A lawsuit with a developer: how to get money back for an unbuilt apartment

Is it possible to return the purchased apartment and get the money back?

Have you purchased a suitable premises, but later found out that it has serious shortcomings? For example, a deal was concluded in the summer, but in the winter it turned out that there was no heating in the building. In such situations, unlucky owners give up, although the law is on their side.

The Supreme Court of the Russian Federation answered the question whether it is possible to return the purchased apartment to the original owner and get the money back. According to his decision, the option is allowed if you did not notice serious defects during the purchase, and later they prevented you from using the property for living. In such cases, the claim will be satisfied, although the situations are often not so clear-cut. What to consider if you want to get your money back?

What are considered disadvantages

The main condition on which the outcome of the case depends is the unsuitability of the property for habitation. In this case, a significant drawback must be irremovable or removable with a disproportionate amount of time, money and effort. It is also possible that you have already carried out repairs, but the defect appears again, more than once.

If the shortcomings are not significant, then you will demand their elimination or a reduction in price.

The law does not contain a list of hidden defects that will become grounds for termination of the transaction. But you can be guided by the provision on recognizing an object as a residential premises: if it does not meet the criteria, then you have grounds to go to court.

Give the following arguments:

If destruction, damage, or holes are found on supporting structures, the result will be a catastrophic outcome with loss of life. The deficiency will be eliminated by a complete reconstruction of the building, so there is a chance to defend the position in court.
The availability of light, gas, electricity, water and heating is an indispensable condition, as is the compliance of systems with sanitary and epidemiological requirements.
High levels of gas or dust in the air indicate improper ventilation. But if the reason is the proximity of the enterprises, then the likelihood of defending your position in court will decrease. After all, most likely, you will be sent to look for the culprits among the officials who allowed air pollution.
An increased noise level in a room is due to the proximity of an airport, railway, or industrial enterprise. The defect is often accompanied by vibrations, which provokes in residents the development of diseases of the hearing organs and nervous system, and a general deterioration in health; under such conditions, the deterioration of the building accelerates. At the same time, the presence of noise from neighbors is unlikely to become an argument during proceedings in the courtroom.
Unacceptable levels of radiation occur when a building is built near waste storage facilities or using contaminated building materials. The court will be on your side with 100% probability.
If it turns out that wooden floors are installed between the floors, there is a chance to terminate the sales contract.
Freezing of walls most often occurs in corner rooms. It is fraught with the formation of fungus, which will make living impossible without a threat to health. The probability of winning the trial exists, although it is not 100%.
Does the presence of persistent unpleasant odors caused by the proximity of livestock farms make it impossible to stay indoors? As a result of the proceedings, the seller will return your money for the apartment .
The presence of cockroaches, rodents, and insects will also be grounds for trial. The problem is that you will have to prove the irreparability of the defect by calling exterminators or deratizers. The court will need to emphasize that major repairs are necessary to use the premises as residential.
Have you discovered a violation of the tightness of the connecting seams on the slabs? First, try to eliminate the defect, and then prove that the defect cannot be corrected.
You will be able to cancel the purchase if your stay is fraught with contacts with antisocial persons.

The reasons are also considered to be a lack of water supply due to errors in construction projects, low temperatures due to failures in the heating system, flooding of the basement and a number of additional factors. But you will have to defend your position in court, which is fraught with lengthy proceedings.

If you have not yet re-registered ownership, then canceling the transaction at the request of the parties will not be difficult. It is enough to sign an agreement to terminate the contract; when registration is completed, compelling reasons will be required.

Return deadlines

According to Art. 181 of the Civil Code, a three-year limitation period is established for the applicant’s demands to terminate the contract for the sale and purchase of an apartment due to the application of the consequences of the invalidity of a void transaction and its recognition as invalid. This period begins to count from the moment the purchase and sale agreement is signed.

Thus, only significant defects in the property that significantly complicate the operation of the apartment or make it impossible can serve as grounds for termination of the purchase and sale agreement. First, the parties should try to resolve the dispute through negotiations, and then the buyer has the right to go to court.

Actual investments in new housing include not only direct costs for the purchase and sale of an apartment, but also additional costs for finishing work, this includes both the purchase of building materials and the payment of workers.

For those who work officially, income tax of 13% is deducted from their salaries. When purchasing an apartment, you can return part of the tax paid, i.e. receive a tax deduction.

How to do this, when you can file 3-NDFL, how long it takes for the tax office to usually transfer money and what other features this process has, we will consider below.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Reader question: should I return the money or keys?

