«pitfalls" in the sale of real estate
1. privatized apartments
acquiring the ownership of privatized apartments, it is necessary to take into account those who participated in the privatization, and had the right to use the apartment.Family members refused to privatization, were to declare it in writing.In the absence of such a refusal, the person in unincorporated privatization, the right to prove the invalidity of privatization and any transactions with it.In the event that the transaction is made in respect of the apartment in which the right of use is a minor child requires permission from the guardianship.
In addition, the complexity of the issue is the right to use the apartment who are not registered at the time of the privatization of the apartment.There are cases when people, for unknown reasons, was absent at the time of privatization and in the courts has been removed from the register.However, in the event of such a person, privatization, and all subsequent transactions it may be invalidated.
2. the consent of the spouse.
If the apartment was acquired by the spouses during the marriage, must be notarized consent of the other spouse to make such a deal.In the event that such consent will not be possible to challenge such a transaction and to invalidate.
3. Detection of mental disorder.
deal also may be invalidated in the event that Seller "at the time of the transaction could not be aware of the nature of their actions."Forensics can establish that at the time of the transaction the seller is not able to realize the significance of his actions.Usually this kind of examination is appointed on the condition of the seller registered as suffering from mental disorders.
4. What do I need to know?
First, you must find out who the owner is selling the apartment.You can check this on the record in the certificate of ownership of the apartment.To do this, you can take an extract from the Unified State Register, which will display information about the owner, encumbrances, etc.
5. What about the living?
According to Article 292 of the Civil Code Part Two: "The transition of ownership of the house or apartment to another person is grounds for termination of the right of use of premises by members of the family of the previous owner, unless otherwise provided by law."Hence, the new owner will be able to in the contract, it is easy to write the family of the seller.So you can not evict persons living apartment, the right to use that arose on the basis of a legacy or a contract of life maintenance of a dependent.Besides that.evictions not be subjected to people who refuse to privatization, but have the same rights to housing, as well as the seller.In this regard, before the registration of the transaction of sale and purchase, be sure to check out the grounds on which live there the rest of the family.
6. Conducting settlement.
- receipt.
In the case when the sales contract shall be certified by a notary and made partial settlement between buyer and seller, it is necessary to pay attention to this fact has been established in the contract, namely: "Payments made under the contract before signing it".
- Note undervalued apartment
In the contract, it is better not to specify undervalued apartments, as in the case challenging the transactions will be subject to recovery of the amount stated in the contract.Moreover, this lower price, you run the risk of not getting the property tax deduction (recall that the property tax deduction may be granted provided that the citizen of the Russian Federation have incomes that are subject to 13% tax).
- When to calculate?
first step is to register himself a contract of sale, and then calculate and register the transfer of ownership.When using a sequence of the transaction, the buyer can make sure that nothing interferes with the transfer of ownership, the seller can also protect themselves as to the receipt of money, real estate is its property.
- Installment payment
In the case where not made full payment to the seller, the apartment is on bail.This allows the seller in the event of non-payment of installments by the buyer to file a claim on him.
When calculating the installments of the contract should take into account that the ownership of the property remains with the seller until the buyer complete closure of the debt for an apartment.In this case, the right to property of the seller is limited to the existence of the registered contract of sale, but does not pass to the buyer until full payment.
In some cases it is advisable to seek legal support of real estate transactions?
participation in the transaction lawyer will help you:
- legally competent to carry out the transaction,
- check the contractor, the contract offered to the conclusion,
- protect yourself from scams,
- protect cash during the settlement.
recommended not to neglect the legal support in the first place at the organization's transactions.
article is provided by the law firm "Ekleks" (Eclex) - www.eclex.ru
