Sale of an apartment acquired by inheritance. What to look for when buying an inherited apartment? Appeals to the police, prosecutor's office

Transactions related to the purchase and sale of real estate are not uncommon today; but buying an inherited apartment is still less common. You should not be afraid of this, but it will not hurt to take a closer look at the process of registering real estate in ownership!

Buying an apartment by inheritance: problems that may arise

The main problem when purchasing an apartment that was inherited is that along with real estate you can “acquire” property claims of persons whose rights were violated during the “distribution” of the inheritance.

As a general rule, inheritance occurs by law and by will. If the testator did not leave any will, then several queues of heirs "enter" the case. The first who can claim the inheritance are the closest relatives of the deceased - children, parents, spouses.

In practice, the following situations may occur:

• The deceased did not live with his wife, but did not officially formalize the divorce, although she was not included in the number of heirs of the first stage, and she herself did not come to the notary, since she did not know about her husband's death.
• All the testator's children are dead, he has no other close relatives; accordingly, the inheritance is distributed among the heirs of the second order. But the children who died have grandchildren who learned about the inheritance. They are entitled to receive it by right of representation.
• The most interesting situation can happen when the heirs are announced according to a will, which was drawn up so long ago that the deceased himself did not remember about it; but despite this, it is legal. Accordingly, the opposite situation is also possible - when there is a will, but dissatisfied heirs according to the law begin to challenge it.

In fact, there are quite a few such situations. Therefore, if you nevertheless decide to purchase an apartment received by inheritance, be prepared for the unexpected.

This is due to the fact that notaries do not have to check the circle of heirs, that is, they "trust" those who have declared their right to enter the inheritance.

In addition, the legislator implies that the period of 6 months, which passes from the death of a citizen to the opening of the inheritance, is quite enough for everyone who wanted to “show up”.

And if we are talking about those who live abroad or are serving sentences? They will physically not be able to arrive in such a short time due to objective reasons.

In addition, despite the fact that the law tacitly establishes "priority" in inheritance issues over the will, there are categories of citizens who are entitled to a share in the inheritance. These include: minor children, disabled parents of the deceased, etc. Therefore, even if the will is drawn up correctly, but such "relatives" appear, the court is obliged to allocate them a share, albeit in an already sold apartment.

In addition, there may be cases when the seller is recognized as an unworthy heir in accordance with the law. And, in spite of the fact that the deal is almost “finished”, the apartment is returned to its “rightful” owner.

It turns out the following: a dissatisfied citizen submits an application to the court, the court satisfies his claim and the new owner needs to vacate the premises. Of course, he can demand money from the seller, but, as a rule, they have already been spent. There remains hope for the work of the department of bailiffs and that the former seller has any property or deposit that can be "converted" into money.

But that is not all! In accordance with the legislation, if the property is owned for less than 3 years, then upon sale tax is paid for this; amounts up to 1 million rubles are not taxed. Accordingly, the seller tearfully asks you to indicate exactly this amount in the contract. You follow his lead and write whatever he wants. What's the difference to you? And there is a difference. In the event of litigation and "recall" of your apartment, you can only claim back the amount specified in the contract.

And, finally, the third possible "negative" scenario. In the will, the testator issued a testamentary refusal: yes, he transfers the ownership of the apartment to his son, but he must grant the right to use it to his mother until the end of her life. So the situation turns out: you buy an apartment ... and there is also a mom as a gift!

How to avoid buying problems?

Before signing a purchase and sale agreement, it is necessary to study the entire "history" of the apartment.

This can be done in several ways:

• Get an extract from the USRN. This register contains information on all real estate transactions since 1998. In addition, from such an extract, you can get information about all the encumbrances imposed on the apartment.
• Request a certificate of registered persons from the owner.
• Talk to neighbors.

Next, we are interested in the "fate" of the inheritance and all the applicants. If the deceased had one son, and all the property went to him, then litigation in this case is unlikely to be, but if all the property is bequeathed, for example, to the common-law spouse, with whom the deceased lived in recent years, then you should think about it!

You also need to make sure whether there really were testamentary waivers from the inheritance, as the seller of the apartment claims. This information can only be obtained from a notary office.

If there are several heirs, then in the purchase and sale agreement, everyone signs for himself. In practice, a situation is possible when the heirs draw up a power of attorney for one person with the right to represent their interests. Then you need to check the content of the power of attorney and pay special attention to what "actions" are allowed to the representative: for example, whether he can sign an agreement and receive money under it.

Do not forget to verify the identity of the seller himself: is he really who he claims to be? To do this, you can contact the passport office.

But this is not the main thing either. The most important thing to start from is to certify the fact of the death of the owner of the apartment. It is possible that he simply disappeared or is on a long business trip. Therefore, ask the seller for the original death certificate or court decision (if presumed deceased).

Fraudsters: What to Fear?

The simplest thing that scammers can do is forge a will. To certify this fact, you can contact a notary.

Very often dishonest citizens present an agreement of donation, exchange, etc., according to which the deceased managed to “transfer” the property to them before death. But in most cases, these documents are fake.

Consider the following diagram: a distant relative (a tenant, a neighbor, etc.) suddenly starts to "look after" an elderly person. The fraudster fraudulently signs a general power of attorney for the right to dispose of the apartment. After the death of the owner, until the inheritance of the rest of the relatives, the swindler "gets rid" of the apartment, reselling it to third parties, and he disappears. Subsequently, all lawsuits will be conducted with the new owner, since the fraudster has already disappeared!

And, finally, the “blackest” scheme is when a citizen is forced to write a will in favor of a third party, and then they get rid of it.

The apartment is inherited: to buy or not?

Very often there are situations when several heirs refuse the inheritance in favor of one citizen. In this case, you can find out the reason for the refusal: is everything as good as it seems at first glance?

In no case do not lower the price for an apartment, even if the seller tearfully asks you about it. Always consider the "worst" option: it is possible that the heirs will "show up" and the apartment will be taken away from you. What refund will you get then?

Don't know your rights?

There is one more way to reduce the risk of losses: to insure the transaction with the so-called "title insurance". That is, if you lose your right to real estate, the insurance company will be obliged to reimburse you for all costs.

By the way, about the price! Won't you be alerted if the apartment will cost 20% less than the average cost of similar real estate in the region? And it should alert! Although unscrupulous sellers can justify such urgency by the need to leave for another city, urgent payment for the operation, etc.

Power of attorney! What risks are expected from this side?

At first, do not agree to a sale and purchase transaction by proxy if they do not want to acquaint you with the owner for various reasons (illness, business trip, etc.).

Secondly, the power of attorney is canceled unilaterally; and if at the time of signing the contract it was in effect, then after the transfer of money the owner can cancel it. And then go to court and demand that the transaction be declared invalid.

One of the main circumstances of the transaction is the seller's legal capacity. It is quite possible that the seller draws up a sale and purchase transaction, and then he himself goes to court and challenges the transaction.

Let's dwell here in more detail. So, the court makes a decision in favor of the incapacitated and returns the apartment to him. Until the moment of "re-registration" in the apartment, in fact, both old and new owners can live. But buyers find themselves in a situation where they are the copyright holders, but cannot dispose of the fate of the apartment. What to do?