Hello! The following story happened: I sold the apartment, but the new owner called and said that she wanted to terminate the deal. The problem is that a marginal family lives on the floor above: they don’t have money for repairs, so the plumbing is antediluvian and constantly leaks. When buying, the woman saw stains on the walls, but we said that they were left after putting out the fire: there really was one, but a long time ago.
If the contract is canceled, you will have to pay back the money, but it has been spent. But the premises are not recognized as unsafe; under this condition, is it possible to return the apartment to the seller because you didn’t like it?

It will be possible to cancel the transaction if you sold an object with hidden defects. But you will first have to prove their existence, since the arguments are assessed by the court. You will need to figure out whether the presence of an inadequate neighbor is a hidden defect, although if you contact a competent lawyer, the woman will receive her money back.

If we were talking about an isolated case, then the question of whether it was possible to return the apartment back to the seller would not have arisen. But the problem arises periodically, and the buyer will prove damage from repeated flooding by requesting a construction and technical examination. It will also work against you that the facts were established earlier, and you definitely knew about the defect. Further developments depend on the competence of the lawyer and the condition of the property. You may be required to eliminate the consequences at your own expense, reduce the price of housing, or terminate the contract.

What to do? Contact a lawyer for a pre-trial resolution of the dispute. Agree if you are offered to change your neighbor’s plumbing and make repairs to the room. If necessary, go to court and insist that the problem is not in the design features of the housing, but in actions from outside. In addition, the buyer saw the divorces, but agreed to the deal: a competent lawyer will use the fact in your interests.

When and how can you return the apartment to the seller?

If you discovered defects before you signed the transfer deed, then there will be no difficulties. After all, in the text of the paper you confirm that you have assessed the condition and agreed to the deal. But it happens that the contract has to be terminated after lengthy proceedings: clients inspect the object inattentively or simply do not know what to pay attention to.

Is there a signature on the transfer document? If you later discover defects, the seller does not have the right to ignore claims based on paper. According to Art. 556 of the Civil Code of the Russian Federation, the consumer is provided with protection of rights, even if he agreed to accept premises with defects. This is due to the fact that during examination a person cannot detect all the nuances. If the legislation did not protect his rights, developers would begin to hand over properties with defects, and later would refuse to return the money.

What to do when the deed is signed

Regardless of whether you bought a home in a new building or turned to the secondary market, do an inspection immediately after taking ownership. Your goal is to identify defects without delaying deadlines, since the law allows you to submit a claim within 15 days. In the text you will express your desire to return the apartment to the seller and receive the money; a requirement to provide another object is also allowed (for example, you have entered into an agreement with a developer, and he is constructing several houses).

How to file a claim? There are no clear rules in the law, so present the information in free form. But the text must contain the following:

your full name and personal data;
information about the seller;
date and place of the transaction;
payment method;
information about the object;
a list of shortcomings indicating why you did not notice them when signing the act;
your wishes.

The document is drawn up in 2 copies, and you will keep 1 of them with the seller’s signature. Also include a copy of the purchase and sale agreement, receipts or other documents confirming the transfer of money. In the future, you will need documents to prove that you contacted the former owner to resolve disagreements out of court.

You should always negotiate: do not escalate the conflict, hoping to get your way in the meeting room. After all, the buyer suffers from the termination of the contract! After the court's decision, you will give the keys to an unscrupulous seller, and then you will find out that he managed to spend the money. As a result, the refund will take years, since the other party will make the minimum monthly payment. If she does not have an official income, you risk not receiving anything for years.

When to go to court

to return the purchased property through the court when the seller does not agree to satisfy the requirements specified in the claim. Submit a statement of claim and documents supporting your position.

But the court will not believe unfounded allegations: collect evidence that the premises are unfit for habitation. A conclusion from a construction and technical examination will be required, and the price for such a service is 10,000 rubles. The document must contain conclusions that the object does not meet the requirements for residential premises, and therefore is not considered as such. If you have such a paper in your hands, there will be no difficulties in court.

Features of drawing up a purchase and sale agreement

If you want to return the money and choose another property, study the purchase and sale agreement: you will attach it to your claim in court. Ideally, the text should specify the state of communications and compliance with standards, although buyers neglect to carefully describe the nuances. But even if you have a standard document in your hands, the seller will be obliged to hand over the property in a condition suitable for habitation.

The contract must contain a clause stating that the seller will be liable for deliberate concealment of defects.

