Property is privately owned, the right to which is protected by law. However, the illegal sale without the consent of the owners are not uncommon nowadays Certainly , it seems to sell the apartment without the consent of its owner is impossible. But unfortunately , life proves the opposite : it is a crime against private property are the most numerous . Lawyer Oleg Sukhov, President Lawyers Guild real estate market , talks about the typical ways such fraud .
Black realtors and " psevdoagentstva " Property
The most famous way of fraud use ~ exactly as inauthentic agencies and realtors. Usually activities of such persons is initially aimed at cheating, they would never have dreamed to provide services to the public . That is why such figures tend not to attract attention , their services are not widely advertise. Such agencies nondescript office where almost no staff.
How does the scam itself ? Very simple. In general, any real estate agency for the transaction asks to leave the original documents in the office property . This is done to ensure that the client first, did not go to a competitor , and, secondly , that the documents were on hand to not have to pull the client , in a word , to speed up the whole process . Fraudulent agencies are asked to do the same, but for a different purpose . Oleg Sukhov tells how in this case there is deception , " Black realtors take original documents , " concocting " a fake power of attorney , as well as a contract of sale , and then using the links in the passport offices , notary offices , registration service , and other organs , style illegal transaction of expropriation . Committing a crime , the office quickly leaves the office ( good and there is nothing to carry ) and reopens , but at a different address and a different name . Normally this scammers change and " wait " staff " company." In this way, the most " successful " the criminals to 15-20 transactions per year. "
Do not think that this market was in its early years , and now everything is just civilized. For example, in this , in 2013, in the Penza region was defused by a gang of black realtors who sold the apartment without the participation of their owners. They were taken from their host instruments and sometimes steal them when the owner turned in their agency to exchange or housing privatization . Having seized documents criminals selling these apartments using twins victims! "Bandits found accomplice , similar to the landlord , it is sometimes a little make up , and then visited with him a notary and all registration authorities . Issuing a "deal" , the fraudsters disappear , sometimes killing the owner. On account of several dozen criminals such episodes . The saddest thing about this story is that it is absolutely typical . Such cases are found in all regions, " - says the lawyer.
Illegal actions of relatives and friends
The second way of cheating related to illegal activities with relatives or friends . There is even a passport and documents are collected from owners of the apartment because of the " trust " relationship. Usually the goal is stipulated is not related to real estate. For example , it is necessary to legalize alterations or to privatize . Having received all the necessary documents , the scammers sell the apartment and disappear with the money.
Oleg Sukhov notes that such deception is now much rarer , but still happens. So five years ago in the Ryazan region lived a mother with her son. Sometimes they lived peacefully, sometimes quarreled over mother's son from his first marriage , who is constantly hiding from angry creditors. Youngest son owned two apartments, which got him by inheritance from his father and grandfather. Mother had owned two-bedroom apartment . First hapless son housing rented . Once the eldest son got into trouble , he could only help large amount of money . Mother turned to the youngest son , but he refused . Two days later, an exemplary son flew away on a business trip to the North, and the keys and documents from one of the apartments gave mother that she has looked for housing and at the same time beginning to draw the planned redevelopment . However, the plans of the mother were different. She forged passport trusting son and sold homes . Naturally, all the money went to pay off debt hapless eldest son. When the younger all learned it naturally applied to the police and a lawsuit . As a result of a long process transaction yet been invalidated .
If the owner does not appear for a long time in the apartment
The third method of fraud is usually aimed at the apartment in which the owner does not live . For example, the owner lives abroad or is in a long trip , but here his apartment, villa or cottage idle completely empty . This property is a lure for scams that first long and carefully collect information about the owner , and then, if it turns out that he does not appear for a long time in an apartment or a house , forge documents and power of attorney on the property and sell it .
Oleg Sukhov said that " recently in the Irkutsk region was convicted for fraud organized criminal group of eleven people. Criminals are selling someone else's apartment in Angarsk. SCAM disguised as representatives of social services went home and found out from the neighbors , which of the apartments are empty , and went to their owners . And if the owners dropped on a long trip , went abroad or simply not show up for months in a house, speculators began to act . First of all, they forged passport present owner , on behalf of the fabricated power of attorney , and then 'sold' apartment to their friends or " homeless ", which in turn gave way to housing bona fide purchaser . Initially same attackers penetrated the apartment by breaking doors banal . Keys - was not. Then inserted into the new locks and gave dwelling "commodity" view . "
Thus, the right to private property is not protects you from fraud . Of course, all narrated cases - criminal offenses , but in any case will have to prove his innocence in court. The fate of the bona fide purchaser of your property even sadder , their money spent it should recover from speculators , and it is practically impossible .
How not to get into this situation ?
To protect themselves from such accidents , follow the advice of Oleg Sukhov :
- Do not give anyone the original documents to the apartment ! And if you pass it , it is very detailed and meticulously describe a proxy responsibilities that you assign a representative. In any case, these powers should not apply to the sale of property .
- Only use a large and proven real estate agencies .
- If you had to go to a little-known realtors , check their reputation on the forums on the Internet , look at the data about their company on the website of the Federal Tax Service on the " test yourself and the counterparty ."
- If you are in doubt about the honesty of their relatives and the more familiar , then do not give them the original documents to the apartment.
- If you leave the shelter for a long time , then put it under official protection . With such a property does not usually bind .
- Leaving on a business trip or abroad, particularly charge trustee check property and periodically displayed neighbors , so that they understand that the home is cared for .
- Do not neglect the services of lawyers in all real estate transactions.
- And if that's what you want probresti property then always reconciliation at passport seller with his personal card to the police. Conscientious seller agrees , but the scammer disappears immediately .