The money has already been spent, the seller does not have any property, you cannot evict him from the apartment and you cannot arrest him ... Therefore, in this case, there is a risk of losing, if not all the money paid under the contract, then most of it.

How to check the legal capacity of a citizen? Contact a dispensary (of a neuropsychiatric profile) or, at least, ask to show a driver's license.

Someone loses, but someone finds ... how to be among the winners from the conclusion of the purchase and sale of an apartment received by inheritance?

“Multiple” sales of one property, unfortunately, are not uncommon today. First of all, the legal illiteracy of citizens and the desire to save money play into the hands of unscrupulous sellers.

Many "black" realtors reason in the following way: if the apartment is resold several times, then the last buyer will be "honest", and no one will take the apartment away from him.

In fact, this is not the case: if the property was originally confiscated from the owner illegally, then, despite the number of its future owners, the owner can return it to himself. An extract from the USRR will be very useful to you here.

We all remember that any redevelopment in an apartment must be legalized. So why don't we study the documents from the BTI in order to make sure that everything is in order?

Although such documents can only be obtained by the owner or persons registered with him. If you have title documents, this problem can be solved: you come to the BTI with the seller and explain the situation on the spot. After paying the state fee for the certificate, you will be given it.

We carefully read the contract: all data of the apartment must be reflected in accordance with the documents of title; check everything again (See How to draw up and execute an apartment sale and purchase agreement correctly?).

A separate topic is payments for the apartment.

There are three options:

1. payment in cash after signing the contract until the moment of state registration;
2. cash settlement after the implementation of the state registration procedure;
3. payment through a safe deposit box.

Long-term practice shows that the last option is the safest and is in demand among “knowledgeable” citizens.

Do not forget to take the receipt from the seller after transferring the money. It is drawn up in a simple written form indicating the amount transferred, the purpose of the transfer, the full name and passport data of the seller.

One more point: check the house book to see if there are people living in the apartment who, firstly, cannot be evicted without the consent of a special body (for example, minor children), and, secondly, who have the right to live for life (for example, was bequest in favor of the husband's sister, etc.).

But the extract from the house book should be extended, since in a regular extract you will not see information about citizens who were discharged “temporarily”, for example, during military service or serving a sentence in places not so remote.

Is the heir married? If yes, then we require from him the notarized consent of the wife / husband to make the purchase and sale transaction. If the spouses are divorced, but the apartment was purchased during the marriage, the above consent is still required.

It is your right to acquire an inherited apartment or not. But, despite all the difficulties in paperwork and "pitfalls" when concluding a deal, you can often find a pretty good option for real estate, which will not cost a lot of money due to the fact that the heirs want to quickly get the "jackpot" and share it among themselves ...

And, finally, if you want to completely protect yourself from all negative moments, remember: the limitation period for inheritance cases is 3 years; therefore, after this time, claims against the property cannot be made. There are certainly exceptions to the rule, but they are minor.

Along with the sale and purchase and donation, one of the most common grounds for obtaining ownership of real estate is inheritance. By inheritance, you can get an apartment, house, cottage, land, other real estate.

By entering into an inheritance, a citizen acquires ownership of real estate, which includes the right to use and dispose of. In other words, he can perform any actions with him - sell, exchange, donate, bequeath

In this article, we will consider such issues as the procedure for drawing up a purchase and sale agreement for an inherited apartment, terms and procedure, a list of necessary documents, as well as the most pressing issue - the amount of tax and state duty.

Is it possible to sell an inherited apartment?

The law does not establish any restrictions on the conclusion of transactions of sale and purchase with inherited real estate, however, there are some features that both the seller and the buyer must be aware of.

Real estate received by inheritance can be sold after all the necessary inheritance procedures and the registration of the necessary documents:

• Declare the right to inheritance, enter into it within 6 months from the date of opening and receive a Certificate of Inheritance;
• Register ownership of real estate and receive an extract from the USRN;
• Conclude a sales and purchase agreement;
• Pay tax.

When can an inherited apartment be sold?

An inherited apartment can be sold six months after the death of the original owner. That is, after entering into inheritance rights and receiving a document of title. Until that moment, the completed transaction will be invalid.

The law does not provide for any restrictions on the timing of transactions. However, keep in mind that:

• when selling inherited residential property during the first 3 years (the first 5 years - if the inheritance took place after 01.01.2016), you will need to pay income tax;
• when selling residential real estate after 3 years (5 years) - after the inheritance - no tax will be required to pay.

Registration of inheritance

On the day the property owner dies, the inheritance is opened. What do the heirs need to do?

• Submit to a notary a written statement of intention to enter into inheritance;
• Submit to a notary such documents as a passport, death certificate of the owner of the apartment, a will or document confirming family ties, registration and title documents for the apartment. You can read more about documents in the article.

It doesn't matter if inheritance is by law or by will. Only six months later, the heirs will receive a Certificate of Inheritance and will be able to formalize the right of ownership and dispose of the inherited property at their discretion.

If several heirs are the owners of the inherited real estate, the Certificate is issued to each of them - indicating the share owned by each.

After receiving the Certificate of Inheritance, you should apply to Rosreestr to register the transfer of ownership of real estate - from the testator to the heir. After that, it is possible to make any transactions - sale, donation, exchange of an apartment.

If there are several heirs, they will need to come to an agreement on the use and disposal of the purchased apartment - they can conclude a sale and purchase transaction only by agreement.

Apartment for sale

After a will or legal inheritance, after the subsequent registration of ownership, the procedure for buying and selling an inherited apartment will be no different from buying and selling any other residential property.

The documents

To sell an apartment, you will need to prepare a package of documents:

1. passports of the parties to the transaction;
2. title document (Certificate of the right to inheritance);
3. a document confirming the ownership of the apartment (since 2016 - this is an extract from the USRN, which replaces the Certificate of Ownership);
4. technical passport for the apartment.
5. an extract from the USRN, confirming that no encumbrance has been imposed on the apartment (bail, arrest);
6. certificates of utility organizations about the absence of debts;
7. certificate from the UVM at the place of registration of real estate.

If the seller has a husband or wife with whom a prenuptial agreement is concluded, and the inheritance property is joint, and not personal property, a written and notarized spouse's permission to sell the home will be required.

If a minor child was registered in the apartment, you will also need to obtain permission from the guardianship and guardianship authority.

In some particularly difficult cases, if the buyer has a suspicion that the rights to the inherited apartment may be claimed by other persons, it is possible to obtain and attach to the package of documents a written refusal of the potential applicant.

Contract of sale

A written sales contract is concluded between the buyer and the seller, the mandatory conditions of which are ...

• basic information about the parties to the transaction (full name, date and place of birth, place of registration, passport data);
• the cost of the subject of the transaction;
• information on the subject of the transaction (address, technical information corresponding to the cadastral documentation);
• the rights and obligations of the parties to the transaction;
• term and method of transfer of property and funds;
• responsibility of the parties for failure to comply with the terms of the contract;
• the date of the transaction;
• signatures of the parties.

In the process of concluding a transaction, all the terms of a written agreement must be discussed, all arising disputes must be resolved and an unconditional agreement must be reached. After checking all documents by a notary and reaching an agreement by the parties, the contract is signed and sealed and certified by the notary. The concluded purchase and sale transaction is subject to state registration.