Limitation periods for termination of a purchase and sale agreement

According to the Civil Code of the Russian Federation (Article 181), the statute of limitations, depending on the circumstances, will be 1-3 years. The maximum period during which third parties can make claims is 10 years.

Construction of the house is delayed

In a word, the developer cannot fulfill his obligations to the shareholders, the house is not completed, the shareholders have no money. (I hope you have solved all the previous problems, and you also understand that no matter what the decisions of the court (courts) are, and even if the director of the development company is in prison, this will result in no more money for the shareholders)?

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Let me make a reservation right away that the developer is not an altruist. He calculated everything and came to the conclusion that 50 million was enough for him to build a house, and he plans to put 50 million in his pocket as profit. (What: has the right).

Is it possible to return the deposit for an apartment?

You did not conclude a purchase and sale transaction, but left a deposit, and later changed your mind about purchasing real estate? If the process is not completed due to the fault of the buyer, then the money remains with the seller. When the responsibility lies with the current owner, he usually gives the amount 2 times the amount.

Will it be possible to return the deposit for an apartment if you, as a buyer, change your mind about concluding a deal? The answer depends on the reasons for which you refuse to purchase. After all, the buyer often changes his mind because he sees the seller’s dishonesty.

For example, you were ready to complete a transaction, but you found out that a few months ago the owner listed a person on the MLS. If you were not warned about the nuance, then purchasing such an object is fraught: after the release of the former prisoner, he will be registered again at his old address.

To break the agreement, go to court and refer to Art. 451 of the Civil Code of the Russian Federation: it provides the opportunity to refuse if there is a significant change in circumstances. Mention the Law “On Protection of Consumer Rights”, since it requires timely provision of complete information to citizens.

There are also frequent cases when the deposit is transferred to third parties. After all, if the buyer contacts an agency or realtor, and they begin to cheat, you will most likely want to return the money. When the intermediary tries to keep part of the commission for himself, go to court and refer to Art. 1102 of the Civil Code of the Russian Federation. According to it, the actions of a realtor are considered illegal enrichment.

The law will also be on your side if the transaction is postponed due to problems with the main contract. This happens when bank funds are used for the acquisition: financial institutions delay approving the application.

For example, the transaction was supposed to take place on August 5, but the loan was issued to you only on August 15. You warned the seller about this circumstance and confirmed your desire to purchase the property. But the current owner did not want to wait and offered the property to another person, and then did not return the deposit. To get your money, go to court and refer to Art. 1102 Civil Code.

List of required documents

You need to take the collection of documents seriously so that you don’t have to resubmit them later. The general package of documents includes :

Application according to the established form for obtaining a tax deduction.
A copy of your passport.
Apartment purchase and sale agreement and a copy thereof.
A certificate from the employer about earnings for the past year in form 2-NDFL.
Documents confirming the right to property: a copy of the state certificate. registration of ownership or an act of transfer of an apartment, if it was purchased in a house under construction on the principle of shared participation.
A copy of the Taxpayer Identification Number.
Declaration of annual income for the previous year in form 3-NDFL.
A receipt proving that the seller received his money. Or other documents proving the fact of payment:

receipt;
withdrawal slip;
current account statement.

Details of the current account into which the applicant wants to receive his money.

If an apartment is purchased for a child, a birth certificate is required.

When purchasing with a mortgage, you need a loan document, which must be obtained from the bank. And evidence that the borrower is repaying the loan.

How to return an apartment to the bank if it was purchased with a mortgage

Buying real estate on credit is a risky undertaking, since you cannot accurately calculate your income ten years in advance. Therefore, citizens have a question about whether it is possible to return the mortgaged apartment to the bank . But the procedure will turn out to be complicated, since financial institutions are not interested in looking for new buyers for collateral for a long time.

First, read the agreement and see if it contains a clause prohibiting the borrower from unilateral termination. In such cases, you will have to request permission from the bank for the procedure. But this means that the financial organization will lose profit: do not be surprised that in the future it will defend its own interests.

If your application for termination of the mortgage agreement has been accepted, the financial institution itself will sell the property. But she won’t wait for years for offers and look for profitable buyers. The result? The proceeds may not cover the remaining debt, so you will be left without real estate and with an unpaid loan. If you do not repay it, the money will be recovered through the court.

The way out of a difficult situation will not be to terminate the contract with the bank, but to independently sell the property. The problem is that before that you will have to pay off the principal debt: if you refuse the mortgage due to the inability to pay, then you are unlikely to have the money. In some cases, it is also necessary to pay a percentage for early exit, which complicates the task. You will have to look for a buyer willing to give an advance payment, which reaches ½ of the market value. But under such conditions, the bank will remove the encumbrance, and you will not need to return the apartment to it and be left with debts.

