We had a question about privatizing real estate and contacted him for a consultation.
Oleksandr answered our question quickly, explained, demonstrated, and explained everything like he explained it to little children.
THANK YOU SO MUCH for your help and patience.
I highly recommend him, he's a team of professionals.
Property Inspection Before Purchase (Due Diligence)
Legal due diligence of real estate before purchase is an important stage in the process of acquiring housing, non-residential premises, a land plot, or other real estate property. The law firm “Dominion” offers comprehensive legal inspection of real estate, which allows you to avoid risks and guarantees the safety of real estate acquisition in Ukraine.
Regardless of whether you plan to purchase real estate on the primary market in a new building or choose an object on the secondary market, thorough real estate inspection is the key to a safe and successful deal.
Each type of real estate has its own features that should be taken into account to avoid legal and financial risks.
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Inspection of New Buildings (Real Estate Objects on the Primary Market)
Primary real estate refers to objects that are under construction; therefore, at the time of purchase, ownership rights to them have not yet arisen. Developers offer to purchase the right to receive a certain object with specified characteristics in the future. Therefore, the main task of legal due diligence of real estate on the primary market is to confirm the legality of construction and ensure the protection of the buyer’s investments.
What Is Important to Check When Purchasing an Object in a New Building?
- Land Plot. The developer must have a legal basis to carry out construction on a specific plot. In addition, the targeted and functional designation of the land plot must correspond to the developer’s intentions and urban planning documentation (the general plan of the settlement). It’s also important to check the land plot for encumbrances and restrictions; if they exist, there is a risk that the object will not be accepted into operation.
- Permissive Documents. The legislation clearly establishes the obligation of the developer to obtain certain permissive documents for objects before starting construction. In the absence of such documents, the construction is illegal. Additionally, familiarize yourself with the project documentation and verify whether it has undergone expert examination, as well as ensure that the developer has received technical conditions for connecting engineering communications.
- Scheme of Selling a Real Estate Object. On the primary market, there are numerous contract options under which developers offer to invest funds in real estate. Some of these contracts are safer, while others carry significant risks of losing funds. Each contractual sale scheme has its own features, which should be understood at the stage of signing the contract; more details about this can be found in the article “Legal Support of Real Estate Transactions.”
Also, note that since October 10, 2022, the Law of Ukraine “On Guaranteeing Property Rights to Real Estate Objects to Be Built in the Future” has been in effect. Under this law, the sale of future real estate objects must be conducted through a notarized agreement that includes a comprehensive list of mandatory conditions. Such an agreement grants the investor a special property right to the future real estate object. - Business Activity of Construction Participants and Reputation of the Developer. Construction is a complex process involving many participants, including the developer, customer (builder), and contractors. In some cases, companies act as construction investors and receive a portion of the space in the future object. While the number of construction participants is unlimited, transparent and understandable contractual relationships must exist among all companies jointly building a real estate object. Additionally, information about all construction participants should be verified in the relevant state registers. Regarding the developer’s reputation, it’s essential to analyze whether previous projects were successfully completed and if there were significant construction delays or deficiencies in the quality of construction work.
The lawyers and attorneys at the law firm “Dominion” are well-versed in all the features and pitfalls associated with purchasing real estate on the primary market. We have inspected over a hundred new buildings in Kyiv, the Kyiv region, and other regions. With experience in court cases involving developers and successfully resolving complex situations through negotiations, we are confident that we can help you choose a safe property.
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Inspection of Real Estate Before Purchase on the Secondary Market
At first glance, purchasing real estate on the secondary market may seem like a safer option than buying an object at the construction stage. This is partially true because the object already exists and can be used immediately; legally, the buyer acquires ownership immediately after the deal, which also protects against a range of risks.
However, purchasing real estate on the secondary market can involve legal risks that may lead to the loss of the property in the future or financial losses. Therefore, we recommend always checking secondary real estate before purchasing and involving experienced lawyers in this process.
What Is Important to Check When Purchasing Real Estate in the Secondary Market?
- Title Documents and Ownership Rights to the Property. The object could have been purchased, inherited, gifted, or created as a result of reconstruction. Each of these grounds for ownership has its own features that require attention during legal due diligence. Ukrainian legislation stipulates that ownership rights to real estate arise from the moment of state registration, so it’s necessary to verify that the seller indeed has registered ownership rights. Additionally, be aware of numerous fraudulent schemes where perpetrators attempt to sell real estate using forged documents. Therefore, checking the ownership rights and original documents is mandatory before purchasing the property.
