Is it dangerous to buy an apartment received by inheritance, and how to protect yourself?

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Buying an apartment is a responsible, long-awaited event for many, and it should not be carried out spontaneously or thoughtlessly. This is especially true for the acquisition of inherited living space, the history of which can be rich not only with interesting facts, but also with unresolved inheritance disputes, debts and deferred claims of belated heirs.

But is it worth refusing to buy a home you like just because it was received by the owner by inheritance? There is no single correct answer to this question. The decision depends on the circumstances surrounding each specific situation. But in any case, it should be based on a careful study of the documentation and taking into account the potential risks typical for such transactions.

Briefly about inheritance law

Awareness of the order of inheritance will help the future buyer to correctly assess the risks:

• After the death of the testator, his property passes to the heirs on one of two grounds - by law or by will.
• By law, only relatives or family members of the deceased owner, who are called upon to inherit in turn, can take possession of an apartment.
• In total, the law provides for eight stages and, if the first for some reason did not accept the right to property, then this opportunity passes to the second and so on.
• If the testator is not satisfied with the established distribution of property, he can leave instructions regarding the future owners of the apartment.
• According to a will, living space can go to any person or organization, regardless of their relationship with the deceased.
• The previous owner of the apartment has the right to order the appointment of a testamentary refusal. As a result of its completion, the specified person gets the opportunity to live in the apartment for a certain period of time or for life, and this right is retained by the legatee even in the event of the sale of the living space.
• A will cannot revoke the right to an obligatory share that disabled close relatives and dependents of the deceased have.
• The period established for entering into inheritance is 6 months.
• The legislation provides for the possibility of accepting inherited property after the specified period if there are good reasons for missing it.
• The heir may be declared unworthy even after he has received a certificate of right to inheritance.
• The owner of the apartment has the right to draw up several wills, but only the last one will have legal force, in full or in separate contradictory provisions.

Inheritance law is regulated by Chapter V of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

Risks of the buyer of inherited real estate

Housing, regardless of its value, is often the subject of dispute among heirs. Often they are unable to find a common language among themselves, which leads to lengthy legal proceedings.

In most cases, inherited property or part of it is distributed among relatives in equal shares. Accordingly, several sellers are involved in the transaction. And when someone refuses to sign an apartment purchase and sale agreement, the buyer faces additional difficulties.

In addition, there is a risk of new claimants suddenly appearing, claiming their own rights to the property. After all, Art. 1115 of the Civil Code of the Russian Federation makes it possible, under certain conditions, to renew the time for going through the procedure for accepting an inheritance.

To protect yourself from negative consequences, you need to know on what legal principles housing is inherited, and other features of this procedure.

The heir received the property by law

In the absence of a will, property is transferred to people close to the deceased. Depending on the degree of relationship Ch. 63 of the Civil Code of the Russian Federation divides them into eight stages. The heirs of the first degree have priority rights: spouse, children, and parents.

When all first-line representatives are present on the inheritance certificate, there is no reason to worry, and the transaction will go through quickly and successfully. However, there is such a detail.

Sometimes not all the children of the testator are indicated in the document from the notary. A copy of the passport of a deceased person will provide little information, since parents have the right not to include information about their children in it. Therefore, it is not possible to reliably check whether the testator has any more children - this is the main risk.

When property is inherited by persons from the second and subsequent lines of successors, you need to be prepared for the fact that it is unrealistic to identify relatives who are not indicated in the certificate and have the right to the property. Accordingly, the risks when purchasing such an apartment increase noticeably.

The apartment was inherited by will

And this also conceals one of the risks for buyers. The written will of the deceased takes precedence over legal inheritance. And it must be certified by a notary, who acts as a kind of guarantor of the legitimacy of the transaction.

There are situations when the deceased made a will while in an inadequate state due to mental problems, which is visually difficult to determine.

In this case, the relatives of the deceased go to court with a claim to declare the will invalid and often seek the cancellation of property transactions.

Accordingly, inheritance occurs according to law and the plaintiff’s right of ownership of the disputed object is recognized, about which the court makes a decision.

Additional important details:

1. Mandatory heirs (dependents, disabled children and parents) may not be indicated in the text of the will. Meanwhile, they will receive at least 50% of the part of the property due to them by law.
2. Several versions of the document were drawn up, and the last one became known later and it indicated a different list of receivers for the property.
3. The will was hidden by the deceased, and the notary learned about the death of the testator years later (especially if he was in another city or village). The relatives of the deceased were not aware of its presence and everything was inherited by law from the very beginning.

