7 problems when buying an apartment in the secondary market, which are easy to avoid

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

For those who want to protect themselves from unpleasant surprises like the invalidation of the transaction.

In various sources, you can find advice on how to choose the location of housing and the developer, calculate the loan amount, but sometimes the process of preparing for the transaction itself is overlooked. This can be the most difficult part of the entire purchase.

We analyze common problems that may arise if you do not approach the conclusion of a deal carefully enough.

1. After the completion of the transaction, the apartment began to look different

At the final stage, before buying, you meet with the seller in your future apartment or house. Everything is fine, you are happy and waiting for the move, imagine how beautifully you arrange the dishes in the kitchen and hang the curtains in the living room, and place the chair and the lamp in a cozy corner next to the outlet.

The deal goes through, you drive into a new house and find that all the sockets have been torn out by the roots, the baseboards are ripped off, the wallpaper is scratched, and all the beautiful wardrobes and nightstands have been taken out. You see bare walls and understand that you will have repairs and additional expenses.

How to prevent

In the contract, it is necessary to additionally prescribe what remains intact after the transfer of the keys and the departure of the previous owners. For even greater reliability, you can attach photographs of the apartment to the document at the moment when you made the decision to buy and signed the papers with the seller. In this case, when you receive the keys and enter the apartment, there will be no surprises for you.

2. The previous owner is in no hurry to check out

You bought an apartment and really want to make a deal as soon as possible and move to a new home. In addition to the seller, several more people are registered in it, and the former owner does not have time to check out everyone from the apartment. You agree that they will be deregistered within a month. A month or two passes, people do not check out, the seller does not want to get in touch.

How to prevent

Before buying, it is best to wait for the full legal release of the apartment. But if you are in a hurry, then be sure to fix in the purchase and sale agreement the dates when everyone registered in the apartment will be removed from the register.

If problems do arise, there is no need to be afraid of this: you can always dismiss outsiders through the courts. Competent lawyers will help.

3. After signing the contract and making an advance payment, the seller refuses to sell

The agony of choice is over: you have selected an apartment that fits all parameters, started preparing for the transaction, applied for mortgage approval on your own or through a realtor. And suddenly the owner says that he has changed his mind to sell the apartment. Or he found a buyer who is ready to purchase it on more favorable terms: for example, he pays in cash. The landlord returns the advance payment and literally slams the door in front of you.

How to prevent

The advance agreement additionally states that after receiving the pledge, the seller of the apartment guarantees that it is assigned to you, and in case of violation of the terms of the agreement, he not only returns the advance payment, but also pays you a penalty.

It is clear that situations can be different and it is impossible to provide for everything within the framework of the agreement. But you will receive an additional guarantee of the decency of your seller: few people will want to pay the penalty.

4. The transaction is invalidated due to health problems of the seller

All stages of the transaction are completed, you enter a new house, settle in and find out that the transaction was invalid: the seller or one of the sellers (if there are several owners of real estate), by a court decision, is limited by the Civil Code of the Russian Federation Article 17. Legal capacity of a citizen in legal capacity due to mental disorder. You can imagine what horror and problems await you after such news.

How to prevent

Even if the seller does not arouse your suspicions, looks great and communicates adequately, be sure to ask for certificates from the neuropsychiatric (PND) and drug addiction clinic (ND). It may seem to you that it is ugly or inconvenient to ask for such documents, but the data of the certificate is a standard request in real estate transactions. Remember that you need to first of all eliminate all personal risks, insure yourself and foresee everything.

5. The transaction is invalidated due to the inadequate state of one of the participants

You come to the deal, start the process of signing the documents and realize that the seller is very drunk. Together with all the participants, you decide to wait a couple of hours for him to come to his senses. After a while, you gather again, sign the documents. Hurray, it's all done, you get the keys. But after a couple of weeks, the seller declares that he was drunk and does not remember anything: the deal is invalid, you must return the keys and move out of the apartment immediately.

How to prevent

If during the transaction one of the participants is under the influence of substances that alter consciousness, it can be recognized by the Civil Code of the Russian Federation Article 177. Invalidity of a transaction made by a citizen who is not able to understand the meaning of his actions or manage them invalid. To prevent this, pay attention to whether the behavior of the seller differs from the usual one - which you have already observed during the stages of preparation for the deal. If you understand that the person, for example, is drunk, then postpone the transaction to another day. Even if this seems very inconvenient, it will definitely save you from potential problems in the future. And before the deal yourself, get a good night's sleep and do not take anything "for courage."

6. The seller and the buyer have disagreements due to additional costs

You started the deal, took into account various details, paid for the appraisal and insurance. And at the same time, you need, for example, the services of a realtor or a lawyer to add additional clauses to the purchase and sale agreement. Or you are transferring money through a cell or letter of credit. There is a dispute between you and the seller about who should cover these costs.

How to prevent

Agree in advance with the seller who and how will bear the additional costs. It is best to fix them in an advance agreement: you will save your nerves, do not spoil your relationship with the seller, and do not overshadow the joy of buying a home.

7. The method of payment is not agreed in advance

You drive to a meeting, carry money in your bag, because you think your salesperson will like seeing cash better. However, during the transaction, it turns out that he wants to receive payment to the account or put it in a cell. It may turn out that you cannot immediately order a cell from the bank, since there is no such service in the branch where your transaction takes place, or all cells are occupied. Or you cannot immediately find out which account to put money on for transfer, as a result, the transaction is postponed.

How to prevent

Agree in advance with the seller how the money will be transferred during the transaction: through a safe deposit box, letter of credit, escrow account. Cashless payments are considered safer and more relaxed for all parties. If you are going to pay in cash, think in advance how best and safer to do it. It happens that a bag with money is accidentally lost on the road or left in a public place.

Check list

This short checklist will help you make sure that you are not missing out on anything important when preparing for such a significant event as buying an apartment.

• Take into account in the contract and record in the photo in what form you receive housing.
• Check the people registered in the apartment before drawing up the sales contract.
• When preparing for a deal, consider all the risks in the advance agreement, and not in words.
• Ask the seller for information from the PND and ND.
• Discuss additional costs in advance.
• Decide in advance on the terms of mutual settlements.
• Make sure that all participants in the transaction are aware of what is happening.