You bought an apartment and an heir appeared – what to do?

Have you dreamed of owning your own apartment for a long time and finally realized your dream, but after some time it turned out that this property has heirs? In this situation, the first question that arises is: what to do with it? In this article, we will consider all the nuances of buying "problem" real estate. To begin with, we note that you can protect yourself from such risks with the help of legal support for real estate transactions from specialists Prykhodko and Partners.

Risks of buying inherited real estate

It is necessary to consider several times whether to buy an apartment that its owner recently received as an inheritance. Let's start with the fact that the will can be a forgery. In the event that a person really received real estate as an inheritance, there is no guarantee that there will be no other applicants for this apartment. They may appear after some time after the conclusion of the agreement. This will provoke a dispute about the legality of the sale of housing. Of course, you won't be evicted, but the legal process can drag on for years. In most cases, the buyer remains at a loss.

Let's consider the algorithm of actions in the situation when you bought an apartment and after some time an heir appeared. Such a problem can be solved by one of the options: a settlement agreement or an appeal to court.

As evidenced by the judicial practice of similar cases, they can last, as mentioned above, for more than one year. The court can recognize the right of ownership of the share in the apartment for the heirs. This means that the buyer will have to repurchase it. That is why the best solution will be a thorough inspection of the property received as an inheritance.

In some cases, persons who have inherited real estate try to sell it as soon as possible, without registering the right to inheritance according to all the rules. That is why concluding a full-fledged sales agreement is impossible. You can sell the apartment only after completing all the necessary documents.

Important: do not accept a deposit. After some time, several applicants for the inheritance may appear, and you will simply lose your own funds. If you still left a deposit, it must be issued according to all the rules. We are talking about the execution of a preliminary contract. It must contain: the terms of purchase, the price of the apartment, the liability of the parties due to the termination of the contract.

Legal support of real estate transactions

As mentioned above, if you do not do enough inspection of the property before buying, you can get into real trouble. Especially when it comes to selling inherited housing.

It is much more correct and safer to entrust this matter to real professionals - Prykhodko and Partners lawyers. Our lawyers will literally check all the documents under a microscope before signing the purchase agreement. You may doubt the legitimacy of the concluded contracts.

For example, with the help of the right action strategy, you can protect your apartment from potential heirs. Please note: contesting the right of the heirs to the inherited real estate is possible within 3 years from the moment the plaintiff learned that his rights were violated in one way or another.

Therefore, the seniority of the ownership of the apartment, which was inherited, is not a guarantee of the absence of litigation in the future. It is best to immediately get information from all relatives regarding their acquaintance with the fact of the death of a relative. Lawyers Prykhodko and Partners must take into account all the above-mentioned nuances. Qualified legal assistance is a guarantee of no problems with real estate in the future.

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