What you need to check before buying an apartment

Buying an apartment, I want to live in it just as much as I want myself. You won’t surprise anyone for a long time with the concept of “cleanliness” of an apartment you are buying. However, the depth of this concept is far from as unambiguous as it seems at first glance and over time new circumstances arise that need to be checked.

What are the possible problems realtors are now paying attention to when assessing legal security when buying an apartment on the secondary market?

Arrests, encumbrances, restrictions

Information, the need for verification of which lies on the surface, and its implementation is not difficult. Get information from Rosreestr about encumbrances, arrests, bans, etc. imposed on the apartment can everyone in relation to any room. City sketches It is enough to know the exact address or cadastral number of the dwelling.

Power of Attorney for sale. Check three times

The Civil Code provides for the transfer of their property rights, including the disposal of real estate to third parties. A confirmation of such a transfer is a power of attorney, which must be executed by a notary public.

First of all, you need to make sure that the power of attorney has not been revoked by the owner. However, this will not be enough. Suppose that by the time of signing the contract of sale of the owner is no longer alive. In this case, no one revoked the power of attorney, but it is not valid either. In order to avoid this situation and exclude fraudulent schemes, you must find a way to communicate with the owner and make sure. That he really is who he claims to be.

Is it possible to check the inheritance

Apartments that have passed in the order of succession are always fraught with a hidden threat of the appearance of unknown heirs, those who did not know and could not know about the death of the testator. Checking the circle of potential heirs is not possible.

Another plot fraught with danger is dependents. This category of persons has the right to an obligatory share in the estate. If such heirs are not included in the number of owners, it is possible to terminate the subsequent contract of sale.

More recently, the media told about a case of fraud, when the death certificate of the testator and the birth certificate of the heir were forged. As a result, the notary issued a certificate of inheritance and Rosreestr registered it. The apartment was sold, and after some time the supposedly deceased “testator” rang the doorbell. Now the investigating authorities are dealing with the issue.

No one canceled the Family Code

In accordance with the Family Code of the Russian Federation, all property acquired in a marriage is jointly acquired, regardless of which spouse it is registered for. The exceptions are cases reflected in the marriage contract between the spouses.

This means that for the sale of an apartment you need to get a notarized consent, if the owner is not married, then he makes a statement.

The problem is that if there is no stamp in the passport, and the owner of the apartment is hiding his marital status, then in the future you can become a participant in the trial.

The same applies to cases where, as a result of a divorce, a court decision or settlement does not describe exactly which property which of the spouses remains. The dissatisfied spouse in the future, even after several years, can dispute transactions with property of the second party.

Infringement of the rights of children

Stories about minors not included in the number of owners in the privatization of apartments are known to everyone. In such situations, safety mechanisms have long been developed, the main thing before the transaction is to identify this dangerous fact. Also, one should not forget that the discharge of children on the eve of privatization can be recognized as an infringement of their rights.

Things are much more complicated with the innovation of recent years – maternal capital. Unfortunately, there are many cases when minors are not included in the number of apartment owners when using maternity capital when buying. This is the same violation as in the case of privatization, and the basis for terminating the subsequent transaction. But a certificate from the pension fund on the receipt of maternity capital, many are not used to asking owners yet, and many do not know.

For some time now, it is not necessary to obtain the consent of the guardianship authorities in the sale of apartments in which children are only registered at the place of residence. Therein lies the danger. If as a result of an apartment sale transaction, the living conditions of minors are significantly worsened, then such a transaction may be terminated. You always need to know where the kids will go from the apartment they’ve bought.

And don’t forget about bankrupt

Another modern trend is the legislation on the bankruptcy of individuals. The danger lies in the financial position of the owner. Well, if it turns out that bankruptcy proceedings are already underway against him. In this case, the apartment will be seized and it simply will not be possible to acquire.

It is much worse when the seller is already in debt, but not yet declared bankrupt, and seeks to sell the property in order to conceal it. When, subsequently, he becomes bankrupt, the apartment can be taken from the new owner and used to repay debts to creditors. Such a situation is real even for a bona fide purchaser.

Action must be conscious

Another danger for the new owner of the apartment is the category of people suffering from various diseases, as a result of which they do not realize the significance of their actions. It is not just about alcoholics, drug addicts or people with mental disorders. There is a list of diseases with exacerbation of which similar conditions are also possible. And if the status registered in the IPA and ND can be checked, then you won’t go through the entire list.

It should be remembered that it is not necessary for such a person to be deprived of his legal capacity or limited to it, and in the future he may file a lawsuit against the new owner to invalidate the contract in view of the transaction in a state where he did not understand the meaning of his actions.

In conclusion, we note that far from always such actions of sellers are thought out in advance and are planned fraud. Situations are much more common when a completely kind and decent seller himself does not know about a violation or a problem and is a law-abiding citizen and a respectable participant in the transaction. However, over time, circumstances may change, the person under their influence, too, but the presence of legal grounds for terminating the purchase and sale transaction will not disappear …