How to choose a realtor to buy an apartment. How to buy an apartment with a realtor? Key features

A good realtor can save you a lot of the hassle associated with purchasing real estate, save you money, time and nerves. A bad agent, on the other hand, can drag out the search for an apartment for several months. It all depends on you. Find a good reseller and sign the right contract with him.

When choosing a realtor or real estate agency, the following criteria should be considered.

Also flip through magazines, newspapers. Respectable agencies do not spare money on advertising. You should not cooperate with companies that, even on free sites, do not post photos and detailed descriptions of real estate objects.

In this case, it is not at all necessary to contact only large companies. Very often there is a lot of staff turnover in them. The realtors themselves have a minimum of requirements. Also, promoted agencies in contracts with clients disclaim all responsibility for an unsuccessful transaction.

Pay attention to the license number of the agency you have chosen. If the document number is in the first few hundred, it means that it was issued a long time ago. The company has been successfully operating in the market for a long time. If the agency was registered for a long time, and the license was issued recently, then, most likely, the court has already deprived the organization of permission to carry out activities. The likely reason is a violation of the law.

It is best to work with a realtor who lives in your area. Registration of documents, discussion of the terms of the transaction - everything will take place more quickly. In addition, such an agent knows the real estate market situation in your area better.

Meet with several applicants. Tell us about your requirements for the apartment, how much money you are willing to pay for it. If during the first conversation the realtor cannot specifically answer your questions, then it is better to contact another agent immediately.

Execution of the contract

After the applicant is approved, it is necessary to sign a cooperation agreement with him. Study all points carefully. If after that you still have questions, it is better to contact a lawyer.

It is very important to conclude an agreement with an authorized person. Otherwise, the document may be invalidated. If an agreement is concluded with an agency, then it is signed by the director and sealed. In the event that a private realtor is looking for an apartment for you, then he is registered as an entrepreneur. He or his authorized representative signs the document.

Subject of the contract

This clause stipulates all the services that a realtor provides: search for housing, negotiations, preparation of documents, legal support of the transaction. Also in the section it is necessary to indicate the requirements for the apartment that you would like to purchase, its cost. The more detailed your terms and conditions are, the better.

Most realtors offer their clients to sign an exclusive contract. According to its terms, the buyer has no right to cooperate with other intermediaries or independently search for housing. These requirements are absolutely legal - Art. 1007 of the Civil Code of the Russian Federation. If the client has violated the contract, he is obliged to pay compensation to the agent. Its size is also indicated in the document. It is very important to indicate in it the period that is given to the realtor to search for an apartment. If he does not cope with the task, then you have every right to terminate the agreement.

Practice shows that if you do not sign this agreement with a realtor, then he will not make every effort to find you housing.

Contract time

It is better to draw up a document for a short term, otherwise the search can stretch out for a long period. If the intermediary's duties include only finding an apartment, then it is better to draw up a contract for one month.

In the case when the realtor is also engaged in real estate registration or an alternative transaction is being drawn up, then the period may be longer - up to three months. As a rule, agents insist on a contract for 6 months. But that is not in your best interest.

Also, the contract may include a clause according to which it is extended for a new period if the client has not terminated it. Insist that this condition be eliminated.

Issuing a power of attorney for an agent

If you plan to transfer all operations for the purchase of real estate (preparation of documents, opening a deposit safe) to a realtor, then you need to write out an appropriate power of attorney for him. In it, specify in detail all the powers of the agent.

It is possible to terminate the contract unilaterally if the realtor does not fulfill the assigned tasks. In this case, the customer must pay the costs incurred by the agent. But they do not stop there and indicate in the contract the amount of fines for its termination. You can dispute this point in court.

How much do realtors charge for their services? The cost of the work must be indicated in the contract. Typically, agents charge 2-5% of the purchase price.

Buying an apartment is an important decision that requires a lot of investment. Many real estate agencies are engaged in intermediary activities in the sale of residential premises. With such a congestion in the real estate market, it is difficult to understand which organization to entrust such a responsible matter - the choice of housing. must match several criteria: have a good reputation, have qualified workers, set an acceptable price for the provision of services.

Respectable realtors make the home buying procedure as transparent as possible, but caution is never excessive. For security reasons, it is necessary to carefully study the content of the proposed contract with in order to accurately indicate the obligations of the organization, as well as its rights and obligations.

How to check a real estate agency for cleanliness?

