According to the current legislation, it is allowed to sell an apartment with residents registered in it. In other words, there may be registered persons in the apartment at the time of sale. Should a buyer consider such a property in the city of Kailua, and what might the purchase entail? The specialists of the hawaiitrustedrealty company tell you in detail!

Features of purchase and sale transactions
If suddenly a situation arises that, as part of the signing of the purchase and sale agreement, the buyer learns that third parties are registered in the apartment, then the following scenarios for the development of events are permissible:

Refusal to execute the transaction;
Requiring a preliminary statement from the seller;
Consent to buy an apartment with registered citizens.
Note that the last option is acceptable for the buyer only if it comes to temporary registration. After the expiration of the term (maximum - 5 years), citizens will not have a legal basis to stay in the apartment. To protect yourself as much as possible from all the negative consequences associated with transactions for the sale of apartments and houses in Kailua, contact the specialists from https://hawaiitrustedrealty.com/houses-for-sale-honolulu/kailua We conduct a comprehensive due diligence of all objects for legal cleanliness and offer our clients only safe facilities!

Rights of registered citizens
A relatively small percentage of buyers want to get in touch with real estate objects that have encumbrances. By the way, they can be divided into two large groups - official and hidden.The official ones are those that are registered in a number of transactions, for example, in the case of collateral for a mortgage loan. As for the presence of registered citizens, this refers to hidden encumbrances.
The change of the owner of the apartment is not the basis for the discharge of all registered persons. Therefore, in order to legally vacate the premises and save the buyer from possible future problems, the seller of the apartment is advised to resolve this issue in advance.

Note also that registration is of the following types:
Permanent registration;
Temporary registration.

The most difficult situation is with the first type. This situation creates difficulties for the buyer, because according to the law, registered citizens have the right to reside at the specified address, and the discharge procedure is possible only through the courts. Situations are especially difficult if there are minor children among the registered citizens. In this case, the buyer should ask about the future fate of the child. According to the law, the sale of an apartment and the release of a child are permissible only in those cases when he has somewhere to register immediately after the transaction is completed. Until the age of 14, this address must coincide with the place of registration and residence of the parents.

If suddenly, for some reason, the child is not discharged from the apartment, then it will be quite problematic for the new owner to do this. Even through the courts, it is not always possible to do this. As a result, until reaching the age of majority, the child will have the full right to use the property at the place of his registration.

Is it possible to sell an apartment with registered citizens?
The law does not prohibit the owner from making various transactions with real estate, if there are registered persons in it. It is assumed that the parties participating in the transaction must settle the issue of the extract and agree on everything on their own. In other words, the owner can easily sell the apartment and not dismiss anyone. This has absolutely no consequences for the seller.
The buyer can also consider buying an apartment that has officially registered citizens. However, here it is worth remembering the risks that such a transaction may entail - litigation, refusal to vacate the living space, wasted nerves.

The situation is somewhat different when an apartment is purchased using mortgage funds. Banks check all objects very carefully and strive to protect themselves as much as possible from all sorts of troubles. Therefore, with a high degree of probability, the financial institution will refuse to issue a mortgage loan.
The approval of a mortgage loan is possible if the people registered in the apartment are removed from the registration register before the conclusion of the main purchase and sale agreement.Extract of registered citizens from the apartment

If you are a seller of an apartment, then an extract for you is a fairly simple procedure that does not take much time and effort. The situation is different if you did not pay due attention to the legal cleanliness of the apartment and bought it together with registered citizens.

The easiest way is to try to resolve this issue peacefully, as a consequence of the agreement. If this option is not possible in your case, then you should contact the courts in order to resolve this issue. As practice shows, in quite a large number of cases the court makes a decision in favor of the new owners. That is, it makes a decision on deregistration. Exceptions are situations when minors are present among such citizens.