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There are several variants of apartments, you acquire by purchasing the extra hassle. Let us examine them in detail.
All the options that we present in this article can be seen at the previous inspection apartment or at the stage of studying the documents. In order not to be in a lose-lose situation when buying property - to invest in such an agreement with caution. This will help the information provided below.
Elderly people and young children, in the apartment
It is necessary to carefully check the property, where the children live. Even if they participate in the privatization did not take, they can be spelled out in the apartment. In this case, they can appeal to the court, which may be on the protection of children. Then the part of you purchased a residential area can be re-privatized in their favor, if it is found to be unlawful pre-privatization - and you will gain more co-owners.
Not having received the permission of the territorial guardianship authority, neither the notary who keeps the law, will not carry out the alienation of immovable property, which is or may be the proportion of persons over whom guardianship or custody is carried out legally, or young children.
In addition, it should be understood the difference between the ownership of the property and the fact of registration in the apartment, because the residence does not give property rights, does not allow to dispose of or own a residential area. Also it does not hurt to follow, where young children are prescribed after the transaction. Despite the fact that these matters deal with Dolen is a board of trustees, extra caution is useful to you. It provided the deterioration of living conditions caused by the fact that the lack of living space, which must be registered children after selling the apartment, the court may grant such persons the right to use the apartment, which has already been acquired by you before reaching the age of majority.
A similar case can happen when buying an apartment, where children from disadvantaged families living in a boarding school, but have the right to own property and to claim a share of parental property. In this case, the court has the right to cancel the agreement.
Also, the right to remain in the apartment, which is acquired, are elderly people who have nowhere to register after the transaction. Such situations occur when there is a contract of life maintenance, even under the condition that the person is not the owner of the object of alienation.
When an apartment owned by incapable persons
Buying an apartment, you can become a victim of malice or bad faith of the owners who, being registered in the mental and drug treatment clinic, have the opportunity to cancel the contract of sale, citing the fact that at the time of its conclusion wake incompetent.
Two or more owners
If the apartment is sold, is the property of the person on the documents, it is necessary to make sure that no one else does not claim even the smallest share of the residential area. Since even a few per cent in others property require notarized consent for alienation.
Approximately the same scheme it is necessary to conclude an agreement on the apartment, which the owner acquired while married. If one of the spouses does not give its consent to the sale, the transaction will not be considered possible. This is due to the fact that, according to the Family Code of Ukraine, all acquired during his stay in the marital property is considered common property, regardless of who is the owner, according to the documents.
Received an inheritance apartment
Buying an apartment, which was obtained by inheritance, it is necessary to be careful, especially if the owner acquired the rights recently. In this case, it may be that there are other persons who claim to this property, and if they will appeal to the court, you can be deprived of property rights in part or in full, according to the current zakonodavstave.
Property For Sale
It happens that the apartment is the person who received power of attorney from the owner and with himself is not possible to meet. It is not known how this power of attorney has been received, so you run the risk of becoming a victim of scams and from such a transaction should be abandoned.
The property, which was purchased recently
If by on the ownership certificate the date has passed for a long time and she was sold again, this should greatly concern. There are cases when the apartment is not properly checked before the deal, and now they are trying as quickly as possible to get rid of unsuccessful purchase. Or, on the contrary, the property obtained by fraud, and as long as the previous owner did not have time to challenge the sale, you sell the apartment. In any case, such a transaction is better not to conclude.
The property which was obtained under the contract of donation
If there is a situation, when you offer to buy an apartment, which belongs to the owner on the basis of the contract of donation, not buying and selling, it is worth to be careful. In this case, the contract may be appealed in court and canceled your ownership as a result of what you are experiencing considerable financial losses.
Very often, these transactions are persons who do not have any family ties in order to conceal the fact of the sale of property.
There is a logical question: how to protect yourself?
At the signing of the contract will not be superfluous to ask the owner to show a certificate from passport form 3, which lists all persons who are registered at that address. However, and this will not fully protect you from unscrupulous owners who can hide the presence of persons who can apply for housing, but at the moment are not registered in the apartment. For complete information on the persons who are in prison, on an urgent military service or for any other reason have been illegally removed from the register, you need besides the above-mentioned reference, to require extract the history of registrations.
Also it is necessary to find out, whether the property in the Register of court decisions, is not whether it is a matter of dispute. But in any case on their own to do this is unlikely to be possible, so it is best to consult specialists, who will provide you with comprehensive information.
Good luck and see you in Lviv!