Pitfalls, risks for the buyer when buying an apartment by inheritance less than 3 years old

Buying an apartment received as an inheritance Risks.

There is another common scheme. During his lifetime, the owner of the apartment leaves a will to a distant relative, for example, due to poor relationships with close relatives. After death, close relatives enter into inheritance according to the law, but a distant relative does not know about the death of the testator at all.

The fact is that there is no single database of wills and notaries, when issuing an inheritance according to the law, are guided by the testimony of relatives who came to the opening of the inheritance. Relatives often, in a rush of profit, provide the information they need. In my practice, I have not seen anyone imprisoned for such a scheme; everything, as a rule, is resolved in civil law.

Therefore, many people use different schemes when inheriting property.

If in the history of the apartment there is an inheritance by law or by will, then it is better to buy such an apartment with a lawyer. It is with inherited apartments that there are the greatest legal risks, which even a qualified specialist cannot always detect.

In order to properly check such an apartment, you need to have legal knowledge, and also keep your finger on the pulse and be aware of the latest legal practice and newly adopted laws. Realtors often have neither the time nor the knowledge for this; they are not lawyers.

If in other aspects of the legal check everything is somewhat simpler and many realtors carry out such transactions “excellently”, then I sincerely recommend purchasing an apartment with an inheritance in its history through a lawyer. And that's why.

As I already said, it is not always possible to thoroughly check an inherited apartment, but there is still protection against invalidation of the transaction. In jurisprudence there is such a thing as a bona fide buyer of an apartment . And if the court finds that you are a bona fide buyer, then they have no right to reclaim the apartment from you.

In accordance with Art. 302 of the Civil Code of the Russian Federation, a bona fide purchaser is one who acquired an apartment for compensation, and also did not know and could not know that the seller of the apartment did not have the right to sell it.

The courts interpret the concept of a bona fide purchaser a little more broadly.

And to this concept the wording is added: “did everything possible to check the apartment and identify legal risks.” Ignorance of the laws does not exempt you from responsibility. in saying in court that you are not a lawyer and did not know what to check.

Judges treat such arguments coldly, since they hear them from almost everyone.

The judge needs to be convinced that you have carried out the entire possible range of legal due diligence, provide a legal report on the due diligence, certified by a certified lawyer, and provide all the documents on which the legal due diligence was carried out.

Only such actions characterize the buyer as a bona fide purchaser. Please note that the concept of a bona fide purchaser contains the words “did not know and could not know and took all reasonable measures !” Typically, in court, lawyers flaunt this.

Let’s say you buy an apartment from an improper seller and claim in court that “well, I couldn’t know that the documents that were provided to me were fake.” To which your opponent will say: “But you could go to Rosreestr and request an extract from Rosreestr and find out who is the owner of the apartment? “They could, therefore, you are not a bona fide buyer.”

For clarity, I will give an example from judicial practice, where the court reclaimed the property, and the argument that the buyer is a bona fide purchaser did not work for the reasons stated above.

APPEAL DECISION dated April 1, 2015 in case No. 33-7494/2015

Of course, buying an inherited apartment is a certain risk, but I would not completely exclude such apartments from the search! For many inherited apartments, it is possible to guarantee with 100% certainty that there are no risks. And the owners of such apartments are more willing to reduce the price.

Recommendations for purchasing an apartment with inherited property.

1.    Conduct the transaction with a lawyer.

The transaction itself can be conducted by a realtor, but in this case you must have a report on the due diligence performed, signed by a certified lawyer. A realtor who has attended a three-month course is not a lawyer! All verified documents must be attached to the report.

2.    Indicate the full cost of the apartment in the contract.

This is just not the case when saving on taxes is worth it. In general, transactions where the cost of an apartment does not correspond to market prices are contestable! Moreover, you cannot in any way be called a conscientious buyer.

3.    Draw up an agreement through a notary.

In accordance with the legislation on Notaries, the Notary is obliged to check the transaction for compliance with the legislation of the Russian Federation. The notary is responsible for his actions with all his property.

It is important that the lawyer conducts a comprehensive review of the transaction and does not limit himself to standard actions.

Remember that in accordance with paragraph 38 of the Plenum of the Supreme Court of April 29, 2010, the bona fide purchaser took all reasonable measures to clarify the powers of the seller .

Demand that the lawyer carry out the entire range of measures to identify possible risks (for more details, see our next articles).

