The article reveals the problem of the correlation of public and private financial interests in the process of acquiring apartments by state and municipal customers. The legal approaches to the solution of this problem are presented using example of arbitration practice. In order to maintain a balance of public and private financial interests within the framework of the procurement contract system, it is proposed to purchase new apartments or in the secondary market exclusively from the owners (ownership of real estate is registered), the interests of which will be represented, if necessary, by attorneys or agents.