lose the right of owning property in several ways:
- Accommodation initially does not belong to the person who sells it.
- housing is sold to multiple owners.
- not complied with ownership restrictions.
- Real Estate from the subject of the contract does not exist or does not correspond to which you agreed.
- through the purchase for state needs.
- under civil law agreement, one party you are.
- If housing is an emergency or is subject to demolition.
- In an exchange of residential premises.
Everyone wants to protect themselves from the actions of fraudsters, it is necessary to pay attention to some points.Credulity - one of the main qualities of the Russian people, and these are on the market.
Let us examine in more detail how to avoid fraud in accordance with paragraphs unlawful deprivation of property:
- To deal on the sale or other method of acquisition of apartments held, the party shall have the following characteristics: capable person, ie,has reached the age of majority (emancipated, married before that age).
- dispose of the property can only be the owner.Who it is possible to learn from the Unified State Register (USR property), which is maintained by bodies carrying out state registration of rights to real estate and transactions with it (the tax authorities).The owner may transfer the execution of his will to sell the apartment to another person.In this case, it is necessary to carefully examine the power of attorney, it must be notarized, with passport data, the object of sale and terms of office must be clearly spelled out.
- In any case, check the passport Seller: photograph, date of birth must meet reality, note also that there are no elements or erasures zamytye.Do not be afraid to clarify points of contention - in a casual conversation, you can learn a lot about a person from whom you are going to buy an apartment.
- deal on sale of real estate is required to be registered in the USR property.In practice, the situation often arises when the buyer entered the apartment (actual possession), but for some reason is not designed to transfer ownership to the registry.Without such registration, the owner is the former owner, and you could be evicted at any time, and subsequently achieve renewal is virtually impossible, often it is limited to refund the amount.If we take into account inflation and the discount at purchase, it may be a situation similar to that for the purchase of property you are no longer enough.We must go to the tax authorities at the location of the property and to receive a certificate of change of ownership.
These actions will protect you from the appearance of unwanted neighbors (the real owners), but will also be strong evidence in case of dispute in court.
to determine the ownership restrictions, you can do the following:
- The USR property can learn about the limitations registered for this property: mortgage, rent, lease.
- If the person from whom you are buying an apartment, is married (or property was acquired, when he was still in it), it requires the mandatory consent of the spouse.Exception: Apartment acquired by gratuitous transaction: donation, privatization, inheritance.
- Ask an extract from the house register or certificate from the housing department to find out how many people in the apartment, and if any of them minors.
- Frequency situation: the seller shows you the apartment with good finishes, in a nice area, you make a deal - and then it turns out that you bought property is located in another place, and its condition is poor.To call it in that apartment that you chose carefully read the contract (especially paragraph "The object of the contract").Is indicated name of street, house and apartment?Note that the "avenue", "street" and "m / r" - different kinds of territorial designations.When viewing the dwelling point at anything you do not like - it will help to identify significant shortcomings and positive impact on the price.
- addition to the documents, there is an important weapon against scams - neighbors.They will tell who's the boss, do you have children, whether the apartment is sold, and what area has a lot of useful information.
list of documents that you need to ask the seller:
- copy of the house register.
- copy of financial account.Help that the personal account does not open (only for apartments in the new building).
- Certificate of No arrest, ban on disposal or other encumbrances.
- Help the absence of debt on utility services and rent.
- extract from the register property or cadastral passport at the apartment (valid for 3 years).These two documents are issued to the owner of the apartment or his legal representative notarized power of attorney in the BTI.
- FAQ on payment of gift tax or entry into the inheritance (for the transactions made under the contract, or giving testimony of inheritance).
- resolution of the guardianship authorities to carry out transactions on behalf of minor children (under 18 years), if any, are its owners or co-owners.Resolution of the guardianship authorities for the citizens "at risk".These include those found in the prescribed court incapable or partially capable.
- FAQ of the passport police department (taken only if the changed name of the street or numbering of houses).
- marriage certificate or certificate of registry office (if one of the owners changed the name).
- consent of the spouse (husband or wife) on the sale or purchase of real estate (only for individuals who are married, and for sales transactions or barter).