How NOT to LOSE HOUSING after purchase??? - News about real estate, Kiev, Kyiv region. Real Estate In Ukraine
Real estate transactions require special care and diligence. When buying an apartment is important not only thorough checking of all documents. It is also know in advance under what...Real estate transactions require special care and diligence. When buying an apartment is important not only thorough checking of all documents. It is also know in advance the conditions under which your transaction may be deemed invalid.Situation 1. Sold the apartment was privatized in violation of the rules. For example, were not taken into account the rights of minors.What is the threat: If an interested party files a lawsuit in court, there could invalidate the certificate of privatization, then the transaction itself. In the end, you have to move out of the apartment, and the seller will be obliged to return you the money.How to avoid: to avoid risk, a thorough check of all family members of the seller during the period prior to privatization. Find out if he has minor children, elderly parents, as well as the place of their actual residence and registration," advises Julia Kurylo, partner of the law firm YUST Ukraine.Situation 2. One of the spouses sold the apartment without the consent of the second.What is the threat: most Likely, as in the previous situation, you will have to take their money and free housing. But instead of invalidation of the transaction of purchase and sale, the court may recover half the cost of the apartment in favor of the injured spouse.How to avoid: "If the apartment was bought by the spouses during the marriage, then when the sale notarized consent of the other spouse to sell it" вЂ“ drew the attention of Eduard Bagirov, Chairman of the International League for the protection of the rights of citizens of Ukraine. So if you buy a house by the divorced person, be sure to request this document.Situation 3. To evade taxes, the apartment is sold under the guise of gift or understate the true amount of the sale in the contract.What is the threat: the Court will oblige the buyer to return the apartment, and the seller is to give him the money. But, since the contract specified the distorted data, the buyer will receive either the amount specified in the contract, if any, will be left with nothing.How to avoid: At the conclusion of the transaction in the contract must indicate the real market value of the apartment or house.Situation 4. The sale of the apartment were forged documents, signatures, provided some documents.What is the threat: the Court will require each party to return what they received during the transaction. If the seller will not have money to return to the buyer, his property may be charged a penalty.How to avoid: the False signature or forged paper, the court usually sets with the help of expertise. Ordering expert examination (for example, title documents or signatures on the consent of the former husband/wife) before signing the contract, you can protect yourself. Also does not hurt to consult with a lawyer who tells you the complete list of documents for registration of the transaction.Situation 5. The man who sold the apartment, was mentally ill, a drug addict or an alcoholic.What is the threat: Legal representative (guardian) of such person may file in the court the claim about a recognition of the transaction void. The buyer will have to return the apartment, and the seller money. But in the interests of disabled citizens, the deal may be on request of his guardian, the court recognized as valid if it is made for his benefit.How to avoid: to Identify incompetent seller possible, talking with neighbors or upon inquiry by the relevant authorities. If you find that this person participated in previous transactions with this apartment (bought it), then have a chance to defend their rights in court.Situation 6. The apartment is registered to the person who is in jail, is in a nursing home.What threatens: If this person is the owner of the apartment and will argue in court about their rights, you acknowledge illegally universes face and make you leave. Man, just registered as a member of the family, also have a chance to defend their rights in court.How to avoid: As in the case of privatization, you need to carefully check all family members of the seller, their actual place of residence and property rights. If you learn that someone is prescribed in a nursing home or prison, ask to see the permission of the Trustee or representative. Also demand from the seller a notarized consent to sale of all owners.Situation 7. The deal made children under 14 years of age without the consent of the guardianship authority, or children from 14 to 18 years without parental consent.What is the threat: If the child is under 14 years old, the transaction will immediately invalidate вЂ“ you'll be forced to return the apartment and return the money. If the sale took place according to the documents of the children from 14 to 18 years, then its right to the purchased apartment, you can defend.How to avoid: In practice, of course, 10-year-old seller of the apartment will meet not often. But the kids apartment could be inherited. It is important that its sale was engaged in a legal representative and not an imposter. "Minors to commit such transaction must be notarized written consent from a parent or guardian, and the permission of the guardianship," says Julia Kurylo.