The lawyer gave recommendations on the safe purchase of real estate
The age or status of a pensioner by itself cannot serve as a basis for recognizing a person as legally incompetent, however, careful legal preparation is necessary when making real estate transactions. This was stated by Albert Khaleyan, a criminal lawyer, partner of the Moscow Bar Association Vector Prime, and mediator at the Moscow Chamber of Commerce and Industry, in an interview with Izvestia on October 21.
"You can protect yourself not by refusing transactions with certain categories of citizens, but through careful and professional legal training. My advice is always to notarize the transaction. The notary does not just certify the signature, but bears full financial responsibility for the correctness of the transaction. He is obliged to verify the legal capacity of the parties, check the legal purity of the apartment, explain to the parties the essence and legal consequences of the transaction and make sure that the expression of will is free and conscious," he said.
The expert recommends that it is mandatory to request fresh certificates from the psychoneurological and narcological dispensaries from the seller, especially if there is the slightest doubt about his condition. It is also necessary to check for disability and its group, as this may affect a person's legal capacity. When buying an apartment acquired in marriage, the notarized consent of the spouse is required, and with the participation of minors or incapacitated owners— the permission of the guardianship authorities is required.
To prove the legality of the transaction, it is important to confirm two key aspects: the seller's legal capacity and the buyer's good faith. Videotaping of the negotiations with the permission of the participants, the protocol of the notarial survey and witness statements can serve as proof of the adequacy of the seller at the time of the transaction. All monetary settlements must be carried out through a safe deposit box, letter of credit, or by receipt of a receipt.
Special attention should be paid to checking the title history of real estate — the basis for the acquisition of property, the presence of legal disputes, encumbrances and the rights of third parties. As Khaleyan emphasized, the costs of consulting a lawyer and notary services are not comparable with the risks of losing an apartment and money.
"If the apartment was privatized, make sure that all adult tenants at the time of privatization gave up their share voluntarily. Are there any underage or incapacitated owners? Their interests are protected by the guardianship authorities, and without their permission, the deal will be void," the lawyer said.
In the procedural aspect, the lawyer noted the importance of the statute of limitations, which in such cases can be calculated from the moment of awareness of the violation of rights, and not from the date of the transaction. A comprehensive psychological and psychiatric examination often becomes decisive evidence in court, as it allows us to establish a person's ability to understand the significance of their actions at the time of the transaction. The buyer's task is to collect the maximum amount of evidence of his good faith and prudence in order to protect his rights even in the event of a dispute over the transaction after many years.
"Do not skimp on consultations with a competent real estate lawyer and notary services. These costs are not comparable with the risk of losing the apartment, the money, and the funds invested in the renovation. Be careful, check everything on the shore, and then your deal will not only be profitable, but also, most importantly, reliable," Haleyan concluded.
In the analytical center "Movement.On October 13, <url> reported to Izvestia that in August 2025, the volume of overdue mortgage loans reached the highest levels in the entire history of such programs in Russia and amounted to 156.9 billion rubles.
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