Apartment owned less than 3 years, how to sell? Buying an apartment: risks

Buying an apartment is an important moment in the life of every person. This investment is not only large, but also exposed to a certain risk. "The apartment is owned less than 3 years" - such ad headlines are very common today. Most people do not understand why the seller indicates such details in an ad. How to avoid mistakes and buy an apartment without risk? To do this, you need to familiarize yourself in detail with all the formalities and conditions of purchase and sale.

Safety rules when buying a property

The risks associated with acquiring an apartment are very high today. How not to fall for the deception of a realtor and seller? How to protect yourself during the purchase and sale of residential premises? A potential buyer, in order not to be deceived, should pay attention to such details as the history of a residential property, documents for an apartment, applicants for housing, compliance of housing with documents.

Before processing the purchase documents, you need to study the history of housing in detail. You should know the answers to a number of questions:

• who is the owner of the apartment now;
• who was the owner before;
• who is registered in this apartment;
• how many unregistered residents live.

As for papers, before registration, it is necessary to carefully study the documents for the premises. Very often scammers use fake documents.

In addition, the buyer must be sure that he is acquiring the apartment legally, and the housing must comply with the documents. For example, here are some clarifying questions that should be asked to the owner if the apartment was reconstructed: “Was the redevelopment of the apartment legal?”, “Managing services agreed to transfer communications?”.

Necessary documents for the apartment

Buying an apartment is a serious transaction, therefore it is important to be aware of the necessary package of documents when drawing up an agreement. Most buyers think that all questions on the sale can be transferred to a real estate agent. It must be remembered that he does not bear financial and legal responsibility for signing the transaction. A real estate agent only provides information services.

Apartments can usually be primary or secondary. During the purchase in a new building, the client can purchase housing already in the rented house or participate in shared construction. The procedures for buying a home in an already commissioned new home and the procedures for acquiring housing in the secondary market are the same.

If the client participates in shared construction, then first they enter into a shared participation agreement (DDU) with him, and after the construction of the building, the buyer draws up the right to property. In order to register a DDU, a client is required to:

• application (application form can be obtained on the spot);
• agreement DU;
• check on payment of state duty in the amount of 100 rubles plus a copy of the check.

Pitfalls when buying a property

During the sale, the main goal of the seller is to earn as much as possible on the transaction. In order not to purchase housing that will not match the price, you should beware of commonplace mistakes. Common mistakes during the purchase:

1. Buying an apartment in a hurry. There is no need to rush about this issue, and at least ten options should be considered before completing paperwork.
2. The acquisition of housing in the summer. In order to identify room errors, you need to consider options in the fall or winter.Then you can understand how well the room is heated, whether the roof is leaking, check the walls for mold.
3. Windows and view from them. You need to pay attention to whether there is a construction site or a noisy highway under the windows.
4. Redevelopment of the room. To avoid problems with the law, the apartment plan must comply with the BTI passport.
5. Power supply premises. According to the laws of the Russian Federation, in order to transfer the sockets, the owner must have a project for power supply of a residential facility.
6. Inspection of housing in the evening. Experts advise inspecting housing during the day to see all the errors of the room.
7. Refusal of the help of a lawyer. When buying a property you must use the services of a lawyer. This will help to avoid problems in the future.

Possible methods of fraud during the purchase and sale of accommodation

How to protect yourself and not get into a scammer? Today apartment swindlers work according to such schemes:

1. Multiple home sales. During such a transaction, fraudsters give false documents and require full payment after registration by a notary.
2. Selling someone else’s apartment. The crooks are preparing an untruthful package of documents for a rented apartment and trying to sell it.
3. Advance payment. The swindler demands an advance from the buyer, after which the swindler quickly disappears.

In order not to fall for deception, you must follow some recommendations:

1. You must conclude a sales contract in the presence of a lawyer.
2. It is necessary to ask for all copies of the signed documents of the owner of the apartment.
3. Before signing the contract, you should learn as much as possible about the owner.
4. The buyer at the time of conclusion of the contract has the full right to make changes. If the seller will prohibit the introduction of changes, then such a contract should be waived.
5. At the time of the transaction, two persons must be present. They can be witnesses in court if any problems arise.

