Apartment "at random"
Without having found out that it for the apartment and whether isn't present still applicants for it, Proshchuk Elena bought the apartment down the street Is new - Pirogovskoy, in the city of Kiev.
According to selling the apartment, her hostess Ovcharenko of Lada, left that it examined the old woman living in the neighbourhood - bought it drugs, prepared, erased, cleaned the apartment. In an award for it, the old woman presented it the apartment, having issued the contract of the lifelong contents. Naturally, after death of the old woman the apartment carried over Ovcharenko.
A little strange that the lifelong contents lasted only four months seems. It seems that by the time of apartment donation, the old woman was confined already to a bed and presented the apartment to the stranger only because the daughter and the full age granddaughter living on one platform with it, didn't give help to the ailing pensioner. Could be and other circumstances. Anyway, Ovcharenko issued inheritance, registered in the apartment, but it wasn't necessary to live it there.
After death of the grandmother exorcized related feelings of the granddaughter, it was a pity for it for the grandmother, and this apartment was expensive to it, as memory of it. Didn't want Aleksandrovn's Lada to get into dispute with relatives of the died - the disputable, one-room apartment should be sold to Elena Proshchuk.
The contract of purchase and sale issued on January 30, 2003. The customer delivered on the same day part of things to the acquired apartment, but didn't manage to become populated. Next day the granddaughter broke a door of the disputable apartment and lodged there. For bigger reliability, I partitioned off a corridor and I put an additional door, having blocked, thus, access to the apartment which is once belonging to the grandmother.
On Ovcharenko's arrangements to pass to the apartment of the new owner the granddaughter refused. It was necessary to address in department of executive service. Goloseevsky regional management in Kiev. The terrible requirement of executive service "till February 19 this year to clean an obstacle ", remained a good wish, after all responsibility for non-performance of such decisions by the law it isn't provided. Nobody dared to take down partition force.Especially as the granddaughter опро - a test oval this decision, referring to that she "is at war" with the native grandmother for this apartment since two-thousand year as the grandmother at first presented it housing, but then I cancelled the contract of donation and I presented the apartment to Ovcharenko Elena. Naturally, the granddaughter disagreed and appealed with the statement of claim to court with claims to the grandmother who unfairly deprived of her "gift".
The grandmother proved that the granddaughter isn't worthy to own the apartment because doesn't give necessary help on economy, and the granddaughter disproved words of the grandmother supposedly it "doesn't know that creates" because of age. The grandmother died, and the granddaughter continued fight against Ovcharenko for a dwelling right of succession. And if it so, the apartment remained disputable, and it couldn't be sold, but Ovcharenko everything is risked and sold disputable housing as it is told in the contract, for 12 thousand nine hundred twenty one hryvnias (read 12900 US dollars, - the Bus)
Naturally, these circumstances can be referred to the latent defect of the sold property, and the buyer of the apartment Proshchuk Elena expected to return the money back, but not here - that was. It could return only the sum specified in the contract in hryvnias that in five and four tenth time there is less than the real sum paid for housing. Then that, chasing cheap benefit, in the form of state duty reduction, Elena Aleksandrovna lost 54 thousand hryvnias. Such option obviously didn't suit it. What to do?
This question was asked themselves by many great people. The answer always was one - it is necessary to clang all bells and to fight to a final victory.
Revolutionary ideas are still live in the people, and Elena Aleksan - дровна decided to take storm an unapproachable partition and to get into the apartment force. Together with the acquaintance they broke in a corridor, but they didn't manage to come into the apartment.
I waited for them armed than got an ambush. I was her mother and two sisters on the side of the granddaughter, one of them appeared... seller of the apartment Ovcharenko's Lada! "Wons it that - they are sisters, surnames only different at them, and all at the same time. Means, the grandmother presented the apartment at first to one granddaughter, then other granddaughter "drove up on a goat" to the grandmother, and it refused to the first granddaughter and presented the apartment to the second granddaughter, and that decided to sell the apartment which has got by inheritance, having waved a hand on the sister. But they together, also beat me amicably. If sisters reconciled - to me not to see the apartment" - Elena thought, waving away from "Seller" of the apartment, her sister and mummy.At this time "Seller" from everything to scope I put in "Buyer" such slap in the face that her thoughts disappeared at once.
"Fight" proceeded some hours with variable success and several times interrupted for negotiations. During negotiations many "warm words" and "wishes" which I won't dare to give to publicity were stated. It encouraged participants of negotiations, and they walked quickly on rapprochement with each other.
Having finally grown weak, attacking receded. To them fine got. Beaten till it bleeds, they asked for medical care and were surveyed at the forensic scientist.
