Fraud in sale of real estate continue to be more widespread. Each year, swelling the ranks of apartment scams, inventing new types of fraud schemes and existing - are improved. But often for protection against thieves, home buyers need to know basic things.
The main method used by fraudsters - challenging the sale and purchase agreement. For this purpose, any, sometimes the most unexpected reason. Typically, these sellers are initially withheld from the buyer's information, which would become a reason to cancel the transaction.
It can be:
1. The presence of the owner (or co-owner) properties of mental disorder, because he is inadequate, and do not understand the significance of his actions (is registered in the mental hospital);
2. Registration in an apartment person, who is serving a sentence in prison;
3. Failure to include minor children in the number of owners during privatization;
4. The presence of the owner's wife, who can lay claim to a share of the property;
5. The presence of the heirs, whose rights were infringed upon when entering into an inheritance;
6. Invalidity of power of attorney, which sold for housing.
7. Error municipality in issuing a warrant for the apartment (eg, for various social programs)
Theoretically, it is the duty Realtor - check all the information and make sure the legal purity of the so-called real estate. But in practice, mediators do not have enough power to complete the audit, and many are lazy to do even what they could. In addition, data obtained by the agent in the preparation of the transaction may not be transferred to the court, as they were received "special" order. Clerk, recording the transaction, and denies any responsibility. He only writes out the certificate of ownership on the basis of the documents, although this simple procedure and play a whole month.
When in 2002 the Civil Code introduced the concept of "bona fide purchaser, it was thought that this would solve everything. If the buyer does not know and could not know that he had purchased the property from a person who had no right to alienate it, the owner has no right to demand his property back, except for certain cases. In practice, this rule does not always work. Fraudsters are finding ways to cancel the transaction, and the court surprisingly turns out to be on their side.
And those who help themselves
Some experts believe that the government should go further and legalize the rule according to which a registered transaction is not subject to cancellation. But such an extreme, too dangerous, because it makes vulnerable the former owners of real estate. In residential raiders enough ways to take home not only to the buyer, but also a long-standing legal owner.
Among the major include:
1. Counterfeit power of attorney by which the property is sold;
2. Forgery wills, and sometimes the death certificate is long absent person;
3. Falsification of debt and the sale of an apartment "for his debts."
One thing is clear: if the error was caused by the officials (the illegal privatization of illegally issued a warrant for social housing), then it should be responsible for that person or government agency, who made a mistake. In other cases, the state must guarantee the rights of any bona fide purchaser, or at least give him the opportunity to learn the full story apartment and all the transactions. Meanwhile, the personal data vendor and individuals who have previously lived in the living space available for the applicant's apartment and his representative.
Anything that can (and should) make buyers willing to deal - is to carefully study the documents of title to the apartment, as well as an extract from the Unified State Register of Rights FRS RF. The certificate of title provides information about possible encumbrances (mortgage, arrest), and the contract of sale (or other document, which became the basis for registration of property rights) - the conditions of buying an apartment today's seller.
Headache can deliver a good realtor, but its capabilities are limited, too. Gives certain guarantees title insurance: if in the event that the court void the transaction and the loss of ownership of the property to the client to pay the full market value of the apartment at the time of purchase. However, for the policy will have to pay 1-2% of the purchase price (per year).
But in the case of a lawsuit against your property you should immediately seek the legal services agency, through which the purchase apartments, or to lawyers specializing in housing matters. Tightening it is impossible, since any judicial act may be appealed to the limited time frame.