Checking the legal purity of purchasing an apartment: tips and recommendations. Checking the legal purity of an apartment - how to do it

If you refuse the services of an agent, you can save several tens of thousands of rubles on checking the legal purity. With the proper approach, even an independent check will reveal possible weak points of the object. Moreover, some of the verification stages can be carried out using Internet resources, in particular, the Rosreestr website. The portal website provides several recommendations with which the buyer can independently check the legal cleanliness of the site with the house before purchasing. The recommendations are also suitable for cases of purchasing a plot with an unregistered house.

In the eyes of a significant part of buyers, it is an unregistered private house that is more interesting for purchase. It is cheaper in price. In addition, until the house is registered with the cadastral register, you do not have to pay tax on it (usually more than 10 thousand rubles per year). However, even when buying such an “unofficial” property, you need to be sure that it is built in accordance with building and fire regulations, and it can be registered if such a need arises (for insurance, inclusion in a will, etc. ).

Step 1. Online pre-check

The buyer usually conducts a legal check of the purity of the purchased property after he has personally examined all the offers that interest him and made a choice. However, quite important information about the plots with houses put up for sale can be obtained even before going to the viewing party and meeting with the seller. This will allow you to remove objects with legal problems from the list for inspection and not waste time getting to know them personally.

Preliminary verification of the legal status of an object begins with a telephone call to the seller. During the conversation, it is necessary not only to set a time for a meeting and inspection of the plot and house, but also to find out the cadastral number of the plot or the exact address (if the plot/house has been assigned an address). This is not secret information, there is no point in hiding it for the seller. Knowing the address or cadastral number, you can get information about the plot and house on the Rosreestr website. However, it is worth considering that searching by address does not always work here. It is more reliable to search by cadastral number. If the buyer of the object does not know this number, he can clarify it through the resource kadastr.ktotam.pro. Here you can find out the cadastral number for free if you enter the address of the property.

The page of the Rosreestr website “Reference information on real estate objects online” will tell you quite a lot about the property. Here you can find out the address, the cadastral value of the property, the area of ​​the plot and the house, the date of registration of ownership, as well as the presence of restrictions - whether the property is under mortgage, pledge or under arrest. True, the form of the restriction will not be indicated - only a note that there is a restriction on the disposal of the object. The buyer must understand that until the restriction is lifted, the purchase and sale of the property is impossible.

In addition, information about the plot and the house can be obtained using the Public Cadastral Map on the Rosreestr website. Here in the public domain there is data on the category of land, permitted use and size of the object.

Step 2. Examine the documents available to the seller

The seller of a private house, by default, must have documents confirming his ownership of the land, a title document for the house and a passport. The buyer will be able to study these documents during their first meeting. In addition, you should ask the seller (for example, during a preliminary telephone conversation) to have with him an extract from the Unified State Register of Rights on the transfer of rights, an archival certificate from the passport office and receipts confirming the absence of debts on utility and other payments. Most likely, the seller will not have these papers on hand at the time of the meeting (they are not needed for the transaction and sellers usually do not care about collecting them). Then it’s worth agreeing with the seller about a second meeting in a few days, when the missing documents are ready.

Land documents

The seller's ownership of the land plot is confirmed by two documents. Firstly, this is a title document - it indicates on what basis the current owner owns the land. The title document for land can be: a resolution on the allocation of land, a purchase and sale agreement, a certificate of inheritance rights, a court decision, etc. The second necessary paper is an extract from the Unified State Register of Real Estate - EGRN, which confirms the ownership of the land of a specific person .

The buyer should be quite careful about a plot received as an inheritance, especially if the inheritance was received by will and not by force of law. The certificate of inheritance always indicates whether the inheritance was received “by will” or “by law.” Realtors especially carefully study objects inherited less than 3 years ago. Another situation that should alert the buyer is if the current owner himself purchased the plot recently - less than 3 years ago. In this case, you should insist that the owner additionally present an “extended extract from the Unified State Register of Real Estate” (this will be discussed below).

The second paper - an extract from the Unified State Register of Real Estate - requires no less attention. It should be remembered that from January 1, 2017, an extract from the Unified State Register is the only document confirming the title to the property. All other papers (certificate of lifelong ownership, deed of ownership, etc.) are title-establishing and formally no longer have legal force. However, if the owner of the plot registered his property right before July 15, 2016, he has a “Certificate of Registration of Rights” in his hands, which at least says that the owner’s rights are properly registered. However, it is better for him to present an extract from the Unified State Register of Real Estate with a recent date. It is needed to make sure that the object is not pledged or under an encumbrance.

When studying the extract from the Unified State Register of Real Estate, you need to make sure that the address indicated there coincides with the actual location of the site, check the configuration of the site (there is a drawing in the extract). If you are purchasing a residential building (not a garden house), then you need to make sure that the status of the plot allows you to consider the housing built on it to be truly a residential building. That is, the plot must be located either on the lands of settlements (and have permitted use for individual housing construction - individual housing construction or personal subsidiary plots - private plots), or on agricultural lands (permitted use for summer cottage construction or for gardening or vegetable gardening).

Vladimir Voronov

country real estate expert at Link Academy of Sciences

You also need to make sure that the documents for the site correctly indicate its characteristics. It often happens that the area of ​​the plot indicated in the title document and in the extract from the Unified State Register does not coincide. In the extract there is a more correct option. In addition, by studying the extract, you can understand whether land surveying was carried out. Let me remind you that from January 1, 2018, plots cannot be sold without land surveying. In the extract from the Unified State Register there is section No. 1, column “area”. If it says that the area is “specified”, this means that land surveying has been carried out. Or the number in the adjacent column will tell you about the survey. If there is a plus/minus sign next to the number (for example, 320±4), this indicates that the site has been surveyed. However, regardless of how long ago the land survey was carried out, I recommend calling a surveyor and clarifying the actual location of the site. This will allow you to insure yourself against mistakes made during the preparation of the land survey. It happens that the acquired plot occupies a larger area than indicated in the documents; it is even worse if there is an outbuilding (bathhouse or garage) beyond the border of the plot, which is purchased along with the plot.

