Apartment logice

Buying an apartment in the secondary real estate market. Guide to the stages of such a transaction, allowing to avoid pitfalls.

Photoxpress.ru.

If you decide to buy an apartment, you have to choose money in the construction of a new one or purchase housing in the secondary market. Increased cases of deception of shareholders encourage many potential buyers to choose the second option. For them, we offer a guide to the stages of such a transaction, which allows to avoid submarine stones.

So, the decision is made, you are buying an apartment not in a new building, but on the secondary market, already cursed and equipped. Pluses are undoubtedly you do not have to wait for the end of construction and guess whether the house will be raised on time. In addition, when purchasing an apartment in the house under construction, you have to do about 6 months to expect the state registration of ownership of it. However, someone who is looking for secondary housing is needed to be very attentive. This segment of the market is increased risk. Here is more sophisticated fraud, than on the primary, and the return time of the apartment is 3 years from the moment of detecting the illegality of the transaction. Any of the former owners of housing can protest the transaction during the specified period (and the grounds for this mass, sometimes even deliberately created). If there were violations of the legislation, the court returns parties to the original position. The number of terminated transactions in the real estate market is not so small: in Moscow, for example, about 3% of the total number of them. In order not to increase this sad statistics, you should think about all your actions.

Choose an apartment

Where to begin? Of course, with the search for an apartment. If you are not limited to the means, contact the real estate agency whose specialists will pick up suitable living space. The first underwater stone awaits you here. Relations with a real estate company need to be issued documented. It is very important in the text of the contract to indicate all the parameters of the apartment you are looking for: district, house type, floor, area, number of rooms. The more complete information your agent will receive, the easier it will be to find the appropriate option.

Please note that the Agreement with the Agency should determine the size of the realtor's remuneration. I am a single advice. A large turn on the point that the Agency will select you at least three housing options that satisfies your requirements, and within a certain period. In the opposite case, the realtor will have to return to you an advance and pay a penalty. Of course, this state of the contract does not mean that you can be capricious and abandon all the offered apartments that meet your conditions. If the term was missed by your fault (for example, you rejected the options provided by the agency without explanation of the reasons), you will get back the advance payment of the amount spent by the realtor to search for an apartment.

Buyer Apartment does not pay taxes. The seller will pay income tax - 13% of the cost of the apartment (with deduction of benefits). But if the accommodation you sell belonged to you more than 5 years or cost less than 1 million rubles, you are freed from the payment of tax. If the seller owned an apartment for less than 5 years, he will have to pay tax with the amount of income from the sale of real estate exceeding 1 million rubles.

Even going to buy an apartment through agency, start with the study of the market. A person who has such information is not easy to circle around the finger - after all, he has an idea of the prices in the housing market, and therefore is ready to speak with the realtor in the same language.

If you decide to act independently, without resorting to the help of the real estate agency, the market research is simply necessary, this is how you will find the options that are setting up. At the next stage, it will be necessary to call the owners of the interests interested you, it will require time and strength.

As soon as you select a few suitable options for apartments (or you will find them yourself), you need to familiarize yourself with them. Do not comprehend time to inspection and note that most often you have to reckon with the schedule of the day of the potential seller.

After examining the apartment, do not forget to ask who exactly is her owner and who is registered on this housing. Here and expects the next underwater stone, in the case of the purchase of an apartment is not the owner, but at his trustee. Purchase by proxy is extremely risky. The problem is that the seller may not be unreal - unfortunately, it is almost impossible to check the authenticity of the power of attitust. The same it happens that the apartment itself is rented for a long time and is illegally privatized. To find out who is the true owner of the housing, contacting the local branch of the Federal Registration Service for the Russian Federation.

Chatting with the owners of the apartment, find out when the house did overhaul and whether the building is not worth a demolition or reconstruction. You can check this information in the Unified Customer Directorate. But the most important thing is to ask if the owners of redevelopment did. This term designates any changes that should be reflected in the BTI Plan. Uncoordinated redevelopment is another underwater stone. The redevelopment agreement procedure is quite time consuming and requires considerable cash costs, and the legalization of the already made reorganization takes even more forces, tools and time. Therefore, listen to our advice: To protect yourself, be sure to ask the owners a plan of an apartment issued to the technical inventory bureau. The document must be obtained no earlier than 3 months before you inspect (and maybe buy) an apartment. Make a plan with a real dwelling state, pay attention to the location of the walls, the presence of additional equipment. If it is difficult to yourself, ask for help from friends.

