How to clean
When buying real estate registration of transactions carried out in accordance with the Federal Law № 122-F3, which provides for a specific list of documents required for the transfer of rights to the buyer side of the property. Direct ownership registered in accordance with Article №131 GKRF claim 1. Both laws do not guarantee purity of the transaction, because the documents to legal transparency are not checked, and then the validity of the transaction may be challenged in court in accordance with the APC RF gl.24 and the rights of others on the property can be restored in the rules of the Civil Code of the Russian Federation laws on articles number 2965, number 3075.
You will need:
-an extract from the Unified State Register; -extract from the housing department; -extract registry bailiffs; -spravka by the psychiatrist and the psychiatrist; -query in guardianship and trusteeship; -spravka of tax inspection; -notarialno registration of the transaction; Checking all the seller of documents for authenticity; -Knowledge of Russian laws on registration of transfer of ownership rights on challenging any property rights, recognition of the transaction null and void, on the restoration of property rights, sales contract (Civil Code number 454, the Arbitrazh Procedure Code Sec. 24 of the Civil Code number 2965, number 3075, the Civil Code of the Russian Federation № 131, Federal law № 122-F3, the Civil Code of the Russian Federation № 164 of the Civil Code of the Russian Federation № 292 of the Civil Code of the Russian Federation № 244 of the Civil Code of the Russian Federation № 256).
Instruction how to determine purity
Therefore, in order to avoid surprises after the purchase, it is better to use the services of a real estate agency, which guarantees the purity of the transaction and checks documents before signing for all possible risks and contingencies. If the buyer chooses to self-purchase of real estate without the services of intermediaries, they risk being left without a purchase, because you need to have a great experience and a minimum of legal education with a clear knowledge of all the laws by which the transaction can be challenged or invalidated and void.
As mentioned above, the documents submitted for registration of property rights, does not guarantee that the deal will be closed forever. In accordance with the new rules for registration of the transaction is enough to have legal documents, an extract from the technical documentation, sales contract, which is with the new version can be concluded in writing by hand and not to go to a notary public. It is in the contract, which was written by hand and is the first risk, which casts doubt on the purity of the transaction.
Incorrectly compiled the sales contract entails the recognition of its nullity. Not a single person who does not have a law degree and extensive experience with the law, will not be able to take into account all the nuances that should be specified in the contract. In addition, the conclusion of the notarial will ensure that the purchaser is a seller of real estate, that he has capacity, reasonable, responsible for their actions, that the property is not arrested, no individual claim to it. notary declaration of these actions spelled out in the Russian Federation Law on Notary 1993. Making a contract on his hands, no one is safe from these situations. And also does not have authority to guarantee the court that everything is taken into account.
Also note that if the right of ownership passed through registration of inheritance, not the fact that not reappear heirs who were late to accept legacy - the deal null and void. And if the seller is insane or incompetent, the money for the apartment will be able to get not soon, in addition, under Russian law, more than 70% of the human can not calculate the income. Therefore, the amount paid for the purchase, you can get small pieces for many years.
If the apartment is selling a trustee, not the owner personally, I need to meet with the owner. It sells apartment by proxy fraudsters. And often with forged documents. All of these surprises is easy to avoid, processing sales transaction at the notary and the involvement of the Realtors. Expenses for intermediaries justified by 100%. Vehicles checked for legal purity, and the deal - transparency from A to Z. If the realtor is to doubt the purity of sales for some parameters, purchase and sale does not take place. Because the intermediary bears full legal responsibility that the purity of the transaction is guaranteed. This was clearly stated in the contract with the agency.
With self-purchase is necessary to check the property and the seller to all instances. These include: a request to the guardianship authorities, an extract from the Unified State Register of the housing department, the registry of court decisions, from the tax office, from the house of substance abuse and psychiatric clinic.
But even this does not insure against the failure of the transaction and the possibility to invalidate, so you should trust the professionals are clean, as well as all the documents.