Buying a home that is owned for less than 3 years

Selling an apartment for less than 3 years in the property is due to the conditions and procedures that are prescribed in article 220 of the Tax Code of the Russian Federation. If the cost of housing is more than one million rubles, then the law requires the seller to pay income tax on the sale of housing. If the apartment for sale is owned less than 3 years, the tax is thirteen percent of the total cost of housing.

Many sellers may try to outwit the law and not pay the due tax. They offer the buyer to sign an agreement in the amount of less than one million rubles and pay the missing part informally. Such deals should not be accepted, as you can get yourself into big trouble. For example, the seller can terminate the contract of sale, and during the court session the seller will be returned the apartment, and the buyer will receive the money specified in the contract. If the apartment has been sold for less than 3 years in the property, the tax must be paid by law. Otherwise, it will result in legal punishment.

Typical risks

Buying an apartment less than 3 years in the property can lead to great risks. There are several reasons for concern:

1. A donated apartment of less than 3 years in the property may return to the owner back if no more than three years have passed from the moment of donation.
2. The contract may be canceled if minors or legally incapable persons are registered in the apartment.
3. It is not possible to receive a tax deduction from a residential property if the apartment is owned less than 3 years.

Such risks are possible, but not in all cases. Today, an apartment owned less than 3 years, as a rule, does not bring with it problems and worries to the buyer. Although, of course, there are always exceptions. You can get into scammers, housing with debts or as collateral.

Risks during the purchase of housing by proxy

During the purchase of an apartment by proxy, there are risks. Three main threats:

1. The purchase of an apartment by fake power of attorney.
2. Alienation of property due to expired or revoked power of attorney.
3. The death of the owner, from whom the proxy acts. In this case, it is better to meet with the owner and agree that the buyer will be engaged in registration without an intermediary.

If there are several owners of the property, then it is necessary to obtain a written waiver from each owner.

What a genuine power of attorney should consist of

In order to verify the authenticity of the power of attorney, it should be checked for validity. A genuine document must indicate:

• Principal's passport data (name, date of birth, place of registration, series and passport number);
• data on the authorized representative;
• address of the alienated housing;
• the signature of the person who issued this power of attorney;
• certification inscription and notarial seal.

Risks during the purchase of property obtained through inheritance

The seller may be a person who inherited an apartment from another person. You need to know the nuances of such an inheritance:

• inheritance may pass along with debts;
• the inheritance may be transferred to the heir, being in a pledge; in such a situation, he does not have the right to dispose of the inheritance;

A few problems that may arise:

• filing a lawsuit in order to break the inheritance transaction;
• encumbrance of the apartment, for example, if a long-term lease was signed, then such an agreement remains legal, even if the owner changes.

Check for cleanliness of the apartment from the legal side

In order to protect yourself and not fall into the fraud of a fraudster, you must check the apartment for legal cleanliness. The new owner needs:

• learn about the timing of the entry into the inheritance right;
• contact the notary who executed the inheritance in order to prevent the appearance of other successors.

Challenging a transaction

There are cases when the buyer initiates the termination of the contract of sale. In accordance with the law (Article 450 of the Civil Code of Russia), a transaction can be canceled legally:

• if the seller has seriously violated the signed contract;
• in the event that the terms of the transaction are contrary to regulatory legal acts;
• in case of infringement of the rights of a third party (heir);

This issue can be resolved in two ways: by mutual agreement of the parties or in court, if one of the parties does not want to break the contract.

Exchange of an apartment owned less than 3 years

Housing exchange has become relevant today. Many people have questions:

• An apartment owned less than 3 years old, is exchangeable?
• Are owners required to pay tax at the time of exchange?

If the property has been in the possession for less than 3 years, then the owner is exempt from tax during the exchange of housing, claiming a tax deduction. This deduction just equals thirteen percent of the total housing.

But if the tenure exceeds at least one month, the owner must pay the state tax in order for the transaction to be considered valid and registered.

All laws of the Russian Federation on the exchange of apartments are prescribed in the Civil Code (article 567), and in article 217 of the Tax Code the tax amount for payment is indicated.