Fraud schemes when buying an apartment, how to avoid fraud when buying an apartment

The secondary real estate market is an area for scammers to operate. Fraud in the sale of an apartment is so widespread that citizens are deliberately afraid to buy and sell housing for fear of becoming a victim of a crime. The information contained in the article will help you protect yourself.

Fraud is a crime, the punishment for which is provided for in Art. 159 of the Criminal Code of the Russian Federation. If the court proves that illegal actions have been committed, the swindler faces a fine of up to a million rubles, imprisonment for up to two years, or correctional labor for up to five years. The preventive measure is chosen depending on the severity of the crime and other features of the case.

Fraud during the sale of an apartment by the seller

Typically, the same strategy is used most often in the secondary market. The transaction is carried out, the buyer parts with the money, then the transaction is disputed, the purchase and sale agreement is terminated, and the buyer is left with nothing.

However, scammers are very inventive. Every year new schemes of deception when selling an apartment are revealed. Let's talk about known types of fraud.

Figurehead

The attackers use the owner's civil passport. This can be either a real document, if the swindler looks like the owner of the property, or a passport with a photo taped over.

In judicial practice, there are cases where a criminal entered an apartment during a period of long absence of the owner, found his passport, privatized the apartment, and then sold it. Nowadays this is not easy to pull off, but the straw man scam is used quite often.

If you lose your passport, you should immediately inform the police.

On show it’s one thing, but in reality it’s another.

This fraud scheme was especially common in the 90s, but still occurs today. Scammers change the designation of the apartment or residential building number (in documents and in kind) and show a property suitable for the buyer. After completing the transaction and transferring funds, the buyer discovers that he bought something completely different from what the seller showed.

This seemingly primitive scheme still works today. Be extremely careful. Carefully study not only the interior furnishings of the apartment, but also the external components of the purchase - the house, the street, the area.

Receiving an advance

An advance payment guarantees the conclusion of a purchase and sale transaction in the future. This is what the scheme is based on.

The buyer is shown the apartment. He likes her, and the parties enter into a preliminary purchase and sale agreement. The person makes an advance payment, after which the scammer disappears. Later it turns out that, for example, the tenant acted on behalf of the owner, and the title papers were forged.

It is not easy to prove anything in such a situation. The preliminary purchase and sale agreement does not confirm the transfer of money. To protect yourself, fill out a receipt.

Transaction by proxy

Remember the famous phrase from the film “Beware of the Car” - “You live in the world by proxy! You don’t have anything”? That's how it is in this diagram. The fraudster, having nothing, sells the apartment by proxy from the owner. Such transactions are always risky.

As a rule, a power of attorney is issued in the case when the owner himself cannot deal with paperwork. He may be sick, old or living abroad.

There may be several tricky points here:

1. The owner may die before the transfer of ownership is registered. The deal is disputed by the heirs.
2. The person who issued the power of attorney has the right to revoke it at any time. If you haven't already done so.

You can protect yourself if you insist on meeting with the owner. It is important to make sure that he is sane, in his right mind and still has the intention to sell the apartment. On the day of the transaction, you should check with the notary who issued the power of attorney whether the document has been revoked.

Person with the right of lifelong residence

If a citizen once refused to participate in privatization in favor of relatives, he receives the right to live in an apartment for life. This right cannot be lost even after multiple resales of the property.

The fraud is that the seller does not inform the buyer about such an encumbrance. The buyer himself does not suspect anything, because no one is registered in the apartment. However, after a while, someone may move into the living space. In this case, it will be difficult to challenge the transaction.

Challenging the purchase and sale

After the transaction was completed and funds were received, the seller says that he was forced to sign the contract, and he himself would not be in adequate condition at that moment. In this case, the swindler will have a document in his hands, according to which he was not sober on the day of registration.

Before making a transaction, the fraudster drinks a large amount of alcohol and deliberately undergoes a medical examination. After this, the alcohol is removed by droppers and at the time of the transaction the person is completely sane.

The contract is disputed, the apartment is returned, but the buyer does not return the money under the pretext that he does not have it. The court, of course, will oblige you to pay them back, but in fact this will not happen.

It’s even easier to pull off this scheme if the seller is already registered with a drug treatment or psychoneurological dispensary. It is recommended to require the provision of certificates from these institutions or a driver's license before concluding a transaction.

Underpricing in the contract

Under the pretext of reducing the amount of the tax payment, an amount is deliberately written into the agreement that is less than what was actually paid. Subsequently, the transaction is disputed and declared invalid.

The buyer returns the apartment and receives the money back, but the amount specified in the contract. It is almost impossible to prove that the amount was greater.

Fraud during the sale of an apartment by the buyer

Fraudsters can act not only on the seller’s side. Schemes of deception also exist on the part of buyers, so owners should also be careful not to be left without an apartment. Let's talk about common types of deception.

