Buying a secondary home is not a problem, but here it would benot to lose this home! After all, situations are different, and it is better to think about the consequences in advance. We discussed with a specialist the most unpleasant of possible cases. The deal was concluded, and you live happily ever after. But suddenly revived owners, unknown heirs and sellers change their minds appear. What do you need to think about before signing the contract, and what do you need to know if the problem still could not be avoided? Anastasia Dobrovolskaya answered our questions. Anastasia Dobrovolskaya, real estate lawyer of any profile. She graduated from the Plekhanov Russian University of Economics and the Russian Academy of National Economy and Public Administration under the President of the Russian Federation. She has 22 years of experience and has been in private practice for 17 years. - I bought a second home, but soon one of the sellers was declared insane and put in the appropriate clinic. Can they cancel the deal and deprive me of my apartment? - To make this possible, the seller himself or his guardians must go to court. And to prove that at the time of the transaction, the seller was already insane, and after its completion, his living conditions worsened. It is important here whether he has other real estate and which clinic he is in. After all, it may be that the money earned from the sale of housing, the seller or his guardians spent just on improving its conditions - paying for a clinic, nurses, housing in another city. That is, first of all, they will have to prove in court that the sale of the apartment had a negative impact on the life and health of the seller, and he did not realize that this sale was harming him. 
- One of the buyers died - the next dayafter the sale and purchase agreement was taken to Rosreestr for registration, and all participants in the transaction did not have time to receive confirmation of its legality. What should they do? - The heir of the deceased can obtain an agreement in Rosreestr if he has a power of attorney. And if there is no power of attorney, the heir needs to contact a notary who will make an official request to Rosreestr and receive an agreement. When confirming the information about the transaction, the notary will have the right to register the ownership of the heir of the deceased buyer. 
- I'm going to buy an apartment, but one of herthe owners, a 17-year-old teenager, are opposed, while his parents are in favor. Can a teenager challenge a deal despite being a minor? - He has every right to do so. From 14 to 18 years old, the minor owner signs the purchase and sale agreement on an equal basis with the adult owners, with the consent of one of the parents. Moreover, even if the owner-child is less than 14 years old (and he cannot sign the contract, since his legal representatives act for him), but more than 11, the guardianship authorities are obliged to call him and find out whether he agrees to sell the apartment. If the child is against, then the guardianship authorities may not give permission to sell the apartment. If suddenly the parents nevertheless made a deal without the child's consent, then with the onset of the eighteenth birthday he has the right to appeal the deal through the court if he proves that it was made without his consent and the conditions of his residence after the sale have deteriorated. 
- 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 integrity of my apartment after purchase? - For such cases, there is a notary service "hand applied". 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 “handler” has no personal interest in any of the parties. And in such a situation, you can call a doctor for a deal, who will conduct an examination of the seller. 
- Several years ago I bought an apartment from a woman,who inherited her home from her deceased husband. And now her husband, officially dead, has suddenly returned home. Can he get his apartment back? - Here you need to understand where my 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 selling it. 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. The current living conditions of the returned spouse will be no less important. And again, the husband will have to prove that he was really absent not by conspiracy with his wife, not of his own free will, but was out of the access zone for a serious reason beyond his control. 
- An elderly woman invites me to concludea contract of life support, according to which, after her death, I will become the owner of her apartment. In doing so, I pledge to care for the woman for the rest of her life. Will her relatives be able to challenge this deal and get an apartment? “They can try to do it, but it won't be so easy. Relatives will have to prove that you did not care for the elderly woman and did not fulfill your obligations under the contract. Therefore, it is imperative to keep all receipts and keep a record of all the costs that you incur for your ward. And you can also open an account on the person you are guarding and transfer part of the funds there, you can receive monthly receipts from him that the person you are guarding is happy with everything, and just in case you should have witnesses who will confirm that you really looked after, cared for and wasted your time and money for this old woman. 
- I want to buy an apartment from a person whois on the verge of divorce. He is the sole owner of the apartment, which he settled in during the Soviet era, but privatized it only after he got married. The apartment has never changed owners. Will the second spouse be able to challenge the deal after its completion, if they do get divorced and he decides to claim this apartment, considering it jointly acquired property? - Spouses have the right only to what is acquired in marriage, that is, only to what is bought. Privatized, donated or inherited housing is not. But there is one caveat! If both spouses made repairs in the apartment, which they purchased before marriage, after marriage, and both incurred costs because of this, then everyone has the right to claim half the cost of these costs. Repair is already considered jointly acquired property, in this case, an improvement or increase in the value of the apartment. 
Remember that there are norms of the law, but at the same timeeach specific situation is dealt with individually. There are many nuances that can affect its outcome, and sometimes you need to take into account the smallest details. Therefore, it is so important to think carefully before entering into a deal, and do not neglect the competent help of a specialist.
Buying second homes: what dangers await you
