Are you planning to buy real estate? It is a very touching, but also a very responsible moment. Unfortunately, notaries are not obliged to carry out a thorough examination of the legal status of the alienated property. After all, according to their instructions, they must check:
- the fact of property registration in the Unified State Register as of the time of the transaction;
- the fact that the property is owned by the seller at the time of the transaction;
- absence of prohibitions on alienation as of the moment of execution of the agreement;
- the presence of full legal capacity of the seller or the person representing him, as well as the authority to sell at the time of the transaction.
On the contrary, already after the conclusion of the contract and Your calculations, it may turn out that the property You purchased has a negative legal history. For example, a house is illegally put into operation. Or the encumbrance on this property was illegally canceled and the encumbrancer restores his rights in court. Or the seller did not have the right to alienate it, since it was not his property, but shared with another person.
Unfortunately, we have experience representing such court cases. And these disputes are not always easy for buyers.
Therefore, we suggest that You carry out as complete a check as possible of the legal status of the property You wish to purchase, as well as the legal status of the person carrying out such a sale.
Find out what other legal risks may arise when purchasing real estate.
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