If it is not clear from the extract from the Unified State Register of Real Estate that the site has been demarcated, but the owner claims that he carried out the survey, then you should clarify when this was done. It happens that areas demarcated before 2008 need to be interleaved, since the coordinate determination system has changed since then. If the survey was carried out recently, then perhaps the owner (or the cadastral engineer who carried out the survey) did not submit an application to Rosreestr to make changes to the Unified State Register. A call to the Rosreestr hotline at tel. 8-800-100-34-34. During the conversation, you will need to give the cadastral number of the plot. Therefore, you need to remember it or have the opportunity to “spy.”

Documents for the house

If the owner approached the sale of the house with full responsibility, then he registered the property in the cadastral register ahead of time and registered ownership of it. In this case, the seller has in his hands “an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property.” This document confirms ownership of the house. The extract, in particular, indicates: full name of the owner, cadastral number, address, number of floors and area of ​​the house. Particular attention should be paid to the cadastral value of the property, as it will affect. In the Sverdlovsk region, the tax on private houses will be calculated based on the cadastral value, starting in 2019 or 2020.

If the house was built before 1999, then it was most likely registered with the BTI. That is, Rosreestr may lack information about both the house itself and its owner. It is clear that in this case the owner (seller) will not have an extract from the Unified State Register of Real Estate. But then he must have a document confirming his right to the house (title document). This could be a registration certificate from the BTI, a sales contract, a deed of gift, a certificate of inheritance, etc.

As explained in the Office of Rosreestr for the Sverdlovsk Region, even if the owner of the house has not registered his rights to the house, he can nevertheless sell this house. In this case, two applications are submitted to Rosreestr (through the MFC) - for registration of the right and for registration of the transfer of the right. The applications are accompanied by title papers for the land and the house.

When studying an extract from the Unified State Register of Real Estate, as well as the title document, you need to make sure that the data from the documents coincides with the characteristics of the real house.

Egor Mityurev

agent, country real estate expert at Novosel Academy of Sciences

It happens that three-story buildings are registered as one-story. Theoretically, there is a danger that municipal authorities will find out about the violation (often this happens thanks to a “signal” from neighbors) and demand that the house be brought into compliance with the documents. That is, the buyer of such an object must be prepared for conflicts with the head of architecture. Or he will have to obtain permission for reconstruction and register the house honestly.

Owner's passport

The seller’s passport must be examined not only to make sure that this person is the owner of the house and land. You should also pay attention to your marital status and understand whether the house was purchased during marriage or not.

Anastasia Chernova

Sales Specialist at Nakhodka Academy of Sciences

It is very important to know who can claim the house and land. If they were purchased during marriage, then a notarized consent of the spouse for the sale is required. It is also worth checking for the presence of minor children, who may subsequently challenge this transaction if their rights have been violated.

If the seller has two or more children, and he bought the house ready-made, then there is a possibility that maternity capital was used when buying the house, which means that by law all family members must be given shares in this property. If this was not done, then subsequent transactions with the property may be contested, therefore, the future owner of the house is at risk. Therefore, the buyer should try to find out whether the capital was used when purchasing the house by the current owner. This is quite difficult, since the participation of maternal capital in the purchase of a house is not recorded in the title document. But if the house was purchased with the help of a mortgage, then reference to maternal capital may be in the loan agreement.

Step 3. View the papers prepared at the buyer’s request

If, based on the results of the inspection of the house and site, a decision is made (final or preliminary) to purchase them, then you can begin the stage of a more in-depth inspection of the property you like. As mentioned above, for this you will need an extract from the Unified State Register of Rights on the transfer of rights, an archival certificate from the passport office and receipts confirming the absence of debts on utility and other payments.

Extract from the Unified State Register of Rights on the transfer of rights

If the seller presents a purchase and sale agreement as a title document (that is, he himself once purchased a plot of land with a house for money), then the buyer should investigate the legal history of the property. For this purpose, “an extract from the Unified State Register of Real Estate on the transfer of rights to a real estate property” is best suited. Sometimes this paper is unofficially called an “extended extract from the Unified State Register of Real Estate”. It can only be ordered by the owner of the house or a person who has a notarized power of attorney from him. The certificate can be ordered from the MFC or (if the owner has an electronic signature) on the Rosreestr website. Registration of an extended statement in paper form will cost 400 rubles, in electronic form - 250 rubles. The processing time is three working days.

The extended extract contains the full names of the owners of the plot in chronological order, the type of right of each owner (ownership, shared ownership), and most importantly, the registration dates of each transaction.

Lyudmila Plotnikova

You should pay close attention to the terms of ownership of the plot and house. The buyer should be especially wary if the current and previous owners of the property owned it for a very short time. There is a danger that a series of lightning-fast transactions is covering up tracks after a risky operation. In turn, if the seller has owned the land for many years, this reduces the risk of “greetings” from the past appearing.

Experts note that the extended extract is also useful when checking a plot (a plot with a house) that previously passed from one owner to another through inheritance or by court decision.

Archival certificate from the passport office

Information about the spouse and children is not always available in the owner’s passport. This can happen if the passport has recently been replaced (due to loss or when the owner reaches 45 years of age) or simply due to a mistake by the passport officer. Some idea of ​​the family composition of the owner of the house can be obtained from an archival certificate from the passport office. Sometimes it is called an extended or historical certificate in form 40. Such a certificate is issued at the passport office (the modern name of this body is the Center for the reception and processing of documents for registration of citizens at the place of residence and place of stay of the Federal Migration Service). The archival certificate contains information about who and when was registered in the house for the entire time that the current owner owned the house. This certificate will help you understand what kind of relatives the owner (seller) has and what risks this may pose for the future owner in the future. As already mentioned, the presence of two or more children may indicate the use of maternal capital in the purchase of real estate. Also in the certificate you should pay attention to the records of the discharge of citizens in connection with departure to places of imprisonment or military service. Such people retain the right to live in the house, even if the house changes hands.

Also, before the transaction, you should ask the seller for a regular certificate in Form 40. It indicates the persons registered (registered) in the house at the time the certificate was issued. It is advisable that at the time of sale no one is registered in the premises, and definitely no minors.

Payment receipts

Before buying a house, you need to make sure that the previous owner has no debt for “utilities” (if the plot/house is connected to the networks) for membership and other payments. Therefore, the buyer is recommended to familiarize himself with the utility payment receipts that the owner will provide. Additionally, you can visit the chairman of the gardening partnership (if the house is located in SNT) or the office of the management company (if the house is in a cottage community). Here you can also get information about possible debts of the seller of the plot.

Step 4. In-depth check online

Unlike on-line preliminary verification, this stage requires significant time and small financial costs.