When choosing an agency, you must use the following sequence of actions:

Get acquainted with the registration documents of the organization. Make sure that it has the appropriate certificates, attestations, and is also registered in the Unified State Register of Legal Entities (USRLE).
Find out with tax authorities or in an arbitration court if there is any incriminating information about the organization, as well as make sure that there is no bankruptcy case.
check the realtor for availability with the organization in which he works.
Carefully familiarize yourself with the contract drawn up with the organization.
Find out if the organization checks the apartments for sale for the rights of owners and the authenticity of documents. As a rule, the staff of serious organizations is listed as a lawyer who is responsible for these issues.

You can find out about the reliability of the intermediary organization on your own or with the help of notaries and lawyers.

Realtor services

When concluding an agreement with a real estate organization, the buyer must be sure that the entire process of buying an apartment is carried out under the supervision of an experienced realtor. In this case, the realtor undertakes:

Conduct an analysis to find out the availability of apartments that are suitable for the buyer in the required parameters and material resources;
with limited financial resources to select best ways ;
choose the right time to show the apartment;
negotiate with the seller about the price and other features of the sale of real estate;
reconcile the documents of the owner of the apartment to find out possible risks;
lead preparatory work to collect papers for the transaction, draw up a purchase and sale agreement;
participate in the process of mutual settlement of the parties (, use);
monitor the observance of the buyer's rights when registering papers with a notary;
agree on the discharge of all tenants from the purchased apartment with subsequent verification;
carry out all the necessary actions and paperwork according to the state

It is necessary to find out if the real estate organization is registered in the professional liability insurance program so that in the event of a realtor's mistake, the buyer is entitled to compensation.

Agreement with a real estate agency for the provision of services

Each real estate company has its own sample for drawing up a contract, so you should pay special attention to the content of this agreement. The buyer must review all the clauses of the contract.

The following clauses must be present in the agreement:

list of services provided by the organization for the client, and their volume (advertising, legal, consulting services and others);
compliance of the rights and obligations of the parties under the contract. The conditions put forward to the client must be acceptable;
the amount of remuneration for services;
the terms of the agreement (at least one year);
a point where the client at any time can find out information about the work performed by the realtor and the time frame for drawing up a detailed report;
clause on termination of the contract. The buyer has the right to cancel the agreement at any time by paying for all services rendered.

Be sure to familiarize yourself with the content of the text in small print. As usual, it contains clauses related to obligations.

There are times when companies unlawfully introduce the following clauses into the contract:

The right to receive the amount formed by the difference in prices for the actual sale of housing and the one that is fixed in the contract. This is that hidden commission or cash balance that realtors always intend to pocket, apart from the rest of the amounts paid by the buyer.
Provision on the prohibition of communication between the buyer and the direct seller or his proxies.
Prohibition of cooperation with other organizations. Failure to comply with this requirement in relation to the client may be subject to penalties.

The buyer has the right to delete such clauses of the contract. Amendments to a document are drawn up in writing as an attachment to the agreement.

The cost of realtor services when buying an apartment

Any real estate agency sets its own rates for the services provided.

Small offices set the average cost of services determined by the market. Some deliberately cut prices to attract more customers.

Large companies, on the contrary, put forward high tariffs, citing their reputation, extensive experience and a huge database.

The work of the realtor is always paid by the user of the services. Different circumstances affect the value of tariffs:

factors of a legal and domestic nature during the transaction;
the actual duration of the contract;
the price of the apartment being sold.

Usually prices are formed in two ways:

Establishing a certain amount of money. For example, from 30,000 to 100,000 thousand rubles (regardless of the price of housing)
Calculated as a percentage of. Typically, the price ranges from 2% to 5% of the apartment price.

About promotion retirement age and related changes in payments read in. We have the most detailed information!

How to terminate a contract with a real estate agency?

The clauses of the agreement with real estate organizations, regardless of the conditions and the list of services provided, are guaranteed Federal law"On Protection of Consumer Rights".

According to Article 32 of the Federal Law of 07.02.1992 No. 2300-1, the service user has the right to terminate the contract at any time. At the same time, he pays only for the services actually received (if the agency can document them).

You can motivate the cancellation of the contract:

unsatisfactory quality of the services provided;
a change in everyday circumstances, after which the client does not want to buy a home.

When the contract is canceled, a written notice in two copies is sent to the real estate agency.

The real estate organization, upon receipt of this notice, is obliged to endorse one of the copies with a mark of acceptance.