4.    Request to the notary.

It is necessary to make a request to the notary who issued the certificate of inheritance, and even better, if possible, to familiarize yourself with the inheritance file. Thus, you will check the authenticity of the issued certificate of inheritance, and if you familiarize yourself with the case, you will check whether there were any violations in the inheritance of property.

5.    Consider apartments with an expired statute of limitations.

• The statute of limitations for voidable transactions is 1 year.
• For all others, the general limitation period is 3 years.
• The maximum period within which the limitation period can be reinstated is 10 years.

As stated in Article 181 of the Civil Code of the Russian Federation, the limitation period begins to run from the moment a person learns of a violation of his rights. This is the most slippery moment. Many may not know that their relative has died, or at least they will say so in court. From practice, I will say that it is not easy to restore the statute of limitations, and this cannot be done in all cases.

One could write an entire dissertation on the statute of limitations. If you don’t go into legal details, you can safely buy an apartment that was inherited more than 10 years ago. It’s good if the one-year statute of limitations has expired; excellent if the three-year limitation period has expired; and there is absolutely nothing to worry about if the ten-year period has expired.

Just don’t forget about the other legal aspects.)

1. In any case, I sincerely advise you to buy apartments with an inheritance at least after a one-year period!
2. I can give 3 arguments in favor of this statement.
3. 1.

Based on paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 and the above practice, we can conclude that if, after accepting the term for inheritance, a new heir is announced, and the apartment has already been sold by that time, then the new heir has the right only to monetary compensation . The period for accepting an inheritance is 6 months; in some cases it can be extended.

2. The limitation period for voidable transactions is 1 year. If you are a bona fide purchaser, then by waiting a year you will eliminate by 95% the possible risks associated with the loss of property rights. By waiting three years, you will remove the risks by 99%, and by waiting 10 years, you will remove the risks by 100%.

3. From the analysis of fraudulent real estate schemes, we can conclude that apartments under the gray scheme were sold within 1-3 months.

The longer the apartment takes to sell, the greater the likelihood that the real heirs or owners of the apartment will appear and the scheme will lose its meaning. So scammers are in a hurry to sell real estate as quickly as possible.

By waiting at least a year, you will largely protect yourself from loss of property rights.

6.    Title insurance against loss of title.

For those who are reinsured in everything, there is insurance in case of loss of title. The cost of such a service ranges from 0.2% to 0.5% of the cost of the insurance object.

If you decide to use this method of risk removal, then make sure that the insurance company, in turn, is reliable.

Well, in the end, I’ll add a little chaos to the strategy for buying inherited apartments described above. Although judicial practice clearly states that the apartment cannot be reclaimed from a bona fide purchaser, paragraph 1 of Art. 302 of the Civil Code of the Russian Federation states:

I will say right away that this article is not talking about heirs who did not know that they were heirs of apartments and their rights were violated. This article protects those who were the owner of an apartment, but, against their will, lost it.

To better understand this article, I’ll give an example: Let’s say you own an apartment and you decide to rent it out and go, for example, to India to live for a year or two. When you stopped receiving money for rented housing, you returned to Russia and found out that scammers had forged property documents and sold your apartment to a bona fide buyer.

In such a situation, the court most likely, on the basis of Art. 302 of the Civil Code of the Russian Federation will return your apartment to you, and the bona fide purchaser will only have to demand money from the scammers.

If someone, having learned about Article 302 of the Civil Code of the Russian Federation, gets scared and immediately refuses the inherited apartment, then I would hasten you not to do this! This risk applies to all apartments and is not unique to inherited apartments.

I specifically gave an example in which there was no talk of inheritance.

Moreover, there are ways to check forged documents and eliminate the risks associated with Article 302 of the Civil Code of the Russian Federation (this will be discussed in detail in the following articles).

Our company is ready to offer you a turnkey transaction. The transaction is carried out only by certified lawyers. We provide a written legal report and a lifetime warranty at competitive prices.

Pitfalls of inherited apartments and what you should know when buying them

Buying an apartment is a serious step in which the buyer sometimes uses all his financial resources. If a person resorts to a mortgage, then the loan becomes a burdensome long-term financial obligation. Therefore, every real estate transaction requires careful verification of documents before purchase.

What pitfalls exist when buying an inherited apartment will be discussed in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
 

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Difficulties when buying an inherited apartment

The new edition of Part 3 of the Civil Code of the Russian Federation has significantly expanded the list of persons who are allowed to be called to inherit. It now includes not only immediate relatives, but also children of siblings (nephews), as well as disabled dependents of the testator.

According to the inheritance law of the Civil Code of the Russian Federation, inheritance is divided into two types: by will and by law.