Note! One of the most essential conditions of the contract for the sale of an apartment is the condition for its value. Very often, the seller deliberately indicates a lower cost of the apartment - in order to reduce the amount of income tax, up to 1 million rubles - in order not to pay it at all. The actual, and not the "official" price of the apartment in such cases is negotiated orally between the seller and the buyer. What is the danger of such a decision? If a dispute arises, the buyer will not be able to prove that he transferred a much larger amount of money to the seller. Even if the dispute is considered by the court, the buyer will be able to claim only the amount specified in the contract, and not the announced and unproven actual amount.

Therefore, lawyers advise that the full market value of residential real estate, including the prepayment or deposit, be indicated in the purchase and sale agreement.

Registration of an agreement with Rosreestr

After the sale and purchase agreement is concluded and notarized, it is imperative to contact the Rosreestr authority to register the transfer of ownership of residential property from the seller to the buyer.

You can submit an application for state registration to the Rosreestr authority in person or through a representative by power of attorney, you can send it by mail or use the service of the Multifunctional Center (brand - "My Documents").

The following documents must be attached to the application:

• copies of the passports of the buyer and seller;
• purchase and sale agreement, apartment transfer and acceptance certificate;
• extract from the USRN with cadastral information;
• receipt of payment by the buyer of the state duty for registration.

State registration is carried out during 10 working days from the date of receipt of the application and documents.

Apartment sales tax

As mentioned above, the sale of an inherited apartment and the sale of an apartment acquired in ownership in a different way (through privatization, under an exchange agreement, donation, purchase and sale) does not have significant differences. Income tax on such a transaction is paid according to the general rules of taxation of individuals, however, a number of features must be taken into account:

1. According to part 1 of Article 220 of the Tax Code of the Russian Federation, when selling an apartment that has been in the ownership of the heir for more than three years (after 01.01.2016 - more five years), no income tax will be charged. A period of three years (five years) must pass from the date of the death of the testator, and not from the date of receipt of the Certificate of the right to inheritance or an extract from the USRN in the Federal Register.

Note! Since January 1, 2016, there have been some changes in the taxation rules - the personal income tax is, as before, 13%, but is levied on the sale of residential real estate owned by the seller for less than 5 years.

1. The heir often wants to sell the estate in the shortest possible time. There may be many reasons for this, for example, living in another region, the need to pay off the testator's debts from the proceeds from the sale of property. If the property is sold within the first three years (the first five years - if the inheritance was opened after 01/01/2016) - the transaction is taxable.
2. If the transaction amount is less than one million rubles (for example, if a share of an apartment is sold), the tax is not paid. If the transaction amount exceeds one million rubles, the income tax is 13% for citizens of the Russian Federation and 30% for foreigners - on the amount exceeding one million rubles (in accordance with clause 2 of Article 220 of the Tax Code of the Russian Federation).

The tax is payable to the local tax authority after submission of the tax return by April 30 of the following year.

How to avoid paying tax?

So, you don't have to pay tax if ...

• More than three years have passed since the death of the original owner of the apartment - if he died before 01/01/2016, more than five years - if he died after 01/01/2016.
• The cost of inherited housing is less than 1 million rubles.

Note! Some unscrupulous sellers, in an effort to avoid paying taxes, deliberately understate the value of the property, sometimes even to less than one million. At the same time, buyers are at risk in the first place. Firstly, as mentioned above, in the event of a dispute and forced termination of the purchase and sale agreement, they will not be able to prove the amount of the money actually paid and will only receive what is specified in the agreement. Secondly, they will be deprived of the tax break, according to the law, for the owners of new housing: they will have to pay 130 thousand rubles.

It should not be overlooked that the tax authority is well aware of such an offense as tax evasion, and can bring the culpable seller to justice for unjustified enrichment.

The legislation provides for tax benefits for certain categories of citizens. So, from paying tax are exempted ...

1. Pensioners;
2. Disabled people of I or II group;
3. Disabled childhood.

If the seller falls into one of the listed categories, he should file a tax exemption application with the local tax office with copies of documents proving retirement age or disability. The main thing is to timely submit an application and documents confirming the right to a tax benefit. After a while, a positive answer will be received from the tax office.

Difficulties in buying and selling an inherited apartment

If the heir appealed to the notary in a timely manner and correctly completed all the documentation, there should be no problems with the further alienation of the inherited property. However, you always need to be prepared for unforeseen circumstances.

The main difficulty that the seller of an inherited apartment has to face is finding a buyer. Potential buyers are often alarmed by the possibility of the sudden appearance of other heirs who did not enter the inheritance in a timely manner. Even if inheritance occurred by will, there may always be a relative who wants to challenge the will in court. If the court assesses all the circumstances of the case and decides that the new heir did not enter into inheritance rights for valid reasons, but has the right to the disputed real estate, the completed purchase and sale transaction may be invalidated.

A huge number of real estate purchase and sale transactions are concluded every day. However, among these transactions, there are not so many of those related to the purchase of inherited apartments and houses. Since such contracts are associated with a greater number of risks than usual, although they attract potential buyers with several, very significant advantages. Let's try to understand the nuances in order to understand what is actually being discussed.

Table of contents:

Risks when buying inherited apartments

The main "pitfall" of the aforementioned transactions is the possibility of acquiring, along with the inherited apartment, the claims of the heirs who consider themselves to be deprived. At the time of signing the purchase and sale agreement, a lawsuit may take place, in which such heirs defend their own rights, which, as it seems to them, were violated during the "distribution" of real estate inheritance. Perhaps no one will be able to "redistribute" anything, but what if it works out? Then the buyer will have problems.

So, property inheritance occurs:

• according to law;
• or by will.

If there is no will, inheritance in any case takes place according to law and order. The heirs of the first order include the spouses, parents and children of the testator. And here, details, nuances are often found:

The above situations are the most common, but far from the only ones. This means that there are much more problems associated with inherited apartments. So, when planning to purchase such a property, you should be prepared for all kinds of surprises.

Important: of course, the heirs by law are required to appear within 6 months from the death of the testator. But those, for example, who are abroad or in places of deprivation of liberty, for obvious reasons cannot "give up everything" and come to inherit. And in the case of an appeal after the expiration of the legal period, the court will necessarily extend this period to them. This must be borne in mind.

In addition, the “legitimate priorities” associated with the inheritance can also be considered a very important point. After all, there are categories of citizens who are entitled to a share in the inherited property in any case, regardless of what is written in the will. And upon receipt of a claim from them in court, a share will be allocated to them even in the sold property.

And if in a judicial institution the seller is recognized as an unworthy heir, the transaction will be canceled altogether. But whether the buyer will return his money or not is a big question. It is clear that in most cases it will be necessary to return funds not only through the courts, but also through bailiffs. This is not fast, and even then, provided that the former seller has some property to be sold, or some kind of savings. In general, everything is difficult and time-consuming, so it is better to protect yourself without getting involved in such deals.

And this is not all the "pitfalls" that an unlucky and overly gullible buyer can run into. If the seller sells an apartment that he barely inherited, he may ask to indicate in the contract the cost of less than a million rubles, so as not to pay tax for it, as for property sold within a period of up to 3 years of ownership. And many agree to indicate in the documents not the real amount of the transaction, but artificially low. And they risk only this amount and return themselves in case the transaction is invalidated and canceled.

