Risks when buying an apartment with minor children

• In contact with
• Facebook
• Twitter
• Classmates

When buying an apartment, you should carefully study its history. It is also necessary to find out whether there are registered minor residents, because if they are present, there may be a problem with their discharge, which will negate all the work on finding housing.

It is possible to purchase an apartment in which the owner’s child is registered. But it is necessary to take into account the provisions of the law:

Important: the transaction carries significant risks and may become contestable, and there is also the possibility of getting a tenant who is difficult (or impossible) to discharge before reaching adulthood.

If the child is not the owner, then the situation is less dangerous. The only task will be to discharge him. But if a minor has a proportionate share in the right, then his property rights can be restored through the court, contrary to the property interests of the new owner.

To check, you should obtain a fresh extract from the Unified State Register of Real Estate (USRN), which will provide information about the rights holders of the residential premises. If a minor is not included in it as an owner, then he does not have shares in the right.

How to purchase such real estate: step-by-step instructions

If a child lives in the apartment, then the transaction itself retains the basic legal requirements, but nuances are added to them.

Children under 14 years of age may live and be registered only with their mother. Sometimes it is allowed to place them in the father’s apartment. But without parents, their registration with grandparents and other relatives is not allowed.

Inspection of the premises

During the inspection procedure, if the property satisfies the buyer’s claims, he should ask for a package of documentation for the apartment. Based on the initial examination of the documents, you should pay attention to:

• whether the child is the owner of the apartment or share;
• whether the seller has minors living under his or her wards.

If these facts are discovered, permission from the guardianship authorities will be required to sell the home.

Obtaining permission from the guardianship authorities

For children of the owner who live with their parents, guardianship permission for sale is not required. An exception is cases when a minor has property, including in the form of a share in the right, regardless of its volume. The same applies to cases of registration of guardianship - the child under guardianship must have a guarantee of living in a living space together with a guardian.

The seller is obliged to contact the territorial office with an application. He must indicate that the interests of the minor are not violated by the transaction and provide justification. For example:

1. An apartment of a similar area will be purchased while maintaining the minor’s share in the right to the same extent.
2. The child’s money will be deposited into his personal account.
3. The new housing purchased in return will be more spacious and will allow the ward to have a separate room.

The buyer should note that the promises made by the seller will require fulfillment. If he does not fulfill them, the transaction will have to be declared void, that is, not entered into force.

Deregistration and their registration in a new place

extremely important that all registered citizens are deregistered before the sale of the apartment. This can be done immediately after the conclusion of the preliminary policy agreement. They can check out:

• at the new place of residence where they plan to live after the transaction;
• “to nowhere” if they are adults and do not have children.

It is critically important that mothers and children are discharged before the transaction is concluded. They can register with their parents temporarily while the sale and purchase takes place. After deregistration, the seller must take an extract from the apartment register and present it to the buyer.

Conclusion of a purchase and sale agreement

After preparing the property for the transaction, the parties draw up and sign an agreement. On behalf of minor owners or wards, their legal representatives act:

1. parents (adoptive parents);
2. guardians.

To confirm the right of representation, they present:

• your passports;
• children's birth certificates;
• guardian's certificate;
• a court decision on adoption, if this information is not included in the birth certificate.

Important: if wards live in the apartment or the child is the owner of the apartment or share, the deed of sale is signed on his behalf by legal representatives. In this case, the contract should be concluded with a notary.

In other cases, the transaction occurs as standard. If the parties draw up an agreement independently, then the seller should include language in the provision on the subject of the agreement stating that this transaction does not violate the rights of third parties. This wording relieves the buyer from responsibility for the subsequent fate of the children of the former owner of the apartment.

Registration of a transaction

After signing the agreement, the parties should contact the MFC to register it. Legal representatives approach the MFC on behalf of minors. If such a transaction was concluded and certified by a notary, registration takes place within 3 days. No fee is paid.

The process can take from 10 days to one month. The buyer will need to pay a fee for registration services in the amount of 2 thousand rubles.

If during the registration procedure the owner does not check out himself or the children, the buyer has the right to write to Rosreestr an application to suspend the procedure for 1 month.

If after this the deregistration does not occur, he should file a claim in court and submit information about the initiation of legal proceedings to Rosreestr.

