Buying an apartment that was inherited. Buying an apartment received by inheritance: risks and ways to minimize them

Every day there are a huge number of real estate purchase and sale transactions. However, among these transactions, there are not so many of those related to the purchase of inherited apartments and houses. Since such contracts are associated with a greater number of risks than usual, although they attract potential buyers with several, very significant advantages. Let's try to understand the nuances in order to understand what we are talking about.

Table of contents:

Risks when buying apartments received by inheritance

The main "pitfall" of the aforementioned transactions is the possibility of acquiring, together with the inherited apartment, the claims of heirs who consider themselves deprived. At the time of signing the sale and purchase agreement, there may be a lawsuit in which such heirs defend their own rights, violated, as it seems to them, during the “distribution” of the immovable inheritance. Perhaps no one will be able to “reshare” anything, but what if it does? Then the buyer will have problems.

So, the inheritance of property occurs:

in law;
or by will.

If there is no will, inheritance in any case occurs according to the law and according to the order. Spouses, parents and children of the testators belong to the heirs of the first stage. And here the details-nuances are often found:

The above situations are the most common, but far from the only ones. This means that there are much more problems associated with inherited apartments. So, when planning to purchase such a property, you should be prepared for all sorts of surprises.

Important: of course, the heirs are required by law to appear within 6 months from the death of the testator. But those, for example, who are abroad or in places of deprivation of liberty, for obvious reasons, cannot “drop everything” and come to inherit. And in case of appeal after the expiration of the legal period, the court will definitely extend this period. This must be kept in mind.

In addition, also very important point can be considered "legitimate priorities" associated with the entry into the inheritance. After all, there are categories of citizens who are entitled to a share in the estate in any case, regardless of what is written in the will. And upon receipt of a lawsuit from them, a share will be allocated to them even in the sold property.

And if the seller is recognized as an unworthy heir in a judicial institution, the transaction will be canceled altogether. But whether the buyer will return his money back or not is a big question. It is clear that in most cases the funds will have to be returned not only through the court, but also through bailiffs. This is not fast, and even then, provided that the former seller has some property to be sold, or some kind of savings. In general, everything is complicated and long, so it is better to protect yourself by not getting involved in such transactions.

And this is not all the "pitfalls" that an unlucky and overly gullible buyer can run into. If the seller sells an apartment that he barely inherited, he may ask to indicate in the contract the value of less than a million rubles in order not to pay tax on it, as for property sold for up to 3 years of ownership. And many agree to indicate in the documents not the real amount of the transaction, but artificially low. And they risk only this amount and return it if the transaction is invalidated and canceled.

There is another problem, which is also very common. It is connected with the fact that often testators, writing real estate to their children in a will, also prescribe a clause according to which their own parents are allowed to live in this real estate until the end of their days off. Thus, the buyer, without suspecting anything, buys not only an apartment, but also the “obligatory” tenants in it. It will also be quite difficult to turn such a deal back without loss.

How to avoid problems when buying an apartment received by inheritance?

Did you like the apartment? Satisfied with everything, including the price? And yet, do not rush to conclude a deal and sign a contract. To get started, learn the true "history" of real estate.

This is easy to do, just follow the step-by-step instructions:

Request an extract from the EGRP. The answer will indicate transactions with an apartment from 1998 to the present day. "Bonus" will be information about encumbrances.
Order, which contains information about all registered in the living space.
Information about testamentary refusals will be issued by a notary.
A Additional information about children, spouses, relatives can be obtained from talkative neighbors.

In the passport office you can also find out information about the seller himself. In any case, about his possible convictions - for sure. And there it is worth asking: did the owner of the apartment really die? There are a lot of scammers now and from year to year they are becoming more inventive.

Fraud in the sale of apartments received by inheritance

The simplest thing you can expect from a fraudulent seller is a forged will. Therefore, do not be lazy to consult a notary public for the authenticity of the presented document.

Also, scammers often slip potential buyers fake donation or sale agreements. A request to Rosreestr will help to understand these issues.

There is another "interesting" fraudulent scheme. An elderly person with housing begins to receive signs of attention and care from a distant relative, neighbor, or even a “random” acquaintance. Then, fraudulently, the “caring comrade” turns out to have a general power of attorney. And when the old man dies, the apartment is immediately sold. And of course, scammers do not warn bona fide buyers that they will have problems with the heirs of the deceased owner.

There are still "black realtors", deals with which do not bode well. So it's best to avoid buying an apartment if you know about it that it was recently inherited.

Is it worth it to buy an apartment received by inheritance?

