Monday, November 7, 2011

How to cheat apartment raiders

The concept of raiding, usually referred to commercial real estate. However, raiding is not less significant distribution in respect of residential property. Buying a flat share in this type of business primarily engaged in "black PR" and former lawyers. These persons have a very good understanding of the pricing of real estate market, to be a psychologist familiar with the criminal and civil laws. Friendly relations with the government security forces are a major plus. So, what is it, raider seizure bought the apartment through the share in it. Imagine that the dwelling has several owners (this is possible, as a rule, in obtaining an apartment by inheritance or privatization). The share of one owner is insignificant, or significant, but due to a small area of ​​the dwelling to use this share by application owner is physically unable to. To get anything from such property, he is ready to sell it for nothing. This apartment and enjoy the raiders. Buying, for example, half the price of the share of one-room apartment for 10 000 dollars, they begin to create for other tenants to move in unbearable conditions, ie inhabit themselves or podselyayut dubious people. Importantly, all in line with current legislation. Victim not able to actually enjoy their share of real estate, is living in her previous individual or family. Only one way out - to somehow leave. What do the focus and the raiders of real estate. The apartment is sold for 150 000 dollars and this amount is divided equally between the owners, tenants and owner-raiders. As a result, the raider makes a profit equal to 65 000 dollars. Immediately should mention that with this kind of activity "black estate" can and must be fought, including the judicial methods. However, a very important point in this case is the property index and strong nerves. That is why the Raiders refuse to turn the machinations of this kind with people of strong character who have at least some connection, and a little wealthier - to force these owners to sell an apartment, and even move into it, or someone sat down, in practice it is rather difficult for a raider . Apartment for sale partially capable person So, two very similar examples that have occurred in my practice over the last short period of professional activity. The first example. Flat for sale, to be paid on the value to 1 million rubles, in order to avoid paying taxes. The new owners are happy and enter the acquired dwelling. It takes six months, cash received by the seller on the transaction for a walk. Further, the seller goes to court to recognize the transaction as invalid on the grounds that at the time of its commission, he abused alcohol and on this basis "had problems with his head," and therefore not fully aware his actions in the sale of its only home, more that does not even like it. As part of the trial court shall appoint a drug and psychological examination, which confirms the dubious behavior of the seller at the time of the transaction, and as a consequence, the basis for the court to meet the requirements for recognition of the contract null and void. The former owner is now nonexistent, and the present owner and has every right to move into an apartment. An example of the latter. A solid, well-dressed salesman sells his apartment. There is no doubt that such a seller may be something wrong. The transaction took place, the money received, the apartment is sold. A month later, former owner of the apartment - a solid-looking man goes to court with the requirements for recognition of the transaction null and void, and gives the court a certificate from the neuropsychiatric clinic that he was 10 years old standing there on the account. The court in this case, appoint a forensic psychiatric examination, but such examination shall always confirm the seller's limited responsibility, which again will serve as the basis for recognition of the purchase contract void. Upon recognition of a transaction as invalid the court recognizes the right of ownership of the seller, in this case will determine its obligation to repay money received from the transaction. Seller moves into an apartment and does not have to live quietly former customers. There are relations of extortion - give me another half price of the apartment, and I lag behind. There is a cleverly-planned way to raid the apartment, on which virtually impossible to prosecute.

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