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Risks when buying an apartment less than 3 years old

1. Check the seller. First of all, avoid transactions made under a power of attorney, as its validity may terminate even before the registration of the purchase and sale agreement. Also try not to purchase real estate from visiting residents, as scammers often use such persons for their fraud. Before buying, ask the seller why he is selling the home - if it comes into question, treat such a transaction with the utmost caution.
2. Check out the property. It is necessary to check both new buildings and secondary housing. Pay attention to the number of previous residents, the correspondence of the cost of the apartment and its condition, as well as the correctness of all the owner’s documents. Also at this stage, it is necessary to discuss with the seller all aspects of transferring funds, features of access to bank safe deposit boxes and other nuances.
3. Check the sales procedure. You should be wary if the apartment is being sold urgently, or at a significant discount that exceeds 15% of the total cost. One should also be suspicious of cases when a property is sold not by the owner, but by his representative. If, under a vague pretext, you are presented with an incomplete package of documents, you can turn around and leave - this will be best for you.

1. Sale using invalid documents. To do this, criminals use fake stamps, forms, “fraudulent specialists,” as well as an apartment that is rented from third parties for a short period of time (as a rule, the owners are not even aware of such tricks). The danger of this method is that it will be very difficult to find scammers and prove that you are right after the purchase.
2. Applying to court to declare the transaction invalid. As a rule, after the sale, scammers file an application with the court to return the apartment back. This type is not so dangerous, since the money paid for housing is returned back to the buyer, but in a smaller amount due to the lower cost being stated in the claim. The difference goes into the pockets of the criminals, and the unfortunate buyer suffers losses and wastes his nerves and time.
3. Sale of real estate to several individuals at the same time. A fairly common type of deception, in which the owner of the property makes several copies of documents for the apartment, then they are certified in different offices. After selling a property to several people, the owner usually disappears.

Possible methods of fraud during the purchase and sale of residential premises

The amount of tax paid by the seller upon completion of a transaction for the purchase and sale of real estate is equal to 13% (personal income tax), while the tax base is understood as the difference between the cost of purchase and sale of an object.

The seller indicates in the expenditure part the amount specified in the purchase and sale agreement, as well as the costs of improving housing conditions and mortgage costs. Each expense item is supported by documentary justification.

The owner has the right to indicate in expenses an amount of no more than 1 million rubles if he inherited, received as a gift or privatized the apartment. Please note that this amount is determined for one property. This means that if a share is put up for sale, then you can receive the corresponding amount upon deduction (up to 1 million rubles). However, it is important to understand that when selling several shares at once, the deduction amount does not increase.

To carry out such a scam, the seller uses a rented apartment, the legal owner of which may not be aware of the fact of fraud. During the execution of the transaction, you will be provided with fake documents with a fake seal, notarized by dummies. This type of fraud is dangerous because after the purchase there is practically no chance of finding the criminals.

After the completion of the purchase and sale transaction, the former owner of the residential premises files a statement of claim, indicating a lower value. According to the court order, the sold property is returned to the owner, but the buyer receives the amount specified in the claim. If desired, the court decision can be appealed. A decision in favor of the victim will be facilitated by the testimony of other defrauded buyers.

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Fraudsters find several buyers at once and simultaneously draw up a purchase and sale agreement, certifying the documentation in different legal offices. After completing several acts of selling the apartment, the scammers disappear.

Cases of fraud in the real estate market are more common in large cities, where the cost per square meter is an order of magnitude higher than in the provinces.

Risks of purchasing an apartment that has been owned for less than 3 years

• Seller. It is better not to enter into an agreement using a power of attorney, since its validity date may expire before the agreement is registered. It is also not advisable to contact visiting sellers. In addition, it is necessary to clarify and, if possible, verify the reason for the sale.
• An apartment or other real estate to be purchased, including in a new building. It is necessary to request an extended extract from the house register in order to view the entire list of residents previously living in this area, and to clarify whether there are any among them who can return according to the law. It is important to immediately specify and document the payment method.
• The procedure for carrying out the transaction. Urgency or a significantly reduced price for an apartment (more than fifteen percent) is a reason to be wary. The absence of any document in the package is also a reason not to sign the sales contract.

