The concept of “legal purity of real estate” today is a relatively new. Despite this, checking the potential purchase directly for this very “cleanliness” has recently become almost a necessary and mandatory rule. However, many of the real estate buyers who contacts the real estate agency, checking the legal purity of the apartment, are far from always fully aware of what they really want. The legal purity of real estate or apartment provides that all transactions ever carried out with this real estate were absolutely legal, and therefore, there are no grounds for the possible removal of purchased property of its real owner. You can determine legal purity only if you carefully study all the documentation that is directly or indirectly related to the execution of these transactions.
At the same time, first of all, attention should be paid to the following main points: 1. Information about all persons who have ever been registered on this living space without exception. Until they are removed from registration, these people retain the full right to use this housing even in the case of the sale of this apartment or their actual absence in it, which means that this right can be defended through the court. All this information should be in the so -called archival or expanded, discharge from the local house book, in addition, duplicate the documentation in the accounting department of the local ZhEK. 2. Transactions that were carried out with this apartment before. With particular caution, one should be treated with all kinds of incomprehensible episodes or absurdities, such as the gift of this apartment to a completely stranger, or a very alarming large number of transactions with this housing over a short period of time (the number of transactions in some cases can reach up to several hundred). 3. Full information about real estate sellers. If suddenly it turns out that the potential seller of this apartment is in a neuropsychiatric or narcological dispensary registered, then this can subsequently serve as an essential basis for the termination of the transaction to buy and sell this real estate. But it will be quite difficult to check it. In the event that the apartment is sold belongs to spouses, then the consent of both parties is required to sell it, otherwise one of them has the right to apply to the court with a claim for the illegality of this transaction. If you purchase real estate at Costa Blanc and not in Russia, most likely there will be no such issues, in Europe such moments have been worked out clearly. There are cases of separate mention when the sale of an apartment is carried out by proxy, since it is the power of attorney that generates, as a rule, most of the fraud related to real estate. In such a situation, it is necessary to check not only the authenticity of the power of attorney, but also the rights that this document gives the confidant (often there are cases that receiving money to the number of these rights that the proxy has, is just the same). In addition, the power of attorney can already be withdrawn at the time of the culi-sales transaction, which deprives it of any legal force. It will also not be superfluous to clarify the state of health of the principal who has compiled a power of attorney, who may well suffer from some kind of mental disorder or alcoholism, or even completely died even for a long time. 4. Documentation. It must be remembered that it is necessary to verify not only all the documents related to the purchased real estate, but also the documents that certify the identity of its seller. The presence in them of any gloss, cleaning, descriptions, etc. D. make this concluded transaction invalid. In addition, any changes or corrections made to the contract of sale must be certified by both the seal of the notary and the signatures of both sides of the transaction. All documents that certify ownership of this property must be registered in the manner prescribed by law in the corresponding local body of justice. However, at the same time, some points that are capable of depriving the purchase and sale of real estate for legal force (for example, the termination of the powers of the notary directly at the time of registration of the transaction or the seller of the apartment of illegitimate children, who also have the right to claim part of the inheritance, or sell real estate According to the old, supposedly once lost passport, and t. D.) it will be almost impossible to check. That is why the legal cleanliness of the apartment is a rather conditional concept, which is almost possible to check at all 100%. Which, however, does not mean at all that you do not need to strive for this.