Diligent? Prove

`Turning point - tells S. Sviridenko - was the Constitutional Court ruling of 21 April 2003, however, and date in a real estate environment is not quite correctly interpreted the concept of a bona fide purchaser`.

Some unscrupulous realtors, according to a lawyer, confuses the buyer, saying that the bona fide purchaser is a person who honestly paid honestly earned money. In fact, a bona fide purchaser, which is acquiring the property, did not know and could not know that the seller of the property had no right to alienate it.

Bona fide purchaser must, first of all, to prove their good faith. `In my experience, - says S. Sviridenko - to consider the evidence proving that the purchaser had full confidence in the seller all of the powers to dispose of property (it was or notarized copies of legal documents, or copies of the certificate on state registration of ownership of the seller or excerpts, which shows that the information on existing claims and asserted in court the right to claim this property missing, etc.). In such cases, the person who acquired such property, may be recognized as bona fide purchasers `. But even if the buyer recognizes good faith, it does not guarantee that the apartment is not claimed, ownership revoked and the apartment does not return to the original owner.

Case

The most typical cases of this kind in the practice of lawyers is a fake power of attorney for sale of apartments. As an example, S. Sviridenko has the following story: `In 2004, the city of N died a citizen, in whose ownership has been apartment in Moscow. After some time, the heir of the deceased receives a certificate of inheritance, applied for registration, and then it turns out that three months after the death of another person received a fake power of attorney to sell the apartment, and the power of attorney apartment three times had been sold. The ultimate owners are our customers. The Court recognized this transaction null and at the same time recognizes our customers' bona fide purchaser, because when you purchase an apartment, they did not know and could not know that the seller had no right to dispose of the apartment. The evidence submitted copies of title documents to the apartment of the seller and excerpts from which it follows that at that time no arrests and bans imposed on the flat there was no `.

The first transaction, when the apartment was sold on false power of attorney, the court found insignificant, recognized the right of ownership of the heir of the deceased and decided to reclaim the apartment from a bona fide purchasers. `It is the second appeal stage, but few options - a deal really insignificant - continues S. Sviridenko. - The question is - who is who and what you owe. Representing the interests of our customers, we will require the latest vendor apartments recover the money paid by them for an apartment. In addition to the principal amount will require the payment of interest accrued on the entire amount received by unscrupulous seller for an apartment for the whole period of using the money of our clients. The difficulty is that the seller can not be found. A criminal case, but the ownership does not affect `.

Beware, the notary!

It turns out that if the entire chain was created intentionally and all previous participants were scammers, then get the money will be almost impossible: even if the seller is found, he would have no property on which to impose punishment, and the salary will likely miserable . Realtors generally warn against the purchase of apartments by proxy. Many of fraud committed with the use of notarized documents. `Getting to the circumstances of the issuance of warrants is difficult, - said S. Sviridenko. - Notaries remain secret, do not admit to their papers'. Often, a copy of power of attorney did not even remain in the archives of the notary, only a mark in the book, that power of attorney has been certified and recognized its summary. Of course, it would be nice to the law were given such opportunities, on the other hand it can be regarded as interference in personal life '.

From 1 January 2005 changes were made to the Federal Law 'On state registration of rights to immovable property and transactions with it `. In line with these changes, 'owner of premises who is not entitled to its claim of a bona fide purchaser, as well as bona fide purchaser, which was demanded dwelling is entitled to a one-time compensation for the expense of the treasury of Russia `. However, the amount of compensation may not exceed one million rubles. At the same time there are certain conditions for payment: you can not get the money immediately. You must first obtain a court decision, which should enter into force. If for reasons beyond those reasons, enforce the writ of execution shall be made within one year from the date of the calculation period for the presentation of the document to be executed, only then can apply for a one-time compensation.

Happy end

The only way, in order to sleep at night, buying an apartment - it is insurance against loss of property rights. Of course, this additional cost, but it is just that, as the savings is not worth it. You have to understand that the most competent and conscientious realtor can not protect against fraud. In this case, the apartment was insured - that is, bona fide purchaser in any case, the money will. Of course, a few years, which are lawsuits, prices have risen, but even this money is much better than nothing.