Buying real estate is accompanied by a number of nuances that need to be foreseen in advance. When purchasing on your own, you need to inquire about the history of the apartment. Asking questions is, of course, good, but each answer must be supported by the appropriate document. That is why you need to ask the seller to show not only a certificate from the house register, but also an extended extract from the unified state register of ownership of real estate.

How to protect yourself?

First of all, you need to make sure that the seller is not a scammer. To do this, you need to request all title, cadastral and technical documentation for the apartment. In addition, request the seller’s civil passport and identify the passport’s compliance with the documentation.

ATTENTION: The seller must provide originals of title documentation and extracts from the Unified State Register.

Passport data must be carefully examined and the last name of the intended owner must be remembered. You also need to write out the cadastral number of the apartment. On the Rosreestr website you can identify an object by cadastral number and find out who it belongs to. Do the same by contacting the MFC with a request for an apartment.

Information about the owner of the apartment is publicly available and can be provided to third parties. If a certificate of inheritance or a deed of gift is presented as a document of title, then you need to verify their legal capacity as follows:

1. Such documents are issued and certified by a notary, which can be verified by submitting a request to the notary about the fact of a notarial act.
2. Information about them is entered into the state cadastre and can be obtained through the MFC.

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The certificate of inheritance indicates the circle of heirs who inherited the apartment; each of them must present:

• notarized consent to sale and power of attorney;
• refusal of real estate in favor of the seller, certified by a notary.

In addition to these precautions, you need to ask for an extract from the Unified State Register, which contains information about the owner. This data must identify the individual who is the seller and correspond to the passport data. If the surname has changed during this period, documents are presented confirming the legality of the surname change.

For example, a marriage certificate. And most importantly, do not under any circumstances agree to replace the information in the purchase and sale agreement. The price of the object must exactly correspond to the amount that was paid by the buyer under the transaction, taking into account the payment of an advance or deposit (we talked about the difference between an advance and a deposit, how a deposit differs from them and what is better for each of the parties to the transaction). separate article).

If unlawful actions on the part of the seller are revealed, then even after transferring the contract for registration, it is permissible to suspend registration actions by submitting an application to the MFC until registration is completed.

Risks when buying an apartment owned for less than 3 years

You should request an extended extract from Rosreestr, which lists all the residents - this way you can check who may have the rights to own or live in the apartment, and make sure that after purchasing it no one else will be able to present them. If there are minor co-owners, the seller must present permission for the transaction from the guardianship and trusteeship authorities.

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The transaction ends with the registration of the transfer of ownership of the apartment in Rosreestr, after which the buyer officially becomes its owner. To do this, an application and documents necessary for registration are submitted to the Rosreestr branch or to the MFC: a purchase and sale agreement, a cadastral passport, passports of the parties to the transaction, a receipt for payment of state duty. Sometimes others - a power of attorney, the consent of the seller’s spouse, and so on.

Cases of challenging a transaction

Real estate purchased with borrowed funds is subject to sales tax on a general basis. Mortgage housing is also subject to the rule on compliance with minimum terms. In this case, the moment of registration of ownership is of key importance.

Apartments can be decorated as follows:

1. Ownership has been transferred to the debtor, and an encumbrance has been placed on the apartment.
2. The bank retains ownership until the loan debt is paid.

If the loan agreement states that ownership transfers upon repayment of the mortgage, the owner must pay tax upon alienation of the property. Before selling, you must also obtain permission from the bank.

An apartment purchased with capital funds is also taxed upon sale. Only the amount of the benefit is not subject to personal income tax. As a rule, maternity capital funds are not enough to purchase a full-fledged apartment, so if a citizen wants to avoid the obligation to pay tax, he will have to wait until the end of the minimum period of ownership.

Personal income tax on the sale of an inherited apartment is paid according to general principles. The main feature of such a transaction is the tenure period, which begins to be calculated from the moment the inheritance is opened, that is, from the date of death of the testator.

According to the general rules, if the seller has owned the apartment for more than three years, there is no need to pay tax on the sale.

Example

The woman inherited in January 2020 and became the owner of the apartment. She can sell it without paying personal income tax after 36 months from the date of opening of the inheritance - in January 2020. If a citizen decides to sell her apartment before the minimum period, personal income tax will be paid at a rate of 13%.

If you receive an apartment as a gift from a close relative, the minimum period of ownership from personal income tax exemption is 3 years (clause 1, clause 3, article 217.1 of the Tax Code of the Russian Federation). Close relatives are considered:

• parents and children;
• grandparents and grandchildren;
• brothers and sisters;
• spouses.

