Buying a country house: what to look for?

Financial fraud in the real estate market is a rare occurrence. There are significantly fewer such cases recorded than, for example, cases of theft of money from cards via the Internet. However, if this happens, then this, as a rule, is fraught for people with the loss of large sums of money, sometimes even all their savings for their entire lives.

In most cases, buyers fall for the tricks of criminals due to the many legal subtleties and nuances in the real estate industry, which most of them have never encountered and are not familiar with.

Therefore, before purchasing a plot or house, in order to save your money, you should know what basic techniques and schemes are used by scammers in this market.

Checking the house yourself

Most people pay attention to the design of the house, the site and the layout, but it would be more correct to carefully examine the technical side of the house and its communications.
Several rules will help you inspect the house objectively. It is better to inspect the building in the spring, because this way the level of flooding in the basement and dampness in the house will be clear.

Particular attention should be paid to the roof and attic, because this is where the owners usually hide the “skeleton”. The roof is inspected for leaks and the correctness of the drainage system

Even an inexperienced eye will notice all the shortcomings here immediately. The drainage system plays a big role in the reliability of the structure, so it is worth paying attention to. After all, a drainage channel that is not installed correctly causes damage to façade elements. Inspect:

  • Doors for quiet and unhindered opening;
  • Windows for ease of opening
  • Is the operation correct when heating, electricity, and water are turned on?
  • Check that the boiler is operating correctly (the batteries should warm up within half an hour);
  • Taps for draining water for their presence;
  • Walls and parquet for correctness, evenness and accuracy of construction.
  • Sewerage. To do this, you need to drain a lot of water and determine how quickly it drains. (If the house has a cesspool, then it should be lined with bricks and have dimensions: 1.5 m - depth, 1 m - width, 3 m - length). This is the main thing you need to know when buying a home.

Important! Review all systems scrupulously, looking into every hidden corner, without fear of disgruntled owners. You live in this house, which means you must be completely confident in it

Why do realtors lie?

A realtor receives money only when he sells an apartment to a client. At the same time, there is very high competition in the market. Therefore, deception, manipulation and any tricks are used to convince the buyer to buy.

Everyone convinces you that there are no analogues, the best price on the market, your documents are in perfect order, you will definitely earn money and you only need to buy it now.

There are often cases when realtors know that the developer has problems, but sell apartments in this complex because the developer pays a high commission.

Verification of documents

To eliminate pitfalls that may arise when buying a house outside the city, the buyer needs to check whether the papers are properly drawn up and registered. It is better to entrust such verification to a lawyer. It is necessary to find out whether the seller owns the plot where the house is located, or whether it is in use. You should find out whether the documents for the house have been drawn up, or whether you are being offered to purchase land with an unregistered house, that is, with an unauthorized construction.

You also need to check the area of ​​the land plot and the house on paper and in reality, determine the type of building and make sure it complies with the documents (residential building, non-residential building, etc.), check the BTI passport, make sure that there are no illegal alterations in the buildings, and also that there are no open cases against them in the BTI.

It is necessary to check the documents for the land: whether all buildings are located within the boundaries of this site, whether the distance from the boundaries of the neighboring site complies with the established standards. So, the house should be no less than 3 meters away from them, and other buildings - no less than 1 meter). You should also definitely check the documentation for communications located on the land plot and the building’s engineering systems, assess their general condition, serviceability, and make sure that they have been carried out officially.

If the purchase of a house or part of a house is made through a power of attorney, check its authenticity with a notary, and also find out whether the person who issued the power of attorney actually exists. It is necessary to make sure whether the principal is alive, contact him, find out whether and for what reason he gave a power of attorney to sell the house.

The first and simplest rule

If you decide to try your luck and buy a car at a reduced price, do not go to the car dealership in splendid isolation, take a companion with you. This, of course, does not guarantee 100% protection, but it reduces the chances of success for attackers.

