How to avoid dishonesty while buying a flat

How to avoid dishonesty while buying a flat

Find appropriate property, it is recommended to go to the experienced lawyer or qualified realtor, who makes legal support while buying property.

If you do it by your own, then you should be sure that seller is an owner of the flat, because only owner could manage the flat. That is why you should look at the documents which prove sellers’ the right of the property. According to the working legislation of Ukraine, flat (house) could posses to the seller on the bases of following documents.

1) Contract purchase and sell (deed of gift, exchange).
2) Certificate about the right of property, which is given by privatization agency.
3) Certificate about the right of property, which is given by local authorities and local administration.
4) Decision of the court, arbitration court about adoption the right of property for property.
5) Certificate about the right for inheritance which is given by state notary.

Moreover, the right of property for the flat (house) should be registered in BTI at the location’s place of property. The proof of this registration is registered note (print of BTI) on the other side of title document.

Also part of title document of the seller for the flat is a certificate-characteristic. The term of work this document is 3 months from the time of issue.

Certificate-characteristic gives an opportunity to find out such important moments as:

1) For who on the bases of whose right of the property for this object registered in BTI, address of dispositional object of property.
2) In which parts property belongs to the seller, if flat (house) belongs to several owners on the right of general share property.
3) Measurement of total and living squares of dispositional object of property.
4) Number of rooms.

On the preparative stage you should get acquainted with data of technical passport of the flat (house) and pay attention on coincidence of the number of the house/flat, numbers of total and living square. Data, which is written in title document and certificate-characteristic, should coincide with data from technical passport. With redevelopment of the flat, which you are going to buy, you should ask the permission of executive community for this redevelopment.

Additionally you should check presents (or absents) of third parties’ rights for dispositional flat (house) and also charge/heavy as for this property object.
It could be done in practice, checking the following:

1) Agreement of the owners (if there are such) and also agreement husband/wife for disposition of the flat. If owners of the flat are minors then we recommended checking the presents the permission from board of trustees for selling the flat. If seller has notary formed agreement of both parents for signing the contract by minors or they both sign it for their child, then you do not need the permission from board of trustees. However you should pay attention that it is contradict to the law of Ukraine “About the protection of childhood”.

2) Presents (absents) arrest/prohibition disposition of property. This procedure is made by notary while certify the purchase and sell transaction (in case if notary connects to the register of prohibition of disposition).

3) Presents (absents) debts of payment of utilities services and also services of some organizations (water, gas, telephone and etc.). Absents of debts of flat payment and utilities is proved by certificate from Housing Department or cooperative. You should check presents/ absents of the contract with living exploitation agency for servicing.
However, for today in the purchase and sell contract more often include an option about that at the moment of signing the contract in flat no one is registered.

4) Presents (absents) technical documentation for equipment which is in the flat (electric meters, meters of gas, water and etc.) and also contracts and pay books.

5) If the subject of the purchase and sell contract is a house then you should check presents (absents) debts of land tax payment and first of all grounds of such payment. The ground for payment the tax for land is State act for the right of the property, for land or contract for rent. Buying the house at the same time of concluding the purchase and sell contract, it is necessary to conduct transaction of purchase and sell of the plot.

According to the working legislation the transaction of purchase and sell a flat (house) is made by signing the purchase and sell contract both parties.
Necessary of this transaction is notary certificate and state registration of this transaction. For conducting purchase and sell transaction parties also should present following documents.

Seller should present documents:

1. Passport, identification code.
2. Letter of attorney for representative which is notary certified and his identification code.
3. Title document, certificate-characteristic, technical passport for dispositional object.
4. Written notary certificate agreement of husband/wife for disposition of the property object.
5. Permission from board of trustees for disposition of flat if owners are minors.
6. Certificate from Housing Department about that there is no anyone who registered in this flat.
7. Certificate from Housing Department about absents of debts of utilities and also certificates from supplying organizations (electricity, water and etc.)

Buyer should present following documents:

1. Passport, identification code.
2. Notary certified letter of attorney for representative, his identification code.
3. Written notary certified agreement of wife/husband for purchasing the object.
4. Payment document which proves the payment of gathering in pension capital fund 1% from the sum of the contract.

While conducting the transaction of purchase and sell the flat (house) is recommended to form the transference of the flat by signing the statement of release and acceptance. This statement is integral part of the contract as an appendix to it. Statement confirms the fact of transference by the seller and fact of acceptance by the buyer the flat (house) but not the transition of right of the property on it. According to the working legislation, the right of property for the flat appears by the seller from the moment of state registration such right in BTI.