If you buy a house from a Russian abroad, what should you remember?

Let us imagine that you, a foreigner, want to buy real estate also abroad, but from a Russian. What should you remember to buy it and avoid legal issues and scams?

identity verification

Naturally, the first piece of advice that will apply not only to Russian citizens, but to any seller, is identity verification. Take a look at the seller's passport. This is what should red-flag you:
- crooked fonts;
- no signature;
- no watermarks;
- no visa of the country of the transaction (if applicable) or the visa looks strange;
- the passport was issued a long time ago, but looks like new.

Yet the best idea is to run a check on the future seller's identity documents. Ask him or her show you their internal passport (it is used by Russian citizens as the main ID in Russia), enter the passport details on the «Gosuslugi» website by clicking on the link on the screen (https://www.gosuslugi.ru/621102/1/) and you will find out if the document is existing and valid. It's more complicated with a travel passport, but as lawyers we can check it too for compliance with local standards.

Claims of other possible owners

It may happen that you buy the house of your dreams, and then it turns out that not only the seller had the right to it, that is, he could not dispose of the house alone. Claimers will go to court, and depending on what the judge decides, either the deal will be cancelled or these claimers will demand compensation. Of course, this depends heavily on the laws of the country - this may not happen, but ideally you want to make sure that whoever is selling the property is allowed to do so.

When can this happen?

Firstly, if a person is married - Russian law states that everything that the spouses acquired during the marriage is their community property and belongs to them 50/50. This means that you will at least need the consent of the owner's husband or wife, even though the property is registered in the name of only one of the spouses.

Secondly, this house could have belonged to a person who is now deceased, and at the moment, several Russian heirs are laying claim to it, and the notary has already initiated probate. One of the heirs, who owned a share, wants to get rid of the property as quickly as possible before it has to be divided with the other heirs. Sadly, you are unlikely to be able to find out this yourself without the help of a lawyer.

Power of Attorney

Real estate can be sold by proxy, but in this case the chance of fraud is very high, so it is essential to check the power of attorney before signing any contract.

What must a POA include?

A power of attorney issued in Russia must be notarized, on a yellow form, with a notary seal in Russian with a coat of arms. It must contain:
- the name of the document;
- the place of issue (city) and the notary office;
- the date of its execution;
- information about the principal and the attorney-in-fact: full name, place of residence and some other data;
- the powers of the attorney-in-fact, that is, what he can do;
- the signature of the principal;

and may also contain:
- the period for which it is issued;
- an indication of the right or prohibition of re-delegation.

If any of the required points are missing, it is either a forgery or a notary error, but even in the latter case this document cannot be used - it has no legal force.

Even if this POA is genuine and was actually made by the owner at a notary, it is not given that the principal did not cancel it several days ago – it can be checked only through the notary system. In addition, please note that such a document ceases to be valid if the person represented dies, is declared incompetent, has limited capacity, or is missing. Unfortunately, it is extremely difficult for a Russian citizen, let alone a foreigner, to check this, so do not hesitate to contact us if you need help with Russian documents.


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Tel: +7 909 961-19-09
Email: legalsolutions@inbox.ru
Visit us: Moscow, Zubovskiy bulvar, building 4/1, office 308

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