Risks for the buyer when buying an apartment by inheritance

Last update: 09/30/2020

Question:

I am buying an apartment that was previously inherited by the Seller. What are the risks for me here, and how can I protect myself from them?

Answer:

Buying an apartment received by inheritance is one of the riskiest options for purchasing housing on the secondary market. But protection for the Buyer here, although not guaranteed, is still there. Let us explain in more detail.

Why is dealing with inheritance so risky? This problem is as old as time. They fought over a rich inheritance back in prehistoric times, and they still fight to this day. Even kings and princes did not disdain such showdowns, not to mention simpler people. Therefore, the risk of getting caught in these squabbles is always present for those who have their eyes on the inheritance. Even if it is a stranger – the Buyer. After all, if the court recognizes the right of the newly-minted heir, then the completed transaction for the purchase and sale of an apartment becomes invalid (for more information about invalid transactions, see the Glossary at the link).

Is it possible to return the deposit or advance payment for an apartment if the Buyer changes his mind about buying it - see the note at the link.

The law allows heirs to claim their rights even if they missed the deadline for accepting the inheritance (6 months). That is, if for a long time they did not appear at all and did not make themselves felt, and then suddenly emerged from oblivion with demands for recognition of their rights. It is this unexpected surprise that is the main risk of buying an inherited apartment . The newly-minted heir just needs to explain to the court that he did not know about the death of his beloved relative, or did not have the opportunity to declare his rights earlier.

The danger for the Buyer of such an apartment is aggravated by the fact that inheritance rights are based on family relationships , and these same relationships are not always directly reflected in the documents. In other words, the deceased testator may have more than a dozen relatives, but from the available documents only the closest ones are visible - the spouse and children. The rest can only be guessed at.

For example, how can an outsider find out that Uncle Vasya, who has passed into another world, has an aunt in Voronezh, a long-forgotten brother in a village near Kaluga, and a naughty nephew from Berdichev? Even experienced detectives, not to mention ordinary lawyers or realtors, are not always able to calculate this.

How to be? How do experienced realtors buy inherited apartments in practice? How to assess and reduce the risk of such a transaction?

What is better to buy - a resale or a new building? What is the main advantage of buying an apartment in a new building - see this article.

Here you need an understanding of the principles and procedure for inheriting real estate (apartment). The buyer is recommended to read a separate Glossary article about this (follow the link provided).

The main point is that only those apartments received as an inheritance are purchased, in which the probability of risk of challenging inheritance rights is quite low. What does it mean?

This means that the Buyer needs to understand who and under what circumstances , theoretically, can make their hereditary claims to the apartment in the future, including knowing the order of inheritance by law and the possibility of inheritance by will (see the link to the Glossary above). Then the circle of potential applicants for the inheritance may narrow significantly, and the risk of purchasing such an apartment may decrease.

How you can exchange your apartment for another - 3 ways. See the link.

Features of real estate inheritance

Inheritance of property is regulated by Chapter. 61-65 Civil Code of the Russian Federation. You can inherit real estate by law or by will. In the first case, there is a sequence of heirs:

1. First priority: children, parents, spouse of the testator (Article 1142 of the Civil Code of the Russian Federation).
2. Second: brothers, sisters (full and half-blood), grandmother, grandfather (Article 1143 of the Civil Code of the Russian Federation).
3. Third: aunts, uncles (Article 1144 of the Civil Code of the Russian Federation).

There are also successors in subsequent stages: great-grandmothers, great-grandfathers, children of nephews or cousins ​​(Article 1145 of the Civil Code of the Russian Federation).

The principle of distribution of heirs according to priority is very simple: the property is accepted by the first-order successors, it is distributed between them in equal shares. If there are none, the successors of the second, third or subsequent stages enter into the inheritance.

With a will everything is simpler. A person can indicate anyone in it, not necessarily a relative, and then the property will go to him. But there are people who are entitled to a mandatory share in the inheritance, even if a will is drawn up, and they do not appear in it (Article 1149 of the Civil Code of the Russian Federation). These include disabled or minor children, spouse or parents of the testator. They can receive at least half of the share that would be due to them by law.

