Instruction
1
Always make sure that the preemptive right of purchasing shares of the other co-owners. This means that the seller of the share in the apartmentyou purchase should first offer to purchase share of other co-owners of the apartment. If they refuse it – then you have the legal right to purchase a share in apartment without the risk of subsequent cancellation of the transaction.
A waiver of preemptive rights issued by a notary. Don't forget about it, otherwise the transaction may be voidable.
2
If you buy a share in the apartment, don't forget about all the formalities. Make sure that the seller correctly prepared all the documents and can provide you with all in the required form, otherwise the transaction can be simply not registered.
3
Quite often the sellers share of the apartment, if you can't get a waiver from shareholders of the apartment, offer to execute the contract of purchase and sale in other ways, for example through a deed of gift, where the right of primary purchase is not valid. This contract is easily challenged on the initiative of the Supervisory authorities or disgruntled shareholders apartment. If a fictitious transaction is proved, according to the law on article 170 of the civil code "Sham transaction" sold the share in the apartment leaves the second owner. Of course, the fictitious nature of the donation contract it is difficult to prove, but the time and effort that will be spent on the war and the courts with other shareholders very few people will enjoy.
4
Currently, the real estate market there are apartments that were originally bought by people in a shared property. These could be civil spouses, or people who are not involved in family or any relationship. The cost of housing is so great that buying an apartment in fractional ownership is the only solution in many situations. Knowing the law and all the rights and obligations of co-owners, you will get a housing without the hassle and legal problems.