Meter trick

By Admin | Legal Issues
27 April 2016
However, experience shows that the time is lost, and power and money.In addition, real estate agent, and can easily "throw".

new property tax

fee for mediation in real estate transactions made to calculate, depending on its value.Today, in the segment of the sales of apartments it is on average 2-6% of the transaction amount.The classic version - "alternative": a person sells an apartment, while the other takes a little difference.Let's say the average cost of each - 0 thousand. (Usual Moscow "kopeck piece"), ie the total amount of the transaction - 0 thousand. Even at the minimum rate (2%) fee realtor should reach thousands. Efforts same realtor did not depend on the parameters of the apartment.It turns out that the fee paid by the customer is something like a tax on sold and / or purchased property.Oh well, the percentage of the transaction amount taking intermediaries in many markets.The only question of adequacy.thous. for a private person - a serious amount.The idea is that kind of money for wo
rk must take upscale professionals who can do something, which was not able to make the client, or have special resources, capabilities, and so on. N. Actually, it is in this - in their supernormal - and trying to convincecustomers realtors.And often they succeed.Magic words "to get help in the BTI", "collect documents in ZhEKe" "to search for a particular database" and so on.. Many customers are impressive.

However, if they knew that behind all this, it certainly would prefer to perform most of the work themselves.

That's what real estate agencies charge a commission: the search for a buyer / seller, the collection of documents, verification of legal purity of the purchased apartment, the organization of the transaction (participation in negotiations, preparation of the sales contract, the presence of a notary's office, a bank, and so on. N.).But to find a buyer, it is enough to advertise on the Internet or the newspaper "Hand in Hand", to find a seller - on the contrary, view ads in the same sources.

Aleshko Alex, a private real estate agent: 95% of all apartments sold in the market - directly or through an agent - to this day required to appear in the newspaper "Hand in Hand", "apartment, villa, office."You can also use the new online database WinNER.They are available to everybody - all for 2000 rubles.per month.

If you do not be lazy and spend half an hour a day watching ads in newspapers and on the Internet, you can save on the search options.According to experts, hired a real estate agent will act in the same way and nothing else will not be able to offer.Find buyer is generally not a problem: an advertisement (for free or for real pennies) - and receive calls.Strains several times on the mobile phone to answer "every nitwits"?But the savings in this -5 thousand. Straining too?Of course, the search for a buyer / seller accompany the show of his apartment and offered viewing.But at this stage of the realtor is not necessarily: to watch and to show, as a rule, too, you have to.As for the general search term, then "buy time" still will not work if the option you want is not on the market, the real estate agent and does not help.

Now the collection of documents.

Yes, in line at the BTI for the two papers have to sit.And for an extract from the house register and a certificate of no arrears of rent, too, have come to the right place.But all these "meal" worth the thousand., Who would put realtors.Well, if it is absolutely unbearable, you can issue a notarized power of attorney to a family member.By the way, your real estate agent without a power of attorney also did not do.

The real estate agency, all these operations are carried out trainees, messengers - people who are not realtors.However, these transactions and bring realtor lion's share in the total fee.A client will still be in one way or another involved in all - for the money.

now remain verification of legal purity of the purchased apartment, negotiating the terms of the transaction (the sequence of transcripts, migration, money transfer and so on. D.), And, of course, immediately drawing up a contract of sale.Experts recommend at this stage still use the services of real estate manager, but if you want it all, too, can be done alone, saving significant resources.

Gulnara Rahmangulova, CEO of Expert rieltbyuro "Tactics & amp; amp; Practice": Our company provides consulting services in the area of ‚Äč‚Äčoperations with residential real estate clients wishing to independently prepare and conduct a transaction of purchase, sale or exchange of the apartment, regardless of whethertheir experience with real estate transactions.The cost of advice on the purchase / sale of the apartment is 10 thousand. Rub., And the complex of consulting services in the transaction of purchase / sale fits into the 40 th. Rub.

If we discard all the "stupid" part of the job realtor (impressions, views, job advertisement, and so on. N.), Then qualified it pulls component is 10-40 thousand. Rub., Ie 0-1600, rathernot thousands.


people willing to pay realtors, the market is enough.It would seem that 2-6% of the transaction realtors have to literally lick these clients.But in reality things are different.