This is where the danger lies: citizens who are entitled to a mandatory share can show up at any time.

There are other features of inheritance that need to be taken into account:

1. The testator has the right to impose a testamentary refusal on one or more legal successors (Article 1137 of the Civil Code of the Russian Federation). For example, write a will stipulating the right of another person to live in an apartment for life. The heir will become the owner, but he will be obliged to provide living space for the use of another person, and he will have to live with him. In the future, real estate can only be sold under the DCT with the right of lifelong residence, but some sellers are silent about this right.
2. The period for entering into inheritance is 6 months from the date of death of the testator, but can be extended if the heir proves that he did not know and could not know about the death of the testator, or there were good reasons for missing the specified period.
3. There may be several wills, but the last one has legal force.

Note! Both individuals and legal entities can be called upon to inherit (Article 1116 of the Civil Code of the Russian Federation).

Risks of buying apartments on the secondary market

And the walls help: developer shares have risen in price more than the apartments themselves

How promising are alternative real estate investments?

Experts have warned Russians about the dangers of buying an apartment on the secondary market. For example, a transaction for the sale of inherited housing may be challenged in court if new applicants appear for it, said Grigory Skripilev, head of the legal practice.

According to the lawyer, most often Russians inherit real estate. A house or apartment can be inherited either by will or by law (if it has not been drawn up). In this case, any heirs can be specified in the will, not only relatives of the owner of the property.

If there is no will, the property is divided among the heirs in the order determined by law, depending on the degree of relationship. First priority heirs include children, parents and spouses, and second priority heirs include brothers, sisters, grandparents.

Photo: TASS/URA.RU/Vova Zhabrikov

Heirs can claim rights within six months after the death of the testator. If they do not make it within the specified period, you can go to court to restore your rights - all you need is a passport and a visit to the notary at the place of last registration of the testator.

Specify the class: when selling housing, you will be required to inform about the cost of housing and communal services

Why are authorities concerned about the energy efficiency of buildings?

If it later turns out that several people can inherit the property at once, they have the right to challenge the deal in court. In this case, one of the heirs can resolve the dispute by inviting the other to buy out his share, Skripilev explained.

That is why, in a conversation with Izvestia, Artur Merkushev, director of the analytical department of Dominfo.ru, advised that it is better to buy inherited real estate after a year has passed from the moment the heir registered the title to the property.

How do you enter into inheritance?

The short procedure for entering into inheritance looks like this:

1. The testator dies, certificates are issued.
2. The heir turns to the notary with an application for entry into the inheritance, a death certificate and documents confirming the relationship (in case of inheritance by law).
3. The notary accepts documents and, if necessary, requests additional information.
4. After six months, a certificate of inheritance is issued. With it, the assignee goes to Rosreestr and registers ownership of the apartment.

Six months are given just so that all the heirs have time to declare themselves. But this is not always the case, so buying an inherited apartment can be a risky proposition.

Title insurance when purchasing an apartment

Advance agreement for purchasing an apartment

Pay the fee

To enter into an inheritance, you must pay a special fee to the state. This is an analogue of the previously existing inheritance tax. The notary will calculate the exact amount of the fee - all you have to do is pay it. The fee must be paid before the notary begins work.

You can estimate the amount of the fee in advance yourself. The duty is calculated based on the cadastral, inventory or market value of the apartment. The cadastral value of the apartment is indicated in the cadastral passport, the document on the inventory value is issued by the Bureau of Technical Inventory (BTI), the market value is assessed by professional appraisers with a license. You need to choose the lowest cost.

The apartment must be appraised on the date of death of the testator, and not at the time of submission of documents.

If the inherited apartment, according to one of the estimates, costs 6 million rubles, you, as an heir, will have to pay 0.3 or 0.6% of this amount: 18,000 or 36,000 rubles.