However, to risk or not - everyone decides for himself. Moreover, there are pluses in buying heritage apartments. Sometimes very tangible. You can reduce the risks by following simple rules:

Do not agree to lower the price, when specifying it in the contract. In no case! Since the most negative scenario will lead to the fact that only this amount can be claimed from the seller.
Don't neglect title insurance. Then, in case of loss of rights to the apartment, the insurance company will return the costs to you.
Be sure to carefully check the apartment if the seller sells it for 20 or even 30% below the market value. Do not believe the words about an urgent departure, a necessary operation or other circumstances - make sure for yourself that the property is “clean” or do not agree to a deal at all.

Important: when several people inherit the apartment, each of them must sign the contract of sale . Unless someone alone does not have a power of attorney for the right to perform such actions and receive money.

Buying an apartment by proxy: basic rules

Many are interested in: how big is the risk of acquiring real estate by proxy? Of course, such an operation is fraught with serious risks. And it’s more correct to get to know the person who owns the property and has issued a power of attorney to the representative. In addition, it should be remembered that the person who issued the power of attorney has the right to cancel it at any time in unilaterally. And this is fraught for the buyer with the same litigation, cancellation of the transaction and long ordeals with the return of their own funds.

An important role is played by the legal capacity of the owner of the apartment who issued the power of attorney. If she (capacity) is in doubt, the transaction will also be canceled in court. And here the unlucky buyer will be able to say goodbye to money forever. And the apartment will certainly be returned to an incompetent citizen.

How to check the seller's capacity? Ask him driver's license or make inquiries at the local neuropsychiatric dispensary.

How not to lose when buying an apartment received by inheritance?

There are apartments that are sold and resold literally “in a circle”. In such situations, the legal illiteracy of the population and the irresistible desire to save money, even to the detriment of their own financial security, play into the hands of fraudsters in such situations.

Many people are sure that if in the “carousel” with a real estate object, the court recognizes them as “bona fide owners” as the last purchasers, the apartment will remain with them. But no! The judge will get to the bottom of it. And no matter how many owners there were, it will return the housing to the original rightful owner.

To be sure that the apartment is purchased from the owner according to the law, you should apply for an extract from the BTI - the information is reliable there. And the contract must be read. Read slowly - it displays all the information related to the residential property being sold.

You can consult with a lawyer who specializes in buying and selling real estate. Let him accompany the deal, to be sure. This, of course, will cost money, but small, compared to what you can lose.

Payment procedure when buying an apartment

There are 3 legal options for calculating the purchased apartment:

Cash up to state registration transaction, after signing the main contract for the sale of the apartment.
Cash after the state registration of the transfer of ownership.
By transferring money using a safe deposit box.

Practice shows that the latter method is the most correct, reliable and safe.. However, whatever method is chosen, it is worth:

check whether persons are registered in the apartment, which will be very difficult to write out (according to the House Book);
find out if there are tenants in the apartment who have the legal right to live in it for life;
clarify whether the seller, who is legally married, has a notarized permission from the spouse to sell the property.

Important: to buy or not to buy recently inherited apartments is only the decision of the buyer. However, it would be useful to learn everything about the selected property and consult with an experienced specialist.

Such apartments have one solid plus - often they are cheaper than others, similar ones. So you can really make a profitable large-scale acquisition. Moreover, the statute of limitations for inheritance cases is only 3 years. Further to this property, no one will put forward any claims.

To sell an inherited apartment, you must first formally enter into an inheritance and then formalize the ownership of the apartment. Only after completing these procedures, you can start searching for a buyer and collecting required documents.

For the sale of an inherited residential property owned by less than 3 years(in case of inheritance after January 1, 2016 - less than 5 years), there is a need to pay income tax(personal income tax). It should not be confused with that charged earlier after the registration of the inheritance in one's own property (now canceled). In addition, when selling real estate received as an inheritance, tax incentives.

Before making a purchase decision, the buyer should make sure:

in absence;
in stock them.

After the conclusion of such a transaction is subject to state registration in Rosreestr.

When can I sell an apartment after the inheritance

You can sell an apartment that was inherited immediately after receiving it ownership certificates- otherwise, such transaction will be considered invalid. To do this, you need to contact Rosreestr with the one already received from the notary, as well as with the following documents:

application for registration of property rights (filled in Rosreestr when submitting documents);
identity document of the heir (passport);
cadastral passport for the apartment;
receipt of payment of state duty for registration in the amount of 2000 rub.