As a rule, the goal of such car dealerships is to make a profit not from selling cars, but to easily (for them) unjustifiably receive other people's money. They can receive this money in the following ways:

  1. Selling a car for much more than its real value through various markups, which the victim becomes aware of at the very last moment.
  2. Sell ​​a car for much more than its real value by transferring not the car that was initially agreed upon, but one that actually exists and, as a rule, is either the wrong year (older), or the wrong configuration (poorer), or the wrong brand altogether and models.
  3. Sell ​​a car for much more than its real value using the first and second methods.
  4. Keep all the money transferred (counting on the fact that the victim will give up and leave them behind) or part of it (as a fine for refusing to enter into an agreement).

The buyer learns about all these surprises at the last moment, when all the money or most of it has been transferred, or all unread by the buyer have been signed.

First priority

A private house and a plot of land under it are different real estate objects, each of which has an individual cadastral number, but by law it is impossible to sell one object without the other. When you buy a house, the land underneath cannot belong to someone else. They are sold at the same time. This means that both of these objects must officially belong to the seller.

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Before proceeding with a thorough inspection of the building and negotiating the conditions, the buyer should pay attention to the package of title and other documents, which is prepared in advance by the seller:

  • Certificate of ownership of the house and land;
  • Permission to put the building into operation (if the building was erected directly by the seller);
  • Papers indicating the grounds for obtaining property rights (will, purchase or gift agreement, certificate of inheritance, privatization agreement, etc.);
  • If a private house is under construction, you will need a document on its ownership and a building permit;
  • Technical passport and plan of land and house;
  • Cadastral plan and passport of land and house;
  • Extended extract from the Unified State Register about the absence or presence of encumbrances;
  • A certificate from the house register indicating who is registered in the residential premises;
  • Extracts from the personal account indicating that there are no debts on utility bills;
  • Notarized consent of the spouse to conclude the transaction or the same document from each co-owner of the property;
  • Permission to sell on behalf of the board of trustees, if the owner or co-owner of the house is a minor, as well as if the seller’s minor children are registered in it;
  • Contracts for the sale of houses and land.

Wrong numbers in the agreement

When the selling party resorts to selling to a particular buyer, it may be faced with the indication of an incorrect price. Very often this is done to avoid paying the actual amount of taxes or not to pay them at all. The sale will be made verbally for a certain amount, but it is best to require a receipt. You should not proceed further without confirmation. The worst option would be when the owner goes to court and wants to return only that part of the funds that is specified in the agreement. The buyer is completely in great difficulties and will not be able to prove his point of view. To avoid such situations, it is best to refuse such offers and indicate the real amount in the contract at the initial stage. He will pay the taxes, not you, and if you agree to his terms, you could lose even more money.

What should you pay attention to when purchasing? What should you do?

First of all, the buyer needs to carefully examine the house being purchased for possible defects or violations, since the seller often hides such violations.

If the buyer pays attention only to the interior decoration and exterior design, then he risks encountering many troubles in the future - from cold heating pipes in winter to cracks on the walls.

There are a number of important details that you should definitely pay attention to when inspecting the home you are buying:

  • Condition of the attic and roof;
  • Condition of the cellar (basement);
  • Efficiency of communications;
  • Location of drains;
  • Parallelism of walls and evenness of the floor;
  • Reliability of the sewerage system;
  • The quality of drying of wooden structural elements;
  • Condition of electrical wiring.

It should be remembered that it is best to inspect the house in March or April, during spring floods, since during this period all the shortcomings of the housing’s moisture insulation are clearly visible. If there is water or wet corners in the basement or cellar, it means that the foundation is leaking water, which can lead in the future to erosion of such a foundation and early destruction of the house, especially if the house has two or three floors.

If gutters are not positioned correctly, rainwater can erode the soil around the foundation, which can also lead to premature failure of the residential structure. To independently assess the location of gutters, you can observe their operation during rain, noting whether the water flows away from the house or fills low spots and holes near the walls and corners of the house. In the latter case, such drains must be redone or replaced with others.

