10/12/2021
What will happen if you do not know about the documents and buy an apartment with emotions
We agree that sometimes emotion takes precedence over reason and calculation. Some people find it difficult to think about documents when they like the price and location, and the view from the windows, and even the seller himself. But what happens if you buy an apartment with problematic documents.
In 2020, investigators from the prosecutor's office reported a suspicion of a fraudster who, using a fake power of attorney from the owner, sold an 8-room apartment in the center of Odessa on Deribasovskaya. The price of the mistake for the buyer was almost 3 million hryvnia or 105 thousand dollars.
And now it doesn't matter how many rooms there were and where the apartment is located at all. There will be a court in this case, and as a result, most likely, the fraudster will not have any property and money either. She has already divided the total earnings with accomplices. The buyer is likely to lose the entire amount paid for the purchase.
The transfer of ownership was formalized with a notary, and realtors were most likely present in the transaction. And as you can see from the materials of the case, all the same, the buyer was left without money and without an apartment, because he cannot use it - this is the property of the previous owner.
Who is to blame for the current situation with the apartment
The perpetrators will be determined by the court, but of course it is a swindler or a group of people who organized such a fraud. They face up to 12 years in prison. And the culprit can include all people associated with the transaction, including the buyer himself.
It is worth looking for mistakes in yourself first of all. Trust is useful, but the middlemen might have had a share because they were just selling the apartment and were interested in the deal in order to get their commission.
The buyer simply did not have the knowledge that scams in the secondary and primary markets in Ukraine are not uncommon and it is worth checking the documents before buying. But everything happens in life and no one is perfect. All comes with experience. It turned out to be a very expensive experience.
The notary, if he was not among the accomplices of the fraudster, cannot be directly accused. According to Article 27 of the Law of Ukraine "On Notaries", a notary is not liable in case of knowingly providing him with false data.
These can be fake, invalid documents, untrue information, false testimonies about persons whose rights and interests may be infringed upon - children, spouses, relatives.
His task was to conduct a transaction and simply formalize the transfer of ownership, which, as we see, happened. And then, if such situations arise, an arrest is simply imposed on the apartment and further actions are determined by the court.
According to statistics for 2019, every 10 apartment in Ukraine is a risky investment of money. But people still end up in the hands of scammers because they don't care about the documents.