Apartments of nonexistent people
So, we will begin with rather new scheme of a fraud. It is connected with purchase of apartments in houses under demolition.
For example, you decided to purchase secondary housing which got to the person instead of the house, old after demolition. Such apartments often are in new houses. External everything looks is transparent.
But in this situation it is necessary to check not the new, but old, demolished apartment. The most widespread false scheme is manipulations with the real estate of the died lonely owners who had no relation to the people selling you housing in a new building. Under the law the apartment (a so-called heiress property) shall pass to the state.
But according to “gray” schemes of a conclusion of similar subjects of the transaction are made with the person who at the time of document registration already died.
ate that since 2000 transactions can be confirmed in a regular written form, and state agencies aren’t obliged to verify authenticity of the signature on the regular (not notarial) agreement. But sooner or later law enforcement agencies nevertheless determine the fact of forgery of the signature, and new unlucky owners should pay off.
Today the Moscow Department of city property challenges similar transactions quite often, filling up thus a housing stock for distribution between people on the waiting list and other exempts.
The changed consciousness as the reason to challenge the transaction
Other type of dangerous transactions is connected with owners who have alcohol, drug addiction or have the diagnosed psychiatric disease in the anamnesis. To reduce risks, buying such apartment, specialists recommend to cause for the transaction of the psychiatrist.
It is correct, but not always solves a problem. The doctor will be able to fix a condition of the seller only at the time of the conclusion of the transaction, but not to trace general dynamics. Therefore, the transaction all the same can be recognized after a while as invalid (if it turns out that the person nevertheless didn’t realize the actions).
In spite of the fact that alcohol intoxication in the administrative and penal legislation is considered aggravating, in case of transactions the state can take the part of the seller. So, the judge is obliged to deprive of the property right of the buyer of the apartment (including the pensioner or the child) if it becomes clear that in case of the conclusion of the transaction the rights of the seller were violated or if, signing the agreement, he was drunk or couldn’t direct the actions because of mental disturbance.
Ability to smooth acute angles
Happens that after purchase of the apartment in it the heap of shortcomings is found, and the buyer tries to recognize the transaction as invalid. For example, in our practice there was a case when the buyer, having moved to the apartment, found out that in it it is constantly very noisy because of close laid tram ways, and tried to cancel the transaction.
Many sellers consciously show the apartment in the “correct” time — for example when noise from transport is muffled by a general rumble of the street or when there is no house “difficult” neighbors. Of course, on these bases to recognize the transaction as invalid it will hardly be possible, but litigious persons like to submit similar pseudo-claims.
If you sell the apartment and you don’t want further claims, it is important to add to the purchase and sale agreement there was a point that an object is inspected and its quality characteristics suit the buyer.
Guilty though guiltless: minor residents
Very often minor owners also “participate” in fraudulent schemes. For example, in order that it is easy to get permission to sale, children from guardianship authorities write out to the relatives living in regions. In some districts of Moscow (for example, the Central Administrative District) guardianship authorities don’t grant permission for sale of the secondary real estate which is owned for the purpose of simultaneous purchase of a new building. That is guardianship in the Central Administrative District considers documents, only if the property right to other apartment is already had.
However if to write out the child to other region, then for the seller matters will significantly be expedited. As a rule, the farther from the center, the law enforcement is more loyal, and cases when guardianship grants permission for sale of the apartment even more often meet while no real estate is bought. Such object can become problem for the buyer subsequently.