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Perepelchenko Anatolii

Project partner, expert in real estate and construction practice

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Reading time: 4 min.

   At present, the construction of real estate in Kiev and the Kiev region is the first steps in the territory of Ukraine. The choice is currently quite wide and diverse, from small apartments of "smart type" where large country houses and apartments.

   However, along with the terrifying scale of construction, cases of illegal actions on the part of the developer are increasing, which is, as a rule, the lack of permits for land, for construction, for communications, and so on, misleading buyers and committing fraudulent acts against them, As a result, you are left alone with your own problem, with an apartment that seems to be in a completed building that is not put into operation and does not have any permits. In this case, usually, the "developer" disappears, and managers, consultants, and other persons who were related to the design of yours like documents shrug their shoulders, without a logical explanation.

   Potential real estate buyers are generally unaware of possible risks and often do not suspect of troubles that can occur at every step, even where there seems to be no reason to worry. Therefore, we tried to list not only the causes of the risks to the documents, but the overall risk of unsuccessful purchases.

   The risks that consumers are suffering when buying an apartment and its causes:

  • If you buy an apartment yourself without enough experience and understanding of the nuances of the purchase process;
  • If the purchase of an apartment occurs without proper verification of documents and history;
  • You risk buying an apartment expensive or very expensive if you do not have a pre-shared understanding of average market prices and price conjuncture;
  • The risks are high if you buy real estate without understanding the buying procedure;
    You are at risk if you listen or invite incompetent persons, friends, acquaintances to make decisions;
  • Illformate or not formulate a deposit in advance (prepayment agreement);
  • If the contract of pre-payment will be executed without the originals of legal documents;
  • If the prepayment agreement is signed without witnesses.

When dealing with realtors, some buyers are sometimes going to cheat the real estate agent and sometimes they can turn their own realtor from an ally to the opponent, which may cause unfavorable for the customer development of further events.

First of all, when you make any documents on the purchase of real estate, you must apply to competent lawyers, and primarily not dependent, as those located in residential complexes, and those provided by the developer as usually interested in the fact that in any case You have purchased a home just for them, and for favorable conditions for them.

   However, if you are still a victim of scam artists, and a "owner" of a virtual home, then you do not have to drop your hands, plunge into depression, and seek a new builder. First and foremost, according to the order of art. 214 of the CPC of Ukraine, it is necessary to apply as soon as possible to the law enforcement authorities regarding the commission of the offense. As practice shows, law enforcement agencies will accept your application, will not take any action to enter information into a single registry of pre-trial investigation, and after 10 days they will conclude that there are no criminal offenses in the actions of those or other persons and the existence of civil legal relations between you and the developer » This is not a way out of the situation, and this conclusion is not an obstacle to prolonging the illegal activities of the "developer". You will be offered a lot of options, one of which is an appeal to a civil suit, but this is only an unproductive expense of your time. We need the information immediately to be entered into the Unified Register of pre-trial investigation, and only in this case we can stop the illegal construction, block the pseudo-developer accounts (arrest), track its movement and, if possible, block the departure of Ukraine (in case of suspicion), and if, however, the so-called developer managed to seize money, then the latter has the opportunity to announce a search, impose arrest on his movable and immovable property, and expect him to come to Va and offer to pay damages. But I emphasize once again that this can only be done after the introduction of the information into a single register of pre-trial investigation (ie, to institute proceedings against the last criminal proceedings). Why is it so difficult to apply on its own and follow the process accordingly, and all because in most cases the law enforcement system works closely with developers, and therefore it is not profitable to create obstacles for the illegal activity of pseudo-builders.

   Finding a way out of this situation will help you with the expertise of the PJSC "Prykhodko and Partners", who have the experience and practice, in solving the problems that you encounter when buying a home.


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