Attention

To do this, you first need to writing notify all participants in the joint fractional ownership about his desire to sell the part of the inherited apartment, indicating the cost and other conditions of sale.
The refusal of all co-owners is fixed in writing.
If within a month from the date of receipt of the notification of the sale, the participants in the shared ownership have not confirmed their desire to acquire the share being sold, rejection is accepted automatically.

In case of violation of this procedure, any co-owner will have the right to file within three months statement of claim to court on the transfer of rights to purchase a home.

Information

In 2016, deputies of the State Duma from the LDPR faction proposal was made about compulsory sale apartments inherited in shares. In this case, if within six months the heirs cannot independently determine the sole owner or find a buyer, then the apartment will be subject to forced sale through an auction. The proceeds will be divided among the heirs in accordance with their shares.

According to the deputies, such a measure will reduce the frequency of family disputes over inherited property and reduce the risk of fraud in situations where one of the heirs creates conditions unsuitable for other owners to live in order to become the sole owner of the premises.

The procedure for selling an apartment

Before selling an apartment received by inheritance, according to the norms of the civil legislation of the Russian Federation, the future seller must first go through state registration of property rights(Article 131 of the Civil Code of the Russian Federation) on the basis of what has already been received. After receiving a certificate of ownership of the apartment at the registration chamber, you can begin to search for a buyer and execute a transaction under a sales contract.

To sell an inherited apartment, you need to collect the following list of documents:

contract of sale of an apartment;
passports of persons participating in the transaction;
documents from Rosreestr:
- certificate of state registration of the right to property;
- an extract from the USRR confirming the absence of arrests or encumbrances on the apartment;
cadastral passport, plan of the apartment (ordered at the BTI);
certificate from the housing office on the absence of arrears in utility bills;
extract from the house book (about the absence of registered persons in the apartment).

For your information

The consent of the spouse in this case is not required, since any property received by inheritance, is not joint property spouses.

Before making a transaction, the future buyer of such real estate should find out from the seller the question of whether there is a share of the inherited property. If such persons are found, it is advisable to obtain an official from them before buying and selling.

Contract of sale

To sell the apartment after between the seller and the buyer is drawn up contract of sale in simple writing.

At the same time, it is recommended to indicate in the text of the agreement complete market value apartments, including the previously made deposit (if any). This is important due to the fact that when controversial situation in the course of the trial, the buyer will be able to claim only the amount that was prescribed in the sales contract, and not some “actually paid” amount, the amount of which has yet to be proven in court.
Often, in order to avoid the need or reduce its size when selling an apartment that has been owned for less than 3 years, at the initiative of the seller, the cost of housing under a sales contract underestimated up to the amount 1 million rubles(when income tax may not pay at all).

In order to increase tax collection from January 1, 2016 to real estate transactions at a price significantly different down from its market price, the tax payable will not be calculated from the price specified in the sales contract, but on the basis of cadastral value apartments(approximate to the market), multiplied by a reduction factor of 0.7.

The obligatory elements of the above agreement are:

information about the parties to the transaction;
the cost of the apartment;
information about the apartment (address, technical information corresponding to the cadastral passport);
term and method of transfer of money.

After discussing all conditions and decision contentious issues the contract is signed by both parties, and the transaction will be subject to state registration, being considered concluded from that moment.

Registration of the transaction in Rosreestr

After signing the contract of sale, you need to without fail submit an application to the registry office on the state registration of the transaction. It can be submitted in person, sent by mail, through a lawyer, or through a multifunctional center (MFC).

In addition to the application to Rosreestr, the following are provided:

passport of the seller and the buyer;
a contract of sale and a signed act of acceptance and transfer of the apartment;
receipt of payment of state duty by the buyer in the amount of 2000 rubles.

State registration is carried out within 10 business days from the date of receipt of the application and the required documents (clause 3, article 13 federal law No. 122-FZ of July 21, 1997). In some cases, registration may be suspended or cancelled.

Along with the purchase and sale and donation, one of the most common grounds for obtaining real estate ownership is inheritance. By inheritance, you can get an apartment, house, cottage, land, other real estate.

Entering into an inheritance, a citizen acquires the right of ownership of real estate, which includes the right to use and dispose. In other words, he can perform any action with him - sell, exchange, donate, bequeath

In this article, we will consider such issues as the procedure for drawing up a contract of sale for an apartment received by inheritance, terms and procedures, a list of necessary documents, as well as the most pressing issue - the amount of tax and state duty.

Is it possible to sell an apartment inherited?

No restrictions on making purchase and sale transactions with inherited real estate the law does not establish, however, there are some features that both the seller and the buyer must be aware of.