- Seller’s Authority to Sell the Property. Before purchasing real estate, you must verify the owner of the property (or owners, if multiple). If the acquisition occurred while the owner was married, the spouse must consent to the sale of joint property. If the object has several co-owners, each must act as a seller under the contract. Due to war and forced emigration, real estate sales are more frequently conducted by representatives of the owners based on powers of attorney. In such cases, review the original power of attorney and verify the representative’s authority. It’s also essential to check the property owner’s details in state registers.
- History of the Object and Information in State Registers. When purchasing secondary real estate, it’s important to check information about previous transactions involving the property to determine the legality of ownership transfers. Additionally, verify whether the object has a mortgage history or has been the subject of legal disputes or criminal proceedings. Analyzing information in registers to check for encumbrances, arrests, prohibitions, and other restrictions is crucial to avoid the risk of the purchase agreement being declared invalid.
- Third Parties’ Rights to the Property. Ensure that no individuals, particularly minors and underage children, are registered on the premises (applicable to residential real estate). The property may also be subject to a lease agreement; tenants have a preemptive right to purchase leased property. Violating this right can result in the tenant legally acquiring the buyer’s rights and the termination of the purchase agreement. To avoid claims from third parties and the risk of losing the property, thoroughly check third-party rights to the selected real estate object.
Understand that a notary does not provide legal due diligence services for real estate. Engaging experienced lawyers guarantees a comprehensive document review and protection of your interests during the acquisition of secondary real estate.
FAQs
How can I verify the reliability of a developer?
Based on our many years of experience with new buildings, we assess a developer's reliability through key factors such as the legality of construction, a safe sales scheme, and an impeccable reputation.
Why should I involve a lawyer in checking secondary real estate?
Our law firm's lawyers conduct thorough inspections of real estate. We check the property's history, any legal cases or criminal proceedings involving current and previous owners, verify the technical passport of the object and assess any debts for utilities. It's important to note that notaries are not obligated to perform these checks.
How should I properly transfer a deposit when purchasing real estate?
If you and the seller have agreed to conclude a purchase agreement within a specific timeframe and under defined conditions, you can confirm these intentions by entering into a preliminary purchase agreement and transferring an advance payment. The preliminary purchase agreement requires mandatory notarization.
What documents does a buyer need to purchase real estate?
To formalize a real estate purchase agreement and for state registration of ownership rights, the buyer must provide the notary with a passport and an identification code. If the buyer is married, they must also provide the spouse's passport and identification code, along with a marriage certificate or, if available, a prenuptial agreement. Military registration documents are not required by the notary to purchase real estate.
Satisfied Client Stories
Nikita Sokol
I contacted Dominion regarding taxes when selling real estate. They responded quickly and constructively. Many thanks to Oleksandr! I sincerely recommend Dominion.
J M
I contacted the company to check the documents before buying an apartment and to support the purchase transaction. I worked with Oleksandr. Oleksandr provided professional advice, provided an inspection report and answered all the questions of concern. He was also present at the transaction and accompanied and helped at all stages. It was important for us to monitor the entire transaction process, since this was the first purchase and everything went smoothly with Oleksandr.
If necessary, we will contact him again.
Yulia Melnyk
I am very grateful to Olexandr for his help with the purchase of an apartment. Despite the fact that I contacted him the day before the transaction, he managed to analyze all the documents and make amendments to the draft agreement. He was also present at the transaction itself, carefully analyzed all the documents and provided some useful advice on further actions. In the future, when I need legal assistance in real estate, I will contact only him, because Olexandr is a professional and a master of his craft)
Olha Pivtorak
I turned to lawyer Oleksandr to support a real estate transaction. I am very satisfied with his work: he carefully delved into all the details, professionally conducted all the stages and provided qualified assistance. Thanks to his support, I felt calm and confident that everything would be done correctly. I sincerely recommend Oleksandr as a highly professional and responsible specialist!
Anastasiya Bilenskaya
I received professional and very useful advice from lawyer Oleksandr regarding the purchase of an apartment in a new building. He carefully analyzed the contract, explained all the complexities in simple language and paid attention to important details. Thanks to his advice, I felt much more confident and calmer during the purchase process. I am sincerely grateful for the help and responsible attitude! I highly recommend it!