But the price for the object will have to be set to a minimum, otherwise you will not find buyers. There is still a chance if the property is located in a good area where there are few other offers, or has an unusual layout. Otherwise, the market is oversaturated, and buyers can easily find an object without additional problems.

Reader question: is it possible to return the transferred money for the apartment?

Hello! Several years ago I decided to buy real estate, contacted a realtor and received a lucrative offer. The problem was that there wasn’t enough money, so I had to take out a mortgage. As a result, I received a secondary loan in 2020 and made monthly payments regularly. But due to circumstances, I cannot pay off the balance of the debt, so I want to give up the collateral with minimal losses and return most of the money already paid.

You will not be able to get your money back because you were simply fulfilling your obligations to the bank. All that remains is to look for a buyer for the home who will agree to repay the debt. But it is more profitable for you to go to the bank and ask for refinancing in order to reduce your monthly payment by extending the term. There is little point in selling real estate, since you risk remaining in the red: prices have fallen since 2020.

As for funds already paid, to return the money for the mortgage . When you rent something, you transfer funds for use; in your case, the bank provided you with a loan, for which you pay interest. You will not be paid for “rental money” in previous periods.

How to get property back after selling it: instructions for the former owner

It happens that after concluding a transaction, the seller wonders whether it is possible to return the shares in the apartment or the entire property. It will be possible to cancel the contract if new circumstances provided for by law are revealed:

not all owners gave consent to the sale;
the transaction was fraudulent (for example, it was carried out using forged documents);
the former owner turned out to be incompetent;
the owner of the property signed documents while under the influence of alcohol or drugs;
the object was inherited, but the new owners did not wait 6 months. — the period specified by law;
the buyers deliberately misled the seller.

The reason will also be a significant violation of the contract by one of the parties: for example, the buyer did not transfer money for the property. Under such circumstances, you will return the object even if the new owner has registered the transfer of ownership.

How to get a sold apartment back

First of all, try to come to an agreement between the parties by recording it in writing. If it was not possible to reach an understanding, then return the sold apartment through the court:

Submit a statement indicating that you want to terminate the purchase and sale agreement. You can download the document form from the link; Having filled it out, send the buyer a registered letter with acknowledgment of delivery. If there is no response within 30 days, file a lawsuit.
If a transaction is declared invalid, the statute of limitations will be 1 year; You are given 3 years to terminate the contract. To determine which option is best for your case, consult with an attorney. After all, to declare a transaction invalid, it must be contrary to the law. If no violations are found, then insist on terminating the contract: it is allowed when the fulfillment of obligations on the part of the buyer turned out to be dishonest (for example, he did not transfer the money).
File a claim with the district court at the location of the disputed object, describing the situation in detail. Please note that only existing contracts are subject to termination: this means that the conditions specified in the text must not yet be fulfilled. If the other party gave the money, then it will not be possible to cancel the transaction. The exception will be cases when they paid you with counterfeit bills or otherwise misled you.
In addition to the statement of claim, you will also need documents related to the case: a purchase and sale agreement and certificates on the basis of which you are asking to return the apartment to you . You also need a paper confirming the sending of the request to terminate the transaction pre-trial, as well as a receipt for payment of the state duty (calculated depending on the cost of the claim).

It is important that for a person who was not a party to the transaction, the statute of limitations is 10 years. For example, if a parent sold property in violation of your rights, then you will file a claim within the specified period.

What to do in the next steps to return the apartment

After you file a claim for the return of the apartment , the judge reviews it and decides within 5 days whether to open proceedings. If the answer is yes, he will set a date for a preliminary hearing, of which you will be notified by summons. During the hearing, the judge will examine the evidence and, if necessary, advise what other papers to attach to the case; You can also submit petitions.

At the main trial, a decision is made on the issue: if it is in your favor, then the parties are obliged to return to each other everything that they received during the transaction. When you are dissatisfied with the result, file an appeal: it will be accepted within a month in the court of the next instance.

If the outcome of the case is positive, you will receive an act of return of property , on the basis of which you will re-register the property.

