- Статьи
- Society
- Housing survey: realtors ask to introduce special rules for the sale of apartments for pensioners
Housing survey: realtors ask to introduce special rules for the sale of apartments for pensioners
After the spread of the "Valley scheme", real estate companies asked the State Duma, the Federation Council and the government to develop special rules for the sale of apartments by pensioners. In particular, they propose to conduct transactions with single housing only through nominal accounts and prohibit full withdrawals after the sale of an apartment — money withdrawal is possible for the purchase of a new one or medical treatment. Major market participants supported the initiative, while the State Duma was skeptical about it, noting the risks of age discrimination and a contradiction to the Constitution. For more information about what else market participants are offering, see the Izvestia article.
What realtors offer
The growing number of cases under the "Valley scheme" — when Russians return apartments sold under the influence of fraudsters through the courts, and bona fide buyers remain without money and without housing — has caused concern to real estate agencies and companies. The largest players in the industry have appealed to the government, the State Duma and the Federation Council with a request to develop special rules for the sale of apartments by pensioners. The government received the document, sources told the editorial board in the Cabinet.
"More than 90% of all cases are related to the sale of the only housing of elderly people under the influence of fraudsters, followed by the transfer of funds to third—party accounts," the letter says.
The authors suggest that if elderly people sell their only home, it is mandatory to use a nominal account (a bank account opened by one person to dispose of money belonging to another person) in the calculations: it will be opened by the buyer for the seller. The funds from it can be used to purchase other housing by the seller with the right to freely dispose of the remaining amount.
"If funds from the sale of a single dwelling are planned to be spent on the purchase of an apartment to third parties, including close relatives, ensure the protection of the rights of the elderly by allocating a proportionate share in the acquired property," the authors said.
It is also proposed to allow withdrawal from the nominal account of up to 10% of the cost of the sold housing. The use of the remaining funds — without acquiring ownership of residential premises — is proposed to be allowed to pay taxes, loans and other debts, goods and services of organizations in non-cash form, as well as to place funds on deposits. But only if there is a permanent registration at the new place of residence.
"All participants in the transaction process (real estate agencies, banks, Rosreestr and notaries) should be required to provide signed memos on combating fraud in the real estate sector and anonymous hotline numbers for such cases," the letter says. — Recommend conducting a psychological and behavioral examination with a significant reduction in the price of real estate sold by persons over the age of 55 relative to its market value (a decrease of more than 10%)."
Director of the federal company "Floors" Ildar Khusainov noted that the "Valley scheme" complicated the situation with transactions in the secondary housing market. According to him, it requires drastic measures to protect, on the one hand, the elderly from losing their only home, and on the other, to ensure the rights of bona fide buyers to the purchased property.
"Since the beginning of the year, we have already blocked about 10 such transactions, but fraudsters are forcing people to sell real estate without the participation of realtors," he said. — The proposed measures may seem harsh, but they are aimed at protecting people's rights to housing.
He recalled that State Duma deputies, as well as the Prosecutor General's Office, are now offering options on how to deal with such a scheme, and among the loudest-sounding proposals is the introduction of a cooling-off period for the sale of real estate for seven days. Ildar Khusainov believes that this will not solve the problem.
"Cases of abuse of established judicial practice have already begun to appear, when elderly people try to invalidate a deal months later," the expert added.
How is the initiative evaluated?
The proposed changes are quite reasonable, said Vsn Group CEO Yana Glazunova.
"But it's worth carefully evaluating transactions not only with the elderly, but also, in principle, all those related to the sale of a single home," she noted. — I have repeatedly observed how people, when ordering some documents, cannot even clearly explain what exactly they need. And the question arises: if they don't even realize at this stage what they need for the deal, do they really understand what will happen to their apartment next?
The expert noted that in the case of Larisa Dolina, who became a prime example of a new fraud scheme, neither the buyer nor the real estate agency that conducted this transaction were to blame for the fact that the seller suddenly had an "epiphany" and the singer decided to transfer the money to third parties.
— There seems to be no doubt about her sanity. Besides, this is clearly not her only place to live. Therefore, there are many questions about this situation," said Yana Glazunova.
The proposed changes require additional study, as it is necessary to take into account important nuances, says Yulia Dymova, director of the Est-a-Tet Department of Secondary Real Estate.
— We agree with the importance of having a permanent place of residence of a citizen, confirmed by registration at the place of residence, — she said. — This aspect will serve as an important element of protecting the rights of property owners.
But, according to her, the age criterion does not always become the determining factor for the success of a fraudulent scheme.
— It is necessary to analyze the expediency of introducing special control specifically for people over 55 years of age, — said Yulia Dymova.
To minimize the risks of invalidation of transactions, it is recommended to establish a clear list of actions that the buyer must take before concluding a purchase agreement, for example, to verify the legal purity of the object.
The initiative shifts the focus from dealing with the consequences to prevention, says Dmitry Vladimirov, managing partner of the IDI-Project project company.
"The scheme under discussion with nominal accounts will reduce the attractiveness of such scams for intruders by blocking the instant withdrawal of money," he said. — This is an additional protection for both the seller in case fraud does occur, and for the buyer. On the other hand, this can lead to a certain complication and lengthening of procedures, even for absolutely bona fide transactions. It is important to find a balance so that protective measures do not become an unnecessary burden.
According to him, tougher liability may become a serious deterrent to the spread of fraudulent schemes. According to current legislation, if a pensioner intentionally lies about fraud by fraudsters, wanting to return the sold apartment, he may face a fine, compulsory and correctional labor, or even restriction of liberty for up to 10 years. But, as lawyers say, returning the money received from the sale to the buyer can reduce the term of imprisonment, including to probation.
