28 Apr Caution, fraud for buying housing
As you know, real estate today is the most profitable, safe and stable investment. Winged expression m. Bulgakova in the novel “Master and Margarita”: “The apartment question ruined Muscovites” every year is becoming more and more relevant. Both the buyer and the seller act through the services of a realtor or private McLan almost always. The legislation in this area has been poorly developed, and some buyers are little versed in the intricacies of “office work”.
The buyer suffers most of fraudulent actions, only in some cases the seller. Conscientious buyers, as a rule, are distinguished by gullibility and legal illiteracy. The methods of scammers every year are more sophisticated. Let’s figure out what methods are used by scammers to take possession of an apartment or cash illegally.
The easiest way of fraud is to sell real estate by a person – not the owner of the premises. In this case, the seller may be a family member, a friend, even a realtor or other persons allegedly by proxy of the owner of the premises. In order to deceive a bona fide buyer, scammers use fake documents, psychological techniques, as well as other methods. If real estate is sold according to fake documents, then the buyer will tolerate not only material, but moral damage. After a real seller appears and wants to return his apartment, endless trials will begin. It is far from the fact that the buyer will receive his funds in full. One of the ways to verify sellers is the requirement to show the originals of title documents (certificates, power of attorney, contracts of sale, etc.). You can also protect yourself by checking the cleanliness of the purchased housing or contact the real estate agency, where checking the apartment for legal cleanliness is an integral part of the work.
The form of fraud was widespread when the apartment is sold several to customers at once. For this, the seller brings several copies of fake documents and begins to conduct a deal with each of the buyers. The apartment will own the one who is the first to register it in the manner prescribed by law. However, such a scheme is characteristic of some constituent entities of the Russian Federation, the central region has long developed protection schemes from such crimes. So, the seller receives money only if the contract of sale of real estate is registered in the manner prescribed by law.
It is suspicious if the apartment that buyers want to acquire is owned by citizens on the basis of a commercial hiring agreement. Thus, scammers conclude a commercial rental agreement with the owner of the premises, live there calmly, find a special representative, the so -called front -line person, and develop all the necessary title documents for the apartment. Currently, documents are prepared at a high level, because scammers have a variety of prints and forms, dummmer notaries, with which the documents are practically no different from the originals. This situation puts in an inconvenient position of all but scammers. The real owner of the premises will learn about the sale of his apartment after some time and, as a rule, appeals to the court. The court decides the case, given the opinions and interests of both parties.
Be careful when making a deposit or advance. Fraudsters do not sign a preliminary agreement on entering an advance, but simply provide copies of title documents for a real estate object. The danger lies in the fact that the deposit can be obtained from several persons, but to prove that you were the first, you will have exactly. At the same time, scammers use certain tricks to lure gullible buyers. The price in the announcement is indicated 20-30% cheaper. To protect yourself from unnecessary problems, try to ask the originals of title documents. Original scammers will definitely not provide you with.
The participation of notaries in the implementation of the real estate sale transaction can only aggravate fraudulent schemes. As a rule, notaries have original forms of documents and printing. Criminals only need to enter all the necessary information and act on behalf of the seller quite calmly. It is very difficult to prove the fake of documents in this case, because the forms are real. Often, notaries know that the actions of persons do not comply with the laws of the Russian Federation, but they do not say anything and act as accomplices in the case. Sometimes notaries use moral pressure on sellers, convince them to conclude a contract of sale on very disadvantageous conditions. So, a certain company worked with people with certain problems with drugs or alcohol. The scheme was simple, people were led to a notary already in drug or alcohol intoxication, and then made up a power of attorney for real estate. Subsequently, such “victims” were found dead. Criminal cases were not instituted, investigative actions aimed at clarifying the circumstances in the case were not carried out.
The court decisions are a document that can deprive you of your ownership, but it may also be fake. The document is not printed on the official form, so for professional scammers to fake it is not a problem. Only the seal and signature of the judge is faked. How to check what a document was presented to you? Immediately go to court and check with the office workers whether there was such a case, whether such a decision remained in the archive. It is better to call the side participating in the case, so you will have guarantees to get a real decision of the solution if it was generally.
Do not fall into the hands of the “black” realtors. It can be “specialists” who have been advised by your friends, and one-day companies. It is they who perform all the fraudulent actions that were described above. Ways can be the most diverse. Often, companies – one -day companies are opened for fraudulent goals, intermediate contracts, advance agreements, and then criminals disappear in an unknown direction. Fraudsters, black realtors are very difficult to recognize among ordinary people. They adapt to life conditions, show their awareness in the legislation, use various psychological techniques to deceive a bona fide buyer. Sometimes they can be recognized by the bustle and hurry, which they specially bred during the execution of the entire transaction. So they think that a person will not have time to see all the elements of the history of the object. Be vigilant, carefully read the contracts, demand the originals of title documents.
In order to avoid deception, it is necessary first of all to know the schemes of fraudulent actions, and, in addition, do not trust anyone. Best if you yourself orient yourself in the legislation. Below I will give some tips, following which you can avoid problems when buying or selling real estate:
First you need to check the Realter Agency, check if it is a company – one -day. Ask the charter documents of the organization, see how many years this organization exists on the market. Firms with great experience will not want to spoil their reputation.
Although the licensing of real estate has long been canceled, today there is a certification of this activity. Check out the resolution of the State Standard of the Russian Federation of February 8, 2002 No. 14 “On state registration of the voluntary certification of services in the real estate market of the Russian Federation and its conformity sign”, it just prescribes all the foundations of certification. It will be a double protection for you. Firstly, good firms are certified, in addition, in the case of an incident, commissions to resolve disputes apply to certified firms.
The realtor should have its own base of real estate objects. Otherwise, how he can offer you quality options. In general, before contacting realtors, study yourself with the help of open sources of information, what services the realtor provides, how the deal passes.
Be sure to conduct a legal analysis of legislative acts and title documents. You must clearly imagine what you want to get, how everything goes. To do this, use the services of a lawyer or just yourself. In particular, it is very important to know what basic documents should be in your hands during the acquisition of property. So the basic information you need as a buyer are in a single register of rights to real estate and transactions with it, as well as a house book. From these documents you will learn who lived on the territory of this real estate, in addition, you will see who the living space was privatized.