The key facts
- Lawyer Andrey Alyoshkin recommends starting with an EGRN extract and the history of how the seller acquired the apartment
- Refusing privatization can preserve the right to use the apartment even after its sale
- A psychiatric diagnosis does not deprive one of the right to sell housing, but the transaction can be challenged if the seller did not understand their actions
Hidden risks of the secondary market
Buying an apartment on the secondary market can turn into years of litigation if people who retained the right to live there even after the change of owner are discovered in the property. Lawyer Andrey Alyoshkin told Life.ru about this: according to him, there are cases when the new owner learns of third parties' claims months or even years after registering ownership.
Where to start the check
The first step Alyoshkin recommends is to request an extract from the Unified State Register of Real Estate (EGRN) through Rosreestr and find out how the seller acquired the apartment. He advises particular caution if the property came to the seller by inheritance, was privatized, or was resold several times within a short period. Additionally, it is worth examining information on court disputes related to the property.
Residents who cannot be evicted
Even flawless ownership documents do not guarantee the absence of problems with residents. The buyer should request data on all persons registered in or previously living in the apartment, and, if necessary, examine archival records, especially regarding the privatization history.
Children, maternity capital and the seller's condition
A separate block of risks concerns minors: before the transaction, it is necessary to find out whether children hold shares in the apartment, whether maternity capital was used in its purchase, and whether the seller fulfilled the obligation to allocate shares. Violation of a child's rights can become grounds for a court dispute. At the same time, a child's registration alone does not make them an owner and does not mean they cannot be removed from registration — each case requires separate assessment.
The seller's condition and bankruptcy
Alyoshkin emphasized that a psychiatric diagnosis by itself does not deprive a person of the right to dispose of real estate; however, if it is established that at the time of sale the owner did not understand the meaning of their actions, the transaction may be declared invalid.
Practical takeaway
An extract from the EGRN can be requested through Rosreestr, privatization documents and information on registered residents can be requested from the seller or obtained through authorized bodies. Before signing the contract, the lawyer advises handing the entire set of papers to an independent real estate lawyer. The seller's haste, refusal to show documents, or inability to explain how they acquired the apartment should raise red flags.