Note: suspension of registration during legal proceedings is allowed for up to 3 months. By court decision, registration will be carried out or canceled, depending on the decision made.

main risk is the failure of the mother and child to be discharged after the transaction. In this case, he will face lengthy legal battles, the outcome of which is unknown. Even if the contract is declared invalid and terminated by a court decision, the buyer will need to receive the money in hand.

Practice shows that returning the full amount can take decades. If the buyer has committed himself to credit obligations, he will bear financial responsibility and costs to the bank.

Situations when deregistration is impossible

If a child lived with his parents before privatization, but did not receive his own share, it will be impossible to discharge him from the apartment. Moreover, he has the right to claim the right to use his share in the apartment until he reaches adulthood. This applies to cases where the seller has invested funds from maternity capital into the apartment. Children have the right to challenge their right to real estate. Also applies:

1. Single mothers who don't have property or parents to move in with. Such situations may place the court on the side of the child, whose rights cannot be violated.
2. If an abandoned child who was adopted by foreign citizens remains registered in the apartment.

In these cases, a child who has not been discharged will be registered in the living space until he reaches adulthood.

How to protect yourself?

The buyer should understand the legal requirements (see above) and ensure that the rights of minors are not violated. To do this, you should carefully check:

• extract from the Unified State Register of Real Estate;
• document of title, especially if it is a privatization agreement.

If children do not have property rights, a standard statement of parents and children before the start of the transaction is sufficient.

Before concluding a contract, the buyer needs to check the ownership rights of minors. If there is no such right, the seller must be required to register the family after concluding a preliminary DCT.

If you find an error, please select a piece of text and press Ctrl+Enter.

1. In contact with
2. Facebook
3. Twitter
4. Classmates

If there is a registered minor child in the apartment, is it possible to purchase and what risks may there be?

The main nuances of buying and selling an apartment with the participation of children. Consent of the guardianship authorities, participation of all family members when purchasing with maternity capital.

Any real estate transaction requires strict compliance with the rules and requirements of the law from all its participants. In this way, its participants insure themselves against possible cases of invalidation. This is especially true when there are minor children among them. A child under 14 years of age acts through his representatives and then participates in the transaction himself together with his parents.

This happens if the child is the owner of the apartment or its buyer. And leads to the collection of additional documents.

Buying an apartment with minor children

If the owner of the apartment being sold is a minor child, permission from the guardianship authorities is added to the standard package of documents for the transaction. They ensure that the rights of minors are not violated.

Consent can be obtained simply for the sale and then the proceeds are transferred by the buyer to the account of the minor owner. The amount specified in the agreement must correspond to the amount in the purchase and sale agreement.

In this case, the contract specifies the bank account where the money for the apartment being sold will be transferred.

A transaction in which a minor child acts as a seller is registered by a notary (Article 54 of Federal Law No. 218-FZ of July 13, 2015).

And therefore, the seller must be prepared to pay a state fee for certifying the contract of 0.5% of the value of the property, but not less than 300 rubles and no more than 20,000 rubles (Article 332.24, Part 1, Clause 5 of the Tax Code of the Russian Federation) and notary services.

Purchase procedure if you have children

Many people buy real estate using maternity capital. In such a transaction, the parents and all children act as buyers. And the apartment turns out to be shared ownership of all family members. The agreement is signed in simple written form and submitted for registration to the MFC.

A certificate for receiving maternity capital is attached to the standard package of documents. Money towards maternity capital will be transferred to the seller after the transfer of rights, when the new owners submit documents to the Pension Fund, within two months.

Until this time, the apartment is held by the seller as collateral by virtue of the law, which can be released only when the seller receives all the money.

Paperwork

If, instead of the apartment being sold, in which a share or an entire part belongs to a minor, new housing is purchased, then the consent of the guardianship authorities is attached to the transaction document, which specifies permission for the sale and purchase.

In order to obtain such permission, the following package of documents is submitted to the guardianship authorities:

• Title documents for old and new housing;
• Extract from the personal account;
• Certificate of registration and occupancy of the new housing;
• Extract from the Unified State Register of Real Estate for new housing.

Nuances when purchasing

There are several important points that must be taken into account when purchasing real estate with the participation of minors, otherwise the transaction may not go through.

Adults registered

If, at the time of the transaction, adults who are not its owners are registered in the apartment that you are buying with your children, then the contract must indicate the terms for their check-out and stipulate penalties in case of violation.

You should pay special attention to this issue, since in case of conflict situations you will have to issue them through the court.

