What you need to check before buying an apartment on the secondary market

When you buy something in a store, it is enough for the seller to want to give you the product, and you want to buy it. With real estate, everything is more complicated: a deal can be challenged if it turns out that it is fraudulent or someone's rights were violated during the sale. At the same time, the buyer will be most sad: they will be evicted from the apartment, the money will have to be returned through the court, and sometimes even say goodbye to them.

To prevent this from happening, check all documents - and be sure to originals or copies certified by a notary.

1. Extract from the USRN about the main characteristics of the object

This is a very important document with information from the Unified State Register of Real Estate, which will give you a lot of useful information.

Who are the owners

All of them must agree to the deal, otherwise it can be challenged.

Are there any encumbrances

The object can be pledged to the bank because of the mortgage, leased with the registration of the contract with the Federal Property Management Agency, arrested for debts. If so, the owners do not have the right to dispose of it. The deal will be invalid.

What are the characteristics of the apartment

The extract from the USRN will contain the exact address, cadastral number, area. The technical plan of the apartment is printed on the last page. You can estimate the footage of rooms and notice the presence of redevelopments. The latter is especially important if you are applying for a mortgage loan - it may not be approved.

From what date do owners own an apartment

Compare it with the date in the title deeds (about them below).

Based on which document the owner owns the apartment

In some cases, the risk is initially higher - this is also discussed in the clause on title documents.

An extract from the USRN will be provided by the owner. You can get a stripped-down version of it yourself.

To do this, you need to order an extract on the Rosreestr website. For the provision of a document in electronic form, you will have to pay 250 Obtaining information from the USRN rubles. You should also order an extract on the transfer of rights to the property - it costs the same. In this document, you will see how often and on what basis the owners of the apartment changed.

If over the past year or two real estate has changed hands several times, this is a reason to be wary. This is usually how fraudulent transactions are disguised. If the defrauded owner is able to challenge the chain of transactions through the court, the apartment will be returned to him.

2. Documents of the owner / s

If the owner is an adult

Passport validity

Let's say the owner changed his passport six months ago, telling the police that he had lost the old one. And now he is trying to conclude a deal on an invalid document, in order to challenge it later. This is fraught with problems.

So, with the help of a special service of the Ministry of Internal Affairs, find out if the documents are valid.

Passport data

The series, number, place of birth and registration address will be needed in order to compare them with the data indicated in other documents (it is important that everything matches). If the owner managed to change the passport during this time, the details of the previous copy are indicated on the penultimate page of the current one.

Pay attention to the name, surname and patronymic: a discrepancy of at least one letter in different documents is a reason to ask the owner to bring the papers to uniformity. Otherwise, it may become a reason for litigation regarding the validity of the transaction.

Family status

One of the spouses cannot arbitrarily dispose of jointly acquired property without the consent of the other. Such a deal is easy to challenge. So it is important to find out if the owner is married and from what date. This information will be useful to you when you move on to the title documents.

If a person received an apartment by inheritance or as a gift, the presence of a spouse does not matter. Such property is not considered jointly acquired.

But if you are dealing with a sales contract, pay attention to the date of its conclusion. The owner can freely dispose of an apartment purchased before marriage. If he bought it after the wedding, the package of documents must contain the notarized consent of the spouse for the sale. Theoretically, it can be replaced by a marriage contract, which single-handedly secures the right to dispose of the object for the owner. But with consent it is still calmer: the prenuptial agreement is sometimes disputed.

If the owner of the apartment is divorced and the apartment was purchased during the marriage, it can still be considered joint property. Here you need either consent or a court decision on the section according to which the property was transferred to the person with whom you plan to conclude a deal.

Information about children

By itself, it won't tell you anything. But, if the owner has children, this is a reason for additional checks and requirements for new documents.

If an apartment was bought with a mortgage, maternity capital could be used to repay it. This imposes an obligation to provide the children with shares in the apartment. Therefore, if only the parents are among the owners, this was not done. Subsequently, the transaction can be challenged.

To prevent this from happening, ask the owner for a certificate from the Pension Fund that the maternity capital was not used to pay off the mortgage.

If the owner is a minor

For children under 14 years old, look at the birth certificate, over 14 years old - passports. Compare the data with what is stated in other documents.

If the owner is a child, his legal representatives cannot sell the apartment just like that. The consent of the guardianship authorities for the transaction is required. And if the owner of the apartment is more than 14 years old, then his permission.

3. Title documents

The name of the document, on the basis of which the owner received the ownership, is in the extract from the USRN. It is worth taking a closer look at it.

Contract of sale

Everything is simple here: if the current owner bought an apartment from the previous one, this is confirmed by the corresponding agreement. If you have an extract from the USRN on the transfer of rights to a real estate object, compare the seller's data with those indicated in the document. Ask also to show the acceptance certificate of the apartment and the seller's receipt for the money. This will make sure that the previous owner has no complaints about the current one.

