At a meeting in the framework of VII Russian Forum Real Estate Leaders RREF seminar on "How not to be deceived by truckers" experts say is the most popular situation where the acquired land can not be used as a full-fledged suburban area. These are cases when time thwarted summing utilities are sold to sites that are under arrest, as well as areas in specially protected areas, where construction is prohibited or restricted. In addition, according to Catherine Lobanova, a company representative, "Zemer", there are cases when sites have a category of agricultural land, but sold under the guise of categories of land settlements.
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According to commercial director Uniparx Service Alexander Kovalenko, when buying the land necessary to pay attention to the design contract of sale of land. It must be prescribed by the basic characteristics of the plot - the cadastral number, area, location, category and type of permitted land use, as well as the agreed value. In addition, the seller under a contract of sale must provide the buyer with the information available about the burdens of the site and restrictions on its use. Check for possible charges, asking the seller an extract from the Unified State Register of rights (EGRP) on real estate and transactions therewith, issued Rosreestra.
In addition, payment of the cost of land is best done through a bank, and the value specified in the contract, shall comply with the real value of the site. Transfer of land by the seller to act of transfer signed by the parties. The transfer of ownership to the site must be registered with the Federal Reserve.
Deputy Director of the Legal Department of the company Veles Capital Development, "Yvette Sudarikova notes that" the alarming bell "may seem a failure the developer to show the buyer the design or construction contracts with contractors. "Formally, the developer has the right to not show it. But if the parties operate transparently and without any violation with respect to the buyer, while the construction goes, why should the seller sites by all means to hide the documents?" - Ask an expert.
CEO Grinlayf development "Vartan Avet adds that before buying need for an opportunity to review the schemes of territorial planning, which develop in local government. "These documents define the destination sites on the distant future - he said. - And, for example, may well be that some areas now sold, but on it in the future should take the railroad."
Beware of clever schemes
As commented on the situation GZT.RU chief marketing officer of the company "TransRegionInvest Tatiana Mukhina, there are tangible risks when buying a plot at the initial stage of sales. "The fact is that initially most of the sites are agricultural lands. For a country building need to be reissued with a change in the category of use under the country house construction. The process is not fast and, sometimes, the company sells the land, promising to change the category later, and does not fulfill his promise. As a result, the buyer may be left with a plot of agricultural land on which construction is impossible. There is a danger and that the site generally will not be issued in the ownership of the buyer - the use of various "clever" schemes. But I think now deceived truckers getting smaller. The buyer was more educated and more rarely fall for the sweet promises ", - says Tatiana Mukhina.
"I do not think that the amount defrauded truckers increased. This phenomenon was typical for most of the initial formation of the market. Now the market has already been formed, sufficient information, buyers have become more literate. Incidentally, the term" misled summer resident "is not quite right. Speaking of deception or fraud on a suburban market can not "- in turn, believes the commercial director of" Native Land "Vladimir Yefimov. According to him, if the market share of construction of apartment buildings is enough to rent a site for construction to begin raising money holders, then the developer has at least a land ownership.
"So even in the worst case, the buyer stays with the land, but not with empty hands. Therefore, on a suburban market can only talk about non-performance or partial performance of obligations by reason or another. These companies are, but they are already well known to the market. There are perhaps only one option of selling land, which can be regarded as an extremely flawed with respect to buyers, certainly not with a profound and specialized knowledge. It's for sale sites in the townships, formed on land not intended for dacha construction, gardening or individual housing construction. convince buyers that they can be built, and as a result of buyers do not have the opportunity to register their home and outbuildings, "- says Vladimir Yefimov.
Do not chase the cheap
According to Efimov, on the other hand, some of the responsibility in such cases lies with the buyers - in fact the document clearly and unequivocally recognized type of permitted land use. And if you say "sow" means to sow, rather than build. "So people, seriously approached the issue of land acquisition, not chase the suspect cheapness is unlikely to be deceived in their expectations," - said the expert.
According to Director of Corporate Development NAMIX Vitaly Vdovin, a common binding factor for all cases of cheating customers is the failure by the developer of their obligations for the construction of facilities and (or) physical infrastructure. "To solve this issue must be prescribed by law, in court or appeal to the police. What we are now seeing in Moscow and across Russia, where citizens actively enough together to protect their rights" - recommends Vdovin.
According to Vdovin, NAMIX recommends that in addition to contractual obligations to pay attention to the credibility of the company, its experience in the market, the number of objects have already surrendered and sold plots without a contract. "Oriented companies in the business for long-term perspective, is simply unprofitable to deceive and impose additional burdens for individuals," - summarizes the expert.