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What you need to know before buying an apartment

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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 20.05.2024

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                                                Buying a home is a serious business            

   

    To decide on a choice, you should first determine your needs and capabilities. Consider factors such as location, size and type of accommodation, budget, infrastructure, accessibility to work, schools and other services. It is also important to conduct a thorough analysis of the real estate market and consult with specialists. This will help you make a choice that will meet your needs and ensure a comfortable stay.

   Legal inspection of real estate before purchase is an important stage that helps to avoid legal problems in the future. Here are the key steps to follow when inspecting a property:

  

                                                     Verification of title documents


1. Certificate of ownership or other document confirming the seller's ownership of real estate (purchase agreement, donation, inheritance certificate, etc.).
2. An extract from the State Register of Property Rights to immovable property, which confirms the registration of the seller's ownership right.
3. Technical passport for the real estate object, which contains information about the layout, area and technical condition of the real estate.

  

                                                Check of encumbrances and restrictions


1. Extract from the State Register of Property Rights to immovable property regarding encumbrances (mortgages, arrests, lawsuits).
2. Certificate from BTI on the absence of debt for communal services.
3. Checking the existence of other restrictions, such as easement, the right of lifelong residence of other persons, etc.

  

                                                                    Seller verification


1. Seller's documents (passport, identification code).
2. Verification of the seller's authority (if a representative sells, a power of attorney is required).
3.Checking the marital status of the seller (if the seller is married, the consent of the spouses is required for the sale of real estate).

   

                                                              Property history check


1. Studying the chain of previous real estate transactions to make sure there is no fraud or invalid transactions.
2. Check for inheritance rights and possible disputes with other heirs.

    

                               Verification of intended use and compliance with legislation


1. Verification of compliance of the real estate object with the target purpose (whether the use of the object corresponds to the permitted parameters).
2. Study of the general development plan and the territorial community plan for possible changes that may affect the future use of real estate.

 

                                                  Verification of the contract of sale


1. Legal examination of the draft sales contract: it is necessary to make sure that the contract includes all the necessary conditions, complies with the law and protects the interests of the buyer.
2. Notarization of the contract: the contract of sale of real estate is subject to notarization.

   

                                                    Verification of financial aspects


1. Verification of the value of the object using an independent assessment.
2. Coordination of settlement terms (order and terms of payment, availability of prepayment, guarantees).
 

Recommendations
Consultation with a lawyer: engagement of a qualified lawyer to check all documents and terms of the agreement.
Adherence to procedure: careful compliance with all legal and procedural requirements will help avoid risks and ensure the security of the transaction.

    Legal inspection of real estate before purchase is important for confidence in the legal purity of the object and protection of the buyer's interests.

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