Fraud, misconduct of a different nature in real estate is a common occurrence.
Real estate agencies, private realtors do not belong to the category of persons obliged to be in any professional community, they are not controlled by any separate state body, therefore they often render low-quality services.
This topic falls under the jurisdiction of the following regulators:
- Civil Code of the Russian Federation (chapter 39, § 1, 3-4 of chapter 59). This is the main document regulating contractual relations in our country. All issues related to the execution of contracts are resolved in accordance with this document.
- The Law of the Russian Federation of 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights” (Articles 12–16, Chapter 3, Article 43). If a citizen concludes an agreement with a legal entity or an individual entrepreneur (officially having this status), he is under the auspices of the Law "On Protection of Consumer Rights". It provides a wide range of sanctions for the offender - from the obligation to provide the service properly, to fines and damages.
- The Criminal Code of the Russian Federation (Articles 158–159, 170, 170.2, 200.3). In most cases, agencies and realtors try to mask the crime, because if it is detected, the consequences for such "entrepreneurs" will be very serious.
- Federal Law dated 30.12.2004 No. 214-ФЗ “On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation”. Attention! Suitable only for cases of searching through an agency or a realtor for housing under construction (the so-called lease), if the developer and the realtor coincide.
Real estate agency
If the requirements are not met, you can write a statement to the police, prosecutor's office, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal State Registration, Cadastre and Cartography Service, the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction", a tax inspectorate or a court .
If your goal is to return the property that you are the owner of, and still purchase real estate, then the options for contacting Rospotrebnadzor and the court are suitable.
At a realtor
If the person is not an individual entrepreneur, then there are 3 options - to complain to the police, prosecutors or the court.
If the realtor is an IP, then all the contact options listed for agencies are possible.
You will return your funds, apartment, other property, most likely, only through a court. Perhaps, according to the results of the criminal prosecution, they will also compensate something, but this is less likely.
How to write a complaint
To implement any of the mentioned methods of protection, you need to write a statement to the appropriate state body.
It must specify the following:
- details (from whom, to whom),
- title (claim / complaint),
- a brief description of the situation,
- requirements and deadlines
- date, signature.
Please note! You must have evidence of a violation of your rights and law in the form of documents issued to you, checks for payment of services, correspondence, records of telephone conversations, etc.
If the police do not initiate proceedings, and you are sure that the crime has been committed, contact the prosecutor's office. In the application, require verification of the validity of the refusal to initiate proceedings and its cancellation.
All available evidence must be indicated in the text of the appeal, that is, if you write that you paid the "black realtor" money, indicate that "it is confirmed by copies of receipts", and separately - by the list of applications.
It must be borne in mind that when contacting the tax inspectorate, Rospotrebnadzor, the prosecutor’s office, they may call you to provide explanations and testimonies. When you contact the police and the court, your participation in the case until the end of its consideration no longer depends on your will (but you can replace yourself with a representative in court).
Contacting the other bodies indicated above will not affect you in any way, they will simply give you an answer. And the consequences will be for the agency or an unscrupulous realtor. They can be brought to administrative responsibility in the form of a fine, real estate workers - to criminal liability in the form of a fine, and fraudsters - to be punished by imprisonment. In special cases, the organization is suspended.
Important! Do not forget that if you knowingly turn to the police, you run the risk of becoming criminally liable, therefore, if you have not committed crimes against you, then you should not resort to this option.
If there is no evidence of a violation of rights, the court will refuse to satisfy the claims. In the future, the defendant has the right to submit a claim for reimbursement of costs associated with the consideration of the court case on the statement of claim.
The listed consequences (except for the recovery of legal costs) are threatened only with knowingly false treatment.
What is a lawyer ethic?
It also happens that the legal owners of real estate go on vacation, and on their behalf a power of attorney is forged to sell and receive money for the property on behalf of the owner. Upon returning from vacation, legal and new residents will meet in this apartment, and the meeting will be far from pleasant.
How to protect yourself from realtors - scammers?
Do not sign a power of attorney for the right to dispose of your property on your behalf by realtors or other third parties.
Before buying a property, carefully check all documents: certificates of registration of the right to this housing, gift agreement, purchase and sale, barter, certificate of inheritance, court decision and ruling, etc.
Check the documents of origin, verify the passport data.
Carefully study the contract before signing it, but rather consult with a lawyer.
What to do if you are deceived?
If you feel that your consumer rights have been violated, or you are being pressured by realtors, and you have evidence of this, then you can contact the conciliation commission to find a compromise.
The composition of this commission for the consideration of complaints on real estate agencies includes a chairman, deputy and secretary. Also invited are several employees of the company who are not interested in this dispute.
You submit an application where you state the essence of the conflict and your requirements. The commission studies the case, makes a decision. If you do not agree with this decision, you can file a complaint with the Consumer Protection Committee. The final authority is the court. Very often, a decision is made in favor of the client.
In our difficult times, it is best to prevent such situations, being careful when entering into any transactions with realtors. Your vigilance and accuracy will guarantee a successful transaction. Good luck.
You can make and print your claim using our service - Electronic Assistant for automatic claim preparation.
Posted by: Victoria Goldina
Publication Date: June 10, 2013
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