Acquisition of a share

The scheme is that a person buys a share in an apartment. After this, he has full right to use the residential premises. If the owner prevents this, a statement is filed with the police.

Using their right, and sometimes connections and bribery, scammers, in the presence of authorized persons, break the locks and move into the apartment. Their goal is to morally suppress existing owners and force them to sell their homes for next to nothing.

This is called raiding. Scammers even have special Internet resources where they share the secrets of their “profession.”

It is almost impossible to resist them without the help of a professional lawyer. You need to contact a specialist and file a lawsuit.

Deception in calculations

Scammers insist on transferring money to the seller in cash. It’s worth saying right away that no arguments can cancel the fact that this method of payment when buying and selling real estate is the riskiest.

The most reliable way to transfer funds is to use a safe deposit box. You can use an even safer option and use a bill of exchange or letter of credit.

How to understand that a realtor is deceiving

Unfortunately, among the people who are supposed to help in purchasing a home, there are also scammers. We'll tell you how to recognize them.

Pay attention to the commission

The competition among real estate agencies and private realtors is enormous. This helps reduce the commission for transaction support. If earlier the interest rate was on average 3-4%, now the average price is 1.5-2.5%. There are also, at first glance, very profitable offers - less than 1%.

In this case, do not forget about the notorious free cheese in the mousetrap. The scheme is that the realtor finds a suitable option and offers the owner to raise the price, and give him the amount of the increase as a reward. After this, he agrees to show the apartment to the client.

To prevent this, be sure to meet with the seller and discuss the price without a realtor. If it is really not overpriced, then you are lucky to save on the commission.

Do not hand over the original passport

Such scams involve the use of dummies. The realtor, taking advantage of the client’s trust, takes his passport. Then, he looks for a person who resembles the owner and goes with him to a notary, where he draws up a general power of attorney for himself with the right to sell.

Then the scammer finds a buyer, sells the home and takes the money. The new owner discovers that strangers live in the apartment.

Always keep track of the location of your passport. Do not give it into the hands of others, no matter who they are.

Request a certificate from a psychoneurological clinic

The scheme here is simple. A realtor, in collusion with an elderly owner, finds clients and sells them housing. Subsequently, the pensioner goes to court and challenges the transaction, since he allegedly lacks legal capacity. In this case, only 70% of the amount paid is returned to buyers.

This can be prevented by asking the seller (regardless of age) to provide a certificate from a psychoneurological dispensary. If he refuses to provide it, there is something “unclean” here.

Don't be friends with the realtor

For the most part, realtors are good psychologists and know how to win people over. Of course, he will behave in a friendly and polite manner. However, you should not be too frank with the broker. Remember to maintain a certain distance in communication.

What's wrong with being friends with a realtor? Having gained trust, the broker will be able to manipulate the client. Serious adults have fallen for this bait many times, so if after a couple of weeks the realtor knows the names of your pets and your mother’s maiden name, think about whether you have lost your vigilance? If the realtor is not planning a crime, he has no reason to be friends with you.

Check the address

For example, a realtor needs to sell a “killed” one-room apartment that requires major repairs. It is located at: st. Lenina, building 5, building 3. Of course, in this condition, at the market price, the apartment can be sold for a long time.

An enterprising swindler rents an apartment in a neighboring building. It has exactly the same layout, but does not require renovation. Moreover, the apartment has good designer finishing, for which the realtor makes a markup of a couple of million. The apartment is located at: st. Lenina, house 5, building 4.

The second apartment is shown to the client, and the first one is sold. It’s easy to miss the setup - in residential areas the houses are of the same type, and the realtor can change the sign.

Always check the address of the house and research its location in advance. Get to the building yourself.

Unfortunately, no one is safe from fraud when selling an apartment on the secondary market. However, if you contact an independent lawyer in a timely manner, this will help avoid many problems.

Fraud schemes in real estate transactions: options for deception and ways to mitigate risks

Fraudsters use a variety of schemes to deceive customers. They use double sales, the use of forged documents, the sale of apartments rented under a rental agreement, and a lot of other ways to take money from the buyer. The latter, in turn, are less inventive: the number of schemes they use is small.

Fraud in real estate transactions on the secondary market is a common occurrence: the cost of apartments increases in direct proportion to the desire of individual Ostap Benders to take money from the population. However, in most cases, the Criminal Code is not observed on their part.

Deception options used by fraudulent sellers

Most of the described and disclosed deception schemes were identified on the part of sellers or persons posing as sellers.

Loans

An old method that was used back in the criminally famous period - the 90s. It is simple and is still used not only in real estate, but in others. Its essence is to provide a loan secured by the right to dispose of property. It has similarities with a mortgage, but the mortgage is drawn up in a separate agreement and registered.

If there is an urgent need for money, a person takes out a loan not from a bank, but from dubious offices or even from private individuals.