Irina
Oleksandr completely conducted the transaction for the purchase of land and real estate for me. Before that, I checked other options, and not without consequences. I was lucky to avoid purchasing real estate in poor condition and on incomprehensible land. A very pleasant person, a good specialist, I even delegated communication with the developer to him. I felt completely legally secure. I recommend him to everyone.
Artem Bazdyrev
I contacted Dominion Lawyers with a very difficult question. Where other companies either tried to rip me off with a huge amount or refused to help, here everything was resolved in a couple of phone calls. They even helped on Sunday, which is a day off for the company. For any questions - only here! I strongly recommend them, I have not yet found better lawyers in Ukraine.
Yukhym Romanenko
I am sincerely impressed by the professional, perfect approach in a short time. To check the reliability, various risks of the transaction, etc., I definitely recommend using the services of "Dominion". Peace of mind and confidence are worth it.
Inna Pavlenko
Excellent lawyers. Before buying an apartment with them, I checked many housing complexes. In the end, I found a suitable option, all the documents were meticulously studied and all the nuances of the transaction were taken into account.
Diana Gavrylova
I'm grateful to Oleksandr for his top-quality work. He was very helpful when I was purchasing an apartment. Special thanks for managing the communication with the unprofessional realtor. I've decided that if I ever need legal services, I will contact "Dominion." I've already recommended it to my friends.
Oleksandr Kovalenko
I am very grateful to Oleksandr and Andrii for their work! They bought an apartment in a new building and turned to this agency to check the developer's documents, etc. The services are at a high level, and everything is clear for the customer. I ordered an inspection on Tuesday, and already bought an apartment on Friday. The package of services included all inspections and assistance in concluding the agreement. If you want to save your nervous system, money and time, I advise you to contact them!
The sales department also appreciated their work. They asked: "Lord, where did you find them and how much did you pay?", because for two days the entire sales department, the developer's lawyers, etc., were listening. Therefore, if the purchase of real estate, then it is up to them.
Iryna Grytsenko
I contacted Dominion Law Firm to weigh all the risks before buying real estate. Oleksandr Pinchuk and his team of lawyers conducted an analysis: they found court cases, debts, and problems with permits. They explained all the risks and advised me not to invest in this residential complex.
I felt that the lawyers were really protecting my interests, not just fulfilling formalities. I recommend them as professionals who think a few steps ahead and always offer clear solutions. Thank you!
Dmytro Kolisnichenko
They quickly and competently provided assistance in the inspection of the real estate object, special thanks to Oleksandr for the support of the transaction, clear explanation, professional approach. I highly recommend it.
Inna
Thank you for your help in resolving the issue.
I advise you to contact professionals✌️
Valentina Andreieva
I am very grateful, they provided high-quality help, explained and solved all my questions, I definitely recommend!
Tetyana Ivanchenko
I would like to highly appreciate the level of service and transaction support provided by Oleksandr and Inna, who analyzed our case and the specifics of the transaction in detail, providing relevant solutions, recommendations and support, I am very grateful to them for their professionalism
Nadiya Severina
Inna checked the documents for the agreement and provided all support, including the preparation of documents for the agreement, the impression was: high quality, on time, explained everything, clearly answered all questions.
Also worked with Oleksandr, professionally, everything under control, he will solve any controversial situation calmly and confidently. I recommend this law firm, professionals with whom it is a pleasure to deal and to be confident in their work.
Angelina Horonzhuk
Urgently, with a lack of documents, they did a comprehensive check and provided clear recommendations. Well done, quickly and qualitatively. Inno, you are the best!
Anna Solyarik
We used the service of examination and support for concluding a contract when purchasing an apartment. Everything went quickly and with the highest quality! The company treats with equal care both large transactions and small ones at the level of purchasing a one-room apartment on the secondary market. Our best recommendations!
Andriy Musiyko
Helped quickly and professionally. Ms. Maryana Harnyk very carefully checked the developer's documents and the text of the contract, and provided comprehensive advice on risk analysis, answering numerous questions. I recommend
Mustafa Osmanov
I thank the lawyer Oleksandr Pinchuk for clear and professional recommendations on resolving the conflict situation.
Oleksii Donskoi
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