Buying an apartment - what you must know about the seller.

At first glance, everything seems simple: you found an apartment, checked the documents, signed the contract, paid - and became a happy homeowner. However, even such a sequence does not guarantee peace of mind. Due to wartime conditions, gaps in legislation, imperfect digitization, and the activity of fraudsters, purchasing an apartment may end in the loss of both money and rights.

Documents are in order, but it's not that simple

In 2025, the real estate registry is functioning, but not perfectly. Not all changes are registered immediately, and some archival documents have disappeared or been damaged during hostilities. This creates loopholes for fraud: real estate is sold with counterfeit or outdated papers.

To reduce risks, it is advisable to:

• check the full ownership history of the apartment;
• pay attention to the number of changes in owners in a short period;
• ensure that the documents do not contain corrections or signs of tampering;
• order an independent legal review from a real estate expert.

Inherited, under arrest, or in court

Increased caution is needed in cases where the apartment was inherited recently. If the period for disputing has not yet expired since the inheritance occurred, any transaction may be questioned. The same applies to apartments that are under arrest or are the subject of judicial proceedings.

Additionally, it is worth:

• checking the apartment in the State Register of Encumbrances;
• finding information about the owner or the apartment itself in the court register;
• asking clarifying questions to the seller;
• avoiding apartments for which an inheritance case has been opened less than six months ago.

Seller without proper rights

• Sometimes the apartment formally belongs to the seller, but legally they do not have the authority to conclude the transaction independently.
• This can be: joint ownership without the written consent of all co-owners; a residence registered in the name of a child or an incompetent person; an object that has additional encumbrances (guardianship, pledge, etc.).
• Before signing the contract, it is necessary to check: documents confirming the seller's authority; a certificate of the composition of registered residents in the apartment; the presence of permits from guardianship authorities; whether the apartment has been transferred for management, rental, or trust ownership.

Registered residents - a future threat

An apartment can be legally sold but may still remain 'occupied' by people who have the right to reside. This is especially risky when it comes to:

• children under 18;
• elderly people without any other housing;
• individuals who are abroad or in the Armed Forces;
• registered residents without a specified term.

In the sale agreement, it is advisable to clearly state that the seller undertakes to evict all persons before the transfer of rights, and the buyer has the right to cancel the agreement if this is not fulfilled.

Primary market - risks have not disappeared

After several years of war, the new construction market remains vulnerable. Developers who have lost funding or faced logistical problems do not always complete the projects on Time - or completely disappear from the market.

Before investing, make sure that the object has all the permits, the developer has a positive history of completed projects, purchase documents are not made through a 'preliminary agreement', but with the involvement of a notary, and the funds are directed through a financial construction bank or a special account with controlled cash flow.

Resales and the risk of forged powers of attorney

One of the dangerous scenarios is the sale of housing through a power of attorney. Even a notarized power of attorney can be revoked or forged. In such cases, the true owner may subsequently challenge the transaction.

To minimize risks, check the date and scope of powers in the power of attorney, clarify whether it is valid on the day of signing the transaction, ensure it is registered in the notary deeds register, and if possible - insist on the owner's personal presence.

How to protect yourself in 2025

1. Do not save on a lawyer. Having a professional review the contract is your protection.
2. Use official services. Order extracts online, check cadastral maps, court registers, and information about the developer.
3. Insist on notarial registration. All purchase-sale agreements must be certified by a notary.
4. Avoid transactions involving realtors or representatives without notarized powers.
5. Don’t rush. Quick decisions in real estate are a direct path to mistakes.

What else Ukrainians should know

Our notions of registration have been formed over decades, dating back to Soviet times when it was impossible to find a job or move to another city without it. Today, residence registration is mostly a formality, but it still determines access to many basic rights and generates many myths, especially regarding housing issues.

Apartment prices in Ukraine are an important indicator of the country's stability, and despite the war, the real estate market is adapting to new realities and is dependent on the security situation. However, for those looking for affordable housing, there are still cities with relatively low prices.