— When the responsibility becomes higher and more real, the attractiveness of such a "business" will noticeably decrease, — the expert believes.
How can the legislation be changed
The current situation affects both the protection of the rights of the older generation and the stability of the entire real estate market, said Alexander Yakubovsky, a member of the State Duma Committee on Construction and Housing and Communal Services.
"The proposed measures, including the mandatory use of nominal accounts for elderly sellers, restrictions on the disposal of funds or the automatic allocation of shares in purchased housing, require a very serious legal assessment," he said. — Some of these proposals actually restrict the right of ownership and the freedom to dispose of their property. In addition, citizens are being separated by age, which will create a risk of discrimination and conflict with the Constitution.
The MP expressed concern that if such measures are introduced, conscientious people will lose the opportunity to independently make decisions about their transactions.
— The rights of buyers who act openly and legally should not be compromised. This is a direct path to disenfranchisement and the growth of conflicts," he stressed. — The task of the legislator and the government is to find a balance. To protect senior citizens from fraudsters, to ensure stability for bona fide buyers and at the same time not to destroy the foundations of the civil turnover of real estate.
Vladimir Koshelev, first deputy chairman of the State Duma Committee on Construction and Housing and Communal Services, added that mental violence currently does not have a separate article in Russian criminal law, but is considered an element of crimes.
— It is necessary to supplement the Criminal Code with such an article on mental violence and recognize it as an aggravating circumstance, — said the deputy. — At the same time, it is necessary to expand the concept of "mental violence", since the current interpretation of the Criminal Code of the Russian Federation does not take into account this type of mental violence, which was used in the case of Larisa Dolina.
Various legislative initiatives are currently being discussed in the State Duma and among experts, Vladimir Koshelev recalled. For example, the priority of protecting a bona fide buyer in cases where the seller was deceived by third parties.
— The introduction of mandatory notarization for real estate transactions of the elderly or for other alarming signs, so that the notary can verify the legal capacity and voluntary expression of the seller's will, — he said. — As well as the establishment of special guarantee mechanisms, for example, the use of escrow accounts or other ways to temporarily block funds in transactions where there is reason to believe that the seller may be under pressure.
According to the Investigative Department of the Ministry of Internal Affairs of the Russian Federation, a total of 250 cases were recorded when property owners gave fraudsters money from the sale of apartments. 90 applications from pensioners for the return of real estate were submitted to the court. Most cases were recorded in Moscow and the Moscow region, St. Petersburg and the Novosibirsk region.
However, in only 20% of cases, the courts refused the former owner and the housing remained with bona fide buyers. Some of the legal disputes (39%) ended with the buyer being obliged to return the apartment, and the seller being obliged to return the money. In most cases (41%), if it turned out that the owner who sold the apartment was acting under the influence of fraudsters or was in a deranged state, the deal was terminated and buyers were often left without real estate, without money, and sometimes even with a mortgage loan.
In 2025, more than 3,000 transactions took place, which resulted in lawsuits with decisions to return apartments to sellers, said Mark Zavodovsky, founder of Baza Development. The money they received also remained with them, and sometimes criminal cases were brought against the buyers.
How not to become a victim of a pensioner
The proposed measures seem reasonable and logical at first glance, but they are associated with a significant restriction of the property rights of an indefinite part of Russian citizens, says Nikolai Zyryanov, a member of the legal committee of the Russian Guild of Realtors.
"Modeling the effect of these proposals shows that their practical implementation may not be possible," he said. — Further development of the concept of voluntary restrictions and self-restrictions may be more effective.
Such measures, he said, are simple, affordable and do not require a global reform of Russian legislation. The purpose of the changes, on the one hand, is to create conditions for preventing transactions under the influence of criminals, and on the other hand, to smooth out the consequences of agreements that have already been concluded, which are subsequently declared invalid.
— For example, the introduction of a voluntary self-ban on the sale of real estate can help. The purpose of such a change is to instill confidence in the minds of at—risk citizens that no illegal transactions with their real estate are possible, and the people who inform them about this by phone are scammers," said Nikolai Zyryanov.
He believes that banks could supplement the standard terms of agreements with individuals on opening accounts with a clause on voluntary self—prohibition - to receive an amount greater than a certain amount.
The problem of fraud with real estate of senior citizens has become one of the most painful issues in the secondary housing market, said Valery Tumin, Director of Russian and CIS Markets at fam Properties.
"The proposal to require the use of escrow accounts for the sale of single homes for the elderly could be the next logical step," he believes. — It is especially important that the funds in such an account are unblocked only after the registration of the transfer of ownership and the expiration of a certain period. This gives time to verify the legality of the transaction and protects both sides.
For a comprehensive solution to the problem, it is also necessary to expand the scope of notarization, believes Vladimir Kuznetsov, chairman of the All-Russian Trade Union of Mediators. A notary, as an independent and qualified lawyer, is obliged to verify the legal capacity and the true will of the parties, which will become a more reliable barrier than a recommendatory examination.
"It is necessary to legislate the responsibility of banks if it is proved that the transfer of large amounts from the account of an elderly seller to the accounts of fraudsters was carried out without proper verification of a suspicious transaction in accordance with the requirements of the Central Bank," the lawyer added.
And Ilya Vasilchuk, an expert on the security of real estate transactions, simply advised bona fide buyers, together with a professional lawyer, to check all documents, conduct a survey of neighbors, relatives, and work colleagues. He also recommended that you beware of transactions with an obviously undervalued price and quick sales, as well as to seek the release of the apartment being sold by the seller from their belongings and the removal of the owners and all those living in the apartment from the registration register before concluding the main contract.
Переведено сервисом «Яндекс Переводчик»