As a guarantee of repayment of the debt, he issues a power of attorney to the swindlers, giving them the right to dispose of the apartment that belongs to him.

Real estate can be sold at any time: if the debtor has paid 50% of the debt or has not paid anything. And fulfillment of an obligation does not guarantee the return of the power of attorney and preservation of ownership rights.

It's easy to protect yourself:

• Do not use the services of dubious persons and organizations.
• Revoke the power of attorney.

Deposit

Making a deposit (advance payment) is a normal practice when making real estate transactions. Thus, the seller and buyer demonstrate their determination to conclude a transaction on the agreed terms. But advances can also be used as a tool to take other people's money without the intention of selling the apartment.

The seller enters into a preliminary agreement with one or more buyers, the obligatory condition of which is the payment of a deposit. Its size can vary between 5-10% of the cost of the apartment.

When the deadline for returning the security deposit expires, the seller refuses to enter into the main contract. The victim goes to court, but it is not always possible to get the money transferred back. In addition, the party bears additional legal costs.

General power of attorney

Powers of attorney give rise to various types of apartment fraud. This group includes fraud schemes involving documents received from incapacitated or already deceased people, false or revoked powers of attorney.

When agreeing on the terms of sale, the buyer must see the owner and communicate with him. Thus, he will assess the condition of the apartment owner, the likelihood of him being declared incompetent (due to alcoholism or drug addiction, for example). Personal communication will eliminate other risks associated with receiving a power of attorney from a deceased person, or the actions of a representative on a revoked document.

Rice. 2. Fragment of the purchase and sale agreement and keys. Source City of Kirov

Low price

Real estate prices are high, so types of apartment fraud are often associated with the creation of an advertisement for the sale of an apartment at a price below the market price. Cheap properties are always in high demand from people wishing to buy cheap housing. Fraudulent tricks in the form of low prices are used in a variety of schemes:

• Double or triple sales. It is not necessary to bring the transaction to the point of registering ownership; it is enough to take advances from buyers.
• Sale of someone else's apartment rented under a rental agreement.
• Alienation of real estate obtained illegally.
• Selling a non-existent apartment.

Attention! A situation where the price is reduced by up to 15% for a quick sale is possible when the owners need funds. However, even the most needy owner will not agree to provide a significant discount.

Indication in the contract of a lower price for its subsequent termination

There is a practice of underestimating the actual cost of an apartment. It is related to taxation: if the owner sells real estate that he has owned for less than 5 years (previously the period was 3 years), he pays tax on the income.

In order to pay less tax or not pay it at all, scammers ask buyers to indicate in the contract a different amount, significantly less than the real one.

Sale of a non-privatized apartment

Not the most common method due to a significant reduction in the amount of state or municipal property. The vast majority of citizens have already registered ownership of real estate; not many objects remain on the state’s balance sheet.

It is difficult to sell a non-privatized one. To realize this plan, you will need a copy of the resident’s passport and his long-term absence. The apartment is opened and privatized, and then sold.

Sale of an apartment with the right of lifelong residence

This method is associated with privatization. The fact is that refusal to register ownership of the apartment entails the emergence of the right to lifelong use of the residential premises. However, this fact becomes clear after the transfer of ownership has been completed and the transaction has been registered with Rosreestr.

A person who has the right to use square meters moves into the premises through the court. The next step for the owners is to challenge the purchase and sale agreement. Even with a positive decision, there is no chance of getting the money back; scammers dispose of it quite quickly.

Fraud with documents

Methods of fraud when selling an apartment related to the use of documents are conventionally divided into scams involving the use of duplicates and the production of false documents. This group also includes the reuse of unredeemed certificates.

Table 1. Types of schemes using documents

Duplicates	Forged documents	Uncanceled certificates
They have the same legal force as the original documents. Issue is made when the original papers are lost. Another option is that they are obtained by fraudsters to commit illegal actions. Several apartments are being sold using duplicates: one agreement is supposedly registered by the seller himself, and the others by the buyers	Illegal origin is suspected. Fraudsters make them themselves or enter into a conspiracy with a notary or a person impersonating him. One or more sales contracts are also concluded using forged documents	Double or triple sales using a still valid document

Note! Certificates of registration of ownership are not issued, but they remain valid. In any case, it is recommended to check eligibility through an extract from the Unified State Register, and not solely with papers provided by the seller.

Non-allocation of children's shares in apartments

The financial support program for families, called maternity capital, has been in effect for a long time. During this time, many families improved their living conditions by partially paying for an apartment or house with allocated money. The peculiarity of this program is the obligation of parents to allocate shares to all family members, especially children.

When purchasing an apartment in a building under construction, when its transfer occurs after a long period of time, the parents sign a notarial undertaking on the distribution of shares after registration of the property. A similar document is signed in all cases where it is impossible to allocate shares immediately.