If the property was received as a gift from persons with whom the seller is not closely related, it can be sold tax-free only after 5 years.

According to the law, the donee receives full right to dispose of the donated property after registering the property rights in Rosreestr. A citizen who has received housing as a gift must contact the registration authority and submit an application for a change of owner. Having registered ownership of an apartment, the owner can sell it at any time.

Question

Selling an apartment purchased in 2020
I bought an apartment in 2020, when can I sell it without paying tax?

Answer

If the right to real estate was registered in the same year when the purchase took place and the apartment has been owned for more than 3 years, there is no need to pay tax.
In this case, there is no need to file a tax return and notify the tax office about the transaction. If the property right was registered after 01/01/2016, to sell without tax you must wait 5 years from the date of registration. A transaction can be challenged on a general basis in accordance with the provisions of Article 450 of the Civil Code of the Russian Federation if one (several) of the provisions of the contract are not fulfilled by the counterparty.

The same applies if the rights of third parties who encroach on the ownership of the apartment are violated. It is also possible to recognize a contract as voidable on a number of grounds set out in Articles 166 and 167 of the Civil Code of the Russian Federation. These include violation of the law when concluding a contract:

• with a minor;
• with an incapacitated person;
• in oppressive circumstances;
• if the transaction is imaginary or made with other violations.

That is, all cases of violation of the law allow for the cancellation of the contract and bilateral, and in case of fraud - unilateral restitution.

REFERENCE: Restitution is the return to the parties of what was received in a transaction, bringing legal circumstances to the state that existed before the conclusion of the agreement.

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Risks of buying an apartment less than 3 years old

In all such situations, the matter comes to court. It is rare that sellers, defrauded investors or buyers agree to resolve the issue peacefully. If in such cases the seller or other person making a claim agrees to a peaceful settlement of the issue, for example, by making an additional payment, then most likely this is the work of scammers. After all, most buyers do not want problems in court, considering this a useless action. Lack of legal knowledge of individuals forces them to become victims of scammers.

In any case, problems arise with a recently purchased apartment or claims are made by third parties, you must immediately go to court. Usually, this is the only way to retain your rights to an apartment or to return the money paid for it.

What are the consequences of selling an apartment that has been owned for less than 3 years?

What to do if, despite all precautions, fraud still occurred? File an application with the court immediately. Only through the court is it possible to return funds. However, this may be delayed if the individual seller declares bankruptcy. In addition, only the money that was spent on the purchase will be returned; expenses for making the purchase or repairing the apartment will not be reimbursed.

Of course, the presence of one or more items from this list does not mean that the seller is a scammer; there are different cases in life when an urgent sale of real estate is required or the owner himself may not know some of the nuances. But the purchase and sale of a new apartment is associated with large financial risks, so if there is the slightest doubt, it is better to refuse the transaction.

Features of tax calculation and payment

There are certain features that income tax on the sale of an apartment

, and every taxpayer must know about them. A special situation is the sale of real estate that is jointly owned by several persons. How to calculate income tax if, for example, three people own an apartment in equal shares and its value is 2,150,000? As was calculated earlier, taking into account a property deduction of 1 million rubles. it is necessary to pay 149,500 rubles. to the budget. If the owners are three adults, then this tax burden is distributed among them in accordance with their shares.

In other words, 149,500: 3 = 49,667 rubles.

Moreover, if the owners are minor children, then their parents are required to pay their tax.

If several persons who are not related (for example, neighbors in a communal apartment) have ownership rights to an apartment, then each of them must pay tax in accordance with the share of the apartment that they own. Moreover, each of them must have a certificate confirming the right of ownership of part of the apartment being sold.

Another feature of paying tax when selling housing is the fact that if the funds received are used to purchase other real estate, the taxpayer is not exempt from paying the corresponding tax to the budget. According to the law, when purchasing an apartment, any taxpayer has the right, justified by law, to receive the established property tax deduction - up to 260,000 rubles. If there is a sale and then a purchase of real estate, then, in agreement with the tax office, the income tax and deduction can be offset. In other words, the taxpayer will not have to pay tax in the prescribed amount, but he will also not be able to receive a deduction. The only thing to take into account is the fact that both transactions must be carried out in the same tax period.

