Safeguarding Your Investment: 10 Crucial Legal Checks Before Buying a Home

04/12/2023

Are you on the brink of purchasing your dream home? While the excitement is palpable, ensuring a smooth and worry-free homeownership experience goes beyond the aesthetic appeal of a property. In the final chapter of our homebuying series, we delve into the critical aspect of assessing legal risks associated with a property.

Title Deeds: Ensuring a Clean Chain of Ownership

One of the foundational checks involves scrutinizing title deeds. Guard against the risk of forged or fraudulent documents and discrepancies in the chain of ownership. These issues can compromise the property's marketable title and ownership rights.

Encumbrance Certificate (EC): Uncovering Hidden Hurdles

Undisclosed encumbrances pose a significant risk. Mortgages, liens, or attachments not reflected in the EC can lead to complications. Additionally, be wary of pending litigation or disputes not mentioned in this critical certificate.

Sale Agreements: Registering for Legality

Ensure that sale agreements are properly executed and registered. Non-compliance with statutory requirements or contractual obligations can be a legal stumbling block down the road.

Building Plan Approvals: Guarding Against Illegal Construction

Unauthorized or illegal construction poses a substantial risk. Be diligent in checking for deviations from approved plans or violations of building regulations to avoid legal repercussions.

Completion/Occupancy Certificates: Certifying Structural Integrity

Fake or non-obtained certificates can jeopardize your investment. Scrutinize these documents for any potential structural defects or deficiencies that might not have been identified during certification.

Property Tax Receipts: Clearing the Financial Hurdles

Ensure that property taxes are up to date and there are no pending arrears. Verify the assessment to guard against incorrect valuation or undervaluation of the property.

Lease Agreements: Mitigating Tenant-Related Risks

Unauthorized or informal leases pose a risk, as do disputes with tenants regarding rental terms. Thoroughly review lease agreements to prevent future legal challenges.

Joint Development Agreements: Navigating Landowner-Developer Dynamics

Be cautious of disagreements between landowners and developers. Ensure compliance with terms, such as obtaining necessary approvals and delivering promised amenities.

Litigation Documents: Uncovering Ongoing Legal Battles

Risks associated with unresolved or ongoing litigation, as well as adverse judgments or court orders, can impact your property. A careful review of litigation documents is imperative.

Property Survey and Demarcation: Preventing Boundary Headaches

Guard against boundary disputes or encroachments by conducting a thorough property survey. Ensure accuracy and consistency between physical boundaries and documented records.

Conclusion

In conclusion, while the allure of a new home is undeniable, a vigilant approach to legal checks is paramount. By addressing these ten legal considerations, you pave the way for a secure and stress-free homeownership journey.

Your dream home deserves not just your heart, but also your legal scrutiny for lasting peace of mind. And with Propsoch the stress of handling legal mess becomes quick to resolve. Our panel of legal experts who have years of experience in property law and management are here to guide you in every step of your home buying journey. All you are left to do?Book an appointment with us. Happy homebuying!