Saturday, October 29, 2011

Avaricious pays twice: how not to check the apartment before the deal

It seems to be aware of the fact that before the acquisition of housing needed to verify the legal purity. But sometimes it happens that seems to be checking and realtors spent, but still appears "from nowhere" perfectly legal prescribed in the apartment people. And then what would you do to all parties of the transaction? Vsevolod Komkov once again came from a psychiatric hospital. It was a quiet morning, the sun shone. He shuffled his feet on the porch, looking at the neighborhood, but the sisters never saw. Then he went into the hospital garden, and sat there for half an hour. But during this time, Anna has not appeared. My soul was somehow restless, and Vsevolod, looking at the sky, which had already begun to cluster in the clouds the clouds, the eyebrows pulled off his cap and walked dejectedly to a stop. Already spoiled non-appearance at the hospital nurses have spoiled the mood in the yard of a neighbor. - Seva, I heard that your sister sold the apartment and went to the fancy man. - How to go? And I? Where will I live? - I do not know - somehow sympathetic neighbor giggled, then his action embarrassed and hurried retreat. Vsevolod got to my floor, put the key into the hole, but that there simply was not included. Then he rang the bell. He opened a middle-aged woman and asked what was needed. - I came home. Where Anne S.? I'm her brother. Who are you? - Oh, brother, come, - began wailing woman. - And when shall be discharged as well? What we all need time for you to pay? - I do not understand - Showa startled. Words neighbor found confirmation. - Why should I be discharged? Where should I live? - It's not my concern. It is you my sister and I understand. She sold? Sold. She said that a proprietress. One! And you promised when you get back, buy a separate apartment. So go take off the books and look for his sister - gave up the new proprietress, but then, apparently remembering something, she asked the man to wait. She came back quickly and gave Vsevolod bulk bag, saying: "This is my sister asked me to personally. And other things have a Fedorihi. Said that he supposedly knows. " Then she quickly shut the front of taken aback by Vsevolod door to his lot. He could hear the locks turned and slid the heavy bars, forever barring the way into the apartment. - I - do not mind? These are the things - Showa chuckled. From benign mood was gone. Suddenly dizzy, his legs were podkashivatsya, and he sat on the concrete steps of a flight of stairs, where he found Nastasya Fyodorovna, the neighbor on the landing. Our cottage at the edge of the whole evening Vsevolod grieved and consoled him Fedoriha. In the morning they went together to the district. He sympathized with the species Komkova, but did not say anything intelligible. Like, it's not a matter of police. If his sister lied, then he needs to go to court. In the afternoon, when Nastasya Fyodorovna, and Vsevolod sat at a table and had dinner in the apartment rang. On the threshold stood a young man nasty looking. Immediately at the door, he began talking in a raised voice: - Are you worried about where our customers. They bought the apartment by law, no violation, and then claimed a brother and begins to swing right. You're not the owner, so what you want? Refused to privatization? Been abandoned. Sister all farmed out, so now and understand it. And then all first sign, and then begin ... You know, this smacks of fraud. And if you vozbuhat, then we will attract to the answer - and the young man stared a baleful look in the face of Vsevolod. He stood and clapped his eyes in confusion. - Well, you're easier on the turns - not a little angry at Fedoriha young man. - Who gave you the right to offend the patient unhappy man? If you nahimichili there, and now want to blame everything on the Seva. It will not work - and it showed who came modulo. -, But However, do not boil. And it is not seen these, - said the young man, but more quietly. - Firstly, I did not spend a deal, and secondly, our company has always carefully examine all. So look for his sister and ask her with money, and our clients please do not bother - and he, shaking his fist is not known who went out, slamming the door. Denial is not valid when Fedoriha and Vsevolod calmed down a bit, the old woman decided to call daughter in law, to consult. It is though not a lawyer, but works in a large company can do is advise. After an hour in-law phoned and advised Vsevolod go to court. Like, no other way no one sees. A few days after the filing of the application to the court in an apartment Fedorihi another call. A strange woman said she head of the company that sold an apartment Komkova, and asked permission to enter. Nastasya Fyodorovna nodded in agreement. When they settled down in the kitchen, then Lydia Markovna (as had the employee firms), expanding the papers on his desk and said: - We honestly do not understand what the fuss here. The apartment is on the documents belonged to Anna Komkova? Her. You Vsevolod abandoned privatization, as there is written evidence? Been abandoned. So what are you now want from us? Yes, our agent, who conducted the transaction is not, he was fired for misconduct, but it does not matter. Paper suggests that no fraud was not. The only thing that you have the right in this situation, it is in