Insurance losses from the apartment, why not take its customers?

The introduction of foreign experience in Russia - a process that is very different. Somewhere in all the great thing is, our citizens, for example, learned how to ride well on foreign cars, eat hamburgers and watch on TV idiotic talk show. In another - the problem. Say, did not take root in our real estate title insurance. However, strange as it seems at first glance: when reading the specific realities of surprise as a matter of evaporation. What is it? In view of the low public awareness, to begin, you should probably with the most elementary questions. Thus, title insurance - a protection against the risk of losing the rights to this property as a result of the impugned by third parties. In other words, the physical risks (fire, flood, etc.), and legal. The point is, no doubt, right. Some time ago at the initiative of the corporation "BEST Real Estate," was held on theme "round table", which was announced by a curious figure: only one month in Moscow, was delivered on 27 court decisions, which resulted in good faith purchasers of the housing lost their apartments. And this is bona fide purchasers - the transaction by which they got an apartment by themselves blameless. The trouble is that the real estate market in this country for almost 20 years, and many apartments are passed from hand to hand several times already. And if in this chain of transactions "curve" recognize at least one - this is sometimes enough to the current owner (even a thousand times in good faith) lost his apartment. Against this background, the idea of ​​insurance seems only possible and sensible. But look at what specific conditions are invited to do so. The "them" and have "Title insurance, for example, in the United States rests on two" pillars "- says Michael Gorokhovskiy, first vice-president of the corporation" BEST Real Estate. " - Firstly, it is indefinite. The man who bought the property, insure it once and for all life. His heirs - yes, it is necessary to insure already to his name. But also only once. Second, there is no fixed amount. More precisely, the amount of insurance would be so, what is needed to purchase exactly the same property at current prices. " Consider the last argument in more detail. For example, 20 years ago, you bought a house for $ 100,000. And protect it. Now someone takes you to court, the court finds that the house you need to withdraw. It is clear that prices have changed over the years, now the house is worth $ 500 thousand, and compensation of $ 100,000 is then simply a mockery. So, according to American rules, you get exactly half - as long as there is a house today. Also important and the question of the price of services. It tells M. Gorokhovskiy, at the June congress in Moscow real estate experts were from the United States, which voiced the figures: 0.4% of the price of the property (at the time of contract) plus $ 250. Agree, not so much to the rest of his life to sleep peacefully. Now that we have. Of Art. 942 of the Civil Code is called "Essential Terms of the contract of insurance." Among the conditions that must be reflected, called the "sum insured" and "term of the contract" (§ § 3 and 4 of Part 1). Thus, emasculated the idea of ​​title insurance. You can, of course, constantly renegotiate contracts - for three years, then another three, etc. But the pleasure will be very expensive - our insurers agree for the same 0.4%, but not for life, and for the year ... As they say, feel the difference! You have the floor! Of course, writing about the topic and do not ask themselves the insurers would be just weird. We asked - a list of questions went to the press service of half a dozen insurance companies. First, press secretaries happily agreed, but then quickly appeared different emotions. In general, the answer has agreed to only one person - deputy. CEO "Regional Insurance Centre" Nicholas Yermakov. Him and give a word. According to experts, there are at least three reasons for our good people do not want to insure. The first - the lack or absence of information on the real situation with avoidance and deprivation of property rights. "The state has created a system in which neither the realtor nor the notary or registrar does not really bear any liability for adverse effects, if these effects are not a direct consequence of grossly unqualified or illegal their actions - said the expert. - On television or in other media leaks a small fraction of cases, no benefit from social tensions. " The second reason - taking people at face value the assurances of Realtors that the deal is clean. Realtors objects actually checked, but it usually applies only to the last transaction, while there are hidden defects, which appeared much earlier. And the third - the general lack of insurance culture, short term commercial insurance. Insurer status in our society is very low - and, for example, from western films shows that their insurance agents may conduct an investigation. "Fires and accidents on television every day, that's all run and insure against natural disasters - sums N. Ermakov. - But the "title" - this is something very strange. " Of course, a respected expert is debatable - in detail. However, in general, in our opinion, he is absolutely right: the conditions for the development of title insurance is not created, and the blame for this lies mainly in the state. Even if you do not take the above mentioned article. 