). Until 2000, transactions were registered in the BTI, therefore, in the BTI there is information about the copyright holders. The difficulty is that only the owners themselves or someone by a notarized power of attorney from them can request this information.
- Select "An extract from the USRN on a real estate object - 250 rubles." and click on "Further".
- In field enter email (e-mail) to which you will receive an extract, and click on "Next".
- Choose a payment method, click on the "Pay" button and pay for the order.
If you select "Other ways", then you will be given the choice of payment through Qiwi, terminal, from the balance of your mobile phone, electronic wallet, etc.
I always pay by credit card or from the balance of my mobile phone. It’s most convenient for me. To pay with a credit card, select the appropriate checkbox, click on the "Pay" button, in the window that opens, enter the card details and click on the "Pay 250 rub." To pay using a mobile phone, select the payment method "Other methods", click on the "Pay" button and select the mobile operator on the page that opens.
- Activate your account.
After payment, an email will be sent to the email containing the username and password from your personal account in the Ktotam.pro service (2). In the letter, click on the “Activate My Account” button (1). Check the Spam folder, sometimes the letter gets there.
(the letter looks like this)
- Cabinet activation message shown. You can close the window.
- Go to your personal account to make sure that the order is being processed.
To enter your personal account: 1) click on the "Login" button in the upper right; 2) in the window that opens, enter your email and password; 3) click on "Login". I remind you that the password was sent in a letter with the activation of the account.
When you enter, you will immediately be redirected to the "My statements" page. Scroll down and see your statement. It will be shown on the right that the order is being processed.
In the "Profile" section, you can specify a phone number to receive an SMS notification about the readiness of the statement.
- Once the statement is ready, you will be notified in an email (if in the profile indicate the phone number, then the readiness of the statement will be notified by phone). Check the Spam folder.
Also, the extract can be downloaded in your account. Click on the middle PDF button. The statement will be in pdf format, it can be immediately opened on the phone and computer using a browser. To print, press the right button with the printer sign. To download the archive with the source extract files, click on the button the left button "EDS". The archive statement will be in xml format. A file in the .sig format is an electronic signature of a registrar (EDS).
An extract was sent to me 50 minutes after payment. I showed her.
Method number 2 - on the website of Rosreestr
Please note that property owners are not shown for free on the Rosreestr website. I wrote about this in detail in my article, you will find evidence there.
To find out the owners, you will have to make a paid request on the Rosreestr website, or rather order for 250 r. extract from the USRN on the main characteristics and registered rights to the property. I do not recommend ordering it on the Rosreestr website, as send it on average after 2 days and in an unreadable form. In I talked in detail about this extract and where it can be obtained in 1 hour for the same 250 r.
If you do not believe me that the Rosreestr website does not show owners in the public domain, then see for yourself:
- Go to the page "Rosreestr - reference information on real estate objects online. This is the only page due to which you can get free reference information about real estate, there are no other similar pages;
Here everything is the same - just because they don’t call the owners, you will need to order an extract from the USRN. Cost - 400 r. in paper form and 250 p. in electronic. Statements are issued after 3-4 business days, there are delays. I know where for the same 250 p. electronic statements are sent literally in 1 hour -.
If you still decide to contact the offices of the IFC or Rosreestr - you only need a passport and money for an extract. You can contact any department, no matter where the apartment is. If there is an MFC in the village, then go there, because In this case, the Rosreestr branches do not directly accept citizens. If there is no MFC, then feel free to contact the offices of Rosreestr. Give the employee the address of the apartment you need, he will fill out an application, issue a receipt and indicate the date the statement is ready. Also, the readiness of the order can be found by phone. On the appointed day, come for an extract with a passport and a receipt.
Tax, notaries, housing office, BTI - just do not provide information about the owners
I am simply amazed at what they write on some legal sites. Allegedly, the tax / housing office / BTI will name the name of the property owners if you convince the employee that you want to buy this property and check it before buying. This is just complete nonsense, but people go and write in the comments that they were not told anything there.
Just like that, none of these organizations will name the ordinary citizen the full name of the owners of other real estate, either for free or for free. .