Buying an inherited apartment is a risky business because none of the methods of inheritance guarantee clarity in the inheritance case. Often, apartment sellers hide information about relatives with whom they did not want to share the inheritance.

It happens that the sellers themselves do not know about the existence of these relatives, for example, about children from a first marriage.

Sometimes problems arise in connection with transactions that were carried out with property before it was inherited:

• There are frequent facts of infringement of the rights of relatives due to their drunkenness;
• deprivation of a share of property in the process of privatization.

Attention! Any of the deprived heirs can go to court.

Contrary to popular belief, a will also does not protect the buyer from risk. There may be an heir with a different will, drawn up later. The later version will be valid. Other heirs of the deceased may challenge the will in court.

Notaries do not always have the opportunity to check the full circle of heirs and issue a certificate of the right to inheritance to persons who appear at the notary's office. An heir whose rights have been violated may, through the court, invalidate such a certificate.

The limitation period specified in the legislation (3 years) cannot be taken literally. The countdown of 3 years begins from the moment when the person learned or should have learned about the infringement of his rights. A person can live in another state and for many years not suspect that he is an heir.

In practice, there is no statute of limitations for inheritance. The newly emerged heir must present to the court a valid reason why he was unable to enter into the inheritance in a timely manner.

How to avoid problems

When purchasing an apartment that was inherited and became the property of the seller less than 3 years ago, the buyer’s risks are approximately equal to the risks of purchasing on the basis of any other document of title: gift agreement, purchase and sale agreement, rent, etc.

All types of contracts can be attempted to be terminated due to the fact that the seller at the time of the transaction was incompetent, misled, under duress, or the transaction was carried out on deliberately unfavorable terms.

With longer periods elapsed from the moment of registration of documents, a transaction with an apartment received by inheritance becomes riskier than other types of transfer of ownership.

On the other hand, over time, the likelihood of proving in court the weight of the reason for missing the statute of limitations decreases. You won’t be able to protect yourself one hundred percent, but you can eliminate the possibility of problems as much as possible.

First of all, you need to check the legal capacity of the testator and his right to the property. It is advisable to check the notary who executed the will and certificate of inheritance - there are still unscrupulous notaries.

It is also worth analyzing the legality of the heir’s rights and his legal capacity. The main issue remains the possibility of other persons claiming a share of the property, in addition to the owner of the apartment. It is also necessary to thoroughly study marriage and birth certificates.

Peculiarities. The likelihood of problems arising with an inheritance received from a mother is less than with an inheritance from a father.

Don't fall for scams

A certificate of inheritance issued more than 10 years ago may be the result of a criminal transaction, which were quite common. In addition, the rights of all property owners, especially those without legal capacity, may not have been taken into account.

If real estate is being sold under a general power of attorney issued to a realtor, it is worth checking the agency’s reputation, since the very existence of such a document is an indicator of a dubious transaction.

If doubts arise regarding the agency, but the decision is made to carry out the transaction, it is recommended to request a notarized statement from the seller confirming the rights of the representative , after the conclusion of the contract, but before the seller’s representative receives the money.

How to safely buy an inherited apartment

The purchase and sale agreement must indicate the full cost of the property being purchased. In the event of termination of the contract, it is the cost recorded in documents that will be subject to payment, and the buyer will be recognized by the court as being in good faith.

Attention! Indicating an incomplete cost of the apartment in the title document may turn against the purchaser.

Purchasing with a mortgage can provide additional security. Until the cost of the apartment is paid in full, it is pledged to the bank. If an unfavorable situation arises, the bank will participate in the legal proceedings using all its resources.

Title insurance (risk of loss of title) can significantly help in the event of contract termination. However, you need to foresee that the insurance company will also take into account the risks, so such insurance will not be cheap.

Full certification of the purchase and sale transaction by a notary and settlement through his deposit provide certain guarantees. In this case, the notary independently obtains the necessary certificates from the registers, ensures the legal purity of the transaction, and submits documents for registration to Rosreestr electronically.

Finally, if it comes to trial, this does not mean that the decision will affect the buyer of the apartment. In paragraphs 41 and 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated May 29, 2012 No. 9, by virtue of paragraph.

1 of Article 1155 of the Civil Code of the Russian Federation states that if the deadlines for inheritance were missed, and the property included in the inheritance is no longer the property of the heir who accepted it in a timely manner, the newly emerged heir can only claim monetary compensation.

