Real Estate Fraud

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One company needed a room in the city center. We chose a communal apartment. All tenants agreed to the terms of eviction proposed by him, only one girl requested a two-room apartment in exchange for her room. It was not possible to persuade her, then they found a "groom" for her. A fake young man was given a car and a separate apartment for temporary use. A month later, the young decided to get married. It was decided to twist the family nest in a small country house. To do this, they sold the "apartment of the groom" and the room of the bride. After paperwork for the house, the groom disappeared. And the girl was left without a groom, and without an apartment

Forgery of documents
In the process of concluding and completing an apartment purchase and sale transaction, one has to deal with a large number of different documents. They are the basis for the transaction, and it is with them that a variety of methods of fraud are associated. Here are some of them: re-sticking photos; use of sheets of various passports in the passport of one citizen; falsification of registration stamps in passports; falsification of photocopies of identity documents; presentation of fake payment documents or presentation of falsified documents proving ownership of the apartment.

Deception by proxy
Under the pretext of providing assistance with the exchange or resettlement, fraudsters receive a power of attorney from the owner of the apartment for the right to make any transactions with the apartment, and then draw up an agreement for the sale of the apartment without the participation of the owner. And they can even write out the owner from it.

Sometimes fraudsters, in order to take possession of someone else's living space, fake a power of attorney for the right to dispose of real estate.

Most often, such a scam usually easily passes under the pretext of speeding up the process. And the fraudster as a result draws up the client’s real estate for himself. After that, the apartment is immediately for sale. And the contract reveals the absence of a clause on liability and the fraudster quietly disappears with money.

Legal advice
It is impossible to prove the fault of the broker, because the swindler concludes a real power of attorney ...

Refusal to pay an apartment
Although rare, but still there are cases of unlawful seizure of an apartment without payment (full, partial or pre-agreed amount). When buying an apartment, the fraudster simply does not pay money or gives only a part of the amount promised for the transaction. Moreover, people who cannot defend their rights (alcoholics, drug addicts, mentally ill, etc.) often become victims.

To obtain consent for paperwork or a power of attorney, criminals use very diverse methods of influence: from the use of psychotropic drugs to the direct threat of physical violence or torture.

The following documents must be closely monitored during a housing transaction.

* title documents for property (privatization, purchase and sale, donation, exchange, inheritance agreements, certificate of title, certificate of housing cooperative registered in the committee of municipal housing).
* Help BTI (explication);
* extract from the house book;
* copy of financial personal account;
* certificate of absence of debts for utilities;
* if minors live with the seller - the decision of the guardianship commission;
* permission from the spouse to purchase or alienate real estate;
* additional permits (if people with limited legal capacity live);
* contracts of previous transactions with the apartment;
* certificate of payment of real estate tax.

What to do?
* You can’t sign anything without checking all the documents of the other party, and not just their availability, but full compliance with legal standards;
* beware of people seeking to do everything urgently or those who undertake the execution of all documents on their own;
* in the calculations it is more expedient to use not a cash, but a current account. The transfer (receipt) of money must be made in the presence of relatives, acquaintances, who can subsequently be witnesses in court.
Source: https://juliki.ru/flats/82-prodazha.html

 

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“For a long time we saved up money to buy the long-awaited apartment. The intermediary company raised money from us, and a contract was concluded. The case was beneficial for us, buyers, and for the builder, and for intermediaries. But when the deadline came and the house was built, we were told that the company intermediary for some reason did not buy the house from the company that was engaged in its construction. And it turned out that we gave the money, but could not get housing. It’s like we bought apartments (more precisely, they were built with our money), but in reality they didn’t belong to us! ”

Each person, buying an apartment, is afraid to be cheated, but also does not want to overpay. Therefore, fraudsters easily find those who will not refuse to buy an apartment cheaper without unnecessary risk.

