Claim is also the owner of the apartment extract from the Unified State Register of rights to immovable property and transactions with it and through it to trace the path of the apartment from one owner to another. It would be nice to get more from the seller and the documents confirming the transfer to him of ownership of the apartment: the contracts of sale, donation, etc. But as a rule, sellers rarely provide such documents to the buyer.

How to shift care to other people's shoulders

Buying a flat through a real estate company? Lay verify the legal purity apartments for them. But remember that the agency is difficult to bring to justice for poor quality work. Nevertheless, the effort is worthwhile.

If the contract expressly stated that the company is legally obliged to check the purity of the object, but it did not, or performed poorly, contact the agency with a claim. It is necessary to bring all the facts: the date of the contract with the company, its obligations, the date of purchase and sale of apartments, as well as the `gaps' in the history of the object, which the agency did not reveal to its purchase. That is, you must demonstrate that the firm failed to meet its obligations in full.

Then specify what you need from the agency, not forgetting weighty reasons for their claims. If the apartment is yours, with the agency difficult to recover the entire amount paid to him under the contract. However, you may require you to compensate for moral damage. In case you have not suffered actual damages, but the company does not meet its obligations, a need to reconsider the cost of services the agency and return the money.

Trifles are no

Reasonable question: what to do if it turns out that the apartment was purchased from a man who had no right to sell it? First you need to understand, have you had reason to doubt his credentials before signing the contract of sale.

Did you know that the apartment sold illegally? Since it will be separated: in this case you will not be considered bona fide purchasers. Therefore, if the verification of legal purity apartment you are aware of any facts affecting the purchase of an apartment, dismissing them is not necessary. In court, the word that the seller offered to pay no attention to all sorts of `nothing ', do not find understanding. Ironically, some buyers of apartments start talking that way and lose.

If you are buying a home there was no reason to doubt the legitimacy of the transaction, then you probably recognize the bona fide purchaser. This means that the apartment is yours, and each of its next buyer will also be considered bona fide purchasers. That is, the further order of the object can be carried out without interference.

Want to know everything

How to check the documents for an apartment? The most reasonable option - to offer to the seller to request for the provision of relevant information and statements, and then together with him to go to receive them. Be sure to examine the originals. Notarial copies of the trust is not worth it, since the notary only ensures compliance with the original copy of the document.

For personal peace is better to include in the contract of sale the seller for submitting false information. In fairness, we note that the seller is unlikely to voluntarily agree to compensate the damages caused, so they will have to recover through the courts.

The presence of such conditions in the contract you will facilitate this process: it is enough simply to prove that the seller withheld information was material to the transaction. If the seller's liability for giving false information is not specified in the contract, the courts have yet to prove himself the damage being done actions of the seller.

What to do if you learned of the deception after the conclusion and registration of the transaction? As always - to go to court. Requires not only repair the damage, but also to terminate the contract or to recognize it as invalid. Necessary to substantiate his claim, that is, to prove to the court that the concealment or misrepresentation by the seller is so serious that the timely receipt of accurate information or you would refrain from buying an apartment or offer to renegotiate the contract.

Separately indicate that the dissolution of the transaction or accepting it as invalid you must return the amount to be paid for the object. Try using the judiciary to clarify the financial capabilities of the seller. Unfortunately, if he has already spent the amount received for the apartment, and pay him a little, get your money back you will not be soon. Theoretically, there is a chance to seize the property seller for onward sale, but such processes are often lasts for years.

As a measure of the psychological impact can be reported to the seller that in case of failure to return money for an apartment for him to apply for fraud in the Interior Ministry. Some citizens, such statements were functioning smoothly. But the best option for home buyers - a lot of patience and with great attention to consider the documents of the contract of sale.