There are situations when unscrupulous taxpayers deliberately avoid paying taxes by deliberately understating the cost of an apartment in the purchase and sale agreement. Naturally, the smaller the income, the less tax will need to be paid to the state budget. But the tax authorities, due to the presence of precedents of this kind, carefully analyze and evaluate the cost of housing from different angles. If it is significantly lower than the market value of similar apartments in a given region or area, the higher the chances that tax officials will conduct a more detailed check on the fact of forgery or provision of incorrect information in advance. In confirming the fact of fraud, the state. The authorities have the right to impose an administrative penalty on the seller, but no one will exempt him from paying the corresponding tax.

Buying an apartment less than 3 years old, buyer's risks

When purchasing real estate in a new building on the primary market, the new owner risks that the construction of the residential complex will not be completed at all, but there are risks in purchasing an apartment that has been owned for less than 3 years. Here, too, the buyer needs to be prepared for tricks. Many will be surprised why such a clarification is needed, and what is special about an apartment that has been owned for less than 3 years. And in vain, find out why further.

1. Sale using invalid documents. To do this, criminals use fake stamps, forms, “fraudulent specialists,” as well as an apartment that is rented from third parties for a short period of time (as a rule, the owners are not even aware of such tricks). The danger of this method is that it will be very difficult to find scammers and prove that you are right after the purchase.
2. Applying to court to declare the transaction invalid. As a rule, after the sale, scammers file an application with the court to return the apartment back. This type is not so dangerous, since the money paid for housing is returned back to the buyer, but in a smaller amount due to the lower cost being stated in the claim. The difference goes into the pockets of the criminals, and the unfortunate buyer suffers losses and wastes his nerves and time.
3. Sale of real estate to several individuals at the same time. A fairly common type of deception, in which the owner of the property makes several copies of documents for the apartment, then they are certified in different offices. After selling a property to several people, the owner usually disappears.

Fraud options

Most often, the risks of purchasing an apartment and other real estate that has been owned for less than 3 years are associated with fraud. Practice knows many such cases, which allows us to highlight some of the most common schemes:

• Carrying out a transaction using forged documents. Not only false documents, seals, and dummies are used, but also a rented apartment, which often belongs to a person who is not at all aware of the fraud. At the same time, it is almost impossible to find scammers, and it is very difficult to achieve justice and return money.
• Filing a claim in court to declare the transaction invalid. The claim is filed by the seller in order to regain the property and make money on it. Despite the fact that after cancellation of the contract the buyer gets his money back, this is not the amount that was paid, but less. The fraudster pockets the difference. In addition, do not forget about legal costs.
• Selling an apartment to several persons at once. This is done by reproducing notarized copies of documents on which simultaneous transactions are executed. Of course, the seller prepares them in different notary offices. It is extremely difficult to bring such a fraudster to justice, since he usually immediately disappears in an unknown direction.

Owned apartment for less than 3 years - is it worth buying, risks

Buying real estate cannot be rushed and will require increased attention, starting with the search for suitable options. To reduce the risk of problems arising after purchasing a home, you should approach the selection of offers very selectively. If possible, avoid advertisements marked “owned for less than three years,” but if you still like an apartment in this category, be sure to check:

We recommend reading: Permitted use of land for the operation of a residential building and the building on the site is non-residential

In advertisements for the sale of real estate, the clarification “apartment less than 3 years old” is often found. For an unprepared person, such information will seem completely useless and may lead him to bewilderment: why indicate the period of ownership of the property?

The apartment has been owned for less than 3 years, how to sell? Buying an apartment: risks (2018)

The danger of acquiring real estate owned for up to three (and according to the latest data up to five) years is that unscrupulous sellers, after receiving a tax deduction, try to cancel the transaction. Let's look at the most common fraud schemes and ways to avoid unforeseen situations.

1. You should obtain a cadastral extract from the State Property Committee (state real estate cadastre), which will show information about the owner of the property, its cadastral value and other useful information.
2. You should obtain an extract from the housing organization, which indicates all the persons officially registered in the specified apartment.
3. Contact any notary to obtain information about the existence of encumbrances on the apartment.
4. Contact Rosreestr for information about the existence of prohibitions and restrictions on the implementation of registration actions with this housing.

What should you pay special attention to?

