Fraud is the opposite !!!!!!!!

[Anonymous]

Thanks to everyone who will respond!

Tell, tell, help, advise !!! In the field of commercial real estate, 10% of transactions go without paying services to the agency, because the owners of the premises enter into a conspiracy with the customer of the services and - K I D A U T N A G L O !!! In most cases, a contract (lease and purchase of an object) is being drawn up for a third party. , but they’re on the drum. I shoveled what I could in nete (fate of decisions in arbitration and citizen), there is no information about us (realtors), how to help us! Who knows, there have already been cases when a detective investigation was a 100% evidence base in court. The connection between a realtor, a customer of services, an owner and a third party can be established even by phone calls for up to 1 minute. You can carry voice recorders with you or cameras, or bandits from the 90s to take with you to the shows. Signing of preliminary agreements with any party is useless. Anyway, they will deceive us, they will conclude a contract for the amount of tax for 5000 rubles, but in fact the market value is 100 times higher !! ! Where is the practice of such cases from lawyers and detectives, this is the direction that will bring them money. We need to take a subscription. each case is individual, and there are a lot of them.

Well, who are the scammers now !!!
It is necessary to turn to agencies not to tour operators and agents (put emphasis on "A"), but to realtors.
Many of my clients, driving with me around the facilities in my car, say: - Well, work, I wouldn’t be able to do that !!!
So, for what we take the money, you can write a whole poem.

 

[Детективное агентство. Украина. Киев.]

Hello!
It is necessary to conclude clear agreements with the client or the owner, where it will be written that only you are advertising this object, but this is exclusive))) the only way you can protect yourself from scammers, everything else is just words ... I know myself, not by by hearsay

 

[Anonymous]

We thought that only in Rostov-on-Don, such barbaric practice remained, but not in Ukraine. Moscow works in a completely different way. As for exclusives, the last case is from practice: the cooperation agency leads the buyer to my exclusive, finds out from the tenants the owner's phone number and tells him that the sale is only through them, they teach how to terminate the contract. So, what is next? We then fought back !!!

 

[Матушкин Андрей Николаевич]

You will register.

 

[Детективное агентство. Украина. Киев.]

I repeat once again, a correctly drawn up contract, which even if terminated, provides for compensation.

 

[Anonymous]

Even competently prescribed penalties, (even if the client agreed to sign them), according to the laws of the Russian Federation, are not legal, because all penalties will be charged on the refinancing rate (eg 1/300) and why write 1% per day?

 

[Адвокат]

Good day, oks!

In addition to those expressed on the detective branch viewtopic.php? f = 13 & t = 3521 I will add my own opinions, which I almost completely support.

Unfortunately, I do not see a positive judicial perspective on the issue that you voiced.
I don’t even discuss the question of the duration of such a trial, which will take a lot of effort, nerves, time, money related to the collection of evidence, participation in the trial of the Claimant, witnesses, possibly experts (if you need underscoring, phonoscopic or other expertise).

In your situation, it is impossible to insure yourself 100% of the indecisive actions of the Client by fixing YOUR meetings, documenting your agreements that, in the event he enters into a lease agreement with the owner of the object you selected. On the detective branch you yourself wrote about the reasons, in particular: you bring the Client to the object, he first agrees, and then refuses, or immediately refuses to rent the object, and later meets with the owner of the object (but already without you) and, using third persons (formally not related to your Client and the owner of the object) enter into a lease.

You will not be able to prove that these third parties received information from your Client or the owner of the object, because (as they wrote themselves) information about the leased object is contained in a certain base, which is used by other agencies. Therefore, it is up to you to prove in court that the employees of these agencies, or YOUR agency, could not have leaked information (for example, a potential tenant found an accidentally lost document with the address and characteristics of the object; an employee discussing work difficulties with a friend in a queue agencies reported the address, and behind them in line was a potential tenant who heard a conversation, etc.)

Therefore, I believe that you should look for ways to solve the problem that will minimize the negative consequences for you:

1) To seek an approach to your Clients, to establish friendly relations with them, so that if a desire arises to deceive you, their conscience wakes up.
Many trade and service workers have successfully applied this method.
For instance:
- the seller, beginning to praise his goods, makes a compliment to the buyer or gladly supports the customer’s lamentation about the hard life, high prices, frail health, etc., as a result, the buyer, out of a sense of gratitude, can no longer leave the counter without a purchase, even if sees that on the next counter he can buy a better product, but at a lower price;
- the taxi driver during the journey tries to talk to the passenger, as a rule, to let him talk out, so that when calculating, the passenger will leave him change, or tip.

Perhaps in most cases this method will not work, in any case, you can at least partially reduce their number.

2) To take an advance payment from clients for those actions that you will begin to carry out in pursuance of the contract by writing in the contract: for what exactly do you take the money that the Client will not be refunded if the contract is terminated. For instance:
from the owner of the object
- for posting information in the database for a certain period;
with potential tenant
- for viewing each object, which at the time of inspection is free from other lease agreements
- it is possible to register transport costs separately
- costs of servicing the contract (the work of the secretary, dispatcher, agent for the collection and execution of necessary documentation), etc.
In order for the Client to have guarantees of your decency, prescribe penalties in relation to himself. It will not be a secret to anyone that there are fraudulent companies that sell outdated or invalid information to customers. And any sane person, contributing money, must have guarantees that he will really be provided with the required service for his money.
I think that all the agencies in your city regularly face the same problems, so they should be interested in solving them. It makes sense for the heads of the agencies to discuss the issue of including pre-payment clauses in the agreements of all agencies, otherwise the Clients, at their own risk and peril, will begin to go to competitors.
3) It is possible to prescribe a condition for a non-refundable deposit in case of termination of the contract at the initiative of the Client, to think over other reasons why the deposit will not be returned.
4) to write in the contract more sanctions against the Client, so that, as I already wrote Roman Khudyakov , The client was afraid of possible litigation and other negative consequences.

 

[ledi-xo]

Thank you for your opinion! Yes, I completely agree with you, but I want to hear at least one 100% optimistic answer, but ... Yes, it’s time for us to move on to the Moscow scheme of work. Another question: we are now deciding what our names should be called Contract Options:
1. The contract of intermediary services.
2. Information services contract,
3. Agent agreement.
4. Contract for the provision of services.
In all of these agreements, there is a table of reception and transmission of services with signatures of both parties.
Thank!

 

[Адвокат]

Just name the contract.
This will not allow your Clients to use the gaps or deficiencies in the legislation (which can be found for each of the types of agreements listed by you), because in the event of a dispute, your lawyer or lawyer will be able to orientate according to the situation - what kind of contract was meant when it was concluded.

Good luck