Considering the above, it is necessary to carefully check the documents for the apartment. It will also be useful to contact the notary chamber of the region. It contains information about the deceased's previous wills, if any.

But even here there are possible dangers. After all, a will can be drawn up outside the country. In addition, in some situations it is not certified by a notary. Therefore, the will of the deceased becomes “unexpectedly” known after a long time.

Risks of buying an apartment by inheritance less than 3 years old

Based on the above, we can highlight the main risks that await the purchaser of an inherited apartment:

1. A few years after the purchase, heirs who have not accepted the rights to housing within 6 months may appear and file a claim to restore the period for entering into inheritance.
2. A similar situation threatens to happen to the legal holders of the compulsory share who did not learn about the opening of the inheritance in a timely manner.
3. Unscrupulous sellers may try to hide the existence of orders from the deceased owner regarding the legatee who has the right to reside in the apartment.
4. There is a possibility that the heir to the apartment will be recognized as unworthy after its sale.
5. When registering, the marital share was not allocated from the inheritance.
6. The will may be declared invalid.

The occurrence of at least one of the listed circumstances may entail unpleasant consequences for the new owner of the living space, including challenging his ownership of the purchased apartment.

During the first three years after the opening of the inheritance (death of the previous home owner), the risks accompanying the purchase and sale transaction are the highest. This is explained by the existence of statutory deadlines for accepting an inheritance, testamentary refusal, and also a statute of limitations.

The most “dangerous” is the first year after the seller receives the inheritance. The process of succession and registration of housing may extend over this period even for punctual heirs. The main reasons for this: restoration of lost documents, litigation on the division of property, ignorance of the death of the heir due to departure or illness. But even after 12 months, the risks remain relevant, although as they move away from the critical period, the likelihood of their materialization decreases.

What should a buyer of an inherited home pay special attention to?

Since there are cases of fraudulent actions on the part of sellers of apartments inherited, the buyer should pay attention to the following points:

1. Be sure to find out from the management company, housing department or neighbors the composition of the seller’s family. Who was registered in this apartment and what kind of relationship they had with the seller or the testator, it is also necessary to order an archival extract from the house register.
2. If the seller received the apartment under a will, read the text of that will. After all, there is a possibility that, in accordance with Article 1137 of the Civil Code of the Russian Federation, it contains a testamentary refusal. This means that the testator could oblige the heir to grant a lifelong right to use the housing to any person. However, a change of owner of the property does not affect this right.

Example: Gennady Petrovich, who was in a civil marriage with Marina Vasilievna, died. According to his will, he left the apartment to his only son, but included in it the condition that Marina Vasilyevna has the right to live in the apartment alone and use it until her death. According to the terms of the testamentary refusal, it was prohibited for other persons to move into the apartment until Marina Vasilievna’s death. The son sold the inherited apartment, but honestly told the new owner about the testamentary refusal. Thus, the buyer had the right to move into his home only after Marina Vasilievna died, 4 years after purchasing the apartment.

However, in practice, many sellers do not inform buyers about the bequest, and after purchasing an apartment this becomes a very unpleasant surprise.

Risks when buying an apartment by inheritance for more than 3 years

Focusing on judicial practice in inheritance cases, experts note a reduction in the described risks in cases of purchasing real estate inherited more than 3 years ago. This is exactly the period of limitation for inheritance cases in accordance with Art. 196 of the Civil Code of the Russian Federation. The beginning of its course is considered to be the moment when the plaintiff learned about the offense or the circumstances preventing entry into the inheritance no longer exist.

The three-year period also includes the ability of the legatee to apply for a material benefit or service provided at the expense of the apartment.

The deadline for filing a claim for the award of inherited housing or challenging the ownership of it is 10 years after the death of the testator or the commission of an unlawful act that is the cause of the claim. And this moment practically equalizes the probability of losing the purchased living space, which was inherited less than 3 years ago or more.

But in any case, purchasing an apartment 1-3 years after its inheritance significantly reduces the likelihood of unpleasant surprises from its potential owners.

Checking the purity of the transaction

To check the frequency of transactions, it is possible to contact authorized official bodies.

The buyer may require the seller to jointly visit the Rosreestr authority and take an extract regarding the apartment. In this case, it is necessary to be present both at the completion of the application and at the receipt of the result. It would be useful to contact the notary chamber to check the credentials of the specialist who will formalize the transaction. When visually inspecting documents, you should pay attention to the absence of erasures and corrections; this will also help you protect yourself.