Remember: inconsistent redevelopment threatens you not only with a fine. According to the high links (organization responsible for coordination of the redevelopment), you may be obliged to bring an apartment to the original state (if the redevelopment was made with a violation of the law, for example, the kitchen was transferred to one of the living rooms or demolished the bearing wall).

Pretch?

The next step that you have to do is to agree on the value of the attracted apartment. Be prepared for the fact that the seller will call the price distinguished from the amount that was specified in the ad. Travel - this is not greed, but common sense.

It is possible to ask for a reduction in cost for several reasons: an uncomfortable location of the apartment (not a good area, remoteness from the subway, lack of shops, kindergarten, schools, clinics IT.D.), the need for urgent repairs, inconsistent redevelopment. But it is important to know that too low price is a certain danger. First, it happens that the cheap apartment refers to the category of controversial - this means that there is a judicial dispute (for example, with the neighbors who caused damage to repair). Secondly, the seller's unclean on his hand can go to court and get a very real opportunity to sue you housing, if you prove that I concluded that signedly disadvantageous transaction under pressure from complex life circumstances (as well as depression, intoxication, threats), at that time As you specified in the contract, the cost is significantly less than that which is actually paid. Remember: to not stay and without money, and without housing, put in the contract exactly the amount you give for the apartment, no matter how you persuade you to specify less. Thirdly, it may well find that you buy housing "under the encumbrance". For example, the predecessor of your seller for some reason "forgot" write out of the apartment of a relative who serves punishment in prison, or when privatizing housing did not include young children, or hid that the former spouse (spouse) claims to be part of the area. Fourthly, if a purchased apartment was once bought from a representative of a "risk group": a lonely elderly person, a disabled person, either the owner, in the family of which there are persons who are registered in a psychoneurological or narcological dispensary. Of course, with this development of events, you will be recognized as a conscientious acquirer, and therefore the law should be on your side. But you are waiting for a court with him and inevitable big expenses, lost time, unpleasant experiences ... However, you decide to you, so appreciate your future spending.

At the stage of trading, it is also necessary to discuss the size of the deposit (the amount you give to the seller to confirm your intentions is usually about 30 thousand rubles) and the advance. Advance is a preliminary payment; Its part of the parties say in each specific situation, but, as a rule, it is at least 10% of the main cost of the apartment and is paid in the event that the buyer and the seller agree to divide the entire amount into two parts. This is convenient if the seller takes time to take things from the apartment or settle some legal formalities associated with housing. In order not to lose the buyer, the seller can offer you to conclude a preliminary contract of sale (in fact, this is an agreement on intentions) and make an advance. If for some reason the transaction will not take place, the advance payment should be returned to you in full. As for the deposit, it all depends on what reasons the contract was terminated. Well, if you refused to buy an apartment, then the deposit will remain with the seller.

Often realtors in the purchase price of the apartment include their commissions, and the cost of execution of the transaction, without informing the buyer. Therefore, in the contract, designate the amount of remuneration (better - fixed amount), as well as specify the buyer or seller - carries the costs of designing the transaction.

Making and deposit, and advance should be issued in writing. When transferring both both, and be sure to make a receipt to receive money that the apartment seller must sign. It is written in arbitrary form, but in this document must be specified:

Who transmits money (buyer's passport);

Who receives money (seller's passport);

On what basis money is transmitted - usually they write in the receipt: "... as an advance payment for the apartment";

The exact address of your future housing, for which you give a deposit or advance, up to the indication of the floor;

The main characteristics of the apartment (number of rooms, layout, metrah);

the amount reported by the buyer and its purpose is an advance or deposit;

Payment date.

Trust but verify!

