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Real estate fraud: legal aspects and remedies

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Миколаєнко Олена
Lawyer
Ukraine / Kyiv
Миколаєнко Олена

i

Reading time: 6 minutes Total views: 119
Rate:
5
Publication date: 29.05.2024

Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law

Real estate fraud is one of the most common forms of economic crime in Ukraine. In the context of high real estate prices and complex legal procedures related to the sale, purchase or lease of real estate, citizens often fall victim to fraud. This requires careful legal regulation and effective protection measures.

Types of real estate fraud

  • Forgery of documents: Criminals use fake documents to sell property that does not belong to them or to register ownership of someone else's property. This often involves forging sales contracts, powers of attorney and other legal documents.
  • Double sale: The same property is sold to multiple buyers. Fraudsters receive money from several people and then disappear. As a result, the buyers are left with no money and no property.
  • Deception during the lease: Landlords can deceive tenants by providing false information about the condition of the property, its legal status or the terms of the contract. This often involves renting out a property that is already leased to another person.
  • Fraudulent agencies: Pseudo-real estate agencies promise to assist in the purchase, sale or lease of property, take advance payments, but do not provide any services. After receiving the money, such agencies disappear.

Legal aspects

Pursuant to Article 190 of the Criminal Code of Ukraine (CCU), fraud, including real estate crimes, is a criminal offence. Different forms of fraud are punishable by different types of penalties.

Ways of defence

  • Legal verification of documents: Before entering into any real estate transaction, it is necessary to conduct a thorough check of all documents. This includes verification of ownership, history of transfer of rights, encumbrances and arrests. Legal assistance in this regard can be provided by lawyers specialising in real estate.
  • State registration of rights: All real estate transactions must be registered in state registers. This ensures publicity and transparency of property transfers and reduces the risk of fraud.
  • Due diligence: It is important to check the reputation and legal capacity of counterparties, especially when it comes to real estate agencies or individuals. This can be done through open registers, customer reviews, and other available sources.
  • Turning to professionals: Involving qualified lawyers or attorneys at the stage of concluding real estate transactions can prevent many problems. They will help you draft the right contracts, conduct the necessary checks and protect your interests.

If you have become a victim of real estate fraud or want to protect yourself from possible risks, contact professional lawyers. On the Consultant.net.ua website, you will find experienced professionals who specialise in criminal cases, including fraud under Article 190 of the Criminal Code. A fraud lawyer under Article 190 of the Criminal Code will provide you with professional assistance at all stages of the case. If you need a Fraud Lawyer or a Lawyer under Article 190 of the Criminal Code of Ukraine, please contact our experts for quality legal support.

Conclusion

Real estate fraud is a serious problem that requires a comprehensive approach to solve. Effective legal assistance and protection measures will help reduce the risk of fraud and ensure the protection of victims' rights. Contacting qualified lawyers is an important step in preventing fraud and protecting your interests in the event of fraud.

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