Apartment without trouble

The real estate market is a fertile ground for the cunning men of all the masters. There is a lot of reasons for this: the population is not too crowded in legal matters, and the laws are contradictory, and there are no transaction information. Look for the answer to the question, how not to get on the bait of fraudsters, in our material

In the Criminal Code of the Russian Federation (Art. 159) fraud is defined as "theft of someone else's property or the acquisition of the right to someone else's property by deception or confidence abuse." The methods of committing this crime are many, but unites them that the victim himself, voluntarily, gives its own property or money in the hands of fraudsters.

Deceived and seller, and buyer

Since the enemy should be aware of the person, summarizing cases of practice and unite them in two groups: 1) delegation of the seller of real estate and 2) deception of the buyer. If the fraudsters decided to deceive the seller, they seek those who can be conditionally attributed to the risk group, or use schemes when buying an apartment that are associated with a deposit.

Particularly included in the risk group and the elderly, as well as those who abuse alcohol and drugs, suffers from mental illness, are of interest in the first place. Such people are most often easily convinced that they are offered a very profitable deal ("Sale of an apartment in a major city will make it possible to buy a better housing in a small town, and money for a meetingful old age will remain"). What is the result? After the sale of the apartment, the former owner at the best of the best receives a kerchief somewhere on the periphery, and in not the most worst - from the property from the former apartment owned clothes will remain, and the hospital bed will be housing for a long time.

Technical passports introduced a few years ago, made almost impossible for an apartment with an apartment number when the buyer showed removable accommodation in excellent condition, and they actually sold an emergency (after the bay or fire) real estate in the same house

The deposit is the money amount transmitted by the buyer to the seller to confirm the intention to buy and at the expense of payments due under the contract. In the "Games with a Master" after its receipt, the seller has no right to produce any actions with housing, otherwise it will be obliged to pay the other side of the double sum of the deposit. Satim are associated several schemes of deception.

Scheme 1. Having received a deposit and issued a pledge agreement, the seller collects the necessary documents, but does not fit on the date of paperwork, a complied with the buyer. Fraudsters in accordance with the terms of the contract require from the unlucky seller of the return of a double-size deposit or reducing real estate value. Is it worth saying that the term is imposed by the fraudsters themselves?

Scheme 2. The deposit of one buyer "is interrupted" by the longest amount of the second buyer's deposit (both, of course, fake persons). After some time, the second buyer refuses the transaction and requires the returned returnance in a double-size returnance, threatens by the court, since the seller violated his obligations towards the first buyer. You can still have such a variation on the buyer's refusal of the purchase of an apartment: he proposes to wait with returning the amount of the deposit until the seller finds a new wishing to buy an apartment. When such is located, the "failed" buyer accuses the owner of the apartment in the fact that he was going to sell his real estate to two applicants at once. The victims require the seller to return the amount of the deposit, traditionally in double size.

Scheme 3. Finally, instead of the word "deposit" when issuing a contract, the word "pledge" can be used, which will fundamentally change the meaning of the contract, turning the seller in the debtor. Indeed, in this case it turns out that the buyer must be a certain amount of money or property to the seller, to ensure the return of which he left a deposit. (Recall that the deposit is part of the monetary amount payable by the Buyer to the seller, transmitted until the final design of the transaction as a confirmation of the seriousness of intentions.)

The second group of fraudulent schemes when buying (selling) real estate includes several ways to deceive the buyer.

1. Organized group. Fraud is often committed by the group, which may include representatives of power structures and law enforcement agencies, notaries, employees of guardianship bodies and other officials. For example, in the last century, a fraudster Sonya Golden handle sold the house of the Moscow Governor General of the English company, organizing a plained notarization office.

If the lonely owner of the apartment died and the heirs did not appear, and fraudsters have their own notary, a fake testament can be made. Even if the term of entry into the inheritance is missed, it can be restored in court - again, if there is "his" judges.

2. Not that seller. It also happens that the apartment on fake documents is selling a person who is not the owner, or the co-owner decides to sell not only his share, but all the accommodation entirely. Most often, such sellers are family members of the real estate owner or citizens living together with the owner.

In fairness it must be said that the notary can also be misleading. For example, a person can come to him, the masterfully filtered under whose passport fraudsters have, and write a will on the necessary people.

3. Cheating instead of exchange. The owner of the apartment receives a profitable offer to exchange an apartment and transmits fraudsters money for mediation, after which the deal suddenly breaks sharply, and fraudsters disappear. Most often, such fraudulent schemes take place in alternative exchanges, when several apartments are at the same time, several apartments are bought, "in this case, criminals can get the full cost of exchangeable livingplaes, and not the amount of surcharge for a large apartment.