The owners of the apartment have a registered minor child

When a minor child is registered in the purchased apartment, he is discharged to the living space in which one of his parents is registered. And it’s better to do this before entering a deal.

In this case, it is not necessary to obtain the consent of the guardianship authorities. You cannot discharge your child anywhere.

He will be discharged from the passport office only after he has provided a personal account from the new place of registration of one of his parents.

Possible risks

Transactions involving children are at high risk. Because in the event of a challenge, the courts take the side of the child if they decide that his rights are not taken into account or violated.

Therefore, you should pay special attention to the purchase of an apartment purchased with mortgage funds, in which there are minor children who are not the owners.

Perhaps part of the debt was repaid using maternity capital. And apartments registered as property under a privatization agreement.

If at the time of signing this agreement a child was registered there or was discharged shortly before, this may become a basis for challenging the transaction.

When purchasing real estate, it is very important to take into account and not infringe on the rights of a minor. The state, represented by the guardianship authorities and the prosecutor's office, pays special attention to transactions involving minors. Therefore, it is very important to comply with the entire procedure for purchasing a home specified in legislative acts, and also have the goal of improving the living conditions of minor children.

Useful video

Buying an apartment with a minor owner: risks, shares, mortgage, maternal capital

to ask a lawyer . It's free!

Purchasing a home owned by a Russian minor is a transaction that many buyers are wary of entering into.

Legislators do clearly regulate the conditions and procedure for the sale of housing owned by children. Before undertaking such an operation as buying an apartment with a minor owner, the risks must be foreseen.

It is worth understanding what the future home owner may encounter and how to try to avoid adverse consequences.

Features of purchasing real estate from a minor

The procedure for concluding transactions with real estate owned by a child is regulated by the norms of the Civil Code of the Russian Federation. The norms of the Family Code of the Russian Federation and Federal Law No. 48 of April 24, 2008 “On guardianship and trusteeship” also apply . According to these documents, the purchase of housing from a person under 18 years of age has the following features:

1. The set of papers collected for the alienation of housing must contain the consent of the guardianship authorities.
2. It is impossible to leave a child without his share of the property. Moreover, first the minor needs to purchase a new home, and only then can his apartment be sold.
3. If the child’s rights are violated, the contract may be invalidated even after a few years.

To ensure that the rights of a minor are not infringed, his share in the new living space must be no less than in the sold apartment. Another option is also possible. If the owner is a child and he has several apartments, the money for the sold housing can be transferred to an account specially opened in a bank.

Deregistration of children also has its own characteristics. No one has the right to discharge a minor without simultaneously registering at a new place of residence. Guardianship will also not allow discharge without indicating a new address.

Going to court in such cases is useless: the law here is completely on the side of the child, and the inconveniences that arise for the seller and buyer are a secondary matter. Therefore, the sale of objects owned by children sometimes takes a long time .

Stages of buying a home for a child

If you decide to buy an apartment in which a child is registered or is the owner, first of all you need to check all the buyer’s documents. As a rule, the parents of the minor are involved in the sale. It is necessary to find out on what basis the child received square meters. They could have come to him as a result of privatization, donation, or the conclusion of a purchase and sale agreement in his name.

The next step is to check whether the consent of the guardianship authorities to complete the transaction has been obtained. Despite the fact that parents apply for it, the future owner also has the right to be interested in how the process is progressing. Article 167 of the Civil Code establishes that in the absence of such consent, the concluded agreement will be considered void .

To obtain permission to sell housing, relatives of a minor provide the following documents to the social institution:

Payment of state duty when registering property rights

1. Application confirming the child’s purchase of other real estate.
2. Passports and birth certificate of the minor (if the child is already 14 years old, his passport will also be required).
3. Title documents for both real estate objects.
4. Certificate of family composition.
5. Technical documentation for housing being sold and purchased.

This list of documents is not final. Depending on the situation, government authorities may request other extracts and certificates.

After this, guardianship officers check the living conditions at the old and new place of residence. If they do not worsen with the purchase of a new home, the commission gives permission to conclude an agreement.

The inspection takes into account not only the size of the living space, but also the availability of amenities and the quality of repairs. A specialist from the guardianship authorities evaluates the layout, number of floors, and infrastructure of the area, and looks to see if there is a school for the child nearby.

When the seller is convinced that all documents are in order and the consent of the government agency has been received, you can proceed to the next stage - drawing up and concluding an agreement. After signing the agreement, it is submitted for registration to Rosreestr.