The condition of the roof must be checked by going up into the attic (preferably during or after rain). This way you can determine how well the roof is laid and whether it is leaking.

To prevent the roof from leaking during rainstorms, there should be no gaps of more than 2-3 mm between the tile elements, and the overlap should be at least 0.5 cm.

If the house is wooden, then you can use a special moisture meter to assess the degree of drying of the wood. Over time, damp wood shrinks in width, and the geometry of the house is disrupted and cracks appear.

Then you need to ask the seller to demonstrate the operation of all existing communications for verification. Key communications include:

  • Gas supply;
  • Water pipes;
  • Water disposal and sewerage;
  • Wiring;
  • Heating.

If the house is equipped with its own winter heating system, you need to start it and check the temperature of the batteries after a while.

After this, it is important to inspect the electric meter and power supply system. The wires must be copper according to modern standards, and grounding must also be present

Water from taps should not have an unpleasant odor or cloudy color. To check the reliability of the sewer system, it is necessary to drain a large amount of water in a short period of time in order to assess the rate of water loss.

If you have any doubts about the thoroughness of the inspection, you can contact appraisers who will help you professionally assess the technical condition of a residential building.

Real estate scams when renting

Long-term/short-term rental requires the mandatory signing of a commercial lease agreement. This is necessary to confirm the landlord’s income, as well as to protect the mutual rights, interests and obligations of the participants. As practice shows, circumstances of fraud on the part of both landlords and users of facilities are often recorded.

Prepayment for rent

There is a lot of competition in the real estate market, so property owners try to “retain” a potential tenant as much as possible. These techniques are also used by scammers. Thus, when renting out an apartment/house for temporary use on the basis of a commercial lease agreement, some owners require a preliminary deposit as a guarantee of rent.

Calculations should not be carried out, since legal relations will be established only after signing the contract. A person’s actions can be qualified under Art. 159 of the Criminal Code, if a citizen receives an advance payment and then “disappears” and the transaction will not be finalized.

Property fraud on Avito

One of the main sources of rental options is the Avito website. The following signs will allow you to recognize a fraudster on the resource:

  • the cost of the object is significantly lower than the declared quality;
  • The ad contains pictures that are not related to the property (from search engines).

The very placement of such advertisements is not an illegal act, but asking for money as rent can be classified as fraud. Because by deception, an individual obtains money in exchange for services that will not be provided.

Long term rental

Another method of property fraud involves apartments that are rented by the day. They are rented, for example, for a week. And a week later the owner comes and finds new tenants who have entered into a long-term lease agreement with the first “tenant”, and have also paid a deposit and an advance payment.

Buying a home on the secondary market

Before purchasing a house on the secondary market, you should definitely make sure that it is legally clean as property. To check, you need to request the following documents from the seller:

  1. Certificate from Rosreestr on state registration of property rights.
  2. Papers that form the basis for obtaining such a certificate.
  3. Cadastral passport and plan with an individual number.
  4. Technical plan.
  5. Land survey act.
  6. Extract from the house register (extended).
  7. Required permits for alienation of property.
  8. Other significant papers.

It should be borne in mind that each additional building on the house territory must be legal

You also need to pay attention to when and on what grounds the house (and the land under it) became the property of the seller

This is important because each basis may have its own nuances. So, for example, if less than 3 years have passed after entering into an inheritance, other claimants to it (inheritance) may appear, which will involve the buyer in legal proceedings with an unpredictable outcome

So, for example, if less than 3 years have passed since entering into an inheritance, other claimants to it (the inheritance) may appear, which will involve the buyer in legal proceedings with an unpredictable outcome.

The best thing to do is to use qualified legal assistance to be sure that everything is done according to the law, is safe and does not threaten undesirable consequences. Then the pleasure of buying a home will be absolutely complete.

