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Important legal points before buying a property

Golden recommendations of a real estate attorney to buy a property

First of all, before we talk about buying real estate, define real estate lawyer We will present to you. A real estate attorney is a primary attorney for the judiciary who has obtained his attorney’s license from the Judicial Bar Association. He has a lot of experience and expertise in matters related to real estate and has a lot of experience and skill in all areas related to real estate, including buying and selling real estate. For this reason, if someone encounters problems in relation to a property that has been purchased or sold, the best and right thing to do is to consult an expert property attorney;

Our advice is because in general property claims which can be both legal and criminal in nature, they have a relatively high sensitivity and if a person files a complaint without having legal information, they may fail due to filing a wrong complaint or not properly defending their right in court. Legal costs incurred, this person cannot take his right from the defendant.

So please take our advice seriously and consult a real estate attorney in Tehran before taking any personal action regarding purchasing a property or filing a complaint, hoping that your issue will be resolved as soon as possible.

Tips for buying real estate from a real estate attorney

before continuing buying real estate It is best to get the consultation of a real estate attorney to tell you the necessary legal points. Doing so may not seem necessary at first glance, but it is necessary to prevent future problems with the purchase of real estate.

Now, we will point out here the points that you should pay attention to before buying a property:

Document Verification and Seller Ownership

The first thing to pay attention to when buying a property is to verify the documents and ownership of the person who wants to sell the property to you as a seller.

First and foremost a person who wants to sell a property must be legally qualified to do so, in such a way that he can say that he must eligibility – eligibility Possessing it means to be wise, mature, and mature, and not to be young or mad.

If the person is a minor, his guardian or legal guardian, who is like his father and paternal grandfather, must agree on his behalf in this regard, otherwise the transaction will be void and executed with the guardian’s permission. It is said that the micro-transaction is subject to audit because the un-audited micro-transaction is void in any way.

Also, the law should not prohibit the counterparty with whom the transaction is carried out, so that the law does not prohibit the transaction from him.

Persons who are prohibited by law from selling property are: bankrupt businessmen Emancipators and persons who have been convicted by the court and for having debts or having committed a crime are prevented from any intrusion into their property and until these restrictions are lifted, they are not entitled to make any transactions and purchase property from them is prohibited.

Now, in terms of how to know that these people are barred from trading before buying a property, in the first place, we can ask a real estate attorney to take over all the related work from the start, and if we want to do it ourselves. We can do it through Real Estate Registration Office Let’s inquire about this.

Ownership Document Verification

The second issue to consider when buying a property is to know more Title Deed Status are being traded.

First of all, the deed of the property to be traded must be free in the sense that the deed of the property is not mortgaged or encumbered, because if the property is mortgaged or mortgaged, for example, the owner has mortgaged the house until the bank obtains a loan until the end of the loan repayment, and the right to Sell ​​the property. He does not own it, and selling this property and buying the property by you is incorrect; It is even possible that the property has been taken as security by legal means and by order of the judge, and as long as the title deed is in the hands of the judicial authorities, the owner is not entitled to sell the property, and any transaction under these circumstances is prohibited and invalid. It is even possible that the title deed has been confiscated for reasons such as a person’s debts, in which case there is also a prohibition on selling the seized property. In this regard, in order to find out whether the title deed is mortgaged or secured, we can inquire at the state property and deed registry office about the desired property.

Here too, Article 663 of the Islamic Penal Code spoke about this issue and stated that anyone who knowingly takes possession of property seized by the judicial authorities, even if the person in possession is the owner, shall be imprisoned from three months to one year. to be condemned.

Verify the seller’s authority to sell the property

This problem arises in property purchase when the original owner has a lawyer to handle his affairs and now here if this lawyer tries to sell a property of his client’s property then you as a buyer should check this issue. A power of attorney, where the limits of his authority are defined, has the authority to sell the property and get the transaction price or not, and most importantly, he has the authority Syndromic regulation It’s your name.

If he has the necessary powers under the power of attorney contract, you can safely deal with him.

Check property account balance (reconciliation)

Another thing to check in discussing the purchase of a property is that the seller of the property must pay off all debts of the property. recovery account They say.

In fact, before you buy a property, you should make sure that any real estate debts are related to government agencies, including Municipal tax regulation The payment has been made and the seller must give the account settlement to the buyer and he cannot refuse to do so.

Also, if there are debts on the property related to late bills or fees, in this case, the seller must determine the duties of these debts, either to pay them himself or debit the amount of the property and pay it to the buyer in accordance with the agreement

Check the rental status of the property

Another thing that a buyer should pay attention to when buying a property, so that he does not have problems after buying the property, is the question whether the property is rented.

When the tenant rents the house that the person intends to buy, there is no objection to selling it and the buyer can buy it without any problems.

The tenant has no right to object in this case and cannot complain about the fact that he does not want someone else to be the owner of the property and must pay the rent to the new owner because the buyer is a party to the lease agreement with the tenant after purchasing the property.

In this regard, Article 498 of the Civil Code states that the lessor can sell his property during the lease period and does not require the consent and permission of the lessee, in which case the lease contract remains in its original form.

Determining the terms of termination of the contract

In any sales contract concluded between two persons, there is a possibility of problems arising, and in the continuation of these problems, it is possible that one of the parties will want to terminate this contract. Ending marriage Determining that in the event of a problem or dispute that could be related to the failure of one of the parties to fulfill its obligations and the failure to meet the conditions in the contract, there is a right of termination.

Indeed, in any type of contract, including official documents, affidavits and lease contracts, it is possible to establish an authority right of termination There is something the parties can refer to, in fact, the word “option” comes from the word “choice”, here we are referring to some options that can be made during the conclusion of the contract and the parties are given the right to use it.

The defect option means that before purchasing the property, it is stipulated between the two parties that if after the transaction between the two parties it is determined that the property is defective, the buyer has the right to cancel the transaction.

Embezzlement means that before buying the property, it is stipulated between the two parties that if one of the parties to the contract commits gross embezzlement, and here after learning about the embezzlement, which is fraud, he can cancel the deal.

In other words, if, after completing the property transaction, the buyer realizes that he has purchased the purchased property at a much higher price than it is, he can cancel it, or for example: the seller realizes that he sold the property for a large amount. Lower Price. Termination option can be used. That this question of price in two cases should be real and according to the custom of society, it should not be natural to sell at a higher and cheaper price, for in this case none of them can cancel the transaction.

Condition option means that before buying a property, it is stipulated between the two parties that one or both of them have the option to terminate the contract within a certain period mentioned in the sales contract. The period is because a period must be specified here to determine how long the parties are entitled to terminate so that they cannot request termination outside the specified period.

Requiring the seller to prepare an official document

The last and most important thing in the discussion of buying a property Registration and preparation of the official document The property purchased by the seller is located at the official registry office, which we indicate here.

The importance of registering a property with an official document is critical, because the official registration of the document in the notary’s records prevents problems that may occur in the future, and in a way whether there is a dispute between the buyer and seller in the future, in terms of having an official document can be strong evidence to prove the right .

Also, regarding the properties in the model affidavit It is circulated, it must be done with more sensitivity, the reason for this sensitivity is that the affidavit is one of the ordinary documents and not as strong as the official document in the courts. Example: When the contract is being drafted by the real estate company, that company must have a license to obtain a real estate association, and the tracking code must be received after the real estate contract is drafted.

In all cases, as mentioned earlier, consulting with a real estate attorney can be very effective, and outsourcing all matters relating to the purchase of real estate to a real estate attorney is the best decision for you.

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