Find out more on the official website of Rosreestr in a special section on the procedure for paying state duty and other nuances of registering property rights.

Is it possible to sell housing purchased with maternal capital funds?

In order to protect the interests of minors, the state establishes restrictions on the sale of housing purchased using maternity capital funds. Alienation of such real estate is permitted only after the child reaches 18 years of age. This also applies to cases where square meters were purchased with a mortgage.

Since the seller is interested in concluding the deal as quickly as possible, he can claim that he did not use the capital to purchase the living space and did not repay the mortgage loan with this money.

To check whether this is really the case, you can ask to provide documents from the Pension Fund: a certificate of maternity capital balance, an unused certificate, or a certificate stating that maternity capital was not provided to these citizens. If Pension Fund employees refuse to provide such documents, it is worth trying to request them through the guardianship authorities.

What other possible risks?

When purchasing an apartment whose owner is a minor, or where the registered child is not the owner, the buyer may face unpleasant surprises. First of all, there is a risk that after a certain time the agreement will be declared invalid.

For example, sometimes parents and other legal representatives state in court that the seller with whom negotiations were conducted and who signed the papers was under 18 years of age at that time. If this is indeed the case and the transaction was concluded without the consent of the parents, it is invalid.

There are also cases when an unsuspecting buyer enters into a deal with parents who have been deprived of parental rights. When the deception is discovered, the contract is also invalidated .

The buyer in these situations has the right to a refund of his funds, but not everything is so simple. Unscrupulous buyers may no longer have money, and even collecting it in court becomes problematic.

The statute of limitations for filing claims in such cases is 3 years . But if it was missed for good reasons, the judge may well restore the terms.

A lot also depends on the personality of the realtor whom the parties contact. In Russia, uniform requirements for representatives of this profession have not been established, and each agency develops its own rules. To avoid becoming a victim of unscrupulous intermediaries, you should always enter into an agreement with an agency, carefully checking each of its clauses.

It’s worth asking in advance about the company’s history and reputation, going to its office, and reading reviews. Options should only be considered if you have a complete set of documents for each apartment. It is not worth paying advances until an agreement has been concluded with the owner of the property.

How to minimize risks

Despite certain risks when concluding such transactions, the buyer has the opportunity to minimize them. To do this, you need to consider several recommendations:

• It is better to check all documents provided by the seller with the help of an experienced lawyer;
• When negotiating with the seller, try to assess whether he really can and is going to buy another home for the child;
• With the help of government agencies, make sure that the parents of the minor were not limited in their rights;
• Do not buy a home if the child inherited it less than 6 months ago;
• If doubts arise about the honesty or qualifications of the realtor, terminate the contract and revoke the power of attorney. This can be done at any time;
• When the time comes to transfer money, use a letter of credit form of payment or a safe deposit box. This will help avoid loss of funds when canceling a transaction; The condition for issuing the amount from the cell should indicate not only the fact of registration of the transfer of rights, but also the purchase of a new home for the child, as well as its discharge.

If you want to provide all possible protection measures, you can enter into a home title insurance agreement. If problems arise and the transaction is terminated through no fault of the buyer, the insurance company will compensate for the losses.

Future home owners often wonder whether it is so scary to buy a living space if a child is its owner or is simply registered there.

There is no need to panic in advance, but buying such a property does require caution.

DO YOU HAVE ANY QUESTIONS? ASK OUR LAWYERS:

Risks when buying an apartment with minor children

Minors and guardianship authorities are another risk when buying an apartment.

During a transaction to purchase an apartment or house, the rights of minors may be violated.

Children may be:
• Share owners;
• Can be registered in the apartment;
• They could have been discharged and not registered anywhere by falsifying documents for new registration.

What is the risk? If such rights are infringed, the court may declare the transaction invalid, require the buyer to return the money (which can be very difficult and take a very long time to return), and you may be required to return the housing to the property of the seller, and first you return the apartment, and only then hope to receive it someday back your money.

The seller may declare that he has already spent the money received, but he owns nothing except an apartment for living with a child. In this case, he will give a small part of the salary for many years, it all depends on the work of the court and bailiffs.

What exactly is the risk when buying an apartment with minor children?

