How it is correct to buy the apartment?I Will list several advice to the buyers signing the contract with realtor firm for acquisition of secondary housing.
Signing the contract with the realtor as it is possible in more detail reflect in it all parameters and properties of required housing. If you need absolute silence or a look behind a window, then do not forget to specify it as about the obligatory characteristic of the apartment. The situation becomes simpler if you are interested in housing in the panel house. In this case ask to show plannings of standard houses (they are no more than 20 - 30) and note the attracted option in the contract.
In practice the realtor firm, as a rule, includes in the price of the apartment and the commission charges, and also cost of registration of the transaction. At the same time usually the client does not know their sizes. If in the contract there is a phrase the price of the apartment does not exceed you can be sure: the price will be equal (or it is close) to this maximum price. Which of realtors will refuse to earn spare cash? And here not to give them such temptation it is necessary:
and) to designate amount of remuneration of the realtor in the contract (in concrete firm to the sum or at the percentage of the price the seller of the apartment (the first as complexity of work of the realtor is not connected with the housing price in any way is more preferable nevertheless);
) to specify which of the parties incurs expenses on registration of the transaction and in what size (if expenses lay down on the client, then demand their detailed list in the contract).
Signing the contract, the realtor company will demand from you to contribute advance payment. It is normal practice: search of options of apartments is accompanied by some material inputs. Another thing is that the size of advance payment has to be reasonable (depending on the price of the apartment and complexity of search). However:
and) surely in the contract note that all expenses on selection of the apartment join in the general remuneration of the realtor;
) consider that search of the apartment not always leads to positive result. And if the parties have no desire to prolong the contract, then there is a question: who is, actually, guilty of the cancelled transaction? Therefore it needs to be noted in the text of the contract too.
As a matter of experience, I recommend to include the following provisions in the contract:
1) Granting by the realtor to the client an opportunity to examine not less than three - five options conforming to the declared requirements;
2) in case of non-performance of this obligation the realtor undertakes to return advance payment to the stipulated terms and to pay the stipulated penalty;
3) If the client refuses all offered options (provided that they meet the declared requirements), then he has the right to demand return of advance payment only minus payment of the work done by the realtor.
The most important question - whether the realtor bears responsibility for legal purity transactions? Any contract can be theoretically dissolved in court. And nobody (even the professional) will give a guarantee that it will not occur. The realtor is always responsible only for the mistakes made through his fault (the mistakes made by employees, directly at registration of the contract of purchase and sale, violation of the obligations, for example, if he promised to sell you the free apartment, and sold with the people registered in it).
Who will compensate? And the insurance company with which at realtor firm the contract of insurance of a civil liability is signed will already be engaged in it. Naturally, the size of risk is limited by the insured sum specified in this contract. Also do not count on bigger. But also for this purpose, chtobygarantirovanno to get under an insurance, it is necessary:
and) before the conclusion of the contract for purchase of the apartment to study terms of the contract of insurance of responsibility of the realtor;
) to include the reference to the concrete contract of insurance of its civil liability in the contract with the realtor.