QUESTION: Legal check of the property: which documents should be checked with the seller?

Answer

The legal check of a real estate property begins with a thorough study of the package of documents that the apartment owner is obligated to provide. The main document is the title documentation, on the basis of which the seller owns the property. This can be a purchase and sale agreement, a deed of gift, a privatization certificate, or a certificate of the right to inheritance. Each of these documents has its own legal nuances and requires careful analysis for possible hidden risks and future court disputes.

In addition to title documents, it is necessary to request technical and reference documentation from the seller. The most important papers are the technical passport from the BTI (Bureau of Technical Inventory), a certificate of no debt for housing and communal services, as well as extracts from the house register. The latter document allows you to find out about all persons who have ever been registered in the apartment, including temporarily deregistered citizens, for example, those serving prison sentences or doing mandatory military service.

To reduce legal risks, experts advise acting according to a clear algorithm and recording every step in writing.

Gather the basic package of documents from the owner and determine the timeline for the check.
Check the passports of all transaction participants for validity through official databases of the Ministry of Internal Affairs.
Study the marital status of the seller at the time of acquiring the property to ensure the presence or absence of a notarized spouse's consent.
Analyze the history of ownership transfers for the entire period of the property's existence.
Fix the check results in the budget and the advance payment agreement, leaving time to eliminate possible legal defects. Regularly review the verification status once a week until the main agreement is signed.
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