For example:

1. A minor child was registered in the apartment. You did not check the certificate from the passport office or the house register about the composition of the tenants and bought an apartment with a child registered in it. Now the child has every right to live in it and you are obliged to let him and his guardian in, despite the fact that the owner has changed.
2. A fake extract from the house register for the above item. Please check these statements personally.
3. The child has a share of the home ownership. This almost always happens when an apartment was purchased using maternity capital. Be sure to check the apartment before purchasing - request a certificate about the composition of the owners of the apartment from the MFC. It usually indicates the date of birth and share of ownership.

If the child is registered or is a shared (or ordinary) owner of the home, permission to sell the home will be required from the guardianship authorities.

Before buying, look at the seller’s passport: if he has minor children, then ask him for a similar certificate and double-check it by calling the guardianship authorities.

Additionally, you can ask the seller for some documents confirming that the child will have a place to live.

It could be:

1. An extract from the MFC on the composition of the owners of the new apartment in which the seller placed the child.
2. If the child is currently registered, for example, with his parents, husband or grandmother, request a fresh extract from the house register, which indicates that the child is now registered there. Remember that you cannot discharge a child without registering him at his new place of residence. Check through the MFC what kind of apartment it is, where the child is currently registered and who its owner is - perhaps the certificate was “bought for 3,000 rubles.” It would be a good idea to call the guardianship authorities and find out the details of this situation.

Briefly about what to do to avoid risks when buying apartments with minor children

So, what do you need to find out if you are purchasing an apartment from an adult?

1.  We look at his passport - are there any children?
2.  If there are children and they are minors, then ask where they are registered.
3.  Check your registration by obtaining an extract from the house register (from 14 years of age - registration is indicated in your passport).
4.  Also read the Family Code of the Russian Federation - articles 65,66 and 67.
5.  We require permission from the guardianship authorities to sell the home.

If something goes wrong, then do not take risks and do not buy this apartment, otherwise you risk “losing” your money and waiting for its return from the seller within 10-20 years.

Continue reading the article about other important risks when buying an apartment.

What are the risks of buying an apartment with shares of minors? — Pravoved.RU

100 lawyers are now on the site

Good afternoon

We really want to buy an apartment, but maternity capital was used when purchasing it. Now there are two minor children registered in it: 8 and 16 years old.

The owners want to buy an apartment in a new building, for which there are currently no documents, and perhaps there will not be in the next few months.

They want to give the children shares in it so that our deal can take place. They are not considering other apartment options.

Since we cannot wait that long, the owners offer the option of agreeing with the developer of this new house that they make a fictitious purchase and sale agreement for one of their other properties, which has already been commissioned and for which there are all the documents. They do not register children in it, but do this later, when the house and apartment they want is completed.

Question 1: how realistic is such a deal? What are the risks? Is it even worth considering this option? I don’t really understand the scheme they are proposing at all.

Question 2: what other options might there be in a situation like this? Is it possible to provide children with equal shares in cash? How will this money be used in the future?

Question 3: what general options can be offered to the seller in this situation? I really want this apartment.

Thank you in advance!

Online legal consultation Response on the website within 15 minutes Ask a question

Lawyers' answers (5)

Hello! 

I would not recommend considering this option.

When the parents managed the maternity capital funds and submitted the corresponding application, the pension fund could transfer the funds only if there was a notarial obligation of the spouses to allocate shares in the PURCHASED residential premises to the children.

Therefore, until they allocate shares to the children in this particular apartment, the obligation will not be fulfilled, and accordingly the transaction may be challenged. 

Rules for the use of maternity capital to improve housing conditions”, approved by Government Decree of December 12, 2007.

No. 862, Question 2: what other options might there be in a situation like this? Is it possible to provide children with equal shares in cash? How will this money be used in the future?

Parents need to allocate shares of property to their children, and not just register them in the apartment. After the allocation of shares, it will be possible to sell, but with the permission of the guardianship and trusteeship authorities.  

As a rule, as a condition for issuing a permit, the guardianship authority sets the acquisition by a minor of rights to residential premises “no worse and no less than before,” and in some cases it is sufficient to indicate in the resolution of the guardianship authority the mandatory acquisition of living space in the name of the minor and the submission to the guardianship of a sales agreement with inclusion of the appropriate condition in it (see also letter of the Ministry of Education of Russia dated June 9, 1999 No. 244/26-5 “On additional measures to protect the housing rights of minors”), and in others, guardianship requires that the child be endowed with the appropriate rights in advance, before issuance of permission, and the parent’s obligation to give the child a share in the future is considered insufficient.