Conclusion

Due to the opacity of any inheritance, a thorough check of all documents is necessary. If in doubt, it is safer to refuse the transaction with the inherited apartment. Both sellers and realtors are aware of the riskiness of purchasing such real estate, so you can safely demand a discount.

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Risks when purchasing an apartment by will (inheritance)

• The risks when buying an apartment by inheritance (will) are the highest, because the inherited housing, by law or will, the heir has the right to return through the court, leaving the buyer with nothing.
• Find out the list of risks when purchasing an apartment on the secondary market and how to avoid them if you decide to purchase real estate with similar characteristics.
• After reading the article, you will find out whether you should purchase the property you like or refuse the deal.
• Find out about the buyer's risks when selling an apartment by proxy

Risks when buying an apartment by inheritance

Sources of buyer risk when purchasing an apartment by inheritance:

1. Heirs who, six months after the opening of the inheritance, have not entered into or have not claimed their rights;
2. Fraudulent actions of apartment sellers who entered into inheritance and who deliberately did not notify the other heirs;
3. The risk of recognizing the apartment seller as an unworthy heir;
4. The owner’s spouse, after whose death the inheritance was opened, did not receive his share;
5. The presence of an heir who has an obligatory share in the opened inheritance;
6. Recognition of a will as legally void.

Any of the reasons listed above increase the risks of purchasing an inherited apartment.

3 years after the opening of the inheritance is the period of the highest risks of alienation of housing (limitation period of Art. 196 of the Civil Code of the Russian Federation)

3 years after the opening of the inheritance, the heirs lose the right to:

1. Claim your rights to the inheritance (share in it);
2. The right to reside or use services at the expense of housing.

However, the period begins to run from the moment they learned about the opening of the inheritance.

Risks when buying an apartment under a will

Buying an apartment under a will has the same risk due to the statute of limitations - 3 years

Many buyers and sellers are confident in the inviolability of the rights of the heir received in the will. Yes, when making a will:

1. The risk of claims from relatives is reduced;
2. The inheritance is distributed clearly, according to the shares specified in the will;
3. The number of controversial situations is reduced;
4. Property ownership is registered faster.

However, if the will does not clearly indicate the heirs, but contains a list of whom the testator excluded from them, the likelihood of disputes increases, as does the risk for the buyer of the apartment.

List of risks when purchasing a willed apartment:

• The will is contestable if it is proven by the court that the testator was incompetent or temporarily unaware of his actions under the influence of alcohol, drugs or stress, and also made a decision while under psychological pressure or the threat of physical violence;
• Additional orders of the testator under the right of 3 persons. For example, granting the right to live in an apartment for life and the heir is not deprived of this right even with numerous resales of housing;
• Heirs by law, who are protected by law, despite the orders of the testator (disabled parents, spouses, children, etc.);
• Fraudulent schemes of the seller of an apartment received under a will. For example, concealing legatees (people with the right to live in a home). Conspiracy with the priority heir or owner of the obligatory share or “black” realtors;
• Recognition of the apartment seller (heir) as an unworthy heir.

Cases of recognition as an unworthy heir:

1. If there are facts and evidence incriminating the heir in illegal actions aimed at obtaining or increasing his share of the inheritance;
2. The fact of failure to fulfill alimony obligations to the testator, if the obligations are provided for by law.

When you should not buy an apartment by inheritance

An apartment received by inheritance increases the buyer’s risks in the following cases:

1. Less than 3 years have passed since the opening of the inheritance;
2. An apartment received by inheritance or will is sold by proxy;
3. Third parties other than the heir-owner are registered in the apartment;
4. The seller did not provide a certificate of legal capacity, although he is of advanced age (over 70 years old);
5. The seller refuses to provide information that will help the buyer verify the “transparency” of the transaction.

Perhaps the only advantage when buying an apartment from heirs that pays off the risks is the opportunity to get a good discount.

An example from my personal experience:
While looking for a 2-room apartment in the Khrushchev-era building in the center to buy, I found a property with a fairly good location. During the viewing, I saw an apartment in a state of extreme disrepair with renovations 20-30 years ago. The realtor reported the price: 3,200 thousand rubles (this was 2013) and that the apartment was inherited.

Naturally, I told him about the risks, because... Only six months have passed since the registration of ownership by the heir and he said that for more than 2900 I would not consider buying it, he turned around and left.

Convinced that they would never call me, I managed to walk literally 300 meters from the apartment when the realtor called me back and informed me that the owner agreed to this price. I was taken aback and really didn’t know what to say for several minutes! Then he gathered his strength and refused the offer.