Risks under a will

Special mention should be made of the troubles that threaten the buyer of an apartment inherited by will.

Some people are confident (mainly due to the assurances of unscrupulous or insufficiently knowledgeable sellers in inheritance matters) that a will provides high guarantees to the purchaser of inherited property. On the one hand, this is true. Some wills narrow the circle of possible successors, distribute the inheritance among designated persons, significantly reducing the time required to register property and eliminating the cause for inheritance disputes.

The act of last will of the previous owner of the property does not always contain clear instructions regarding the heirs and the amount of shares due to them. Sometimes its subject is only the exclusion of certain persons from the circle of legal successors or other orders that are not essential for the buyer. Thus, the presence of a will does not increase the reliability of the transaction, but, as practice shows, on the contrary, it gives additional reason to doubt the purchase of inherited real estate.

Risks of purchasing a bequeathed apartment:

1. Contestability of a will. An act of posthumous expression of will of a citizen may be declared invalid* in court at the initiative of any successor from the current line of inheritance by law.
2. Availability of additional orders of the testator. The most unpleasant thing for a new owner of a living space is a testamentary refusal. It is expressed in granting a certain person the right to reside in an inherited apartment for a certain period of time or for life. Moreover, this right is not canceled upon alienation of property, that is, the new owner may have an unwanted neighbor in the purchased housing.
3. The existence of legal holders of an obligatory share of inheritance. This category of successors cannot be deprived of inherited property even by will - they have the right to claim half of what they could have received by law in any case (unless they are declared unworthy heirs). These may be disabled father, mother, spouse, children and dependents of the testator who, for good reasons, were unable to timely declare their rights to the apartment.

* - a will is invalid if the testator at the time of its preparation:

• was deprived of legal capacity;
• was in a state of short-term loss of the sense of reality of what was happening (due to intoxication with chemicals, severe stress, affect);
• was under psychological and/or physical pressure.

Among the risks that are practically impossible for a potential buyer to analyze is the possibility of recognizing the heir as unworthy. Even a successor who was appointed by the testator himself may be deprived of his rights; according to the law, he does not have any advantages over the successor.

The grounds for declaring an heir unworthy may be as follows:

• incriminating him of illegal actions in relation to the testator, his expression of will, as well as other heirs in order to increase the inherited profit;
• failure to fulfill alimony obligations in relation to the now deceased (in cases established by law).

Inheritance

The transfer of property from the testator to the heir occurs according to certain rules.

In short, there are two main ways to do this:

• transfer of an apartment received by inheritance according to a will;
• transfer of inherited property according to law.

In the first case, we are talking about a document drawn up in advance, which describes in detail which inheritors will receive what. In the second case, the decision is based on the degree of relationship between the testator and the recipients of the property. All possible variants of family ties are divided, relatively speaking, into several groups. They are called kinship queues. The first of them includes the closest relatives, the second - less close ones, and so on.

No more than eight lines of kinship are usually considered, but in rare cases there may be more.

First and foremost, for example, are spouses, children and parents. The distribution principle is very simple. If there are one or more first-degree relatives, then all property is divided equally between them. If there are none of them, but there are second-degree relatives, the inheritance is divided equally between them. Other queues are treated in a similar way.

Fraudulent schemes

An unscrupulous seller can use some tricks to pull off a fraudulent scheme, as a result of which the buyer will be left at a severe disadvantage or even lose money without receiving anything in return.

Example. "Concealment of legatees." According to the will, the beneficiary, along with the apartment, also inherited its resident - a friend of the deceased, who has the right to live in the living space for life. By prior agreement with the latter, the successor put the apartment up for sale, and the legatee postponed the registration of his right until the end of the established period (3 years from the date of death of the testator).

The heir sells the apartment and a year later the new owner receives a legatee indicating the registered right of residence in the apartment. He demands a significant amount of compensation from the acquirers, and after refusal, he legally moves in with them. The inconvenience caused by the tenant forces the owners to pay him for a notarized waiver of the rights to reside in the living space.

Example. "Cancellation of power of attorney." The owner of the home issues a power of attorney to sell it to a friend, who then acts on his behalf. When buyers ask questions about the owner of the apartment, the representative informs about his urgent departure abroad. Trusting buyers sign a purchase and sale agreement and transfer money to the attacker. Immediately after this, the real owner of the living space revokes the power of attorney, and the entire transaction is considered invalid due to the lack of authority of the representative.

