Why is it important
Related article: How to buy and choose the plotEvery year, the country canceled thousands of transactions of purchase and sale of real property by reason of partial or total disability of seller, caused by diseases or disorders of the mind, says General Director of "Medical-psychological centre of individuality" (MPCI) Igor Kolotilin.
"Every transaction may be challenged and invalidated in the presence of a mental disorder in any of the parties to the Treaty. Therefore, with the aim of eliminating the risks involved, the interested party must, simply must, to ensure proper condition of the second party to the transaction day," insisted the lawyer, and the President of the Guild of lawyers real estate market Oleg Sukhov.
Before the registration of the contract as an insurance lawyer recommends to request and receive from the psycho-neurological dispensaries (PND) and narcological (ND) help or information that the test person is not registered. Everyone has the right to obtain information about the state of your health, including information on the results of a medical examination.
And on the day of the transaction you need to call the experts: doctors specialized in psychiatry, neurology, to formulate the conclusion that at the time of signing the contract of his side fully understood and appreciated the consequences and the nature of their actions, says Sukhov.
The details of the procedure
The day of the deal agent, with the consent of the person subject to examination is to place the real estate transaction of a psychiatrist in such a way that the latter arrived in about an hour and a half before the start of the transaction. The agent takes care that place to the examination when the transaction was secluded and free. The first is required for confidentiality, and the latter for compliance with the regulations of the transaction. Physician psychiatrist takes approximately 40 minutes — 1 hour examination of one person.
A psychiatrist must be submitted prior to the examination, provide a copy of license for provision of mental health care, check to clarify the law on psychiatric care, and to consent to a voluntary examination, confirmed that written consent. Only after this, the psychiatric interview.
After this, the psychiatrist writes a conclusion on the appropriate letterhead and confirms the seal and signature of the individual (applying to this copies of their medical records, a copy of the license of the organization he represents), it is desirable to have a patient card, for archiving data.
If necessary, the specialist may be summoned to court as a witness. After examination the medical report is transmitted to the person examined, together with the realtor who represents him.
A reason to be suspicious
If a person categorically refuses psychiatric examination, his strange behavior at meetings, the total illogic of the proposed transaction — all of this should alert the other party. The risk group also includes people in the age after 60 years. And, of course, evidence of the treatment of PND, the presence of help from HDPE with a streamlined wording.
In principle, to detect any signs of a mental disorder, you can own. You can use the following methods:
1. Violation of orientation. Ask where and why they came the customer? If he knows the current date, month and year, time of the year?
2. The memory impairment. Be submitted to the client, and then during the conversation ask to call a name, a patronymic of the notary or a realtor. Ask the client to inform on your own passport details (birth year, date, month and age). Ask the client to name the place of residence and to ask how and with whom he reached the notary's office.
3. Impaired attention. Here you need to observe the behavior and statements of the client. Signs of attention disorders: distractibility; inability to hold on the thread of the conversation.
4. Violation of emotions. Observe the emotional state of the seller/buyer. Signs of emotion: inappropriate cheerfulness (euphoria); decreased mood, combined with tearfulness; lability (instability) emotional state; extreme irritability, irascibility, aggression (including verbal).
5. A thought disorder. Observation and analysis of the speech of the seller/buyer. Signs: the sequence of presentation; the acceleration of thinking; slow thinking; thoroughness of thinking; the viscosity of thought; content of thought in the form of unusual ideas and concepts.
If a person found any of these symptoms, it is a serious reason for carrying out professional expertise.
To pay for the examination should the initiator of such examination. For example, if the buyer wants to ensure the adequacy of the seller, then pay for the examination will have him. However, costs may be divided equally if the parties to the transaction agree.