Transactions with the real estate demand special attentiveness and discretion. At apartment purchase it is important not only careful check of all documents. You should also know in advance under what conditions your transaction could be recognized as void.

Situation 1. The sold apartment has been bought with infringement of rules. For example, the rights of minor children have not been considered.

Than threatens: If the interested party brings an action the claim, at first can nullify the certificate of purchasing, and then and the transaction. As a result you should move down from apartment, and the seller will be obliged to return you the received money.

How to avoid: Careful check up all members of a family of the seller during the period previous purchase. Learn, whether there are minor children at it, aged parents, and also a place of their actual residing and registration.

Situation 2. One of spouses has sold apartment without the consent of the second.

Than threatens: Most likely, as well as in the previous situation, you should take away the money and to release habitation. But instead of recognition of the void transaction of purchase and sale the court can collect half of cost of apartment in favor of the suffered spouse.

How to avoid: If spouses in marriage have bought the apartment, at its sale the necessarily documentary certified consent of other of spouses to its sale. Therefore if you buy habitation from the dissolved person, necessarily demand this document.

Situation 3. To leave from taxes, apartment is sold under the pretext of donation or underestimates the real sum of sale of the contract.

Than threatens: the Court will oblige the buyer to return apartment, and the seller – to give it money. But, as in the contract the deformed data is specified, the buyer will receive or the sum specified in the contract, or in general remains at the broken trough.

How to avoid: At the transaction conclusion in the contract necessarily specify real market cost of apartment or house.

Situation 4. At apartment sale documents, signatures have been forged some documents are not given.

Than threatens: the Court will oblige each of the parties to return everything that they have received during the transaction. If the seller will not have money, which it is necessary to return to the buyer, collecting can be assigned to its property.

How to avoid: the court usually establishes the Doubtful signature or counterfeit papers by means of examination. Having ordered examination (for example, documents or signatures on the consent of the former husband/wife) before contract signing, it is possible to secure itself. Also will not prevent to consult with the lawyer who will prompt the full list of documents for transaction registration.

Situation 5. The person, who has sold apartment, has appeared mentally unhealthy, the addict or the alcoholic.

Than threatens: the Lawful representative (trustee) of such person can bring an action the claim about recognition of the transaction void. The buyer should return apartment, and the seller – money. But in interests of the incapacitated citizen the transaction can be on request of its trustee
It is recognized by court by valid if it is made to its benefit.

How to avoid: to reveal the incapacitated seller it is possible, having communicated to neighbors or having enquired in corresponding instances. If it will appear that such person participated in the previous transactions with this apartment (for example, bought it), that is chance to defend the rights in court.

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