What documents do the buyer of a secondary market apartment need to check to ensure the legal purity of the transaction and avoid the risk of ownership being challenged by third parties?
Checking the legal purity of the transaction when buying an apartment on the secondary market is extremely important to prevent future problems and disputes. The buyer is advised to carefully study a number of documents in order to minimize the risks of third parties challenging ownership.
What to check when buying an apartment on the secondary market?
1. Legal supporting documents
The most important documents confirming the seller's ownership are:
- Certificate of ownership (or extract from the Unified State Register of Real Estate — EGRN).
- A purchase and sale agreement of a previous transaction or an act of transfer of ownership.
- A deed of gift, a will, or a certificate of inheritance (if the apartment was donated or inherited).
2. Technical documentation
The seller should have:
- BTI technical passport (former technical passport of the Bureau of Technical Inventory), containing detailed information about the apartment and the floor plan.
- Cadastral passport (extract from Rosreestr), which displays information about the cadastral characteristics of the apartment.
3. Information about residents
It is necessary to find out who is registered in the apartment and whether there are any encumbrances of third parties. The seller must provide:
- An extract from the house book or a certificate of registered tenants.
- Information about discharged former owners or temporary tenants.
4. Consent of the spouses
If the seller is married, the written consent of the spouse is required for the sale of the apartment, certified by a notary.
5. Availability of court decisions
It is worth checking for injunctions against the alienation of real estate, arrests or restrictions. This can be done by ordering an extended extract from the Unified State Register of Legal Entities.
6. History of ownership transfers
Study the history of the transfer of ownership in order to exclude the possibility of subsequent claims from previous owners or creditors.
Careful verification of the listed documents will reduce the risk of purchasing an apartment with an unclear history or limited rights. It is recommended to involve lawyers for additional advice and assistance in checking documents, especially if the transaction is related to real estate inherited or purchased under a gift agreement.