I am sure that there are almost win-win options for buying an apartment by inheritance and the buyer can take almost no risks, but this is easy to talk about with lawyers and other specialists who bear only moral responsibility for their advice.
Purchasing an inherited apartment is accompanied by major financial risks for the buyer and the cost of a mistake is not only financial, but also housing, especially if it is the only one.

In the next article, we will consider instructions for purchasing an apartment received by inheritance with advice and recommendations from a lawyer.

You have learned what risks the buyer faces when purchasing an apartment by inheritance (will). If you have any questions, ask your lawyer for free by filling out the special form below the article.

Buying an apartment from an heir: pitfalls

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Purchasing living space inherited is a deal that may seem tempting due to its low price. However, such an operation as buying an apartment from an heir also has pitfalls.

There have been many cases in judicial practice when other claimants to the testator's property challenged such transactions. Therefore, the risks when buying an apartment from an heir should definitely be taken into account.

Here are the most important points that a future property owner needs to know.

What problems may arise

When dealing with real estate inherited by the seller, disputes arise most often. After all, notaries who open inheritance cases do not look for all interested participants. They work only with citizens who themselves report their rights.

But often the six months allotted for searching for applicants for the property of the deceased is not enough. People may be deprived of the opportunity to receive their part of the inheritance for various reasons:

1. Completion of compulsory military service.
2. Staying for long-term treatment in a medical institution.
3. Serving a sentence for committing a crime.
4. Being in another city or another country.

If a person proves that he missed the statute of limitations for serious reasons, he can easily sue for his piece of property. The same thing happens when a testator disinherits one of his relatives who has the right to the necessary share.

There are also cases of outright fraud. Usually this role is played by the people who were the first to learn about the death of a relative who left an inheritance. If there is no desire to share with other applicants, they try to quickly sell the bequeathed property.

Somewhat less frequently, but still, cases of document forgery do occur. They forge everything they can: gift agreements, powers of attorney, wills .

Purchase of an apartment inherited by law

Since property can be transferred either by will or by law, each of these methods must be considered. First of all, this is inheritance according to law. It involves the division of all relatives depending on the degree of kinship, starting with close and ending with distant ones.

The very first candidates for the property of the deceased are those closest to them: children, parents, husbands or wives. In their absence, sisters and brothers, grandmothers and grandfathers become heirs. If there are no such people, uncles and aunts will be invited to inherit. But the following cases are also not uncommon:

• The owner of the apartment did not live with his husband or wife for many years, but there was no legal divorce. Everyone could have simply forgotten about the other half, and she had not been interested in the life of her ex-husband for a long time. But when a person learns about sad events, he comes to the notary’s office and declares his legal rights;
• The court finds one of the heirs unworthy. In this case, the entire inheritance, including the disputed apartment, is distributed among the remaining applicants;
• It turns out that the husband/wife or children of the testator died long ago, but there remained forgotten grandchildren who, for various reasons, could not report themselves.

When this happens, the situation usually turns out to be against the buyer. The court obliges him to release, as it turned out, illegally occupied square meters. It is not difficult to collect the money received for real estate: the court will be on the side of the unlucky new owner. But if the former owner spent them and there is nothing more to take from him, things take a bad turn.

Purchasing housing inherited by will

When an apartment is inherited by will, there is also a risk of unexpected claimants. This could be the husband, wife, mother and father, deprived of the ability to work, as well as the children of the deceased. They have the right to claim up to 50% of the property inherited by law, but they will have to pay compensation in the form of cash.

There are other options. For example, when establishing a will, its conditions will have to be fulfilled by the new owner of the property. Finally, it is worth considering that the will of the deceased will be discovered, drawn up many years ago. Even though everyone has long forgotten about him, the deprived heirs have the right to enter into a dispute, and the outcome of such a case is difficult to predict.

What you need to know about statutes of limitations

When concluding transactions regarding the purchase of inherited real estate, it is worth considering several points. Although Russian legislators set aside a six-month period for receiving an inheritance, claims can arise much later.

So, according to Art. 1155 of the Civil Code of the Russian Federation , you can go to court within six months from the moment when a person learned about the death of the testator. In addition, you will have to take into account the provisions of paragraph 2 of Art.

196 of the Civil Code of the Russian Federation , which gives Russians a maximum ten-year period to protect their violated rights. The only exceptions can be situations related to terrorism, but this is clearly not the case.

Risks in transactions with real estate inherited later than 3 years ago

The buyer of a home inherited less than 3 years ago will easily face additional danger.