Frequently asked questions: what you need to know to return an apartment

Citizens who decide to get real estate back often ask the following questions:

Will an adult be able to get his property, which his guardians sold illegally 20 years ago? You will have to contact a lawyer who will familiarize yourself with the legislation that was in force decades ago. But there is practically no chance, since the deadlines have already expired and the codes have changed radically.
What if the property was sold while the person was in prison? In such cases, write a statement to the police, since the actions fall under Art. 159 of the Criminal Code of the Russian Federation. Fraud on an especially large scale was committed against you, which resulted in the deprivation of your rights to the apartment. When the lawbreaker is convicted, you will receive the property at your disposal.
Is it possible to return the apartment if the seller is incapacitated? Cases where an incapacitated citizen sold real estate are not uncommon. As a result, the guardian files a lawsuit to declare the transaction void - it is considered invalid not by a court decision, but because it is initially illegal. But it will be possible to challenge the sale when the person was incapacitated at the time of its commission. If the guardian already has confirmation of this fact, the result is guaranteed; otherwise, you will have to prove your position with medical certificates issued shortly before or immediately after the transaction.

How likely is it to get the property back after the sale ? The answer depends on the specifics of the situation, because the law does not provide for the cancellation of a transaction because you have found a more profitable buyer. But if the procedure was performed by an incompetent or minor person without the consent of the guardianship authorities, then the original owner will be restored to rights.

Reasons for return

It is not always possible to return an apartment after purchase: the buyer must have very good reasons for this. For example, it will not be possible to terminate the contract because the new owner “changed his mind” about making this purchase, or he did not like the view from the window.

The grounds for termination of a purchase and sale agreement are contained in the Civil Code.

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According to Art. 450, 451, 475 of the Civil Code of the Russian Federation, the transaction can be terminated:

In case of a significant violation of the terms of the contract by one of the parties.
If there are significant defects in the property.
If there is a significant change in the circumstances under which the parties entered into the contract.

An apartment with defects discovered by the buyer can always be returned. In this case, such shortcomings are understood as:

Non-compliance of the apartment with standards (SNiPs and SanPINs).
Non-compliance of real estate with contractual conditions.
Inconsistency of the property with the purpose of purchase (here we mean the impossibility of living in it).

The following may be violations of contractual terms:

The seller refused to deregister within the established time frame (in other words, to deregister).
The seller did not receive payment under the contract within the established time frame after the transfer of ownership.

Examples of “changed circumstances” could be the appearance of another heir to an apartment or a person who was illegally excluded from privatization.

According to Part 2 of Art. 269 of the Civil Code, the seller is obliged to transfer to the buyer an apartment suitable for the purposes for which it is usually used. Disadvantages of real estate may include:

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crooked walls and cracks;
differences in ceiling height and floor level;
non-functional ventilation;
that does not comply with the design documentation ;
increased humidity in the room;
utility meters
windows and doors not working properly;
lack of lighting;
damage to electrical wires;
low voltage in the network;
leakage of sewerage and water supply;
heating not working;
poorly fixed plumbing;
illegal redevelopment for the secondary market.

All deficiencies found in the apartment can be divided into significant and insignificant.

If the defect is insignificant, then the buyer has the right to demand compensation for the costs of eliminating defects or free of charge elimination . But the presence of a significant defect may become grounds for terminating the sales contract and returning all the money paid for the apartment.

A significant defect is understood as one that either cannot be eliminated at all, or its elimination will require disproportionate expenses exceeding the cost of the apartment or close to it, and also if it appears again after elimination.

What shortcomings can be considered significant is an individual question. In particular, in judicial practice, defects in internal wiring that arose before the transfer of the apartment to the buyer and subsequently became the cause of a fire were recognized as such; improperly covered roof on the top floor; inability to connect to electricity and water supply. But deficiencies in the finishing work are unlikely to become significant and prevent living in the apartment (but they may become a reason for reducing the contract price).

It is worth noting that, in addition to the apartment purchase and sale agreement, the parties sign a real estate acceptance certificate .

In it, the buyer must write a phrase stating that he is satisfied with the condition of the apartment during the inspection and has no complaints.

In theory, this should serve as evidence for the seller in court that the buyer agreed to accept the apartment with all the defects. But not everything is so simple here. For example, if the buyer made a claim due to the lack of water meters, then the seller is clearly right here, since the other party could see the absence of meters during the initial inspection. But if we are talking about the lack of heating when the apartment was accepted in the summer, then the truth is on the buyer’s side.

When can you guarantee that the apartment will be returned to the seller?

