Buying an apartment with a registered person: features, documents and recommendations

Buying an apartment with a registered person is a deal that is not as easy to implement as it seems. This process has some pros and cons. If you are imprudent in concluding a contract of sale, serious problems may arise in the future for buyers. That is why the mentioned category of transactions requires special care. What you need to know about her? How to buy an apartment in which someone is registered, without any particular risks?

Risk and temptation

In fact, everything is pretty easy. Especially if the transaction is planned with a bona fide seller. In this case, the sale almost has no negative sides. Only in practice it is impossible to predict which seller a potential buyer will contact.

Buying an apartment with a registered person is always a risk. At the same time, some people are eyeing just such a property. The thing is that it is often sold with good discounts. And therefore, some negative aspects of the transaction are not taken into account.

Selling real estate - a reality or a myth?

Is it possible to sell an apartment with a registered person and how to do it? Answers to these questions will be surely found below. Based on the previously proposed information, it follows that such transactions are a reality. They really have a place in practice.

Often, for a successful and relatively quick sale of housing in which someone is registered, people turn to real estate agencies. Intermediaries help in finding clients and accompany the transaction. This allows you to slightly secure the procedure for re-registering real estate for new owners.

What is the danger

It is difficult to predict what threatens the purchase of an apartment with a registered person. Much depends on the specific situation and life circumstances. Sometimes this phenomenon does not cause trouble to new homeowners. But most often, buyers are faced with a number of negative consequences.

Which ones? The consequences of buying an apartment with a registered person can be different. For example:

1. The person registered in the apartment will return to the housing and will interfere with its new owners.
2. A registered person can register their minor children in the property.
3. Without a doubt, the new owners will face increased bills for housing and communal services (in the absence of counters).
4. It is problematic to get the children of other people out of the apartment. In the meantime, minors are registered at one or another address, their legal representatives can live with them.

It is often possible to court adults to get adult residents out of an apartment. But this is a loss of time, effort and money. In addition, the courts are not too active in cases related to the registration of citizens.

Pros of the deal

Buying an apartment with a registered person is not only a risk, but also some advantages. As already mentioned, in practice, such property is usually sold at competitive prices. So a person will be able to get their own housing.

Writing out an adult after registration of ownership of the apartment is not difficult. Therefore, you can save on the purchase of housing.

In some cases, people registered in the apartment allow the family to queue for better housing conditions. This is possible if the housing area is too small.

How to find out about registration

Before you buy any apartment on the secondary, you need to find out if there are registered citizens in it.This can be done using a special extract from the BTI. It is issued to the owner of the premises.

It is recommended that you request an extended statement from the seller. It will indicate all temporarily discharged from housing for one reason or another.

If the seller refuses to present the relevant document, it is worth considering his good faith. It is better to refuse such transactions right away.

About statement

Did you buy an apartment with a registered person? How to write out unwanted residents in this case?

It has already been said - go to court. In Russia, it is allowed to write out tenants from the territory of the apartment when changing the owner. The exception is minor children.

To discharge a person from the apartment, you must:

1. Collect documents for the operation - a certificate of ownership, a contract of sale, an extract from the Unified State Register, a certificate from the BTI, a passport.
2. Write a lawsuit about the eviction of former residents.
3. File a lawsuit. All the listed documents must be attached to it.
4. Wait for a court decision. If the answer is yes, you must contact the FMS and submit a request for the discharge of the undesirable person from the apartment.

In fact, the issue is resolved very easily. But when buying a home, buyers prefer to keep an eye on real estate without burdens in order to drop into a new apartment and live in peace there.

Exceptions to the Rules

What else do you need to remember? Not all tenants can be easily discharged from the apartment.

Who is able to deliver a lot of trouble to the new owners of the apartment? It:

• minor children;
• people who have refused privatization for someone else's benefit;
• citizens with whom an annuity contract is concluded;
• tenants of real estate;
• people receiving loans.

All the rest, as we have already found out, can be written out without problems by a court decision.

Transaction

How is buying an apartment with a registered person? In general, this operation is no different from the registration of the sale of property in which there are no residents.

The algorithm of actions will be as follows:

1. The seller collects documents for the sale of property.
2. Draws up a contract of sale.
3. The buyer prepares the money, their documents and studies the issues related to the presence of encumbrances in housing.
4. The contract is signed and the money is transferred to the seller.
5. The buyer is issued an extract on the receipt of funds for real estate.
6. The ownership of housing is formalized.
7. There is an extract of excess tenants. Voluntarily or in court - this is not so important.

It is recommended to discuss in advance with the seller all the features of the discharge of citizens from the apartment. Sometimes this phenomenon is temporary - people just need time to find a new home. Therefore, the transaction is not always studied dangerous.

Preparation of documents

Features of buying an apartment with a registered person have already been studied. Now you can examine the list of documents required for a successful transaction.

The seller will need:

• passport;
• the consent of all homeowners to the transaction;
• extract from the Unified State Register;
• certificate of ownership of the property;
• extract from the BTI (preferably extended type);
• Marriage certificate;
• cadastral passport of real estate;
• a contract for the purchase and sale of housing;
• permission from custody of the transaction (if minor owners appear in it).

Buyer enough ID. He will study all the documents for the apartment, make sure the seller is in good faith and conclude an agreement with him. After signing the relevant document, you will need to contact the Rosreestr to register ownership of the property.

Overseas residents

Sometimes it happens that a person is registered in an apartment in Russia, but he lives abroad. In this case, it is proposed to act as follows:

• issue an extract through the consulate of the country in which the person lives;
• file a lawsuit and forcibly discharge a citizen;
• to obtain notarized consent from the person for discharge from the apartment.

In fact, it is better not to mess with such property. After all, buying an apartment with a registered person living abroad is a huge problem in the future.

Summary and Conclusions

From now on, we understand how to act in a particular case. Buying an apartment on a mortgage with registered people is not the most dangerous transaction, but it has certain risks. They must always be remembered.

Experts recommend agreeing to such a step only as a last resort. Or conclude these transactions with well-known people. Otherwise, buying an apartment will result in serious consequences. And no court will help get rid of unwanted residents.

Yes, such people will not be able to dispose of the apartment, but they will have the right to reside in one or another territory. This must be remembered first. Sometimes new outsiders in every way interfere with the normal life of the owners of the apartment. This is a fairly common occurrence.

From a legal point of view, buying an apartment with a burden in the form of people registered in it is far from the most difficult and dangerous transaction. It has a number of its shortcomings, but if minors do not appear in the case, everything can be solved without much difficulty. Real estate in which children are registered is better not to buy, even if the price of the property is very attractive.