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Housing Real Estate Fraud: Legal Advice and Precautions

Today, property of citizens quite often becomes the object of criminal assault. People get into unpleasant situations for various reasons. Mostly by their credulity and lack of knowledge of the law. One of the most popular crimes today is considered real estate fraud. 2017 the year was marked by the introduction of new state registration rules. Now you can register an object in another region, and not just where it is. According to experts, this innovation creates favorable conditions for criminals. Let us consider the most common types of real estate fraud. real estate fraud

The relevance of the issue

In the modern conditions of society, no one can be completely insured against risks. As practice shows, many real estate transactions are invalidated after the transfer of funds to fraudsters. In this regard, experts recommend paying great attention to security issues at the initial stages of registration. If in doubt, you should refuse to conclude contracts.

Enslaving agreement

Real Estate Fraud can be expressed in different forms. Criminals come up with new schemes of deceiving citizens. One of them is a bonded contract. It is with an intermediary company. Usually, this is a small company, in which quite friendly people work. At the same time, employees have excellent psychological skills, are able to distract attention from the main aspects of the transaction, and focus the victim on irrelevant details. After signing the agreement, the client is offered various objects that are not suitable for his requirements. As a result, the client loses patience and begins to insist on termination of the contract and return of documents. However, such an agreement stipulates that after a unilateral refusal from it, a citizen will not be able to make any real estate transaction within a certain period. You can terminate the contract, but subject to payment of compensation to the company. Its size is calculated depending on the value of the object. Such real estate fraud is common in large cities, where there are a huge number of realtors. Nonresident citizens usually become victims of criminals.

"Dead Souls"

Real estate fraud can take very sophisticated forms. For example, the client is invited to buy out a database of property owners. As a rule, this is called purely symbolic (in comparison with the real estate fee) the amount of 5-10 thousand rubles. The client agrees, pays the agreed amount and receives a database. When he begins to ring objects, it turns out that some of them do not exist, some are rented out or sold. As a result, a citizen loses money and time.  real estate fraud

Apartments with tenants

This is another common form in which real estate fraud. The acquirer, even having fulfilled all the recommendations of specialists, may not be aware of the owner temporarily discharged from the apartment. This situation occurs, for example, in the case when a citizen is serving a prison term, is being treated in a specialized medical institution, etc. For the appropriate period, he is discharged from the premises.However, it retains the possibility of reverse registration at the place of residence upon return. This rule applies to cases of sale of real estate. In order not to become a victim of such a situation, you must contact the passport office or the local (village) administration to obtain information on persons temporarily deregistered.

Encumbered rent

Real Estate Fraud It became widespread, as was said above, due to the ignorance of the norms of legislation by citizens. So, for example, when concluding a lease agreement, the subject must necessarily obtain the consent of all owners of the premises, living and registered in it. Quite often, after the conclusion of the contract, a person suddenly appears who opposes the transaction, or another owner of the object, which moves in with the tenant. In order to avoid such incidents, it is necessary to make sure that all interested parties have put their signatures in the lease agreement.

Fake documents

Almost always housing real estate fraud due to falsification of securities. At the same time, criminals have extensive experience in fakes. Often false documents are very difficult to distinguish from the originals. In practice, there are cases when criminals fake wills, after that they draw up objects for dummies, and then put them up for sale at very low prices. When a real successor appears, it will be practically impossible for him to find his property, as, in fact, of intruders. types of real estate fraud

Legacy frauds

Real estate fraud may not be related to falsification of documents. Often criminals provide victims with false information or are silent about any important information. For example, there are situations when the owner did not notify of the presence of other heirs to the property. As a result, after the transaction, the remaining successors file a claim with the court to declare it invalid. All this is fraught with large financial and temporary losses.

Intermediaries

They are known to be mainly real estate agencies. Fraud can be expressed in unfair assistance to citizens in the acquisition of objects. Previously, this scheme was very common. As a rule, such fraud in the real estate market was aimed at poor people, pensioners, orphans. Unscrupulous realtors offered these citizens assistance in finding a suitable property at an affordable cost. Potential customers were taken out of town, shown spacious and solid houses. However, after the transaction was completed, people received non-residential buildings in abandoned and remote villages. Currently, the state has taken a number of measures aimed at protecting citizens. In particular, an exchange of housing, which is occupied by a large family, can be made only with the consent of the authority of trusteeship and guardianship. Authorized instances are required to verify the purity of the transaction, which, of course, scares off scammers.