A simple extract for a plot or house from the Unified State Register of Real Estate

If there is a need to obtain additional information about the house and plot, you can order an “extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the object” on the Rosreestr website. It can be obtained in paper form for 750 rubles, in electronic form for 300 rubles. The paper is issued to any citizen.

Denis Vokhmenin

To check the information provided by the owner about the ownership of the house and land, you need to order extracts from the Unified State Register of Real Estate for the house and land. They contain all the information about the owner (full name), the basis for acquiring ownership rights, restrictions and encumbrances (if any) of real estate.

When studying the extract, a potential buyer should carefully study the sections containing data on restrictions - encumbrances (seizures) of the right, as well as claims made in court. It may also contain information about challenging inheritance rights. Of course, the presence of such legal “add-on weights” greatly increases the risks of the owner of the house and land.

Previously, the portal site talked about the variety and the cost of using them.

Is the property subject to litigation?

Another source of knowledge about the home you are purchasing is the websites of district and city courts. They have search engines that allow you to find court cases (completed or in progress) by the name of the participant in the process. The website of the Federal Bailiff Service may also be of interest. To search on it, in addition to the full name, you need to know the citizen’s date of birth.

Lyudmila Plotnikova

lawyer of the Ural Chamber of Real Estate

Before buying a house and land, you should check on the websites of district courts to see if there are any lawsuits surrounding this property, or if relatives are dividing it in court. It is necessary to search in the courts at the location of the property. It is worth looking at the bailiffs' website for this reason - it happens that the bailiff initiated enforcement proceedings, but did not seize the debtor's property. That is, the Unified State Register does not display information that restrictions have been imposed on the object. And Rosreestr will register a transaction with such property. However, if you buy a plot of land with a house from a person against whom enforcement proceedings are being carried out, then such a transaction may be subsequently challenged. And the buyer will lose the acquired property.

Is the seller in bankruptcy?

If the home owner is in a state of personal bankruptcy, creditors will be able to challenge the sale of their property. Then the property will be returned to the previous owner, and the buyer will stand in line for creditors to receive the money paid for the house and land.

Lyudmila Plotnikova

lawyer of the Ural Chamber of Real Estate

Bankruptcy cases of citizens should be searched on the website of the arbitration court. But I note that the absence of a bankruptcy case does not provide a guarantee. If a person was not bankrupt at the time of the sale, but went bankrupt within three years after the transaction was concluded, there is a risk that creditors will try to protest the transaction on the grounds that it was made for the purpose of removing the debtor's property from creditors. If the transaction was carried out at a price lower than the market price by 25%, then it will most likely be declared invalid.

As additional protection against possible bankruptcy of the real estate seller, an appropriate guarantee from the seller can be included in the purchase and sale agreement. The UPN proposes the following wording: “The seller guarantees that he has not been declared bankrupt, that bankruptcy proceedings have not been initiated and are not ongoing against him, that he has no debts and/or any other unfulfilled obligations that may lead to the initiation of bankruptcy proceedings against him.” bankruptcy and/or collection of funds, that he knows nothing about creditors who may apply to the court to declare him bankrupt, and that he himself does not plan to go to court to declare himself bankrupt.” However, the concept of personal bankruptcy in Russia appeared quite recently, and so far there are no judicial precedents showing whether such a formulation protects the future owner from challenging the transaction he has completed.

Buying an unregistered house

Often, owners of individual plots do not register residential buildings in order to avoid property taxes. In principle, you can buy a plot with an unregistered house. Often in this case, the contract indicates that there are building materials on the site.

Denis Vokhmenin

Chief Legal Advisor, Nakhodka Academy of Sciences

In this case, only a plot of land can be legally acquired. And the new owner will have to deal with registering ownership of the house (if he decides that this needs to be done). At the same time, the new owner may encounter difficulties when registering ownership of the house, since the entire procedure will depend, among other things, on the category of land and the type of permitted use of the land plot.

The new owner, according to Art. 222 of the Civil Code of the Russian Federation can register a finished building, however, for this he will need a construction permit. If the house has already been built, municipal authorities may refuse to issue a permit. In particular, the refusal may be due to the fact that the house does not comply with building codes (for example, the setbacks from the boundaries of the site are not observed). Therefore, if an unregistered house is purchased (i.e., not registered with the Unified State Register of Cadastrals), then it makes sense for the buyer to make sure that the seller has a building permit and that the real house corresponds to what is stated in the permit.

Before purchasing an apartment, it is necessary to conduct a thorough analysis of its legal purity. This is usually done by real estate agency lawyers. But situations are different, so the buyer also needs to be able to read documents correctly so that no troubles with the apartment occur in the future. So what do you need to know?

We check the documents for the apartment

Let's say you find an apartment that suits you completely. The first step is to find out on the basis of which documents the seller’s ownership rights arose. In most cases, owners of residential real estate have purchase and sale agreements, exchanges, donations, and certificates of inheritance. You can also meet a person with such a rather rare document as a court decision that has entered into legal force. They may also present you with a rental agreement.

It is advisable to look at the documents with your own eyes and hold them in your hands to make sure that there are no traces of erasures or other falsifications on the papers. There may be corrections, but they must be certified by the signatures of all persons signing the agreement. If a notary was present, the corrections must be certified by his signature and seal.

You can also check the state registration of the contract - any citizen of Russia can check this too. Sometimes the contract specifies conditions, non-compliance with which leads to its termination - then you need to clearly find out whether these conditions were met. A classic example is the obligation of the buyer (i.e., at the moment, already the owner and, as a result, the seller) to pay the full cost of the apartment some time after purchasing the property. If the condition is not met, the contract is subject to termination, which means that the person selling you the apartment is not its owner.

Look at the effective date of the contract. You should be wary if the owner begins to quickly sell an apartment that was recently given to him or bequeathed by a person who is not his relative.

Checking the history of the apartment

The Unified State Register of Rights to Real Estate and Transactions therewith reflects the history of all residential properties since 1998 (all transfers of ownership, seizures of property, and prohibitions on transactions are indicated there). Ask the owner for an extract from the Unified State Register to make sure that everything has been in order with the apartment for the last 15 years.

What should make you wary? For example, if the apartment often changed hands and no one lived in it for a long time. It is possible that not everything is in order with the transactions for this apartment, and they are simply trying to deceive you. Then it is better to choose another apartment.