There is another problem, which is also quite common. It is connected with the fact that often testators, writing immovable property to their children in their wills, also prescribe a clause according to which their own parents are allowed to live in this property until the end of the released days. Thus, the buyer, not suspecting anything, buys not only the apartment, but also the "obligatory" tenants in it. It will also be quite difficult to reverse such a trade without losses.

How to avoid problems when buying an inherited apartment?

Do you like the apartment? Satisfied with everything, including the price? And yet, do not rush to conclude a deal and sign an agreement. First, explore the true "history" of real estate.

This is easy to do, just follow the step-by-step instructions:

1. Request an extract of the USRR. The reply will indicate transactions with the apartment from 1998 to the present day. Information about encumbrances will become a "bonus".
2. Order, which contains information about all registered in the living space.
3. Information about testamentary refusals will be issued by a notary.
4. And additional information about children-spouses, relatives can be obtained from talkative neighbors.

You can also find out information about the seller at the passport office. In any case, about his possible convictions - for sure. And there it is worth asking: did the owner of the apartment really die? There are a lot of fraudsters now and from year to year they are getting more and more inventive.

Fraud in the sale of inherited apartments

The simplest thing to expect from a fraudulent seller is a forged will. Therefore, do not be lazy to consult a notary for the authenticity of the presented document.

Also, fraudsters often slip fake donation or sale contracts with potential buyers. A request to Rosreestr will help to understand these issues.

There is another "interesting" fraudulent scheme. An elderly person with housing begins to show signs of attention and care from a distant relative, neighbor, or even an "accidental" acquaintance. Then, by fraudulent means, the “caring comrade” turns out to have a general power of attorney. And when the old man dies, the apartment is immediately sold. And of course, scammers do not warn bona fide buyers that they will face problems with the heirs of the deceased owner.

As before, there are “black realtors”, deals with which do not bode well. So it is better to avoid buying an apartment if it is known about it that it was recently inherited.

Should you buy an inherited apartment?

However, whether to risk it or not - everyone decides for himself. Moreover, there are pluses in buying hereditary apartments. Sometimes very tangible. You can reduce risks by adhering to simple rules:

1. Do not agree to understate the price when you specify it in the contract. In no case! Since the most negative scenario will lead to the fact that only this amount can be reclaimed from the seller.
2. Do not neglect "title" insurance. Then, in the event of the loss of the rights to the apartment, the insurance company will refund the costs to you.
3. Be sure to check the apartment in the most thorough way if the seller sells it at 20 or even 30% below market value. Do not believe the words about an urgent departure, a necessary operation or other circumstances - make sure for yourself that the property is "clean" or do not agree to a deal at all.

Important: when several people inherit the apartment, each of them must sign the purchase and sale agreement ... Unless only one person does not have a power of attorney for the right to perform such actions and receive money.

Buying an apartment by proxy: basic rules

Many are interested in: how big is the risk of acquiring real estate by proxy? Of course, such an operation is fraught with serious risks. And it would be more correct to get to know the person who owns the real estate and issued a power of attorney to the representative. In addition, it should be remembered that the person who issued the power of attorney has the right to cancel it at any time unilaterally. And this is fraught with the same litigation for the buyer, the cancellation of the transaction and long ordeals with the return of their own funds.

An important role is played by the legal capacity of the owner of the apartment who issued the power of attorney. If she (legal capacity) is in doubt, the transaction will also be canceled in court. And here the hapless buyer will be able to say goodbye to money forever. And the apartment will certainly return to the incapacitated citizen.

How to check the seller's legal capacity? Ask him for a driver's license or make inquiries at a local neuropsychiatric dispensary.

How not to lose when buying an inherited apartment?

There are apartments that are sold and resold literally "in a circle". In such situations, the legal illiteracy of the population and an irresistible desire to save money, even at the expense of their own financial security, play into the hands of fraudsters.

Many are sure: if in the "carousel" with the property the court recognizes them, as the last acquirers, "bona fide owners", the apartment will remain with them. But no! The judge will get to the bottom of the matter. And no matter how many owners there were, will return the home to the original legal owner.

To be sure that the apartment is purchased from the owner according to the law, it is worth contacting the BTI for an extract - there is reliable information. And the agreement must be read. Read, slowly - all information related to the residential property being sold is displayed there.

You can consult with a lawyer specializing in the sale and purchase of real estate. Let him accompany the transaction to be sure. This, of course, will cost money, but small compared to what you can lose.

Payment procedure when buying an apartment

There are 3 legal options for making payments for a purchased apartment:

1. In cash before the state registration of the transaction, after signing the main contract for the purchase and sale of the apartment.
2. In cash after the state registration of the transfer of ownership.
3. By transferring money using a safe deposit box.

Practice shows that the latter method is the surest, most reliable and safest.. However, whichever way is chosen, it stands before:

• check if there are persons registered in the apartment, which will be very difficult to write out (according to the House Book);
• find out if there are tenants in the apartment who have the legal right to live in it for life;
• check if the legally married seller has a notarized permission from his / her spouse to sell the property.

Important: to buy or not to buy recently inherited apartments is only the buyer's decision. However, it will not be superfluous to find out everything about the selected property and consult with an experienced specialist.

Such apartments have one solid plus - they are often cheaper than others, similar ones. So you can really make a profitable large-scale acquisition. Moreover, the limitation period for inheritance cases is only 3 years. No one will make any further claims to this property.

The most frequently asked question from a notary: "I inherited an apartment, when can I sell it?" Indeed, when can you sell an apartment after inheriting?

According to the law of the Russian Federation (Civil Code, Article 1111), a citizen becomes the owner of the inherited housing from the moment of the death of the former owner of the apartment (testator).

Civil Code of the Russian Federation Article 1111. Grounds for inheritance

1. Inheritance is carried out by will and by law.
2. Inheritance by law takes place when and insofar as it has not been changed by a will, as well as in other cases established by this Code.

Even if the heir has not yet completed the inheritance and has not registered his rights to own the property, in any case he becomes the owner.

Otherwise, from whom will the state collect utility bills and other payments for an apartment during the registration of the inheritance and the inheritance procedure?

But in fact, the heir enters into full-fledged rights of ownership of housing and can dispose of the received real estate only from the moment of legal registration of the title of owner.

Only then does a citizen have the right to engage in the sale of the acquired living space and look for buyers. This document (certificate of ownership) is issued in Rosreestr.

Usually, the entire procedure for registering an inherited property takes an average of 6 months.

So, according to the law, the inherited person has the right to dispose of the apartment by inheritance and sell it six months after the death of the former owner of the living space? Not so simple. The Civil Code provides for a limitation period (Civil Code of the Russian Federation, article 196).

Civil Code of the Russian Federation Article 196. General limitation period

1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code.
2. The limitation period may not exceed ten years from the date of violation of the right for the protection of which this period is established, except for the cases established by the Federal Law of March 6, 2006 N 35-FZ "On Countering Terrorism."

So, how long after the inheritance can you sell an apartment? Over the next three years (and if the apartment has been inherited since January 2016 - five years) from the date of registration of the rights to the inherited apartment, the property of the inherited person is contested.

