The documents we check before a deposit is paid

In Baku a flat sale usually starts with a deposit (beh): the buyer pays part of the price to confirm the agreement, then the contract is signed at the notary. The deposit agreement must be in writing. Under the Civil Code, if the deal falls through because of the party who paid the deposit, the seller keeps it; if it falls through because of the party who received it, they repay double. That is why the documents are checked before the deposit.

Ownership and encumbrances

• The extract from the State Register of Real Estate: the seller’s name must match the passport, and the area and address must match the flat.
• Seizures and mortgages: the property must not be pledged to a bank or under a court seizure. We get a fresh extract a few days before the deal.
• Joint ownership: if the flat was bought during a marriage, the spouse’s notarised consent is needed. If a minor owns a share, the guardianship authority’s permission is required.
• Sale under a power of attorney: we check with the notary that it is notarised, still valid and not revoked, and we hold a video call with the owner.

Registered residents and debts

• We check who is registered as living at the flat. The seller must have them deregistered before the notary, and this goes into the agreement.
• We ask for the latest gas, power and water bills so no debt passes to the new owner.
• Layout: if the plan in the extract differs from the flat (a wall removed, a balcony joined to a room), we tell the buyer in writing; a mortgage bank will see it at the valuation.

In a new building

In a new building whose extracts have not been issued yet, you buy the flat on a contract with the developer. Here we check the developer’s building permit, whether the building has been accepted for use and when the extract will be issued. A flat without an extract cannot get a state mortgage.

For our listings this check is free. For a flat you found elsewhere our lawyer does the same check for 150 ₼.