Selling housing purchased with maternity capital, an apartment or a house, is a documented and troublesome event. If only because you have to involve the guardianship authorities and draw up additional documents.

The sale of an apartment with unallocated children's shares may lead to a challenge to the transaction by the guardianship authorities or the prosecutor protecting the interests of the children.

The purchase and sale is canceled with all the ensuing consequences: the apartment is returned to the previous owners, who undertake to return the money received.

Selling at a false address

This trick is used by out-of-towners who have recently moved or are in the process of moving, but do not have sufficient information about their place of stay. It is complicated by the lack of opportunity and time to verify the purity of the transaction.

The deceptive scheme works as follows. Fraudsters rent a nice apartment in a good area of ​​the city and allegedly put it up for sale, showing it to potential buyers. But the documents are drawn up for a completely different apartment, which actually exists, but is located at a different address.

The deception is revealed after registration actions have been completed, when registration service employees make the appropriate entries in the register. Therefore, buyers are advised to carefully check the actual address of the property with what is indicated in the contract.

Rice. 3. People signing the contract. Source IpOpen

Sale of the deceased’s apartment before inheritance

Buying an apartment after inheriting carries various risks. The most popular are three schemes used by scammers.

Table 2. Options for deceiving buyers when inheriting an apartment

Escheat	Selling before inheritance	Sale bypassing heirs
This is property that remains after single people who have no heirs. Fraudsters forge documents and declare themselves heirs, after which they sell the apartment	The sale of the apartment takes place using forged documents within the 6 months allotted for accepting the inheritance. After the transaction, the heirs are announced and dispute it	The sale of an apartment seems to be carried out legally, for example, by an heir under a will. But then legal heirs, such as illegitimate children, may appear and challenge the will. Another option is disputes between the heirs themselves

Schemes from buyers

Options for fraud when buying an apartment are most common among sellers, but there are also buyers who use deposit fraud or put a “doll” instead of cash.

Deposit

This is a security payment that the parties do not return in case of refusal to conclude the main agreement, and in some cases have the right to demand payment in double amount. The buyer can apply the following schemes:

• Violation by the seller of the deadline for preparing documents for execution of the contract. In response, the buyer demands payment of a double deposit or a reduction in the cost of the apartment.
• The second buyer beats the deposit of the first and demands a double return of the deposit, blackmailing the seller with double sales.
• A play on terms: the deposit is replaced by a deposit, and the seller owes the buyer money.

Doll

This does not mean cut up newspapers, but counterfeit money. It is preferable to use non-cash payment. When choosing a safe deposit box, it is recommended to count and check the money in this bank.

Note! Fraud is possible not only from the buyer or seller, but also from the realtor. Check contracts with agencies and do not give money to the realtor without a receipt.

Ways to mitigate risks

To avoid the risks of losing money and an apartment, the following actions are recommended, which are relevant if you intend to buy both an apartment and a share in it. They will help you recognize the signs of fraudulent activity:

• The contract specifies only the actual amount.
• Before signing the contract, it is mandatory to obtain an extract from the Unified State Register of Real Estate.
• Request information from the guardianship authorities about the seller’s legal capacity.
• Contacting a psychoneurological clinic about being registered with the seller.
• Checking marital status, presence of children and documents permitting sale.
• Checking the fact of purchasing an apartment using maternity capital.
• Verification of the authenticity of the power of attorney, its validity, meeting with the owner.
• Verification of persons registered in the apartment.
• Checking the date of entry into inheritance.
• Availability of debts to pay for utilities and other services.

If you have any difficulties, seek help not from realtors in selling or buying a home, but from lawyers who specialize in real estate transactions.

Watch a video on the topic of fraud in the sale of apartments:

Fraud when buying an apartment - how to eliminate it?

The loss of a large sum, part of which is borrowed in the form of a bank loan, the other, perhaps, comes from the sale of an old home, many years of savings invested there, is aggravated by the fact that the buyer is deprived of not only the opportunity, but also the hope of getting his own roof over his head. This situation can plunge even the most ardent optimists into depression. Therefore, we must be prepared for all sorts of surprises, understand how they are trying to deceive us in a transaction, and how to avoid fraud when buying an apartment .

Fraudsters' algorithms

Let's look at fraud schemes when buying an apartment , which are most often used by dishonest sellers. To begin with, we should divide them into two categories - scams with new buildings and illegal actions with housing on the secondary real estate market.

Fraud when buying an apartment - how to eliminate it?

Until recently, the most common cases of home loss were buyers who invested in real estate at the initial stage of its construction.

Quite a lot has been said about the risks that to this day haunt many defrauded shareholders, a lot of television stories have been filmed and a huge number of critical articles have been written in the media.

It was the scale of the problem that forced legislators to adjust existing regulations designed to eliminate fraud of this kind.