942 CC (and who does not like the laws of the State to correct!), There are many other nuances. For example, in the U.S. registration of the property is built on the so-called "Torrens system": entry in the register of owners of rights means the firmness of his rights to that object. We, the fact that you hit the "census fairy tale" The Fed and you have given pink and green paper - a certificate of ownership - does not mean anything. The former owner shall submit to the court - and authorities discreetly aside in watching what the outcome of litigation. He wins - he will give such a nice pink and green paper still a problem. The state actually prohibits realtors to study the history of the property. Who lived here before, where the left - all in the official language is called "personal data of citizens" who collect prohibited. Therefore, a realtor, referring to the passport office for an extended excerpt from the house of the book is already becoming, strictly speaking, criminal. And by offering this passportist for chocolate or 100 rubles - a criminal twice over, because more and corrupts government officials. What does this have to insure? The most direct. The basis for this business - an opportunity to calculate the risks, and in such a "troubled waters" of this and do something impossible. As a result, insurers either do not want to do such strange things, or wring the service fantastic interest. Perhaps the client does not want to. Feeling short-lived substitutes for the public interest, and the pursuit of marketing goals, too, several major players have entered the Moscow real estate market in their own time warranty certificates. In the year 2004, they were actively promoted as a press release sent to journalists then - and do not count now, though, this whole venture quietly closed down. The official version (it was sent to us from one of the agencies) is that "the situation of state control over transactions is much better than it was before, plus there were insurers who carry title insurance of the property. Because the need for our warranty certificate has disappeared. " In contrast to Peter I, insists that "everyone could see the folly," we do not think so. Why not call the agency, who sent us such a wonderful text - to its press office did not reprimanded by management for such sluggish "creativity." The real reason for refusal "monsters" of the market from the certificate course in another. Inability to calculate the risks. The sharp appreciation of the objects, resulting in a rather flat, which cost as $ 100 thousand, now have to buy something three times as expensive. In general, realtors, ran into the same mines as the insurers - and hurried to get away from this market. Summary of Title Insurance in Russia remains in a state that is best described by the word "embryonic." According to M. Gorokhovsky, insured up to 3% of the transactions. That is, if we do not take a mortgage - there is insurance in the first place, necessarily, and secondly, the beneficiary is not owner of the apartment, and the bank. That happen - that bank and get insurance. And if no coercion, voluntarily - then, as I said, no more than 3%. Even more categorical Vadim Martynenko, director of secondary market corporations, "Reskor" - he generally could not recall a single instance when a person who has purchased an apartment with his agency, would be insured title. "People who have purchased through a reliable real estate companies consider themselves already safe enough - the expert believes. - We sold the apartment check with us, the word God, has not been a single case of return of the apartment owner remains in court. " And, frankly, poor distribution of insurance somehow does not seem surprising. Standard risks against which insurance can protect: * deception by the seller * negligence agent (realtor) for the assessment of housing, its intent * violation of the requirements of the conditions and form of the transaction at its conclusion on the part of state registration, notaries, realtors * violation of law committed during a previous purchase and sale transactions with this object * violations during the privatization of housing * Property, prohibited the transfer of personal property * error when processing the documents proving ownership (agreement, certificate, etc.), or documents that are the basis for the transaction (power of attorney, certificate, etc.). * Acquisition of property under arrest, prohibition, the key conclusion of the transaction * incapacitated person or partially capable citizen of the deal * capable citizen is not able to understand the importance of action and direct the deal * incapacitated entity * of all the risks - the loss of ownership by any reason, independent of the insured * stop construction because of design errors, lack of sufficient funds the general investor, inconsistency in the actions of the contractor and subcontractors * "double sale" apartments