Those wishing to buy property are increasingly ask: Do I need a broker ?…
Those wishing to purchase real estate is increasingly ask: Do I need a broker? The argument for cooperation with the agent - a surge apartment scams. The argument in favor of non-service realtor - their cost. Alas, there are risks in both cases.
agreeing to purchase a spacious apartment in an elite new building on Lesya Ukrainka in Kiev, Olga and Alexander had no idea that crowding in a large-scale fraud. Externally, the deal looked quite secure. The seller said that he had purchased a home builder, provided all supporting documents, own key, opened the door to the apartment buyers. When the newly minted owners of luxury real estate came in BTI to register a contract of sale, it became clear that this house … in the capital there. More precisely, he was put into operation, and all documents in an apartment provided by the linden seller, have managed to change the locks in a strange house, turned out to be counterfeit.
most telling insult - from fraud costs nearly $ 1 million (the cost paid for housing) did not save the realtor's office with the support of a known name. Should I take the fate of the deal in their own hands?
Crisis Mathematics
Official pricing for the services of estate agents, compared with the pre-crisis period, virtually unchanged (up to 5% of transaction amount). Although individual interviews realtors insist that they are ready to dump fee to 4%, in practice, successful bargaining can not please everyone. To economize, shoppers are increasingly resorting to the independent search for homes. Make it the easiest on the Internet, where there are free regional databases with advertisements for the sale of flats only from the master. However, some sophisticated buyers have resorted to more cunning (and less honest) way to save on real estate agent.
In principle, bypass the realtor, even if he had picked up an apartment, it is easy - Odessa says Vitaly Antonenko. - Buyer concludes with the agency agreement, which spelled out that the realtor showed him a certain number of options. And if any of They suit the buyer, realtor gets a percentage of the transaction. But I liked the apartment after seeing the broker could independently find a seller and a deal without the help of intermediaries. Moreover, bought house drawn up against his wife, so even a realtor formally entering into contracts with me, not may bring claims.
refused the services of real estate agents, still have to spend money on legal assistance in thepreparation of contracts and analysis of documents (up to 1% of the cost of purchased housing). But the challenge to double-check history apartment is quite possible to cope on their own. By the way, do recommend it, even when the operation on the home buying passes with all the traditionally attached to her actors. Especially against the background of the mass appearance on the Ukrainian market of real estate speculators. Isolated cases of fraud have been before, but it seems that the recent work of criminals put on stream, - says Andrey Sokur, CEO Capital Academy Alliance-Brock. - Over the last few months our notary suspended six transactions Apartments - every time he had doubts about the authenticity of documents. After that, the sellers simply disappeared.
your papers!
first thing you should ask the landlord to pay a deposit - the originals of the documents confirming that the property belongs to him (the certificate of title, contract of sale, exchange, product data, etc.). After all, some fraudsters manage to get advances simultaneously on several gullible buyers, without first providing a single document in real estate. Recently, these crooks have found employees of one of the leading construction companies in Kiev. In the summer of employee sales come across on the Internet at the announcement of the implementation of the unauthorized premium class apartments owned by the developer. Apartments they learned on the layout and types of windows. We called on those ads in the guise of customers and asked to send proof of ownership, by fax . Of course, nobody sent - the company said.
But even after getting acquainted with title documents to leave with the earnest money early. Alas, the paper can be forged very good level.
Andrew
Sokur told how this summer the members of his agency during the transfer of the deposit from the buyers 'mistress' apartment revealed the fraud. The suspicion aroused Help - BTI characteristics - font in the document is slightly different from the classic version. Broker, doubting the authenticity of the certificate, he immediately went to the ICE office, where he discovered that she is a fake. Then it turned out that every single forged documents, and in the passport provided by crook, perekleena picture. I personally call the police. fraudsters admitted that she paid only for the fact that she comes into the office, sign, and take a deposit.
Visually identify a fake is not always a virtue, even an experienced lawyer. To verify the reliability of the seller of securities, experts advise to become a reluctant detective and personally go through all the organizations issuing the documents in the apartment. Do not spare the time and effort, and to private interviews with tenants, concierge and security guards, during which may arise from circumstances not conducive to buying. For example, in Ukraine there is no single registry of court proceedings, so find out whether the stretch of flat court cases can only be in a personal intelligence.
If you liked accommodations located in the new building, to weed out suspicious offers can talk with the builder about the most banal - I sold the flat, or whether it is in its ownership (as described in the case of fraud), as well as more detailed details.
Buying an apartment in the facility under construction at the investor should apply to the financial or construction company, which sells apartments in this site and find out whether this investor to invest, what investment, if he had any debt, what are the conditions of the contract - advises Alex Govorun, deputy director general construction company TMM. Naturally, more detailed data provides the developer with the consent of the seller (as often and the staff of BTI or ZhEKov). But if the landlord has nothing to fear, he will find time to help the buyer make sure the purity of selling housing.
Trust but verify
Where can collect the most information about how flat
- BTI : authenticate spravki-harakteristiki/izvlecheniya from the Register of ownership rights on immovable property (depending on locality).
- Local government (GUZHO - for Kiev): to find out whether the certificate issued, if the ownership of the apartment and decorated them.
- Notary : check whether there are prohibitions on the sale of apartments through Gosudars-idents of the register of mortgages, the Unified Register of prohibitions on the alienation of real property registry charges of movable property.
- ZhEK : to determine whether the certificate Form 3 of reality and whether outstanding utility payments.
Alexander Subbotin , lawyer, partner of UK Tarasov and Partners:
- uncommon apartment fraud, in which the buyer loses the deposit. In the preliminary agreement, which is during the transfer of the deposit, indicates the date on which the parties must sign the final contract of sale of real estate. When the appointed date is reached, the seller deliberately did not answer and the link does not go. The right of the buyer in this case: no later than the specified date of the preliminary agreement to send to the Vendor a draft contract of sale (a valuable letter from the list of contents), and come to a notary public and make a request to confirm attendance at the appointed time and place ( If a clear time and place of the transaction were not specified in the preliminary contract, you can install them by sending a letter, for example, together with the draft contract). Then later you can return to court bail or to conclude a contract of sale.
Alexander Borodkin , attorney, senior attorney law firm Vasil ÐšÐ¸ÑіÐ»ÑŒ i Partners:
- All the essential information regarding the apartment provided by the seller, can now be independently cross-checked by the buyer on the public record. Main - ownership - you can check the Register of ownership rights on immovable property, which are BTI. The buyer may ask the seller together to go to the TIB, to personally ensure that documents are not forged. Mortgages, restrictions on alienation and taxation of real estate you can double-check the arrests of several registries available to the notary. Usually they check the actual day of the transaction, but, if desired, the buyer can and to independently verify their transactions with any notary. In the passport agencies can obtain information on persons in the apartment (the seller must write down all the tenants of the apartment, and if there is registered the children - to obtain the consent of the guardianship authority to alienate such flats).
Maxim Kopeychikov , lawyer, partner of law firm Ilyashev and Partners:
- Buyer must guard if the apartment has the following characteristics. It sells a representative by proxy, with no opportunity to contact the owner (usually, it is motivated by his stay in the trip), the sale is carried out on duplicate title document, the owner of the apartment is a lonely elderly not living in the apartment of a man. Typically, power of attorney is a fake, and title documents - or intercepted, or duplicates. Verify the authenticity of the power of attorney is possible only through communication with the issuing of a man. Even the fact of its registration in the register of attorney does not indicate clearly that the principal actually sign it. In general, any apartment can be problematic because, for example, the seller could not make it to the authorized capital of a business entity that can not be traced on the public registry of transactions.
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