New participants in the process

Another situation where problems may arise during the purchase procedure is the appearance of any relatives. They may have the right to claim ownership in some situations. And this may not always be a violation.

In most cases, the seller did not want to warn them that he was selling the property. And he didn’t warn you about serious consequences. In this situation, the relatives will always have the advantage in pursuing the matter through the courts. They can easily win the case and have the right to one or another part of the apartment. The buyer risks parting with both money and his home.

ATTENTION !!! Before selling, it is better to clarify information about how the property came to be owned by the person selling it to you. If this happened by inheritance, then the procedure will require confirmation of the consent of the remaining relatives. If there was a gift agreement, then you need to be aware that the apartment was alienated by the donor. If everything happened under a purchase or sale agreement, then you need to find out about the spouses and children. To do this, you should stock up on consent from your wife or husband, as well as permission from the guardianship authorities.

Where to expect a catch?

If an unfinished building is purchased, then the future owner needs to be extremely careful, because the risk of purchasing an object to which it is impossible to connect some communications is quite high. Studying the documentation, to one degree or another, relating to the object is the key to a successful acquisition.

A dishonest seller may provide outdated information from the registry. Thus, he will deliberately hide information about the possible rights of third parties to this object, as well as about existing restrictions and encumbrances.

If the transaction is made by power of attorney, then at its conclusion the presence of the owner with a passport is mandatory. When the document does not indicate that the principal is authorized to accept funds from the buyer, then they must be handed over exclusively to the owner.

Other times you could get into trouble

In most situations, when you decide to buy an apartment through sellers, other situations may also occur. You should know about everything so that potential scammers cannot deceive you in any way. They follow from those given above or may occur completely different. For example, when any redevelopment was carried out in an apartment, it must be legalized. When this is not done, the buyer may not register the property. Sometimes he may face a situation where he will be subject to serious penalties. And the payment will be borne only by the new owner. It is best to immediately check the changes made and the revised technical plan.

In addition, you may find yourself in a situation with debt obligations to pay for utilities. It is best to take care in advance to provide certificates from all services until you sign an agreement on both sides. The worst option would be when the apartment is pledged or guaranteed. In this situation, everything may be confiscated from you due to a dispute in court. It is sometimes impossible to find out more detailed information, but you can protect yourself from such a situation without any problems. It is best to immediately indicate this point in the document so that no further problems arise.

Surveying

Surveying is not necessary, but everyone does it. Thanks to land surveying, the state finds out exactly where the site is located and what its boundaries are. If you don't do this, an unpleasant moment may arise. For example, a neighbor will decide to disassociate himself and in the process “climb” onto the land that you consider yours. According to the law, he will not get anything for this - he is allowed to “cut” another 10% of his area. That is, if there were 15 acres, you can make 16.5.

We thought that our site was not demarcated, and turned to a special company. The employee studied the documents and said that we have land surveying, but it was done in the old coordinate system. Now we need to write an application and transfer land surveying to the new system.

We haven’t gone yet, but we expect the quest to be no worse than when searching for a site.

The seller does not specifically write out

The situation may be this: after the transaction has been concluded, and perhaps long before that, the seller decides not to check out of the apartment, explaining that he simply has nowhere to move. The new owner, naturally, will try to get the former owner of the apartment out as quickly as possible, but he goes to court and asks for permission to stay and to cancel the contract. And the court may allow him to do this if it considers the arguments for terminating the contract to be justified, ordering the return of the money received during the sale. The problem is that the plaintiff can claim that the money was stolen or was spent, for example, to pay off some debt; he will not refuse the return, but will ask the court for a deferment or agree to a phased return of the money, as they say, from payday . Now you can imagine how long the repayment of this debt may take. For years.