Such time is given for the possible appearance of other heirs with more weighty claims to the apartment and with a desire to challenge the inheritance.

IMPORTANT! The three-year (or five-year) countdown begins from the moment when a new person applying for a living space learned about the violation of his own right (Civil Code of the Russian Federation, article 200, paragraph 1).

Civil Code of the Russian Federation Article 200. Beginning of the course of the limitation period

1. Unless otherwise provided by “law”, the course of the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

This period can be extended or reduced (it all depends on the specific situation). Thus, if an apartment is inherited, then selling earlier than 3 years is extremely difficult. But it is possible.

We sorted out the question of whether it is possible to sell an apartment inherited less than 3 years ago. Let's talk about how to do this.

Early sale

If the apartment was inherited, when can it be sold legally?

The sale of an apartment after inheritance for less than 3 years is allowed by law.

But then the happy seller-heir, after a successful transaction, will need to pay income tax.

ATTENTION! According to new changes in the legislation of the Russian Federation, from January 1, 2016, tax, amounting to 13% of the transaction amount, will have to be paid in the case of the sale of living space before the expiration of the period of ownership of real estate in 5 years (after the heir obtains the right of legal ownership).

But if the newly-minted owner sells the received apartment after the end of the officially established period, he will be exempted from paying tax (Tax Code of the Russian Federation, article 217, clause 17.1).

Tax Code of the Russian Federation Article 217. Income not subject to taxation (exempt from taxation)

17.1) income received by individuals who are tax residents of the Russian Federation for the relevant tax period:

• from the sale of immovable property, as well as shares in said property, taking into account the specifics established by Article 217.1 of this Code;
• from the sale of other property owned by the taxpayer for three years or more.

The provisions of this clause do not apply to income received by individuals from the sale of securities, as well as to income received by individuals from the sale of property directly used in entrepreneurial activity.

ADVICE. Before selling an apartment by inheritance for less than 3 years in ownership and paying tax, be sure to make sure that there are no other heirs (or arm yourself from such persons with an agreement to a deal and a promise not to claim real estate).

Also check the living space for "cleanliness" in terms of credit, mortgage and other financial obligations, so that the sale of an apartment inherited less than 3 years ago does not entail many other legal problems.

We go around the pitfalls

Knowing how much you can sell an apartment after inheriting, you can avoid many troubles.

So, in order to quickly sell the inherited living space, you should formalize the full ownership of real estate as soon as possible.

Action plan:

We go to the notary. After the inherited apartment has taken over (since the death of the testator), it is necessary to arrive at the notary office to obtain a certificate of ownership of real estate.

The notary will require the following package of documents:

1. Death certificate (original and photocopy of the document). They receive it at the registry office upon presentation of a death certificate and a medical certificate.
2. The will of the inherited person confirming the rights to real estate.
3. A statement that is drawn up at the time of contacting a notary on the spot. This document allows you to legalize the official rights to the inherited living space.
4. A document confirming the last registered place of residence of the deceased. The certificate is issued by the housing department or the management company.
5. Certificate of deregistration of the former owner of real estate. They give her out at the passport office. This document is not always required by a notary, but just in case you need to get it.
6. A document confirming the presence of family ties between the heir and the deceased person (marriage certificate, birth certificate).
7. Will (if any).

If there is no time to collect documents and go to a notary office, you can use a guarantor. The attorney is issued a power of attorney authorizing such actions (the document is certified by a notary).

IMPORTANT! The faster the necessary documents are collected, the easier the inheritance procedure will be.

If six months have passed, and the person has not managed to declare his inherited rights, this period is extended by a court decision. The inherited person should also remember that along with the real estate, he also inherits the debts of the deceased (loans, mortgages, other loans).

ATTENTION! Without the full repayment of all debts, it will be impossible to sell the inherited property! And it doesn't matter if the apartment is inherited for less than 3 years or more.

We go to Rosreestr. In this state chamber, the heir must obtain a document confirming the ownership.

Before going for the coveted paper, arm yourself with the following documents:

1. Certificate and cadastral registration of the inherited living space (if this has not been done earlier).
2. Passport of the inherited person.
3. Application for registration of property rights of the heir (filled in Rosreest immediately upon presentation of all collected documents).
4. Receipt of payment of the obligatory duty (its size is 2,000 rubles).
5. Certificate confirming the right of ownership of the inherited property (the document is issued by a notary).

Income tax on the sale of living space

When the heir decides to sell an apartment inherited for less than 3 years in ownership, he should prepare to pay income tax (Civil Code of the Russian Federation, article 558). This amount is levied in accordance with generally accepted principles of taxation for individuals.

Civil Code of the Russian Federation Article 558. Features of the sale of residential premises

1. An essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment in which the persons who retain, in accordance with the "law", the right to use this residential premises after purchase by the buyer, is a list of these persons indicating their rights to use the residential premises being sold ...
2. The contract for the sale of a residential building, apartment, part of a residential building or apartment is subject to state registration and is considered concluded from the moment of such registration.
3. The specifics of the purchase and sale of residential premises that meet the conditions for classifying them as economy-class housing established by the authorized federal executive body are determined by law.

To pay tax to the heir, after the transaction is completed, you need to come to the tax office as soon as possible and submit a declaration in the form of 3 personal income tax (order of the Federal Tax Service of the Russian Federation of December 24, 2014 No. ММВ 7-11 / 671).

The calculation of the tax for the sale of an apartment by inheritance for less than 3 years of ownership is carried out in accordance with Article 220 of the Tax Code of the Russian Federation (paragraph 2), which says:

1. The tax is calculated on the sale transaction amount exceeding RUB 1 million. In fact, the state provides the heir with a preferential deduction of one million rubles.
2. The tax on the sale of an apartment by inheritance for less than 3 years in the property for Russian citizens is 13%, and for citizens of other states 30%.

Tax Code of the Russian Federation Article 220. Property tax deductions

2) property tax deduction in the amount of the redemption value of the land plot and (or) other immovable property located on it, received by the taxpayer in cash or in kind, in the event of the seizure of the said property for state or municipal needs.

How to calculate the tax amount? For example, an apartment inherited for less than 3 years was sold for 3,500,000 rubles. The taxation is subject to the amount of 2,500,000 rubles. We deduct 13% from this amount and get 325,000 rubles. It is this amount that should be paid after the transaction.

IMPORTANT! The right to a tax deduction of 1,000,000 rubles. given to a citizen only once.

Who can not pay?

Now you know how long after the inheritance you can sell an apartment and pay tax.

And also how much you can sell an apartment by inheritance with the payment of tax.

But there are some exceptions to the rule.

Income tax on the amount of the sale of the inherited living space is not levied under two conditions:

1. If the property has been owned for more than 3 years (from 2016 for more than 5 years).
2. If the living space was bought for less than a million rubles (this is possible when purchasing a share or a room in an apartment).

• children with disabilities;
• people of retirement age;
• persons with disabilities of groups 1 and 2.

In order to legally be exempted from paying income tax when selling an apartment by inheritance for less than 3 years of ownership, you should appear at the NI and write a statement. The application must be accompanied by documents confirming the privileged category of citizens.

In this article, we told how many years an apartment can be sold after inheriting, but even if all the formalities and deadlines have been meticulously followed, there is a risk of unforeseen circumstances.