Then the attacker hides, and the owner calls himself a victim of deception.

Example. "Conspiracy with the heir." The situation unfolds according to a scheme similar to an agreement with the legatee, who in this case is replaced by the priority heir or the legal holder of the compulsory share.

One of the priority successors registers the living space in his own name and after 3 years finds buyers for it. At this time, the accomplice, under the cover of good reasons, allegedly does not know about the opening of the inheritance, and several years later appears in court to restore inheritance rights in court. And, since the statute of limitations begins to count only from the moment when the testator learned or should have learned about the death of the testator, he achieves success in court.

With a court decision to restore the deadline for accepting the inheritance, the fraudster registers his part of the apartment and makes demands for payment of compensation to the new owner of the inherited living space. According to the attackers, buyers had to pay for the apartment twice. But timely contacting a lawyer saved them from unnecessary expenses. The specialist explained to them the position of the law regarding the rights of a bona fide purchaser, according to which all property claims of the emerging heir must be directed to the seller.

Example. "Black realtor." Not only buyers, but also homeowners risk becoming victims of this scheme. Only the last two consequences are much more deplorable. Criminals, the so-called black realtors, fraudulently, under the influence of physical or moral pressure, force the testator to bequeath an apartment to them, and then kill him. The received inheritance is registered and then sold by them according to all the rules.

The consequences of an illegal transaction for buyers occur if the legal successors of the deceased owner of the apartment have doubts. If they can prove a criminal act against a relative, the sale transaction will be invalidated due to the lack of legal force of the will.

Stages of registration

Registration of a transaction for the purchase and sale of an inherited apartment consists of several stages. The procedure begins with the collection and verification of the necessary documentation, that is, the availability and reliability of the information provided. After this, the parties to the transaction determine the terms of the future agreement. Then a draft agreement is drawn up. At the end it is signed.

Verification of documents

Checking the submitted documents is one of the most important stages of completing a transaction.

In this case, the reliability of information and data is established. There are several ways to do this. The simplest and most accessible of them is the reconciliation of copies and originals. However, this option is not the most convenient, since many people do not have sufficient knowledge to visually identify falsification.

Another way is to request information from official authorities. This method cannot be used by the party who will buy the property, since only the owner can receive information about the apartment. You can also use the services of an expert. However, this option will incur additional costs.

Negotiation of conditions

After all documents have been verified, the parties to the transaction must agree on the terms of the future contract. It should be borne in mind that the current legislation has not approved a standard model mandatory for use. An agreement is essentially an expression of the will of the parties. However, it is necessary to take into account the requirements established by the rules of the Civil Code of the Russian Federation. The text of the contract must indicate all information that is relevant to the transaction.

These include:

1. Date and place of signing.
2. Information about the parties to the transaction. The full last name, first name and patronymic of each participant, as well as passport details, are indicated here.
3. Subject of the agreement. In this case, you must indicate the total area of ​​the apartment and the number of rooms.
4. Transaction cost and payment procedure. The price is indicated in numbers and words. Payment can be made either in cash or by crediting funds to the owner’s account. In the latter case, it would be correct to request a receipt of payment. In this section you can specify the procedure and amounts for receiving the advance payment.
5. Rights and obligations of the parties. In this section, it is necessary to indicate that each of the participants has the opportunity to demand from the other party the proper and timely fulfillment of the terms of the agreement. That is, one transfers the apartment, the second accepts it and pays for it.
6. Responsibility of the parties. This section should reflect the sanctions that can be applied to a participant who does not fulfill the terms of the transaction. They can be expressed in a fine, penalty, penalty or obligation to compensate for the damage caused.
7. Other conditions. The number of copies of the agreement is indicated here, as well as the right of each participant to go to court in the event of a dispute.
8. Bank details and signatures of the parties.

At the same time, in the text you can make references to articles of the Civil Code of the Russian Federation relating to purchase and sale.

Registration of the contract

To draw up the contract, you can use regular office paper. In this case, the text can also be drawn up using a stationery pen. Although in most cases technical means of printing are used.

Words and phrases that offend human dignity must not be used in the text. Corrections and blots are also not allowed. Any changes and amendments are made to the contract by drawing up an additional agreement.

The parties can draw up a draft agreement themselves, or by resorting to the services of a qualified lawyer. In the latter case, additional costs will arise.

Is it worth buying an apartment received as an inheritance?