Intentionally withholding information
This method of fraud involves terminating an already concluded transaction to the detriment of the buyer of the apartment. Having bought an apartment, you can not suspect that a person lives in it, who usually is registered with a neuropsychiatric dispensary or is a patient of a drug dispensary (i.e. an alcoholic or drug addict). And any tenant registered legally (especially provided that he is incapable of work and there is no place for resettlement), in the case of the sale of an apartment, has the right to stay in it. It does not matter who owns it. After some time, the relatives of this unhealthy person go to court with a certificate of his insanity and terminate the transaction. The court at the same time, no doubt, decides that the buyer should return the money paid for the apartment. The trick in this case is that the amount indicated in the contract of sale of the apartment, as a rule, is much less than the amount that was actually paid for it. In addition, there is no certainty that even this amount will be returned to the buyer. Because, transactions committed with the mentally ill, alcoholics, drug addicts, can be protested within ten years. During this time, the money paid for the apartment can be spent by them.

No less trouble will be the purchase of an apartment in which a person is serving a sentence in prison. He may not be discharged from the apartment, and he will retain the right to reside in it.

Often an apartment is sold by proxy after the death of the landlord . The transaction in this case is invalid.

“Wrong address”
There are such situations. A trusting citizen, often from another city, is shown a luxurious apartment in the city center. He agrees to the purchase. And the documents later turn out to be executed on a one-room slum somewhere on the outskirts. In such cases, coincidences in street names are used, and they can even specially fix the necessary signs on houses or apartments. Very often, such frauds occur in transactions with suburban real estate. Sellers show a luxurious three-story villa, while documents are drawn up at a nearby barn.

Sale of an apartment by agreement of several persons
It is known that when selling an apartment, which is the joint property of the spouses, the consent of both owners for its sale or exchange is necessary. But often spouses become scammers, agreeing in advance on joint actions. Suppose an apartment was purchased during the marriage, but framed by one of the spouses. The notary will certainly require the consent of the second spouse to the transaction. However, you can “lose” your passport and instead get a new one without a marriage registration stamp. In this case, after the transaction is completed, the second spouse may file a lawsuit in court to declare the transaction invalid on the grounds that he was not asked for consent to it, and he, of course, is against it. As a result, the court will return everything to its place, and the buyer, if he gets his money back, is likely to have a smaller amount, since a different amount may be indicated in the sales contract.

"Own office"
In order to make a deal, fraudsters often use fake notary seals, and sometimes even open a fake notary office (the famous pharmacist Sonya Zolotaya Ruchka did a hundred years ago when she “sold” the house of the Moscow governor-general to an English company). Aces scammers perform such scams right in the walls of a real notary’s office and bring the victim to a double of a genuine notary sitting nearby. But if the client prefers to use the services of a familiar notary public, it is unlikely that he will be able to escape from the tenacious hands of deceivers. Because in this case, false registration of a transaction in state registration authorities can be carried out. The scam partner will offer to bypass huge queues to arrange a deal through his "familiar" employees. It’s hard for fraudsters to refuse masterfully conducting such performances. As a result, the victim herself begins to persuade the scam participants to “solve the problem”, and even offers to pay extra for such a “good deed”. In the meantime, there is a false registration (within an hour and a half), and the buyer gave his passport, the dealers have time to go to the bank and remove from custody the money that the buyer put there to ensure the security of the transaction. It ends with the fact that the victim’s money disappears, and such transactions are considered null and void.

What to do?
Under the pretext of reducing taxation when registering the purchase and sale of an apartment, an understated price is often indicated in the contract. And after the entire amount has already been received, the sellers find an excuse to terminate the transaction and return the amount specified in the contract. Get all the money back is almost impossible. Therefore, carefully study the contract before signing it.

Before transferring money, obtain an extract from all tenants from the purchased apartment.