The chances of getting the apartment back after the sale increase in the following cases:

If a person was legally competent when concluding a transaction, but did not understand his actions and could not manage them, then the procedure performed will be cancelled. In such cases, the claim is filed by the citizen himself or other people, provided that their rights have been violated.
Signing an agreement under pressure or as a result of threats will be grounds for cancellation of the transaction.
The reason for returning the property to the original owner will also be fraud or misrepresentation.

In practice, proving that a person did not understand his actions turns out to be problematic. An example is a story where a citizen who recently inherited real estate from relatives sold it for a symbolic amount. The buyer was the uncle of his friend, with whom the gullible young man often took psychotropic drugs. Later the seller came to his senses and wanted to cancel the contract; it was necessary to conduct an examination and prove that at the moment of concluding the transaction he did not understand his actions.

Another example is the story that happened to an elderly woman who lived in the Moscow region. She turned to a real estate company to sell an apartment and buy 1 room in the capital. But as a result of deception, she remained in the Moscow region in much worse housing, and received a minimum of money. The woman used the funds to hire a lawyer: with his help, the dishonest realtor went to prison under Art. 159 of the Criminal Code, and the 3-room apartment in the Moscow region was returned to the owner.

Income tax refund for building a house

The return of income tax during the construction of a house is called a tax deduction in regulations. The rules for such deduction are established in Art. 220 of the Tax Code of the Russian Federation. Its size is equal to the funds spent by the taxpayer, but cannot be more than 2 million rubles.

• certificates of work performed by construction companies (for the construction or completion of a house, connecting water, gas, electricity, sewerage, drawing up architectural and construction documentation, for example, a project or estimate).

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Is it possible to return a donated apartment?

When it comes to donating real estate, both the new and the old owner can express a desire to return it. The actions in such cases will be different, and the procedure will be more complicated if the original owner wants to restore the lost right.

Is it possible to return an apartment if you gave it as a gift?

An example of how a gift of real estate must be approached responsibly is the following case: an elderly woman’s son, who had lived in the capital for a long time, came to visit her. She was delighted, registered him in the apartment and even gave him a share. But a few months later she received a notice offering priority redemption. It turned out that the son decided to sell the received share: the woman needed to pay for what she herself had given. She tried to challenge the agreement in court, but there were no grounds. As a result, the judge, who sincerely sympathized with the plaintiff, was forced to make a decision according to the law: after a short period of time, the son sold the share to the raiders.

What does this mean? If you want to return your donated apartment , then carefully weigh the decision. To cancel the transfer of ownership, you need compelling reasons: for example, you stipulated compliance with certain conditions and recorded the agreement in writing, but it is not fulfilled.

How to cancel a gift agreement and return real estate

Cancellation of a gift agreement is done through the court, and the grounds will be the following:

the document was concluded in violation of the law;
the donation “covers up” a purchase and sale transaction or other actions with real estate;
the text does not indicate essential conditions, i.e. the document was drawn up with errors (the subject or deadline was not specified).

An example of serious grounds for canceling a contract is the story of an elderly couple. They wanted to sell the property, but succumbed to the persuasion of scammers who claimed that donating the property was more profitable in terms of taxes. They promised to actually transfer the money, but later broke their word. The deal was canceled, but with great difficulty; A criminal case was initiated against the scammers.

It is important that the root cause of most proceedings under gift agreements remains credulity. Although this quality characterizes a person well, when concluding transactions one should be guided by logic and common sense.

What is needed to cancel a donation?

Is it possible to return the apartment you donated? You have the right to refuse to fulfill the contract under the following conditions:

After signing the document, the donor’s financial situation changed significantly; transfer of the object will lead to a decrease in his standard of living. This option is possible if you had another home, but you took money from the bank as collateral and did not repay the loan. As a result, the financial institution repossessed the apartment? You may not transfer the donated housing.
You drew up documents, but the recipient made an attempt on your life or harmed your family members. If the original owner of the property has died, then his heirs will go to court. In this case, the fact of attempt or infliction of grievous bodily harm must be established legally.

Even if these conditions are met, you cannot simply refuse to hand over the keys. You will need to file a claim with the court, which will make a decision to cancel the donation.

The task of regaining ownership will become more difficult if the new owner has managed to re-register it. But cancellation is possible in the following cases:

the recipient made an attempt on your life and health;
he treats the property carelessly, creating the threat of its loss (starts constant fires);
the donor survived the recipient;
the property was transferred by a legal entity or individual entrepreneur in violation of the bankruptcy procedure.

In any case, the cancellation of the donation is carried out through the court, so file a claim at the location of the disputed real estate.

Reader question: will it be possible to return the property?