The extract from the Unified State Register will indicate all property disputes over the apartment, cases of seizure, etc. Look at the date of these events, and you can roughly assess the situation: can these disputes arise again, or are all these things of the past? .

Russian legislation establishes the maximum period for invalidating real estate transactions is 3 years. Accordingly, if no conflicts have occurred over the apartment over the past 3 years, you can breathe easy. But if such a dispute occurs during this time, ask the owner to present a court decision to understand whether he really owns this apartment legally. If the owner tells you that litigation is still ongoing, it is best to hold off on purchasing until the court's decision is made.

True, it still happens that a residential property is not registered in the Unified State Register - usually this applies to fairly old apartments. Oddly enough, the absence of such an apartment in the register means that it is completely legal, i.e., no transactions have been made with it since the moment of privatization. To finally be convinced of the absolute legality of the rights of its owner, you can submit a clarifying request to the Housing Policy Department.

Checking the quality of the apartment

Now you need to ask the owner for documents from the BTI to make sure that there were no illegal alterations or alterations in the apartment. According to the law (Housing Code of the Russian Federation, Article 26), almost any reconstruction and redevelopment must be agreed upon with local governments. If this does not happen, the redevelopment is considered illegal.

You need to avoid gross violations, the approval of which will entail large time and financial costs (demolition of load-bearing walls, relocation of wet points, etc.). However, if the apartment, for example, has a combined bathroom or isolated adjacent rooms, then such changes can be considered more of a “plus”.

Svetlana Birina

Head of the urban real estate department of the company "NDV-Real Estate"

Checking the seller

The owner himself needs to be checked no less closely than his apartment. The first thing to do is to ensure the authenticity of his passport. For example, this can be done on the website of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia - a list of invalid Russian passports is published there, which is regularly updated. This information is rather for reference purposes, and in order to obtain more legally significant data, it is worth going to the local passport office.

It is more difficult when his representative acts on behalf of the seller. If you find yourself in a similar situation, check the power of attorney as carefully as possible and make sure that it is certified by a notary. Without a notarized power of attorney, the seller’s representative has no right to take any actions. Read the document itself to find out another important question: whether the representative of the owner of the apartment has the right to receive money for its sale, or whether his powers are limited only to signing the agreement. In any case, a power of attorney is an additional risk.

It is also worth understanding the seller’s capacity, especially if at first glance there are doubts about his adequacy. For example, you can talk to the seller’s neighbors - perhaps they will tell you something about him and his lifestyle.

We check the rights of third parties, or rather, their absence

In order to avoid problems with the purchased apartment later, you need to make sure that no third parties can lay claim to it. There are situations when a family member who is registered in an apartment, but has not lived in it for a long time, suddenly shows up and begins to challenge the deal or declares his desire to move in. Most often this happens when a person was in prison; problems arise less often with people who have left for long-term treatment (for example, to a psychoneurological dispensary), on an expedition, on a business trip abroad, etc.

Another risky situation is registered minor children: the fact is that according to the law, when buying and selling an apartment, their interests must be respected, and the guardianship authorities are looking after this. It may happen that the court later declares the deal invalid if the rights of the children were violated.

If the owner of the apartment is married, he must present a notarized consent to sell the home from his spouse.

The easiest way is to ask the owner for an extended extract from the house register, which will clearly indicate who is registered in this living space, and whether these people retain the right to reside in the apartment even if it is sold. About people,

Pay attention not only to what is written above: approach the transfer of money with maximum responsibility, make sure that the seller correctly writes a receipt for receiving the money, indicates the correct date, and does not forget to sign. And, of course, check the issue of the actual transfer of the apartment.

Last updated January 2019

Buying an apartment is a very serious matter. This is not a one-day event. In order to find legally clean housing and properly process the purchase of an apartment, you need the help of a realtor or lawyer in the field of real estate turnover. But not everyone knows a lawyer or realtor whom they can completely trust in this matter.

However, if you know how to approach this issue correctly, then it’s not all that difficult. In principle, it’s easy to do everything yourself or clearly and competently control the work of a hired realtor/lawyer. So, to successfully buy an apartment you need to go through three stages:

• choice of housing
• checking the apartment for legal purity
• conclusion and execution of a transaction

Choosing an apartment

Choosing the right apartment is the key to a successful purchase. First you need to decide on the characteristics of housing:

• how many rooms are in the apartment
• which floor
• location of the house in which the housing is located (city center, closer to transport hubs, to a park area, etc.)
• characteristics of the apartment building itself (number of floors, what the walls are made of, etc.)
• presence (absence) of repairs, furnishings, etc.

In the future, it is necessary to examine the price market in order to sweep away suspicious apartments (if prices are too low) and not allow an unyielding seller to profit from them (if prices are too high). In order to keep abreast of current prices, you can look at the local newspaper with advertisements or regional sites for the sale of real estate.

After pricing, specific options should be considered. It is advisable to select an apartment in person. Calling advertisements will not give the desired result. Also, you should not blindly trust a realtor who will offer options. The best case is if you find the right apartment through friends. This will eliminate a lot of worries. When inspecting the apartment, pay attention to:

• the one who shows it to you (it’s better if it’s the owner)
• what kind of neighbors are in the entrance
• what is the condition of the house's yard and entrance?

If your choice has been decided, then you should proceed to checking the apartment for legal purity.

How to check an apartment yourself before buying

This is one of the most critical stages. You must spend maximum diligence on checking so that there are no problems and troubles in the future. Before purchasing an apartment, be sure to check for:

• authenticity and reliability of title and title documents
• the competence of the seller (sellers) and his legal reputation
• presence (absence) of registered persons (special attention to those temporarily discharged)
• claims of outsiders (including possible claimant heirs) and legal disputes
• encumbrances (lease, rent, mortgage) and arrests
• utility debts
• legality of planning

What documents to check

The seller must have legal and technical documents on hand, namely:

• certificate of ownership or extract from the Unified State Register of Real Estate (you can get the latest one yourself, from the Russian Register or, for example, on the website)
• agreement for an apartment (privatization agreement, purchase and sale, exchange, donation, acceptance certificate from the developer, etc.)
• certificate of inheritance (if inherited)
• cadastral passport
• technical passport (if the owner has one)

Advice: If the ownership is based on a court decision, the purchase of such an apartment should be treated with extreme caution. After all, such a decision can be appealed and the apartment will be returned to the previous owner. But will your money be returned?

