Lawyer Oleg Sukhov tells where the most frequent fraud double sales, and gives advice on how to protect themselves. New apartment in new building
Usually the owners know that their apartment is not only them, unexpectedly, someone finds out about it, come to a meeting in the HOA and faced with a stranger , who bought the same apartment on the day before, someone - from the announcement of the sale of its property in the newspaper. And we should not think that such fraud cases are rare. Oleg Sukhov reports, " in 2010 in South Tushino Mosnadzor revealed Image: What is the danger of" double sales ? " More than 300 cases of double sales. Only JSC " Energostroykomplekt - M" , to carry out construction in the area, during its existence has managed to cause damage to 1.5 thousands of Muscovites . Hundreds of such examples , and it is difficult to give exact figures , reflecting their real statistics in Russia. "
"Double sales " under the law protects the 214-FZ . Apartments in new buildings bought on the preliminary sales contracts , contracts of cession or investment , as well as through housing cooperatives , from this point of view, are not safe . Such transactions are not recorded in Rosreestra , and it gives the developer the opportunity to sell the same apartment several times. Thus the buyer finds out about it after a while . New handy for such scams that the victim receives a certificate of ownership long after the conclusion of the contract. This usually occurs within a year or even five years. And as noted by counsel , in practice, has seen cases triple sales !
Not always "double sale " apartments is intentional crime. Sometimes the cause of negligence becomes banal builder. The risk of such sales increased if not involved in the construction of one developer , but several. Especially when one of Image: What is the danger of "double sale" ? Them out of the project , the remaining share held by him square between them , including real estate investors already purchased , and put them up for sale again. As a result, the same apartment can form two owners .
Oleg Sukhov says: " Known and another popular option when housing allocated according to the investment contract to the city authorities , mistakenly sold to citizens. Subsequently, the administration claims the apartment and the court takes it from equity holders . These and other situations may lead to deprivation of legitimate buyers of property , and sometimes difficult to understand what lies at the heart of the offense - unscrupulous developers or random error . "
Who is the owner of the apartments sold twice?
If you are the victim of a "double sale" , the first thing you need to do - apply to the court for recognition of the right of ownership. If the rights to the apartment in the court stated multiple shareholders , the decision will be made in favor of those who previously signed a contract with the developer and paid it . If you went to court late, and there is already a decision on the recognition of the apartment owner for another buyer , then the developer should claim damages . Of course, by the time the return money on a new apartment , most likely, will not buy . If the developer had to go bankrupt , then you generally left with nothing . Can be comforted by the fact that the law of the head of a company must spend behind bars 10 years , but not always retribution is the culprit.
Preview : What is the danger of "double selling " How to protect yourself ?
Oleg Sukhov advises :
- Buy housing contract equity in the building . Here registration transactions in Rosreestra required , which reduces the risk of losing rights to the apartment .
- Before buying a request for help from Rosreestra registered on the property title and encumbrances , if it turns out that the apartment owner or another against her debate on the transaction must be abandoned.
- Do not be seduced cheapness ! If you sell an apartment for 1.5 million rubles, and the market is worth all three , it is not for your beautiful eyes.
- Buy from a reputable developers who have long been working in the market and have a good reputation .
- Transaction can be insured , then the insurance company will have to check the legal purity of the transaction. But this service is paid : 1-4.5 % of the apartment price .
"Victims of double sales up more than 15% of all defrauded investors . At the same time , practice shows that about half of those affected by their own carelessness and blind trust construction company. Therefore, even at the stage of the transaction need to treat it with extreme caution or seek competent legal support "- sums up the lawyer Oleg Sukhov.