Hello! 8 months My son died ago. I was in a bad state and was vaguely aware of my actions. While I was at a loss, my son’s godmother offered to erect a monument on his grave and support me until death, and in return asked me to write a deed of gift for my apartment. I agreed, but as a result I did not see any help. Now the son’s godmother has the documents for the property, I don’t know what to do.

Thanks for the question! Contact a competent lawyer to terminate the contract in court. The main feature of a gift is its gratuitousness: when a counter-provision is assumed, we are talking about a sham transaction. This means that you will return the apartment through the court if you prove your allegations.

The problem is that it will be difficult to confirm the words with papers. The son’s godmother will state that she erected the monument on her own initiative, and you did not document the need for lifelong maintenance. She will probably claim that you made the transaction without coercion, and the court will have no reason not to believe it.

Another option is that you can argue that when signing the document you were not yourself because of the death of your son and did not realize the consequences of your actions (Article 177 of the Civil Code). Any judge will be interested in the circumstances under which the property was transferred. True, the difficulty lies in the fact that the donation was made in the presence of a notary. But he didn’t just check your identity, but made sure that you understand the meaning of your actions. As a result, it will be difficult to restore ownership: contact a lawyer who will evaluate the painting.

When can you return a donated apartment: recognition of the transaction as void

It will be possible to get the apartment back if the deal is declared void. This means that it is contrary to the law or poses a threat to public order or morals. The following transactions are considered void:

imaginary giving that masks other actions;
transfer of ownership by an incapacitated person;
a transaction made with an object on which an encumbrance has been imposed.

There is also the concept of contestability of a gift - it is related to the invalidity of the transaction, but is not similar in manifestations. Transfer of ownership is classified in the following cases:

The procedure was carried out without the consent of the person who was supposed to provide it. For example, when a husband has donated real estate without the consent of his wife, the latter has the right to demand that the court invalidate the procedure and return the apartment to her .
The property was given as a gift to minors aged 14-18 years without the permission of a legal representative. An exception will be the case when a person under 18 years of age has received full legal capacity.
The donor is a person of limited legal capacity, and his guardian did not give permission to transfer the real estate.

If the gift agreement is declared invalid, the person must return the apartment or pay money if it was sold.

Reader question: will it be possible to terminate the gift agreement after 9 years?

Hello! The situation is as follows: the father gave his daughter ½ share in the apartment, but after 9 years, when the girl grew up, they began to have conflicts. The father believes that she is not living correctly and threatens to take away the property if her daughter does not come to her senses. Is it possible to return shares in an apartment after 9 years?

As for the statute of limitations, the deed of gift can be canceled no later than after 1 year. But even if time had not been lost, the father would not have been able to get the living space back.

Legislators have established a clear list of cases when a deal is allowed to be cancelled. If the daughter did not make an attempt on her father’s life and did not handle the donated real estate, creating the threat of irretrievable loss, then there is no reason to worry. But for a final answer, it is necessary to read the gift agreement: it may stipulate the possibility of cancellation and stipulate the conditions for its occurrence.

You can find out more about whether you will be able to return the donated apartment from the video:

Who is entitled to a tax deduction?

Residents of the Russian Federation who stay in the country for more than 183 days a year and pay taxes.
Working pensioners if their income exceeds the minimum wage.

Pensioners who no longer work can also receive a deduction if they retired recently, but before that they worked and paid taxes regularly. In this case, the payment amount is calculated from income for 3 years before purchasing the apartment. Read about whether a pensioner or unemployed citizen can receive a deduction here.

Foreign citizens who are residents of the Russian Federation and pay income tax.

What conditions must be met?

Before you start collecting papers, you need to understand whether a particular case falls under the requirements for obtaining a tax deduction when buying and selling an apartment. The following categories cannot receive a tax deduction :

Non-residents of the Russian Federation.
Legal entities.
Individual entrepreneurs who use the simplified tax system. About in what cases and how an individual entrepreneur can return a tax deduction from the purchase of an apartment is discussed here.
According to Article 105.1 of the Tax Code of the Russian Federation, the deduction cannot be received by persons who are related to each other by family ties, i.e. if the transaction was made with an interdependent person (this is one of the spouses, parents, children, brothers and sisters, as well as guardians and wards).
Persons who have already received their deduction (if the apartment was purchased before January 1, 2014) or have exhausted their limit (if they bought housing after January 1, 2014).
Persons who work unofficially and do not pay income tax.
Citizens who purchased housing using employer funds.
Persons who bought an apartment with the help of maternity capital or using other government programs.

