Everybody knows that real estate transactions are subject to state registration in the Registration Chamber, but the hike in registration chamber - it is possible to tell, the last stage.Before that, you must take a number of actions to check for at least three components of the transaction:
- Check the person deals.
- Check the apartment, which is the object of the contract of sale.
- Check the text of the treaty.
Let us examine briefly each stage
Any transaction, including the contract of sale apartments, has a legal sense only if it makes a person entitled to do it.In this regard, there are two important aspects.Firstly, whether the person conclude the sales contract, the necessary legal capacity, and secondly, whether it is a person for whom he claims to whether they actually (usually checked at Companies House at the time the documents).
legal capacity recognized ability of citizens by their actions acquire and exercise civil rights, to create for themselves civic duties and perform them (civil capacity) occurs in full from the age of majority, ie on reaching the age of eighteen (art. 21 of the Civil Code).
However, according to Articles29.30 of the Civil Code, a citizen of the court may be declared incapable or partially capable.In this case, deal with their participation are of particular specificity.On behalf of the citizens recognized incapable transaction commits his guardian.Citizen, limited in capacity, enter into transactions on their behalf (with the exception of small household transactions), but with the consent of the trustee.In this regard, you must ensure that the citizen is really capable.
As we know, can make a deal as the citizen himself or through a representative.In this regard, if the transaction is carried out not by the owner of the apartment, as his representative, you must verify whether the representative of the necessary powers to conclude the agreement.The general procedure to conclude the agreement is simple and has a number of ways.The contract of sale of immovable property concluded by drafting a document signed by the parties.
Check apartments is carried out at least four areas:
- verify the rights to the apartment;
- check out who is registered in the apartment;
- check the presence (absence) of debt;
- check encumbrances.
rights to the apartment and checked the encumbrance of an extract from the Unified State Register (Unified State Register of Rights), you can get directly to the registration office or order in electronic form, for example, through the site Rosreestra.
apartment Check for the presence of persons registered in it is an important and necessary step in the transaction.The best option in this regard is to provide an extended excerpt from the house register.As a rule, it is issued to the owner of the apartment, there are specified people who are registered in this dwelling to date, as well as those people that have been registered previously, and, importantly, to what address they are written.Note the presence of young children in the apartment, as if they were written in violation, then such a sale transaction can be challenged later, asthe rights of minors should not be infringed in any way.
checking the apartment for any debt is no less important aspect of the deal.For example, the owner can go for months without pay utility bills, thus accumulating significant debt.To avoid this, you must ask for a receipt from the owner (at least 3 months) of payment of utility services.
text of the agreement, if you do not own were recommended to be read at least twice.There should be a clear sense of each sentence.Under the current law in interpreting the terms of the agreement takes into account the literal meaning it contains words and phrases.The literal meaning of terms in the event of uncertainty set by comparison with the other terms of the contract and a sense of the whole.
Make it a rule not to sign the contract, if some part of you is not clear or has an ambiguous meaning.Everybody has heard of stories about contracts in which the fine print spelled out certain specific conditions.Sometimes one small stipulation expressed in a small sentence can undo all the benefits from the transaction, or to create such problems to the buyer that if he understood all the consequences of the deal, it would have never signed the treaty.
Real estate - it's always deal with an increased risk.It is better to be safe and not lose control over the entire purchase.Be careful.