Inherited real estate can be sold after all the necessary inheritance procedures have been completed and the necessary documents have been completed:

Claim the right to inheritance, enter into it within 6 months from the date of opening and receive a Certificate of Inheritance;
Register the ownership of real estate and obtain an extract from the USRN;
Conclude a contract of sale;
Pay tax.

When can I sell an inherited property?

You can sell an apartment received by inheritance six months after the death of the original owner. That is, after entering into inheritance rights and receiving a right-affirming document. Until that moment, the completed transaction will be invalid.

The law does not provide for any time limits for transactions. However, you need to keep in mind that:

when selling inherited residential real estate during the first 3 years (the first 5 years - if the inheritance took place after 01/01/2016), you will need to pay income tax;
when selling residential real estate after 3 years (5 years) - after entering into an inheritance - you will not need to pay tax.

Registration of the inheritance

On the day when the owner of the property dies, the inheritance opens. What do heirs need to do?

Submit to the notary a written statement of intention to enter into the inheritance;
Submit to the notary such documents as a passport, a death certificate of the owner of the apartment, a will or a document confirming the family relationship, registration and title documents for the apartment. You can read more about documents in the article.

It does not matter whether the inheritance is by law or by will. Only six months later, the heirs will receive a Certificate of Inheritance and will be able to formalize the right of ownership and dispose of the inheritance property at their discretion.

If the owners of hereditary real estate are several heirs, the Certificate is issued to each of them - indicating the share belonging to each.

After receiving the Certificate of Inheritance, you should contact the Rosreestr to register the transfer of ownership of real estate - from the testator to the heir. After that, it is possible to make any transactions - sale, donation, exchange of an apartment.

If there are several heirs, they will need to come to an agreement regarding the use and disposal of the acquired apartment - they can conclude a sale and purchase transaction only by agreement.

Apartment for sale

After a will or legal inheritance, after the subsequent registration of ownership, the procedure for the sale and purchase of an ancestral apartment will not differ in any way from the sale and purchase of any other residential property.

Documentation

To sell an apartment, you will need to prepare a package of documents:

passports of the parties to the transaction;
title document (Certificate of the right to inheritance);
a document confirming the ownership of the apartment (since 2016, this is an extract from the USRN, which replaces the Certificate of Ownership);
technical passport for the apartment.
an extract from the USRN confirming that the apartment is not encumbered (pledge, arrest);
certificates of municipal organizations on the absence of debts;
certificate from the UVM at the place of registration of real estate.

If the seller has a husband or wife with whom a prenuptial agreement has been concluded, and the inheritance property is joint, and not personal property, a written and notarized permission of the spouse to sell the property will be required.

If a minor child was registered in the apartment, you will also need to obtain permission from the guardianship and guardianship authority.

In some particularly difficult cases, if the buyer has a suspicion that other persons can claim the rights to the inheritance apartment, a written refusal of the potential applicant can also be obtained and attached to the package of documents.

Contract of sale

A written contract of sale is concluded between the buyer and the seller, mandatory conditions which are…

basic information about the parties to the transaction (full name, date and place of birth, place of registration, passport data);
the value of the subject of the transaction;
information about the subject of the transaction (address, technical information corresponding to the cadastral documentation);
rights and obligations of the parties to the transaction;
term and method of transfer of property and funds;
liability of the parties for failure to comply with the terms of the contract;
the date of the transaction;
signatures of the parties.

In the process of concluding a transaction, all the terms of the written contract must be discussed, all disputes that arise must be resolved and an unconditional agreement reached. After checking all the documents by a notary and reaching agreement by the parties, the contract is signed and sealed with a seal and a notary's signature. The concluded sale and purchase transaction is subject to state registration.

Note! One of the most essential conditions contract for the sale of an apartment is a condition on its value. Very often, the seller deliberately indicates a lower price of the apartment - in order to reduce the amount of income tax, up to 1 million rubles - in order not to pay it at all. The actual, and not the "official" price of the apartment in such cases is negotiated orally between the seller and the buyer. What is the danger of such a decision? In the event of a dispute, the buyer will not be able to prove that he transferred to the seller a much larger sum of money. Even if the dispute is considered by the court, the buyer will be able to claim only for the amount specified in the contract, and not for the voiced and unproven actual amount.

Therefore, lawyers are advised to indicate in the contract of sale the full market value of residential real estate, including the prepayment or deposit made.

Registration of the contract in Rosreestr

After the contract of sale is concluded and notarized, it is necessary to contact the Rosreestr authority to register the transfer of ownership of residential real estate from seller to buyer.

