On January 1, 2020, a law on compensation for the loss of housing due to black realtors or in the case when the transaction was declared null and void due to the fault of the seller came into force in our country. In the event that a person has purchased an apartment or house, relying on information from the Unified State Register real estate (USRN), and then it turned out that the seller had no right to sell, the bona fide buyer is paid compensation. Recall that the buyer is recognized as good faith until the court proves the opposite, and exactly what he knew or should have known about the absence of the right to alienate the property from the seller real estate.
The Law on Compensation for Loss of Housing provides for a special procedure for payment and calculation of the amount of these funds. It is important to remember that compensation is provided only for the loss of the right to housing due to the fault of the other party, and not the owner. In addition, the amendments apply to donated housing, for example, when direct heirs have appeared, and the rights to square meters of the new owner of the apartment are not documented.
People who completed the transaction before the entry into force of the law are also eligible for compensation. They will be able to receive compensation for the lost housing by going to court with a demand for payment of funds within three years after the entry into force of the new rules.
In order to receive a payment, you need to go to court. The claim must reflect all the important points reflecting the progress of the home purchase, including a list of important documents, a strict list is not spelled out here. The buyer can attach everything that is directly or indirectly related to the case.
We add that the document does not establish the maximum amount of compensation. With a positive solution to the issue, the buyer can choose to receive compensation in the amount of real damage or at the cadastral value of the seized housing. Before the adoption of the law, the amount of compensation was no more than 1 million rubles, which in most cases did not cover the damage incurred by the purchasers.
If you are planning to buy or sell housing - secure yourself, get full information about the history of the housing being purchased by applying for an extract from the USRN. The document contains all the necessary information that must be checked before concluding a transaction: data about the object, its owner, the presence or absence of encumbrances. You can order a document through the MFC or using the online service of the Federal Cadastral Chamber, while the permission of the property owner to obtain this information is not required.
Source: RBC Real Estate