The notification can be sent by mail or by registered mail with notification. The document must contain the written cancellation intent and the date of the cancellation. If the real estate organization asks for any compensation upon termination of the contract, then keep in mind - this is illegal.

If the realtor has already received an advance payment, then he must return that part of the funds for which the services were not actually performed.

If, after 10 days from the date the buyer submits the notification, the organization does not fulfill its obligations to terminate the contract and does not return part of the funds, then the client has the right to file a claim in court (Article 31 of the Federal Law of 07.02.1992 No. 2300-1).

The buyer has the right to compensation in the event of untimely return of remuneration for services in the amount of 3% for each day of delay (clause 5 of Article 28 of the Federal Law of 07.02.1992 No. 2300-1).

By clicking on the submit button, you consent to the processing of your personal data.

Working with real estate is inevitably associated with the cost of time and effort. If you are looking to sell, rent or buy a home, one of the most important, and perhaps most important, steps is finding a competent real estate agent. In this article, you will learn how to find a good realtor and build a competent relationship with him.

Steps

How to find a good realtor

Use the internet. This way you will remain anonymous and will be able to compare the marketing plan of different realtors before making a choice. You will also be able to roughly estimate the value of your property.

Contacts of real estate agencies and private brokers can be found in any newspaper or directory. However, do not rush to call the first number that catches your eye. When making a choice, be guided by the points below:

Reviews and recommendations. Conduct a small survey of relatives, friends and acquaintances - it is possible that one of them has already used the services of real estate offices. In this case, they will be able to advise you on a qualified specialist, as well as warn you against the bad.
Be careful with friendly reviews posted on the Internet, especially on the personal site of a realtor, which do not contain any contact details or specific information.
Choose an experienced realtor. The quality of the services provided by the realtor directly depends on the length of service. Choose candidates with 5 to 10 years of work experience.

Get your first consultation. Call the selected candidates for the first consultation and ask your questions. This will help you make sure of the realtor's competence - the consultation should be clear and detailed. If during the conversation the agent will persistently call you for a more complete consultation in the office, or try to force you to sign some kind of agreement, you should stop talking with him.

Meet in neutral territory. Once you have selected the right agent, make an appointment with him. Remember: a professional realtor is most important for your convenience, so he will not be tied to his own office. It is best to meet in neutral territory. A professional in his field will not impose his services on you.

Choose large real estate agencies with good financial backing. These agencies have specific standards of practice, ethics and work to meet the needs of their clients. Of course, there are bad agents in large firms, but the chances of running into them are much less than in a small brokerage office.

Ask the real estate agent to review the model contract. Before paying any money, be sure to read the contract! It is best, without signing, to take the document home, carefully study all the points, if possible in consultation with a lawyer. If the terms of the transaction proposed in the contract do not suit you, discuss with the realtor the possibility of making changes. Do not put your signature if the document contains inscriptions in too small print - this usually ends badly and promises unnecessary cash costs.

The cost of the services of a realtor. Usually the cost of services of real estate agents is from 1 to 4% of the transaction, depending on the complexity of the work. The difference in the cost of the services of certain agents is explained by the qualifications of the realtor, his experience, workload, etc.

How to competently build a relationship with a realtor
1. Never show your realtor that you are desperate. A realtor is a real estate agent. His the main task- sell, sell and sell you real estate again. You need to pay off debts immediately or sell an apartment urgently, or you dream of buying this particular house - the realtor does not need to know this. It is much better when the realtor believes that you are in no rush to buy or sell.
  
  To prepare the contract and the necessary documentation, you will need a lawyer specializing in real estate sale and purchase transactions. ’’ ’Never allow a realtor to look for a lawyer or a lawyer for you - it is possible that the lawyer has a material interest in the sale of this or that house.’ ’The lawyer may have a close relationship with the intermediary seller. It is better to choose your own lawyer yourself.
  
  Do not tell the realtor the maximum amount you are willing to pay for the purchase / rental of housing. The first thing your agent asks about is what maximum amount that you are willing to pay for the purchase of a house or apartment. Don't fall for this trick. Just name the price for which you really would like to buy property and say that this is the maximum price. You don't have to think that when buying a house, your realtor is going to fight for your interests with the seller's realtor.
  
  To avoid problems in communicating with a realtor, you need to build relationships in the right way from the very beginning. Make sure the agent has an accurate list of your property requirements. Try to stick to it yourself, without changing your requests every minute. State your requirements in writing and give it to the agent - let him know to the smallest detail what kind of property you are looking for.
  
