Dangerous than buying unformed earth?

08.03.2011 08:11
Articles about real estate | Dangerous than buying unformed earth? In accordance with the Civil Code, the owner has the right to possess, use and dispose of their property. That is to say, if the land belongs to the citizen is not in ownership, but on the other proprietary right, for example, the right of lifetime inheritable possession, the right of permanent (perpetual), then, indeed, such a citizen has no right to sell the land, until not formalize land ownership.

But the process of registration of land ownership not a quick, even though the current law on dacha amnesty, which simplified the procedure. So far in the unformed state are quite a lot of land.

Related article: The fee for the land: popular questions

That's why lawmakers have extended the registration of ownership in a simplified manner to 1 March 2015, although the initial deadline was the date of January 1, 2010.

Despite the duration of the procedure and its necessity, not all rush to register the land or house. The reason is simple: in any case, the design is necessary to spend personal time and money.

But as you know, desperate situations do not happen, so many have found a way to sell ... unformed land and buildings. How do they sell unexecuted estate?

Strictly speaking, to sell something that is not yours by right of ownership, it is impossible. But sellers have found a way: they get money for their property, and registration has been doing for the buyer. To conduct a transaction can be in different ways.

Method one: power of attorney. So, if the seller has no time to engage in design area, the land sold in the form of unformed.

The essence of this transaction are as follows. Registration of land will not deal with the owner of the land, and the buyer. For this master of the earth prepares for a future buyer the authorization form on which the trustee is engaged in re-issuance of land from the right of lifetime inheritable possession (permanent, perpetual use) for the right property.

In a power of attorney established the right of a trustee to engage in design of a house or land, that is to collect, submit and receive documents related to the "amnesty" of property rights. Immediately the power of attorney may be authorized the right to sell or donate registration of real estate. Or it may be two powers of attorney: one for "the collection, filing, receiving" documents, and the second on the sale or donation of immovable property. Once the representative will receive a certificate of title, he may sell or donate the property.

Method two: the power of attorney, plus a preliminary agreement. There are also options for processing through the power of attorney plus the preliminary contract.

First is a preliminary contract by which buyer and seller agree to conclude a future contract of sale area to the house.

Then the land owner gives authorization for renewal of the site. According to this document trustee prepares for the seller the right to own land.

And after all to be signed, parties to the transaction beyond the finish line, then there is the fundamental contract of sale of property, all registers, and the buyer becomes full owner of a country house with land.

Typically, in such transactions, a seller wants to get paid for the property immediately, that is still under power of attorney and a preliminary contract. True, the price for the property in such cases may be somewhat lower than the already drawn up by all the rules of law.

Formally, both of these options do not violate the law, allowing, in principle, to give power of attorney to any person, who would rather deal with the owner registration site or at home.

The conclusion of the preliminary contract and not prohibited by the Civil Code. As stipulated by Art. 429 Civil Code, by prior agreement the parties undertake to conclude a future contract on the transfer of property, works or services (main contract) on the conditions stipulated by the preliminary contract.

But despite this, problems for the buyer of such schemes may be sufficient. Consider the main possible negative consequences.

Situation One: The Power of Attorney for further processing and sale. Landowner draws on the buyer the authorization form on which the latter will be engaged in registration of land with a subsequent sale.

In this situation, a person acting by proxy, will not be able to sell the land with the house itself. Not entitled to it and give himself the property. In accordance with Clause 3, Article. 182 Civil Code, the representative can not make transactions on behalf of the sending for myself. He was also unable to perform such transactions in respect of another person, of which he is simultaneously, except in cases of commercial representation.

What happens? The buyer paid the seller for real estate, power of attorney redesigned the seller's rights to land - well, he did all the work for the seller, but he has no right to buy (sell) a house with land, as it will act on behalf of the seller (by proxy ), and on behalf of the buyer.

Impasse? Fortunately, no: in this situation there are two exits.

The first exit: the seller and the buyer must sign a contract of sale of immovable property. That is a contract of sale the seller must sign it personally.

The second solution: the person who issued the warrant for sale, that is, the buyer sells the property to your friend or other relative who can then sell or donate this property to the buyer.

The last option is associated with extra costs to pay the state fee, in addition, it takes more time.

In addition, there is a risk that the "good" friends do not want to leave and then real estate, inherited by them as well.

On the other risks that arise in situations where a warrant was issued only on clearance, either in conjunction with a power of attorney is also a preliminary agreement, read in continuation of this material.


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