Wednesday, November 16, 2011

The main methods of fraud scams under the guise of "real estate"

Buying or selling real estate in Russia may be associated with different variants of fraud. Practice shows that the seller or buyer to deceive as may in the performance of mediation, and in representing the interests of the buyer or seller. Lawyer Oleg Sukhov, a leading lawyer of "The First Capital Law Center," gave examples of the most common types of fraud schemes used by crooks under the guise of "real estate" or "private realtor." The first way is cheating. When a potential seller is looking for real estate companies to assist him in the sale of a property, it is always interested in the cost of the planned sale of the property. By calling or coming to the office real estate agency, the client begins the first deception, which is expressed in bringing to the last pre incorrect, distorted information about the value of the property. That is, for example, the price of apartments potential seller makes 5 million rubles, the agency also convince the seller that the value of its property is 6 million rubles, and for what? Quite simply, the greater the cost of the mediator will call a potential seller for his property, the more likely that a seller will choose this realtor. Of course, the first time real estate will be exhibited on the above inflated price, but then the seller to be made aware that the price should be reduced, otherwise the object of sale and will not be realized. As a result, real estate company gets its client, the client does not receive the promised result the sales price of the apartment. The second way of deception at once from the first. Thus, the realtor brings to the attention of his client about the need to reduce the price of the property put up, but otherwise relied on the seller and do not want to lose in value traded. The risk of leaving the seller in another agency, where, perhaps, his apartment or office will be implemented for the "good money". To this did not happen, so do not miss out on the client, a realtor in the contract with the seller to provide real estate services are always prescribed point, according to which accesses shall upon signing the contract to transfer the original documents in real estate companies. In finding the original documents on real estate real estate agency in the seller no longer has any chance to leave for another company and is forced to submit to any terms and conditions of Realtors. There are examples of how the crooks in the guise of Realtors deceiving both the seller - his client and customer. The above method of fraud was particularly relevant in 2005 - 2008's, when property values ​​grew daily. Imagine that the price put up for sale apartments at 5 million. It is located a buyer who makes an advance, ready to go out on a deal and suddenly, just before the conclusion of the contract seller's real estate brokers say the buyer that the price of the apartment had risen to 5.5 million rubles, and the buyer, respectively, have the choice to either buy an apartment on the specified value, or cancel the transaction. The purchaser understands that while preparing for the deal, it took considerable time, real estate in the value of older, while the buyer will look for another apartment, it will take considerable time, and property values ​​may rise again. Thus, the buyer has to give for the planned purchase of 500 thousand rubles, more than originally planned, and not on the same conditions, for which the preliminary contract and pay an advance. At the same time the most interesting in this story is that of increasing the value of real estate sold and the seller does not know to whom such property belongs. A bonus of 500 thousand rubles light-fingered realtor pockets. When dealing in real estate every meeting with a term such as making money on the warranty. What is it? This is a transfer or a buyer, seller or a certain amount of money in real estate under certain evidence of indebtedness, which in this case is called the guarantee obligation. Cheating here boils down to what these so-called "garantiyki" in form and content often contain conditions under which made money or not return at all, or with considerable difficulty. As there is a practice by which the data contain a warranty period of their execution, in which case the parties do not have time to keep, which leads to the deprivation of the right to a refund made by the said "garantiyke." Another way of deception, and among the largest real estate companies and realtors individuals - is to get an advance for the upcoming service realtor that can not be executed. At present, very few representatives of major real estate agencies require advance payment for their work, but if your realtor or real estate company that, which you have addressed, claims to be an advance payment for their services on such real estate should stay away. The most common forms of deception can be expressed in the fact that "Realtors" are a potential seller the person who was not legally entitled to dispose of it issued on the property. This property becomes the property of fraudsters or their associates, assistants on forged documents: wills, powers of attorney, court decisions, other. This activity is directly subject to criminal liability in connection with the presence of a crime - fraud, but the "experts" on the property, or entire organizations that hide behind the real-estate signs, that does not stop. Here are some examples of their practice, when real estate agents with forged documents to sell the apartment. First example - fraudsters forge one of the decisions of the Moscow district court, the operative part of which is the recognition of property rights for a specific person to a specific apartment. Yes, the apartment is, but man, that it is registered, has long disappeared or died. Fraudsters obtain this information, forged a court decision recognizing the right of ownership to their rights and register such a right. This example is not possible without the participation of employees of the passport, residence permit and are engaged in excerpts, as well as for extracts from the house of the book, which are necessary for the transaction. Furthermore, executed by a court apartment is resold several times and after half a year - two years, sold to a potential buyer. Another example is dying grandmother, who is the owner of the apartment. Fraudsters fake make out a will in his own man and make out inherited an apartment. Then sell it. Persons who are actually entitled to the property - an apartment, it's legal heirs or grandmother, or the state, as heir to the escheated property. In the event that occurred with my clients, the right to the apartment said the State Department in the face of the housing policy and housing in Moscow as a representative of the state of housing in the city of Moscow. The Department failed to prove in court and sue spuriousness wills apartment. A third example: the owners of apartments go for a certain period on vacation or business trip. On behalf of counterfeited power of attorney to sell our apartment and the right to receive cash. The apartment, accordingly, no one lives temporarily, what are realtors and Emergency Services by implementing access to the apartment. Thus, the apartment is shown to potential buyers, who explained that the owners had gone to another country and left his friends and family documents and the keys to the apartment. By the way, these apartments are not necessarily receive duplicates of documents, such documents can be stored in the same apartment, which provided access to fraudsters - realtors. After a certain amount of time the former owners of the real and the buyer - new, but controversial owners to meet face to face in the apartment, and this meeting will not be very pleasant for both parties. It should be noted that all three schemes of fraud problems could be avoided. Sellers and buyers need to remember that all documents in the apartment, the whole history of the apartment deal carefully enough can be checked by lawyers, and to make transactions via the seller's attorney, I do not recommend it.

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