Therefore, to conduct such transactions, it is better to employ a professional lawyer with experience in working with inherited real estate. Now you know everything about what to do if the apartment is inherited and when you can sell it.

Sometimes the heirs want to sell the inherited home immediately. There can be many reasons for this. But you need to take into account the nuances of such a transaction. One of the topical issues of inheritance - when can you sell an apartment after inheritance?

When can a hereditary apartment be sold?

According to the law, the successor becomes the owner from the date of the death of the testator. Even if he has not yet completed the inheritance (there is no evidence yet), even if he has not registered his right in the Federal Register, but he is still the owner. As if "in hindsight". And who else can ask for taxes, utilities and other payments for the time when the hereditary procedure is underway, which can last from six months or more?

But in fact, the newly-minted owner can sell, donate and so on after the official registration of his title of owner. Otherwise, the transaction will not be carried out in Rosreestr, they will not even accept the documents. The heir will be deemed to be an unauthorized seller.

Some properties are on collateral, the power of which passes to the successor. And until the pledgee (usually banks under loan agreements) gives written consent to the sale, the seller's actions will be illegal.

So, in order for the sale of an apartment by the heir to become possible, it is required:

• get a certificate of inheritance;
• put real estate on the cadastral register (if it was not there) or update the cadastre data (make changes);
• hold state. registration of the right to housing in Rosreestr;
• obtain consent to conclude an agreement from the pledgee or pay off the mortgage (if there was a pledge).

Sales tax

Many inherited properties do not become heirs' homes. The latter are in a hurry to sell their inherited real estate. Sometimes the reasons for this are disagreements between successors, an urgent need for money, the presence of other housing, etc.

Finding a buyer, bargaining for a price, registration are not all the worries of the sellers-heirs. There is still a tax obligation to the state from the proceeds of the transaction. These are additional costs of the seller in addition to the state duty for inheritance (see).

• The tax is 13% of the total value of the property sold. It must be paid to the territorial tax office (at the place of residence of the taxable). For non-residents, the tax is even higher - 30%.
• It is necessary to correctly draw up a declaration in the form of 3-NDFL (see. And also in detail about.
• Submit it to the inspection on time (no later than April 30 of the year following the year of sale).
• Pay on time (by July 15) the entire amount of tax due (bank details for the transfer can be taken from the local IFTS).

The law does not contain any personal income tax benefits for the sale of real estate (including for socially unprotected categories of citizens). Therefore, everyone will have to pay the tax. Nevertheless, the owner can reduce the amount of the taxable amount or completely free himself from the obligation to the budget.

Legal ways not to pay / reduce tax

Tax exemption

To avoid bureaucratic fuss (registration and filing of declarations), as well as to protect yourself from the tax burden, you can simply wait 3 years after the emergence of the property.

If the inherited apartment will be continuously owned by the successor for more than 3 years, then when it is sold (after 36 months), he is completely exempt from personal income tax.

Since 2016, a 5-year term of ownership of the residential area has been established for a tax-free sale. This period does not apply to the inheritance of housing. Therefore, in order not to pay tax, you need to wait 36 ​​months from the date of obtaining ownership of the inherited property.

Reducing the size of the tax

You can reduce the amount of personal income tax up to "0" rubles. Unlike complete liberation, you don't have to endure 3 years. But red tape with declarations is inevitable.

The procedure for "cheapening" the tax is simple:

1. the so-called tax deduction (amount of 1 million rubles) is subtracted from the base figure (the sale price of the object);
2. or acquisition costs (costs of inheritance and property registration);
3. the result is multiplied by 13 percent.

As a rule, expenses are less than 1 million rubles, so everyone uses a deduction of 1 million rubles. Only one option can be minus:

• or a deduction;
• or expenses (at the option of the taxpayer seller).

If a shared property is sold, then each shareholder submits a separate declaration on his own behalf. It indicates the amount of tax calculated from the value of his share. The tax deduction is applied by distributing it among equity holders as a percentage in accordance with the size of each share (i.e., not every equity holder applies 1 million rubles, but 1 million for the entire object).

The price of housing is indicated in the contract (it is this amount that must be reflected in the tax return). The contractual value is established by the parties, but if it turns out to be less than the cadastral value, then for tax purposes an amount of at least 70% of the cadastral value is allowed.

Tax risks and liability

There are practically no methods of manipulation and distortion of circumstances unknown to tax authorities in order to save on taxes (understate the cost, overstate expenses, etc.). It is becoming more and more difficult to remain the original and inventive defaulter.

• Almost all real estate in Russia went through an appraisal and now has a cadastral value. It is close to the real market at which housing is sold on the market.
• And now your contract price will be compared with the cadastral price. If it is below 70%, the tax will be calculated not from the amount under the contract, but from 70% of the cadastral value.
• The inspection can reveal dubious reporting even at the stage of requesting information about a dwelling in Rosreestr.
• Further, a tax audit (office or field) is threatened. According to the results, it is likely that additional tax will be charged, fines and penalties will be added.

Specialists in the field of tax minimization advise to make reporting as transparent as possible. He takes payment more seriously, and in case of difficult questions, contact the local inspection (even better in writing) for clarifications.

Buying an apartment from heirs: buyer's risks

Perhaps one of the most risky types of transactions in the housing market is buying an apartment after inheritance. There are many hidden threats, which sometimes come as a surprise even to the seller himself.

It is advisable to involve an acquaintance, a trusted lawyer or realtor in the transaction. If this is not possible, then you must strictly follow the instructions below in order to somehow minimize the risks when buying an apartment by inheritance.

Instructions on how to properly buy a hereditary apartment

First impression

Variants with attractive terms of purchase, in particular, at tempting prices, are considered especially cautiously. Although often the reasons for the low price are not any "pitfalls", but the desire to quickly divide the inheritance. Due to this, the cost can be 5-10% lower than the market average. But if the price is too low, it makes sense to seriously think about the reasons why the heir wants to get rid of the inheritance.

Meeting with the seller

To begin with, you should check his identity with the passport and find out whether he is the owner or acts by proxy. If you are dealing with a representative, then personal contact with the owner is necessary (preferably in the presence of witnesses and in the premises being sold). During the conversation, find out:

• sales motives;
• the history of housing (how the first owner appeared (privatization, participation in the construction of an apartment building), how the seller got the property, etc.);
• whether there are registered persons or other citizens who have the right of residence (those who refused to privatize, legacy receivers, who were discharged in connection with leaving for the army, conviction, traveling abroad, etc.);
• how the certificate of inheritance was obtained (there was / was no legal dispute, were there other applicants and which notary (full name, address of the notary) performed the registration of the inherited property). Buying an apartment by will or by law, the risks are the same, nevertheless, it is important to find out the basis for joining (perhaps this will allow to correctly assess the picture as a whole and correctly assess the prospect of purchase and sale);
• presence / absence of problems with housing in technical terms (unlawful redevelopment (re-equipment), errors in documentation, in the Unified State Register of Legal Entities, GKN, etc.)
• questions about housing arrears (utility bills, energy supply companies: gas, electricity, water, etc.);
• are there any encumbrances (mortgage, rent, lease, etc.);
• the reasons why the authority to sell is transferred to an authorized person (if it is not the owner himself who sells);
• discuss the main terms of the contract (price, term of conclusion, etc.);
• other questions.

