From hand to hand. What is the risk of the buyer of an apartment with an assignment agreement | Prices and market | Real estate

Mortgage rates in Russian banks are rising, and prices for new buildings are not going to fall either. Against this backdrop, realtors increasingly began offering clients the purchase of an apartment under an assignment agreement. Experts told aif.ru what risks there may be and what you need to know about such transactions.

What’s the point?

With this transaction, a person can buy an object only in a house under construction “from the hands” of an individual or legal entity. But since the house has not yet been completed and put into operation, the buyer does not acquire the apartment itself, but the right to claim this property. Under the assignment agreement, the acquirer assumes the obligations and rights of the shareholder, who was the seller.

Often such properties are put up for sale as apartments from a contractor. But most often we are talking about investment properties: they were bought at the start of sales for the purpose of further resale.

Which is more profitable?

Founder of the network of real estate agencies “Engineer” Elena Nedospasova notes that here it is necessary to carry out personal calculations. The answer will depend on several indicators. For example, for primary housing with government support, you can get a mortgage loan at a preferential rate – it will be more than two times less than the rates for loans without subsidies.

But not all buyers qualify for a preferential mortgage. And here it is possible that it will be more profitable to take an apartment on transfer.

“Each transaction is individual. Sometimes we even try to dissuade a person from taking a mortgage at 14-15 percent and consider housing under a transfer agreement. Such apartments in a new building can be bought 10-15% cheaper than usual,” explains the expert.

What are the risks?

Several years ago, the risk of unfinished construction was considered the main risk. But after the introduction of Federal Law-214 “On shared construction…” it was possible to reduce it to a minimum.

“The legislator did a great job introducing escrow accounts. In addition, the main part of new buildings in big cities is still a comprehensive development of the territory. Everyone is interested in such projects: developers, city authorities, and buyers. Therefore, if a person likes an apartment that is being sold under an assignment agreement, it is quite possible to purchase it,” says real estate market analyst Denis Stukalov.

Can I buy with a mortgage?

If the purchase occurs from an individual, then you will not have to count on government support.

“But they can be obtained by purchasing from a legal entity – for example, from an investor who participated in the construction. I would like to draw your attention to the fact that if the borrower has been approved for a secondary mortgage, it cannot be used under an assignment agreement,” says realtor-practitioner Oleg Bendrikov.

Can I spend maternity capital?

Yes, and in this case, “mother’s money” will be sent to the seller’s account. True, not all individuals are willing to wait several weeks for payment to be made. On the other hand, maternal capital can be used for a down payment on a mortgage. Here the seller does not waste his time in any way: all funds will be credited to his account after registering the assignment agreement.

What documents should I check?

Oleg Bendrikov recommends treating a transaction with an assignment agreement in the same way as the purchase and sale of secondary housing – when ownership of the property has already been formalized.

“You need to get a certificate from the developer stating that the previous shareholder has fully fulfilled his obligations and there are no debts for the property. For the shareholder, it makes sense to request information from the Credit History Bureau in order to exclude his bankruptcy. It wouldn’t hurt to request a certificate from a psychoneurological dispensary, especially if the seller is an elderly person,” says the interlocutor.