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The expert spoke about the risks of bona fide buyers when buying apartments

Lawyer Georgieva: a bona fide buyer needs to check the seller's debts
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Photo: RIA Novosti/Alexander Kryazhev
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A bona fide buyer has the right to housing and judicial protection. Such a buyer has the right to demand a refund and reimbursement of expenses incurred if the transaction is declared invalid. This was announced on December 12 in a conversation with Izvestia by Alla Georgieva, a lawyer, a member of the Guild of Realtors of Moscow, a member of the committee of the Russian Guild of Realtors for GR.

The expert explained that the buyer's good faith is confirmed by the fact that he fulfilled all reasonable requirements of the law, checked the object and the seller, showing due diligence. Key responsibilities include obtaining an up—to-date extract from the Unified State Register of Legal Entities, checking title documents, analyzing the history of the transfer of rights and identifying encumbrances. Special attention is required to properties purchased less than three years ago, as well as to the spouses' housing during the divorce period: the lack of consent from the second spouse makes the transaction questionable.

The lawyer stressed the need to verify the identity of the seller, including his legal capacity.

"Not every certificate from a psychiatric dispensary indicates a person's understanding of the subject of the transaction," she noted, recalling the common cases of sellers being misled, which are also found among young people.

Debts, possible bankruptcy of the seller and his spouse, as well as archival information about registered persons and those who were registered in the apartment during privatization are subject to verification.

The lawyer noted that underestimating the price in the contract carries serious risks. The document should clearly indicate the timing of the transfer of the apartment, the payment procedure and the source of funds. Share transactions must be notarized, and the sale procedure itself, especially with the participation of older people, must be recorded on video. The buyer also needs to check the redevelopment through the technical plan and the extended statement of the Unified State Tax Service.

For more information, see the Izvestia article.

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Переведено сервисом «Яндекс Переводчик»

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