Request original documents and ask for the opportunity to make copies of them. When examining documents yourself, pay attention to:

• for the presence of signatures in the contracts in the required columns, stamps of the registration service
• certificates must be on special stamped forms

Keep in mind that erasures, blots, corrections, etc. are not allowed in such documents. If such elements are present, be wary, you may have a fake in your hands. Since real estate certificates have not been issued since 2015, to ensure relevance, ask the seller to order an extract from the state real estate register or request it yourself.

You can also ask the seller to order title documents (with the seal of Rosreestr) through Rosreestr. This is necessary to confirm the reliability of a separate document that is in doubt.

About the powers of the seller

The owner himself or his representative with a notarized power of attorney has the right to sell the apartment. The seller may be:

• the only person
• plurality of persons (shared ownership)
• spouses (community property), although only one person may appear on the documents

Seller information contains:

• in the certificate of ownership (extract from the state register)
• in the documents for the apartment

If you are dealing with a representative, you don’t care it is necessary to meet with the owner (owners) and discuss the issue of agreement in principle to sell the apartment, ask to see your passport, write down the data or make a copy of it. Technical issues can be resolved with a trusted person. If you are denied such a meeting, then perhaps this deal does not bode well. The validity of the power of attorney should also be checked. Visit the notary who issued the power of attorney and find out about its authenticity. Ask if she responded.

Be especially vigilant when the owner (one of the owners) is a child:

• if the child is under 14 years of age, then the legal representative (parents, adoptive parents, guardian) concludes the transaction on his behalf. The parents' authority is confirmed by a note in the passport and birth certificate. The guardian acts on the basis of the guardianship decision. Adoptive parent - by court decision.
• at the age of 14 to 18 years, the transaction is concluded with the written consent of the legal representatives.
• the legal representative of the child must support his intention regarding the apartment with the written consent of the guardianship authority to the transaction.

Pay attention to the seller's defects. Ask for a marriage certificate. If the apartment was purchased during marriage. A meeting with the seller’s wife (husband) is necessary, since in any case they will be required to agree to the transaction.

When concluding a transaction, require the consent of your spouse in any case (an apartment was purchased during or before marriage), including from your ex, since the absence of such consent may be a reason for legal disputes.

After meeting the seller through your contacts in the police or with the bailiffs, privately check his reputation. Ask the realtor (if you use his services) to ask his colleagues if the seller’s name is well known. This way you can avoid dealing with a scammer.

About registered persons

Before concluding a transaction, all persons must be discharged from the apartment (sometimes it is possible to indicate in the contract the seller’s obligation to evict registered persons within a short period after the transaction, but it is better not to create such difficulties for yourself), otherwise they will have the right to reside after the sale and their forced eviction will become your headache.

Ask the seller for a fresh certificate from your passport confirming the absence of registered persons. But keep in mind that such a certificate will not contain information about temporarily discharged people. This is about:

• convicted of a crime
• conscripts for military service
• elderly people in social institutions
• children placed in educational and correctional institutions
• incompetent in psychiatric hospitals
• undergoing long-term treatment in medical institutions

You can find out about the discharged persons from the extended (archival) extract from the house register. Get it together with the owner of the apartment and do not hesitate to ask the passport service employee about such persons. If there are such citizens, they will be able to declare their right to live in the apartment even after it has passed to another owner. It is difficult to discharge such people even through the courts.

About claims and legal disputes

All legal disputes regarding the apartment can be considered in the territorial civil court at the address of the apartment. Information about legal proceedings against the apartment owner can be obtained:

• by officially contacting the court office with a corresponding request (although such requests are often denied), therefore it is more effective to find out on the website of the territorial district/city court whether there are legal proceedings against the seller
• at the bailiff service for enforcement proceedings or through the bailiffs website
• in an extract from the state register (there is a separate column about this)
• informally when talking with neighbors, employees of homeowners associations, housing departments

If the seller inherited the apartment, it would be a good idea to contact a notary at the place where the inheritance was opened. Pay a visit to the notary office together with the owner and find out there that there are no other claimants to the inheritance.

About encumbrances and arrests

When the apartment is rented out, a rent agreement has been concluded, there is a mortgage or arrests, then when the owner changes, such encumbrances and arrest remain in force (although during the arrest it is generally impossible to carry out a transaction/registration). This limits the buyer's rights to fully own a home. Moreover, there is a risk of losing real estate altogether. Therefore, when buying an apartment, such circumstances should not exist.

You can obtain an extract from the state register from the registration department (or on the Internet on the so-called “Public Card”). There, in a separate section, all information about encumbrances is indicated. If there are any records of this, then you should not listen to the seller’s excuses. We recommend that you refuse such an apartment.

However, if the seller agrees to resolve the problem (for example, pay off the mortgage), then:

• demand from the encumbrancer (tenant, mortgagee, etc.) an official written document confirming the absence of claims
• force the seller to exclude such an entry from the state register
• order a fresh statement in which such data will no longer be present

Check utility debts

When buying an apartment, you may find that it is in debt. Of course, such debts must be paid by the previous owners. However, lawsuits will be filed in the name of the new owner. It may turn out that the current payment will be offset against debts and then the buyer will be the debtor. It is possible that utility companies will turn off electricity, gas, water, etc. Regarding debts on contributions for major repairs, these debts have a successive effect (that is, they are transferred to the new owner). Such consequences can be avoided by dealing with the presence of such a “dowry”.

This requires:

• ask the seller for a certificate from the housing department, ERIC about the absence of debt
• view payment receipts for the last year
• ask housing department and homeowners association employees about the existence of debt for the apartment
• include a clause in the purchase and sale agreement stating that the seller has paid all utility bills and is personally liable in case of debt

We check the legality of the redevelopment

The apartment can be redesigned or re-equipped (installation of additional large electric, gas, hydraulic units or relocation of engineering and communication networks). Such changes are not always legalized. Therefore, when inspecting the apartment, check the technical plan with the actual situation. It’s better to call a BTI employee and do it together with him.

note that the technical passport may already have a stamp indicating that the redevelopment is not coordinated, Therefore, study this document in more detail.

Keep in mind that if the apartment is purchased without legal redevelopment, then you may be forced through the court to restore the apartment to its previous appearance, and this can be a big expense.

