In the field of investment construction, real estate investors when apartments are sold at the stage of excavation or ready-made houses, the activity of many construction companies, developers in a particular part is in violation of the law. The Criminal Code, which can be incriminated developers, rather diverse, but the most common offenses were fraud. Do not think that "solid" developers do not violate the law, "Do not think that the investment and construction companies that have a pretentious name for a long time or have worked in real estate and are widely advertised in the media, do not break the law - says Oleg Sukhov. - In practice, things are quite different. After all, how to sell their apartments at a very dubious schemes and contracts of sale, if your construction company do not already know? A lot of people defrauded real estate investors have become my clients, It is in advertising and high-profile names, but never checked the documents for the construction and never contacted the lawyers for legal support of transactions. Unfortunately, the mentality in our country there was a way that we still believe that we will not be deceived - it is this and are crooks. " As noted by Vadim Gorzhankin, CEO of communications agency "Red Word", which specializes in PR-promoting real estate market participants, "Today PR-services are used by all - both of which are present on the market two decades, and those that appeared just yesterday. So, if you want an "authoritative" builder or real estate company in the eyes of potential buyers flat, slightly familiar with the real estate market, you can "blind" from anyone, would be money and desire. Personally, I would not rely only on solid today the agency office or at any skill spread rumors about family relationship builder with a powerful man, holding a chair in a kind of powerful state structure. It is better to trust in a reputable, and most importantly - an independent lawyer. " As a foreigner buying a cottage, "Once I asked for legal advice on the recommendation of the foreigner. He had to buy a cottage with land in the Moscow region - says lawyer Sukhov - he picked up for a few options, but could not figure out how to pass the deal, how much and what he has to pay. My client is a foreign thought that our Russian relations in the sphere of real estate acquisition there is some trick that he can not understand, not being a lawyer. After talking with me when I checked all the documents of the objects they picked up and explained the proposed scheme of real estate acquisition, for it was all much simpler and easier. He realized that there is no data in ways nothing special, but these relationships are built on complete trust or to the developer, which is not based on anything and is immune from error, or a hoax. This client is very long and indignant with his usual thoroughness argued, why not buy real estate in our country. From the deal, he refused. " Examples from "So, returning directly to a scheme of work developers have to understand that the sustained high demand for housing far outstrips supply, allows construction companies to raise funds of citizens, without regard to the implementation of investment contracts. Here are some examples of deceit and fraud, construction companies, with whom I've met in practice - says lawyer Sukhov. First example - three companies that are in a huge office in central Moscow, which is very similar scheme to sell the same items that were never built in the last seven years: "Empire", "VNL", "Project Invest A ". These firms, which call themselves developers, sold apartments in the construction phase (which is not even hit), presenting a resolution to customers of the government of Moscow allegedly planning a building. At the same time said decree was repealed long ago, but hundreds of people do not even bother to verify this information. With regard to other documents, which permit the construction or implementation of apartments, no more documents of these companies were not available. The result: employees of companies convicted and interest holders were left with no money and no apartments. Later the same and new facilities for the same fraudulent schemes was implemented, another company - LLC "right choice". An example of the latter. JSC "Energostroykomplekt-M" has a very negative and certain work practices, many hundreds and even thousands of people were left without apartments, and no money associated with this very large at the time the builder. Here is one of many examples of fraud this company. So, CJSC "Energostroykomplekt-M" sells apartments in two houses, having the co-investment agreement with the main developer of the construction. This co-investment agreement clearly stated terms of settlements between the two companies, as well as the contract provides that in case of non-CJSC "Energostroykomplekt-M" co-investment agreement specified the contract automatically becomes null and void, and vice versa - in the case of payment of the contract the parties signed an act of mutual. None of the shareholders who have purchased apartments in CJSC "Energostroykomplekt-M," not asked the above-mentioned act. While in fact the main contractor has terminated the contract with JSC "Energostroykomplekt-M", designed for all the apartments themselves, and then double resold them to other persons, and the interest holders are left with a very unclear outlook for apartments. An example of the third. JSC "Ranket" sells the contract to the client investment apartment. Due to the delay of construction interest holders is drawn to the court for recognition of property rights in this apartment with a view of the fact that the house was built, but the ownership of it will not be issued. During the trial, it appears that the company "Ranket" in general is not an investor of construction, forged and sold the contract does not exist in nature apartment. By the way the case was similar with CJSC "Astika," which has sold my client instead of the office the entire first floor of the house with an elevator, a place for the concierge and access stairs hall. In both cases, and initiated criminal proceedings under way. An example of the fourth. All the same company ZAO "Astika" sold the apartment for cash in the construction phase and as a confirmation of payment receipt gave out cash orders and letters signed by the Director-General, confirming receipt of funds. Upon completion of construction it was discovered more than 70 double sales. When checking the bank accounts of the court found that the funds received in cash from customers employees of JSC "Astika," on account of the company are not listed. The result of this sad story is that all interest holders who have paid for the apartment in cash (and there were dozens), and left without money and without apartments. Excited criminal case no apartments, no money is not returned. An example of the fifth, one recent. Developer ZAO "Mosoblpromstroy" before the bankruptcy - in order to finally enrich your leadership - sells dozens of apartments, which are actually included in the share of the city. Additionally, sales contracts are dummies CEOs who have no right to sign documents, and fake seals. And the apartments are sold in ready-built houses, and that does not give cause to doubt the real estate investors moving in soon. However, the outcome of this story is very sad, apartment real estate investors have not been transferred, and in connection with the bankruptcy of the funds so far no one has not returned. In addition, the developer in this case, to claim to be impossible, because all the responsibility, including a material nature, will be the ones mentioned above dummy CEOs that adorned the deal and receiving the money. You can bring a huge number of similar examples, but the sense in which only one: when purchasing flats trust only an experienced lawyer, no one else, including real estate companies or their lawyers, you will not be able to provide competent support when purchasing an apartment in the construction phase and to protect you from fraudulent construction companies.
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