Legal expertize of real estate transactions
The BRACE Law Firm provides services to organizations for the verification and expert legal assessment of real estate transactions with a view to identifying risks when they occur. Our specialists have extensive practical experience in accompanying various real estate transactions and have a solid knowledge of legislative norms and procedures in this field, which allows us to provide effective legal support.
Legal examination of the transaction in respect of real estate involves checking the following circumstances:
- the legal history of the subject matter of the transaction;
- information about existing disputes, claims regarding the real estate object;
- the possibility of making claims to the parties to the transaction by third parties;
- the risks of recognizing the proposed transaction as invalid because of encumbrances, arrests, and third-party rights.
Among the risks that can be identified during the inspection, can be:
- incapacity, lack of approval of the transaction, lack of authority to conclude a transaction with the seller or the buyer;
- violations of the rights of other persons (spouses, minors, convicted persons) committed while making transactions or in the process of privatization;
- encumbrances, seizure of property;
- defects of the power of attorney, on the basis of which the party to the transaction acts;
- invalidity of previous real estate transactions;
- numerous intricate transactions with a real estate object without a clear visible goal;
- the existence of a litigation in respect of the property.
The procedure for checking the legal purity of the property includes:
- collection of documents and information about the property;
- legal analysis of the method of creating an object;
- analysis of documentary and legal features of the property, the history of ownership of the property;
- legal analysis of the legality of transactions with the real estate object for the authenticity of documents, the correctness of documenting, infringement of someone's rights;
- legal analysis of the legality of ownership of the property by the seller;
- legal analysis of encumbrances and restrictions in the use of the property;
- analysis of possible consequences of the acquisition or sale of a property.
Conducting a legal due diligence check will help to exclude the possibility of recognizing the transaction as invalid, the emergence of restrictions on the ownership of real estate after its purchase, as well as avoiding claims of others regarding acquired or alienated real estate.
The result of legal expertise is the conclusion with an assessment of information and issuing recommendations on the possibility of eliminating risks or minimizing them. It will help the client to make a measured decision on the appropriateness of investing money in the selected property.
We provide the following services for conducting legal analysis of the purity of the transaction:
- legal examination (expertize) of title documents for their compliance with the requirements of legislation;
- verification of absence of grounds for refusal or suspension of state registration of the transaction;
- drawing up a list of identified non-compliance documents with the requirements established by the legislation of the Russian Federation, and issuing recommendations for the elimination of non-conformities;
- checking for encumbrances and litigation in relation to the real estate object, as well as checking for the absence of registered persons in the dwelling;
- verification for the identification of third parties entitled to use the property;
- legal expertise of the submitted draft contract for its compliance with the requirements of the legislation of the Russian Federation;
- issuing a written expert opinion on the results of the audit (at the request of the client).
- Preparing and analysis of various draft contracts for the construction industry
- Contestation of cadastral value in court in case of refusal of the commission of Rosreestr
- Appealing (decreasing) the cadastral value in Rosreestr
- Legal support for development projects
- Legal support of real estate transactionss
- Legal consulting on issues related to real estate