Requirements for real estate transactions

Experts are convinced that, regardless of the title documents for a property, it is impossible to insure against all types of risk. There are also “outsiders” among the documents establishing the right of ownership of residential premises. In our article, we will not consider forgery of documents and other cases of fraud, but will try to highlight the levels of “transaction danger”, relying on completely legal legal documents.

So, the most dangerous real estate transactions:

Inheritance

Buying an apartment received by inheritance is one of the riskiest (and most common) options for purchasing housing on the secondary market. You can inherit in two ways: by law and by will. Despite all the seemingly legality of owning a home that has been inherited by the owner, there are certain reasons that force us to call this basis for acquiring property one of the most undesirable in the real estate market.

The main risk is that, along with the apartment, the buyer can “buy” the claims of citizens whose rights were violated when receiving an inheritance. These may be citizens who have the right to an obligatory share in the inheritance, and heirs with another will drawn up later, which by law cancels the previous will in whole or in part that contradicts it (Article 1149, paragraph 2 of Article 1130 of the Civil Code of the Russian Federation). Risks may arise if these persons, for good reason, missed the six-month deadline for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation) and this period was restored by the court in accordance with paragraph 1 of Article 1155 of the Civil Code of the Russian Federation after you purchased the apartment.

The heir can accept the inheritance after the expiration of the period established for accepting the inheritance, without going to court, if there is written consent to this from all other heirs who accepted the inheritance (clause 2 of Article 1155 of the Civil Code of the Russian Federation).

What are the adverse effects

If, after you have purchased an apartment, an heir appears who claims the apartment or a share in the apartment received by the seller under the will, there is a possibility that a claim will be brought against you in accordance with Article 302 of the Civil Code of the Russian Federation to recover the property from a bona fide purchaser. This is also possible in the case where you did not know and could not know that the seller did not have the right to sell the property.

However, recently, courts, guided by the recommendations of higher authorities, have begun to refuse new heirs to claim inherited property from bona fide purchasers and recognize only the right to receive monetary compensation calculated on the day the inheritance is opened.

The income you receive from the use of the apartment is due to the declared heir as the owner of the property from the moment when you learned or should have learned about the illegality of your possession or received a summons for the owner’s claim for the return of the property (Article 303 of the Civil Code of the Russian Federation). Such income may include, for example, income from renting out an apartment.

If you demand an apartment in accordance with Art. 302 of the Civil Code of the Russian Federation, you have the right to demand from the owner compensation for the necessary expenses incurred on the property from the time the owner is due income from the property. You also have the right to keep the improvements you have made in the apartment if they can be separated without damaging the property. If such separation is impossible, you have the right to demand reimbursement of the costs of these improvements, but not more than the amount of the increase in the value of the property (Article 303 of the Civil Code of the Russian Federation).

How to avoid risks

How can you protect yourself? How to avoid unwanted problems? Before you buy an apartment from the seller who inherited it, pay attention to the following:

Title and title documents

It is necessary to carefully study the documents

and the history of the transfer of rights to the apartment, the circle of heirs.
It would not be superfluous to draw up a notarized statement on behalf of the heir -
the seller, stating that in the event of legal proceedings, the seller will satisfy all financial and property claims related to the apartment at his own expense.

Is anyone registered in the apartment?

This can be found out by requesting from the seller of the apartment an extract from the house register, which indicates information about the persons registered in the apartment.

Do other citizens have the right to reside in the apartment being purchased, granted to them by testamentary refusal?

If there is a testamentary refusal, you will purchase an apartment with a tenant, who will be practically impossible to evict (Clause 2 of Article 1137 of the Civil Code of the Russian Federation; Article 33 of the Housing Code of the Russian Federation), since a citizen who has the right of residence under a testamentary refusal does not lose the right to use residential premises if change of owner of this premises (paragraph 3, paragraph 2, article 1137 of the Civil Code of the Russian Federation). The right of residence by testamentary refusal can be registered in Rosreestr in accordance with Art. 33 Housing Code of the Russian Federation. You can find out whether you have such a right from the extract. This information can be reflected in the house register if a citizen who has the right of residence by testamentary refusal is registered at the place of residence in this apartment.

Is it likely that a citizen declared dead will show up and be restored to rights?

If you purchased an apartment from the heir of a citizen declared dead, and at the same time you knew that this citizen was alive, then you are obliged to return the apartment to him if the person declared dead turns up (paragraph 2, paragraph 2, article 46 of the Civil Code of the Russian Federation). If it is impossible to return the apartment in kind, you are obliged to reimburse its cost. In turn, you can demand from the heir who sold you the apartment compensation for losses in accordance with Article 15 of the Civil Code of the Russian Federation.

Is the apartment under arrest or pledged to the bank?

The mortgage of the apartment, as well as its arrest, are reflected in the corresponding entry in the Unified State Register of Real Estate. You can obtain information about the presence or absence of a pledge or arrest by submitting a corresponding request to Rosreestr (Article 19 of Law No. 102-FZ of July 16, 1998; Part 13 of Article 32, Part 1 of Article 62 of Law No. 218-FZ) .

What is the cost of the apartment indicated in the sales contract?

Taking into account the fact that in the event of a transaction being declared invalid, each party is obliged to return to the other everything received under the transaction (Clause 2 of Article 167 of the Civil Code of the Russian Federation), the buyer of the specified transaction must be returned the amount of money specified in the contract, in connection with which it is recommended indicate the real price of the contract.

Legislation in the field of real estate transactions

Legislation in the field of real estate transactions is constantly changing, amendments are regularly made to it, which is why it is better to entrust this matter to an experienced lawyer rather than deal with it yourself.