registration. Here is your sister let us down. She promised to settle the matter in person, even a notarized receipt, and it left a certain sum of money. - I did not know what sign - put the word Vsevolod. - That is how it did not know? The same was not in the kitchen and not in the alley, and a notary, - said the woman is slightly perturbed. - As they say in a scientific way, he had a relapse, - evil Fedoriha said. - It sometimes happens. That's why he was treated for 4 months in the hospital. Meanwhile, sister, and sold the apartment. - That is how you were treated in the mental hospital? - Somehow taken aback Lydia Markovna. - Well, - said the Showa - I am registered with the age of 22. And when he signed the waiver of privatization, it did not know what he was doing. My sister gave me some pills, I was happy, she asked me to sign, I signed it. - Well, the case - said rieltorsha, hastily collecting documents in a folder. The next day, Vsevolod was invited to a company statement issued by money left and promised to pay rent until the end of the trials. But all this is on condition that he not be disturbed by new owners. Join in an old apartment he still remains, so that the pension and medical aid is not affected. He looked closely at the paper, then on Fedorihu who nodded in agreement, and only then sign this strange agreement with the company. Comment Realtor Oleg Samoilov, general director of "RELAYT Real Estate": Generally speaking, the situation described - from the mundane level. Moreover, almost all of its characters (except the sister of Vsevolod, of course) I am sorry. Buyer - because he, relying on semi-literate or not too responsible agency real estate, bought an apartment in the legal history of which contained an explicit "dirt." And the "dirt" that can be detected relatively easily. But realtors for unknown reason, I missed it. And now, given the current judicial practice in Russia in such cases, the buyer this flat is likely to lose. After all, if Vsevolod, registered in a psychiatric clinic and periodically treated in the hospital concerned, really argue with his rejection of privatization, the court almost certainly will be on his side. This means that the subsequent sale of the apartment deal will be void. I heartily sorry and Vsevolod, which, they say, "for nothing", suddenly left without a roof over their heads. At least for a while in general, and employees of estate agents, who created all this mess and showed a clear professional incompetence, too, deserve some sympathy. If only because that arose when their clients face a problem in the out-of-hospital Vsevolod rang the doorbell apartments, they are not estranged from her permission, which, alas, often make realtors in these situations. And really what they learned about finding Vsevolod registered in the IPA, not only "no sound" money paid to him (which, strictly speaking, a bit strange from a legal point of view, as in the role of the recipient was supposed to make my sister), but and assumed the cost of renting an apartment, and do kicks a tear of emotion. Now, in fact, from falling into such a situation is safe, no buyers. Confine myself to the most important aspects that allow at least reduce the risks to a minimum. First, never buy an apartment, not sure of the fact that refusal to participate in the privatization of any of its citizens living in them has been written not only personally, but also with full awareness of the consequences. Then, of course, it is necessary with such a "refusenik" not only meet, but also to obtain from him a notarized declaration made on the appropriate form. Professionals with a view should look like this form very familiar. Secondly, in my opinion, it is critical of the deal with the apartment in which the registered place of residence one that is not in the number of owners should be receiving from him a written (notary) obligations of withdrawal from registration. And one only obtain this commitment is not enough: it is necessary to make sure that the above is to be registered. And this, of course, realtor, which verifies the apartment, you must probe deeply into its legislative history and circumstances of the sale. Finally, in the third. It may seem to someone not quite ethical, but it is necessary to check whether the owners are not flat, as well as those who might become them, but decided, as in this case, to refuse to participate in the privatization, registered in the IPA and Narcological Dispensary. True, the buyer will not give such information. But Realtors know how to do it. The last recommendation is not only common but also quite trivial in nature. Nevertheless, it must be repeated: do not skimp on service and real estate trust the decision of the housing problem first that fell, "a specialist in real estate." And also the one who promises a legal examination of the apartment cheaply. Believe me, dear buyers, professional expertise - it is not only very difficult but also very expensive, so cheap, such work can not be. Although there may, of course. Only in this case the quality of "expertise" is highly questionable. A risk that will take over the economical shopper, can easily lead to the loss of his apartment as well as money spent on its acquisition. And then there will be no one to blame but themselves. After a mean, as you know, pays twice

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