Real Estate Transactions: Who will answer?

09.10.2010 09:50
Write an algorithm of the safe transaction when buying or selling real estate to consumer participants gathered round the table, which was held in Tyumen, September 28.

The main question raised at the meeting - who is responsible for the transaction in the property market. As it turned out exactly therein lies most of the pitfalls.

The first floor have lawyers, denoting the range of problems, which often are subject to ordinary citizens in transactions of sale. Chairman of the Bar "Tesla" Sergey Chernetsky noticed that in most cases, problems arise in the recognition of transactions void. When, for example, the transaction is made on a fake power of attorney, or when a seller or buyer acting in good faith in transactions on the secondary market.

"There was a case where the authorization was granted for three years, but the person that issued it, died a year after signing the document. Accordingly, when two years later was made the deal, later it was declared invalid", - said Chernetsky. Another popular example of an "impure" transactions where the contract of sale may actually understate the cost of the apartment.

The seller does this to avoid paying tax on profits, but the buyer, if you suddenly have to cancel the transaction, there can be problems with the return of money for an apartment. Illegitimacy of redevelopment may also be a stumbling block when making transactions. In general, according to Chernetsky, court cases in the real estate market are ongoing.

It is considered that to avoid problems when buying and selling apartments to help realtors. Chairman of the Board NP Association of Realtors in the Tyumen region "Julia Panteleyev said that in Tyumen, about 60% of all transactions done through real estate agencies. This percentage is achieved due to the fact that in today's most complex transactions, when an apartment or take a mortgage, either by the state program, or is just a chain of transactions.

In all these cases, you want to collect a large set of documents, and people who are not privy to the details of business, can not cope. But realtors are not immune from mistakes and by law any responsibility for the support of the transaction do not bear. Lawyer Tyumen Bar "Tesla" Julia Fatkhullin noticed that realtors are no clear standards governing their activities. "No wonder so many are now talking about a federal law on real estate activities", - she added.

However, the director of the Academy of Sciences "Floors" Ildar Khusainov noticed that even in the new law spelled out the responsibility of real estate activity will not be. Realtor serves only a consultant, "in fact he was a regular prodazhnik. In addition, the law will not be spelled out the cost of real estate services. The client wants to realtor bore full responsibility for the deal, but this requires large amounts of working capital, which in most realtors do not.

"We are not yet ready to take on this responsibility," - he said. Meanwhile, according to Khusainova to somehow protect themselves from fraud, the consumer must look only to the major real estate agency, which has its own insurance fund.

Julia Panteleyev, adding that the purchase and sale of real estate must comply with the Office Rosreestra the Tyumen region, it is this structure of checks within 28 days of all documents on the legality and authenticity.

Head of state registration of rights to objects of shared construction of the Office of the Tyumen region Rosreestra Svetlana Krivosheeva noted that Rosreestr invalidates only a paltry contract concluded, for example, on behalf of disabled people or minors. In this case, a lot of questions arises in a contested transaction, their Rosreestr invalidate can not. Perhaps only the suspension until the elimination of all violations, or until a court decision.

Another serious problem for the consumer - the absence of sufficient and reliable information on real estate services. "Right now, the cases of fraud in the rental housing when there is a substitution of notions. That is the consumer offering for a fee only information services, while the client waits for further support of the deal.

But in fact it turns out that even the information services are of poor quality: provides phone numbers, where apartments have either never surrender or give up, but long, "- said Deputy Head of the Office of Consumer Rospotrebnadzor in the Tyumen region.

Services to insurance companies on real estate transactions are distributed, but only after the transaction will be recorded in Rosreestra. And as you know, the greatest risk when buying an apartment there is just an intermediate stage, when the deal is concluded, but the new owner is not yet in Tenure.

The deal, after registration, of course, also subject to risks, but they're less divisible. "You can insure the loss of property rights, the so-called title insurance. It operates when the apartment suddenly claiming their rights heir, and the court apartment goes to him," - says general manager of sales to corporate clients branch LLC Rosgosstrakh in the Tyumen region Ludmila Pohlebuhina.

The consumer does not know the essence of the real estate company, he was an elementary need to buy or sell an apartment. Accordingly, if difficulties arise during the transaction in the first place, he asks with a realtor. Therefore, real estate agencies need to clearly prescribe the subject of the services provided, and then the problems will not arise for determination. "Real estate companies should be responsible, but should clearly prescribe the document for what and to what extent" - believe the roundtable participants.
Did you like the material?Subscribe to our newsletter
Your comments:
Your opinion will be the first. Thank you for reading this article. I wish you happiness! Please share your opinion in the comment below.