The expert spoke about the risks of transactions with secondary housing

Transactions with secondary real estate can pose serious risks for both buyers and sellers. Mikhail Yusubov, Director of Legal Affairs at Kalinka Ecosystem, told Izvestia on March 26 about the main problems the parties to the deal may face.

"The first and very important risk is the risk of invalidation of the transaction. We are talking about the possibility of declaring the purchase and sale agreement invalid if circumstances that violate the requirements of the law are identified," the expert noted.

According to him, such facts may include the seller's lack of legal capacity — incapacity, limited legal capacity, sale without the consent of a guardian or trustee, lack of rights to dispose of a real estate object when the contract is not signed by the owner, an unauthorized person; the presence of grounds for restitution — double sale, transactions with signs of pretense or imaginary.

In addition, it is worth remembering about the risk of encumbrances. Before buying an apartment, it must be checked for the presence of registered encumbrances, for example, a pledge in favor of the bank, arrest, prohibition of registration actions. Transactions with objects that are under encumbrance may be declared invalid or restricted in their rights of disposal.

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"Another serious point is the risk of claims from third parties. For example, an incomplete inheritance history may become the basis for invalidating the transaction if the heirs who have not entered into the rights make their claims. It is also possible to retain the rights of use for the former owners — unregistered residents, temporarily removed from registration, minor children, incapacitated persons," he added.

According to the expert, the risk of financial obligations and debts is very common. The purchase of real estate with outstanding utility bills may entail for the buyer the risks of compulsory collection of these debts. It is important to take into account the possible presence of tax arrears related to the property. Only with the help of a professional can the risk of fraud be avoided. This may be the use of forged documents, for example, falsification of a power of attorney or a certificate of ownership, "double sales" or preliminary transactions that were not completed in accordance with the established procedure.

There is also a risk of incomplete fulfillment of obligations under the transaction. And here we are talking about a violation of the terms of the transfer of real estate, the refusal of state registration of the transfer of ownership, the inclusion in the contract of conditions that infringe on the rights of the buyer.

"The mandatory legal review of real estate includes an analysis of title documents and the history of the transfer of rights. It is also necessary to check the seller and request an extract from the Unified State Register of Legal Entities to identify possible encumbrances and arrests. It is important to use secure settlement mechanisms and arrange the transaction through a notary. The measures taken will help significantly reduce legal risks and avoid negative consequences for the buyer," Yusubov concluded.

Earlier, on February 5, it was reported that almost half of the Russians surveyed linked their plans in 2025 with the solution of the housing issue. One in eight (12%) plans to start saving and saving money to buy a home, 10% of respondents plan to sell an apartment, according to the results of a study by Level Group.