How to protect yourself from the trick when buying a house?
The number of buyers of suburban real estate is growing day by day, along the way, the number of incorrectly executed transactions and typical mistakes is also multiplying. Today, the “Owner” will talk about what documents you need to ask the seller and what mistakes are most often made by buyers of suburban housing.
“The seller’s eyes were honest”, “He showed a notarized power of attorney”, “It was a relative of my best friend” … What “weighty” arguments you will not hear from deceived buyers of suburban real estate! But most of the troubles are due to neglect of basic rules, due to ignorance of the basics. What points need to be kept in mind so as not to get into trouble?
Which rake is attacked twice
Of all the basic rules for buying a country house, the most often neglected two are those relating to the ownership of land and the house. Buyers forget to make sure that the seller’s ownership rights to land and to the house are properly registered and registered. “Unfortunately, the situation is widespread when the buyer of the house turns a blind eye to the fact that the land does not belong to the seller on the basis of ownership, but, say, on the right of inherited gift for life,” explains Natalya Titkova, head of the legal department of the Status Real Estate Agency. “In this situation, the law does not allow the new owner to dispose of this plot, for example, subsequently sell it, and the contract of sale of a house on such a plot may simply not be registered.”
The reverse situation is also characteristic. The buyer agrees to purchase the house by making a purchase and sale transaction on the land on which this house is located. Since the seller’s house is not registered and not registered, it is considered unauthorized construction, and registration of new owners will fail. At least, without nerves, courts and long years of ordeals in the relevant state bodies.
Well, as for fraud in transactions with suburban real estate, the most typical of them is the sale of land and houses under a fake power of attorney. “When acquiring suburban real estate by proxy, it is always necessary to check, firstly, its authenticity with a notary, and secondly, the reality of the existence of a principal,” warns Natalya Titkova. “Here you need to contact the principal and check whether he is alive, whether he really issued a power of attorney, for what reason, etc.”
We look at the documents
In a word, no matter how honest and dispossessing the seller may be, no matter how diligently good friends recommend him to you, in no case should you disregard documents for the house and land. Without fail, when purchasing suburban real estate, the following set of documents is required:
Title documents for the house. This is a certificate of state registration of ownership of the house and an act of the acceptance committee on the commissioning of the completed construction facility, if the house was directly built by the seller. Or documents confirming the seller’s ownership, arising on other grounds (sales contract, gift, barter, certificate of inheritance + certificate of state registration of law).
Technical passport of home ownership. It is a single document, which includes: the plan of the land plot, the explication of the land area, a description of buildings and structures, purpose, technical condition and cost of buildings and structures. The document is issued by the regional BTI at the location of the property and must have the seal of the corresponding BTI.
Technical passport of the building (structure) with a floor plan for each building located on the site.
Extract from the house book. If the house is suitable for permanent residence (permanent residence), then you must have an extract from the house book about people registered in this area. Even if the buyer is not going to register in the acquired premises, the extract will show whether he is buying property with an encumbrance in the form of a family of five.
Title documents on a land plot confirming the ownership of this plot. Potential buyers should pay particular attention to this item. The land on which the house is located must be not only properly registered by the seller, but must also be owned. “It is necessary to identify the right of ownership, and not the right of permanent (unlimited) use or lifetime inherited possession of the seller to the specified site,” Natalya Titkova explains. This requires documents such as: certificate of state registration of ownership, contract of sale (gift, certificate of inheritance). As well as documents obtained as a result of the privatization of the land: decisions of the head of administration on the provision of the land in ownership, certificate of ownership of the land.