Caution scammers! How to protect yourself when buying an apartment: the rules of the transaction


Buying an apartment is a complicated procedure, scammersthe real estate market is a lot. It is necessary to be extremely careful and attentive, insuring yourself against possible risks. We conduct an educational program: "What you need to know when buying any apartment" Buying an apartment is always a major and serious event. The sums are too large, the risks are too high, there are too many fraudulent schemes designed for credulity, belief in someone else's decency and legal trickery “at the bottom of the page in small letters”. Documents, certificates, powers of attorney for an unprepared person look like a Chinese letter, and it is impossible to understand if there is something wrong in them. You need experience and qualifications to understand all this and know where you can find a catch. Therefore, it is best to operate through reputable legal agencies with a good reputation. This will require certain expenses, but will reduce the risks of fraud or unpleasant surprises many times over. Additional insurance can be the notarization of all contracts and powers of attorney with a third-party attorney. 90% of buyers of new buildings do not even imagine the risks that occur when buying a home in a house under construction. After all, the problems faced by buyers of new buildings are almost the same and wander from one building to another. This is the opinion of professionals working in this field.

We buy a new building

What to look for when buying an apartment innew building? 1. The degree of readiness of the house, the connection of communications. 2. Conclusion of an agreement on equity participation in construction - DDU. This reduces the risks several times, as it is provided for in 214-FZ (this is your Bible at the time of purchase). There is never any double sale under the DDU. If a developer works under such contracts, then he is guaranteed to have a building permit, the issue with the land has also been resolved, and such a developer has an order with other documents. 3. Is the new building accredited by the bank? How many banks issue loans for this property? It is better if several banks do this, and not just the one that lends to the developer himself. The main creditor bank must be solid and with good financial resources. 4. Reputation is worth a lot: find out how many houses the developer has built and if there were any problems and what kind during the construction of other real estate objects. 5. Appraisal of an apartment from an investment point of view: location, availability of free parking spaces, landscaping, availability of kindergartens, schools, shops; transport accessibility, assessment of the entire neighborhood as a whole (proximity to a highway, railway, cemetery, hypermarkets, parks and other objects), apartment layout, ceiling height, wall thickness, whether they are insulated, location of elevators, windows, floor thickness, floor (first and do not take the last) and so on. 6. Documents required to check the apartment:

  • Investment contract;
  • Project declaration;
  • Building permit;
  • Project documentation, the conclusion of the state expertise of project documentation;
  • Feasibility study of the multi-apartment building project;
  • Certificate of ownership of land or lease;
  • Contract with the insurance company (this is an additional responsibility of the builder to the buyer) or a suretyship agreement;
  • An extract from a single register for real estate and transactions with it (for a land plot);
  • Registration and constitutive documents of the developer: the company's charter, certificate of TIN, OGRN, an extract from the Unified State Register of Legal Entities (no more than a month old), the balance sheet for the last reporting date;
  • The form of the contract, which will sell the apartment.

7, 8, 9, 10 ... - a lot of other subtleties and differentcomplexity of legal and bureaucratic aspects. Are you ready to deal with all this, wasting precious time and nerves? As a result, you will not reach the level of professionals anyway. This means that the risks will remain. The most important point from the above is the availability ofthe developer of the insurance contract or surety (additional security measures). The legislatively prescribed innovation is effective from January 1, 2014 (Article 12.1. 214-FZ). This is an additional responsibility of the developer to the buyer: developers are OBLIGED to insure (insurance of the developer's civil liability of non-fulfillment or improper fulfillment of obligations to transfer residential premises to a participant in shared construction) their liability in an insurance company or conclude a surety agreement. What does this mean for a buyer who has invested in a preschool institution? In the event of bankruptcy of the developer, the insurance company or the guarantor will compensate all costs of the buyer. If the developer does not provide the specified interim measures, he will be denied state registration.