If the home was bought with a mortgage, you can ask for a certificate of repayment.

In general, the absence of encumbrances in the extract from the USRN eloquently indicates that the loan has been paid off. But since some document can be checked, it would be strange not to mention it.

Equity participation agreement in construction

If the owner has acquired real estate at the construction stage, he will have exactly this document in his hands, and after the house is handed over, he will also have an act of acceptance and transfer of the apartment.

Inheritance certificate

When dealing with such property, there is a risk that a deprived heir will suddenly appear and try to challenge the deal. Moreover, the more time has passed since the moment of inheritance, the lower the risks of getting into trouble. It is best to consult a lawyer before purchasing.

Donation agreement

It is also better to assess the risks of acquiring a donated home together with a specialist. The lawyer will find out whether the form and procedure for concluding the transaction have been followed, whether the owner legally owns the property.

Apartment transfer agreement

It is issued if the owner has privatized this apartment. There is one caveat when dealing with such real estate. If a person registered in an apartment refused to participate in privatization, he receives a lifetime right to live in it until voluntarily deregistered. Otherwise, it is impossible to evict him even through the courts. So it's important to make sure he checks out before the seller receives the money. Or you risk buying an apartment with a tenant.

There are other types of title documents, for example, a court decision, according to which the owner owns the object. But with them it is better to immediately contact a lawyer if you do not want problems.

4. Information about those registered in the apartment

In the clause on the contract for the transfer of the apartment into ownership, we have already partially touched on the topic of how important it is to know who is registered in the apartment. Now let's consider the question in more detail.

In addition to those who refused to privatize, the following tenants pose a danger to your transaction and comfortable living in the purchased apartment:

discharged from the apartment for military service or treatment in a sanatorium;
removed from the register due to serving a sentence in places of deprivation of liberty;
recognized as missing;
minors sent to a boarding school.

Upon their return, they will be registered at their previous place of residence - that is, with you. It may be possible to evict them through court, but it will take a lot of time and effort.

Pay special attention to the discharged minors to inquire whether the guardianship service gave permission for this.

To understand the nuances, you need to look through a few references. It is better to be present at the moments when the owner receives them in order to ensure the authenticity of the documents.

Form 9 registration certificate

It contains information about everyone who is registered in the apartment now.

Archival certificate of registration according to Form 9

This version of the document shows the dynamics of registration of residents: who was registered earlier, who was discharged and when. A very useful document, but there is a nuance. They often refuse to give it to third parties, including the current owners of the apartment, as it contains the personal data of previous tenants. If it was not possible to get the archive "nine", you will have to work with what you have and go directly to the form 12 help.

Certificate of deregistration of certain categories of citizens

The form 12 document contains data on whether any of the tenants were discharged from the apartment, which, in theory, could become a source of problems. Ideally, every column has no. Otherwise, you will have to find out additional information on each person individually, or even refuse the deal.

5. Certificates of legal capacity

If later it turns out that the seller was not in a sober mind and hard memory, the transaction will be declared invalid. You are especially at risk if the seller is elderly, but in general you cannot insure against this. For example, a cunning lawyer can prove that the owner was temporarily distraught because of a medicine for a cold, because that side effect is indicated in the annotation.

To prevent this from happening, ask the seller to bring certificates from a psychiatrist and a narcologist to the transaction that he is sane and not registered as a drug addict.

If there are compelling reasons for doubt, invite a licensed expert to conduct an examination directly to the deal.

6. Information about debts for overhaul

All debts for housing and communal services remain with the former owner of the apartment. The exception is overhaul. If the seller did not pay for it, the debt will go to you. You can check the absence by the last payment. If you do not trust, ask for a certificate from the management company.

7. Power of attorney

It is best to conclude a sales contract directly with the owner. But the owner is not always present at the deal. In this case, he can issue a notarized power of attorney for the person who will represent his interests.

Transactions with this document are unsafe, there are too many risk factors. If you do decide to take a similar step, check the following:

The power of attorney gives the right to sell the apartment on behalf of the owner.
The document is genuine - you can find out on the website of the Federal Notary Chamber.
The power of attorney has not expired.
It contains the correct passport and other data.
The owner is alive and in his right mind - video communication and certificates from a neuropsychiatric dispensary will help here.

But even if everything is in order, think three times before deciding on such a deal.

What to remember

Check all documents. Don't be afraid to be intrusive or boring: you are risking millions.
If in doubt, contact a specialist. Better to be an alarmist than to be left without an apartment and money.
If with each step doubts do not disappear, but grow stronger, refuse the deal.

UPD. The text was updated on November 17, 2019 with more relevant data from verified sources.