Civil Code of the Russian Federation Article 37. Disposal of the property of a ward

2.

The guardian does not have the right, without the prior permission of the guardianship and trusteeship body, to carry out, and the trustee - to give consent to, transactions involving the alienation, including the exchange or donation of the ward's property, leasing it, for free use or as a pledge, transactions entailing renunciation of rights belonging to the ward, division of his property or allocation of shares from it, as well as any other actions entailing a decrease in the ward’s property.

The owners want to buy an apartment in a new building, for which there are currently no documents, and perhaps there will not be in the next few months. 

Certain difficulties may arise if the residential premises purchased in return do not yet exist - for example, if the apartment is purchased under a shared housing construction agreement.

In one of the cases, the guardianship authority refused to give a parent permission to sell an apartment in which her daughter had a share, since it considered that the acquisition of a shared construction project in a residential building under construction for a minor does not guarantee that she will have ownership rights to this object, but that the property built in As a result, the apartment may turn out to be smaller than specified in the contract, and the child’s housing rights may be infringed. The court, having carefully examined the contract, found that its terms, for non-fulfillment of which the law established appropriate liability, indicate the opposite; the guardian's argument about a possible reduction in the area of ​​the apartment when the house is put into operation is speculative; and the fact that the child does not acquire ownership rights in a newly acquired apartment simultaneously with the termination of her existing ownership rights to a residential apartment does not indicate a violation of her property rights and legitimate interests (see the appeal ruling of the Investigative Committee for civil cases of the Supreme Court of the Udmurt Republic dated August 29, 2012 in Case No. 33-2699). In another case, parents intended to sell an apartment with shares belonging to their children in order to build an individual residential building. In court, they presented evidence that they are conscientious parents: they have a job, a stable income, a vehicle, their places of work and residence are characterized positively, their children attend educational institutions, conditions are created for them to fully develop, so the court considered that they had no intention worsen the living conditions of the children, and the refusal of the guardianship authority to issue a sales permit is illegal (decision of the Blagoveshchensky District Court of the Republic of Bashkortostan dated April 25, 2011 in case No. 2-319/2011).  

Source: http://www.garant.ru/ia/opinio...

It's not entirely clear how they want to do this.

If I understand correctly, they first want to buy one apartment, in an already rented house, in order to allocate shares to the children, and then when they rent out the apartment they want to exchange.

In principle, it is possible, but firstly, they will most likely fall under significant taxation if the apartment is more than 1 million, and secondly, the guardianship will have to issue an order 2 times. 

Question 3: what general options can be offered to the seller in this situation? I really want this apartment.

First of all, sellers need to allocate children shares in the apartment being sold, purchased with mat funds. capital. Then obtain an order from the guardianship authorities to sell the apartment. Here you need to find out from the guardianship on what conditions they are ready to issue permission and, based on the requirements of the guardianship, think about possible options.  

• 10.0 rating
• 6276 reviews
• expert

Hello Ivan.

If the transaction is fictitious, it may be recognized as such in court, and in this case you will not have any guarantees at all, i.e. the risk is very high.

Article 170 of the Civil Code of the Russian Federation:

1. An imaginary transaction, that is, a transaction made only for show, without the intention of creating legal consequences corresponding to it, is void.

Question 1: how realistic is such a deal? What are the risks? Is it even worth considering this option? I don’t really understand the scheme they are proposing at all.

Ivan

Good afternoon. 

Ivan, this is a fraudulent scheme and I would not agree to such a scam.

Firstly, they are obliged to allocate shares in the apartment for which the mat was used. capital, then obtain the consent of the guardianship and trusteeship authorities for the sale and only if they receive such consent, then sell the apartment. Under these circumstances, they will not receive consent, which is why they invent the “bicycle”

How to buy an apartment from a minor owner. The main problems and nuances of an apartment with care

When purchasing a long-awaited home, the buyer sometimes does not think about what problems lie in wait for him if the owner of the apartment is a minor child, or he owns a share in the property.

In this article I will tell you what nuances you should pay attention to so that you can save your time and money in trying to prove the legality of the purchase and sale transaction and not lose the purchased home even after several years because If the court declares the purchase invalid, you will have to return the apartment to the rightful owner.