But, if you still decide to study the legislation in this area, we recommend starting with:

Housing Code;
Articles 153 – 181 of the Civil Code;
Federal laws No. 102, 122, 178, 214, 1541-1.

In addition, it is additionally worth familiarizing yourself with the land, tax and urban planning codes.

Starting July 31, 2021, new rules regarding electronic signatures in real estate transactions came into force. So, if the owner of a property has submitted documents for state registration and decides to certify them with an electronic signature, then he must submit a paper application to Rosreestr.

Donation

Another free way to purchase housing. Consequently, there is a possibility of facing a vindication claim (a claim for the recovery of property) against you by third parties whose rights are violated by this transaction (see “Inheritance”). When concluding a gift agreement, certain conditions are specified that require special attention. Namely, how the execution of the contract is confirmed (how the object should be transferred to the donee). Because before the transfer of the object, the donor has the right to terminate the previously concluded agreement and refuse the transaction. Even when the deal took place, i.e. the transfer of real estate to the donee has occurred, the donor can cancel it under certain conditions (prerequisites).

Types of real estate transactions

According to the number of parties, real estate transactions are multilateral, bilateral and unilateral. If we talk about the nature of the relationship, they are divided into gratuitous and paid. According to the time of entry into force, they are consensual and real.

Lawyers define the following types of real estate transactions:

Rent;
Donation;
Mortgage;
Purchase and sale;
Exchange; Privatization;
Inheritance.

Regardless of the type of transaction, the following requirements apply to it:

The transaction must comply with the will of the parties;
All participants in the transaction must be legally competent and capable at the time of conclusion;
The form and content of the transaction must be legal. If the number of parties is more than two, an agreement will be required.

In any case, real estate transactions are subject to mandatory state registration with Rosreestr. And all changes will be made to the EGRN (Unified State Register of Real Estate).

Annuity agreement (lifetime maintenance with dependents)

This option also cannot be called reliable, because such an agreement is usually concluded by an elderly person, and the question often arises about his legal capacity, which allows him to independently acquire any civil rights, as well as to assume and perform any civil duties (as in the case making a will). Naturally, potential heirs, having their own views on this property, can later challenge the rent agreement, proving the insanity of the rent recipient. Of course, as in previous cases, you need to carefully read the terms of the contract and make sure that it is properly executed.

The obligation to pay rent by the payer is secured by a pledge on property established in favor of the rent recipient (Part 1 of Article 587 of the Civil Code of the Russian Federation). The obligation of lifelong maintenance with dependents is terminated by the death of the annuity recipient (Article 605 of the Civil Code of the Russian Federation).

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More details

In this article we will try to understand the types of real estate transactions, consider the laws and institutions in which you can register ownership of a house or apartment.

Real estate transactions

Budget accounting, N 11, 2012 A.N. Krivenets

On the reflection in the accounting and financial statements of budgetary, autonomous institutions, as well as in the budget accounting and budget reporting of bodies exercising the functions and powers of the founder of the institution, transactions with real estate, in respect of which the institution does not have the right of independent disposal, and especially valuable movable property says A.N. Krivenets According to the provisions of Article 120 of the Civil Code, real estate and especially valuable movable property, in respect of which the institution does not have the right of independent disposal (hereinafter referred to as especially valuable property, OCI), includes: - real estate and especially valuable movable property, assigned to a state (municipal) autonomous institution (hereinafter referred to as the autonomous institution) by the owner of this property or acquired by the autonomous institution at the expense of funds allocated by such owner. The specified OCI objects in accordance with the Instructions for the application of the Unified Chart of Accounts for public authorities (state bodies), local governments, management bodies of state extra-budgetary funds, state academies of sciences, state (municipal) institutions, approved by order of the Ministry of Finance of Russia dated December 1, 2010 N 157n (hereinafter referred to as Instruction N 157n), reflected in the corresponding analytical accounts of accounts 4 101 10 000 “Fixed assets - real estate of the institution”, 4 101 20 000 “Fixed assets - especially valuable movable property of the institution”, 4 102 20 000 " Intangible assets - especially valuable movable property of an institution", 4 105 20 000 "Inventory - especially valuable movable property of an institution." In terms of OCI acquired using funds from income-generating activities before changing its type and assigned to an autonomous institution - on the corresponding accounts of analytical accounting of accounts 2 101 10 000 “Fixed assets - real estate of the institution”, 2 101 20 000 “Fixed assets - especially valuable movable property of the institution”, 2 102 20 000 “Intangible assets - especially valuable movable property of the institution”, 2 105 20 000 “Material reserves - especially valuable movable property of the institution”;

- especially valuable movable property assigned to a state (municipal) budgetary institution (hereinafter referred to as the budgetary institution) by the owner of this property or acquired by the budgetary institution at the expense of funds allocated by the owner of the property of the budgetary institution (the specified OCI objects in accordance with Instruction No. 157n are reflected in the corresponding accounts of analytical accounting of accounts 4 101 20 000, 4 102 20 000, 4 105 20 000. In terms of OCI acquired using funds from income-generating activities before changing its type and assigned to budgetary institutions - on accounts 2 101 20 000, 2 102 20 000, 2 105 20 000);

- real estate of a budgetary institution, regardless of the source through which it was acquired (according to Instruction No. 157n, it is reflected in the accounts 4,101,10,000, 2,101,10,000).

Didn't come out on time

It is dangerous to buy an apartment from a person who received an inheritance less than three years ago. The statute of limitations lasts three years, during which other heirs can lay claim to this living space.

If an apartment is inherited according to a will, there is no guarantee that it is the only one. Elderly people can write them “according to their mood,” and their relatives are forced to sort things out in court. In this case, the buyer of such an apartment may turn out to be the worst offender - the would-be seller must return the money, but collecting it is not so easy.