Real Estate Transactions and Disputes in Moscow
Buying property in Moscow involves risks that are easy to miss: a disputed chain of title, children's shares bought with maternity capital, heirs who were left out, a seller close to bankruptcy or a revoked power of attorney. Elena Petrova checks the property and the seller before you pay anything beyond a refundable deposit, supports the deal through registration and represents clients if the transaction is later challenged.
Due Diligence Before Signing
The check covers:
- EGRN extracts and the history of ownership transfers;
- spousal consent and the rights of minors, including shares funded by maternity capital;
- enforcement proceedings and the bankruptcy register;
- court cases involving the seller or the property;
- validity of any power of attorney used in the deal.
Structuring the Payment
The safest way to pay is through escrow or a letter of credit, with funds released only after Rosreestr registers the transfer. If the property is mortgaged, the contract sets out how the encumbrance is removed before or at registration. Receipts and bank documents confirm each payment.
The deposit agreement deserves the same care as the main contract. It should state when the deposit is returned in full, for example if the check reveals encumbrances or the seller fails to obtain a required consent. Cash payments without a written receipt are avoided, since they are hard to prove later.
Contract Terms That Protect the Buyer
A standard template rarely fits. The contract should state seller warranties, the list of registered persons and a deadline for their removal, liability for hidden defects and grounds for termination with a refund.
For commercial premises, the contract also covers existing leases, the transfer of utility contracts and the condition of engineering systems. Where the seller is a company, the approval of its participants may be required for a major transaction, and the buyer should see that approval before signing.
Registration With Rosreestr
Documents are filed through a multifunctional center or electronically. The standard term is several working days, shorter for notarized deals. A suspension notice from Rosreestr lists defects that must be fixed within the stated term.
Rules for Foreign Buyers
Foreigners may own apartments and most commercial property in Russia. Restrictions apply to agricultural land and land in border areas. Foreign documents need translation and notarization, and the buyer needs a Russian tax number. Payment from abroad may be subject to currency control rules, which are checked before the funds are sent.
Challenging and Defending Transactions
| Ground | Civil Code article | Typical situation |
|---|---|---|
| Violation of law | 168 | Sale without required consent |
| Sham or pretended deal | 170 | Gift concealing a sale |
| Seller unable to understand actions | 177 | Elderly or ill seller |
| Fraud, mistake or duress | 178, 179 | Hidden defects of title |
Such claims are also used against buyers, so the transaction file is kept ready as evidence. Eviction, deregistration of residents and inheritance-related property conflicts are handled as well.
Fees and First Step
Due diligence starts from RUB 10,000, and full transaction support starts from RUB 40,000. Send the address of the property, the EGRN extract if you have it, and the draft contract.
The main channel of communication with the advocate is email: lawyer@lawyer-moscow.com.