How to avoid problems while buying

Legal mistakes could acknowledge the transaction invalid what will be very unpleasant for the buyer. That is why it should be done very careful in estimation of documents for a plot and checking their originality. In some cases it is necessary to get a permission of the wife/husband. Besides, it would be good to check legal capacity of the seller, presents the rights of third parties on plot. It is hard to complete the deal without deep knowledge. Given jurisdictional minimum helps to look about in land question.


There are a lot of variants of “land” cheating at present time. For example, someone shows the plot to the buyer, he likes it and then buys. And while construction of the house it is found out that he bought the plot which is in several mils from that which he was shown. To avoid such situations, buyer should know just simple schemes of fraud and ways of protection.

While concluding the contract purchase and selling the land you should learn other documents of the deal. First of all you should check title documents, particular state act for the right of property. In state act should be written an address of the plot and name of the agency which gave it. Also it should have a plan of plot and neighbors who sign this document. Also it is necessary to compare documents with cadastre, look at the scheme of the plot, and compare its plan with real location. If you have doubt that square does not refer to the measurements in the document it is better to measure it one again. Buyer has a right for it.

Cheat could be concluded also in documents which are formed wrong, because the owner of the land has only state act. Other permissive documents which are signed for example, by other people who do not have right for it, stay in land use planning agencies. As a result, the notary certifies the contract of purchase and selling by not correct forming documents. If the buyer doubt in legality of documents, buyer should go to the correspondent agencies, and write the application form where he should write an address of the plot and who is the owner. Moreover, he should ask for the original copy of state act and confirm the size of the plot, does it corresponded to this which is written in the act.


While conducting the purchase and selling contract of the plot, you should pay attention for correspondence document with legislation demands. In Land code is shown what this contract should contain:

- names of parties;
- type of the contract (purchase and selling);
- subject of the contract (description of the plot);
- document which confirms seller’s right of the property for the plot;
- information about absents the forbiddance for disposition of the plot;
- information about presents or absents of limitations for plot usage by target purpose;
- price of the contract;
- duties of parties.

In contract should be written the order of payment, expert estimation of the plot, responsibilities of parties, cases of stopping work of the contract. Besides, parties of the contract do not have right to change a target purpose and the usage of a plot and also other necessary demands which foresees by law. While selling the plot by wife/husband it is necessary to get a written agreement by other, if plot was bought in time of marriage. It will be preferably, if seller gives documents about absents of debts for land payment.

In spite the fact that transference of the plot according to the purchase and selling contract stop the competence of the previous owner, rights and duties of third parties could be valid. Here goes pledged duties (including mortgage), rent and other limitations and impairment.


Notary certificate and state registration of the contract is carried out by notary by the location of the plot. Before certification the deal notary check all documents which confirm right and legal capacity of parties (passport, letter of attorney), state act for the right of the property, presents of rights of third parties for the plot and other necessary documents.

After notary certification and state registration of the contract it is necessary to go to the local agency of land resources for registration of the rights of property for the land and receiving new state act for the name of buyer (new owner).

It is necessary to remember that before receiving the state act it is forbidden to use a plot. Moreover, without state act it will be impossible to get a permission of local council for construction on this plot.


To avoid any opportunity of cheating while concluding the contract, lawyers advise to go to their colleagues who are specialist in land right. They will check the forming of the documents, will learn the history of the plot, make all necessary inquiries and give a consultation as to the particular plot.

If after closing transaction will find out that documents were forming incorrect, buyers should write an application form to the court for recognition the contract invalid. In a court order the contract is discussed and acknowledge invalid. The buyer has a right to return all paid money and also receive some sum for moral damage. Usually, courts satisfied such suits. In case when it is small breaches, for example, if plans of the plot do not coincide for several sq. ft. then buyer needs to write an application in cadastre center which gave this state act and enclose to it purchase and selling contract and other documents.