Buying a secondary home is not a problem, but it would be nicethis is not a place to lose! After all, situations can be different, and it is better to think about the consequences in advance. We discussed the most unpleasant possible cases with a specialist The deal is concluded, and you are living happily ever after. But suddenly, resuscitated owners, unknown heirs and sellers who have changed their minds appear. What should you think about before signing the contract, and what do you need to know if problems still cannot be avoided? Anastasia Dobrovolskaya answered our questions. Anastasia Dobrovolskaya, a lawyer in the field of real estate of any profile Educated at the Plekhanov Russian University of Economics and the Russian Presidential Academy of National Economy and Public Administration. She has 22 years of experience and has been in private practice for 17 years. — I bought a secondary home, but soon one of the sellers was declared insane and admitted to an appropriate clinic. Can the deal be canceled and I deprived of the apartment? — For this to be possible, the seller himself or his guardians must go to court. And prove that at the time of the transaction the seller was already insane, and after it was completed his living conditions worsened. It is important here whether he has other real estate and in which clinic he is. After all, it may be that the money received from the sale of the housing, the seller or his guardians spent precisely on improving his conditions - paying for the clinic, nurses, housing in another city. That is, first of all, they will have to prove in court that the sale of the apartment negatively affected the life and health of the seller, and he did not realize that this sale was harmful to him.
— One of the customers died —the next day after the purchase and sale agreement was submitted to Rosreestr for registration, and all parties to the transaction did not have time to receive confirmation of its legality. What should they do? - The heir of the deceased can receive the agreement from Rosreestr if he has a power of attorney. And if there is no power of attorney, the heir must contact a notary, who will make an official request to Rosreestr and receive the agreement. If the information about the transaction is confirmed, the notary will have the right to register the ownership in the name of the heir of the deceased buyer.
— I'm going to buy an apartment, butone of its owners, a 17-year-old teenager, is against it, while his parents are for it. Can a teenager challenge the transaction, despite the fact that he is a minor? - He has every right to do so. From 14 to 18 years old, a minor owner signs a purchase and sale agreement on an equal basis with adult owners, with the consent of one of the parents. Moreover, even if the child owner is under 14 years old (and he cannot sign the agreement, since his legal representatives act for him), but over 11, the guardianship authorities are obliged to call him and find out whether he agrees to sell the apartment. If the child is against it, the guardianship authorities may not give permission to sell the apartment. If, however, the parents nevertheless made the transaction without the child's consent, then upon reaching the age of eighteen, he has the right to challenge the transaction through the court if he can prove that it was made without his consent and his living conditions have worsened after the sale.
— I want to buy an apartment from a capable personowner, but he is unable to sign the documents himself due to disability. What should I do to ensure the transparency of the transaction and the inviolability of my apartment after the purchase? - For such cases, there is a notary service called "hand signer". This is an independent person who signs the contract for the seller and confirms that the seller really intended to sell the apartment and really cannot sign the contract himself. It is important that the "hand signer" does not have a personal interest in either party. In such a situation, you can also call a doctor to the transaction who will examine the seller.
— A few years ago I bought an apartment froma woman who inherited a home from her deceased husband. And now her husband, officially declared dead, has suddenly returned home. Can he get his apartment back? - Here you need to understand where the husband has been all these years. If he was absent not of his own free will, then he has a chance. But here it is important that he can demand not the apartment back, but part of the money that his wife received for its sale. Therefore, the relationship between the spouses will play a serious role and, of course, whether the full price that you paid for the apartment was spelled out in the contract so that the husband could demand his share from his wife. No less important will be the current living conditions of the returning spouse. And again, the husband will have to prove that he was really absent not by collusion with his wife, not of his own free will, but was out of reach for a serious reason beyond his control.
— An elderly woman offers meto conclude a life-long maintenance contract, according to which after her death I will become the owner of her apartment. At the same time, I undertake to take care of the woman for the rest of her life. Will her relatives be able to challenge this transaction and get the apartment? - They can try to do this, but it will not be so easy. The relatives will have to prove that you did not take care of the elderly woman and did not fulfill your obligations under the contract. Therefore, it is imperative to keep all receipts and keep track of all the expenses that you incur for your ward. You can also open an account for the person under your ward and transfer part of the funds there, you can receive monthly receipts from him that the ward is happy with everything, and just in case, it is worth having witnesses who will confirm that you really looked after, cared for and spent your time and money on this elderly woman.
— I want to buy an apartment from a person,who is on the verge of divorce. He is the sole owner of the apartment, which he moved into back in Soviet times, but privatized it only after he got married. The apartment has never changed owners. Will the second spouse be able to challenge the transaction after it is completed, if they still get divorced and he decides to lay claim to this apartment, considering it to be jointly acquired property? - Spouses have the right only to what was acquired during the marriage, that is, only to what was purchased. Privatized, gifted or inherited housing is not considered such. But there is one caveat! If both spouses made repairs to the apartment that they purchased before the marriage after it was concluded and both incurred costs because of it, then each has the right to claim half the cost of these costs. The repairs are already considered jointly acquired property, in this case an improvement or increase in the value of the apartment.
Remember that there are legal norms, but at the same timeEach specific situation is analyzed individually. There are many nuances that can affect its outcome, and sometimes it is necessary to take into account the smallest details. Therefore, it is so important to think carefully before entering into a transaction, and you should not neglect the competent help of a specialist.
Buying second homes: what dangers await you