  Ask your agent for a printout of all actual prices and initial listing prices for properties in your area of interest to find out how much the owners paid for the property, what it is selling for, and to get more information about the houses. It is very useful to know the price at which a property is being sold, but it is equally important to know how much it was originally put up for sale and how much the owners lost. This is necessary to understand the state of the market in your area.
What to do with a bad realtor

“A realtor is required. No work experience. Age from 18 to 60. Education is not lower than secondary. Salary from 100,000 to infinity. " The corresponding print media and the Internet are full of such vacancies. Every year, thousands of people seeking an easy life wear a real estate badge on their chests. Proudly calling themselves, for example, "a specialist in residential real estate" and, at best, having completed a week's course of a young soldier, they go to storm the cherished mountains of gold. Trainee status is naturally unacceptable for them and, accordingly, is not indicated in any way. During the year, 9 out of 10 will leave the profession to make way for new ones. Finding a realtor among all these fortune hunters is really tricky.

Why is it that the real estate market is basically a network marketing option? The question is rhetorical. The situation, of course, could be corrected by the introduction of compulsory licensing of real estate activities. But, on the contrary, in 2002 the licensing was canceled. It remains to be assumed that this state of affairs is beneficial for someone.

However, this situation is not at all beneficial for clients and for real professionals who provide quality services. Fortunately, there are many such realtors, and over 20 years of the existence of the real estate market, they, step by step, form and promote high standards of real estate activity.

How to find a good realtor in the chaos of advertising offers? Of course, each client is guided in accordance with his life experience and common sense. But there are also very specific parameters, time-tested, that will help you make the right choice.

Recommend a good realtor! (Realtor by recommendation)

Of course, the recommendation of friends is the best guideline when choosing a realtor. However, the recommendation is valid only if the actual service has been successfully provided. Often the recommendations are abstract. After all, you need a reliable realtor. Instead, you may be advised by a relative or acquaintance who "seems to be engaged in real estate." In this case, “familiarity” does not mean “high quality and reliable” at all. Moreover, using such a recommendation, you may face an awkward situation when it will be difficult to refuse the services of an obviously weak realtor without damaging your relations with those who made such a recommendation. Therefore, if the recommendations are general in nature, do not rely only on them, choose a realtor according to other parameters.

How to choose a real estate agency or a private realtor?

And why, in fact, you need to choose one of these two options? Why not choose a good real estate agency and a good realtor? When contacting a real estate agency, clients most often perceive the realtor, who received their call or met in the office, as the specialist who a priori will deal with their project on behalf of the company.

You have the right to choose any specialist from those who work in a real estate agency, and only then decide which real estate agency to choose. Ask your office manager or department head who they can recommend. "I am looking for a realtor and I ask you to help me with the choice" - there is nothing reprehensible in such a question. You can also inquire about the experience of a realtor in general and in this company, in particular, about the education of a realtor, find out how many projects he is working on.

This approach allows you to evaluate the real estate agency itself. After all, the level of professionalism of employees is the main indicator of the level of the agency as a whole. Real professionals value their reputation and will not stay long in an agency that discredits them in the eyes of their clients. The advantages of working with a good real estate agency are clearly organized legal, marketing and corporate support for your project for the sale or purchase of an apartment.

The advantages of working with a professional are extensive practical experience in solving specific problems and individual responsibility to the client. Take advantage of all these benefits for the best results. Thus, the question of which real estate agency to choose is decided, first of all, through meeting a reliable realtor.

Experienced realtor

How do you know that the realtor you are communicating with is an experienced specialist? A solid age or a business card on which “specialist” is written do not mean anything at all. As already noted, people come to this profession at any age, and even if a realtor is much older than you, it may well turn out that he is still an intern. Moreover, experience in this profession is not measured only in years. What matters is the number of real transactions that the realtor has carried out over the years.

An experienced realtor can be considered one who has at least 30 successfully organized transactions for the purchase and sale of apartments. Such a number of transactions suggests that the realtor, most likely, has already encountered such transactions as yours, and has a successful experience of carrying them out.

Another indicator is the number of projects on which the realtor is currently working. Depending on the seasonality and complexity of individual projects, an experienced realtor can conduct 3-8 contracts in parallel. If a realtor has assistants, the number of projects can be large. But we can definitely say that, regardless of the market situation, an honest experienced realtor is always in demand. And if your contract with a realtor is the only one, it means that either it has been working recently, or for a long time, but somehow it is wrong.