How to properly process the purchase of an apartment

When the apartment has been checked, you can give your consent to conclude the transaction and prepare for its registration. Typically this procedure consists of the following steps:

• conclusion of a preliminary agreement, issuance of an advance or deposit
• preparation of all documents for registration
• Submitting documents to the registry office and paying for the apartment
• obtaining an extract from the state register and documents for housing

Conclusion of a preliminary agreement, transfer of advance payment, deposit

It is not always possible to complete documents or collect the required amount for an apartment in one day. Therefore, so that the seller does not receive a more advantageous purchase offer during this time and does not refuse the transaction with you, it is necessary to legally record the agreement. To do this, you can choose between:

• enter into a preliminary agreement for the purchase of an apartment
• make an advance (with receipt of receipt)
• transfer the deposit

All of these actions must be documented in writing and preferably in front of witnesses. And yet, the most effective way to bind the seller to you is to conclude a deposit agreement. Because if the owner changes his mind about selling the apartment, he will have to pay double the amount of the deposit. But the buyer may also find himself at a disadvantage if he refuses the deal for unjustifiable reasons (did not have time to raise the money, found a better apartment, etc.). The consequence of this will be the loss of the deposit.

What you need to know about the deposit

First, you should conclude a deposit agreement, which must indicate:

• date and place of drawing up the contract
• who are the parties to the agreement (full name, place of residence, passport details)
• what apartment are we talking about?
• the cost of this apartment
• deadline for concluding a purchase and sale transaction
• that the deposit provided for in Articles 380, 381 of the Civil Code is being paid
• indicate the amount of the deposit
• provide for the parties' liability for failure to fulfill obligations

The said agreement must be signed on each page and at the end of the text. The agreement is made in two copies for the buyer and seller.

Secondly, a receipt is drawn up about the fact of transfer of the deposit; the seller writes it, indicating in it:

• place and date of receipt
• who received the money and from whom (full name, date of birth and passport details)
• information about the concluded deposit agreement
• amount received (in numbers and words)
• signature of the person receiving the money (seller)

The receipt is drawn up by hand in one copy and handed over to the buyer. The amount of the deposit paid is included in the price of the apartment.

Preparation of documents for registration

The seller must prepare documents for the purchase of an apartment; the buyer only pays the state fee. Its size is 2000 rubles (other sizes are possible depending on the non-standard situation). However, the buyer should be involved in drawing up the terms of the purchase and sale agreement. It is advisable that such an agreement be reviewed by an independent lawyer before signing. Such a consultation will not be expensive, but it will save you from problems when submitting documents to the registry office and during the further use and ownership of the apartment.

The purchase and sale agreement for an apartment must include the following information:

• date and place of drawing up the contract
• full information about the seller (sellers) and buyer (buyers): full name, place of residence, date of birth, description of passport data, documents of the legal representative (if children, incapacitated, or partially capable persons are involved in the transaction)
• that the seller expresses his will to transfer ownership of the apartment to the buyer, and the buyer to pay its cost
• full description of the apartment, as indicated in the cadastral passport (name, address, area, cadastral number, floor, number of living rooms, etc.)
• information about the state registration of the seller's right
• cost of the apartment, terms and procedure for payment
• about the absence of debts, encumbrances and arrests
• on consent to the transaction on the part of legal representatives, spouses
• the fact that the layout of the apartment corresponds to its actual condition
• about the absence of registered persons
• that outsiders have no claims and the apartment is not the subject of a legal dispute
• on approval of the transaction by the guardianship authority (if the owner is a minor/incompetent)

Typically, the following list of documents for the purchase of an apartment is submitted to the registration department or MFC:

1. statements of the parties about state registration of the transfer of ownership of an apartment (a realtor will help you draw up such documents, or you can find samples to fill out on the Rossreestr website, or an MFC specialist will fill it out himself)
2. receipt for payment of state duty
3. purchase and sale agreement with acceptance certificate (three copies)
4. cadastral passport
5. consent of the seller’s spouse (notarial)
6. parental consent (if the transaction involves a child aged 14 to 18 years)
7. permission of guardianship (if the seller (one of the sellers) is a minor)
8. passports of all persons involved in the transaction

It may be necessary to provide additional documents when purchasing an apartment, if this is due to the individual nature of the transaction. The registrar receiving the documents will report such documents.

Submitting documents to the registration department and paying for the apartment

It is better to sign documents and transfer money for an apartment in the presence of a registrar at the registry office or a notary (if the contract is certified by him).

Do not forget to receive a receipt from the seller confirming the transfer of money and the absence of claims for payment (drawn up by the seller himself in one copy in free form).

If the money is transferred before the documents are submitted to the registration office, the seller may not appear at the registration office to register the purchase and sale of the apartment or otherwise delay or even refuse to complete the transaction. And even if there is a receipt for the transfer of money, getting it back will be problematic and, perhaps, only through the court.

In the case when the transfer is carried out after submitting documents for registration, then by virtue of the law the apartment will be mortgaged by the seller. Afterwards, additional difficulties will arise in repaying it. True, the contract can indicate that a mortgage does not apply by force of law (but sellers do not agree to such a condition).

Therefore, stick to the golden mean - transfer money when submitting documents.

When an apartment is bought with credit money, the bank most often makes payments to the seller. The apartment will be pledged to the bank. The bank will first put forward its requirements for the preparation and list of documents for the purchase of an apartment and subsequently approve them. Bank representatives will participate in registration. The transaction will be controlled by the bank’s lawyer, so there will be no problems with the preparation of documents for the purchase of an apartment and their registration.

After handing over the documents, a receipt from the registrar (MFC specialist) is issued. It indicates the date of receipt of the completed documents.

By the specified date, you need to come to the registration office and pick up the certificate and supporting documents for the apartment. From this moment you become a full owner of the home.

Peculiarities of execution of transactions in various life situations

When is a notarized transaction required?

The purchase and sale agreement for an apartment is drawn up in simple written form and signed by the parties. Under normal circumstances, this is enough to successfully complete a transaction and undergo state registration of ownership of the buyer.

However, the law requires that the purchase and sale agreement be certified by a notary in the following cases:

• When selling a share(as well as in case of donation, exchange, etc.) in an apartment to absolutely any person, regardless of whether the acquirer is a relative or a stranger, another shareholder or an outsider (not one of the co-owners);
• When the seller (owner) of the apartment is a minor (a child under 18 years of age). If the child is not more than 14 years old, then on his behalf the transaction is carried out (depending on the family situation) by:
  • parent
  • adoptive parent
  • guardian

  If the age of a minor is from 14 to 18 years, then he makes the transaction independently, but subject to written consent:

  • parents
  • adoptive parents
  • trustee

  In any case, written consent to the transaction from the guardianship and trusteeship authority is also required.

