What nuances and pitfalls can there be when buying an apartment?

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How to choose an apartment so that the neighbors are decent, the walls are strong, the taps don’t leak, and uninvited guests don’t show up posing as residents? The answer is simple: you need to responsibly prepare for the search for real estate and write a list of questions to ask the realtor and the property owner. Having a “cheat sheet” will make it easier not to lose sight of important points and to identify all the pitfalls.

What questions to ask a realtor

Having set the goal of buying an apartment, a potential buyer turns to the media: looks at advertisements on Internet platforms and in print publications. The first thing you have to face is an information blockade from realtors. Advertisements from owners are difficult to access, they are instantly “intercepted” by agents, so the Buyer often has to talk not with the owner, but with a realtor.

A real estate agency employee involved in the sale of an apartment will never protect the interests of the buyer. He has a client - the owner, whose requests he will try to fulfill unquestioningly. To protect their interests, it is better for the Buyer to take care of hiring a realtor, or contact a lawyer and order legal support for the transaction.

If you have to cooperate with a realtor, you need to make sure of his competence and competence. A number of questions will help clarify the situation:

• What agency does the realtor work for? The reputation of an organization can be judged by reviews on specialized forums. Agencies with a long history of work in the real estate market have a staff of lawyers providing consultations. Often realtors work “for themselves”, and it is impossible to trace whether he has an agreement with the owner or third parties, or whether he is taking part in a fraudulent scheme. Working with a “loner” is dangerous, unless this person is familiar with excellent recommendations.
• How are fees for services provided determined? The work of a realtor is paid either at a fixed rate, for example, 150 thousand rubles, or as a percentage of the value of the property.
• When to pay a realtor: before or after searching for an apartment and signing a contract? The payment process is regulated by agreements between the parties. According to established practice, an experienced specialist with a heavy workload works with the condition of paying an advance (but not necessarily). Final payments are made at the final stage of the transaction, that is, after the execution of the contract or registration of the transfer of ownership.
• How will the legal purity of the transaction be verified, and who will be held responsible for improper fulfillment of the terms of the contract by the other party? As part of the agreement with the realtor, his responsibility for bringing the transaction to the final result is stipulated. More often, the seller is interested in whether he will be deceived, is the realtor responsible for checking the documents? The “legal purity” of a transaction is understood as the possibility of circumstances arising in which the contract may be declared invalid. A responsible realtor checks the authenticity of the documentation and tries to identify hidden defects, but this is not his direct responsibility. Therefore, it should be understood that if the contract is contested, the realtor will not be held liable.
• How many objects are subject to review and in what time frame? If the agent is in no hurry to respond, or says that the number of objects is unknown and the duration of the contract has not been established, you should be wary. There is a possibility that views will last a very long time. If you need to buy an apartment in a short time (for example, before the end of the lease term in your existing housing or in connection with the birth of a child), you should indicate a specific period for searching for housing, which can always be extended if desired.

After the object of purchase has been determined, it is necessary to find out:

• with whom the contract will be concluded - with the owner of the apartment or with an authorized representative;
• who will collect documents;
• what form of agreement will be (simple or notarial), who will pay the state fee for the notary;
• how payment for real estate is made.

It is necessary to interact not only with the realtor, but also with the owner of the apartment.

A qualified realtor working for the seller will know no less about the apartment than the owner himself and will be able to answer any question. Sometimes interaction with the apartment owner does not make sense, since all issues are resolved by the agent. If a meeting is scheduled with the owner, it is necessary to directly find out all the nuances regarding the condition of the property and the execution of the transaction.

Transfer of apartment to buyer

If the process of accepting an apartment from the developer has already passed, and the time has come to register ownership rights to this property, then the buyer may face the last of the risks - difficulty in obtaining the specified right. The house may have already been commissioned, but if the developer invited third-party investors to participate in this project, disputes could arise between them about the fulfillment of obligations, making mutual settlements, and so on. And until all controversial situations are resolved in court, it will be impossible to register the property as property.

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Federal Law of December 30, 2004 N 214-FZ (as amended on July 3, 2016) “On participation in shared construction”, “Rossiyskaya Gazeta”, N 292, 12/31/2004

What questions to ask the owner or seller of the apartment

Don’t be shy about coming to a meeting with a notepad and pen. It is better to make notes in advance with a list of questions for the owner of the apartment being sold, and write down the answers received next to it. Subsequently, it will be easier to clarify whether the transaction poses a threat of loss of funds and property.

