Fraudulent transactions with accommodations

In spite the fact that ways of fraud while conducting transactions with property could be different, some could be unexpected and difficult; in main cases they are stereotypes and conducting by way of cheating and abuse the trust. That is why, it is important to discuss different methods of fraud and also ways of its prevention.

Ways of cheating. .

One of the ways of cheating is selling the flat by someone who is not an owner of the flat. Moreover, it is doing by members of the family, someone who lives there, renter of privatized living residence. In this case, documents for flat could be either forge or made with help of stolen one.

Illegal operations happen often when property is in temporary usage of frauds, for example, leased by rent contract.

Usage forged documents is one of the dangerous ways, which could bring financial harm to good part of the deal, if he will buy a flat by forged documents. In this case it does not matter whether it is primary documents (certificate of property, receiving while privatization of the property) or secondary (contract of purchase and selling, deed of a gift). In first case could be used as dupe as faked certificate about property, which is made on color photocopier.

Alienation of accommodation.

Alienation of accommodation could be in different ways. Usually, it is chosen a flat which could be sold profitably. Owner of the flat according to the contract of commercial rent take a sum from renter which is written in the contract and give him a right of usage and sometimes and possession of this flat.

Unfair renter uses these rights as hi wants: often he find fake person, by the name of whom the flat will be selling, for fake documents as an owner of the flat. Flat is sold and fraud after getting money disappears. The owner of the flat finds out that his flat is sold some time later.

However, law brings under regulation the relationships between owner and renter according to the contract of commercial rent, on practice appears a lot of problems by performance of this contract and first of all by its braking off in some cases and dispossession of renter.

One more way in a sphere of property transmissions – it is getting from the buyer advanced in evidence of conducting the contract and in its execution. Agreement about advanced should be done in written form. While getting advanced by the contract of purchase and selling of the property, seller could not do another actions as for this property, for example, resale it. In case of not following the contract the party which takes advanced, another should pay other party, buyer, double sum of advanced.

Imperfection of legislation and absents of control on the property market let unfair seller take advanced not from one person (one party by the contract) but from several. Buyers are attracted by an ad about selling the flat by the price lower then on the market. Owners could be as real as fake. They show the flat to 5-6 clients and in case of interest take advanced 10-15 per cent from the cost with condition of selling the flat through the discussed term, for example week or two.

After receiving advanced from several buyers, flat is selling to one of them. Sellers disappear and new owner should explain everything to cheated clients.

To avoid this, you should take original of main documents in return for advance.

Civil code has a wide range of basis according to which the transmission could be admitted invalid.

Such bases are mismatch the transmission to the law, other legal acts or making its with the goal which against the law and order.

Invalid supposed deals, conducted in first case just externally without intention to create legal consequences, in second case – with aim to cover other transmission, often illegal.

Invalid are:
- Transmissions which made by citizens, who are leally incompetent or limited by court in capacity, minor people;
- Transmissions which made by citizen when he was not able to understand his actions;
- Transmissions which were made in misbelieve of one of parties, and deal which was made by influence of cheat, violence, threat by agreement of representative one of party with other or combine hard circumstances.


How to avoid cheating?
While appearing doubts you should find out everything from checking documents in organs which gave it, till receiving by potential buyers copy from house register.

Fake documents which are necessary for selling the flat could be used as its owners as renters, in case if accommodation is not privatized, for example for exchanging residential accommodations. It happens when flat does not legally clean for transmission purchase and selling.

There are cases of selling property simultaneously by several buyers. The same situations are with renting flat, when renter without asking the owner leases it by higher price. Getting money for many months, fraud disappears.

Specialists in a sphere of fight with wrong in property divide frauds into three types:
1. Rent is necessary part, a step for following alienation the flat from the owner and its sell;
2. Take out a profit not by the owner but by renter,;
3. Capture of the flat, so it is creating a situation when owner could not get to the flat and renters do not pay and refuse to leave the place.
That is why, if owner decided to lease his property he should be careful and lease it to good friends or checked people.