To buy zadeshevo, to issue quickly... Speculators are ready to help with a summer residence!
from legal practice one of leading experts has shared with the correspondent by the ground right lawyer Sergey Shugaev the most typical stories.
“ URGENTLY I SELL the GARDEN SMALL HOUSE “
that the country real estate has gone down in price in connection with crisis, naslyshany all. Therefore type announcements “ I will urgently sell a garden small house. Cheaply! “ surprise nobody.
to the buyer Flattered on a superinexpensive summer residence show lovely enough in appearance the house (frequently speculators lease it, and documents forge).
“ Sellers “ ask pledge small and consequently not inspiring fears: from 300 - 400 to 1000 dollars depending on that, how much well-founded looks the buyer. (But taking into account that “ a lovely small house “ for a day “ is on sale “ To three - to four applicants, the sums are typed quite good.) it is casually mentioned that pledge does not come back.
Is not present, “ sellers “ do not disappear. But during the following meeting “ fairly “ show to the buyer such latent defects of the house (for example, the rotted through base) that he refuses the transaction. The deposit, as well as it has been persuaded, does not come back.
Even if the buyer starts to suspect that on it have put, to prove this fact difficult enough - actually he has come to a trap...
it is necessary to mean that when speak about almost 50 % falling of the prices for the earth in Moscow suburbs, it is a question of cottage settlements. With modest summer residences and garden small houses a situation another - offers with the crisis beginning, to the contrary, were sharply reduced (well who will want to leave darling potato beds during dashing times?) And on sadovo - garden real estate of the price especially have not decreased. And if to you offer “ strong “ the house in garden fellowship zadeshevo, most likely, either at the house, or at a site is any latent defects.
“ we WILL help With REGISTRATION “
Alas, even country amnesty has not facilitated life that who should register the rights to country real estate. To help in “ support of the transaction and registration of all necessary documents “ swindlers are always ready.
the Most popular scheme looks so. The buyer of a country house concludes with not which company the contract “ on rendering of legal services “. As a rule, the office of the company of doubts in its solvency does not call - these swindlers play on - large and money for presentableness do not feel sorry.
Further - attention! - To the employee of firm the notarial power of attorney on representation of interests of the buyer (more often " leaves; the “ the notary - type that without turn).
Once again attention! In the list “ services in support “ the contract conclusion on a bank cell where the down payment for the transaction (usually is put enters these are 35 % from a sum of transaction, i.e. house and earth costs - can present, how much it will be in absolute figures).
As soon as the down payment like would appear in a cell, begins “ a telephone dynamo “ - the manager on a trip, call tomorrow... Eventually to the client frankly declare that anything about a bank cell do not know. As well as about the employee to whom the power of attorney has been written out. The contract on legal services - yes, is, and more was nothing... A down payment? What down payment?
In the bank named “ the authorised representative “ The buyer also the nobility do not know - if there was a contract on cell rent, it consisted other person.
! According to our expert, the majority of the citizens who have got thus, writing out at the notary the power of attorney, do not ask to itself a copy. And it is the unique document which can serve in such cases as the proof of a cheating for court! Even if it will be possible to find in any image disappeared “ the authorised representative “ this person, naturally, from all will open. As a rule, and actually the notary appears false, therefore any records in the notarial books confirming the fact of an extract of the power of attorney, naturally, no.
BY THE WAY
cases when it was possible to speculators to raise money and with whole sadovo - country co-operative societies - for the help on registration of sites within the limits of country amnesty Are known. Together with a collective down payment the firm also evaporated...
it is important
do not get to a trap
Our expert Sergey Shugaev warns: today`s ground speculators arrange the affairs in such a manner that formally from the point of view of the law to show to them claims and to prove malicious intention extremely difficult. Therefore the main form of protection - own attentiveness to details.
Alas very few people from potential buyers of country real estate represents what precisely documents are required on the house with the ground area and as they should look. Partly the matter is that confusion with the legislation which for last decade changed repeatedly. As a preventive measure be not too lazy to climb see you with the seller in the Internet and to find the necessary legal information (in particular, can come into section “ Country real estate “) .
Attentively read all contracts which sign. If it is the contract on rendering of legal services in what these services will consist? Normally - so far as concerns concrete result. For example, reception of the certificate on check in of the property right to a site. At swindlers this point is always registered vaguely - so to bring to their court for default of treaty provisions it is impossible.
Besides, pay attention on:
- conditions of cancellation of the contract or the termination of its action,
- the rights and duties under the contract,
- exact instructions not only legal, but also the actual address of firm,
- presence of point that are obliged to inform you on change of co-ordinates of firm - addresses, phone - and as it will be carried out (it is desirable - by phone or electronic mail, instead of by usual mail),
- remember that the deposit and advance payment - not same; if it is a question of the deposit, this sum at your refusal of the transaction does not come back.
Check powers of notaries. All of them should be registered in the Moscow state notarial chamber of Moscow. (The complete list of notaries of Moscow is simple for finding in the Internet.)
These documents on the earth should be at the seller
- Pravoustanavlivajushchy the document (reflects how the earth has got to its present owner). It can be the certificate of local authorities about granting (transfer) of a site in the property, the contract of purchase and sale, donation, meny, the certificate on the right to the inheritance and etc.
- Pravopodtverzhdajushchy the document (confirms that the property right to the earth, following of pravoustanavlivajushchego the document, is officially registered and recognised by the state).
the Most modern and reliable document - the certificate on the state check in of the property right (green colour).
- the Cadastral passport of a site (not to confuse to plan BTI!) .
the High-grade modern document should be given out Federal agency of a cadastre of objects of real estate (till March, 1st, 2009) or Federal Agency of the state check in, a cadastre and cartography (after March, 1st, 2009)