What to do

In principle, there is nothing terrible in the story of a long discharge. This may be a vital necessity for the former owner of the property. According to the Housing Code, a citizen is obliged to vacate the premises in the event of termination of the right to use. That is, the Law protects buyers in this case. Difficulties may arise if the seller is able to somehow cancel the transaction through the court. To avoid such a situation, include in the contract a condition on the timing of the seller’s discharge, as well as a clause on penalties if the citizen does not check out, for example, before a certain date.

How to choose a house when buying on the primary market

When contacting developers, it is necessary to analyze their history, reputation and work experience. It is advisable to go and personally verify that their office is really located at the specified address, and not a fictitious one. It is also advisable to talk with people who purchased property from the selected developer and read what reviews there are about him.

When purchasing an unfinished property, the price of which is several times lower, you should take into account that you can wait a long time for the completion of construction work and do not exclude the risk of freezing this process. Before signing an agreement with a company, it is recommended to attend negotiations with a lawyer or a trusted realtor.

What methods of deception are there?

Not only sellers, but also buyers can deceive. But the former have more opportunities to carry out such manipulation. Sometimes even the most future buyers can help at this moment, although they do not understand it.

Among the popular deception schemes are the following:
  1. The transaction will be executed for several buyers at once.
  2. Registration takes place using fictitious documents.
  3. The seller will slowly check out of the premises, and the paid expenses after the trial will be returned for a very long time and only in a certain percentage.
  4. The seller of the property asks the buyer to write down the amount of funds, which will be much less than the actual one. And then, after a verdict is rendered by the judicial authority, he suspends the transaction and returns only the price specified in the contract.
  5. The buyer is not warned that other people with similar conditions are applying for housing, who may apply for legal proceedings in the future.

IMPORTANT !!! This is not the entire list of existing methods of deceiving citizens. It is constantly being improved, which makes it impossible to track the real situation in the real estate market. But, nevertheless, it is worth considering each of these situations in more detail in order to be aware of everything that is happening.

What must the buyer do?

Make sure that the seller has all the necessary documentation for the house and land, and that it is properly executed. There are often situations when a property is not registered or not properly registered, which deprives the seller of any right to dispose of it. In this case, it would be appropriate to conclude a preliminary agreement and wait until the seller has completed all the required documents. There are often situations when a structure on a plot is erected illegally, and this obliges the buyer to establish in what way the law allows the use of this land plot. For example, land allocated for gardening does not imply the construction of a residential building on it intended for permanent residence. Make sure the structure is located correctly. If the house was built without complying with the norms and rules of urban planning (there is no required setback from the “red line” or the distance between neighboring residential buildings is much less than required), then the future owner of the residential building will most likely have problems in the future. After all, even shrubs and trees on the territory of a personal plot are planted in accordance with established rules, not to mention the position of the house itself relative to the main street and neighboring buildings. Check the legal purity of the transaction. This is painstaking and responsible work. After all, you will have to track the entire chain of previous owners, check the legality of transactions made previously with this object, and analyze the validity of the ownership rights of the current owner of the building and land plot. You should be vigilant, because the object may be the subject of all sorts of disputes, have restrictions and encumbrances, as well as possible claims from third parties. Find out what contributions will be required to pay for the maintenance of common property

This is important, because the established tariffs cannot always meet the expectations of owners of private houses. Therefore, it is appropriate to ask in advance who will have to pay how much and for what in the future.

Forewarned is forearmed! Or how to become an uninteresting buyer for scammers?

The most important rule for a safe transaction is the following: all monetary payments should occur only after the official registration of the DCT in Rosreestr.

Of course, most often sellers do not enter into negotiations without an advance, and buyers do not always have the entire amount at once. If you make a deposit, be sure to check all the documents, request an extract, and draw up a preliminary agreement (preferably notarized).

Another nuance is the size of the requested deposit. If it is more than 5-10% of the cost of a house or plot, this is a hundred percent deception. It is better to avoid such sellers.