The decision to purchase inherited living space should be made taking into account all existing risks and you should think twice if:

1. Less than three years have passed since the death of the previous owner (this clause does not exclude the possibility of challenging the transaction due to circumstances unforeseen for the buyer and seller, but significantly reduces the risks associated with the latter’s dishonesty).
2. There is no personal contact with the property owner. This is an extremely alarming circumstance, especially considering the unreliable legal status of the power of attorney under which the intermediary will carry out the sale.
3. The heir did not have time to deregister the previously living persons, including himself, from the registration of the living space.
4. An elderly seller (over 70 years old) refuses to provide a certificate of his own legal capacity (a common reason for cancellation of transactions is the presence of senile dementia on one of the parties, which completely or partially deprives the patient of legal capacity).
5. The owner of the apartment refuses to provide the potential purchaser with documents that can confirm the transparency of the agreement.

In other cases, the buyer can consider the recommendations below and, in the complete absence of suspicions regarding the documents and the good faith of the seller, decide to draw up a purchase and sale agreement. After all, many of the apartments for sale are inherited and it is not always advisable to refuse the desired option without clear grounds.

How to avoid problems

To avoid problems with the purchased apartment, you must carefully study the documents provided by the seller. You need to verify their authenticity. To do this, you can, together with the owner, contact the organizations that issued the relevant documentation. It should be remembered that in practice there are cases when the owner may seek to mislead the buyer. Therefore, you can turn to the services of an expert to evaluate the information.

In turn, the seller should be careful. There are often cases when problems arise at the calculation stage. The buyer may not pay the amount in full. That is, transfer the deposit, but not transfer the rest. Therefore, when signing the agreement and the acceptance certificate for the transfer of the apartment, it is necessary to demand the release of the entire agreed amount of money.

How to safely complete a transaction

The rights of the new owner of the living space are protected by the Decree of the Constitutional Court of the Russian Federation dated April 21, 2003. According to its instructions, a person who considers himself the owner of a sold item does not have the right to reclaim it from a bona fide buyer. And paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” states that if the inheritance is accepted after 6 months, the successor can only count on monetary compensation from the seller of the apartment.

The main task of the buyer in this case is to ensure the status of a bona fide one, that is:

1. Purchase real estate for a fee.
2. Be sure that the property was sold if the seller had the authority to do so.

In accordance with the second point, you can protect yourself from an unsuccessful purchase by following the following instructions:

1. Ask the owner for title deeds for housing, an extract from the Unified State Register of Real Estate, a house register and a passport.
2. Carefully check the documents for authenticity and consistency with each other.
3. Study information about the number of residents registered in a given living space and transactions carried out with its participation.
4. Review the certificate confirming the absence of debt obligations on the purchased property.
5. Find out about the basis on which the seller received ownership of the apartment (if by will, then ask to provide the document).
6. Examine the contents of the will for the presence of instructions regarding testamentary refusal.
7. Make sure that the purchase and sale agreement contains a reliable and current price for housing.*

* - a very important nuance that warns against indicating an undervalued value in the document: in addition to reducing the seller’s expenses, this entails possible financial losses for the buyer if the transaction is terminated.

A transaction through a representative requires careful verification of the power of attorney and the apartment owner’s awareness of it. In addition, you should protect yourself in case the owner decides to revoke the legal force of the power of attorney immediately after payment.

As for the moment of payment, you can adopt several methods of transferring the agreed amount to the seller:

1. Immediately after signing the purchase and sale agreement. It is recommended to do this in front of witnesses, requesting a receipt from the seller about the amount of funds received by him (include the passport details of the parties to the transaction and the signatures of witnesses in the receipt).
2. By placing it in a bank cell. The buyer places the money for the apartment in a specialized bank safe and orders the release of funds to the seller only if there is a certificate of registration of the apartment in the name of the buyer.

And it is important to understand that even if all precautions are taken, it is impossible to achieve a 100% guarantee of safety when purchasing an inherited living space, but you can increase it to the maximum with the help of an experienced lawyer.

Is it worth it or not to purchase inherited property?

The buyer makes a decision on real estate independently, depending on the characteristics and cost of the apartment. There are also risks that should not be forgotten.

First of all, you need to make sure that a certificate of inheritance has been issued for the apartment and new rights to it have been registered through Rosreestr. By the way, when there are several heirs, the question arises of acquiring only a share in the apartment. Not everyone decides to take such a step.

When the living space being sold was the subject of an inheritance under a will, it cannot be guaranteed that it will not be revoked. With this option, a real estate transaction is likely to be subsequently invalidated.