All necessary documents must be presented at the time of purchase. Here is a list of these documents:

* title documents for property (privatization, purchase and sale, donation, exchange, inheritance agreements, certificate of ownership, certificate of housing cooperative registered in the committee of municipal housing);
* Help BTI (explication);
* extract from the house book;
* copy of financial personal account;
* certificate of absence of debts for utilities;
* permission from the spouse to purchase or alienate real estate;
* additional permits (if people with limited legal capacity live);
* contracts of previous transactions with the apartment;
* certificate of payment of real estate tax.
Source: https://juliki.ru/flats/81-pokupka.html

 

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There are frequent cases when real estate transactions do not go quite smoothly. For example, one person acquires an apartment from another. And the contract seems to be drawn up correctly, and signed by both parties, and the purchase and sale process went without any difficulties. However, after a while it suddenly turns out that the former property owner did not take into account the interests of his children in the privatization of housing. And from the point of view of the law, they simply remained without a living space, although, of course, theoretically they could have another apartment.

If these children (who have already reached the age of majority) declare their rights to the apartment, the transaction will most likely be terminated. That's when the long process of returning your money through the court begins. Is it worth mentioning that such situations are often played by fraudsters, especially when it comes to large cities and capitals?

Of course, in order to avoid such misunderstandings and buy an apartment in Moscow without complications, you should know a few simple rules that will allow you to protect yourself from unpleasant surprises:
1. You should ask ZhEU about how correctly the privatization of the property you are interested in was carried out.

2. If you offer a lot of money for your apartment or offer you an apartment at a ridiculous price, then this is most likely an offer from scammers. Is it necessary to say that no one voluntarily parted with their money, and also did not cheapen on the sale of real estate? Nobody, except for scammers, who organize everything in such a way that you still will owe them a tidy sum.



3. Often fraudsters use a method that looks similar to a more or less real situation. For example, a fraudster sells an apartment to someone, and then goes to court with a request to invalidate the transaction on the basis of one reason or another.
Money in this case is returned to the buyer, of course. But the trick is that the contract indicates a much smaller amount than the one that was actually paid. And to prove to the court that you paid ten times more for the apartment than indicated in the contract of sale is very problematic, almost unrealistic.

4. Another fairly common deception scheme: a fraudster sells an apartment, and then declares that he will not be written out because he has nowhere to move out. And he asks the court to invalidate the transaction.

The court takes the side of the buyer or seller, deciding that it is necessary to return the money to the buyer of real estate. But scammers in this case most often claim that the money received has already been spent, and they agree to pay it out of their monthly salary.
Our laws are such that no more than 30 percent can be deducted from wages, so paying the full price of an apartment can take about 50 years, and sometimes much more.
Source: https://www.egsnk.ru/articles/id789/

 

[Матушкин Андрей Николаевич]

Thanks, informative.

 

[Турабян Владимир]

THANKS, CENTURY - LIVE, CENTURY - LEARN!

 

[Частный детектив Самара.]

“he did not take into account the interests of his children in the privatization of housing. And from the point of view of the law, they simply remained without housing, although, of course, theoretically they could have another apartment.” So where do you get this information? There is a department of guardianship and trusteeship, probably you have heard that not a single notary public, no reg. Chamber will issue a deal to you without the consent of the above mentioned organization. It’s very easy to get around the scheme with the contract, but for one reason or another the smaller amount is indicated in the contract, require the seller to transfer funds to your account by the same number as they signed the contract. And if then the seller requests the return of the apartment for the amount specified in the contract, you can easily prove the real price.
"You should ask the Housing Management Authority about how correctly the privatization of the property you were interested in was carried out." I don’t understand this at all. All information is in a completely different place, tell me where, dear lawyer? Write yourself do not know what: evil:

 

[Плотников Юрий Михайлович]

Thank!

 

[Арсен]

There is an interesting literature on this subject: 1. REAL ESTATE TRANSACTIONS 2. REAL ESTATE RIGHTS AND TRANSACTIONS
Who has not read and who is interested, I recommend reading.