How to find an apartment yourself: the Internet will help

First of all, you need to decide on the maincharacteristics of the purchased apartment, for example: area, floor, presence of a balcony / loggia, combined / separate bathroom, number of rooms, layout, area, description of transport accessibility (public transport stops, proximity to the metro, availability of access roads, parking), price range that you you can afford it. Important: if you are planning to increase your family, then you must either take an apartment "with a margin", or one that can be easily sold in a few years. It can be a "vest" in the layout, in the house - an elevator, a garbage chute, not the first and not the last floors, a kitchen of more than eight squares, reinforced concrete floors and other options that are in demand from buyers. Convenient / prestigious location is the most important parameter, do not forget about it. If you managed to find an apartment you like with some deviations from the above list, but at a very attractive price (below market), then you need to take a closer look at it. Upon re-sale (when the apartment becomes small for you) and subject to low cost, it is guaranteed to be sold. After you have decided what kind of apartment you need, start looking. The most active and powerful databases in Moscow:

  • This resource is used by all real estate agencies, this is for professionals. All the information available here is fragmentarily repeated on other specialized sites;
  • Accumulates information from three databases, it is free, which attracts users;
  • and others - there are a lot of them.

As a rule, paid databases are more informative. All authoritative resources have a mapping of the location of the proposed apartments on a scalable map. It is easy to determine on it whether the windows of the apartment are facing the yard or on the tracks, as far as reality is far / near to the metro and stops. Are there any objects of social infrastructure, parks and squares near the house?

Purchase of a secondary fund apartment

Do you want to buy a specific secondary apartmentthe fund that you found and which suits you. It should be said that there are many dangers in this case as well. But much less than investing in a new home. It is much easier to ensure full transparency of the transaction for yourself in this case, because there is no risk of the developer going bankrupt. After all, the apartment exists, you just need to check its status for legal purity. And find out the presence of encumbrances. The main thing is not to start fussing and strive to complete the deal as soon as possible. This is wrong in all situations, and even more so in a similar one. First, you need to find out how “clean” the apartment is, whether there are “tails” behind it in the form of various unpleasant encumbrances. The first thing that is done is an extract from the EGRP is obtained. From it you will learn reliable information about the owner of the apartment. And other extremely useful information: is there an arrest, a mortgage, is there anyone registered in it, and so on. An extract is issued in the regional departments of the registration chamber on an application with the attached address of the apartment and paid state duty. The certificate is valid for one month, then it must be updated. After meeting with the seller, you will receive form F-9 from him, it contains information about utility bills (whether there are any debts) and about the people registered in the apartment. It is important to find out if the apartment has been redeveloped. This is checked with a look at the cadastral / technical passport (provided by the seller). The passport must be no older than five years, otherwise it must be renewed. There are enough subtleties and subtleties with further work. The check should give an answer whether there are any court cases behind the apartment, whether the house is going to be demolished / resettled soon. If in the first case, you can go to the site of the district court (according to the ownership of the apartment) and, by entering the name of the owner, get an answer, then with the demolition and resettlement everything is much more complicated. Conclusion: it is better to entrust the execution of all bureaucratic papers and the transaction itself for the acquisition of an apartment of a secondary fund to professionals who know the subject thoroughly. You should not contact real estate agencies, which are an interested party, but independent lawyers / legal firms. There is a price to pay for risk reduction.

The most important thing when buying any apartment

Making an acquisition as large as a purchaseapartments - this is a new building or "secondary housing" - you need to act strictly "according to the instructions." And not one iota deviate from it. If you decide to act independently, then there can be no “on parole” and “tomorrow we will bring the missing documents”. Even if you are working with a kind of trusted person. If you act in a civilized and much safer way, entrusting a turnkey transaction to specialized specialists, you will save a huge amount of time and nerves. And you will get almost 100% confidence that everything will be completed in the shortest possible time and with an unconditional guarantee of safety. Important: under no circumstances take this material as exhaustive. We just wanted to explain the need to act very carefully, accurately and with the involvement of independent professionals.