So, a contract for the purchase and sale of a new home can be challenged, with all the ensuing consequences, in the following cases:

• critical errors in the transaction agreement (for example, the conclusion of a preliminary document for shared participation, providing for the possibility of the developer transferring housing as collateral);
• if the building in which the housing was purchased does not have permits for construction. Unfortunately, the bureaucratic obstacles are so serious that some construction companies build housing on independently seized plots, and after the sale of the home it may turn out that the municipal or private owner of the land, through the court, seeks a legal decision on the demolition of the finished and even occupied property by bona fide owners;
• when transferring funds to unreliable intermediaries. Schemes are often developed in which the intermediary receives the authority to search for buyers and receive money from them, after which the dealer disappears without a trace.

Of course, these are only the main types of fraud when buying an apartment , because despite repeated warnings about the possibility of certain difficulties, many continue to fall for the tricks of swindlers who invent new combinations to take money from home buyers.

And yet, let us recall a few tips that, if not protect against crooks, then at least reduce the percentage of risk in making housing transactions with new properties.

First of all, the purchase should be made directly from the development company, and in cases where the builders do not undertake obligations for registration and paperwork, agencies with a long-term, impeccable reputation should be used as intermediaries.

It is mandatory to require documentation related to the allocation of a land plot and permission for its targeted development, installation of communications and their operation. And, of course, the safest method is to buy a home at the final stage of construction.

Secondary market real estate scams and ways to avoid being scammed

is also rampant when purchasing an apartment on the secondary market . The leaders are the sale of housing using false documents.

The swindlers find housing that is rented for a long period of time, and upon concluding a contract, they gain access to his passport data, which is used to prepare a forged document with a photo of the attacker.

Another option for fraud when buying an apartment is concluding a transaction with sellers who are in a high-risk group:

• incapacitated pensioners;
• drug and alcohol addicts;
• patients registered in psychiatric institutions.

The legality of such a transaction is easily disputed in court, which decides to declare it invalid, but it is not always possible to get back the funds transferred to the seller.

To hide the problem, the object is resold several times, and completely reliable participants in the transaction become its “owners” for a short time.

The buyer should be wary of short periods between “sales” or documents drawn up within a year at most.

Read also! How a mortgage is divided during a divorce - expert advice

Problems may also arise for those who purchase real estate inherited by the seller, since there is a high probability of forgery of documents by relatives of the owner, who may have the status of an incapacitated person, and the inheritance case may be initiated by relatives by coercing the testator.

The second side of transactions related to inheritance is the emergence of legitimate claimants to the inheritance, who were deprived during its division and did not consent to the sale of their share, as a result of which the entire transaction is in question. The reason for this situation may be a conspiracy of relatives, or the sudden appearance of new heirs about whom there was no information before the transaction.

Oddly enough, the buyer should be suspicious of a will that indicates either the heirs of the first priority or completely strangers.

This fact may indicate an attempt to hide other persons entitled to inheritance, since in the first case the property is already divided between close relatives, and in the second it indicates possible coercion to draw up a will in the name of strangers.

In this case, it is necessary to insist that the owner be personally present during the signing of the documents.

The complexity of this situation lies in the fact that the owner of the property who signed the power of attorney at the time of the transaction may be incapacitated or die, which will not allow the registration of ownership rights to the purchase.

Fraudulent actions by the buyer

Unfortunately, not only sellers, but also buyers find themselves on the wrong side of the law. Fraud is rampant when buying apartments for cash .

Underpayment of the amount agreed upon in the transaction, withdrawal of funds before signing documents, the use of counterfeit banknotes and dummies, incorrect calculations when converting currency into rubles - all these methods are quite often practiced by those who only pretend to be interested in buying real estate.

One of the methods of fraud is buying an apartment through a safe deposit box . Its essence is that a bank depository is used to transfer funds for a purchase. A few days before the proposed transaction, an amount is placed in it to be transferred to the seller. The contract provides for several services:

• cell rental;
• checking banknotes for authenticity;
• indication of the person who has the right of access to the depository.

After signing, the seller receives the coordinates for finding the funds and takes the contents of the cell, but! The amount held in temporary storage is not reflected in any lease document, and if a dispute arises, the seller will not have the necessary evidence to support the claims in court. In turn, third parties who provide false documents can gain access to the box.

As practice shows, there are not many for the buyer to commit fraud when purchasing an apartment

When deciding to buy or sell real estate, you need to understand that it must be accompanied by careful preparation, including checking the parties to the transaction and the property that is the subject of the future contract.

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VashGorod.ru: 10 fraudulent real estate schemes and how to avoid them

In the real estate market, there are the following fraudulent schemes that buyers and sellers face.

Knowing popular fraud schemes will protect you from problems. This article will be useful not only to ordinary people, but also lawyers will find useful information in it. You will also learn how to quickly, and most importantly, check an apartment online before purchasing. The article presents real stories of people.