Is it possible to contact an intern

Of course, there are beginners and professionals in any profession. It is perfectly normal for a dedicated and active trainee to handle your deal under the close supervision of an experienced realtor. It is often the optimal combination of energy and experience. It is unacceptable when a newbie is engaged in your deal, and the only thing that the agency does is print for such newbies Business Cards, which say "specialist". Your right is to know the real estate agent's real experience and receive high-quality and safe services.

Honest realtor

Selling and buying real estate are the most expensive transactions carried out individuals... You must be sure that the realtor is absolutely honest with you, and the transaction process itself must be clear and transparent for you. Any moments of sale or purchase in which the realtor cannot give reasoned explanations are suspicious.

When selling an apartment, there is a sure indicator that allows you to understand that the realtor is not acting in your interests, but is playing his own game. We are talking about a situation when a realtor, without informing you, changes the price of your apartment in an advertisement. Whatever the circumstances or considerations about the market situation, the realtor explains his actions, he has no right to make such decisions without obtaining the permission of the owner. In order not to lose finances, time and nerves, it is best to immediately end the relationship with such a realtor and find a realtor in whose honesty you will be sure.

Remember, if you are suspicious of certain actions of a realtor, you always have the right to receive an explanation. An experienced and honest realtor will be sympathetic to possible concerns of the client and will always give clear comments.

Legal qualifications

Of course, a realtor and a lawyer are two different professions. Even the most experienced realtor is sure to use the support of the legal department in his agency or work with lawyers on outsourcing.

However, this does not mean that the realtor does not need legal training. It is simply necessary for a realtor if he is going to provide quality services. When selling or buying an apartment, there is literally not a single question that does not require certain legal knowledge. Therefore, it is best if the realtor has a higher special legal education or at least completed the appropriate refresher courses.

Lawyers insure the transaction process in the event of complex legal conflicts, at the request of the client, provide pre-trial and judicial protection of his interests. The realtor directly organizes the contractual relationship between the seller and the buyer, collects documents for the apartment, interacts with government agencies. If a realtor does not know how to "dig in papers", it is highly likely that you will have to do this.

Organizational ability

Organization of a transaction is a painstaking and responsible process that, as a rule, must be carried out in as soon as possible... A good realtor should manage his time rationally.

Work on each project should be planned so that the rest of the contracts are not left without attention. Punctuality for an experienced realtor is not only a rule of good manners, it is his professional credo. Pay attention to how the realtor organizes the workflow.

A professional realtor organizes communication with clients so that they do not have to call first. He himself regularly informs clients about the progress of work. In general, you should be comfortable interacting with a realtor. Most likely, this means that the rest of the participants in the transaction will be comfortable working with your specialist. This means that the transaction will take place in a working atmosphere, without wasting time and nerves.

Private realtor Alexander Vodolazov

In the field of home sales, real estate services are offered by a huge number of companies, and to decide which one real estate agency it is very difficult to give your preference.

Customer should pay attention on the history of the company, experience and professionalism of employees, it can play no small role, and it should not be extremely high and vice versa too low.

Realtors simplify process but there is always a risk of fraud from such organizations. In order to protect yourself, you should pay special attention to the company, clearly understand the circle of the representative, the scope of your personal rights and obligations.

Choosing a real estate agency

The market of real estate services is replete with a large number of proposals; in order to choose a reliable and high-quality agency that can organize a successful transaction, the buyer must determine priority points which need to be given special attention are usually:

The period of work of the agency. Great experience characterizes the organization as an experienced and successful provider of home sales services.
The number of company employees. Big state speaks of the development and stability of the agency.
Service prices. Usually service cost real estate agencies are approximately the same. However, if the price is clearly underestimated, then this should alert the client.
The official website of the organization. A company that cares about its image conducts thorough work on the site, it should be rich in information about contacts, employees, organizational documents, objects and offers of realtors.
Agency office... The location, interior furnishings, advertising signs of the premises play an important role, since there are frequent cases of one-day companies creating.
Public activities, that is, membership in various associations, for example, the "Russian Guild of Realtors" (RGR). Availability certificate This kind of associations allows clients to make sure of the high professional training of employees who, in order to obtain a document, need to undergo training and pass an exam.
Availability of various awards, certificates(diploma for active development of the mortgage market, thank you letter for legal support of public activities of the RGR).
Reviews about the organization realtors . It will be useful for the buyer to find out the opinions of other people about the company, visit various Internet portals and forums.

