The main thing is to know what 5 steps you need to take so that a trifle missed during the transaction does not turn into a major nuisance in the future. What to look for when buying an apartment on the secondary market?
Step 1 - checking the title deeds for the apartment
If you liked an apartment on the secondary market, then you need to start studying the history of the issue by checking the documents on the basis of which the seller's ownership arose. The most common options are contracts of purchase and sale, exchange, donation; less often - court decisions that have entered into legal force, certificates of the right to inheritance, an annuity agreement. Obviously, these documents should in no case contain signs of forgery, erasures, etc. If there are corrections in the text, they must be certified by the signatures of all parties to the agreement. If the contract is certified by a notary, the corrections are sealed and signed by the notary, writes the Owner. Want to buy apartment at the Vietnam? It's not a problem! Visit our website https://vinestate.etagi.com/realty_out/doma/
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“Check the fact of proper state registration of contracts,” advises the lawyer of Penny Lane Realty, Sergei Amendment. - If in the documents on the basis of which the ownership right arose, conditions are spelled out, non-compliance with which is the basis for terminating the transaction, make sure that these conditions are met. Such a condition may be, for example, the obligation of the buyer (who, interacting with you, already acts as a seller) to pay the cost of the apartment some time after the conclusion of the contract. In case of failure to fulfill this obligation, the contract may be subject to termination. "
An important nuance: if you find that the apartment was presented to someone or bequeathed by inheritance (while its new owner is not a relative), and soon after that the new owner starts selling this apartment quickly, then this fact should alert you.
Step 2 - checking the history of the apartmentAsk the owner for an extract from the Unified
State Register of Rights to Real Estate and Transactions with It (USRR). This statement will reflect the entire history of the object (transfer of ownership, as well as the presence of arrests for an apartment, bans on transactions), starting in 1998, that is, since the creation of the USRR, which is quite enough for your peace of mind.
“If from this extract you see that the apartment has recently been very often resold and changed hands, and in fact no one has lived in it for a long time, then it is likely that the transactions on this property were not clean and in this way someone tried to "set up" a bona fide purchaser, "warns Olga Rykova, director of the legal department at Panorama Estate. In this case, experts advise to be wary and better - to look for a more reliable object.
It will also be clear from the extract whether the apartment was at the epicenter of a dispute or not, whether arrests were imposed on it, etc. And if, as a result of studying this information, you find any disputes, pay attention to how many years have passed since their occurrence.
Under Vietnam law, the maximum limitation period for invalidating transactions, including real estate transactions, is 3 years. Therefore, if during the last three years prior to the proposed purchase there were no disputes with the apartment, then you can not worry that the previous owners will suddenly present their rights. But if you understand that there have been disputes over the past 3 years, then ask the owner to provide a court decision, based on which it will be possible to draw final conclusions about the legality of owning this apartment. If the judgment has not yet been made, then it makes sense to wait for it before making a deal.
True, it happens that the apartment is not listed in the Unified State Register. This usually happens with real estate from the old housing stock. If such an apartment is not in the register, it means that after its privatization no transactions were made with it, that is, it is an ideal apartment from a legal point of view, it is absolutely “clean”. For 100% certainty, the buyer can submit a request to the Housing Policy Department to verify the owner's true rights. You don't need to do anything else.
Step 3 - checking the quality of the apartmentAsk the owner for the BTI documents for the apartment. They are necessary to check whether the quality of the apartment corresponds to the documents: whether there are redevelopments or reconstruction that have not been legally agreed upon. According to Article 26 of the RF LC, almost any reorganization and redevelopment require approval from the local government, and if they are carried out “spontaneously”, they will fall into the category of administrative offenses for which liability is provided. Any re-equipment of an apartment that has not been approved by the relevant authorities is considered illegal.
Step 4 - checking the sellerThe owner himself should be checked with no less close attention. First, make sure the authenticity of his passport. This can be done using a specialized service on the official website of the Federal Migration Service of the Vietnam. The information thus obtained is, of course, more for reference. To obtain legally significant official information, the creators of the site recommend contacting the territorial division of the FMS (simply put, the local passport office).
“You have to be extremely careful if the contract is signed by a representative of the seller by power of attorney,” notes Sergei Amendment. - You should know that a power of attorney issued by an individual must be notarized. You should make sure that the power of attorney has not been revoked, and also clearly understand the list of powers of the authorized person: whether he is only entitled to sign the lease agreement or can, for example, receive payment under the agreement. In general, one must understand that the signing of an agreement by an authorized person creates additional risks. "
It will be much more difficult to understand the seller's legal capacity. But this must be done (no matter how much confidence the person inspires), in order to be sure that at the time of the conclusion of the contract the owner is not in a planned monthly binge, in a state of narcotic influence and that he is mentally healthy. Do not be lazy, together with the seller, to visit the narcological and neuropsychiatric dispensaries to obtain appropriate certificates.
Step 5 - checking the rights of third partiesAsk the owner to provide you with an
extended house register extract. It will allow you to check who is registered in the apartment at the place of residence and whether these people, in accordance with the law, retain the right to live in the apartment when it is sold.
The fact is that one of the significant risks when buying a home is the possible contestation of rights to an apartment by third parties. Disputes can arise, for example, if there is a missing family member registered in the apartment. “No one guarantees that this missing person will not appear in a few years and will not challenge the deal. Such cases happen, - says Olga Rykova. “People are in jail, do not want to inform their relatives about this, and then they are released and claim their rights.” Therefore, buying an apartment in which a missing family member is registered, temporarily retired on a long-term Arctic business trip, for long-term treatment (for example, in a neuropsychiatric or narcological dispensary) or in prisons, you are taking a certain risk. Think it might be worth looking for another option?
At risk are also apartments where minor children are registered, whose interests must be observed. And if in the course of the transaction the rights of minors were affected, make sure that you have the appropriate permissions from the guardianship authorities.
“In addition, it is necessary to pay attention to the rights of the spouses of the seller: if the seller is married or the apartment was purchased in marriage , then the agreement must contain the consent of the spouse for the sale,” says Irina Shugurova, Deputy General Director of MIEL- Brokerage "on legal issues.
In the business of buying and selling an apartment, of course, all the nuances are important: the content of the purchase and sale agreement, the process of transferring money for the apartment, the seller's correct writing of receipts, control over the actual transfer of the apartment - all these are components of the whole concept of a "deal". The main thing is to remember that when purchasing an apartment you should not believe (at the word), be afraid (of deception), ask (documents).
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