No makings

Before signing the contract, you should not conclude a preliminary contract, give deposits or leave deposits. Housing is a special product, it is sold slowly and difficult. And bought with a cold head and without emotion. Money is more liquid than real estate, and if this option fails, it will be different.

The documents

Carefully study the requested documentation for the dwelling:

• title documents:
  • certificate of inheritance;
  • an agreement on the division of hereditary shares;
  • contracts of purchase and sale, donation, privatization (confirming the rights of the testator), etc .;
• supporting documents:
  • certificate of state registration of property (canceled from 15.07.2016),
  • extract from the state register;
• technical documents:
  • BTI passport;
  • technical plan;
  • cadastral passport or extract from the State Property Committee;
  • decree on the legalization of redevelopment;
• certified consent of the rest of the property owners, in the case of the sale of shares in the apartment by the heirs;
• extended certificate of registered persons, certificate of family composition at the place of residence;
• extended extract from the USR, containing the history of transactions for the object;
• certificates from the housing department, homeowners' association, ERITs about the absence of debt;
• certificates from a psychiatric and narcological dispensary - to be sure of the seller's legal capacity;
• permission of the board of trustees, if the owner is a child or even if he is simply registered at the address;
• and others.

First of all, figure out when the transfer of inheritance took place. If the story is fresh (up to 1 year), then the buyer's risks are real.

The indisputability of the result of the operation is guaranteed when the successor owned the property for a long period of time (from 5 years or more).

It is also worth paying attention to the compliance of the information received from the owner with the documents, as well as the presence / absence of errors, contradictions, etc. in the documentation itself.

Inspection

Carry out a careful examination of the property for the relevance of the layout, the integrity of communications and engineering equipment (electrical panels, ventilation, etc.). On the way, you can look at the neighbors (especially below) and ask if there are any complaints about the apartment (for flooding, violations of sanitation, urban planning, housing maintenance, etc.).

Conversation with a notary

Get to the notary who made the inheritance registration, at the reception and find out: about the purity of the inheritance case, disagreements and conflicts between applicants, litigation (if any). Notaries will be reluctant to share such information, but if such a visit is made together with the heir-seller and the notary to explain that the interest is caused by the upcoming sale and purchase, then general information can be obtained (which is already valuable). In addition, you can request information about arrests and restrictions on the purchased dwelling from the notary.

Database Query

Check the heir-seller, other heirs and the testator for litigation and enforcement proceedings:

• on the website of the GAS RF "Justice" (general site of the courts of the Russian Federation) address: https://sudrf.ru, in the tab "search for cases and judicial acts"
• on the website of the FSSP RF (bailiffs), address: http://fssprus.ru, in the service "Databank of Enforcement Proceedings".

Inquiry

Through acquaintances (if there are such connections) in the territorial police departments (at the location of the inherited property) to find out about checks on the facts of fraud, other crimes against the seller and other interested persons.

Registration

It is safer to draw up a transaction with a notary and preferably at the same notary who dealt with this inheritance. If the property is shared, then notarization is a prerequisite for the legality of the transaction. This form of contract will remove many risks, since the notary is already in the know. In addition, he checks the legality of the transaction (that is, its "legal purity") and in case of problems bears personal responsibility for the flaws in his own property.

But this is not a reason to move away from such an important stage as negotiating the terms and concluding (signing) an agreement.

Reflect only real numbers and dates in the text, especially when it comes to price. You can not underestimate the cost of the purchase, no matter how touching the requests, weighty reasons and convincing arguments of the seller. If for some reason the transaction is invalidated, then you can count only on the money, the amount of which is specified in the contract.

A very prudent move would be to meet with all the heirs (if any) and other persons interested in the fate of housing and receive receipts from them about the absence of claims and objections to the upcoming sale and purchase. Such consents and approvals are not required by law, but a couple of sentences on a piece of paper will guarantee so much peace of mind. Since, in the event of legal claims from these persons, these documents will turn into solid evidence against the lawyer.

If in the course of the verification activities at least some doubts or suspicious moments (including the behavior of the seller, other interested parties) are revealed, it is better to tactfully refuse the purchase.

What to do if problems arise after purchase

In view of the multitude of applicants (by law and will, holders of compulsory shares, inheriting by transmission, representation, etc.), the heterogeneity of their claims (to become an owner, claim monetary compensation, obtain a residence permit, etc.), as well as the length of the process inheritance (six months with the ability to restore the term of entry) of negative consequences after buying an apartment from the heirs can have an unpredictable variety:

Obvious threats

Cancellation of the deal

The judicial cancellation (invalidation) of the sale and purchase transaction of a hereditary apartment, concluded between the heir-seller and the buyer, arises in case of disagreements, conflicts and clarification of relations:

• On the part of the spouse of the testator due to:
  • a dispute about the distribution of inheritance without her / his participation (most often the former spouse who did not manage to divide the joint property);
  • recognition of inherited property as the personal property of the testator's spouse, that is, illegally included in the estate;
  • creditors' claims against the spouse (former / former), including with the requirement to share joint property.
• From third parties in mind:
  • protection of his right by the owner of the apartment (who did not manage to register his rights in Rosreestr) from the illegal inclusion of the apartment in the estate (for example, there was the sale of an apartment, the registration of which the testator evaded during his lifetime, after death the sold apartment was included in the estate, entered into an inheritance and subsequently sold);
  • presentation of debt claims by the testator's creditors (suing the heirs or inherited property);
• Between potential heirs about:
  • restoration of the missed term for entering into inheritance;
  • appeal against unjustified removal from inheritance or, conversely, the entry into the inheritance of unauthorized heirs (not in turn);
  • challenging the unlawful refusal from the inheritance of other heirs (for example, the refusal was committed under the influence of deception, delusion);
  • incorrectly produced hereditary division of shares;
  • challenging the agreement between the heirs (who have accepted the inheritance, but have not yet registered their ownership right with Rosreestr) on the distribution of shares in the inheritance;
  • invalidation of a will;
  • proof of kinship, which gives the right to participate in the inheritance procedure (for example, the illegitimate children of the testator);
  • confirmation of the fact of being dependent on the testator, in order to claim a compulsory share;
  • the discovery of a will by an interested person who did not know about its existence before, after the completion of the inheritance case;
  • forgery of documents and other illegal actions of the seller, as an inappropriate heir.
• From the side of the testator. There are situations when the testator is declared dead by a court decision, and subsequently declared and tries to return to himself the property that was in his possession before he was recognized as dead.

There are other situations as well. They can lead to the cancellation of the transaction only on the basis of a court decision, which depends on the circumstances of the case and the ability to defend their interests by the disputing parties.

Changes to the terms of the purchase and sale agreement

For example, according to the condition of the will, the housing was subject to sale by the executor of the will, and the proceeds were due to the minor consignee. The condition of the dwelling left much to be desired, but its cost concealed such a disadvantage. Money was transferred to the minor as one of the parties to the contract. Subsequently, the guardianship authority, acting on behalf of the minor consignee, changed the terms of the contract regarding the price. Namely, he set the price of the apartment equal to the market price. As a result, the buyer has to pay extra for the dwelling, which makes buying and selling for him very unprofitable.