How long is the apartment owned by the seller or owners if the apartment is sold by shares? On the basis of what document did the change of ownership take place?

The title document can be:

• real estate purchase and sale agreement;
• gift agreement;
• certificate of inheritance;
• barter agreement;
• agreement on the assignment of rights of claim (if the apartment was purchased on a primary basis);
• certificate of payment for the share (when purchasing an apartment through participation in a cooperative);
• lifelong maintenance agreement with dependents.

If the apartment was inherited less than 3 years ago , it is possible that claimants may appear. To check the information, you must contact the notary who issued the certificate and find out who, besides the Seller, has the right to the inheritance. If the housing was received a long time ago ( 3 years ago or more), the likelihood of other heirs being announced is negligible.

You should be wary of apartments transferred to the owner by court decision. It is possible that the relatives of the former owner or he personally will want to challenge the decision. If the challenge was not initiated within six months after the court decision was made, the worries are in vain.

The basis document must be reflected in the USRN extract. You should pay attention to the date the document was issued. If the property was purchased less than a year ago, and before that there was a frequent change of owners, the apartment may be resold due to the presence of hidden defects or is involved in the implementation of fraudulent schemes.

How many owners are in the apartment?

The property may be sold on behalf of one or more owners. In order to reduce the tax burden, co-owners may request the conclusion of several purchase and sale agreements. In this case, each of the co-shareholders will have to obtain permission to sell from the other owners.

Agreements relating to the sale of shares must be certified by a notary, and this entails additional costs. You should find out whether the Seller is ready to pay the state duty on his own.

Are there any minor children among the apartment owners?

If it turns out that the apartment was purchased with maternal capital, received as a result of privatization for all family members, it means that some share of the property was allocated to the child. According to the law, it is impossible to sell the property of children without purchasing another - alternative housing, which will not be inferior to the sold one in terms of square footage and in the share ratio.

Registration of the purchase of an apartment with a minor owner means that an alternative transaction is planned. In this case, you will have to enter into a preliminary purchase and sale agreement and wait until the seller receives permission from the guardianship and trusteeship authorities to sell the property.

The positive thing is that the buyer can ask for a price reduction, because the transaction will take 1-2 months longer to complete.

Who is registered in the apartment?

Among the persons previously registered in the apartment there may be citizens staying in places of deprivation of liberty, undergoing compulsory military service, or undergoing treatment in a hospital. According to the law, forced absence is not grounds for deregistration, which means that after returning, citizens will be able to move into the apartment again, and they can only be evicted through the court.

Are there any encumbrances on the apartment?

There may be a ban on the sale of real estate. Main reasons:

• The apartment is pledged to the bank. Then its sale is possible, but only after obtaining the consent of a representative of the financial institution for the sale.
• The property has been seized. If the Seller did not pay alimony or committed illegal actions that resulted in the seizure of property, the sale of the apartment will be prohibited until the violations that led to the seizure are eliminated.

If the financial institution has given the go-ahead for the execution of the contract, the funds transferred towards the cost of the apartment will be used in whole or in part to pay off the mortgage. The transaction is not risky, since the process of selling an apartment with a mortgage has been worked out in detail, but the paperwork will take longer (about 1 month).

If the apartment is under arrest, the Seller may ask for a deposit or an advance to pay debts and remove the encumbrance. Whether it is worth relying on the Seller’s good faith is up to the Buyer to decide.

Has the apartment been remodeled, have the changes been legalized?

You can move a door or window or destroy a wall in an apartment if you have permission from the BTI. However, often the owners, having brought the premises to their own ideal standards, are in no hurry to legitimize the changes, and, anticipating difficulties, sell the apartment without the necessary documents. Such a transaction can be registered without any problems, but in the future, if the new owner wants to change something or sell the property, he will have to eliminate all the shortcomings. Registration of redevelopment can cost from 10 to 100 thousand rubles.

Even if the owner says that no changes were made, it is recommended to study the technical plan and compare the actual location of the walls with that indicated in the document. Particular attention should be paid to the walls drawn in red in the drawing. This designates load-bearing structures that cannot be changed.

