The real estate sector traditionally attracts a huge number of romantics from the high road and swindlers of all stripes. What is quite clear: the stakes in the game with the law are so high here that by risking a couple of times, you can live comfortably for a year.
When purchasing a plot without a contract, it is worth knowing which pitfalls an inexperienced buyer can expect and what kinds of frauds may have to be encountered.
- Plots without a contract are divided into two fundamentally different categories: with and without communications - notes Anton Arkhipov, head of the Sretenskoye office of the INKOM Real Estate Department .
- When in the crisis of 2009 the real estate market froze, large landowners divided large plots of land and began to actively sell them with the promise to bring communications in the near future. As a result, this type of land plots formed an excessive demand. Many experts predicted a quick decline in interest in this product in real estate, but time has shown that even without a contract, plots are at the peak of sales today.
The most profitable plots are located in villages, the construction of which is almost over. They want to get the majority of developers, to build houses here and profitable to resell already with a contract. Today, in total, there are more than 62,000 suburban sites in the primary market of the Moscow region and more than 70 percent are land plots without a contract.
Obligation of one of the parties is qualitative and in time to perform one or another type of work, passing it to the customer, is a contract agreement. The client, in turn, must pay for the work in full and also on time. If we compare this with the plot, then we are talking about the construction of a country house or a country house on a plot of land. In turn, a land plot without a contract is a piece of land acquired without any legal responsibility of the parties. The buyer only concludes the contract of sale and that's all. In such a transaction there are unambiguous advantages:
The more affordable price of the land itself
It happens that the difference in the cost of land in the buyer's benefit reaches thirty percent. Also, in the case of a contract without a contract, you will not have to pay for the cost of construction.
At the same time, the “reverse side of the coin” should be taken into account. Savings are not always profitable, and sometimes frankly, dangerous. In any case, in such a serious matter as building a house. Experts believe that in most cases, the game is not worth the candle and will save a maximum of 100-200 thousand rubles.
On our site you can familiarize yourself with the most popular ones in Moscow Region land for the construction of a country house. In filters you can set the desired direction, the presence of gas, water, electricity and other communications.
The “Gray” brigades, as practice shows, at the stage of a transaction, voice one amount, and in fact another, with a difference in their own favor, of course. Therefore, it is better to enter into a contract and work with a proven company that has a good reputation in the city and guarantees future home maintenance.
Possibility to choose individual construction
For many, this is quite an important and weighty advantage of such a transaction, especially against the background finished houses in new villages are similar to each other, like twin brothers. The owner of an empty plot of land can even build a palace, even Uncle Tom’s hut - it all depends on the financial capacity of the land owner.
Profitable investment of finances
Acquisition of a site without a contract is considered a good investment project, because capital construction can be postponed to a more convenient financially or seasonally.
It is only in the war that the projectile does not hit the funnel twice. And on the criminal battlefield - very easily. One of the most ancient, but this does not lose its effectiveness scheme of deception - a double sale of the same site.
On our site you can familiarize yourself with the most popular projects of houses from double timber, glued timber and profiled timber from construction companies, presented at the exhibition "Low-Rise Country".
This becomes possible for several reasons.Due to the untimely or illiterate registration of the land purchase agreement in the cadastral regional office, falsification of documents, legal illiteracy of the buyer.
The most common mistake of an acquirer of a plot without a contract is that the citizen is sure that after signing the contract and transferring the money, the issue is resolved. All - now he is the full owner of the land! However, this is only a part of the transaction and agreement registration is required in certain government agencies. According to Russian law, the citizen is the legal owner of the site, the first to record the transfer of ownership of the site in the relevant structures. But the problem is that if the land plot has already been in the scammers' field of view, a litigation can be attached to it, and not one.
Young family a couple from the Moscow region acquired a plot without a contract in a good village, located near Moscow. The seller worked by proxy, which turned out to be "phony".
- A man was selling the land, the power of attorney for which his wife allegedly wrote out - says Irina, the buyer . - In fact, she did not sign such a document, this married couple was in a state of divorce, only they have not submitted an application yet. The husband did not want to share the money gained from the sale of the plot, and forged a power of attorney. His other half knew nothing about it.
For some reason, my husband and I did not verify the authenticity of the document, and gave the money to the crook. As a result, his wife filed a lawsuit, and the transaction was invalidated. After that, we were already suing in order to return the funds that this unfortunate seller actually paid us in parts through the bailiff service for two years. It is clear that we could not buy anything on these "scraps". And you just had to go to the notary who allegedly issued this paper!
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The plot is good for everyone: geographically located in an attractive location, the value of the land does not exceed the market value and the seller even has such an amazing document as a topographic map. Where it is noted that there were no underground utilities built earlier, no, and there will not be. In any case, as long as the new owner does not want to hold them.
In fact, on this site there is a whole grid of underground pipes, the transfer of which will cost a huge amount. If at all, it will be possible from a technical point of view It may be that there are telephone lines, gas or water supply underground. And from the point of view of Russian legislation, the unauthorized construction of buildings in such a place is punishable by a fine and the forced transfer of a house to another place. Obviously, you will have to pay a lot of money, not counting those that go into the pockets of scammers.
- Found a good site, I liked everything, - says Valentina Petrovna, a pensioner from St. Petersburg.
- The seller showed all the documents and even provided geological expertise, where it was indicated that the land was “clean”, there were no buildings or underground pipes here. But I was a lawyer in the past and decided to insure, check the information.
And it turned out that there was not just communication, but the gas pipeline! If I had built a house there, I would have ruined the transfer, payment of fines and courts. So everything needs to be carefully checked, after all, buying land is not going to the store for bread.
The first rule for processing any real estate transactions, and first of all, in transactions for the purchase of a land plot without a contract is to involve professional lawyers to help. Legal legislation in Russia is constantly subject to changes, additions and editing. So, it’s time to fix all the innovations and all the more so to “roll back” them in practice only by a professional. By the way, law enforcement officers, examining fraudulent schemes, note that the scammers are eyeing the potential buyer of the site without a contract in advance.
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Not lazy to monitor specialized media, where sellers place ads on the sale of land, websites and other sources.Therefore, the ads do not need to give too much information that can give food for thought to criminals.
What should be alerted when buying a plot without a contract :
Explicit rudeness or exceptional politeness interlocutor. In the first case, the scammers aim to create the impression of "tough guys" with whom the jokes are bad. Including lengthy thoughts about the purchase and possible failure. The main thing is that the client does not fall off the hook and does not suspect that something was wrong. In the second variant, they try to gain confidence, promising discounts and additional bonuses upon purchase.
Refusal to present the original documents on the ground, the seller’s passport or authorization to authorize transactions. Unwillingness to involve a lawyer in the transaction, opposition to the desire to communicate with the neighbors of the future site.
The requirement of an advance of more than a thousand euros as an advance or pledge.
An incomprehensible scheme of delimitation of the land plot with neighboring plots.
And again: the lack of a permit for the construction of residential buildings in this area could create a serious obstacle to the construction of a dream home. So, this is the first thing to worry about, acquiring a plot, bypassing the contract.
Visually on the pitfalls when buying a plot without a contract, look in the video:
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If we talk about the most promising areas without a contract in the capital, experts predict an excess of demand in areas up to thirty kilometers from Moscow. Moreover, in 2019 there will even be a shortage of free land. First of all, because in such villages the most affordable prices for land. At a great distance from the center, on the contrary, the supply will significantly exceed demand, and the price tag for the plots will decrease. So if the choice is made in favor of the site without a contract, you should take care of the intended location and the paperwork now.