Realtor vs Lawyer: Who Actually Owns Your New Property

There is a dangerous misconception in the Russian real estate market: “I’m paying agency commission, so the deal is protected.” The gap between finding a property and conducting a legal audit is a gap worth several million roubles.

Different goals: closing the deal vs. securing ownership

A realtor’s job is to close the deal. Their fee is a percentage of the sale price, paid on signing day. Economically and psychologically, an agent is wired for optimism — they highlight the property’s strengths and smooth over rough edges so the deal doesn’t fall apart.

A lawyer’s job is to secure your ownership rights. A lawyer is indifferent to whether you buy this particular property or not. Their job is to find the reason why you shouldn’t.

This is not a criticism of realtors — they do their job professionally. But these are different professions with opposite incentives.

Seven checks your agent leaves to chance

1. Hidden lifetime residents

An EGRNP extract shows current registered owners. A lawyer looks for people who waived participation in the privatisation process. By law, they retain a lifetime right of residence — no court can evict them. You may be buying an apartment with a permanent resident included.

2. Seller insolvency

If the seller declares bankruptcy within three years of the transaction, creditors can challenge your purchase. The apartment will be taken back, and recovering your money will be extremely difficult. Agents rarely check the seller’s debt load.

3. Maternity capital

If maternity capital was used at any point in the ownership chain and children were never allocated their shares, the transaction is unlawful. Those children will grow up, learn about the violation, and come to claim their share — from you.

4. Hidden heirs

A lawyer searches for those who were “forgotten”: illegitimate children, disabled dependants. They can assert their rights years after your purchase.

5. Unauthorised alterations

An agent sees a “studio with an open plan.” A lawyer looks at the technical passport and sees a load-bearing wall that was demolished. The consequence: fines and a legal obligation to restore everything at your own expense.

6. The undervalued contract

Agents sometimes suggest understating the contract price to reduce the seller’s tax bill. A lawyer will explain: in any dispute, the court will return only the amount in the contract. The difference is gone forever.

7. Capital repair debt

Utility debts for electricity and water do not transfer to a new owner. Capital repair debts do. A lawyer checks this before you sign.

In-house lawyer vs independent professional

Many agencies say: “We have our own legal team — it’s all included.” That sounds convenient, but there is a structural problem.

An in-house lawyer is paid by the agency. If they kill a questionable deal, the agents lose their commission. Finding problems is not in their interest.

An independent lawyer works exclusively for you. Their reputation is built precisely on identifying risks and preventing losses.

The numbers

Buyers pay hundreds of thousands of roubles in agency commission for finding a listing, then cut corners on the legal audit — while investing millions in the transaction. Losing an apartment over a missed risk is a financial disaster. It was cheaper to prevent it.

A realtor will find you walls. A lawyer will make sure those walls stay yours.

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Buying on the secondary market in Russia? An independent legal audit identifies risks before you sign.

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