• If the owner of the apartment is a person under guardianship or trusteeship (incapacitated, partially capable). To conclude a contract, prior permission from the guardianship is required. On behalf of the seller in the transaction the following acts:
  1. guardian (if the owner is incapacitated)
  2. the owner himself (if he has limited legal capacity), but with the written approval of the trustee

Where is the contract certified?

The purchase and sale is certified by any notary operating in the region in which the apartment being sold is located.

It is advisable to contact a notary office located in the same locality where the apartment is located.

Even if notarization is not required by law, it is still better to resort to the services of a notary, it is much more reliable and calmer.

What is the procedure for certifying a contract?

The buyer and seller must come together to the notary and present to him:

• passports of the buyer, seller and his legal representative (if he is involved in the transaction);
• draft purchase and sale agreement (not signed). In most cases, notaries draw up an agreement themselves (using their own template), but they still need to see the draft, since it contains all the terms of the transaction that must be reflected in the text of the agreement;
• documents for the apartment (certificate of ownership/extract from the Unified State Register, foundation documents, cadastral passport). The notary can order the extract and cadastral passport independently, but to make the work easier and faster, you can submit it yourself;
• consent of interested parties and permission of the guardianship authority (if required);
• notification to the remaining participants in the common shared ownership of the sale of the share and waiver of the pre-emptive right to purchase (if any) - this clause applies to cases of sale of a share in the apartment;
• other documents (depending on the individual situation).

The notary explains the meaning of the transaction and the consequences of its conclusion. Checks its legality. And in the absence of any legal barriers, it certifies the agreement with a special inscription and a mark in the notarial documentation (journal, register, electronic database).

How much does it cost to certify a contract (2018)

• If the parties to the agreement are relatives to each other (spouses, parents, children, grandchildren, grandparents), then the price of notary services varies as follows:
  • with a contract price of up to 10 million rubles. payment is: 3000 rubles plus 0.2% of the sale price;
  • over 10 million rubles. payment: 23,000 rub. and 0.1% of the price of the purchase and sale agreement exceeding 10 million rubles.

  The cost of services cannot exceed 50 thousand rubles.

• When the parties to the contract are not relatives, the prices for services are as follows:
  • at a price of up to 1 million rubles. payment: 3000 rub. and 0.4% of the sales price;
  • if more than 1 million rubles, then - 7000 rubles. plus 0.2% of that part of the transaction amount that exceeds 1 million rubles. For example, the contract is certified, the price of which is 2,500,000 rubles. The cost of a notary service will be 10,000 rubles. (7000 + 3000 (1.5 million x 0.2%));
  • over 10 million rubles. payment is calculated: 25,000 rubles plus 0.1% of the amount exceeding 10 million rubles.

  The upper payment limit is RUB 100,000.

• In case of mandatory (by law) notarization of a purchase and sale agreement, a state duty is charged in the amount of 0.5% of the estimated (market) value, but not less than 300 rubles. and no more than 20,000 rubles.

The notary takes into account the amount of the contract specified in the text of the project. But if this price is lower than the cadastral price, then the notary calculates the service based on the cadastral value of the apartment.

The notary also charges a tariff for technical and legal services ranging from 2,500 to 5,000 rubles.

State registration

You can submit documents for registration yourself:

• to the RosReestr department
• to the local MFC

The procedure for submitting documents and their list is described above. You can also ask the notary who certified the transaction to hand over the documents for registration and get them for you. For this you additionally need:

• provide the original of the state registration fee paid on behalf of the buyer;
• pay for notary services. Cost – 1000/1200 rub.

After this, the notary independently organizes the delivery and receipt of documents in RosReestr.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

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You must agree that buying real estate is not the easiest thing, especially for the first time. The agony of choosing the perfect apartment is combined with many questions about the registration procedure. There is a desire not to waste time, energy, and most importantly, your own money. Sound familiar?

the site will sort out all possible risks and tell you how to check the cleanliness of an apartment when purchasing.

Purchasing an apartment on the primary market

The primary market includes apartments in buildings under construction. They have not yet had an owner, moreover, they do not exist as a material object. Because of this, the buyer’s main risk is that the developer will not build and/or put into operation the property.

On the other hand, such a “new” apartment has a number of advantages in terms of risks:

• there is no need to check her history;
• there is no risk of illegal redevelopment;
• it is easy to obtain information about the seller, i.e. about the developer.

So, you are paying money for a “pig in a poke”, and therefore you are dependent on the developer. That's why it's so important to choose it correctly. Details on how to do this The key point is to first pay attention to the formal data of the company: history, financial statements, delivery dates of previous construction projects.

Yes, there is no 100% guarantee against postponement or freezing of the construction of a residential building. But it is possible to minimize the risks. An alternative is to buy housing on the secondary market, that is, from the owner.

Buying an apartment on the secondary market

On the secondary market, a property is not “ghostly”, but quite real. Therefore, the risks associated with the transaction are very diverse.

Most cases of customer fraud occur in the secondary market. Learn more about popular types of fraud

All the main risks when buying an apartment on the secondary market can be divided into several groups. Let's look at each in more detail.

Risks associated with the identity of the seller

Risks associated with the rights of others

Risks associated with the property

How to find out the history of an apartment

With the advent of the Unified State Register of Rights, and then the Unified State Register of Real Estate, it became easier to verify the legal purity of an apartment before purchasing.

You can obtain several types of statements from the registry, including:

• about real estate objects;
• about the owners of real estate;
• on the emergence, change and termination of rights to real estate;
• on the cadastral value of the property.

How to get an extract? The simplest information – about the property – can be found in electronic form on the official website of Rosreestr. It is available to anyone. For others please contact:

• branch of Rosreestr or cadastral chamber.

Thanks to the extract, you can minimize the chance of buying an apartment with a bad history.

Another important document is an Extract from the house register, also known as a certificate in form No. 9 or a Certificate of Registration. It contains information about currently registered and deregistered individuals. Only the owner or registered person can receive it.

Where to get it?

• in the MFC;
• at the territorial branch of the FMS;
• in a housing maintenance institution.

