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Legal support of real estate deals in Russia

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Legal support for the purchase and sale of property

Why do you need a lawyer to buy real estate?

Acquisition of a property in Russia is a complex set of actions. When making a deal, it is necessary to sign a number of legal documents and follow certain procedures. It is important to understand that the legal support of real estate deals includes not only and not so much the participation of a lawyer in the process of the transaction. Our work begins before the transaction is made and consists in solving a number of difficult tasks: analyzing the legal history of real estate, verifying the seller’s authority and whether he has the right to dispose of this real estate, encumbrances, violations of the law, and much more. 

Legal support of real estate deals is aimed at assessing and eliminating risks for the parties, in particular, for the buyer as a more vulnerable party. There are a lot of risks: 

  • recognition of a contract as non-concluded; 
  • recognition of the purchase and sale of real estate invalid; 
  • reclamation of acquired property; 
  • the seller’s failure to transfer the purchased property; 
  • real estate is subject to the rights of third parties. 

To eliminate risks, the knowledge and experience of real etate lawyers is required.

Preliminary contract for the sale of real estate

After the buyer has chosen the property that suits, the question of further actions arises. As a rule, in order to secure the preliminary agreement of the parties on the price of the property and the terms of the deal, the buyer and the seller sign a preliminary contract of sale (often referred to as an advance agreement).

Real estate purchase agreement

Sale of real estate is carried out by the parties by means of the Purchase agreement. According to it, the seller undertakes to transfer the ownership of the property to the buyer, and the buyer to accept and pay for it under the conditions agreed by the parties.

The following essential conditions must be indicated in the Agreement, without which it will be considered as not concluded:

  • Data allowing to establish definitely the immovable property subject to transfer under the contract, including information about its location on the relevant land plot or as part of other immovable property (Article 554 of the Civil Code of the Russian Federation).
  • The condition of the price of the transferred property (article 555 of the Civil Code of the Russian Federation).
  • The condition of any pledges of the property (if any).
  • When selling property - a list of persons entitled to use this property after it is purchased by the buyer. At the same time, it is necessary to indicate the rights on which these persons use the property.
  • When selling on credit with a condition of payment by installments - the value of the property, the procedure, terms and amounts of payments (clause 1, article 489 of the Civil Code of the Russian Federation).
  • When using a bank's credit facilities for the purpose of payment - details of the loan agreement, name of the bank, place of entering into the loan agreement.


Based on our experience in legal support of real estate deals, we recommend also specifying the following conditions in the Agreement, which are not essential in the sense of legal terminology, but are important for the parties to the transaction:

  • The time of transfer of the property to the buyer on the transfer act.
  • An indication of the full capacity of the parties  and the absence of diseases that prevent the conclusion of the Agreement.
  • The period during which the parties undertake to submit documents for state registration.
  • The list and value of the property that is transferred  to the buyer.
  • Other conditions based on the characteristics of a particular deal.

The form of real estate purchase agreement

According to Art. 550 of the Civil Code, the contract of sale of real estate must be concluded in writing by drawing up a single document signed by the parties. Failure to comply with this form entails the invalidity of the contract.

At the moment, the list of real estate deals that are subject to notarization is significantly expanded. Namely, the list includes the following transactions:

  • on the alienation of shares in the right of common ownership of real estate;
  • sale of land share;
  • associated with the disposal of immovable property under guardianship, as well as the alienation of immovable property owned by a minor citizen or a citizen who is recognized as partially capable.

That is, if the owners of the object are several persons on the right of common share ownership and / or one of the owners is a minor, the transaction is subject to notarization by virtue of the law.

State registration of real estate rights

By virtue of the law, the right of ownership and other real rights to immovables, restrictions of these rights, their occurrence, transfer and termination are subject to state registration in the unified state register.

The transfer of the property by the seller

The transfer of the object by the seller and its acceptance by the buyer are carried out according to the transfer act or other transfer document signed by the parties.

As a rule, the transfer act is signed by the parties after making payment for the property. In this case, it is necessary to indicate in the deed of transfer that the payment has been settled in full and without any claims.

The deed of transfer pointing the fct of payment fixes the fulfillment of all obligations under the contract of sale, therefore this document has important legal significance and must be kept together with the contract of sale.

General steps for buying property in Russia

Property search

Property verification

Negotiations with the seller

Negotiations with  the bank 

Preparation of documents

Payment procedure

Transfer of ownership

Confirming documents

The price for legal support in real estate deals 

Legal check of the property

600 €

Allows you to refuse from buying a "dangerous" property.

  • obtaining information about the property from independent sources;
  • legal opinion on the risks of buying an property + recommendations for additional verification.

Conclusion on the possibility of buying

1700 €

Allows you to further make a deal yourself.

  • includes all the points in the legal check of the property;
  • analysis and verification of additional documents requested from the Seller;
  • conclusion on the possibility of buying an apartment from the Seller.


Real estate deal from start to the end

2900 €

The entire process and a 10-year warranty.


  • includes all the points in the legal check of the property and conclusion on the possibility of buying;
    • participation in negotiations to agree on the terms of the deal;
    • preparation of a contract of sale with extended guarantees of the Seller;
    • organization of payments in a bank (safe deposit box or letter of credit) and the presence of a lawyer at the deal;
    • registration of transfer of ownership.


    Support of real estate transactions and verification of real estate

    The participation of lawyers of the company Vita Liberta, as a rule, pays off to customers, because in addition to the guaranteed provision of a clean and reliable real estete deal that protects the buyer from financial losses, the lawyers lower the price of real estate as part of the negotiation process.

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    +7 (499) 110-80-55

    konon@vitaliberta.com 

    Russia, Moscow, Cosmonaut Volkov street - 20, office 520.

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