You can submit an application for state registration to the Rosreestr body in person or through a representative by proxy, you can send it by mail or use the service of the Multifunctional Center (brand - "My Documents").

The following documents must be attached to the application:

copies of passports of the buyer and seller;
contract of sale, act of acceptance and transfer of the apartment;
extract from the USRN with cadastral information;
receipt of payment by the buyer of the state duty for registration.

State registration is carried out during 10 business days from the date of receipt of the application and documents.

Tax on the sale of an apartment

As mentioned above, the sale of an inherited apartment and the sale of an apartment acquired in ownership in another way (by privatization, under an exchange agreement, gift, sale and purchase) do not have significant differences. Income tax from such a transaction is paid according to general rules taxation of individuals, however, it is necessary to take into account a number of features:

According to part 1 of article 220 of the Tax Code of the Russian Federation, when selling an apartment that has been owned by the heir for more than three years (after 01/01/2016 - more five years), there is no income tax. A period of three years (five years) must elapse from the date of the death of the testator, and not from the date of receipt of the Certificate of the right to inheritance or an extract from the USRN in Rosreestr.

Note! Since January 1, 2016, there have been some changes in the rules of taxation - income tax on income individual is, as before, 13%, but is charged on the sale of residential property owned by the seller for less than 5 years.

The heir often has a desire to sell the ancestral property in as soon as possible. There can be many reasons for this, for example, living in another region, the need to pay off the debts of the testator from the proceeds from the sale of property. If the housing is sold during the first three years (the first five years - if the inheritance was opened after 01/01/2016) - the transaction is subject to taxation.
If the transaction amount is less than one million rubles (for example, if a share of an apartment is being sold), the tax is not paid. If the transaction amount exceeds one million rubles, income tax is 13% for citizens of the Russian Federation and 30% for foreigners - on the amount exceeding one million rubles (according to paragraph 2 of Article 220 of the Tax Code of the Russian Federation).

The tax is paid at the local tax authority after the submission of the declaration until April 30 of the following year.

How not to pay tax?

So, you can not pay tax if ...

More than three years have passed since the death of the original owner of the apartment - if he died before 01/01/2016, more than five years - if he died after 01/01/2016.
The cost of hereditary housing is less than 1 million rubles.

Note! Some unscrupulous sellers, in an effort to avoid paying the tax, deliberately underestimate the value of the property, sometimes even to the amount of less than one million. In this case, first of all, buyers are at risk. Firstly, as mentioned above, in the event of a dispute and forced termination of the sale and purchase agreement, they will not be able to prove the amount of money actually paid and will receive only what is indicated in the agreement. Secondly, they will be deprived of tax breaks, which, according to the law, are due to owners of new housing: they will have to pay 130,000 rubles.

It should not be overlooked that tax authority well aware of such an offense as tax evasion, and can hold the guilty seller liable for unjust enrichment.

The legislation provides tax incentives for certain categories of citizens. Yes, tax exempt...

pensioners;
Disabled people of I or II group;
Childhood Disabled.

If the seller falls into one of the above categories, he must submit an application for tax exemption to the local tax office, attaching copies of documents confirming retirement age or disability. The main thing is to timely submit an application and documents confirming the right to tax break. Some time later from tax office will receive a positive response.

Difficulties in buying and selling an inherited apartment

If the heir timely turned to the notary and correctly executed all the documentation, there should not be any problems with the further alienation of the inheritance property. However, you should always be prepared for unforeseen circumstances.

The main difficulty that the seller of an inherited apartment has to face is finding a buyer. Potential buyers are often alarmed by the possibility of the sudden appearance of other heirs who did not enter into the inheritance in a timely manner. Even if the inheritance happened by will, there can always be a relative who wants to challenge the will in judicial order. If the court evaluates all the circumstances of the case and decides that the new heir did not enter into inheritance rights for good reasons, but has the right to the disputed property, the completed sale and purchase transaction may be declared invalid.

In the residential real estate market, apartments received by inheritance are notorious. Buyers bypass such offers, even perceive a reduced price as a "trick". Why? According to many realtors, when buying hereditary real estate, the risk of disputes and litigation with heirs is too high, who did not take over the rights on time and demanded the part due to them after its sale.

Is such a precaution on the part of buyers justified? Is it possible to protect yourself from the risks when buying an ancestral home? What you need to know in order not to become a victim of apartment scammers? This article answers these questions.

principles of inheritance. Risks of buying an apartment by inheritance

The immovable property received by inheritance belongs to the heir by the right of private property. He can dispose of it at his own discretion - sell, donate, exchange. Civil law does not provide for any additional features for the conclusion of transactions with hereditary property. However, buyers of such property are at risk - due to the many features of inheritance law, which are not always taken into account when making a transaction.

