Real estate are the most conflict sphere of public relations.Cases related to the settlement of disputes concerning the sale, there are in practice often.To avoid the risk will follow certain rules.We offer our readers the main recommendations of experts of the largest agencies of suburban real estate near Moscow TSAZN.
Checkout estate
Buying property in Russia can be any capable individuals and organizations registered in the prescribed manner.However, at the conclusion of the agreement should take into account restrictions on the alienation of agricultural land to foreign citizens.The law provides the written form of agreements with the mandatory registration in the territorial executive bodies.
Registration is carried out after the authorization of the owner on the basis of a list of documents. Buy an apartment, a house or other real estate possible only if:
- voluntary consent of both parties to the transaction with the real estate (the interests of minors and incapacitated adult citizens to protect the employees of the guardianship);
- lack of restrictions on the object in circulation (arrests and claims of third parties);
- appropriate qualitative and quantitative characteristics of the data specified in the title documents (prevent the conclusion of the transaction, for example, could unauthorized reconstruction);
- compliance with pre-emptive rights, obtaining consents.
Contrary to popular belief, sell the property under pledge is possible.Making such a transaction is carried out with the written consent of the pledgee.As a rule, it can be achieved after the extra guarantee of performance.In some cases, prevent the sale of the mortgaged property with the simultaneous repayment of the debt.Purchaser upon completion of registration, be required to participate in the procedure for removal of encumbrances.
Checklist
Register real estate transactions carried out on the basis of the statements of all participants, as well as a number of additional documents.Contact the registration service should:
- buyer or his authorized representative;
- seller, his agent or notary public who signed the deal.
Each of the parties of the contract of sale can be represented by several individuals.Signed a statement entitled to only capable citizens, to present:
- identification;
- power of attorney (for members);
- birth certificate, adoption, guardianship (for legal representatives).
seller of real estate is required to submit to the registrar of title of the paper.As such, they can act:
- agreements donation, exchange, purchase;
- certificate of inheritance;
- privatization agreements;
- acts for the ownership, issued before 1999.
Parties shall make the application for registration as:
- instruments of quantitative and qualitative characteristics of the object (cadastral passport at land, technical passport of the building, apartment, house);
- consent of the spouse (the sale of property jointly owned);
- permission of the guardianship (if the seller acts incapacitated citizen or a child);
- documents for land under the subject property (the law provides for a rule that the right to land should be transferred after the power to own structure).
list of documents required for registration of specific transactions, determined by a professional lawyer.Free advice on the formation of a package of applications, as well as payment of the state fee, citizens can obtain in the territorial department of the registration service.
TSAZN Experts emphasize the special significance of preparation of documents.Errors in the design, can cause denial of registration or the suspension of the procedure for a period of 1 to 3 months.
