The history of the seller of the apartment, which was deceived with a bank cell
Even insignificant, at first glance, the phrase in the contract of sale of the apartment can cause trouble. Therefore, any contract must be read carefully (better out loud) and comprehend each item. The document may contain a tricky wording, due to which property can be lost.
How should it be ideally? The seller and buyer of the apartment agreed on the price and prepare documents. On the day of signing the sale and sale agreement, the price of the apartment is laid in a pre-leased banking cell. The seller receives them after the contract will be held state registration, and the apartment will go to the property of the buyer. To do this, he must present the original of this agreement registered in Rosreestre, as well as the general passport and the key from the cell.
However, in the history of the Moscow family, Gavrilov, everything came out otherwise - due to one short line in the contract, which did not bother them. And in vain.
A couple of years ago, Gavrilov decided to sell an apartment in the center of Moscow and move to live outside the city. There was already built a good house from a bar, and in order to complete the finish and make a decent landscape design on the plot, they needed money. Credit for the right amount they could not get, and the spouses decided to sell "treshka" on clean ponds, to buy -The smaller and away to have permanent rental income. And itselves live a calm country life, as long ago dreamed. The buyer had to look for quite a long time, but finally he was found and made a deposit. It seemed that the long-awaited repair of the house and relocation was not far off.
But a vigilant realtor Nikolai Ivanovich, who represented Gavrilov, drew attention to a suspicious point in the rental agreement of the bank cell. He concerned access to the cell, which the seller received, if - attention! - When the money is notching, the buyer will be present.
That is, Gavrilov could pick up money from the cell for their sold apartment only in the presence of the buyer - Alexey Nikonov.
"Why is it required?" - Nikolai Ivanovich asked, by the time he managed to accompany a lot of transactions on the sale of apartments. "I must secure myself," the buyer's answer was. "You never know what might be, I want to make sure that the seller took the money, and receive a receipt from him on the same day."
This argument Nikolai Ivanovich did not convince. "We can write a receipt now, put it in a neighboring cell, and you will come and take it, presented by a registered sales contract. Though on the same day, we warn you, "he suggested. But the buyer refused such a scenario and continued to insist on his.
Gavrilov, fearing that the deal will be angry, advised and decided to agree.
"You will note," the realtor warned them, "he may simply not appear in the bank before the end of the lease of the cell, and then simply take the money - so spelled out in the contract. And I can no longer help you. "
But the spouses decided that their agent is reinsured. They took a business card from the buyer with the contacts of his company - she was presentable, with gold embossed - called the phone indicated on it and were convinced that the secretary of the group of companies was answered there. They asked to connect with the commercial director, and the secretary translated a call to the mobile, who immediately rang about Alexei Nikonov - the buyer of the apartment.
"Will not disappear," Gavrilov signed confidently, and the head of the family signed a contract. And then the events developed exactly as Nikolai Ivanovich predicted. The contract of sale was registered, and Gavrilov tried to phoned with the buyer, but his mobile did not answer. In the office of the Group of Companies they said that this man fired a week ago, and their other contacts, except for mobile, they now have no. At the address of the registration indicated in Nikonov's passport, no one opened the door, and the windows of his apartment remained dark a few evenings in a row, when Gavrilov had come there, Nikolai Ivanovich.
Peter took an attempt to pick up money, motivating this by the fact that he could not find the buyer - but he did not listen to him in the bank. "The contract is a contract, there it is spelled out," the manager said him, "and where is your buyer, we do not know and cannot be responsible for it."
On the day of the end of the Cell rental agreement and a few more days after this, Peter Gavrilov was on duty near the bank, hoping to podkraboli buyer. But from this, too, nothing came out: Nikonov's passage was not able to wait.
"The only thing I can advise you is to go to court," said Nikolai Ivanovich. - You fulfilled all the terms of the contract, and the judge will be on your side. Money to return is unlikely to succeed, but the state registration of the contract may be easier to appeal, so you again get an apartment in the property. "
Gavrilov hurried to file a lawsuit. Its consideration lasted for more than a year, the buyer was not at meetings. By the way, he took an attempt to quickly resell an apartment, but the court managed to impose a ban on all operations with controversial property.
The final of this story is: the ownership of the Gavrilov apartment returned, and they could again put it on sale.
"But after such infants, we have no strength, nor the desire to do this," Peter Gavrilov complained. During this time, he managed to take a loan and finish the finish of the house, and the "treshka" on clean ponds is going to rent.
Alexei Nikonov was announced wanted, and as a result detained. It turned out that it was not one such deal, and a couple of apartments obtained in this way, he managed to resell. Help him, for example, what their owners lived abroad, weakly controlling the situation. At such confusing cases, those who bought the apartment from him, having hung at the low price.
P.S. The story is not mine, it happened not with me, and not the fact that it really happened in reality, but nevertheless, her morality is:
- Do not neglect the advice of specialists (lawyers), if going to conclude any contract (and especially the sale of the apartment),
- Any contract read very carefully and out loud - so less risk to miss anything important,
- In conflict, do not hesitate and contact the court.
A source