Alice Nicholas, a columnist for the online newspaper "Sight": I inherited apartment near the metro station "University".Because I live there are not going to, I decided to sell it through an agency, and pick out another, more satisfied with my place.I turned to the agency, "BEST Real Estate."We signed a contract for three months - Gentlemen agents said that this is more than enough time to get everything done.Since I took the 0 - they said that the money will be spent on the placement of data on the apartment in different databases and on advertising and fees paid in advance to the agent.A receipt took the documents to the apartment and keys.Next time stopped.My attempts to find out, is there anything, without success: rieltersha not pick up the phone, you said that "now can not say anything."In just such fruitless negotiations took place reserved for three months.I do not even know she was showing someone an apartment or not.On the day of the expiry of the contract, I went to the agency disembarrass his papers to the apartment and to terminate the contract.

documents and keys Alice gave up, but the agency did not return the money.Here's how to comment on this situation Gorokhovsky Michael, chairman of the commission with claims "Best Real Estate": At the end of the contract to provide services to the client exhibited certificate of completion, which it may accept and pay for the fare or do not accept.In this case, the client may appeal the complaint commission.And if there is the slightest suspicion that the volume of work performed inflated, then the customer will be immediately refunded the difference, and the perpetrators punished.It is a pity that so annoyed Alice meekly gone.In our contract details are given both with claims commission and the Committee for the Protection of Consumer Rights of the Moscow Association of Realtors.It is a pity that customers rarely read documents.

Or here's another fairly common variant uncomplicated earnings on the client.

Alex Aleshko: Customer calls to the agency, and he said: "Come to us, sign the contract, will make an advance payment, and we will pick up your apartment."Customer response in 99% of cases: no apartment - no prepayment.A particular embodiment immediately offer.The client looks - he likes.He signed two contracts: one with the seller - makes him an advance, and the second - with the agency for services.The contract with the agency points are requirements we generate, though, why they are needed, when a particular apartment is already there, not very clear.But it is usually in anticipation of buying not look like that in the contract is not specified and concrete buy apartments.Customer shall pay the agency an advance payment for services.Then the seller changes his mind and gives the customer the advance, and the agency does not return the money, the deal is not attributable to him fell apart, and the fulfillment of contractual obligations, it does not give up, that is ready to look for an apartment on.And then suddenly he comes up earlier dropped as insignificant point of the contract with the agency that the agency provides 5-10 options to choose from - if the buyer rejects them, the money does not get it back, but the agency believes the contract execution.

way, often finding an agreement on the apartment and customer service concludes and without the presence of a particular variant.It turns out that, by making a down payment for the services of the agency in a particular embodiment, suitable to him, the client effectively becomes a hostage of the formal agreement by which this is the advance payment will not be returned to him have never been.No, come back, of course, if the agency is unable to provide those same 5-10 Apartment, "compliant".So they provide.Only match is exactly blurred, vague requirements that are specified in the contract.As a result, a client or just lose the amount of the advance, or of despair will be compelled to make a disadvantageous purchase.If the client agent has led to "sell" the apartment, that does not mean that the apartment is sold at all: it may already be sold and the agent with the host thus earn may not be sold, but simply belong accomplice rogue agent.It appeared on the market offices, which is the only way to make money and not selling any apartments, they have a stable and non-taxable income (after an advance, as a rule, does not pass on the accounting records).

Mikhail Gorokhovsky: If real estate agent at the same time in the same transaction has paid services and the seller and the buyer, there is a conflict of interest.Because it is not clear whose interests is realtor.In many countries, such legislation is prohibited.But in Russia, there is no legal prohibition.And we, alas, it is a common practice.

Nina Kuznetsova, CEO of "MIAN - Real estate agency": First, no one can force the client to sign an agreement on the terms clearly infringe his rights, that is, the client has the right not to sign such an agreement or require making changes.Secondly, according to the law "On Protection of Consumers' Rights, a consumer is entitled to cancel the agreement on implementation of works (services) at any time, subject to payment of the executor actually incurred expenses associated with the performance of obligations under the contract.That is, if the agency will confirm (that is problematic), which in fact, according to the supporting documents, pursuant to spend on a specific contract with this client claimed as collateral -2 ths., Then the agency's actions are lawful.In all other cases, the failure of the customer services of the agency, as well as, if the client did not pick the desired apartment (service improperly), the agency must return the money to him.