Collusion of the owner and realtor

Usually this real estate fraud common in the field of rental facilities. A potential customer contacts a realtor or an intermediary company. The latter quickly finds an object that meets the requirements. The client transfers to the owner the amount for the first month, and to the realtor - pledge and commission. But after some time (a week or two) the owner of the object appears and says that in connection with the circumstances, he can no longer rent the premises. As a result, the client can at best receive a deposit. As for the commission and payment of the first month of rent, the realtor and the owner will divide these funds among themselves. They will hand over the room according to this scheme and further. real estate fraud

Document spoofing

A few years ago, the following criminal scheme was distributed. The intermediary offers assistance in finding an object and drawing up a contract. As you know, clients, turning to realtors, sign an agreement on the provision of the latest relevant services. However, instead of this document, victims are given a power of attorney to conduct all business with real estate or even a gift. By inattention, the client signs the paper. The document can be challenged in court, but this will be problematic. It is worth saying that according to this scheme real estate fraud today almost never done. This is due to the fact that the signing of the agreements requires the presence of a notary or other competent person.

Interest holders problem

Real Estate Fraud - a crime, which at one time was often committed by unscrupulous developers, offering legal entities and citizens participation in promising construction. The scheme in this case is quite complicated. That is why to reveal such real estate fraud It’s not easy. Interest holders transfer their funds to one company, it transfers them to the second, and the third company erects the object itself. The first organization that collects money violates obligations to the following participants in the scheme. They, accordingly, terminate the contract with her. The first company, having collected a rather large amount, simply disappears with it. Interest holders, in turn, turn to the company, which should build a house. But the company absolutely honestly declares that it has not signed any contracts with anyone, and therefore has no obligations. Another form in which real estate fraud, - financial pyramids. These are usually well-organized schemes. Under the guise of construction organizations, firms take their money from equity holders. After that, various criminal measures are taken. For example, the management of a company disappears, bankruptcy takes place, the construction of an object is unreasonably delayed, etc. real estate fraud

Schemes on the Avito website

This online platform is very popular with both sellers and purchasers. Images of objects that do not belong to the person submitting the ads are often uploaded to the site. Attackers provide email and phone numbers, posing as owners. When communicating with potential customers, fraudsters report that their legal owners are outside the city and have entrusted them with business with real estate. After this, the victim is invited to transfer money to an account (deposit) in one of the most common ways. Naturally, if a citizen agrees on his naivety, the transferred funds will not be returned to him. Finding scammers is quite difficult.

Mortgage

Fraud with real estate taken on credit is carried out according to a very complex scheme. It is used, as a rule, by experienced criminals. In this case, a fraudulent loan is issued. In this case, someone else's or nonexistent property is acquired. In judicial practice, there are cases of revealing the pattern of registration of the collateral value of objects. Withdrawal of money can be carried out both from citizens and from legal entities. Banking structures are often negligent in their duties to verify documents presented by attackers. After receiving the money, scammers try to hide or leave victims with a mortgage and fake papers for non-existent objects. real estate agencies fraud

Features of criminals

Who commits real estate fraud? As a rule, such agents are realtors. It can be both independent agents and small firms. Of course, criminals cannot work for a long time. In order to stay on the market for some period, people create fake companies for fake securities, quickly change the name of the organization.Often fraudsters act through fake citizens, move from city to city, change employees, and forge their personal documents.

A responsibility

For fraud, the current law provides for criminal penalties. Sanctions are enshrined in 159 articles of the Criminal Code. The mildest punishment is a fine, and the most severe punishment is imprisonment. The choice of measure depends on the circumstances of the crime, the availability of qualifying features, the magnitude of the harm caused. Despite the risk of being held accountable, people still decide to commit a crime. The main motive is self-interest, the desire for easy profit.

Legal advice

How not to become a victim of a criminal? Experts give some simple recommendations. Citizens entering into real estate transactions:

  1. All documentation provided by the owner should be checked.
  2. When renting a dwelling, it is necessary to establish the number of registered persons, to obtain consent from each resident in writing. If it is intended to use a commercial property, only a formal agreement certified by a notary should be concluded.
  3. To check the burden / restrictions, you need to request an extract from the Unified State Register.

No need to be afraid to seem too suspicious to someone. Real estate transactions involve the transfer of large amounts. Solving problems subsequently takes time and additional funds. In addition, qualified legal assistance is often required. His services will also be paid. real estate fraud

Features of evidence

When making real estate transactions, you should be vigilant and collect all available information about the property and the owner. Of course, these materials may not be required, but it is better to play it safe anyway. If the transaction is made by fraudsters, all the information and documents will be useful in court. When proving a scam, they will help restore all the events in a chain. It is also advisable to have witnesses who can confirm certain facts. Therefore, you can take any of your relatives or friends to complete the transaction. In order not to fall into such situations, you need to contact only trusted real estate companies that have existed on the market for a long time and have managed to establish themselves well.


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