In such cases, new owners are required to pay a tax of 13% of the cost of square meters.

Taking such a step is highly not recommended. New applicants may be found for housing stock that has been inherited for less than 3 years. If the contract is declared invalid, the new owner of the square meters will have to return them. An unscrupulous seller can give in return only the amount mentioned in the contract, and formally it will not be possible to present anything to him.

Concluding a contract by proxy: is it worth the risk?

Download a sample contract for the purchase and sale of real estate by power of attorney

Particular vigilance must be exercised if a representative by proxy from the seller wants to sell the apartment. Lawyers warn that such deals are especially risky.

First of all, you should be wary if they don’t want to introduce the buyer to the real seller . A person may be mentally ill, suffer from alcoholism or other diseases. Finally, he may simply be deceived during the sale of living space, and subsequently the concluded contract will be declared invalid.

In addition, the power of attorney can be unilaterally revoked or cancelled. In other words, it may be valid during the transfer of the deposit, but later it will be canceled. But it happens that a buyer, tempted by a low price, immediately pays the entire cost of the property.

If several heirs want to part with the apartment, then each of them must personally sign the purchase and sale agreement.

Also in practice, there are cases when all heirs choose one person authorized to represent their interests.

In such a situation, you need to carefully study what powers are granted to the principal: whether he has the right to sign the agreement and receive funds for the sold property.

How to reduce risks

Of course, one cannot give one hundred percent guarantees that a transaction with inherited housing will be problem-free. But you can use tips that will help reduce risks and get around sharp corners:

1. Do not be tempted by the low price, carefully check the documents and the history of the transfer of rights to the property. If possible, it is better to obtain from the seller a notarized statement that he undertakes to satisfy property claims at his own expense if they arise.
2. It is advisable to indicate the real cost of housing in the purchase and sale agreement. Otherwise, the court will take into account the price recorded in the documents during the proceedings. Even if there is a temptation to include a mythical amount in the contract, then transactions with inherited meters are not that case.
3. When purchasing a home that was acquired not just recently, but 5-6 years ago, the risks are significantly reduced. The likelihood that unknown people will appear on the horizon vying for an apartment is reduced to a minimum.

The verification of documents must be truly scrupulous. It is worth studying the history of the apartment in detail, looking at extracts from the house register and the Unified State Register of Real Estate .

Refusals of heirs are a special case . It happens that people who inherited real estate renounced their rights due to pressure or threats. Subsequently, they may change their minds and begin to fight for housing.

It would not be superfluous to inquire about the identity of the testator. It is advisable to obtain a copy of his death certificate, certified by a notary, because the person could simply go missing. It is also useful to contact passport specialists to find out whether the testator’s passport is among the lost ones.

It wouldn’t hurt to check the testator’s legal capacity: unfortunately, scammers don’t disdain anything, and a person who was declared dead may be in a psychoneurological boarding school.

If the deceased had one daughter and all the property was bequeathed to her, there is hardly any need to fear legal disputes. But if the testator has a common-law wife, with whom he has lived in recent years, this is a cause for concern.

Cheap doesn't mean good

Even if everything is in order with the documents, too low a price should also alert you. Unscrupulous sellers can be very convincing, justifying such an offer with an urgent move to another city and other family circumstances. But it is worth remembering that excessive gullibility and the dream of saving money can lead to serious losses.

To reduce the degree of risk, you can pay attention to the offers of insurance companies. Many of them are willing to insure the title. This means that if the purchase and sale transaction is declared invalid, the insurer will cover all losses. Of course, there will be a lot of hassle, but this is also a way to avoid losing your savings when purchasing inherited real estate.

Buying an apartment that a person inherited is a risky step. Before you make a deal, you need to weigh everything carefully. If the risk seems justified, you need to take safety measures to protect yourself as much as possible.

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How to protect yourself from the risks that accompany the buyer when completing a transaction for the purchase and sale of an apartment

Operations for the purchase and sale of premises intended for housing are often carried out in conditions of uncertainty: the potential owner does not receive complete information regarding the subject of the transaction, document flow and its implementation aspects.

The totality of these circumstances confirms that the buyer and seller involved in the legal relationship are exposed to a certain risk, due to which both parties may suffer a serious loss.

How to avoid mistakes when buying a home and not become a victim of unscrupulous real estate sellers? This will be discussed in our article.