If the apartment has gas equipment, it must be located in a strictly designated place. All changes are coordinated with the gas service and housing inspection. Even a slight movement of the gas stove is considered a redevelopment.

Have utilities been paid?

According to the law, the new owner does not have to pay all debts accumulated during the period of residence of the previous owner. However, constant reminders of the need to pay bills for water, electricity, gas, solid waste removal and other debts will regularly spoil your mood. The buyer will have to seek payment of the debt from the previous tenant, but if he did not pay for services while living in the apartment, then should he be expected to be responsible when moving?

The buyer’s task is not only to inquire about debts, but also to obtain a “bypass sheet for organizations providing housing and communal services.” The document will reveal the real amounts of debt.

Are there hidden defects in the apartment, what is the technical condition of communication structures?

The owner may hide the fact that the roof of the building is leaking, mold appears on the corner wall in the spring, and heating problems constantly occur in the winter. It is necessary to highlight the main areas of analysis of the condition of the premises and enlist the help of a construction specialist. It will help to identify defects not only based on a visual inspection, but also when reading the technical documentation.

What are the walls made of, is it cold in the apartment in winter, is it hot in summer, does the apartment have independent heating?

You should consider what type the house is. The cheapest apartments are in panel houses. They have poor heat and sound insulation, and illegal redevelopment can lead to the complete destruction of the house. Cracks often appear at the joints.

Monolithic houses have good thermal insulation and are resistant even during seismic activity. Disadvantage: poor sound insulation. A monolithic wall will transmit the sound of a hammer drill several floors down and up.

Mostly elite residential complexes are built from brick. They have the best indicators of heat resistance, sound insulation, and environmental safety.

Is the heating system working?

If the apartment has cast iron, copper or aluminum radiators, it is necessary to assess the degree of wear and identify areas with signs of rust. If you have metal-plastic or polypropylene pipes, you should ask how long ago they were installed. Although manufacturers guarantee a service life of up to 50 years, in practice wear appears after 10-15 years of service.

If the apartment has autonomous heating, you should check the legality of the installation of the equipment, the availability of permits from local authorities, and the gas service.

What is the condition of the electrical wiring?

Copper is considered the best, and aluminum is less resistant to loads and voltage surges. To reliably determine the condition of the wiring, you should turn on several electrical appliances at the same time. If a residual current device (RCD) is triggered, it means that somewhere there is an area where current leakage occurs, although the presence of working automation is better than a short circuit. Ideally, each branch of electrical wiring should have a separate RCD.

When the plumbing was changed, were there any problems with its operation?

Only a visual inspection of the equipment and checking for blockages will help to assess the situation.

Are meters installed in the apartment?

If you have devices for metering the consumption of electricity, water, gas, utility bills will be lower.

To ensure a comfortable stay, you also need to find out:

• Are there sources of radiation pollution or increased noise nearby? Perhaps there is a railway or an airport nearby, and the realtor is trying to show the apartment in the intervals between the passage of a train or the landing of a plane.
• Are infrastructure facilities and transport interchanges far away? You need to ask the owner whether it is possible to get to the property by public transport and how often it runs on a schedule, at what distance are supermarkets, a school, and a kindergarten.
• Who lives nearby? It is desirable that friendly people without bad habits or mental disorders live behind the wall.

These groups of questions can be asked simultaneously to the owner and the realtor, and then the answers can be compared. This will make it clearer who is lying when talking about the condition of the housing. One way to get reliable information is to meet your neighbors and discuss the advantages and disadvantages of living in the chosen house or area.

The buyer can independently ask many questions and evaluate the apartment visually, but if there is a lawyer nearby to accompany the transaction, he will not have to worry about the legality of its implementation.

What documents should I check to identify hidden owners?
Which document reflects the layout? Who can use the property after the conclusion of the contract? Is it safe to buy a particular property or should you skip the inspection and look for a less risky option? The site’s lawyer will provide answers to all questions. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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What you need to know about selling an apartment with minor owners

The execution of a purchase and sale agreement for residential premises, among the owners of which there are minors, can be carried out with the consent of the guardianship and trusteeship authority. The main condition in this case is that the housing situation of minors should not worsen. Otherwise, the completion of such a transaction will not be allowed by the guardianship and trusteeship authorities.

