Покупка квартиры. Минимизация рисков

Автор: admin  //  Рубрики: Городская недвижимость

Как можно купить квартиру

Покупка квартиры. Минимизация рисков

Существование проблемы потери прав на квартиру, которая была приобретена на вторичном рынке недвижимости, подтверждают все профессионалы данного рынка.

Да российские законы в последние годы существенно улучшились. Однако кардинально исправить ситуацию это не позволило.

В одной только Москве, где в год заключается порядка 80 тысяч сделок с недвижимостью, примерно 2 тысячи из них оспариваются в судах. 3-5% квартир имеют очень не простую, «запутанную» историю.

Так что риск потерять недавно купленную квартиру весьма высок. Существующие на рынке организованные преступные группировки построили свой бизнес именно на этих проблемах.

Количество рисков, могущих привести к потере права собственности на жилье, весьма велико. К примеру, если один из участников сделки будет признан недееспособным или, неадекватно сознающим последствия своих действий, то такую сделку могут признать ничтожной.

Аналогичный результат мы получим и в случае внезапно объявившихся наследников или супругов, которые не давали своего согласия на продажу совместно нажитого имущества.

Особняком стоит обнаружение факта проживания в настоящее время или ранее в данной квартире несовершеннолетнего ребенка. Если будет установлено, что при приватизации квартиры права этого ребенка были нарушены, он в праве по достижении 18 лет в течение 3-х лет обжаловать сделку по суду.

Ну а практика российских судов такова, что решение однозначно будет вынесено в пользу ребенка. Первоначальная приватизация квартиры скорее всего будет отменена, а несовершеннолетний ребенок включен в число собственников.

В завершении: создается явная угроза признания недействительным «нашего» договора купли-продажи.

К сожалению, предвидеть такого рода ситуации на стадии подготовки документов практически не возможно. Существующие варианты проверки «юридической чистоты» могут лишь минимизировать риски, но не полностью их избежать.

Обезопасить себя от такого рода ситуации можно лишь застраховавшись  от «дефектов» в праве на покупаемую жилплощадь.

Если право собственности на приобретаемую квартиру будет оспорено третьей стороной, то защитить собственника от подобного посягательства поможет титульное страхование.

Оно интересно тем, что событие, которое способно вызвать страховой случай, заранее учитывается в истории имущества. Оно как бы уже и произошло, но при заключении договора страхования еще не проявилось или не оценено в полной мере.

Поскольку страховые компании кровно заинтересованы в чистоте сделки, то, соответственно, и исследуют историю квартиры тщательнейшим образом.

Заключается же такой договор страхования обычно на срок от 1 года до 3 лет, фактически до окончания срока исковой давности. А вот стоимость страхования напрямую зависит от количества сделок по квартире и «чистоты» документов.

Видео на тему:

Риски при покупке недвижимости «невооруженным взглядом»

 

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