Restriction of the rights of the new owner

Example: the testator drew up a will, which provided for the condition of his friend's residence permit for life. The successor designed the dwelling and then sold it. And I didn’t think about the consignee. The latter, after a while, declared his right, but to the new owner. As a result, the living space will have to be shared with a stranger.

Indirect problems

In addition to direct losses from an unsuccessful transaction, there may also be additional overhead costs for the buyer.

For example, after the purchase, an expensive repair was made. The contract was declared invalid, the parties were ordered to return everything back (as it was before the operation). Even if the purchase price of the dwelling has been returned to the buyer, no one will compensate for the repair costs without additional efforts and courts.

Above we were talking about simple problem situations, the solution of which comes down to a standard litigation. But there are stories when the buyer is exposed to increased risks and doubles the damage.

For example, an apartment was purchased from the heir under the will. Then the respectable acquirer resells the property to the next owner at his own margin. And after a while, applicants appear for a mandatory share in the inheritance. And they dispute all transactions (both the first and subsequent sales). Ultimately, the original acquirer must return the contract value to the subsequent owner. At the same time, the residential premises are not returned to the first buyer (since it becomes the property of the legal heirs), but there is only the right to demand the return of the money paid from the false heir (who spent all the money and is insolvent). Thus, the buyer lost his apartment and still owes a large sum.

Many potential problems can be avoided by carefully and efficiently owning and using property.

There are three main rules to remember:

• Don't rush to sell your property. Since the subsequent sale will not save you from the opportunity to challenge the transaction, and if such events occur, it will be more difficult to resolve the consequences.
• Carry out repairs, redevelopment and other improvements on the basis of official permits (in cases where such are required) and with documentary evidence of all costs. In the worst case, these costs can be recognized as a loss and recovered from the seller.
• After the purchase, within six months or a year, it is necessary to request extracts on the object from Rosreestr (see information about arrests, restrictions, litigation, etc.), as well as from the MFC for certificates of registered persons. This will allow you to quickly respond to problems that have arisen. It's just that sometimes delay translates into very serious consequences. For the same reasons, you should register yourself in the purchased housing (in order to receive timely mail, including court correspondence).

If the outcome of the transaction turned out to be unfavorable and problems arose after the registration of the property, it is prudent to adhere to the following principles.

Gotta keep calm

That is, do not make hasty and thoughtless steps. Under no circumstances should you get involved in adventures offered by the seller or the disputing heir. Perhaps this is a ruse that will only make matters worse.

Maximum participation in litigation

Whatever claims the successors, creditors of the testator or other persons have about inherited property (contestation of a will, restoration of the inheritance period, disagreements about the size of inheritance shares, objections to transactions with housing, etc.), for the new owner of the home they may have effects. Therefore, the buyer is in any case an interested person. And as soon as it becomes known about any legal proceedings, it is necessary to strive to intervene in the process (either as a party to the case or as a third party), since the reference to material interest allows this to be done.

It is necessary to be active in court, do not spare money for a qualified lawyer / attorney. It will pay off in full.

Interaction with the seller

It is imperative to keep in touch with the seller of the ill-fated property, as he has more complete information about the disputed property, the intent of the challenger and other valuable information. By adding up efforts, acting together, you can get an advantage over the plaintiff.

But such cooperation must be very careful. Vigilance and caution are needed, since the seller can play the role of an ally, but in fact be on the opposite side.

Appeals to the police, prosecutor's office

To defend your rights, you should involve as many forces as possible. By filing a statement to the police about the threat to property, you can get a lot of benefits.

• Firstly, the results of the check can be a good help in a legal dispute (since it is possible to extract useful information from the protocols of the review, interviewing witnesses, answers to inquiries, which cannot be obtained on your own). Therefore, even if a criminal case is not initiated, you can familiarize yourself with the refusal material and dig up something useful.
• Secondly, the very appeal to law enforcement agencies can scare the would-be plaintiff. Let's say the sale of real estate and the subsequent appeal to the court with a challenge were links in the same fraudulent chain. The eye of a law enforcement officer can see a conspiracy. Attackers will prefer to abandon their plan, so as not to be caught in a crime.

Selling an apartment by the heir: the seller's risks

The peculiarity of the turnover of inherited real estate is that there are no absolute guarantees for anyone. Along with the buyer, the seller also plays with fire. And for the latter, the likelihood of adverse events is high:

• obligation to return money in the amount of the contract price;
• reimbursement of expenses for repairs, re-equipment, change in the purpose of the sold object, which was incurred by the last owner (if such investments take place);
• compensation for non-pecuniary damage and other losses of the buyer (by way of recourse).

The deprived heirs, having canceled the contract of purchase and sale, may try through the court to recognize the heir-seller as unworthy. And if this succeeds, then he will be deprived of all rights to the property of the testator. That is, the new applicant will not reduce his share in the inheritance, but will completely take it away. Other disastrous results are not excluded.

What to do for a seller to avoid negative consequences when selling

The seller's risks can be minimized.

Bide the time

Property should not be disposed of in a hurry. After waiting several years, you can kill two birds with one stone: and save on taxes (sale after 3 years of ownership is exempt from paying taxes) and make a "cloudless" purchase and sale.

Settle all conflicts

The inheritance must be entered into by honor and justice. Everything should be in accordance with the law as much as possible. It is not recommended to deliberately hold back any information from other applicants, manipulate facts, mislead, etc. The procedure must be open to the limit. Otherwise, later, such tricks can come out sideways.

If during the acceptance of the inheritance all the cornerstone and slippery issues are not resolved, try to settle everything after. It's never too late.

Find out secrets and secrets

With potential successors who refused to participate in the section of the testator's values, it is better, so to speak, to talk in a kindred way. Delicately find out whether they know that the testator had property, that they had rights to it, and also ask why they refused the due benefits.

If the situation permits, talk about plans for the property and receive written confirmation from them that they have no material claims.

Forgotten wills

It is not superfluous to contact a notary (better to the one who conducted the inheritance case) with a request to establish the presence / absence of the testator's wills. Of course, such a detail would not have been overlooked by the notary and, if there was an order from the testator, he would have summoned his chosen heirs. It is not difficult for him to find out about the will (there is an electronic database of the notary, and before that special journals were kept). But there are rare cases when the testator issued an inheritance order already in the early 90s, and you can find out about such a will only by requesting data in the archive of the regional notary chamber.

Information about such circumstances is very important, especially when the heirs entered by law without knowing about the will. You can accurately find out: whether the selected applicant knew about the will of the testator, about the opening of the inheritance, his attitude to what was happening.

Of course, such curiosity can worsen your situation. But on the other hand, the price of calculating “Maybe!” Is too high. In any case, what to do in this situation is the right to choose the seller-heir himself.

World solution

When complaints from interested parties arise, then it is wiser to take measures to resolve the problem in its infancy.

First, the situation is assessed: how substantiated are the claims of those who disagree. If everything is serious, then you should make friendly contact, offer favorable conditions for resolving the issue (receive monetary compensation, other property, a certain share in the real estate being sold, etc.). You will have to give up part of your profit, but in the end you will remain in the “kings”, rather than take a principled position and lose more.