What risks come with buying a resale apartment
Common risks when buying a resale apartment - from multiple owners to an undervalued price in the contract.
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A resale apartment carries more legal risk than a new-build unit - it already has a history: previous owners, possible encumbrances, family disputes. Here is what to look at first.
Risks when buying from multiple owners
If an apartment has several owners, including minors, every one of them must consent to the sale. Selling a share without notifying the other owners, or without guardianship authority consent for a minor, can be challenged in court.
An undervalued price in the contract
A seller may suggest listing a lower price in the contract than what was actually paid, to reduce the sales tax. For the buyer this is a risk: if the deal is later challenged in court, only the amount stated in the contract can be recovered - not what was actually paid.
A sale by power of attorney
If a representative acts for the owner under a power of attorney, it's important to check that the power of attorney is valid, has not been revoked, and explicitly covers the right to sell this specific property. You can verify it through the Federal Notary Chamber's registry.
Warning signs to watch for
- The owner is selling right after inheriting the apartment.
- The price is noticeably below market with no clear reason.
- The seller refuses to show original documents.
- There are minor co-owners but no guardianship authority permission.
- The apartment is sold by power of attorney and the owner is unreachable.
How to reduce the risk
Order a fresh USRR extract, check the title history, and ask the seller to confirm their marital status at the time the apartment was acquired. In complex cases - multiple owners, inheritance, a power of attorney - it's worth getting a legal review before paying a deposit.
Not sure about a property
Describe the situation by phone - we will tell you which documents to request from the seller before the deal.
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