“Bona fide purchasers of ‘problematic’ housing will be able to receive compensation” — Alsu Mukhametdinova’s comment for the Legal Information Agency
Law-abiding owners who have lost their homes will be able to receive commensurate compensation. Such rights are guaranteed by the new law. They will be able to use including the victims of apartment scams of the past.
The Сivil code of the Russian Federation recognizes bona fide purchasers as owners who did not know and do not even assume the illegality of the purchase and sale transaction. Despite this, they can withdraw the disputed property, offering actually victims themselves to look for the seller (most often a fraudster) and demand compensation from him for the damage caused.
Alsu Mukhametdinova, lawyer of the law office "Prime Advice":
The adopted law is aimed at protecting the rights of bona fide purchasers of residential premises. In this case, we are talking about citizens who, not being aware of the "problem" of the property seized from them later, bought or purchased an apartment, a room or a house for free from a person who had no right to alienate it. The right to receive lump-sum compensation at the expense of the treasury of the Russian Federation arises in cases where there is an unfulfilled court decision to recover losses from a person through whose fault the bona fide purchaser lost his housing.
Compensation is not paid automatically, for its receipt it is necessary to apply to the court with another claim, but to the Russian Federation. At the same time, it does not matter in whose favor the dwelling was claimed – the state or other persons.
In case of loss by the conscientious acquirer of premises through the fault of Rosreestr the caused losses are compensated in full at the expense of the state treasury according to the judicial decision. The injured person has the right to file a claim, the defendant in which will be the Russian Federation. The basis for the award of damages is the fact of improper performance by the registration authority of its powers.