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Buying real estate is always a serious step that requires not only significant financial investment, but also thorough legal verification. To avoid unpleasant surprises, it is worth paying attention to several key aspects.
Although judicial practice in Ukraine recognizes that debts for utility services remain the obligation of the previous owner, the new owner often has to prove their case in court. In order not to waste time and money on court proceedings, before signing the contract:
Obtain certificates: Require from the seller certificates from the housing office (ZHEK), the HOA and service providers confirming the absence of debt.
Stipulate the obligation in the contract: Add a clause to the contract that obliges the seller to pay off all debts and establishes penalties for non-performance.
If the real estate has several owners, make sure that you have obtained a notarized waiver by the other co-owners of their preferential right to purchase the share. This will rule out their future claims to your property.
A preliminary contract is an important tool that protects your interests. In it, it is worth clearly stipulating:
Deadlines: Specify the exact term by which the main sale contract must be concluded.
Liability: Define penalties or compensation if the seller refuses the deal without valid reasons.
Return of funds: Clearly stipulate the procedure for returning the deposit, so as not to lose money if the deal falls through.
Pay separate attention to the technical condition of the real estate. Buyers not infrequently discover unlawful redevelopment only after the deal. To avoid this, provide in the contract for the seller’s liability for such violations. This may be an obligation to legalize the changes or to compensate you for the costs. Also carefully check the condition of the engineering systems, electrical wiring, water supply, heating, since their repair can be very expensive.
Although the notary conducts a basic legal verification of the documents, this is often not enough. To avoid risks, it is important to order extracts from the state registers yourself:
The State Register of Property Rights: To check who the real owner is and whether there are any encumbrances (arrest, mortgage).
The Unified State Register of Court Decisions: To check for the presence of court disputes regarding the property.
Always study the history of the property, the documents on the basis of which the seller acquired the ownership right, and the reputation of the developer if it is the primary market. Involving experienced lawyers will help identify hidden risks and protect your investment. Remember that too low a price on the market is often a sign of hidden problems. A thorough check is the key to a safe deal.
To make sure the property is clean: to check the ownership right, the absence of arrests, encumbrances and disputes, and to avoid the loss of money and property.
The title documents, register data on the owner and encumbrances, the history of the property, as well as the seller’s authority to conclude the deal.
Hidden encumbrances and arrests, fraud with documents, the rights of third parties, and the challenging of previous deals, which may lead to the loss of the property.
The payment should be made in a way that protects the buyer, and only after legal verification and proper execution of the deal at the notary.
Yes, the support of a lawyer makes it possible to identify risks in advance and conduct the deal safely, protecting your funds and ownership right.
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