The Legalities of Home Buying

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As one sets foot in the earning stage of his life, buying a home becomes a primary goal for many. When you set out on the home buying journey, you must equip yourself with the know-how of the market. For the first step, decide on the budget, check the home loan options, and use home loan EMI calculators to arrive at an affordable liability. Once you have these figures with you, it gives a certain direction to your property search.

We have put together a list of pointers to consider while buying a real estate property or your dream home.

1.Checklist

The title documents need to be thoroughly checked. The title documents may comprise sale deed, gift deed, will, etc. There may be a partition deed or any other document, also evidencing the seller’s transfer and vesting of title to the seller. The title must be verified with the help of documents for 30 years or more houses for sale in Florida . In cases where documents are not available, a title search of 12 years should be carried out.

2.Know your seller

Just like you do your due diligence before finalising a property for purchase, it is important to establish the seller’s identity and ascertain whether he is authorised to transfer the title of the property. Consider the following to know your seller better:

  1. Identification of all co-owners in the title.
  2. The status of residence and government clearances needed to sell the property.
  3. In the case of non-individual owners, like a company or trust, the registered document of the entity and the authorisation affect the sale.
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You need to obtain documents like PAN, Aadhaar, Passport, Driving license, Income tax returns etc., to have a record of their identity and residence. 

The question is, can you sell a house in probate? This detailed guide by SoCal Home Buyers will help you understand the process.

3.Necessary permissions

The Town Planning Authority is the body that gives necessary permissions for the use of land or any changes thereof. With the burgeoning population, more and more agricultural land is coming under the ambit of construction. Similar is the case of reclaimed land. Hence, verifying the non-agricultural land as well as zone permits is critical.

4.Construction approvals

Once you check for the macro level of approvals, the project-specific approvals are to be checked. For instance, approvals from the pollution control board, environmental clearance, electricity department, water and sanitation department, sewage department, etc.

5.Statutory payments

In case of resale property, ensure the seller has cleared all statutory payments and dues with the municipal authorities, along with all utility bills payment to ascertain no payment is outstanding.

6.Existing Mortgages

A search can be carried out at the sub-registrar office to enquire about encumbrances, if any. Any home loans outstanding on the property must be cleared before the sale to pass on a clear title. Most financiers also provide an option of home loan transfer from the seller to the buyer .

7.RERA Compliance

The Real Estate Regulation and Development Act, 2016, mandates the builders and developers to register their projects. This is necessary from the perspective of protecting the interest of the buyers. The buyer can verify if a particular project is registered or not through the RERA website. RERA came into existence to protect homebuyers and standardise the operations in the real estate market. Hence, buyers should use this and familiarise themselves with the act that works to protect them.

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Though prospective buyers considering home loan entrust their financiers with title verification, it is a misconception that you can leave it to the banks altogether. It is always advisable to do your due diligence before you set out to buy a property.