How not to fly by buying an apartment on the secondary market

One of the most popular and long lasting products on the market is housing. In any form - in the form of a house, apartment, room. It can be a new building, habitable or elite housing, a wreck swaying in the wind. It can be an honest sale and purchase on both sides, or it can be a fraudulent operation. Both the buyer and the seller have their own reasons for this transaction. But in it with a swindler, the other side (usually the buyer) turns out to be the loser. And he does not know about it right away. As a rule, when nothing can be changed. Therefore, in order not to fly by with the purchase of an apartment on the secondary market, it is necessary to carefully study the issue of sale and purchase, the entire technology of the seller's actions and be ready to resist deception.

Choosing an apartment to buy

Each person has their own reasons for buying an apartment. Someone's son has grown up, they need to move out, someone needs to change the area, someone just doesn't like their house, they wanted to go to another. This is a personal matter for each customer. The seller has his reasons. He distributes advertisements of the desire to sell and product briefs. Buyers view and study ads. At some point, the interested parties meet, as a rule, in this very apartment. The negotiation process and study of the object offered for sale begins.

The potential buyer compares what he saw and heard with his desires. The easiest way to solve the issue is if the offered apartment does not satisfy it in a row signs - the price is too high, the condition of the apartment requires large investments in repairs, the location of the house is not liked. Then we said goodbye and parted. And if the buyer is interested in what he saw, then the main work begins for him. And it must be done very carefully.

Detailed study of living conditions

Acquaintance with the apartment should begin with a survey of the yard - clean or littered, is there where to walk children, how many cars are there, only cars or trucks are unloaded into stores, how are things with green plantings. Then you will have to look at this every day for many years. And where there young people gather with songs, and where men for three understand, and how many of them were found there. They don't write about it in sales announcements, you need to see and analyze it yourself.

At the entrance, you can get an idea of ​​your future neighbors. Cigarette butts are lying on the steps or there are flower pots on the shelves, the walls are covered with felt-tip pen or someone has hung reproductions. The view of the entrance, staircase and elevator says a lot about the residents. And if you arrange a tour in the evening, you can learn a lot about the manners and habits of possible neighbors. Soundproofing in our houses is far from absolute, and home conversations, and even more so musical concerts, can be heard in two adjacent entrances.

These are all everyday circumstances. It is more important to check the legal purity of the transaction.

Legal purity of the transaction

You can agree with the seller about everything, arrange the deal according to all the rules in the necessary offices, give the seller money, and then lose the purchased apartment and the money paid for it. This will happen if it turns out that at least one provision of a large number of laws has been violated.

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First of all, the buyer must know whether the seller has the owner's rights and whether he is the only one or shares this right with someone else. Without the consent of all legally registered owners, the sale of an apartment will be considered illegal.

And one more difficult moment. No one should be able to prove that the seller was incapacitated at the time of signing the deal. And disability can be the result of illness, difficult life circumstances, drug intoxication and even old age. If any of the dissatisfied relatives gives convincing arguments about the seller's incapacity at the time of signing the deal, then the court may invalidate it after the fact. And it will be very difficult to get the money back.

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There is such a legal concept - "housing encumbrance". In a language understandable to all, this means limiting the rights of the owner in favor of third parties. Some of these restrictions may include a mortgage, a rent or lease agreement, arrest, or bankruptcy of the owner. The easiest way to resolve the situation is in the case of arrears in the payment of the mortgage. The seller or the buyer must pay to the bank, or the buyer agrees with the bank that the balance is transferred to him. The buyer must find out if the seller has a lease with someone and what it says about the transfer of ownership to a third party. Otherwise, tenants will legally come to the purchased apartment. The same situation can happen if other people are registered in the apartment besides the owner. They also retain their right of residence.

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And if children are registered in the apartment, then in this case the issue needs to be resolved in consultation with an experienced lawyer.

Conclusion

Buying an apartment from a private seller is a risky business. There are a lot of questions to be clarified. It is advisable that the buyer prepares in advance for a long and serious inspection. And for each answer you need to look at the supporting document. True, not every seller wants or can present these documents. This is a reason to think about the need for a deal. And if the behavior of the seller seems strange, then it is also better not to rush to give him the money.