1. Selling an apartment using a fake passport

The fraud scheme is simple: the attacker rents an apartment for a long period of time and takes copies of the owner’s passport to conclude a lease agreement.

Passport data is used to prepare a fake document in which a photograph of the renter is pasted. According to the received document, the attackers receive duplicate papers for ownership rights and sell the premises.

All they can do is take the money and disappear without a trace.

How to solve a problem?

To avoid this type of fraud, be sure to request additional information. documents from the seller, driver's license, foreign passport and check them with the passport, also SNILS, INN. The real owner can get the apartment back after legal proceedings, but the buyer is left with nothing, because the transaction is declared invalid.

But if there are copies of the fraudster’s passport, which he gave when renting an apartment, then they must be taken to the police; law enforcement agencies, using their sources, will find the fraudster and demand compensation for damage in favor of the buyer.

But, at the time of renting the apartment, the attacker could already have fake documents and then it would be impossible to find him.

Therefore, it is important when renting out an apartment to check documents through the police, and if a person does not give consent, then it is better not to deal with him.

2. Sale of an apartment of an incapacitated person with the drawing up of an agreement

Fraudsters enter into contracts with single pensioners, with citizens with psychological illnesses, with drug addicts, and so on. It is not difficult to manage such a group of people, so they will sign any agreements.

The fraud scheme will include several sales and purchase agreements in order to hide the real owner of the apartment when selling the premises. Buyers may not notice that the original owner, at the time of signing the contract, was considered incompetent, or was forced into this action.

Subsequently, all other contracts will be considered invalid, and buyers will be left without money and without an apartment.

How to solve the problem?

To avoid such trouble, pay attention to the intervals when concluding transactions. If they are less than one year, do not undertake to pay money.

To find out, you need to make an extract from the Unified State Register , which you can get yourself on the Rosreetr website. no, it will reflect the history of the transfer of rights. Buy real estate only from the owner, and check the documents, and also check the owner for debts.

3. Sale of real estate without legal heirs

Buying inherited homes is considered risky. Not only can attackers force you to sign an inheritance agreement and later sell the premises, but it may later turn out that the original owner was insane at the time of the transaction.

The buyer who was simply deceived suffers from such actions. The second dangerous moment is the appearance of new heirs, who may appear even six months after purchasing the apartment.

Sometimes owners deliberately hide the number of heirs in order to get as much money as possible or to take the home away from the buyer.

How to solve the problem?

Before signing a contract, a pre-purchase inspection of the property must be carried out for legal purity; you have the right to do so.

Find out the full history of the property, documents, so you know if there are any wills and who they were addressed to.

If there are heirs, you need to take from them a notarized statement that the sale of the apartment is possible and after that they will not have any rights to the property.

4. Buying a home using a fictitious power of attorney

Transactions by proxy are a huge risk for buyers. They are more often used when the owner of the apartment is abroad. Applicants for housing need to see the real owner of the apartment at the time of signing the deal.

After all, if he signs a power of attorney (or criminals do it for him), and then dies before the official registration of the sale and purchase, the buyer will lose finances, but will not be able to receive the apartment, since the transaction will be considered incomplete.

How is the problem solved?

Before purchasing, do not be lazy to check the apartment, make an extract from the Unified State Register of Real Estate, and perform a full inspection of the property. It’s better, in general, not to buy an apartment if there is no owner of the apartment, but only a power of attorney.

A power of attorney can be obtained in different ways, including through threats, so you should not buy real estate under a power of attorney.

If the transaction has already been completed, you need to contact the police and look for the scammers and the apartment owner himself.

5. Transactions with violation of the rights of minor children

Failure to respect the rights of children under 18 years of age occurs for various reasons. For example, parents do not want to deal with additional collection of documents and make a deal.

If the children are discharged less than six months before the privatization of the premises, the contract may be invalidated.

If, before reaching the age of 21, a child goes to court, during which a violation of his rights before reaching adulthood is recognized, the apartment will be taken away from the new owners.

How is the problem solved?

Before purchasing, be sure to make an extract from the Unified State Register and find out the entire history of the apartment. Be sure to ask the owner for a house register; information about registered citizens is reflected in it. In the extracts received, you can compare them with information from utility bills, which indicate the number of registered citizens. If the transaction has already been completed, go to court.

If the transaction is completed, then the problem must be resolved through the courts.

6. Loss of real estate during loan processing

Often fraudulent activities are carried out during a private loan secured by real estate. In this case, the debt agreement is drawn up as if it were a transaction for the purchase and sale of housing.

It turns out that the apartment goes to scammers at a fairly low cost. Further, the premises are sold to other persons, and the owner is evicted.

It is almost impossible to prove this type of fraud, because the owner signs all the papers with his own hand.

How to avoid the problem?

You need to carefully read all the papers before taking out a loan. Many people, inspired by the fact that they have been approved for a loan, immediately sign all the papers and do not delve into them. With a competent approach, mistakes can be avoided.