Typical mistakes when choosing a cottage

If, when choosing a cottage to buy, you find any shortcomings and missing documents, then you should definitely think about whether you need to invest money in such an object. At a minimum, such facts allow you to bargain with the developer. Let's talk about common mistakes when choosing a cottage to buy.

Buyers come with the whole family to view the cottage. No one argues that buying a home for a family is a very important event. The decision is made jointly, so everyone must be aware of the circumstances of the case. But a large crowd during an inspection of the object creates chaos and confusion, everyone distracts each other, and as a result, no one manages to really understand anything. It is necessary to delegate the authority to inspect objects when choosing a cottage for purchase to one or two people (three is the limit)

If family representatives have decided on a house, then all other family members, especially those on whom the decision to purchase depends, can be brought to inspect it.

The client placed a purchase request simultaneously with several real estate agencies. Of course, this position can be understood - the buyer wants to push the boundaries of the supply market and not take risks when working with one realtor who will only hand him properties that are profitable to him. In fact, realtors, knowing that the buyer has applied to different agencies, will not take his application seriously. Choose one or two professional realtors who deal directly with single-family homes. Such cooperation will be most useful, since the specialist will be interested in the transaction and will conscientiously work out his commission.

Potential buyers too clearly express delight when inspecting the house and spend several hours at the showing. Once you show the owner increased interest in his property, it will be almost impossible to bargain with him in the future. Moreover, even the identified shortcomings will not convince him to reduce the price. No matter how much you like the cottage, even if it exactly matches the house of your dreams, you should not show it to the owner. Show restraint, you will be able to rejoice to your heart's content after your purchase.

Buyers bargain right at the show. This is usually done by buyers who immediately liked the house. As in the previous paragraph, with such behavior it can be very difficult to come to an agreement with the owner. It is NOT necessary to ask the seller to reduce the price immediately at the first showing. Besides, buying a house is not choosing shoes. Such a decision must be well thought out, which will take time. And trade on display may indicate frivolity of intentions.

They buy a house without a construction expert. A house built by someone is always a pig in a poke. It is often unknown who built it, what materials were used, or whether building codes and regulations were followed. The structure may have defects that cannot be identified during an external inspection, for example, errors in waterproofing or a crack in the foundation. You should not skimp on construction expertise; this will help make sure that you are investing money in a worthy object, and not in a black hole into which all your money, nerves and health will go in the future. The construction expert will carry out his work in parallel with the realtor checking the authenticity of the ownership documents.

What should raise suspicion

Professional scammers know how to handle things in such a way that their potential victims simply do not have any reason to be suspicious. This must be remembered in order to be guided by the rules of precaution, no matter what. However, here is a list of the most striking signs that the transaction may be fictitious, and that this is probably a fraudster or a person who is not telling something and is hiding something:

  • offer apartments at very low prices;
  • According to documents, the owners of the apartment have changed frequently over the past few years;
  • the technical plan of the apartment and the actual layout are different;
  • they require a large deposit from you;
  • the seller delays for a long time in providing documents, or at least one of those you ask;
  • the transaction is made by a person under the power of attorney of the owner of the apartment.

The presence of these signs does not always indicate some kind of deception. People very often sell apartments using powers of attorney if the real owners are ill or live abroad, and the lack of documents can be caused by objective reasons. And yet, any of these signs is a reason to think seriously.

Buying a house on the primary market

A house purchased on the primary market is always good in terms of the legal purity of the transaction. After all, previously this property simply did not have owners. Again, there are no encumbrances or arrests, “left” registered persons who cannot be evicted, and other “surprises”. However, this still does not guarantee the absolute security of the purchase and sale agreement.

And there are plenty of scammers among developers today. Therefore, when planning to purchase real estate from a company, you should study its (the company’s) history. Their experience in the market plays an important role - if they work for a long time, it means they probably do it in good faith. Plus reputation - reviews of real clients will best tell about it. You also need to go to the address of the property being sold and make sure that it really is there. Both the address and the object.