4. Excess tenant. After the completion of the transaction for the purchase or exchange of real estate, already at the registration stage, it turns out that a minor has been registered in the apartment, or a mentally ill-treatment in the special institution, or serving criminal punishment, or a soldier who is seconded to its part. All these categories of citizens can challenge the transaction and again to receive registration in the sold apartment and, as a result, the right to stay in it or the right to dispose of their apartments.

It must be said that new fraudulent schemes appear regularly, old die. The real estate market gives ample opportunities to knock out spacen and get a solid kush, and therefore the criminals will invent all new ways of "weak money from the population", according to the expression of the Great Combinator.

Even carefully examining the documents for the acquired new building, you will not be able to know if this apartment has already been sold to other people. Therefore, choose the seller thoroughly - the developers selling themselves to their reputation selling housing themselves or work with one and the same realtor companies

Deceiver himself

In accordance with the Tax Code of the Russian Federation (paragraph 1 of Art. 220), if immovable property was owned for less than 3 years, and its value exceeds 1 million rubles, the property tax deduction is provided to the seller in an amount not exceeding 2 million rubles. Consequently, when selling residential real estate at a price of over 2 million rubles. The difference is subject to income tax in 13%. The market value of even a one-room apartment of secondary housing in the cities of Russia in most cases exceeds 1 million rubles, not to mention the cost of apartments of manycomes or in houses-new buildings. This leads to the fact that "economical" sellers indicate the purchase and sale agreement of the apartment, significantly lower than its real market value. Consider how events may develop if someone wants to take advantage of this circumstance deliberately.

1. The seller will return not the whole amount. Of course, any trick entails certain consequences, and evade tax evasion all the more. Listening to the termination of the contract (for example, if the buyer discovered hidden defects, which were recognized as significant shortcomings, the termination of the contract of sale) the seller is guaranteed to return only the amount that was indicated in the contract. It is almost impossible to prove that you de facto transferred the seller. A kind of insurance against such a situation is the conclusion of an additional agreement (about the price) to the Agreement, such as a gentleman's agreement, in which the missing amount will be indicated. However, the buyer will return the amount completely through the court and in this case it is difficult.

2. Cell in the bank . Another option to develop this situation when the buyer is fraud. A predetermined amount that significantly exceeds the indicated in the contract is placed in a bank cell. The contract of sale is concluded. However, until the seller receives the seller from the cell, the buyer has time to contact law enforcement agencies with a statement, which indicates that he mistakenly put a much greater amount in the cell than he intended. Alone to open the cell buyer cannot - these are the terms of the contract with the bank, but it is possible to make an employee of the bank in the presence of a police officer who adopted a statement. When opening the cell, it is found that the buyer is really "mistaken" and under the contract there should be a smaller amount. As a result, the seller who came later receives only the amount specified in the contract. Only an experienced realtor will help protect against this situation, which will check the purity of the transaction.

10 ways to protect against fraudsters

1. Ask the second side of the transaction be sure to get a certificate that in accounting in the psychoneurological and narcological dispensary, it does not consist. In one case, if there are at least the slightest doubts about the adequacy of the counterparty, invite a psychiatrist, which will make the conclusion that both sides of the contract of sale were at the time of the conclusion of the transaction in adequate condition. Additional Safety - Remove the entire procedure for concluding a deal on video.

2. In order to eliminate the possibility of appearing in the apartment unaccounted in the contract of tenants, it is necessary to take an extended discharge from the house book in the passport desk, where everyone who has ever lived in this apartment is indicated. If it is not possible to refer to the necessary certificates, you can resort to the help of legal advice specialists - they can issue a lawyer.

3. Get a written obligation from all registered in the apartment (in addition to the owners) to leave the apartment in the agreed period. It is also possible to provide penalties in the contract for violating departures or refusing to leave the housing sold. Another option is to prescribe a condition in the contract, according to which the main part of the amount will be paid only after the legal and physical liberation of the housing.

4. Examine the history of the apartment, it should not be "dark spots" and dubious transactions, otherwise the court can refine immovable property even at a good faith buyer.

5. Make sure that the apartment did not make redevelopment or it was properly legalized.

6. Offer the seller to check the passport for identity with the account in the passport desk. This is almost a lactium paper - there is nothing to hide a conscientious seller, the fraudster will be overwhelmed with such an inspection.

7. Make a seller's commitment to the contract independently pay with possible heirs (if such declared) from the amount that he will receive from the buyer.

8. Do not store documents in those places that can be accessible to outsiders. This is especially true of passports and guidelines. If you lose or loss of documents, please contact law enforcement agencies.