The main risk is the risk of "acquiring" together with real estate - property claims of heirs whose rights were violated in the process of inheritance.

Residential real estate can be inherited in a legal manner or in the manner determined by a will. Consider the features of each mode of inheritance.

In law

Inheritance by law involves the division of relatives into queues (by degree of kinship - from the nearest to the farthest). So, the first to claim the inheritance are parents, children, spouses. If there are no applicants from the first stage, the second stage is invited to inherit - brothers and sisters, grandfathers and grandmothers. Similarly, third-rank applicants - aunts and uncles - are invited to inherit if there is no one from the first and second stage. Etc.

It happens that relatives did not know anything about the death of the testator, therefore they did not enter into inheritance rights. It also happens that the heirs did not know anything (or deliberately kept silent) about other relatives.

Most often the following situations occur:

The owner of the dwelling has not lived with her husband/wife for a long time, but the marriage has not been terminated. They forgot to include the spouse in the number of heirs of the first stage, the legal heir himself did not appear at the notary's office on time, because he did not know about the death of the "soulmate";
The owner of the apartment did not have a husband / wife, nor children, therefore representatives of the second stage were invited to inherit, although living grandchildren who did not know about the death of their grandparents had the right to inherit by right of representation;
One of the heirs was declared unworthy by the court, his share should be redistributed among other legal heirs.

These are just a few examples. In fact, life situations can be very diverse, but their essence boils down to one thing - after a while, the heirs can claim property, especially the most expensive - real estate. And if it has already been sold, litigation cannot be avoided.

Notaries are not required to look for heirs - as a rule, they "trust" those who came to the notary's office on time and entered into the inheritance.

The situation is likely to develop according to the following scenario: the heir files a claim with the court, if the court satisfies the claim, the new owner must vacate the premises. Of course, he will demand money paid for housing from the seller, but, most likely, they will have already been spent. If neither cash savings, he has no equivalent property, the buyer is at great risk of losing both the newly acquired housing and money.

By will

Even if inheritance occurs by will, there is also a risk of unexpected appearance of heirs after the transaction with inherited real estate has been completed. The fact is that in addition to the persons indicated in the will, such persons as the minor children of the testator, his disabled parents, husband or wife, and other dependents have the right to inherit. Their share is small - only half of the share of legal heirs, but they can demand monetary compensation for it.

Another possible variant development of events. If a testament was established by a will, it is quite possible that the new owner of the property will have to fulfill its conditions - it all depends on what conditions the original owner set before his death.

The most interesting situation is related to inheritance by law. After some time, a will may appear that no one knew about, which was drawn up so long ago that the testator himself forgot about it, however, legal and valid. Accordingly, the reverse situation is possible - contestation by the legal heirs of the legal will.

Limitation period and risks when buying

The legislator implies that the six-month period established for entering into the inheritance is quite enough. But in reality, everything is not so simple. Some relatives do not know anything about the death, others live far away, undergo treatment in a hospital, and serve their sentences in places of deprivation of liberty. In other words, they have good reasons for missing the deadline.

What is the statute of limitations for making claims?

According to Article 1155 of the Civil Code of the Russian Federation, an heir who has not entered into inheritance rights for good reasons must go to court within six months from the moment he learned about the death of the testator, about the right to inheritance. And according to paragraph 2 of Article 196 of the Civil Code of the Russian Federation, the term limitation period for the protection of the right should not exceed ten years from the date of violation of this right. In other words, for ten and a half years from the death of the original owner of the apartment, heirs can be expected, even if the apartment has already been sold.

Buying an apartment less than 3 years after the inheritance

What danger can a buyer of an apartment inherited less than 3 years face?

When selling inherited property during the first 3 years after the inheritance, the new owner must pay personal income tax in the amount of 13% of the transaction amount. To reduce the amount of tax, he can ask the buyer to formally reduce the price in the sales contract to 1 million rubles (according to the Tax Code of the Russian Federation, this amount of the transaction is not taxed).

In no case should you agree to such “services” - only the seller receives the benefit from such a juggling. And if unforeseen circumstances happen (such as the discovery of new heirs) and the litigation ends not in favor of the buyer, he will have to return the apartment and receive in return the amount of money specified in the contract. It will be almost impossible to prove that the apartment was purchased much more expensive.