If the agency has relatively short experience working in the real estate market is not always an indicator of the unreliability of a company; it is important to pay attention to the reputation and professionalism of the company's employees.

How to check a real estate agency for cleanliness?

Before contacting this or that agency, you should make sure of the correctness of your choice, for this the buyer necessary:

Check company documents. You need to make sure whether the organization has the necessary certificates, certificates, request an extract from the Unified State Register of Legal Entities (USRLE).
Contact the tax authority, arbitration court, to find out whether the company has violated the law, or has no bankruptcy status.
With a realtor, you need to check labor contract with the agency the interests he represents.
Particular attention should be paid to the contract that the buyer enters into with the company. The conclusion of a written document that meets all the requirements of the law guarantees legal purity of the transaction.
It is important to clarify whether the agency checks the history of the offered apartments, the rights of the owners, the authenticity of the information. Usually there is a lawyer on the staff who performs such actions.

Citizen B applied to a real estate agency, which had recently opened near her house, to buy an apartment. The realtor, without concluding a contract, immediately offered a housing option. The client liked the apartment, she made the payment and completed the necessary documents.

Citizen B moved to a new address, but two weeks later Citizen P came to her apartment and claimed that he was the real owner of the premises. Going to the court, it turned out that the agency acted according to a criminal scheme, with the help of forged documents, false forms, seals and a false notary, they signed a contract for the sale and purchase of an apartment that they rented from citizen R. The court determined that Citizen B does not have legal rights for housing, and to protect her interests she needs to apply to the courts.

You can check the real estate agency independently or by contacting notaries, lawyers, which, of course, will require additional cash costs, but will most likely guarantee the reliability of the buyer's choice.

Why do you need a realtor when buying an apartment?

When purchasing real estate, many buyers refuse and resort to the services of realtors. This can be explained by the fact that specialized agencies are professionals in their field, and should make it easier for the buyer to purchase an apartment by performing the following tasks:

Consulting on legal and technical issues arising from the client.
Organization of the search process, negotiations, finding options that meet the wishes of the buyer.
Consideration of possible shortcomings of the area, checking the condition of the entrance, apartment.
Clarification of the question of living in the house.
Negotiation of conditions and verification of the legal purity of the transaction (authenticity of documents, legality of the powers of homeowners, their representatives).
Monitoring prices in the real estate market, selection of the most advantageous offers.
Cooperation with banks, assistance in obtaining mortgages, loans for the purchase of real estate.
Legal transaction support, conclusion of a purchase and sale agreement, registration of housing in ownership, assistance with state registration.
Settlement of possible disputable situations.

Despite possible cases of fraudulent activities, contacting realtors can significantly speed up the process of finding an apartment.

A competent and qualified specialist protects the interests of the client, taking into account his wishes and needs.

Realtor services when buying an apartment

Turning to the services of real estate agencies, the buyer has the right to count on the efficiency and safety of their work. When buying an apartment, the realtor carries out the following functions:

finds out the situation on the housing market in order to understand what kind of apartment a client can apply for, based on his preferences and financial capabilities;
in case of a lack of funds, looking for suitable lending options;
determined with a convenient time to view the property;
negotiates with the seller about other conditions for the sale of the apartment;
checks the information provided by the owner, analyzes possible risks;
prepares the documents necessary for the transaction, draws up;
conducts mutual settlements of the parties (cash, use of a safe deposit box);
monitors the observance of the client's rights when making a transaction with a notary;
checks all tenants from the purchased apartment;
prepares, sends and receives the necessary set of documents for state registration of property rights.

It is important to clarify whether the real estate agency is a member professional liability insurance programs so that the losses that the buyer may incur in the event of the realtor's mistake are reimbursed.

Agreement with a real estate agency for the provision of services

In Russia, there is no single sample of an agreement concluded with real estate agencies, therefore, each firm, at its discretion, determines the content and terms of such an agreement. Buyers should pay special attention the following nuances, which must be prescribed in the contract:

The list of services that the agency must perform for the client, to what extent (advertising, legal, consulting services).
Ratio rights and obligations of the parties under the contract, the requirements imposed on the client must be feasible and reasonable.
Reward for services.
The term of the agreement, usually it is concluded for at least one year.
The provision that the client at any time can demand a report on the work done by the realtor, the deadline for submitting the report.
Clause about termination of the contract... The buyer has the right to refuse the services of the contractor at any time, having paid for the costs actually incurred.
Especially carefully you should read the inscriptions written in small print, usually this is how they indicate information regarding responsibility of the agency itself.

