The list of documents on which “cleanliness of the transaction” with housing depends
- title documents on property (privatization contracts, sales, donations, barter, inheritance, certificate of ownership, certificate of housing cooperative, registered in the committee of municipal housing);
- an archival extract for the last 18 years. The extract will show who and when resided at this address, and most importantly, where the person left for a long time (for example, in the army, prison, a nursing home, etc.). Retired people have not lost their right to use and may subsequently claim it.
- a printout from the Registration Chamber of the transfer of ownership of this object. A listing of the transfer of title to the apartment will tell you when, to whom and on what grounds this right was transferred. It also reflects arrests and bans on the property, if any;
- an extract from the house book;
- a copy of the financial account;
- a certificate of the absence of debt for utilities;
- if the minor lives with the seller, the decision of the guardianship commission;
- a permission from the spouse to purchase or alienate the property;
- additional permits (if people with disabilities live, especially minor children)
- a certificate of payment of property tax.
It should be noted that most of these documents just do not get you – you need the help of the apartment owner or the involvement of special services, as experienced realtors do (people always pay the services involved in this case).
The certificates from the psycho-neurological (PND) and narcological dispensaries (ND) to all apartment owners, as well as their spouses, even if they are not the owners, will not interfere at all. The marriage share has not yet been canceled, unless a marriage contract has been concluded. Of course, only a court can deprive or limit a citizen’s legal capacity, and a person registered in PND or ND can sell the apartment, but such a transaction can be very easily challenged. In addition, there are a number of diagnoses, in the presence of which it is better for the owner to immediately run away from him/her (for example, schizophrenia of any degree).
A very important point is the identification of whether there were no violations of property rights and the rights of residence of minors among all previous residents and apartment owners. Now these are adults who can easily start a lawsuit with you, which, by 99.9%, will benefit. In identifying this item, you will again be assisted by the same archive extract and listing of the transfer of ownership. Ask if there are minor children of the owner or a person registered in the apartment who is not registered with any of the parents.
If the co-owners of the apartment are minors, the real estate transaction is possible only with a written order of the guardianship and trusteeship authorities. It is necessary to make sure that the sellers have not forgotten about this important moment and received permission. It is imperative to find out if there are people of military age who are evading military recruitment in the apartment. If a young man goes on the run, being registered in the property, it will be extremely difficult to write him/her out. After an inspection has been carried out confirming the absence of third-party rights to an apartment, it will be necessary to clarify a few points:
- Has the apartment been redeveloped or not? If so, is it agreed in accordance with the procedure established by law?
- If the apartment is located in a condominium or in the homeowners ’partnership, this is subject to mandatory instructions in the purchase and sale agreement.
- And the last thing – if the owner or co-owner of an apartment cannot attend the transaction personally, and another person will act for him/her under a notarized power of attorney, then in this case you must make sure that the power of attorney did not respond. Such information may (but is not required) be provided only by the notary issuing it.
What should be in the contract of sale of apartments:
- place of conclusion of the contract;
- date of the contract must be written in words (the twelfth of June two thousand and one year);
- the names of the parties, the surnames, names, patronymic names of citizens, the addresses of the place of residence and the details of the identification documents must be written in full;
- the subject of the transaction and clear information about the apartment;
- information about the document on the basis of which the seller has ownership of the apartment;
- apartment price in specific currency depending on the country of residence;
- if the apartment is inhabited by persons who retain the right to use the apartment after it has been purchased by the buyer, then there should be a list of these persons with an indication of their right to use.
Other requirements for registration of the transaction:
- When signing a contract, citizens clearly and fully write their surname, first name and patronymic and sign.
- If there are postscripts, crossed out words or corrections in the contract, then it is necessary to stipulate this separately and assure them with the signatures of the participants in the transaction.
- The number of original copies of the contract should be equal to the number of participants in the transaction, plus one copy for the real estate rights registration committee.
- If the contract does not fit on one sheet, then you need to stitch all the sheets together, specify the total number of sheets and certify it with the signatures of the participants; when accepting documents, the employee of the registration office will open the empty places and certify the number of sheets bound with his/her signature with the stamp attached.
- If the transaction is made by one of the spouses, it is necessary to submit to the registration the notarized consent of the other spouse to complete the transaction.
- If the owner (co-owner) of the apartment is a minor, a certificate (conclusion) of the guardianship authorities on the observance of his/her interests in the transaction will be required.
- An application for registration of the transaction is filed from each of the parties to the contract.
- An application for registration of transfer of ownership is also filed from each of the parties to the contract.
- All copies of the contract, a certificate from the Bureau of Technical Inventory, explication and floor plan of the premises, an extract from the house book and a copy of the financial personal account to the apartment are attached to the statements.