Safety rules when buying a home

Transactions related to the purchase of housing are accompanied by a number of difficulties. How to formalize the purchase and sale of an apartment, so as not to become a typical victim of unscrupulous sellers and realtors, the potential apartment owner must pay attention to the following nuances:

• History of housing. When completing a transaction, the buyer must study the history of the residential property in as much detail as possible. Feel free to check with the sales specialist or owner about the following:
  • Who is the current owner of the apartment?
  • Who owned it before?
  • Is anyone currently registered in this living space?
  • How many unregistered residents lived here?
• Real estate documents . Before purchasing a home, you must ensure the authenticity of the documents provided. This procedure should be taken seriously: today one of the most popular fraudulent schemes is the use of forged papers. The list of documents for purchasing an apartment is here.
• Property Claimants . When buying a home, you need to take into account the human factor. For example, the presence of minor children living on the territory of the apartment being sold. The buyer needs to be sure that he is not violating their rights.
• Compliance of the condition of the housing with the documents. When checking for compliance, you should clarify points regarding the reconstruction of the apartment:
  • Did any illegal redevelopment take place?
  • moving communications to another location without permission from the management company?

Buying an apartment by proxy is always a risk for the buyer.

Pitfalls and nuances that are worth considering to avoid making mistakes

When selling living space, the main goal of the owner or his representative (realtor) is to receive money. In order not to get at your disposal an apartment option with conditions that do not correspond to the declared price, you should be careful and not make common mistakes.

Mistakes that become frequent companions of buyers.

1. Purchasing living space in a hurry . When choosing a new apartment, it is recommended to consider at least 10 options. This will help protect you from unnecessary expenses: there will probably be housing that is superior in all respects to what was previously offered and at a more attractive price.
2. Buying an apartment in the summer season . Autumn is the best time to select and inspect housing. This trick will reveal nuances that are hidden at first glance: problems with heating; make sure that the roof and walls are not leaking (if the apartment is corner), there is no dampness, etc.
3. View from the window . Many apartment buyers are especially concerned about the view from the window. If you are attracted by the presence of a forest park area nearby, then you should make sure that it will not soon be cut down and used for the construction of a high-rise building that will grow right in front of your windows!
4. Redevelopment . In legal practice, there have been cases when management companies filed lawsuits against apartment owners due to improper redevelopment. The reason for this is the implementation of this repair procedure and the neglect of its legality on the part of the previous owners. In order to avoid such a situation, the buyer needs to check the plan of the purchased apartment, described in the BTI passport, with the real layout.
5. Electricity supply . According to Russian housing legislation, when moving sockets, a special document must be drawn up - a project for the electrical supply of the apartment. If it is missing, then the newly minted owner will have to create it himself.
6. Inspection of the apartment in the evening . Some shortcomings of the apartment (for example, errors in the alignment of walls or ceilings, unevenly placed baseboards, etc.) cannot be seen under artificial lighting. For this reason, sales professionals advise inspecting homes during daylight hours.
7. Refusal of legal assistance . If you have any doubts about the legal purity of the apartment, you should seek help from specialists or abandon the transaction altogether.

When buying a home, you should not pay attention to the words of the realtor that after a few days the apartment will rise in price significantly! If a specialist tries to sell it in a hurry, then this is the first signal that something is wrong with the property.

When making large transactions, it is best to follow the advice of a competent lawyer (especially when drawing up a purchase and sale agreement).

Main types of fraud when selling an apartment: how to protect yourself

Today, apartment scammers use the following schemes in their practice:

• Multiple home sales . At the same time, scammers use fake documents and request payment upon completion of the notarial procedure for registering a transaction.
• Alienation of property using forged documents . Scammers sell rented housing by preparing false documents.
• Paying a deposit (advance) is the most common and commonplace fraud scheme. The “seller” asks the buyer for a deposit, with which he happily disappears.

Knowing how scammers deceive today and following simple recommendations, the buyer will be able to complete a transaction for the purchase and sale of an apartment without fear of the actions of scammers:

1. You need to seek help from an experienced specialist who will explain to the buyer all the nuances of the property purchase and sale agreement.
2. It is necessary to request from the seller all photocopies of documents signed by the potential owner.
3. Before concluding a deal, you need to find out as much as possible about the seller: how he is characterized by his neighbors, his place of work, etc.
4. When concluding an agreement, the buyer has the right to make adjustments to it. If the seller insists otherwise, then it is best to refrain from completing the transaction.
5. Favorable conditions for signing any contract are the presence of two witnesses. If fraud is detected, they will be able to confirm this in court.

What might happen to the purchase of an apartment that has been owned by the owner for less than 3 years?