Another very common divorce is considered a reason not fraud, and "violation of professional ethics."It is about concealment of the true cost of customer transactions.That is in addition to the amount due commission realtor receives the difference between the price announced by the client and the real.Example - the story of the letter of our reader.

real estate agency was instructed to turn a one-bedroom apartment and a room in a communal apartment in not the most remote areas in a bigger apartment.That is, to produce an equivalent exchange.Agency coped with the problem: to sell the assets of our readers and gained him an apartment in Butovo.But by chance that after the deal turned out that the apartment was bought to the customer 0 thousand. Less of his old dwelling.This, of course, is the exception rather than the rule: most of the customers more or less adequately assess market conditions.However, the "left" fat client in the amount of -30 thousand. Occurs often.

Such Realtors have long worked and machinery beliefs customers.For example, two careless women, mother and daughter, a slick realtor vparil apartment on the top floor, and without relying for this discount.Buyers started to lift the 15-storey building.Shoppers themselves pressed "14" on the elevator reached the landing, they saw that the ladder does not end there, and is higher in the last floor.We looked at the apartment - all enjoyed it.The apartment purchased.When women customers got the keys and came in bought an apartment, it turned out that she was on the top floor.Just stepping stone house is part of a 15-storey entrances, and part - 14-storey.In their case, the 14th floor was the last, 15th button on the elevator was "dumb" and staircase led to a technical floor.When the realtor called, he said that all warning.

widespread acceptance - "upgrading" infrastructure around the sold apartments.Often, the buyer pays attention not only for housing but also on the "quality" of the neighbors, cleanliness in the stairwell, security, and so on. D. Before showing apartments visionary realtor restore order: give an alcoholic sitting on a bench at the entrance, a bottle of vodka, so thisday "is not gleamed" postelet to visit the buyer at the entrance carpet, put flowers, a table with a "concierge" ...

Sleep: firm responsible

One of the major advantages in transactions involving real estate manager for whichactively pushing in their advertising real estate agency, it is that an experienced and diligent real estate agent will evaluate the legal purity of the purchased apartment and protect against risk.However, in practice this rarely happens.

Gulnara Rahmangulova: Basically verification of legal purity apartments is carried out by the analysis of two documents - Archival extract from the house and an extract from the Unified State Register (Unified State Register of rights to immovable property and transactions with it).In an extract from the house register contains information about everyone who has ever been recorded in this apartment, it is possible to understand who could potentially have on her right.According to the extract from the Unified State Register can be found on the part of owners, encumbrances, how many times deal in this apartment, and if it is resold many times, it can serve as a signal to the fact that it is not necessary to purchase.If the apartment was obtained by inheritance, you can apply to a notary, and it will give information about heir.Most often, the information in these documents is correct, but a full guarantee of legal cleanliness you will not find any one real estate agency.

Agent can not check anything, but simply tell the customer: checking is done - sleep well.And it happens that realtor and see the documents, but will not be able to evaluate them correctly.Alex Aleshko: The market is not just a lot of inexperienced and totally ignorant and unqualified agents.Even if such a piece of paper to show, it still does not understand it.

Anton Mitrofanov, CEO of real estate agency "Housing Strategy": The phrase in the agreement "real estate agency was responsible for the deal" does not mean anything.The Agency is responsible for the transaction, its splicing and conduct, as it is in his best interest.But in no way will be responsible for the consequences of a lawsuit on the recognition of the transaction invalid.We can only recommend the customer to refrain from buying real estate, which is in doubt, submit a report on the verification of documents and the circumstances surrounding the apartment.With regard to the responsibility for the consequences of the transaction, it is appropriate to ask the State (with the Federal Registration Service, in particular), which assures the legitimacy and legality of the contract of sale of its official seal, thus confirming its cogency.Although in practice it immediately hides its head in the bushes, allowing to deal with the problems by the same owners and real estate companies.

Nina Kuznetsova: Unfortunately, under current Russian law, real estate agency can not be responsible for the transaction, so we are all its clients, customers strongly recommend that you insure the risk of loss of property rights.If the risks insured by the buyer, in case of recognition of the sale price of the apartment invalid it will pay the insurance company.

In case of any problems the customer arising through the fault of the realtor and led to material losses, real estate agency will result in civil liability.That is, the client can through the courts to recover from the agency the amount of the fee, although not always completely.The cost of the lost apartment agency will not return.

But realtors are trying to move away from such liability.

Aleshko Alex: Many large agency force customers at some stage to sign a paper, "Not to the claims."