How to check the legal purity of a purchase and sale transaction

If you have made sure that there are no problems with the apartment, then do not rush to relax. You need to check the legal purity of the transaction when purchasing an apartment. Remain vigilant during the signing of the purchase and sale agreement.

What kind of contract must be in order for it to have legal force? The law establishes a mandatory form - written in the form of a single document signed by the parties. You will need three copies: for you as the buyer, for the seller and for Rosreestr.

In addition to the form, the content of the contract is also important. Make sure it contains the following:

• information about the parties to the contract: the seller and the buyer;
• information about the subject of the contract, i.e. about the apartment itself;
• the direct obligation of one party to transfer the apartment, and the second to accept it and pay the price;
• information about the price and payment method;
• a list of persons indicating their rights to use the residential premises being sold, if any.

When buying housing on the secondary market, you need to be more careful about checking the documents for the apartment. Having bought real estate and not checked all the documents, there is a high probability of getting problems with the debts of the previous owner, or worse, having to share your property with strangers. We will look at how to avoid such situations in this article.

Most often, due to the buyer’s carelessness, transactions are carried out, which result in the purchase of real estate encumbering the rights of third parties. To prevent this from happening, it is proposed to carry out a number of measures and purchase an apartment “from hand” with minimal risks for the buyer. Read below about how to do this.

What to check before buying an apartment

It is better to check the legal purity of the residential space you like by seeking the help of a lawyer specializing specifically in real estate issues. Curiosity and perseverance in these conditions will help you buy a clean apartment, and by being too lazy to check all the information, you, as a buyer, are risking your money.

First, pay attention to the following points before checking the apartment according to the instructions.

1. The seller must have all documents certifying ownership of the property:

• Contract(s) of basis for each owner and certificate(s) of ownership;
• Passports: cadastral and technical. Both passports must be present; if at least one is missing, the seller is obliged to re-order it.

• prisoners serving time;
• military (conscripts);
• children who are in educational institutions;
• people in nursing homes;
• citizens undergoing treatment at a psychiatric dispensary.

• Does not appear in legal proceedings;
• Absence of rent - there is no agreement under which, after the death of the owner, the apartment becomes the property of the renter.
• No arrest. If the court has seized an apartment for non-payment of utility bills or a loan, then such real estate can be sold only after the seizure is lifted. That is, pay off all debts.
• There is no deposit. If the apartment is mortgaged and is pledged to the bank, then in order to sell it you must first obtain the bank’s consent, repay the loan and remove the encumbrance in Reg. ward
• Not rented. You need to be more careful with this point. The owner can sell the apartment, but the tenants, according to the agreement, can live in it until the end of the contract.

Check the legal purity of the apartment when purchasing it

Above was a list by which you need to check the legal purity of the apartment you are buying. The seller must have almost all documents before selling.

Fraudsters often come up with excuses and try to stall for time. If, allegedly due to forgetfulness, inattention, or busyness, the seller does not provide the required package of documents, do not rush into the purchase. It's better to be overcautious than undercautious.

Consent of spouse

If the property belongs to a husband and wife (bought during marriage), then the consent of both parties to the sale is required. It should not be stated orally; ask for notarized consent from one of the spouses.

An exception may be a family that has a marriage contract that states who owns the apartment.

Let's look at the history of transactions with the apartment being purchased

In order to check the history of transactions with an apartment, you need to take an extract from the State. register about the history of transactions. This procedure is performed by the real estate seller or his authorized representative. Such a document is taken from the MFC or the Registration Chamber.

After receiving the extract, see if the apartment has been resold often. If yes, then you should be wary and check it more carefully by involving lawyers in the process.

We pay attention to the redevelopment

Checking the redevelopment will not take much time. There is no need to involve specialists in this process; it is enough to personally check the apartment plan with the existing one. Make sure all walls, designated doors and dark rooms are in place. This will be enough for verification.

If the sale of an apartment occurs under a general power of attorney

• Before the purchase itself, you need to go to the notary who made this power of attorney and check whether it has been revoked.
• Check the owner of the apartment for adequacy and capacity. At the slightest suspicion, ask for certificates from a psychiatric and neurological clinic. The seller must not be registered with any of the establishments. If he still resides there, then he must accordingly have a guardian, who must provide certificates from the guardianship and trusteeship authorities about consent to the sale of the apartment. Otherwise, the transaction is considered invalid.

Check the availability of registered and temporarily discharged

Before the sale of the apartment, all registered persons must be discharged, otherwise, even after a change of owner, they have the right to live in the premises with the new owner. Such citizens can only be discharged through the court.

How can I check this? The seller must take a certificate from the passport office indicating the presence of registered citizens.

How to check temporarily registered persons in the apartment being purchased? This point is more sensitive and requires special attention. Contact the passport office together with the owner and find out if anyone has been discharged not to their new place of residence, but to a mental hospital, prison, or educational institution. If the answer is yes, then you should refuse the deal, since upon returning, these persons have the right to live together with you.

If you are in doubt, you can check those temporarily registered in the apartment in another way - using a receipt for utility bills. It usually indicates the total number of registered ones. Therefore, before the transaction, this amount must be equal to zero.

Hereditary apartment

If the transaction occurs with an inherited apartment, then you need to contact the notary who handled the case. He must confirm in writing that other applicants for the property have refused and the apartment has only one active heir.

Consent of spouses

If the family purchased the apartment during marriage, then you should ask for a notarized application from the second owner for consent to sell.

Such a statement will not be required if the spouses have drawn up a marriage contract that clearly states the clause on separate property.

How not to buy an apartment with debts

An honest seller should sell the apartment without debt. To do this, he must pay off all utility bills, electricity and gas.

In order not to buy a home with debt, go with the seller to all the organizations described above and get certificates of debts for the last months. Without completing this procedure, the housing office will not stand on ceremony, but will demand debts from you. This situation can be resolved in court, but the money and time spent are not worth it.

It happens that the owner cannot pay off his utility bills. This situation is resolved by drawing up a deposit agreement. In which the amount of debt is indicated and goes towards payment of debts.

The purchase and sale agreement states that the owner has paid off all debts and if any hidden payments come to light, the previous owner will have to pay for them.

In conclusion, I would like to note the following. Watch the seller, see if he is trying to hide a meeting with neighbors, if he is meeting your wishes. Does he invent excuses for providing this or that document?