If you lived with the testator in a bequeathed apartment and continue to live there, you do not need to pay a fee

Some people (such as minors) may only pay half the fee or none at all. Read more about benefits when paying duties in Article 333.38 of the Tax Code.

Buying an apartment by inheritance: risks for the buyer

What are the risks when buying an apartment by inheritance:

1. The seller may not inform about the testamentary refusal, which is entrusted with granting the right of lifelong residence to another person in the apartment. The buyer will buy the property and will be its owner, but this person can show up at any time and live in the living space legally.
2. The seller may be recognized as an unworthy heir after the sale of the apartment.
3. People who are entitled to an obligatory share will appear.
4. Citizens who did not have time to enter into an inheritance may appear and file an application to restore the deadline.

Note: these risks are typical for real estate inherited less than three years before sale. Three years are indicated for a reason: this is the general limitation period, which begins to be calculated not from the moment of death of the testator, but from the moment when the plaintiff learned about his right to inheritance, provided that he had good reasons for missing the deadline, but they disappeared no more 6 months before going to court for restoration. Good reasons mean serious illness, illiteracy, helplessness and other factors related to the personality of the plaintiff. The maximum limitation period is 10 years from the date of death of the testator.

If more than three years have passed

If more than three years have passed since the registration of property rights on the basis of an inheritance certificate, the risks are reduced, but they still exist. It is unlikely that a person will appear who has the right to permanent residence in the apartment, but the sudden appearance of heirs who did not know about the inheritance is quite possible.

If the apartment was received by will

Before purchasing real estate, you need to clarify how it was received - by law or by will. In the latter case, there are also risks for the buyer. There may be other heirs who are entitled to a mandatory share. But here it all depends on how much time has passed since the registration of the seller’s property rights.

There are several other factors:

1. A will may be declared invalid if it can be proven that it was drawn up by an incompetent testator or under physical or psychological pressure.
2. It is possible for a stranger to live on the basis of a testamentary refusal, which is not always disclosed to buyers.

Lawyer's advice: when buying an inherited apartment or house, it is better to seek comprehensive support from a lawyer or realtor who can check the property for legal purity.

If the apartment was received through hereditary transmission

Inheritance transmission occurs if the successor dies after submitting documents for inheritance. Then the property passes to his heirs by law or will.

The risks here are the same as in other cases. The inheritance can be contested.

What to do if the heirs of the old owners claim your apartment

Oksana is a history and social studies teacher who teaches at one of the lyceums in Kamensk-Uralsky. Her husband is a factory worker. The eldest son studies at a Yekaterinburg university, the youngest is a ninth-grader and lives with his parents. The family took out a mortgage on a two-room apartment four and a half years ago.

We bought through a real estate agency, the documents were checked by realtors and the bank's security service - there were no questions. Oksana and her family completed the paperwork, made repairs, and moved in. And at the end of last summer, the woman was called to the prosecutor’s office and informed that half of their square meters was being claimed by the sister of the former owner, Natalya, a disabled person of the second group, suffering from mental illness since childhood.

Once upon a time, the apartment belonged to the mother of a sudden heiress: the woman died, and the housing had to be divided between her daughters. The younger sister Lyudmila persuaded Natalya to write a refusal of the inheritance and promised to buy her a room in return. Natalya agreed and filed a refusal with a notary. Lyudmila sold her mother’s apartment, and, as she promised, she bought a room for her sister, although she registered it in her name. Three years ago Lyudmila died, and her son Denis became the owner of the room. Denis gave the square meters where the woman lived to a friend for debts, and then went to prison. Natalya, according to her, did not even suspect that the room did not belong to her, and when she found out, she remembered her mother’s apartment and went to the prosecutor’s office. She stated that she wrote the renunciation of the inheritance under pressure from her sister and did not give an account of her actions. A psychiatric examination ordered by the prosecutor's office showed that the woman signed the renunciation of the inheritance without realizing her actions. The department, through the court, demanded that the refusal and the subsequent purchase and sale agreement for the apartment be declared invalid.

“When the prosecutor explained the situation to me, I asked: “What does this have to do with me? Sister deceived sister, let her heirs answer.” He said: “Lyudmila’s son is in prison, he has no property, what can we take from him?” Oksana told RG.

The woman turned to a lawyer.

“The court very carefully studied all the circumstances of the case,” she says. — The judge asked if Natalya and I agreed to live in the same apartment. Both she and I said no: our spiritual and moral values ​​and way of life are too different. The court partially satisfied the prosecutor's claim: the refusal of inheritance was declared invalid, but the purchase and sale transaction was left in force.

Lawyer Yulia Mayorova, who represented Oksana’s interests, calls the court’s decision a precedent:

“I admit, I was going to lose the case.” During preparation for the trial, I re-read so much practice that I understood: the outcome was predetermined, and it would not be in our favor. We proved that Oksana was a bona fide purchaser, but I think it was not this that played the decisive role, but the possible consequences of satisfying the demands for living space. If Natalya had received the rights to half of the apartment, Oksana, of course, would have been paid compensation in the amount of half the cadastral value of the housing. But she would not be able to buy out her share from Natalya, because she is not aware of her actions. Plus, Natalya has alcoholism; she was treated in a psychiatric clinic after running after her family with a knife. And Oksana has a minor child: the parents are at work, the boy is returning from school - and should he be at home alone with this woman? The apartment has adjacent rooms - it is impossible to determine the order of use of the living space. The court took into account all the factual circumstances and, having invalidated the refusal of inheritance, left the prosecutor's office the opportunity to lobby the interests of the applicant.

The supervisory authority has not yet decided on further actions.

“We have not yet received the court decision,” Marina Kanatova, press secretary of the Sverdlovsk Region Prosecutor’s Office, told RG. “As soon as we receive it, the staff will carefully study the reasoning and decide whether there are grounds for an appeal. In any case, the prosecutor's office will defend the disabled person and consider various options for restoring the applicant's housing rights.

Which ones exactly are not yet clear.

Lawyer Yulia Mayorova says that compensation can be sought from Natalya’s nephew - for example, to challenge the donation agreement for the room in which the woman lives. The plaintiff, as someone in need, may be put on a waiting list for municipal housing or placed in a flexible fund.

Oksana admits: she learned many lessons from history.

“The main thing is to stay away from the secondary market,” the woman laughs. - But if you buy such an apartment, then raise the data on the owners literally to the seventh generation - find out whether they have minor children, relatives who are serving sentences in prison, are registered for mental illness. And if you bought an apartment and an heir appears, you don’t need to give up. Many people do not know their rights and cannot protect them. Some people simply give up, others, hoping for justice, hand over everything to the court, without caring about proof of their innocence.

A comment

Rustem Galeev, executive director of the Ural Chamber of Real Estate:

— When dealing with housing on the secondary market, there are a lot of pitfalls, all situations are individual, so the main advice is to turn to professionals. It is their responsibility to calculate all risks. And if an heir to the property does appear, then only the court will help. It is necessary to collect evidence that the new owner is a bona fide purchaser. Even if the court sides with the heir, the law specifies support measures for this category of buyers.

By the way

On January 1, 2021, changes to the Federal Law “On State Registration of Real Estate” came into force. According to them, a bona fide purchaser has the right to compensation for lost real estate in the amount of the cadastral value or real damage caused in connection with this. Previously, the guaranteed amount of compensation was no more than one million rubles.

*This is the full version of the material that will be published in the next issue of RG.

Fraudulent schemes

Some of the situations presented below are difficult to call fraud from a legal point of view, but they can add problems to buyers:

1. The seller hides the legatee - a person who has the right to live in the inherited apartment on a permanent basis.
2. An agreement between an heir and another person entitled to an obligatory share. Taking advantage of the buyer’s ignorance of the laws, they can act like this: the legal successor inherits the apartment and sells it. Next, another heir is announced, who is entitled to the obligatory share, and applies for the restoration of the terms. In their opinion, the buyer must pay compensation for the share, but the law states otherwise: it is compensated by the heir.
3. Cancellation of power of attorney. The heir issues a notarized power of attorney for another person, then immediately revokes it. An authorized person sells an apartment on behalf of the principal, who then presents everything as if he is a victim of deception.

The most dangerous thing is a deal with a black realtor. He can force a person to draw up a will on him using criminal methods, and then kill the testator and sell the apartment. If the legal heirs show up and challenge the will along with the transaction, the buyer will be in an extremely unfavorable position and will lose the property.

Examples of situations

A citizen who wants to purchase housing received by inheritance must take into account possible risks and check the seller’s arguments. Otherwise, you will have to protect your rights in court from encroachment by third parties on the purchased property:

According to lawyers, if fraudsters are not involved in the case, then only the following persons are to blame for the controversial issues:

Taking measures to search for applicants by a notary and compliance with the law by the heir would help avoid many controversial situations. Such issues are resolved exclusively by legal authorities. The judge's verdict directly depends on the evidence presented, the integrity of the transaction and the knowledge of the parties.

How to check heirs when buying an apartment?

The problem is that there is no way to check the inherited apartment when purchasing. You can only track the history of the transfer of ownership and refuse the transaction if the property was inherited less than 10 years ago - the safest period after which it will not be possible to challenge the transaction.

Legal advice: to minimize risks, it is advisable to have the DCP certified by a notary. he will check the legality of the transaction, and if there are problems with the documents or other heirs, he will refuse notarization. This is a reason for the buyer to refuse the deal.

Fraud in the sale of apartments received by inheritance

The simplest thing you can expect from a fraudulent seller is a forgery of a will. Therefore, you should not be lazy to consult a notary about the authenticity of the presented document.

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

There is another “interesting” fraudulent scheme. A distant relative, neighbor, or even a “casual” acquaintance begins to show signs of attention and care to an elderly person with housing. Then the “caring comrade” is fraudulently given a general power of attorney. And when the old man dies, the apartment is immediately sold. And of course, scammers do not warn conscientious buyers that they will face problems with the heirs of the deceased owner.

There are still “black realtors”, transactions with whom do not promise anything good. So it is better to avoid buying an apartment if it is known that it was recently inherited.

When can a purchase or sale not be challenged?

The buyer will not have to return the money for the apartment or pay part of the share to a sudden heir if he proves that he is a bona fide purchaser. This means a purchaser who did not know and could not know about possible heirs or illegal acquisition of real estate by the seller.

In addition, there is paragraph 42 of the Resolution of the Plenum of the RF Armed Forces dated May 29, 2012 No. 9, which often plays a decisive role in legal proceedings:

“If, when accepting an inheritance after the expiration of the established period in compliance with the rules of Article 1155 of the Civil Code of the Russian Federation, the return of the inherited property in kind is impossible due to the absence of the corresponding property from the heir who accepted the inheritance in a timely manner, regardless of the reasons why it was impossible to return it in kind, the heir, who accepted the inheritance after the expiration of the established period has the right only to monetary compensation for his share in the inheritance (when accepting the inheritance after the expiration of the established period with the consent of other heirs - unless otherwise provided by a written agreement between the heirs). In this case, the actual value of the inherited property is assessed at the time of its acquisition, that is, on the day the inheritance is opened (Article 1105 of the Civil Code of the Russian Federation).”

In other words, after the sale of an inherited apartment to a suddenly appearing heir, the seller, not the buyer, will compensate his share.

Should I buy an inherited apartment?

You can buy an apartment that was inherited, but after carefully weighing all the pros and cons of the transaction:

This is secondary housing, and it usually costs less than apartments in new buildings

If more than 10 years have passed since the seller accepted the inheritance, the risks for the buyer are reduced to zero

People are wary of buying inherited apartments, and sellers often reduce prices slightly

There is a possibility of challenging the transaction. The apartment and money will most likely not be taken away, but the courts will have to waste time and nerves

If the seller lowers the price too much, this is a reason to be wary: perhaps he wants to get rid of the property as quickly as possible to hide legal flaws

How to buy an apartment received as an inheritance and not lose the property

Let’s figure out what are the pros and cons of a transaction involving property that was inherited by the seller.

Ownership of the property is confirmed by a certificate from a notary - a title document. Consequently, there are fewer risks associated with the identity of the seller and the property.

The overwhelming majority of these are apartments inherited from grandparents, elderly parents, located in “Khrushchev” buildings or houses that are decades old.

Main positive points:

• housing is usually without repairs, which the heirs want to get rid of quickly by selling it at a relatively low price;
• objects are often located in good areas of the city and on the first floors of buildings, which is convenient for the location of an office or store;
• the new owner, using the remaining money, independently carries out repairs in the apartment, including redevelopment.

It often seems to inexperienced buyers that if the property was inherited by the seller on the basis of a notary certificate, then everything is legally clear. But, unfortunately, this is not always the case. Let's talk about the pitfalls that await potential owners.

How to protect yourself when buying an inherited apartment?

To minimize risks, it is important for the buyer to follow several rules:

1. Carefully study the documents and history of the transfer of ownership. Information can be requested from Rosreestr.
2. Indicate only the real cost in the DCP. The seller may ask to indicate a reduced price there in order to reduce the tax amount. But if the deal is challenged, the buyer will receive only what is specified in the contract.
3. Buy an apartment if it was inherited at least 7 years ago. The likelihood of heirs appearing remains, but at a low level. If 10 years have passed, they will not be able to challenge the deal.

Note! It is advisable to indicate in the DCT that all financial risks in the event of litigation when other heirs appear are borne by the seller. This is already defined by law, but it is better to reflect such a clause in the contract.

Contents of the purchase and sale agreement

The contract specifies:

1. information about the parties to the transaction;
2. information about the object:

• Name;
• address;
• specifications;

1. title documents;
2. price;
3. method and procedure for calculation;
4. rights, obligations, responsibilities of the parties;
5. date of;
6. signatures of participants.

In the DCP, indicate the full cost of the property being purchased.

Write in the contract:

• the seller's responsibility for all financial risks in the event of litigation when new heirs appear;
• obligations of the seller, in the event of seizure of an apartment from the buyer by court, to buy him another apartment of similar cost, area, area of ​​​​location.

Sample contract for the purchase and sale of an apartment by inheritance

It is better to register the transaction with a notary. The notary will check all documents and submit them for registration. Registration will take up to three working days.

A state fee is required for notarization.

Buying an apartment after inheritance: step-by-step instructions

The purchase and sale of inherited real estate consists of several stages:

1. Obtaining a certificate of inheritance and registering the seller's ownership.
2. Search for a buyer, discussion of the terms of the transaction.
3. Conclusion of the contract, receipt of the deposit.
4. Submission of documents for re-registration of ownership in Rosreestr, possibly through the MFC.
5. Receipt of the final set of documents. It will be issued after 7 working days if the application was submitted to Rosreestr, and after 9 working days if applied through the MFC.

If the DCT is certified by a notary, he independently submits documents for registration; no fee is charged for this (except for the state fee). The registration period is reduced to three working days.

Contents and sample agreement

The DCT of the inherited apartment must include information about the parties to the transaction and other items:

1. The document on the basis of which property rights are registered - a certificate of inheritance.
2. Date of registration of the seller's ownership.
3. Information about the property: address, area, number of rooms, cadastral number.
4. A reference to the fact that the transaction does not violate the rights of third parties, and if they make claims, the seller bears responsibility.
5. A guarantee that the property is not encumbered.
6. Responsibility, rights and obligations of the parties.
7. Cost, payment methods and procedure.
8. Date of preparation and signature of the parties to the transaction.

Sample contract

Documentation

For the transaction, the seller must prepare:

• certificate of inheritance;
• extract from the Unified State Register of Real Estate;
• registration certificate;
• certificate of absence of debts for housing and communal services;
• extract from the house register.

The buyer will only need a passport.

These documents are submitted to Rosreestr along with the DCP in three copies, except for an extract from the house register and a certificate from the housing and communal services.

Expenses

The buyer pays a state fee for re-registration of ownership - 2,000 rubles. If the contract is certified by a notary, and certification is required by law, a state duty is paid for this in the amount of 0.5% of the transaction amount, but not more than 20,000 and not less than 300 rubles.

Note: notarization is required if the property of a child or incapacitated person is sold, or a share in the right of ownership to a stranger who is not the owner of the other share.

If the parties turn to a notary at their own request, instead of a fee, a tariff is paid in accordance with Art. 22.1 “Fundamentals of legislation on notaries”:

How to safely complete a transaction

Be careful with sellers who sell an apartment much lower than the market value, are confused in answering questions, and do not inspire confidence. Before deciding to purchase this apartment, find out the following points:

1. Talk to your neighbors:

• find out who lived in the apartment;
• what was the reason for the sale.

1. Find out from the management company:

• who was registered;
• What kind of relationship did you have with the owner?

1. Ask the owner:

• passport;
• title documents;
• extended extract from the house register.

1. Study the documents.
2. Check the inheritance case in the Register on the website of the Federal Notary Chamber
3. Read the text of the will. Make sure that the document does not include a testamentary refusal.
4. Order an extended extract from the Unified State Register of Real Estate.

If controversial issues are resolved, prepare a purchase and sale agreement and formalize the transaction

Lawyer's answers to private questions

What is more risky for the buyer: buying an apartment received by the seller by law or by will?

In the first case, legal heirs may appear who missed the deadline for accepting the inheritance. In the second - people who are entitled to a mandatory share, and who also missed the deadline. The risks are approximately the same everywhere.

What are the risks when purchasing an inherited share of ownership?

The buyer risks only if the seller has not provided the pre-emptive right to purchase to the remaining share owners (Article 250 of the Civil Code of the Russian Federation). But then the notary will refuse to certify the DCT, and Rosreestr will not accept the agreement without his signature and seal.

How to prove to the acquirer that he is in good faith?

It all depends on the specific situation. The courts are examining whether the buyer could have found out about the right of third parties to the apartment, whether he knew about it. But in most cases, they are still recognized as bona fide, and compensation is paid by the heirs-sellers.

Do I need my wife's consent to sell real estate that I inherited during marriage?

No. According to Art. 35 of the RF IC, such real estate is considered the personal property of the heir-spouse. Notarial consent is required only for the disposal of a shared apartment.

Can a buyer protect himself from loss of ownership of an apartment inherited by the seller?

Yes, for this it is enough to issue a title insurance contract. Such insurance precisely protects against the risk of loss of property rights, and is usually issued for the statute of limitations for challenging the transaction. But if the risks are minimal, it is not always advisable to buy it.

When can an intermediary be trusted?

A conscientious realtor never hides the truth. Upon first request, he shows a power of attorney from the owner to confirm his authority and provides documents from which it follows that the principal actually has the right of ownership of the apartment. A professional realtor will not require you to hand over a deposit - such an agreement is concluded only between the buyer and the owner. The role of the selling agent is limited to assisting in the preparation of the document and being present during the transfer of money.

How can you tell if a realtor is a scammer? A topic for a separate article.

You, as a buyer, can also enter into an agreement with a realtor, transferring to him the responsibilities of finding suitable housing. A good specialist with a developed professional sense is a godsend for those who are poorly versed in the specifics of the market. In addition, the contract provides for liability insurance to the client. If the realtor makes a mistake due to which the transaction is declared invalid, you will receive compensation for damages within the agreed amount.