○ Features of purchasing an apartment from several owners including a minor

When buying an apartment, do not forget that a minor citizen, aged fourteen to eighteen years, who is its owner:

• By right of inheritance, despite the fact that the apartment (or part) may belong to him by will.
• Due to the registration of privatization, according to Art. 2 of the Law “On the privatization of housing stock in the Russian Federation” No. 1541-1.
• According to the purchase and sale agreement in the name of the child, by virtue of Art. 26 of the Civil Code of the Russian Federation can make transactions only with the written consent of legal representatives - parents, adoptive parents or trustee.

In addition, according to Part 2 of Art. 7 of Law No. 1541-1:

• “The contract for the transfer of residential premises into ownership includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with the minors, or minors living separately from these persons, but who have not lost the right to use this residential premises premises."

That is, when buying an apartment from owners who have minor children who have received the right of ownership by privatizing it, please note that children have every right to this home, and the law is very sensitive to the infringement of the rights of minors.

Return

✔ Permission from guardianship authorities

• Without permission for a transaction, in this case the sale of an apartment owned by a minor, or if he owns at least part of the living space, you will not be able to notarize the purchase and sale agreement.
• As a result, it is not recognized by government agencies and is considered committed in violation of the law.
• Definitely, when going to court, even several years later, when the child grows up and reaches eighteen years old, the decision will be made in his favor, and the likelihood is high that you will be left without a purchase.
• Return

✔ Buying another apartment for a minor when selling the previous one

Before selling an apartment, parents (guardians, trustees) must:

1. Apply with a document certifying the right of ownership of the home to the passport office, attaching your passports and the child’s birth certificate, if he is under 14 years old, or a passport to obtain a certificate of persons registered in the premises being sold.

   Important! Before completing the transaction, make sure that a child is not registered in the apartment.

2. Write an application for permission to alienate an apartment belonging to a child under 18 years of age, submitting identification documents (passports, child’s birth certificate) and ownership of the apartment being sold, a technical passport.

Since a minor cannot be discharged anywhere, documents for the housing purchased in return must be attached.

It is worth noting that in the event of deterioration of living conditions, including:

• Smaller square footage of living space.
• The condition is unsuitable for living in accordance with sanitary standards and other parameters; there is no need to create illusions that the guardianship authorities will close their eyes and give permission to sell the existing apartment, even if the child has no rights to it and only lives with his parents.

Since the apartment or its share belonged to a minor, parents and guardians, having sold the home, must take care of the child’s future place of residence.

Return

✔ What documents must be provided to the buyer

Having decided to buy an apartment, if you are satisfied with its location, layout, price and other nuances, do not rush to give money to its owner, even after seeing documents on the ownership of the property, especially for a minor child, despite the fact that the parents (persons representing the interests of the minor ) do not object and are even ready to give a written receipt.

You must make sure you have:

1. Documents confirming ownership of residential premises;
2. Certificates from the BTI about the appraised value of the apartment at the time of its sale;
3. Cadastral plan (technical passport) of real estate;
4. Personal accounts or a single housing document and a certificate of absence of debts for utilities;
5. Written consent of the parents, certified by a notary for the sale of the apartment, if it belongs to their minor child;
6. Permission from the guardianship authorities to complete the transaction.

Return

○ Possible risks

✔ Recognition of the transaction as invalid after several years

1. After a while, you may be faced with the fact that the parents, adoptive parents, trustees of the person from whom you bought the apartment filed a lawsuit to declare the purchase or sale invalid.

2. They can substantiate their demands by the fact that at the time of execution of the transaction, despite the fact that the apartment by right of ownership belonged to the person with whom you negotiated and signed the documents, was under 18 years of age (even a day before the age of majority).
3. The signed agreement will be considered illegal if there was no consent.

In accordance with the norms of clause 2 clause.

Clause 4 of Article 178 of the Civil Code of the Russian Federation, you, as a buyer, can also make demands for recognition of an illegal transaction if you were mistaken regarding the person associated with the sale of the apartment.

For example, when buying real estate where a minor was registered, you signed an agreement with the parents, not suspecting that they were deprived of parental rights.

Based on clause 2 of Art. 179 of the Civil Code of the Russian Federation, a transaction made fraudulently can also be declared invalid by a court decision in favor of the victim.

For example, before selling an apartment, parents registered the child with his grandmother, hiding the fact that during the privatization of housing, part of the living space was registered in the name of a minor teenager.

Please note that according to Part 1 of Art. 196 of the Civil Code of the Russian Federation, the total period calculated for filing claims is three years, but the plaintiff can ask the court to restore this period, if there is significant evidence, good reasons why he did not apply in a timely manner.