7. Fraud on the Avito website

Avito is a popular site where various goods, real estate, and land are sold and bought, so it cannot be done without fraud. Attackers place advertisements that do not correspond to reality, indicate an increased price and demand an advance payment, which is soon cashed out.

Frauds also concern rented premises. Fraudsters take money for searching for advertisements that meet the customer’s requirements. But in return they are provided with low-quality options that have already expired.

How to avoid the problem?

To avoid problems. Ask the seller for the cadastral number of the property and make an extract from the Unified State Register of Real Estate. You can do this, for example, on the website; the statement will contain all the necessary information.

Be sure to check the owner for debts; in case of debt, bailiffs can seize the owner’s property. If the transaction has already been completed, all debts on utility bills will fall on your shoulders.

To complete a purchase and sale transaction, it is recommended to obtain a certificate from the owner confirming the absence of debts. If the owner does not want to give the necessary information, then this means that this is a scammer.

8. Actions of an unscrupulous realtor

When contacting real estate offices, be extremely careful. After all, there are scammers who pretend to be competent specialists, then use dubious schemes and defraud customers. They have many tricks that both sellers and clients fall for.

How to solve a problem?

When you start collaborating with a realtor, write down in writing exactly what services the specialist should provide and what range of responsibilities to provide. And the document must have the realtor’s signature. If a specialist refuses, then he is a fraudster.

If you are already cooperating with a realtor, do not immediately sign the papers provided by him. Even if he tries to force you to sign faster, do not agree, he may say that he is late, that he has an important meeting. Minimize risks. Be sure to check the papers yourself.

9. Selling an apartment or house on behalf of the deceased owner

A common type of fraud is when the owner of an apartment dies, but real estate is sold under his name. The buyer pays money, but the heirs dispute ownership and take the home back. How to solve the problem?

Register real estate only in the presence of the real owner, check documents, have contracts certified by a notary and carefully check the real estate agencies with which you cooperate.

And again, before signing any papers, make an extract from the Unified State Register of Real Estate. The entire history of the property will be in your hands.

10. Cooperation with fly-by-night companies

Fraudsters create short-term companies. They introduce themselves as realtors and take an advance payment for the upcoming work. Buyers and sellers are at risk. Criminals, having received large sums from different individuals, simply disappear and do not provide any assistance in finding clients.

How to avoid the problem?

To avoid losing money when collaborating with agencies, check the property yourself for collateral and other encumbrances. Draw up an agreement on the agency's obligations to you. You can check the company on the website, and never pay in advance. Be sure to make an extract from the Unified State Register.

To avoid falling for scammers' tricks:

1. Be sure to check the documents, the owner’s passport and preferably any other document to make sure that this is the person in front of you.2. Order an extract from the Unified State Register yourself to check who the real owner is.

This can be done online through the Rosreestr website. no3. Ask for an extract from the house register to check who is registered in the apartment.4. Ask to see paid receipts for utilities, otherwise the debt will be transferred to you. 5.

6. If you can’t check everything yourself, then you can do a comprehensive inspection of the apartment before purchasing on the same Rosreestr website. No

5 fraudulent real estate schemes you need to know about :: Opinions :: RBC Real Estate

Fraud occurs all the time in our lives - from body kits at the meat market to forged signatures in contracts for large sums of money. Real estate attracts scammers primarily because of the fast and large “fee.”

There are hundreds of fraudulent real estate schemes. I want to highlight five common ones and give some tips on how to protect yourself and not fall into the trap, and what to look for when concluding a deal.

1. Deposit

Perhaps the most popular type of fraud in real estate is the earnest money scam. The property is offered to buyers at an attractive price. At the first meeting, the seller shows a package of documents confirming that this is indeed his property.

The interested buyer declares that he is satisfied with everything, and a deal can be prepared. The seller insists on a deposit. And the deposit agreement directly states that the deposit is not returned if the buyer himself refuses the purchase.

After some time, a number of different circumstances emerge that the seller hid at the first meeting. Because of them, the buyer refuses to purchase. This is usually unpleasant, but the amount of the deposit is not critical for the buyer. In this scheme, the important thing is that the parties have an agreement, so formally everything is legal and there is no corpus delicti.

In transactions with a deposit, you should be attentive to details and try to understand the seller’s logic.

2. Sudden heirs

There is another seemingly legal inheritance scam. Inheritance often attracts scammers. This happens, first of all, due to the imperfection of the law and, let’s say, the “nobody’s” property of the deceased.

A purchase and sale transaction is completed, and after a short period of time another heir of the previous owner appears.

The heir refers to the fact that he “just learned” about the death of a relative - and immediately, as expected, went to the notary to apply for acceptance of the inheritance. And he “quite by accident” learned from the notary that this apartment had a new owner.