In some cases firms may include such clauses in the contract(which is not legal):

The agency has the right to have the difference between the selling price of housing and the cost, which will be spelled out in the agreement. This is the so-called hidden commission, that is, money that realtors want to receive in addition to the amount already paid by the client.
The provision on the prohibition for the buyer to communicate with the seller, his representatives. This suggests that the firm is also seeking to obtain additional unofficial enrichment.
The client is not entitled to contact other intermediaries for violation of this condition high penalties can be imposed.

If the buyer wishes add or exclude any provisions of the contract, he has every right to do so.

Changes should be made immediately to the document or be recorded in writing, as additional agreement or a protocol of disagreements.

What to look for when choosing an apartment?

When agencies should be based on the capabilities and preferences of their client. There is basic moments, which the realtor pays close attention to:

Real estate value.
The availability of transport links, the proximity of the stop.
Arrangement of the territory of the courtyard, the presence of a playground.
The technical condition of the house, the entrance, the correct operation of the garbage chute, the elevator.
Layout of housing, view from the window.
The interior furnishings of the apartment, external defects, the quality of plumbing, the serviceability of the water supply system, heating systems, electrical networks.
Infrastructure of the area (kindergartens, schools, hospitals, pharmacies, shops, etc.).
The floor where the apartment is located.
Residents of the house, their social status.
Year of construction, type of property (brick, panel, monolith).
The ecological state of the area, proximity to factories, airports, landfills.

The acceptability of the value of the selected object can be assessed by the realtor himself.

For a more precise definition, it is worth referring to professional appraisers to make sure the property is not overpriced.

How is an apartment bought through an agency?

After the buyer has decided on the choice of the property, an equally important and complex process is ahead - registration of the purchase of an apartment... The agent must accompany the client at every stage, provide assistance and assistance.

Real estate agency checks the legal cleanliness of housing: establishes the legality of the rights of the owners, the fact of discharge of the tenants, the full legal capacity of the seller. Requests an extract from the Unified State Register of Legal Entities and the House Register, applies to the mental and drug control authorities, checks the documents confirming the ownership.
Apartments should be free from the rights of third parties, not be, for example, on bail or arrest.
Subsequently compiled contract of sale, the intermediary must monitor the literacy and correctness of its execution, so that the content of the document does not violate the rights and legitimate interests of the buyer.
After that, you should make settlement of a transaction, in cash or non-cash forms. In case of cash payment, the buyer is issued receipt... The most reliable non-cash method is to use a safe deposit box.
Ultimately necessary state registration ownership.

If the buyer gives his preference, then the realtor should be especially careful about, find out his work history, the timeliness of the delivery of objects, visit the official website, view the constituent documents, the project declaration.

To complete the purchase of an apartment, the realtor needs to receive from the client notarized power of attorney.

Through it, the agent has the right to represent the interests, to carry out on behalf of the client all the necessary actions for the preparation, collection, delivery and verification of documentation.

How to buy an apartment on the secondary market through a realtor?

The purchase of an apartment in the secondary market may be accompanied by a number of features which both the buyer and the realtor should pay special attention to:

Condition of the house and yard area. Important: the facade of the building, the area of playgrounds and sports grounds, the driveway, the condition of the elevator.
In the apartment, you need to check the work of utilities, plumbing, extractor hood. Assess the level of illumination, the absence of external imperfections.
It is worth comparing the apartment with the BTI plan to make sure there are no illegal ones.
The realtor must identify possible problematic issues of a legal nature (forged documents, lack of permission to sell from a spouse, underage tenants - it is extremely difficult to extract them).

It should be borne in mind that even the largest and most competent agreement with a real estate agency does not give a 100% guarantee of the reliability of the transaction, realtors cannot check all possible potential risks, and fraudsters are not uncommon in the secondary housing market, therefore, the choice of housing of this type should be approached with special care.

When buying an apartment on the secondary market, an intermediary can and should try to reduce the price, that is, to bargain.

Even if the buyer has the necessary amount of money, the agency must provide its client with the most favorable conditions for purchasing a home.

The cost of realtor services when buying an apartment

Every real estate agency evaluates their services differently for example, small companies try to adjust to the average price level of the market and even reduce the cost in order to attract customers. Large organizations have the opportunity to dictate their terms, based on experience, reputation, fame.

