When buying an apartment on your own, there is always a share of risk, especially if the buyer is very far from the legal side of the transaction and has never encountered this before. In this case, it is better to contact a reliable real estate agency, conclude an agreement on full responsibility for checking the legal purity of the transaction. If you still want to buy an apartment without involving intermediaries, familiarize yourself with all the documents available to the seller in order to avoid further problems and avoid fraud.
Necessary
- - the owner's passport;
- - documents for the apartment;
- - extract from the registration register;
- - application to the FMS;
- - information from a notary;
- - information from neighbors;
- - notarized purchase and sale agreement;
- - act of acceptance and transfer;
- - receipt of payment for registration.
Instructions
Step 1
According to Federal Law 122 on the registration of property rights, your seller must have a certificate of ownership, a passport, an extract from the cadastral passport of the apartment and a copy of the cadastral plan, notarial permits from all co-owners of housing (Article 244, 256 of the Civil Code of the Russian Federation, Article 34 of the IC RF), an extract from the house book and personal account.
Step 2
These documents are sufficient to register your property rights after the conclusion of the purchase and sale agreement, which, in order to avoid fraud, enter into a notary office, where the notary will take into account all the nuances and indicate them in all paragraphs of the document. You will also need an act of acceptance and transfer, without which the transaction will not be registered.
Step 3
However, all these documents are completely insufficient for you to be completely sure that there is not a fraudster in front of you, that third parties will not claim the apartment in the future, and that the transaction is not recognized as illegal in accordance with Articles 2965 and 3075 of the Civil Code of the Russian Federation. Therefore, in addition, ask the seller to present an extract from the state registration register, where all persons who have ever been the owners of the apartment will be indicated.
Step 4
Make sure the seller's passport is valid. To do this, you can contact the Federal Migration Service with an application.
Step 5
If the apartment is being sold by a notary authorized person, then contact the notary office, pay for the services provided to confirm the authenticity of the power of attorney, that it is not revoked, expired, or the powers provided by the principal have not expired for the authorized person.
Step 6
Take the time and talk with your neighbors on the site. Usually neighbors know much more about the owner of the apartment than documentary evidence of all rights. Ask when and how the owners changed, whether the person who died lived in the apartment, and the ownership of the house was inherited. If so, ask the seller for a certificate of inheritance. Additionally, contact the notary at the place of opening the inheritance, pay for the services and ask to provide all information about the heirs. If there were several heirs, then third parties can claim ownership of the apartment. Therefore, it is better to meet with all the heirs, if the notary has not issued information on the method of dividing the inheritance.
Step 7
If the co-owners in the apartment were minors, incapacitated or disabled persons, read the decree of the guardianship and guardianship authorities (Articles 26, 28, 29, 30 of the Civil Code of the Russian Federation). If this document is not available, then it is better to refuse the purchase, since the transaction without a resolution may be invalidated and the rights of the owners may be restored in court.
Step 8
Only after thoroughly studying all the documents and making sure that they comply with all the requirements of the law, conclude a purchase transaction. Give the money for the apartment only after you have submitted all the documents for registration with the FUGRTS.
