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Buying an Apartment in Russia: Legal Due Diligence

Buying an apartment is a sequence of legal checks, contract drafting, payment and state registration. A careful review before signing is more valuable than trying to correct an avoidable problem after money has been transferred.

Title and register information

Start with current information from the Unified State Register of Real Estate and the documents forming the seller’s title. Review restrictions, mortgages, disputes and the identity and authority of everyone signing the transaction.

Occupants and continuing rights

For a sale of a home in which people live who will retain a legal right to use the premises after purchase, the contract must include a list of those people and their rights of use. This is an essential term under Article 558 of the Russian Civil Code.

Transaction checklist

  • verify the seller, title basis and authority to sign;
  • check the apartment’s cadastral details and current register record;
  • identify mortgages, arrests, restrictions and pending claims;
  • review marital, guardianship, inheritance or corporate issues where relevant;
  • agree the price, payment route, handover and document list in writing;
  • prepare a clear acceptance-and-handover record.

Registration of title

The buyer’s title under a real-estate sale contract transfers through state registration. Performance by the parties before registration does not alter their relationship with third parties. If a party unjustifiably avoids registration, the other party may seek a court decision on registration and damages caused by delay.

Payment and handover

Use a documented payment structure that corresponds to the contract and preserve proof of every transfer. The handover act should record the physical transfer, keys, meter readings and documents; its content should match the factual state of the apartment.

This material is general information and is not a substitute for advice on a particular transaction.

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