Is it possible to return personal income tax when purchasing housing for a second time?

So, how many times can you use the benefit? If you purchased a home before 2014, you can apply for the deduction once . If housing was purchased after January 1, 2014, you can claim the deduction as many times as you like until the limit of 260,000 rubles is spent.

Example. If 1,700,000 rubles were paid for housing, then 221,000 rubles are due as a deduction. The limit of 260,000 rubles has not been exhausted. And the remaining 39,000 rubles can be claimed when purchasing a second apartment.

How long does it take to submit documents?

There is no limitation period for filing documents for tax deductions . So, if the property was purchased several years ago, but the buyer only applied for a refund now, then he retains the right to deduct. But the declaration is submitted only for the last 3 years.

Example. The apartment was purchased five years ago. The buyer submits documents for a tax deduction. He has the right to do this, but the taxes paid will only be returned from the last three years.

Is it possible to return a donated apartment to the donor?

In some cases, new owners ask whether the donated apartment can be returned to its donor . The reasons are as follows:

the recipient does not want to spoil relations with the relatives of the former owner;
the premises have been taken out on a mortgage and the loan has not been repaid (if you accept the gift, you will have to pay off the balance of the debt);
the property needs expensive repairs;
it is located in a remote area or settlement;
The gift agreement stipulates conditions that are unfavorable for the recipient.

If a person does not want to accept ownership right away, then a verbal refusal is sufficient. But it happens that he is going to transfer the property back after re-registration in Rosreestr. The easiest way is to sign a new deed of gift so that the object goes to the original owner. If he refuses to accept it, you will have to go to court with arguments confirming your position.

To get a decision in your favor, insist that the donor misled you or had nefarious intentions. If he proves that you were informed about all the nuances and consciously accepted the property, then the court will leave the transaction valid.

Real estate fraud, after which it will be difficult for you to return your apartment

There are common cases when citizens go to court because they have become victims of fraud. The most famous fraud is the use of someone else’s documents, because current technologies make it possible to produce perfect fakes. A passport, power of attorney or documents for the premises being sold may be forged.

The scheme with the “random” signing of a gift agreement is also common. For example, a resident of Moscow opened the door to “representatives of a telecommunications company.” They asked to extend the contract for signing services, and attached a document of donation as 1 copy. The trusting woman did not read all the papers, but simply signed - and the next day she was asked to vacate her home.

The scheme with relatives is also known: you look for an option in a good area, start negotiations with the seller and make a deal. But it turns out that the former owner did not obtain the consent of his wife, so the purchase and sale agreement turns out to be illegal, and the money is wasted. The court orders payments to the unfortunate seller, and it turns out that he has only a minimum income. As a result, you will be paying back your money for years.

Even developers engage in fraud: primary buyers risk not receiving it on time. And the main thing is that companies sell 1 premises to several people! To avoid being scammed, check information about the developer in advance.

Nuances in individual cases

Where was the property purchased ? In a new building or on the secondary market - does not affect the possibility of obtaining a tax deduction. Only the documents required to be presented will differ.
Buying a home with cash . In this case, you must provide a receipt from the seller stating that the funds have been received.
Installment deal . You can submit documents for tax deduction several times in accordance with installment payments.
Deal with relatives . In this case, the right to deduction is canceled.
Buying an apartment under the DDU . The right to deduction can be used after signing the housing acceptance certificate. The deduction is calculated based on the actual expenses of each payer. If the property was purchased before January 1, 2014, the amount of the deduction is distributed among the participants in accordance with their shares.
Buying an apartment in a house that is under construction . The deduction can be claimed after signing the transfer deed.
Buying an apartment in joint ownership . Spouses purchasing property in joint ownership can distribute the deduction among themselves. In this case, you need to submit a copy of the marriage certificate and an agreement between the spouses on the distribution of payments.
Buying a share of an apartment . The tax base will be the actual costs incurred by the buyer.
Buying an apartment while on maternity leave . How to get a tax deduction if you are on maternity leave (maternity leave)? This will be possible upon returning to work or from other income subject to personal income tax.
Purchase of an apartment by one of the spouses . Is it possible to issue a refund to someone else? The second spouse has the right to a deduction regardless of who owns the property. If the purchase amount is more than 2 million, it is advisable to divide the deduction between both spouses.
Buying an apartment for a child . You can get a deduction when buying an apartment for a child. For minors, their legal representatives receive payments. A minor can receive a deduction upon reaching the age of majority.