9. Carefully study power of attorney, if one of the parties the transaction operates "on behalf of and on behalf of". Pay attention to the one who issued a power of attorney for what purposes and for what period does its action applies.

10. Do not disregard your relatives from the risk group - for example, single older people. Check the circle of their communication, track new acquaintances.

Alarm symptoms

Scammers, especially working in the real estate, one of the most trained and educated. It is difficult to recognize them, it is even harder to remove it. It remains only to be extremely attentive and observant. Remember: the seller is easier to understand that it was faded (most often it happens when making money), and for the buyer, the consequences may occur unexpectedly and sometimes late. He can live in his apartment is not the same one, before it turns out, for example, that an unknown heir claims to be presented on his living space or an arrest is imposed on real estate.

Here are seven circumstances that must undoubtedly alert at the conclusion of a real estate purchase and sale agreement.

1. Offers to buy an apartment and arrange documents urgently, and although the seller hurries with a deal, he does not buy another housing in return. Real estate transactions Neshki do not tolerate, and therefore never agree to use the services of the notary - "good friend of the seller" or "familiar ladies in the registration chamber." Tune in to the fact that you will spend on the purchase of an apartment not one day, and do not rush the events. Of course, and at the conscientious seller can be very good reasons to rush, but in this case it may well tell you about what pushes him for the sale of housing.

2. The price of housing is underestimated compared to the market proposals. This may be a sign of a kind of "pyramid". You promise to sell an apartment at the declared attractive price, but only if you bring some more buyers, of course, to other apartments. The firm-seller times with time will postpone the interior of the apartment, and in the end it turns out that housing simply does not exist. Practice shows that the participants in the housing pyramids almost never receive their money back.

3. The apartment is offered to purchase through the lottery among a limited number of participants who have made an entrance fee. Good luck in such attractions of unprecedented generosity smiles with enviable consistency only to its customers.

4. Realtor offers the buyer in exchange for his apartment other options for housing, not reporting the cost of purchase, nor the cost of sale ("closed scheme" of purchase and sale). After a successful completion of the transaction, it may be that you have to an intermediary almost a quarter purchase prices as commission. Prove that realtors were deliberately misleading, almost impossible. In this case, it is necessary to check in advance whether a concrete amount of the realtor's remuneration was submitted.

5. You are offered to give the originals of the right-layering documents to the apartment, passports and other documents a trusted person who will quickly issue a deal. Comments, it is necessary to believe in this case unnecessary.

6. Your seller for all time communication with you did not mention a word about the presence of a family (remember if the share ownership is sold, then all co-owners should act together), and by the time of the conclusion of the contract he (it) suddenly revealed spouse and children. The situation from the transaction is safer to refuse: at best, unscrupulous sellers simply pulled the time and found another buyer, at worst - you can buy an apartment in which there are still dozen-other unaccounted living spaces in the contract of relatives of the seller. Therefore, before signing the contract, carefully check for the legal purity of the apartment, especially the one that the seller received by inheritance, or the previous owner of whom he died for a violent death. There are great chances that after some time the deal will be invalid, and you do not get anything except headaches.

7. The seller also needs to be alert, especially if the realtor offers an apartment at an inflated price, explaining that this is just a way to attract more potential buyers by unspoken out loud suggestion to bargain. Seller anyway will have to reduce the price. Yes, this is not a fraud, but it may be a small link in a long fraudulent operation.

Looks like yes not the same

Those who suffered from fraudulent actions should go to court, then the chance get back their blood, albeit "battered" money inflation is immeasurably higher than in cases where they are trying to negotiate with already deceiving real estate dealers.

There are dealing transactions (recognized by invalid by the court decision) and insignificant (invalid from the very beginning due to their illegal nature, regardless of the decision of the court). The transaction concluded with completely incapacitated participants (children under 14 years old and persons suffering from mental disorders that are deprived of the opportunity to adequately perceive reality), insignificant. The claim for the invalidation of an invalid negligible transaction (in the language of lawyers, he is called a claim for the application of the consequences of invalidity) can be presented for 3 years from the date of the beginning of its execution (Article 181 of the Civil Code of the Russian Federation).

The claim for recognition of an invalid conversation can be filed within 1 year from the moment the plaintiff learned or should have led about the circumstances that are the basis for recognizing the transaction invalid. Limitedly capable citizens can be recognized due to disease (suffering from alcoholic or drug addiction) or their age (14-18 years), although the latter may be fully as a result of emancipation (for example, if they have their own permanent income or married).

A results of the legal proceedings on an arbitrary deal of the apartment can be exterminated even at a conscientious acquirer. In this case, the unlucky buyer will only have to recover money from scammers.