Return

✔ Unscrupulous realtor

• Unfortunately, honor and conscience are not an integral feature of agents involved in real estate purchase and sale transactions, especially since in our country the status of a realtor does not have a legitimate status.
• As a result, there are no uniform requirements for this type of activity, and agencies are guided by the rules of the charters they themselves developed and approved.
• There are often cases when you can become a victim of scammers or so-called “black realtors”.
• To avoid getting into trouble, pay attention to basic things:

1. A conscientious realtor must conclude a bilateral agreement with you, which stipulates all the conditions and responsibilities of the parties.

2. An honest agency representative will not hint at the possibility of discounting commission rates, since otherwise he is simply going to deceive his employer. Whether you can trust such a person is up to you to decide.
3. Low prices also raise suspicion if the agency is not just starting out.

   But it is still safer to contact real estate agencies with a proven reputation.

4. Please note that the agency cannot be the owner of the property you want to buy.
5. Consider options for purchasing an apartment only if you have a package of necessary documents for it.
6. You should not give advances until an agreement has been drawn up with the owner of the property.

I hope these tips and your vigilance will help you avoid being scammed when buying an apartment.

Return

○ How to avoid risks

✔ Check ownership documents

Before you sign an agreement to purchase an apartment and give a deposit to its owner in order to be sure that he will not sell it to anyone, first of all make sure that you have documents confirming ownership of the property and their authenticity.

If agreements establishing ownership rights are:

• Purchases and sales.
• Donations.
• Exchange, on the back of the original document there must be an imprint of the blue seal of the Federal Reserve System, where they were submitted for registration, otherwise you simply will not be able to formalize the transaction legally.

1. The apartment registration certificate must be on stamped paper with a unique number, without blots, corrections or other defects.
2. In addition, you will be able to see the presence of encumbrances and restrictions, but do not forget here that they are indicated at the time of registration of the certificate, so changes could occur depending on the statute of limitations.
3. Return

✔ Check documents for the purchase of other housing for a minor

• You can ask the previous owners of the apartment to show documents confirming the child’s living space, or a certificate of registration of persons in the apartment at the time of the transaction.
• In addition, if the apartment is owned by a minor, there must be permission from the board of trustees to alienate the property, which is issued only if there is an alternative option and confidence that the minor will not end up on the street or in conditions unsuitable for living.
• Return

✔ Use the help of realtors

1. Despite the fact that by contacting a real estate agency to purchase a new home, you may run into additional troubles; you should not neglect the services of a realtor if he was recommended to you by good friends who were satisfied with the work of this company.

2. Firstly , in complex transactions, which include the purchase of an apartment, if the owner is a minor, or a child who is not yet 18 years old lives in the apartment with parents (persons replacing them), all the “problems” with checking and preparing the necessary The package of documents will fall on the agency representative.
3. Secondly , you will save a lot of time, which you will spend in the process of searching for an option that is suitable for you.
4. Thirdly , with a correctly drawn up contract for the provision of services, the realtor can be held liable for dishonest performance of obligations.
5. Return

○ Advice from a lawyer:

✔ We bought an apartment from a minor, but after a few years the deal was declared invalid, is it possible to return the money?

Of course, you can get your money back by referring to the provisions of paragraph 3 of Article 157 of the Civil Code, which provides for the obligation of the parties to return everything received under a transaction declared invalid.

To do this, you need to file a counterclaim with the owner of the apartment from whom you bought it. After all, it was he who received the money, despite the fact that at the time of the purchase and sale he was under 18 years old and his parents or guardians could act on his behalf.

You can draw up an application yourself, but it is still better to seek help from an experienced lawyer who can also represent your interests during the hearing.

Return

✔ When purchasing an apartment, the realtor did not check the necessary data, is it possible to refuse the services of this agency

• Despite the written contract concluded with the agency, you still have the right to terminate your business relationship with them at any time.
• You can send them a written notice by registered mail that you refuse their services and revoke your power of attorney (if given) to carry out transactions on your behalf.
• If you made an advance payment, ask for it to be returned voluntarily, otherwise you will be forced to turn to the judicial authorities for forced collection of funds, which is fraught with additional costs for the agency, including attorney fees.
• Return

Risks when purchasing apartments with minor owners. Dmitry Ovsyannikov reports.

Return

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal