Buying an inherited apartment: to be or not to be?





08.10.2010 05:07
Apartment received a legacy - often an unexpected asset. Certainly, the heirs often move into an apartment and obtained live in it, but more often such housing as quickly as possible try to sell it. And here it appears that inherited the apartment - the objects is extremely difficult and even dangerous. Let`s look at these transactions from the perspective of both sellers and buyers.

Granny`s apartment
The classic version of the inheritance - the apartment from her grandmother (my grandfather). Most often this is not the most comfortable properties in older homes, without repair. Therefore advantageous to take it, usually does not work - it is easier to sell and the money quickly to improve their own living conditions. But this option as a classic, so is ideal and that is far from reality.

More often it happens that a lot of heirs, to bequeath the apartment my grandmother did not have time or do not want to, or has given the legacy of someone one, forgetting the rest. Particularly violent family war taking place around apartments, which are suddenly bequeathed to strangers, if not certain organizations: sects, monasteries, a church, shelter ... "Flats, resulting entry in the inheritance, scare buyers that can not be predicted consequences of the purchase. This is a chance occurrence and disgruntled relatives and people who are entitled to a mandatory share in the inheritance. There are situations, and with forged wills "- says CEO of real estate agents Great Reality Natalia Rakov.

Of course, the buyer about all these problems do not necessarily know, discusses successor. After all, his task as a seller - to sell the apartment and get some money, and then encountered the problem completely will fall on the shoulders of a bona fide purchaser. "The fact that the full range of the heirs to identify with absolute assurance is extremely difficult, and in many cases impossible," - said Dmitry Ovsyannikov, CEO IPOTEK.RU. In particular, the expert explains, equal rights to inheritance are children born in wedlock, illegitimate children and adopted children. In this case, for instance, adoption could take place in another city in another country, that in itself is not always verifiable. With regard to illegitimate children, then their existence may be relatives of the testator and does not realize. And such an heir may declare after the sale of the apartment, claiming a violation of their rights.

Testament - a guarantee of a safe transaction?
Only one answer: no. Even if the apartment is selling successor as expressly set forth in a will in which he appears one is also not a guarantee that nobody`s rights in the transmission of inheritance were not violated. Yes, of course, inheritance, bequest seems more intuitive than the hereditary succession (when the property is divided equally between family members one by one). But will still not safeguard against future problems. Because there is such a thing as a compulsory share of inheritance. Yes, people may not know their rights (like the history of the "owner" told here) and more "intelligent" heir will not refuse to exploit the situation.

"In practice, actually happens: the heir, which came into law in time of ignorance" competitors "in a hurry to get rid of the apartment, nothing about the risks to the buyer. And the buyer does not use the services of professional expertise of an object, one is not a great day discovers in his mailbox a subpoena, and then in many cases loses purchased an apartment, and often paid for it. How often do happen such precedents? Let`s just say: from time to time ... "- EA CEO warns" Relayt Real Estate Oleg Samoilov.

Well, do not buy inherited an apartment?
In this issue several experts disagree. Natalia Rakov, for example, believes that it is better not to risk: "We have a choice of apartments on the market enough." And the head of the department of urban real estate company NDV-estate "Svetlana Birini contrast, notes that the proportion of inherited apartments on the secondary market rose:" Thus, the buyer refuses the apartment received an inheritance, greatly limits the range of your search.

In any case, no need to hurry - like the refusal, and with the transaction. "Yes, buying an apartment, whose ownership is transferred to the seller as a result of inheritance, has a number of specific features and risks. However, this does not mean that their presence is clearly a definitive obstacle to the deal. Just need a thoughtful approach to the verification of object and program development necessary antiriskovyh activities ", - explains Oleg Samoilov.

Dmitry Ovsyannikov said that by "fresh" inherited object exactly best avoided, but if the date of transfer of ownership of the apartment was inherited by a decade, then over the purchase is worth considering.

As possible to secure such a deal? Who can guarantee that the legacy was "clean"?
The idea is that security can not give one. Unaccounted heirs may occur at any time. If they prove that they were unaware of the testator`s death, according to the Civil Code, the period during which they can claim the right to share in the inheritance (six months), will be restored. Thus, the apartment will be returned to the seller (who will continue to deal with new heirs), and the bona fide purchaser would have to get their money for the transaction. "With this money, as is known, can be returned to the buyer for years and decades", - says Dmitry Ovsyannikov. The danger in the fact that if the date of the transaction took place a few years, then returned for "bad" apartment money will depreciate much (even if they are received in full, which is already unusual.) Thus, the buyer remains, though in good faith, but still somehow offended.

With regard to safeguards, on the market today, some companies insure their real estate transaction. Even with the secondary: for example, NDV-estate "works with the company ROSNO; AN" Relayt Real Estate offers a warranty on the legal purity of the transaction. But with suspicious objects realtors simply will not work. And to insure the sale transaction with recently inherited an apartment does not become one.

As a general rule, insured and without "clean" objects, in fact risking their money do not want any real estate agency or insurance company.

hand with pen and bloknotEsli talk about the liability of a notary, which revealed no heirs, something about this dream is not necessary. A notary is not responsible for the non-appearence heirs, who are given six months to enable them to assert themselves and claim the inheritance. Legal liability of the notary comes only if he intentionally discloses information about a notarial act or untimely provides information to the tax authority.

How to sell an inherited apartment if it discourages buyers?
"In essence, the seller may facilitate the examination of an object by preparing and providing the buyer with the information about the relatives of the testator and the terms of his possible successors. In this case, the buyer, even if the seller has submitted all necessary documents, to refuse examination, I still do not recommend, as any information from the seller, in my opinion, needs to check on the completeness and accuracy "- advises Oleg Samoilov.

In addition, experts agree that the purchase and sale transactions with these entities in the contract can not agree on undervalued, even if the balance will be framed and doplachena receipts. Too great a risk for the buyer to lose and a flat, and money.
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