The purchase of living space is a big headache, especially when it comes to buying an apartment from a legal entity. The risks of the buyer, in this case, are especially great, because there is a high probability of encountering scammers. What papers need to be collected for the transaction? What are the pitfalls and how to buy housing in a new building and in the secondary market? The answers to these questions are presented below.
Key Features
The main feature when buying a living space from a legal entity is its official status. In this regard, the procedure itself requires the alienation of real estate from all owners of the organization. In other words, if the owners of the company are several people, then each of them must agree to sell the property.
Since such a requirement is stipulated by applicable law, the purchase of real estate from a legal entity has its own difficulties.
- The buyer will face a more difficult transaction processing system.
- Both the buyer and the seller will need to collect a large package of papers.
What are the risks?
Any transaction is accompanied by the risks of buying an apartment. Real estate from a legal entity is particularly dangerous.
What are the main risks that can be identified when making such a deal:
- sale on fake securities;
- the legal entity has the right to terminate the transaction after its execution, by filing a lawsuit;
- the probability of financial fraud is high;
- the buyer can lose a lot in money.
To minimize all risks, it is necessary to carefully check all the papers and the housing itself before purchasing it. For help, it is better to contact a specialist. It is possible to involve a real estate agency, although in this case it will not work to save.
Acquisition of housing from a legal entity in a new building
This procedure is very common and is considered one of the simplest. A house just put into operation almost always belongs to a legal entity - a developer or a construction company.
Despite the routine of the transaction, you must be vigilant when buying an apartment from a legal entity. What risks can a buyer expect while acquiring a new building?
- Fake documents. When working with a developer or construction company, you must first carefully study all the documents and the necessary permits. Recently, more and more companies are working on fake papers.
- Lack of experience. Another risk that may lie in wait for the buyer. Before concluding an agreement with a developer or an insurance company, you need to make sure that the legal entity has already successfully commissioned the house before. It is better not to have business with inexperienced companies.
- Loss of money. You can transfer funds to a legal entity only after the contract of sale has been registered in the USRN. Money given before can be lost forever if it fell into the hands of scammers.
Buying a "secondary"
Buying an apartment from a legal entity in the secondary market, although a rarer operation than buying a new building, is less risky.
The main thing that the buyer should remember is the need for a thorough examination of the papers and the compliance of the living space with their requirements.
How to purchase an apartment from a legal entity and how to remove the risks when purchasing a secondary housing? There are a number of rules:
- Carefully collect all required papers.
- When signing the contract, you need to be especially vigilant.It is better that a person with a legal education is present.
- It is important to ensure security when paying for the transaction.
- At the end, you must register the purchased housing.
An experienced realtor will do the job best. Although he will take his percentage of the purchase, he will nevertheless help minimize the risks to the buyer.
Sale by a legal entity of an apartment in a mortgage
The acquisition of housing in a mortgage from a company is considered the usual purchase of an apartment from a legal entity. The risks of the buyer are minimized, since the bank employees who provide the funds are personally responsible for the transfer of funds.
So, the bank must present:
- full package of papers;
- real estate appraisal document.
After confirming the transaction, the financial institution will conclude an agreement with the borrower and send the funds. In this case, the money will not be credited to the account of an individual, but to the account of the company from which the housing is purchased.
It is worth noting that it is recommended to deal with the issue of registration of mortgage lending in advance, since in practice there are often cases when a legal entity requires an down payment.
What pitfalls can you face?
The risks when buying an apartment from a legal entity are really great, so you need to know what other pitfalls a buyer may stumble upon.
In ordinary life, more often than not, a simple person can face the following situations that lead to the loss of money, time and the living space itself:
- Buying an apartment with false documents. This situation is the most dangerous and almost hopeless. The transaction on fake documents by the court is recognized as invalid, which means that an ordinary person as a result is left without money and housing.
- Acquisition of housing from a company with an owner of limited legal capacity. As a rule, such transactions are also recognized as invalid. Other owners of the company after the transfer of funds can go to court, and he will be on their side if one of the owners is recognized as having limited legal capacity and the necessary evidence is provided.
- The sale of housing, which passed into possession by inheritance, although it does not apply to the situation, but still also has its own nuances. The fact is that over time other heirs may appear who claim this apartment, and the court will most likely be on their side.
Of course, it is impossible to know all the intricacies on the real estate market, but it is advisable to give preference to a "transparent" deal when buying housing. No fraudulent documents and fraud.
Transaction Stages
First you need to study all the stages of buying an apartment from a legal entity. Buyer risks will be minimized if the citizen is already familiar with this scheme:
- To begin with, the buyer needs to choose a house that would fully meet his requirements.
- Then you need to check the documents for housing and documents from a legal entity.
- Next, you need to draw up a contract of sale and sign it.
- After that, you can proceed to the transfer of funds. It must be remembered that money is transferred only after the registration of the contract in the USRN.
- In conclusion, you can register the apartment.
However, this scheme is valid not only when making a transaction with a legal entity, but also with an individual.
As for the sale of apartments by the company, there are also some nuances here. The deal between a legal entity and an individual is complicated for the organization itself. Here are the difficulties that company owners face most often:
- first, the CEO must collect a permit to sell housing from all owners of the company;
- only after all shareholders or co-owners have given their consent, can we proceed to collect the required securities.
The necessary package of documents
What to look for when buying an apartment in the first place? Of course, on a full package of papers.It is worth noting that for such a transaction, the set of documents for the seller (legal entity) and the buyer is different.
The necessary papers that must be collected by the buyer for the purchase of housing from the company:
- original passport of the buyer;
- if he is married, then it is necessary to obtain the consent of the spouse to purchase housing;
- when buying an apartment on a mortgage, you need to get a certificate to confirm solvency, as a rule, this is a certificate of income from work.
For a legal entity, the package of documents is larger and more difficult to collect:
- the basis, that is, a document confirming the transfer of the apartment from the previous owner (in the case of a "secondary");
- technical passport of housing;
- cadastral passport of immovable property;
- document from the Federal Tax Service;
- certificate provided by the management company or the HOA where the object is located;
- copy of personal account;
- charter and other documents for the organization.
Calculation and taxes
A transaction can be paid in two ways.
- By transferring funds to the personal account of the organization. It is considered the safest if there is a purchase of an apartment from a legal entity. The risks of the buyer are minimal, as the bank is involved in the operation.
- By drawing up a bank letter of credit, that is, sign a loan agreement (in the case of mortgage lending).
It is worth noting that cash payment in such an operation is not valid. No honest company will allow you to accept money for the sold apartment in cash.
As for taxes. The law states that any legal entity must pay taxes when selling property. However, the organization is exempt from them in the event of the sale of residential real estate. In this situation, the company will only have to cover the tax on profits, if any.
How not to fall into the hands of scammers?
Secure apartment purchase and fraud protection. Is this possible when dealing with a legal entity?
100% security cannot be guaranteed to any buyer. But here is what you need to know when performing this operation:
- The deal must be "clean." No power of attorney.
- It is necessary to ensure that all documents are notarized.
- If the sale is possible only by proxy, it is necessary to check the person representing the owner and his rights.
- If there is reason for the sale of housing, it is important to carefully verify its authenticity. If you wish, you can even meet with the former owner (if possible).
Remember: an official legal entity is not a guarantee of a deal without tricks. Many companies are engaged in various illegal fraud, and then deal with it is more difficult than with an ordinary individual.