According to practitioners of "First Capital Law Center," the number of attempts of fraud in transactions with the suburban real estate is not only not diminished but rather increased by 12% over the same period last year. On what ways fraud suburban real estate market remains the most prevalent, says Oleg Sukhov, a lawyer for the "First Capital Law Center." Method number 1 - Property for sale no papers
The first way - selling companies, calling themselves builders, homes with land in the absence of, both the property and prepared documents for them. "Perhaps the method is considered the most ambitious at the present time, due to the boom in purchasing power and the growing interest of population to suburban real estate, as well as the complete absence of a mechanism of civil and criminal control of these relations and the application of penalties for crimes carried out. For example, creating a kind of a limited liability company, which began selling plots of land with a promise to build them houses. To be more convincing sometimes erected a very beautiful house, to demonstrate that the construction is in full swing. Then in the next two to three years by selling top all comers cottagers still existing homes and land, then the company disappears, "- said the lawyer Oleg Sukhov.
The scheme of this method of fraud is very simple. Within a short period of cheap building materials is being built a house without compliance with any building codes. For example, without a foundation or structural binding compounds. Then the house is sold at a cost of 1 million rubles, with reference to the fact that he had just decorated the property, respectively, at a higher selling price to be paid substantial taxes (13%). At the same time remaining true Tseat home is made as the cost of land. So, the following: the buyer pays 15 million rubles for the cottage and they acquired the land, of which 1 million rubles to the documents paid for the cost of a cottage and 14 million rubles for the land (in fact the opposite is true, however, later proved that nearly impossible). Six months after the transaction or house collapses or splits at the seams. "Well, if the violations shall be removed, even by large multi-million dollar investment. However, it is often the case that made in the process of construction flaws do not allow the house at all and it is subject to demolition. Such a precedent in my experience took place in the Odintsovo district, Moscow region ", - said the lawyer A. Sukhov.
Method number 3 - Selling homes and land with forged documents
The third method of fraud prevalent not only in the suburban real estate. It houses for sale and land with forged documents and fake power of attorney. "With this type of fraud I have ever encountered in Sergiev Posad, - says Oleg Sukhov. - In the city limits located land area of 17 acres with a house being built on it. The owner of the property was sent to a "place not so distant," his wife and children had disappeared somewhere, and here are familiar of the owner, without hesitation, two years' pustavaniya "land and houses on it, have issued a forged power of attorney prepared by deal all the necessary documents and sold the property for a considerable sum. "
Method number 4 - for sale according to preliminary contracts
The fourth method of fraud is very interesting and rather common. It is a suburban real estate for sale on the preliminary agreements with a further refusal to sign the main contract of sale. Let us consider in more detail. It's worth knowing that preliminary agreements are not registered in the registration services, and that their problemsEMA. Ie such a contract is not a tool that protects the buyer against fraud. So you can not pass the preliminary agreements for future property large sums of money. However, in practice, many buyers eager to buy a suburban property in connection with its location, or an interesting price, to pay the house and land on the preliminary contract for the full cost or at half the cost of such facilities. Crooks taking money for pre-contracts, refer to the need of real estate in this manner in the absence of any documents and the necessity of obtaining them in a certain period of time. After signing the preliminary contract and paying a property may be alienated a few more buyers in a similar way. As a rule, after receiving the money from the maximum number of buyers, the seller disappears.
Method number 5 - House for sale to several persons simultaneously
The fifth method of fraud in the suburban real estate buyers - sale of property to several persons at once. In its legal nature, it is very similar to the previous, above views of the crime. The only difference is that instead of the preliminary contracts are the major sales contracts with several or many buyers in the following way. Seller rogue places ad to sell homes and land. Then in the next few months negotiating directly with the maximum number of buyers on the date and time of the transaction, while taking on all potential buyers down payments.
Signing the main contract will be in a certain period of time, for example, 10 - 40 days after receipt of an advance under the pretext of a formal allocation of time and the buyer and the seller to collect the necessary documents for the transaction. In fact, it requires time swindler to find NAImore customers. Next deceptive is the following: fraud agrees to sell his suburban estate, for example, with six buyers, from three of 10 am on Monday, with the remaining three of 13 hours and 17 hours in the day. The parties negotiated the deal and transfer the registration of contracts on Wednesday. The next day, Tuesday-dealer fraud, at the same time - 10 hours, 13 hours and 17 hours is found with three other buyers, sign the contract and take the money. On Wednesday, the seller in the transaction does not come.
Method number 6 - hijacking plot
Six ways to deceive buyers - a hijacking plot in long-term use is not its owner (one year or more). The implementation of such crimes is possible due to gaps in the existing land laws and practices of design in land ownership, which reduces to the fact that the holder, having a plot in the property and having a certificate or order of the local authority will only formal owner, if no inventory documents on the site mestorazmeschenii registered in Rosreestra. One gets a simple situation: you are the owner of the witness on the ground, it is registered without registration and location of the site. You do not use the land for some time, for example, 2 years. Your neighbor orders surveying business, citing the fact that your neighbor site belongs to him, "surveyors" make out surveying work, send it to the House of inventory or Rosreestr where your land is registered under number neighbor site with the issuance of documents to him, where the boundaries of his new site contain a full and your land. Thus, the neighbor's land area is greatly increased, he sells it and receives a large sum of compensation than it should be. This kind of precedent in my experience twice.
Method number 7 - Illegal renting expensivethereby replacing costly land
"The Last of the proposed consideration of ways to deceive buyers in the suburban real estate - selling or renting an expensive long-term lease of land plots in the absence of reference to the transfer of land administering entity. This type of fraud is more famous for no amount of deception, and their huge cost, ie for sale or land in the most sought after places - coastal strip reservoirs, nature reserves, or sold or leased at once a large land area, estimated acres - usually a country house or commercial building. The majority of such transactions are carried out with the help of "his people" at Companies House when the first renewal of the earth comes from the state or municipally owned property in commercial structures, and then she sold the real estate market. These are commercial companies, and are fraudulent, remodeled over the federally owned land without the consent of the owner - the Russian Federation, or remodeled the ground, generally not subject to alienation of private property - the lands of indigenous lands, forests and riversides of the rivers and lakes and nothing. Similar arguments are now in my last two years are considered in the Mytishchi city court and city prosecutor's office Mytishchi "- said the lawyer Oleg Sukhov.