Therefore, inherited apartments have a special status on the secondary market. And in order to protect yourself, it is advisable to take precautions. Then scenarios for further developments of events are predicted.

Step-by-step instructions for buying an apartment received by inheritance

After completing the steps indicated here (see “How to securely complete a transaction”), the acquirer should adhere to the following action plan:

1. Agree with the seller on the place and time of the transaction.
2. Select a payment method and notify the apartment owner about it.
3. To make an agreement.*
4. Place the money in a safe deposit box (if you choose this payment method) or find witnesses who can confirm cash payment “from hand to hand”.
5. Together with the seller, go to the selected notary at the location of the apartment (the only possible way to certify the transaction for the alienation of an apartment after amendments to Article 42 of Federal Law No. 218-FZ).
6. Pay the state fee (0.5% of the cost of the apartment, but within the range of 300–20,000 rubles, according to clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation) and notary services of a legal and technical nature (established by the notary chamber of the subject).
7. Sign the contract.
8. Make a settlement with the seller.
9. With a notarized agreement, go to the nearest Rosreestr office or branch of a multifunctional center to register the transfer of ownership.

* - the purchase and sale agreement must contain:

• technical characteristics of the living space;
• data on the location of the apartment;
• transaction price;
• the date of entry into force of the agreement;
• distribution of costs for processing a transaction;
• details of the parties.

When completing a transaction, the seller must provide the following documents:

• passport;
• certificate of inheritance;
• extract from the unified state register of real estate;
• explication;
• floor plan.

The buyer only needs a passport.

It is possible and necessary to get around the rough edges when buying inherited real estate, especially if this apartment is exactly what you have been looking for for so long. But taking into account the magnitude of the risks, doing this yourself, without special knowledge, is extremely unreliable.

To increase the security of the transaction, you can seek professional help from the lawyers of the website ros-nasledstvo.ru, who are ready to answer your question free of charge at any time convenient for you.

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List of documents

Registration of a transaction for the purchase and sale of an apartment is impossible without the presence of certain documents. Taking into account the specifics of the status of inherited housing, in addition to the basic information, additional information will be required. However, most of them are provided by the seller.

This list includes the following documents:

1. Passports of the parties to the transaction.
2. Certificate of inheritance rights to the apartment being sold. It is provided by the owner.
3. Certificate or extract from the EPPN on state registration of the right to an apartment. These documents can be obtained from Rosreestr.
4. Cadastral passport for the apartment.
5. An extract from the Unified State Register, which confirms the absence of arrest, bail and other restrictions on the apartment.

Despite the fact that certified copies of documents may be attached to the agreement, it would be correct for the parties to submit the originals for verification.

Actions in case of disputes

If a dispute does arise, it can be resolved in several ways. The simplest and most beneficial for both parties is negotiations. This option allows you to resolve all issues with less significant expenses. For example, after mutual settlement it turned out that other heirs were also laying claim to the apartment. In this case, in order to avoid problems, the parties draw up an additional agreement to cancel the previously signed agreement. In such a situation, the documents will be returned to the seller and the money to the buyer. It should be noted that it is most advantageous to use this method before the ownership has been registered in the manner prescribed by law.

If the parties fail to reach an agreement, then each of them has the right to go to court. To do this, it is necessary to fill out a statement of claim and attach to it all the documents that were the basis for the implementation of the transaction.

The text of the appeal must indicate the following:

1. The name and address of the court to which the claim is being filed.
2. Information about the plaintiff and defendant - full last names, first names, patronymics, place of residence, contact information.
3. Detailed description of the transaction - date and place of conclusion, subject, price, obligations of the parties.
4. What was the violation of the terms of the contract?
5. Plaintiff's claims.
6. List of attached documentation. This will include a purchase and sale agreement, an apartment acceptance certificate, a receipt for receipt of funds, and a receipt for payment of state duty.
7. Signature of the plaintiff and date of application.

It should be noted that filing an appeal to the court is possible only if the initiator has received a refusal from the other party to resolve the issue pre-trial. The completed claim along with the necessary documentation must be sent to the court.

You can do this in several ways:

1. Deliver in person or through a proxy. In this case, the documents are handed over against signature.
2. Send by mail.
3. Send over the Internet.

The plaintiff determines the method of transfer independently. Once the material has been received and verified, a trial will take place. At the end, the court will make its decision and send it to the parties to the dispute.