New stories appear every week: an elderly seller transfers a property, receives the money — then three to five years later goes to court claiming they didn’t understand what they were signing. Courts often side with the seller. The buyer loses the apartment, and recovering money from a pensioner’s income is virtually impossible.
This pattern has an unofficial name: “babushking” (from babushka, “grandmother”).
Not every case is fraudulent. Some elderly sellers genuinely were deceived by scammers who manipulated them into selling. But the scheme is also used deliberately. In either case, the good-faith buyer bears the loss.
What would I do if I were buying resale property in Russia today? Here are four tools I would use.
1. Additional Clauses in the Sale Agreement
A standard purchase agreement records the fact of the transaction — but says nothing about the seller’s state of mind when signing. That gap creates vulnerability.
I recommend adding a section where the seller formally confirms:
- they are entering the agreement with genuine intent to receive payment for the property;
- no one has suggested they transfer the proceeds to a “safe account,” help “expose criminals,” or “assist the Central Bank”;
- they understand that after the sale they lose all rights to the property;
- before the transaction, no third parties contacted them about attempts to steal their savings or take out a loan in their name.
These clauses are not an absolute shield — if a court finds otherwise, they carry limited weight. But they create a written record that strengthens your good-faith position and makes it harder for the seller to later claim they acted under duress or deception.
2. Notarized Form of Transaction
Most Russian real estate transactions are completed in simple written form — a notary is not required by law. I still recommend involving one, even when the law does not demand it. The extra cost buys real protection.
What notarization provides:
Capacity check. A notary is legally required to verify that both parties understand what is happening and are acting voluntarily. If the seller appears disoriented, gives incoherent answers, or clearly does not understand what they are signing, the notary will refuse to certify the transaction.
Access to closed registries. Notaries can check records not available in the public EGRN: inheritance cases, powers of attorney, spousal consents. They verify the transaction’s legal history with full professional access and carry personal insured liability for their conclusions.
Safe payment settlement. Money can be held in a notarial deposit: the seller receives funds only after ownership transfer is registered with Rosreestr. This protects both parties from the risks of cash settlement.
Notary as a courtroom witness. If the transaction is challenged, the notary can testify about the circumstances under which it was executed — as an independent professional with formal status.
3. Title Insurance
Title insurance protects not the physical apartment but your right of ownership over it. If a court voids the transaction, the insurer pays compensation.
Covered events typically include:
- the transaction is challenged due to the seller’s legal incapacity;
- rights of heirs or minor co-owners were violated;
- a prior transfer in the ownership chain is declared unlawful, automatically invalidating subsequent transactions.
Important distinction: title insurance covers loss of legal title, not physical damage. Fire or flood is covered by a property insurance policy. A court stripping your ownership right is covered by title insurance.
Cost and duration. A policy typically costs 0.1–0.5% of the property value per year. Coverage terms range from one to ten years. A complex ownership history — inheritance, multiple prior sales — increases the premium.
Payouts are generally equal to the property’s market value or the actual purchase price, depending on policy terms.
4. Capacity Certificates and On-Site Medical Assessment
Certificates from a narcological dispensary (ND) and a psycho-neurological dispensary (PND) confirm that the seller is not registered as a patient at either facility. Requesting them at the negotiation stage is a reasonable minimum.
But their limitations matter.
What certificates do not prove. No registration ≠ legal capacity. In court proceedings these documents carry minimal weight — the decisive evidence is a forensic psychiatric expert opinion ordered by the court itself. Dispensary certificates are not a substitute for that expert opinion.
Can you require the seller to provide them? No. Providing certificates is entirely voluntary. If the seller has nothing to conceal, obtaining them presents no difficulty. A flat refusal without explanation is a strong signal to reconsider the deal.
On-site medical assessment. A more reliable option is to bring a forensic psychiatric expert to the signing. The expert examines the seller immediately before the contract is signed and issues a formal written conclusion about their state at the time of the transaction. Cost: from 15,000 rubles. If the assessment is primarily in the buyer’s interest, the buyer may cover the cost.
The Bottom Line
None of these four tools provides an absolute guarantee — courts evaluate each case on its full factual record. But each step strengthens your position and reduces the risk of losing both the apartment and the money paid for it.
Used together, they represent reasonable, proportionate due diligence for one of the largest financial decisions a person makes.
Read Also
- Hidden Risks in Resale Property: When Past Deals Come Back to Haunt You
- Good-Faith Buyer: The Dolina-Lurye Case and What It Changed
- New Safety Mechanisms for Real Estate Transactions in 2026
Planning to buy resale property in Russia? Legal support before the transaction is significantly less expensive than challenging its outcome in court. Contact us for a consultation — we will assess the risks of a specific property.