The main difficulties await you at the stage of verifying the legal purity of the future transaction. First of all, you have to check the history of the apartment. If you decide not to use the services of the realtor, then your task is complicated. From the seller you will receive the following documents that will help you find out the real state of affairs:

passport or other identity document;

Expanding documents for an apartment (issued by the Registration Chamber certificate of ownership, an agreement of exchange or donation, sales contract with the previous owner, the certificate of inheritance and other documents, depending on what the ownership of the seller's ownership is founded), which have passed a mandatory state registration . In the right-ending documents there is always the name of the owner of the housing;

Help on the estimated cost of housing (on inventory prices) and a technical passport for an apartment (these documents issued to the technical inventory bureau will confirm that you buy the apartment for the square and layouts that are specified in the contract);

certificates from the ERC and the Tax Inspectorate on the lack of debt on utility payments and real estate taxes (or a copy of the personal account or a certificate from the house management);

Permission of the guardianship and guardianship bodies for the commission of sale of sale (if it affects the interests registered in the apartment of minors)

an extract from the house book on prescribed (registered) in the apartment of persons;

Notarized consent of the spouse or spouse, relatives of the seller of housing for the commission of sale and selling (if spouses or relatives are apartment co-owners).

Of course, even this rather long list of documents is not enough to complete the transaction check. You can enlist the seller's consent and taking power of attorney and copies of the right-pointing documents for an apartment, get an extended extract from the house book. She will help you make sure that you know all people registered in this apartment. This means that after the conclusion of the transaction you will not be waiting for a surprise in the face of applicants for living space from among the relatives of the former owner of the apartment. In order to get additional guarantees, include the purchase and sale point in the seller's duty to release a residential premises after the conclusion of the contract. Clearly specify in the text that after the expiration of the distributed seller to move, you get the full right to embed your locks and no longer let the former owner in the apartment, now belonging to you.

But the hidden pitfalls still remains a lot. For example, the owner-a blower declares the state registration authority that he lost the previous contract of sale, and asks to confirm his right to housing. Since these contracts do not exist according to the law of duplicates, it is issued an extract from a single state register of rights to immovable property and transactions with it. Over time, the unclean owner of the apartment may well receive several such documents (under the same pretext of their loss), conclude a few sales contracts again, assuring them in different notarial offices, collect money and escape. Therefore, it is better that the seller, as evidence of his right to housing, show you your own contract for the sale of apartments with the previous owner. However, you will have a reason to alert if, instead, he will demonstrate the reference of the registry mentioned.

You need to check the very seller of the apartment: you need to make sure that it is fully capable (that is, it is not registered in the drug physician, nor in the psychoneurological dispensary), otherwise the transaction can be recognized illegal. Watch his documents, if possible, deposit his photos in the passport and at the account in the passport desk, ask the neighbors ... Be sure to find out how many owners at the apartment, - all of them should agree to sell their property. Doubt the transaction or enter the title insurance contract. It guarantees reimbursement of financial losses in case of deprivation of property rights, if the court recognizes one of the transactions with it invalid. Rates make up 0.3-2.5% of the sum insured.

If you buy an apartment through the real estate agency, the realtors will take part of the problems. They will find out everything that can prevent the conclusion of the transaction or complicate your life after registration of the contract of sale. Nevertheless, there is a very important question - will the realtor be responsible for the legal purity of the transaction? You can not give an unambiguous answer. Any contract to theoretically can be terminated in court, since it is completely guaranteed that the deal will be concluded and everything will pass smoothly, no one to the real estate, even very experienced. Therefore, note: the Agency is responsible for mistakes made by its employees directly when making a sales contract, as well as for violating its obligations. The realtor cannot respond for the seller, but not to risk his business reputation, the agency, of course, is trying to check each client and the apartment offered to them.

The deal is more valuable then money?

In order to conclude a sale agreement, the buyer needs only a passport. If you buy an apartment is not alone, but in collaborative property, you will need the written consent of all future owners to make a transaction.