Article 220 of the Tax Code of the Russian Federation regulates the procedure and conditions for the sale of an apartment owned for less than three years. Legal norms oblige the seller to pay to the State budget an income tax calculated from the sale of property if its value exceeds 1 million rubles (the tax amount is 13% of the cost of housing).

We remind you that from January 2016 a new law comes into force, according to which income tax will be levied on the sale of apartments less than 5 years old - details here.

Not every seller is willing to part with a taxable amount.

In this regard, unscrupulous owners may resort to some tricks: they persuade the potential buyer to indicate in the purchase and sale agreement an amount that is significantly lower than the real cost of housing (most often 1,000,000 rubles are indicated), and transfer the rest of the funds without documentary evidence. confirmation.

The amount of tax deduction established by law from the sale price of an apartment is 1,000,000 rubles. The result is predictable: the owner’s income from the concluded transaction is zero, and since there is no income, then no tax is levied on him.

For the buyer, tax fraud can result in serious problems, for example, a third party or the former owner himself initiated the termination of the purchase and sale transaction.

During legal disputes regarding the acquired real estate, this transaction may be declared invalid. As a result, the buyer receives only the 1 million rubles specified in the contract.

It will be extremely difficult to recover the remaining amount from an unscrupulous seller.

In order to protect itself from such a risk, the buyer must require a receipt from the seller indicating the non-contractual part of the amount. Evasion of income tax is criminally punishable, and a document (receipt) can act as evidence of fraud in court.

Typical risks when buying an apartment by proxy

A transaction for the purchase of living space by proxy may be accompanied by 3 main types of risks:

• Sale of housing using a fake power of attorney;
• Alienation of property under a revoked or expired power of attorney;
• Death of the owner on whose behalf the trustee acts.

In this case, the buyer must request a meeting with the owner of the apartment in order to find out the reasons why he cannot complete the transaction himself.

Reason to be wary: the intermediary is in a hurry to conclude the deal and prevents you from meeting with the owner of the apartment who issued the power of attorney. The correct reaction of the buyer is to refuse to purchase the property.

If several persons act as the owner (this practice is common when dividing an apartment into shares), then you need to make sure of their consent to the alienation of housing.

Contents of a true power of attorney

To be sure that the representative is acting under this power of attorney, it is necessary to check it for compliance with the requirements of the Legislation.

A genuine power of attorney must state:

• details of the principal (series and number of his passport, full name, place of registration and date of birth);
• information about the authorized person;
• address of the alienated object;
• signature of the person who issued the power of attorney;
• notary seal and certification inscription.

Risks when purchasing an apartment received by the owner by inheritance

There are cases when a buyer is offered to purchase an apartment inherited by the present owner from a third party.

It is important to know that the hereditary mass can be transmitted:

• along with debts;
• being in pledge (in this case, the heir has no right to dispose of the property).

The following problems also occur related to:

• Filing a claim in court to annul a transaction in connection with challenging the right to inheritance by persons not included in the circle of heirs;
• Encumbrance of the apartment . For example, housing is leased for a long term. The fact of a change in the owner of the property is not a sufficient basis for terminating the lease agreement early.

Check the legal cleanliness of the apartment before purchasing.

To protect yourself from the consequences associated with the purchase of such an apartment, the buyer must:

• find out information about the timing of inheritance;
• contact the notary who formalized the inheritance in order to assess the possibility of other heirs.

How to get a loan to buy a home and the categories of citizens who can take advantage of preferential loans. Rules for registration and a sample of a preliminary agreement for the purchase and sale of an apartment are here. From the same article you will learn why and in what cases you should conclude an agreement of intent for the purchase and sale of housing.

Is it possible to challenge the transaction?

In some cases, the buyer may act as the initiator of the transaction termination procedure, which means the termination of the purchase and sale agreement.

According to Art. 450 of the Civil Code of the Russian Federation, a transaction can be canceled on the basis of the following conditions:

• if the seller has committed serious violations in relation to the transaction;
• if the terms of the agreement contradict the norms of legal acts (regulatory legal acts) and the Legislation of the Russian Federation;
• in case of infringement of the rights of third parties (for example, heirs).

Cancellation of the contract can be carried out in two ways:

• pre-trial - by mutual agreement of the parties (seller and buyer);
• in court - if either party does not want to voluntarily terminate the contract.

Also, in order to avoid significant troubles associated with the alienation of an apartment by an unscrupulous seller, many buyers use the risk insurance service. Perhaps this is the most reliable way to protect against wrong decisions made in a hurry.

For additional information on this issue, please refer to the “Purchase” section here.