The agreement is signed on behalf of minors by legal representatives. And persons aged 14 to 18 years old enter into an agreement independently, but with the formalized consent of the parents, certified by a notary, with the permission of the guardianship and trusteeship authorities. If minor family members do not own the residential premises being sold, there is no need to obtain permission to sell from the guardianship and trusteeship authorities.

When buying an apartment, you need to pay attention to many details, since negligence can later result in a large waste of money, time and your own nerves.

Here are some tips for you:

• before buying an apartment, always check the owner’s documents for the authenticity and completeness of the data, do not contact people who are trying to sell the property by proxy, even if it is genuine, try to immediately find out all the important details;
• make sure that the apartment you choose is in good technical condition, and also check with the seller in advance whether it will remain in the same condition after purchase - sometimes the seller takes away plumbing fixtures, furniture, household appliances, and so on;
• check the legal purity of the apartment; strangers should not be registered in it, especially incapacitated people, minors, disabled people and pensioners; in the future, these categories of persons can present their rights to own real estate.

Problems can also be added by heirs who did not enter into the legal right of inheritance in time, and after that they suddenly want justice and go to court.

Of course, these are not all the points that need to be taken into account. If you are afraid that you cannot handle it yourself, invite a realtor. Are you confident in your abilities? Then get ready to learn all the secrets.

Stages of purchasing an apartment, such as signing a contract and payment, have many nuances:

1. Make sure that the purchase and sale agreement is drawn up correctly. It is recommended that you engage a real estate professional or lawyer to ensure that the signed contract contains all the necessary information and is valid.
2. For mutual settlements, choose only reliable and proven payment methods - safe deposit box or letter of credit. It is very unsafe to use cash to pay for an apartment, and if you decide to take such a step, be sure to take a receipt.

These two tips alone will allow you to significantly reduce the possible risks when buying your own apartment, especially in large cities where, alas, fraud is rampant.

How to buy on the secondary market

As practice shows, it is worth purchasing property on the secondary market in the fall and spring. During this period, the market revives and new proposals are introduced.

Algorithm of actions when purchasing an apartment:

1. search for the required object. To avoid risks, you need to contact a realtor or familiarize yourself with the possibility of carrying out the procedure yourself;
2. inspection of the living space. This stage involves clarifying all documentation and technical condition;
3. seller verification. Without fail, when purchasing on the secondary market, there is a risk that the person is not considered the owner;
4. negotiation. In this situation, it is necessary to discuss all the terms of the transaction, including the value of the property;
5. conclusion of a written agreement;
6. registration actions in the Russian register.

On the secondary market there are also some nuances when it comes to registration:

1. sale by proxy. Making a purchase with a trusted citizen is possible only after a thorough check of the documentation;
2. transaction with legal entities. You need to be wary if the other party is a company;
3. when purchasing an object using maternity capital. In accordance with current legislation, this type of property is registered in the name of all members of the social unit, and, accordingly, of children. If this does not happen, then the transaction has the right to be considered illegal;
4. in the presence of an incapacitated owner. Most often, these are alcohol and drug addictions, mental disorders. Then the contract is declared invalid;
5. if there are two spouses who own the property;
6. equal shares according to the number of heirs;
7. the presence of burdensome measures;
8. the presence of illegal redevelopment promises a fine and elimination of alterations;
9. the priority right to repurchase with equity participation has been violated;
10. The building is on the resettlement register.

Important

At the moment, it is possible to purchase an apartment on the secondary market and in a new building, as well as with a mortgage and with maternity capital. To avoid misunderstandings, the transaction should be made through a real estate agency, which will check all the pitfalls on its own.

When purchasing a property, you need to make sure it is legal. This aspect involves the preparation of all documentation.

The main features here are:

1. When entering into a written agreement, it is worth working directly with the property owner. If interests are represented by a trustee, then all documents for authority must be checked;
2. it is worth concluding a preliminary agreement if a deposit or advance payment is transferred;
3. all actions to conclude written documents must be carried out through an authorized person who certifies the main aspects. Allows you to secure the operation;
4. Once the agreement is written down on paper, you need to transfer the funds using the specified method. The operation is confirmed by a written document;
5. After purchase, all registration actions are formalized in the Russian register with the submission of an application and a list of documentation.