The draft treaty is desirable to prepare in advance you will have time to clarify its provisions and agree on controversial issues. The preparation of the contract requires certain skills, so it is better to entrust it to professionals. The contract is issued in three copies in a simple writing, and all its sheets are definitely sewn. Confirm the signatures of the parties. It is best to conclude a contract in the presence of a notary: although on the Civil Code of the Russian Federation, notarization of the contract of sale is not obligatory, this simple legal formality will give additional guarantees of the safety of your transaction.

A residential purchase must necessarily indicate:

date and place of its conclusion;
subject contract for sale;
Accurate address and characteristics of the apartment (number of rooms, a member); the cost of the apartment;
The size of the deposit and advance (if it was);
The period during which the seller undertakes to free the living space;
Who pays the costs associated with the design of the contract for the sale and rental of a bank safe;
Passport details and signatures of the parties. (The contract must sign all adult owners of the apartment. Signs of children from 14 years old and older who have not yet reached the age of majority, are certified by signatures of their parents.)

Safe or "diplomat"?

We now turn to the most important stage of concluding money transaction. This usually happens after the contract is signed and the buyer got the keys to the apartment. Among the methods of transferring money, the palm championship belongs to calculations through the bank cell. Typically, realtor agencies insist that their customers use the services of the depositary and transferred the money in this way. The buyer concludes a rental agreement for a safe cell in a bank and lays money into it. Under the terms of the contract, the key of the bank cell serves as a "skipping" to the money, so after the conclusion of the contract of sale, interested parties (the seller and buyer, usually accompanied by realtor) are sent to the bank where all further calculations occur. Wetlands, guaranteeing confidentiality and security, the seller can make sure that money is really in its cell. To do this, it is enough to open the key that the buyer reports to him, bank safe. If the transaction breaks down, the key to the seller is not awarded, and therefore the buyer can always pick up his blood from the bank safe.

The second way of transferring money - transfer them by non-cash payment is the most optimal: it is not necessary to check the authenticity of the bill (for this operation in the bank will have to pay). In order for the seller to receive what is due to him, it is enough to fill out the appropriate payment order in the bank. It is more convenient to do this after signing the contract and in the presence of the seller: and you will be sure that the deal took place, and the seller will make sure that the money was sent to his bank account.

There is another option "non-cash" - bank calculations using a letter of credit or collection order. For this you pre-reserve the amount equal to the cost of the apartment. Get it on the hands or translate to your bank account the seller will be able only when it presents a bank employee certified by a non-notary contract of sale.

In order to defend themselves in cases where the seller turned out to be unfair, and the buyer was caused by material damage, the real estate agency insures its responsibility. The reference to the fact that the realtor is insured, must be necessarily incorporated into your apartment purchase and sale agreement.

By selling an apartment, many seek to reduce the amount of the tax that they have to pay, and do not want to promote the fact of obtaining such a large amount (according to the Law, the Bank is obliged to inform the tax inspectorate that more than 90 thousand rubles received at the expense of the client). Therefore, you may be offered to transfer money in cash. The minuses of this method of transferring money is much more than the pros: it is necessary to bring a large amount of money and take care to convey them in a safe place. In addition, the seller may want not only to recalculate money, but also check the authenticity of the bill, and for this you will need special equipment. Given all the difficulties, we do not recommend transferring money in this way. If there is no other option, agree with the seller about the transfer of money at neutral territory and with witnesses. In this case, making a receipt in receipt of cash, do not forget to mention the presence of witnesses and specify their passport data.

We enter into rights

After the conclusion of the contract and the transfer of money, you should be in your hands not only the keys from the new home, but also the settlement books of utility payments. It is necessary to make an act of receiving an apartment, where they indicate, in what condition you got housing (in particular, do not forget to mention the presence or absence of things of the previous owners). They write him from the hand in free form, but sign up both sides (buyer and seller).

The contract for the sale and purchase of real estate is mandatory registered in the registration chamber or its branches. For recognition, confirmation and certificate of status of a new housing owner must pay about 500 rubles. Documents confirming information that you bought an apartment in a single state register of rights to immovable property and transactions with it will be ready for about 1 months (accelerated registration will cost you more than normal, but it will take only about 5 working days). Ato moment you will become a full-fledged owner of the apartment.