Buying an apartment for more than 3 years of inheritance

Even if more than 3 years have passed since the acceptance of the inheritance, you do not need to pay tax. But some other risks for the buyer still remain.

First of all, the risk of discovering new relatives who did not enter into inheritance rights on time. They have the right to restore the missed period through the court if they did not have time to enter into the inheritance for a good reason. As mentioned above, no later than six months after the circumstances that caused the missed deadline have disappeared (and this can happen much later than three years later), you can apply to the court to restore the missed deadline. And if the court decision is positive, you can claim inheritance rights.

The buyer of a hereditary apartment practically cannot know for sure whether new heirs will appear or not, even if three years have passed. You can rely only on judicial practice, which indicates the rarity of such cases.

Power of attorney and risks

Sometimes the seller of a hereditary apartment is not the owner himself, but his representative by proxy. Lawyers warn - never agree to a deal by proxy!

Firstly, if you do not want or cannot be introduced to the owner of the property, it "smells" of fraud. He may be sick, addicted to alcohol or drugs, mentally ill, deceived, forced to sell ... Subsequently, a transaction made by proxy may be declared invalid.

Secondly, the power of attorney may be revoked or canceled unilaterally. For example, if the power of attorney was valid at the time of the transfer of the deposit to the representative, then after that it can be canceled. Return cash transferred to a stranger can be very difficult. And if we are talking not about the deposit, but about the total cost of the apartment?

How to avoid difficulties when buying a hereditary apartment?

The first thing a potential buyer should be reliably sure of is the fact of the death of the property owner. Ask the seller for a death certificate. Maybe he went missing? It is possible that a person who is even declared dead by a court will “come to life” after some time and demand the return of property or monetary compensation.

After you are convinced of the death of the owner, take an interest in the "fate" of all heirs. As mentioned above, the most unpredictable family ups and downs can play against you. At a minimum, you need to ask the seller in detail about all real and potential heirs, even better - get supporting documents:

Certificates of birth, marriage, death of relatives.
Notarized consent of the seller's husband / wife (if he is married) to the transaction;
An extract from the house book (certificate of family composition), preferably extended, indicating all citizens permanently and temporarily registered (removed from registration) in the living quarters.

One of the main conditions for the legality of the transaction is the legal capacity of the parties. It is quite possible that an incompetent seller draws up a contract of sale, and then himself (or with the help of relatives, guardians and trustees) disputes it in court. How to check eligibility? Make a request to the psycho-neurological dispensary or to the guardianship and guardianship authority.

If the apartment has passed into the property of the seller by will, you need to familiarize yourself with the will. It is quite possible that the will contains a testamentary refusal (Article 1137 of the Civil Code of the Russian Federation), according to which, for example, the testator could oblige the heir to grant a lifetime right to use the living quarters to a third party. A will may also contain other important information about the estate and heirs.

Ask the seller to show technical documentation BTI for real estate. Such documents can be issued only to the owner or persons registered in the residential premises.

Before signing a contract of sale, check the data on the property specified in the contract with the data contained in the title and technical documents.

If there are several heirs, each of them must personally sign the contract of sale. A situation is possible when the heirs draw up a power of attorney - one of them represents the interests of all. Check the power of attorney - it should indicate what actions the representative is authorized to do. Can he sign a contract, receive money?

By the way, about money. You should be alerted by the low (20% below the regional average) price of real estate. Whatever plausible explanations the seller gives (urgency, living in another city) - be extremely careful and careful!

Arbitrage practice

Legal illiteracy, gullibility and the desire to save money are the reasons that lead buyers to large losses.

But it should be noted that recently arbitrage practice in cases with the recognition of transactions with hereditary housing as invalid - takes the side of a bona fide buyer. Yes, the law guarantees the rights of heirs (for example, to a mandatory share, to restore the missed deadline for entering into an inheritance), but when considering a case, the court examines the circumstances from all sides. A conscientious buyer of an apartment has more and more chances to retain ownership of housing.

Decree of the Constitutional Court of the Russian Federation dated 21.04.03. contains a legal norm that a person who considers himself the owner of property cannot claim this property if it was acquired in good faith. A bona fide purchaser, according to Article 302 of the Civil Code of the Russian Federation, is one who acquired property for a fee, while not knowing and could not know that the seller was not entitled to dispose of the property. The same provision is contained in the Decree of the Supreme Court of the Russian Federation on April 29, 2010, according to which the buyer, who proves that during the transaction he did not know about its illegality, although he took all the necessary measures to establish the seller's eligibility to dispose of the property.