You should also understand that buying an unfinished house is, of course, cheaper, but very risky. It is unknown whether construction will be completed on time. Or maybe it will be completely frozen for some reason. So, even before signing the contract, you should consult with a qualified lawyer and an experienced realtor. Or even ask them to accompany such a transaction.

What should you pay special attention to when purchasing a home on the primary market? On the:

  • category of land under the building;
  • mandatory permits and expert opinions (whether they exist, what they say);
  • compliance with technical conditions when connecting communications;
  • presence of encumbrances on the land plot;
  • certificate of commissioning of utility networks (is there any).

About providing fictitious documentation

A lot of people also encounter fictitious documentation. Most often this can be observed when a space that is not owned and leased is sold. The buyer, who does not even think about the fraudster, enters into some specific agreement on the procedure with a fake notary, and then transfers the funds in advance. After everything that happened, he finds out that there is a different owner in the premises and that he is entering into an agreement with the fraudster.

The price of the paper will be zero and no one will ever return your money. When you do not want to encounter such a problem, it is best to check all the documentation for the property. In most situations, there must be proof of ownership by the seller, and it is also possible to provide a deed of gift or purchase and sale. In these situations, you can partially protect yourself from attackers.

Legal liability

Apartment scammers operate all over the place, preying on gullible clients. As statistics show, police officers daily register up to five cases of fraud for each locality with a population of 100 thousand or more (statistics are compiled taking into account all types of fraudulent actions).

Depending on the method of committing the crime, as well as the amount of material damage, the further liability of the offender will be determined.

Important! Fraud in the sale/rent of an apartment will be considered a crime only after the consequences in the form of causing material damage occur.

Criminal Code of the Russian Federation

In the Criminal Code of the Russian Federation, fraud with real estate is included in Chapter No. 21 - crimes against property. Thus, an act can be qualified according to the following articles of the code:

  1. Fraud – Article 159 of the Criminal Code.
  2. The injured party is the bank when a client wishing to obtain a bank loan provides knowingly false information in order to receive funds (lending scams) - Art. 159.1. (for example, if you want to apply for a mortgage).
  3. Causing material harm to the owner of property through abuse of trust or through deception (165).

Code of Administrative Offenses of the Russian Federation

If the actions of the guilty persons constitute a legal offense, but it is impossible to qualify the offense under the articles of the Criminal Code of the Russian Federation, then the police are authorized to draw up reports on administrative offenses. Violators will be held accountable under Article 7.21.1 of the Code of Administrative Offenses of the Russian Federation (causing material damage by deception or abuse of trust).

Grounds for applying sanctions:

  1. The amount of material damage does not reach 250 thousand rubles.
  2. The violator does not actually take possession of the person’s real estate, but commits illegal actions with the property (for example, the owner pledges the property to the bank in return for the violator, trusting him, and the owner also gives the property to the fraudster due to the latter’s deception).

The review of the protocol is carried out in court in the presence of the victim and the offender. Based on the evidence presented, the judge can impose only one type of punishment - a fine. The amount of payments cannot be less than 5 thousand rubles and cannot exceed five times the amount of actual damage.

What amount should be included in the purchase and sale agreement for a house?

After changes were made to the tax regulations for the sale of real estate in 2021, the terms of ownership for carrying out the corresponding transaction without a refund of income tax in the amount of 13% have changed. The tenure period was extended from 3 to 5 years. If the seller owns the house for up to 5 years, he can offer the buyer to indicate the price in the contract is less than 1 million rubles. The second party has the right to refuse such an offer. If the amount specified in the contract is less, then the tax will be charged on 70% of the cadastral price of the property.

In the case where the contract specifies a cost of more than 1 million rubles. the buyer will be required to pay the seller 13% tax on this amount. From an economic point of view, this situation is not profitable, since the money will be invested now, and it will be possible to withdraw it in parts over several years and only if the income tax was not withdrawn earlier.

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