To ensure that the counterparty is not able to challenge the transaction on the basis of technical errors, it is imperative to check the entire text of the bill of sale. However, a number of provisions are significant, so closer attention should be paid to the points:

1. An introductory part, which provides information about the parties to the agreement, so that a third party not related to the transaction is not included.
2. The subject of the contract, which indicates the address of the apartment and all its characteristics in order to avoid substitution of the object.
3. The price of the object, taking into account the amount of the advance payment or deposit (if a preliminary agreement was concluded). You need to make sure that the price is not changed at the last moment.
4. Conditions for terminating the contract, where the provision “on the return of what was received under the transaction in the event of its termination” must be formulated.

IMPORTANT: A correctly drafted contract is the main guarantee of the protection of the property rights of the parties.

What can be dangerous about buying an apartment less than 3 years old: buyer’s risks

The real estate market is a large organized system with its own rules, laws and professional participants. An ordinary person, acting as a one-time buyer, is often assigned the role of a victim in various fraudulent transactions. How to avoid mistakes and how not to fall into the web of scammers and unscrupulous sellers? Read more about this.

• Firstly, this procedure itself will take quite a long time.
• Secondly, a dishonest seller is unlikely to immediately return the money, and debts in our country can take years to collect.
• And thirdly, all these problems can be easily avoided by carefully checking the history of the property.

• You refuse the deal if the owner is not able to provide you with a complete package of documents. This is a typical sign of a fraudulent scheme.
• Try not to buy housing from third parties acting under a power of attorney. As a last resort, require the presence of the owner at the conclusion of the transaction.

BUYING AN APARTMENT OWNED FOR LESS THAN THREE YEARS - IS THERE A RISK?

2. Usually the advertisements indicate: less than three years - this means that the sale of the object occurs at a price of up to 1 million. rubles, or at the investment cost (for what they bought it, they sold it for it), the rest of the amount is indicated in an additional receipt, such as for integral improvements in living conditions, etc., and this is at the discretion of the court. (whether all the money will be returned, or only the amount specified in the Agreement)

Hello Olga! Real estate is the most expensive commodity on the market, so there are a lot of unscrupulous people around. Therefore, we must remember that selling an apartment where the full price is not indicated is a reason to be wary. And in the event of termination of the apartment purchase and sale agreement, the buyer will receive the amount specified in the agreement. There is such a profession as a realtor who will ensure the financial security of the client.

What risks might you face?

The reasons why risks arise for the buyer of an apartment and other real estate that has been owned for less than three or five years are justified by the fact that:

• If the apartment was received by the seller under a deed of gift, the donor has the right to return it through the court before the expiration of three years of ownership;
• The real estate may be encumbered by the registration of minors or incapacitated persons in it, due to which the purchase and sale agreement may be cancelled;
• There is no possibility to apply for a deduction for the tax paid.

Of course, buying such an apartment will not necessarily be burdened with all these troubles. Undoubtedly, there are conscientious sellers who have valid and well-founded reasons for selling a property without causing any problems.

However, if you buy real estate in a new building, you shouldn’t let your guard down. Fraudsters operate here too. In addition, the possibility of an unpaid loan cannot be ruled out.

What is - Ownership less than 3 years old

If the seller received property under a gratuitous agreement (for example, privatization, gift or inheritance), then he has the right to a tax deduction of 1 million rubles. If the property right is more than 3 years old, then the seller has the right to a tax deduction equal to the value of the property sold.

If the seller received ownership of the object free of charge - donation, privatization and inheritance , then he can indicate only 1 million rubles in the expense section. The amount of 1 million rubles is determined for one piece of real estate (room, apartment, etc.), and if a share in the right is sold, then the corresponding share of 1 million rubles can be received as a tax deduction.

Why 3 years

Where did this three year period come from? The fact is that real estate, which has been owned by the owner for less than three years, is sold and bought under certain conditions.

For example, one of the conditions is that the seller undertakes to pay personal income tax in the amount of 13% of the tax base. The tax base is the difference between the expenses for this apartment and the income from the sale of it. If the housing was received as a result of a gift agreement or by will, then the minimum amount that is not subject to taxation is 1 million rubles. 3 years after the owner of the property took ownership, he does not pay tax.

For some transactions in 2020, on January 1, the period was increased to 5 years. This applies to sales and investment agreements.