A long legal battle follows. The buyer proves that he acted in absolute good faith when purchasing the property and there is no reason to assume that the purchase and sale agreement is invalid. And the new heir claims that he did not know about the death of his relative and has the right to inherit property - and also acts in good faith.

Unfortunately, in most cases the court sides with the heir.

Indeed, if such an heir can provide the court with evidence that he did not know about the death of a relative, then the law allows the deadline for accepting the inheritance to be restored.

If the apartment has been sold, the transaction is considered invalid. But there is no trace of the seller of the apartment, and he has no property, but he has already spent the money for the apartment.

3. Very distant relatives

This group of fraudsters can include people who illegally received a court decision allowing them to inherit property. This is most often done by proving relationship in a small town district court.

According to the law, the fact of relationship is established at the applicant’s place of residence. We will not name the reasons why fraudsters can receive such a court decision. Let's just say that for them it is not difficult.

4. Unscrupulous notary

A will must be approved by a notary to be legally binding.

Therefore, the Federal Chamber of Notaries is actively fighting for the purity of its ranks and regularly deprives a large number of notaries accused or suspected of illegal activities of their powers.

However, there are still unscrupulous notaries who illegally certify a will. The document is certified “retroactively”, in the absence of the testator himself, but with his skillfully forged signature.

For example, the deceased did not leave a will, and his apartment must pass to the heir by law. But the scammers, in collusion with the notary, create a will in which, according to the “last will” of the deceased, this apartment is transferred to one of the scammers.

It is very difficult to challenge a will that has actually been certified by a notary for two reasons: firstly, since 2016, the notary’s certification has the force of a certified fact, which in practice means its indisputability; secondly, the corporate cohesion of the notary community is very difficult to accept the very fact of a notary’s dishonesty, and it is almost impossible for an ordinary citizen to prove his illegal actions.

5. Fake documents

We have seen a huge number of different fake documents. Some “craftsmen” managed to provide court decisions with seals and signatures, wills allegedly certified by notaries, certificates of inheritance and certificates of ownership.

For example, in 2013, a resident of Sochi contacted us, whose uncle had died in the Moscow region. The person who applied was the only relative of the deceased and accepted the inheritance according to the law in due time.

However, two weeks before the end of the six-month period, the notary who was in charge of the inheritance case was presented with a certain will in favor of another person, allegedly certified by a notary from Tula.

How to protect yourself when buying an apartment

When buying a secondary home, you should not make instant, rash decisions. It is necessary to check all the documents, take your time, weigh the pros and cons. Remember that free cheese is only in a mousetrap. And if you have any doubts about the integrity of the home seller, it is better to seek help from a competent lawyer or a good realtor.

Signs of fraud

One of the factors that should be wary is the low price of real estate, especially for inherited properties.

All buyers should remember that persons who illegally received an inheritance try to quickly sell the property they received. After all, at any moment a real heir may appear or a fraudulent scheme may be revealed.

Usually, to speed up the sale, they set the price significantly lower than the market price (at least 20% discount from the market price of the property).

Another sign is that the owners of the apartment often change. Often, scammers conduct a chain of transactions to create the appearance of legality of a real estate property and the title of the owner.

Therefore, if over the past three years the ownership of the property has been transferred more than twice, we always recommend refusing to purchase.

Even one transaction within three years after the acquisition (unless, of course, it is a gift between relatives) already raises questions, since no one has canceled the personal income tax of 13%. And more than two transactions in three years in practice suggest the presence of major problems with the property.

Request documents

This will significantly secure the transaction. If anything confuses you, ask the seller to provide additional documents.

Remember that his task is to sell the apartment, which means to convince you that you can safely buy it.

Standard set of documents:

• certificate of ownership (or extract from the Unified State Register dated 2016);
• document of title (agreement, certificate of inheritance);
• certificates from PND and ND;
• spouse's consent to the transaction.

Additional set of documents:

1. It is necessary to request from the home seller a certificate of transfer of rights in relation to the purchased home. Such a certificate can only be obtained by the owner of the property. It is issued by the territorial bodies of Rosreestr. This certificate will clarify the chain of transactions and the basis for the transfer of rights.
2. Request an extended extract from the house register from the seller. From this extract you can find out who was registered in the apartment, where they were checked out and the reason for the checkout. Pay attention to whether young children were registered, where they were discharged and what their age is now. In addition, difficulties may arise if a person is indicated who has been removed from registration at the place of residence due to a conviction.
3. If the apartment was inherited by the owner, pay attention to the terms of ownership of the property. If they are less than three years, then be sure to ask to familiarize yourself with the materials of the inheritance case. Such an inheritance file is kept by a notary and can only be provided to the heir.
4. Be sure to request the BTI technical passport. It will help you understand whether work has been done in the apartment that requires further approval. I also recommend that you insist that all certificates and statements are received in your presence or in the presence of your authorized representative.