I must say that it is in this case that the undervalued value of real estate may turn out to be a fact not in favor of the buyer - the court may qualify the transaction as unfair. Therefore, it should always be specified in the contract full cost object of the transaction: firstly, it is a confirmation of its authenticity, and secondly, a guarantee of the return of all funds in case it is declared invalid.

Another important provision of the law is contained in the Resolution of the Supreme Court of the Russian Federation of May 29, 2012 No. 9, according to which an heir who has not accepted the inheritance in time (according to Article 1155 of the Civil Code of the Russian Federation) has the right only to monetary compensation if the return of hereditary property in kind is impossible, regardless of the reasons why it is impossible. In this case, the value of hereditary property is determined at the time of opening the inheritance (Article 1105 of the Civil Code of the Russian Federation). In other words, if after the sale of the hereditary apartment a new belated heir suddenly appears, he can only receive monetary compensation for the share, and he needs to apply for it not to a bona fide buyer, but to the heirs who sold the apartment.

So is it worth buying an apartment by inheritance?

Even experts in the field of real estate answer this question rather evasively.

It is difficult to identify all potential heirs, who may well show up years after the transaction and state their claims.

Art. 1155 of the Civil Code of the Russian Federation admits that the heir could not be informed about the death of the testator until a certain time and provides him with the opportunity to restore his rights in court if he proves this fact.

Important: The period determined by law for the restoration of inheritance rights is three years. But they are calculated from the moment the heir was informed of the death of the testator.

Obviously, it is almost impossible to predict the development of events with such a formulation.

However, the buyer is also protected by law thanks to the Resolution of the Constitutional Court of the Russian Federation of April 21, 2003, which includes the concept of a “bona fide purchaser”. If the buyer's actions meet this definition, i.e. the apartment is honestly paid for and it is proved that he could not be informed about the situation, the court leaves the apartment in his ownership.

Risks of buying an apartment by inheritance

To visualize the main risk of such an acquisition, let's turn to the list of heirs determined by law:

The first priority is children, parents, spouse. The children are both natural and adopted.
The second line is grandparents on both sides, as well as brothers and sisters, full and half-blooded.
The third line is aunts and uncles.

The list continues up to the seventh line, which is closed by stepdaughters, stepsons, stepmothers and stepfathers. If we remember that each of them has its own circle of potential heirs, who in this case can inherit by representation, the fears of real estate purchasers become clear.

Remember. Not a single realtor can 100% guarantee the absence of claims from the heirs of the purchased apartment that suddenly appeared.

In addition, often the apartment is accepted as an inheritance being pledged or coupled with the debts of the testator. In this case, the buyer will have to deal with the claims of creditors.

Another common risk is encumbrance of the apartment with the rights of third parties. For example, housing may be rented for a long period. By law, a lease cannot be terminated even if the owner changes.

It is also possible that the seller may be recognized as an unworthy heir after the transaction.

Fraudulent schemes

So far, we have been talking about risks caused mostly by coincidence.

However, the buyer may well become a victim of intentional selfish intent.

Step-by-step instruction

Step one. Obtaining an extract from the USRR in order to trace the history of housing and identify probable encumbrances.
Step two. Request an extract from the house book and find out in this way about all those registered in this living space.
Step three. Getting information from neighbors. Sometimes this is the surest way to find out about possible pitfalls.
Situations are typical when the deceased lived with his common-law spouse, while having children from his legal wife who were not registered in the apartment, but who had the right to claim a share in the apartment.
Step four. Determination of the circle of heirs, as far as possible. If refusals of inheritance are recorded, it is useful to inquire about their reason.
Step five. Examination of documents - the seller's passport, death certificate of the previous owner, if there is a power of attorney of the other heirs, etc.

Advice. Indicate in the contract only the real amount of the transaction. This will help you avoid losses in any case outcome.

Purchase of an apartment inherited and owned for less than three years

As you know, the apartment can only be sold by the owner.

If the seller who inherited an apartment became its owner less than three years ago, the risks of buying such housing increase significantly:

First, let's remember the statute of limitations for inheritance cases: less than three years, and when buying an apartment, the probability of the appearance of previously unknown applicants for an apartment will increase significantly.
Secondly, often negligent sellers insist on reducing the amount of the transaction, arguing this measure by their unwillingness to pay the tax levied on the sale of housing owned for less than three years.

Conclusion

Buying an apartment by inheritance less than 3 years in the property can result in significant damage and lengthy litigation, if you do not show a fair amount of vigilance.

Given the many details that require attention when concluding such a transaction, we recommend that you seek the help of specialists before making it.