Realtor services paid by the employer... Various factors can affect the formation of the cost of services: the legal complexity of the transaction, the duration of the conclusion of the contract, the value of the real estate object.

Can be distinguished two main ways determining the price:

The cost of services in a fixed amount, from about 30,000 to 100,000 thousand rubles, depending on the region.
The cost, determined as a percentage of the home price, usually ranges from 2% to 5%.

The apartment is sold for 2,300,000 million rubles, with a fixed remuneration of the company of 4%, the cost of services of a real estate agency will be 92,000 thousand rubles.

Order pricing by real estate agencies is arbitrary, although usually the volume of services provided, the list of documents required for the collection of documents when buying an apartment is exactly the same.

How to terminate a contract with a real estate agency?

On an agreement with realtors, regardless of the characteristics and volume of services provided warranties apply Federal Law of 07.02.1992 No. 2300-1 "On the protection of consumer rights".

Within the meaning of Art. 32 ФЗ dated 07.02.1992 No. 2300-1, the client has the opportunity withdraw from a contract Anytime. The only one consequence such a refusal is actually payment costs incurred by the agency, the presence of which must be documented.

Grounds for termination may be:

Failure to provide services within the specified time frame.
Buying a home on your own.
Changes in the client's life circumstances, in connection with which he changed his mind to acquire property, etc.

To terminate the contract, the real estate agency is submitted written notice in duplicate, on one of which the receiving party puts its acceptance mark.

The notification can be sent by mail, registered mail. The document must indicate the intention of termination and the date of cancellation of services.

Real estate agency requirement buyer's payment of a penalty upon termination of the contract is illegal.

If reward paid to the realtor, he obliged to return this amount, after deducting the costs of services rendered. If within 10 days from the day the buyer sends the notification, the agency does not fulfill necessary conditions termination, the client has the right to go to court (Article 31 of the Federal Law of 07.02.1992 No. 2300-1).

The buyer has the right to demand from the company payment of a penalty, in case of untimely return of remuneration for services, in the amount of three percent for each day of delay(Clause 5 of Article 28 of the Federal Law of 07.02.1992 No. 2300-1).

Responsibility of the real estate agency to the buyer

Many real estate firms try to minimize their liability and avoid possible losses. Although the current legislation acts on the buyer's side, in practice, the responsibility of the real estate agency is reduced to the maximum amount of the received remuneration, it is extremely problematic to collect penalties or forfeit.

To protect yourself, you should clearly define in the contract the scope of duties and responsibilities of the realtor.

Risks associated with buying a home may be as follows:

Errors were made in the paperwork for the deal.
Fraudulent actions in relation to the purchased apartment.
The interests of minors, heirs are not taken into account.
Earlier transactions for the sale or privatization of real estate were illegal, etc.

If the above situations are identified, agencies are often not responsible.

You can protect yourself with title insurance. This is a guarantee of compensation for the possible loss of rights to real estate. The buyer should contact the insurance company for a title insurance policy.

An important difference between title insurance and other types is that it protects a person from events that have occurred, but unknown at the time of the conclusion of the real estate transaction.

Conclusion

Today buying an apartment through an agency is convenient and completely safe way acquisition of real estate. Of course, the buyer can make a purchase on his own, but, not having the necessary set of knowledge in the legal field, it will be extremely difficult for a citizen to perform all the necessary actions.

Realtors are looking for housing, sifting out unnecessary options from a large mass of proposals, checking the legal purity of the transaction, collecting the necessary documents and registering the client's ownership. However, the buyer should not forget about possible cases of fraudulent actions on the part of real estate agencies, it is necessary to approach the choice of such a company with caution and thoroughness.

Question

Certificate for the provision of real estate services

My wife and I decided to buy an apartment by contacting a real estate agency recommended by our friends. We asked the employee of this company to show us the constituent documents of the organization, his employment contract, passport, as well as a license for the right to engage in real estate activities. An agency employee provided us with all the documents, except for the license, referring to the fact that their issuance is not provided. My wife and I would like to know if the realtor's refusal is legitimate?

Answer

Yes, such a refusal is legitimate. Since 2002, compulsory licensing of real estate services has been canceled in our country. Instead of licenses, certificates are issued confirming that the services provided by the company meet the National Standard of Real Estate Activities. Certification is voluntary, but those agencies that want to prove the high quality of their work and the professionalism of their employees undergo the necessary training and take an exam at least once every three years.