Prices on the real estate market, despite the help of the state and the proposals of the banking sector, remain inaccessible to many citizens. However, not everyone can come to terms with this situation, especially if it is not about comfortable living in a separate apartment, but about choosing between a street and hostels. At the same time, there is a considerable part of the elderly who lack something completely different - basic help with housework, attention and care. Both problems can be solved by caring for elderly people with the right to inherit housing in accordance with the contract. Such offers are increasingly found in real estate advertisements, both on the part of job seekers and elderly people who need support and attention.
Life annuity contract
Assistance in exchange for housing - such a scheme for the transfer of real estate bears the features of a life annuity contract. It is in this format that agreements are concluded between persons interested in obtaining real estate and the elderly, who count on assistance in maintenance. In such cases, the annuity contract governs the conditions under which elderly people with the right to inherit housing are provided, as well as the parameters for transferring the property. The content in such agreements, rather, involves financial payments - that is, rent. The payer must regularly pay an amount not less than the cost of living. As a rule, payments are made every month.
After the death of the recipient of the annuity, the property, which in this case is the subject of the contract, becomes the property of the payer. Again, not always caring for the elderly for an apartment is the only and basic requirement for a person who plans to enter into the rights of an heir. Most often, risks and disputes arise due to violations of financial obligations.
Features of a lifelong maintenance contract
In addition to life annuity, there is another contract format that is closer to those who plan to care for their grandmother or pensioner for housing. In this case, it is provided for the care and care of an elderly person. That is, it is not mandatory to pay rent, but, for example, going for groceries, buying clothes, cooking, helping with treatment and housework. These are the basic conditions under which life support for an apartment of a grandmother or an old man is realized. The list of requirements may change - for example, it often includes paying utility bills, performing regular cleaning, etc.
Parties to the contract
Although most often one person is the recipient of the annuity, several people may represent this side. And it is not at all necessary that they will live in an apartment. It is important that the property will be transferred to the payer only after the death of all interest holders. At the same time, rent recipients can be represented exclusively by individuals. In turn, a person caring for an elderly person for an apartment may be physical or legal. If the owner of the real estate, that is, the recipient of the annuity, has died by the time of the conclusion of the contract, then the document will be considered invalid. This is one of the tricks used by scammers using a life annuity contract.
How is a contract made?
Transactions of this type are very individual, so there are no general rules for compiling a document. And yet, for some points, lawyers advise paying special attention. The most important thing is the conditions under which care for the elderly by the future heir will be provided. That is, you should carefully consider all the needs and formulate them in a document. As already noted, this may be the supply of products, the purchase of medicines, assistance with household chores, etc. Also, do not limit yourself to current needs - it may be necessary to repair or install new equipment in the future. All this should be indicated in the contract, as well as the size of utility bills.
Further, the property owner must collect all documents for housing, among which it is necessary to provide a certificate of cadastral value, the number of residents and a registration certificate. So that people who plan to care for the elderly for an apartment, can not challenge the contract in the future, it will not be superfluous to undergo examination by a psychiatrist to obtain a certificate. With this set of documents you can go to a notary public and draw up an agreement.
The burden of the apartment
After completion of the transaction, the heir is issued with documents of ownership. But it should be borne in mind that full ownership of property will begin only after the death of the current owner. This means that during the rental period the payer must comply with the terms of the contract in the form of assistance to the old man, and the apartment receives an encumbrance. When care for a pensioner in exchange for an apartment is terminated due to the death of the owner, the burden is also removed. For a new property owner, this means that he can dispose of housing at his discretion without legal restrictions. But, again, there can be several recipients of rents, so the death of one of them does not imply the lifting of the burden.
How can a contract be terminated?
In the usual manner, such agreements are terminated by mutual agreement or through a court. There are not many reasons for termination - this is either a failure to fulfill the terms of the contract, or recognition of the homeowner as incompetent. By the way, for this reason, lawyers recommend that old people undergo a physical examination with a certificate from a psychiatrist. This is necessary so that fraudsters do not have the opportunity to present the contract as invalid. Often, caring for the elderly for an apartment is carried out with obvious violations. Moreover, termination unilaterally is not possible in every case. The law does not clearly define what violations must be in order for the owner to terminate it. As practice shows, the judiciary meets the elderly in cases where payers do not make monthly payments, make them with long delays or do not fulfill other clauses of the contract. In the event of termination of the contract, the heir is deprived of the right of ownership, and all costs that he incurred under the contract are not compensated.
Benefits for Senior Citizens
Transferring a real estate object to a stranger and living with him in his house would seem to be a desperate step for any person, and especially for a weak pensioner. Nevertheless, there are many useful things in such schemes. Of course, first of all, this is maintaining order, help with the housework, as well as getting rid of financial difficulties. Therefore, caring for the elderly for an apartment today is so popular in Europe and spreading in Russia. It saves an elderly person from a lot of troubles and makes it possible to live worthily in recent years, if there were no close people nearby. Another thing is that it all depends on the individual. There are many offers from honest and responsible young couples who want to help the elderly in exchange for housing, but there are scammers who plan to get someone else's property in a short time.
Risks for Senior Citizens
In most cases, the suspicious actions of people wishing to enter into an inheritance are revealed in the first stages. Lack of regular payments, improper performance of other duties and simply rough treatment - all this to one degree or another may become a reason for termination of the contract. But there are higher risks that a stranger may take care of her grandmother for an apartment. There have been cases when scammers attempted to make life on pensioners in order to make quick money. Fortunately, law enforcement agencies took appropriate measures in a timely manner, so tragedy was avoided. There are also more familiar situations when new heirs evict grandparents from their own apartments to nursing homes. But if such actions are not provided for in the contract, the future owners do not have any rights to forcibly evict the owner.
Risks for the annuity payer
Oddly enough, rent payers also entail no less risks. First of all, you should calculate your financial capabilities. Delays in the payment of rents occur not only because of malicious intent, but also because of the lack of such opportunities. This is not necessarily related to the payment of rent - the cost of drugs, the purchase of products and just providing assistance with the loss of time often turns into cash costs. Nevertheless, caring for an apartment often includes paying rent with utility bills. There are cases when old people themselves refuse such help, after which they rush to court to terminate the contract. It is worth remembering that if such a claim is satisfied, all previous expenses will not be returned, and the inheritance will lose its relevance. It is very simple to insure against such situations - it is enough to start a journal indicating the payments and signatures of the owner.
Social Security for Homeowners
For the elderly, who do not dare to resort to the services of strangers with the subsequent transfer of their property to them, the state provides for the provision of social assistance. In this case, the care of the elderly will be carried out by social protection authorities, and in the future real estate will be transferred to the local housing fund of the administration. Such services are actively distributed in large cities, saving lonely pensioners from risky transactions.
Conclusion
For all the risks, the very model of such an agreement is very attractive to both parties. In its pure form, it guarantees the elderly the provision of care and financial support until their death, and to payers of rents - real estate, the costs of which are not comparable to market prices. True, it all depends on how long the heir will take care of the elderly for an apartment. The fact is that expenses can increase over time, complicating the financial situation of the payer. There are many other nuances. For example, after death, relatives of a pensioner may appear who will insist on the old man's incapacity at the time of signing the contract. But, again, a competently drawn up contract, which also contains a certificate from doctors, will allow avoiding such proceedings.