The annoying that during "fight" defenders of the dwelling cried out: "Go to court, we will return yours of 12 thousand hryvnias that you paid for the apartment under the contract and be healthy". From these simple and clear words the jimjams passed, forces left the attacking. "How carried out, oh as carried out us? My God you mine to lose ten thousand dollars out of the blue? " (By the way, they cheated themselves, it is impossible to neglect requirements of the law and to buy from a bay - барахты real estate too it isn't desirable, - the Bus).
The second stage "fights" - bloodless began. The customer decided that she bought the apartment legally and if to defend it, loss of property won't be. Seven months the buyer of housing Proshchuk defends the rights in vessels - from the first to the highest judicial authority and Ministry of Justice, from regional management of militia to the Ministry of Internal Affairs and the Prosecutor General's Office of Ukraine. To solve dispute concerning property of the apartment it appeared not simply.
Formally, in actions of the granddaughters protecting the grandmother's apartment, there is an arbitrariness structure (in the disputable apartment there are things of the declarant, and it can't use them), and also causing slight injuries, but it doesn't solve the main problem. The court has to tell the word. At first Ovcharenko's "Seller" has to win in court dispute according to the statement of claim against the sister with whom they already reconciled and even joint efforts successfully reflected attack of the next owner of housing, and the issue with "Buyer" will be resolved then.
The contentious case on the apartment between sisters was already tightened for long three years, how many still it will be considered provided that both parties deliberately tighten its consideration, it isn't known, and this question very much disturbs "Buyer". As it will be, time will tell.
From time to time the person, called itself "Buyer", comes to the house where the apartment acquired by it is located, resembles near the house, will sit on a small bench and comes back to itself to the close and inconvenient dwelling. "Seller" doesn't argue any more with "Buyer", "he" with pleasure looks at the foe through a window. In general "Seller" likes to look at "Buyer" through a window, especially when that becomes wet in the rain or stamps the frozen feet and can't be warmed in any way. At heart will melt heat and it is joyful. And the wry smile, isn't present and will run on a face of "Seller".
Taking apartments of citizens - the most sore point in Ukraine. Today there are almost not protected from an arbitrariness of swindlers pensioners, children, disabled people, single mothers. And to you it isn't necessary to speak about addicts. Will stick the raised dose of drugs - and everything, the apartment isn't necessary to it. Try, understand when all veins so исколоты that you wonder as this person in general lived.
I don't want to frighten the reader, but I will tell, as murders of owners of apartments suffice. Two years in the city of Nikolaev Grigoryev's group which participants committed murders of owners of apartments with the subsequent sale of their dwelling through the real estate agency created by them worked. Lime broker offices with which the terrible trace tried to keep step, were revealed in Poltava, Odessa and other cities.
For the purpose of a taking housing and money of buyers of apartments, spouses Drema in Odessa region killed four people, in the city of Sevastopol the owner of the apartment, his cohabitant and the buyer, decided to get the apartment on cheap stuff and so on is killed. In some cases criminals demanded from victims to issue on figureheads the contract - an assignment for sale of their apartment then killed owners.
From - for limitations of number of the pages allocated for a subject of room frauds, stories about frauds under the guise of issue of loans by the organizations and individuals here didn't enter. Instead of pledge of the apartment, an ofor - мляется the contract of purchase and sale of housing, actually for nothing.
Such, if one may say so, the contract vessels admits competent with all that it implies. Many lost housing, having put it in bank or in a pawnshop (it now practices, transactions with a pawnshop in which the real estate appears, I would advise to be careful especially). If the apartment only one to put it and it isn't necessary to repawn.
The contract of the lifelong contents which often substitute for the donation or purchase and sale contract is casually mentioned. Usually, after the conclusion of the contract пожизнен - a contents foot for various reasons, pensioners are on street, without money and without housing or in general go to a better world. As - that I involuntarily overheard conversation of two acquaintances among themselves (not young) women who have happened in the subway.
- Valya, hello! As you, what do you do? I here without - work, am interrupted which - as, - one unnaturally smiles.
- Yes anything. Now I am engaged in business, - laughs, - "dogodovy" to death of old women. Two already "догодувала" in only one and a half years, the third on the way.
- How it?
- I politely treat them, attentively I look after them. You know, old women very much like to be treated. I on doctors. To one, another. All she complains. Понавыписывают to it mountains of drugs. I buy and strictly I watch that she drank all this. Then itself I stock up with such drugs. Slightly that - here it accept or it, it becomes easier for you. That's all secrets. Half a year of such treatment, and any will go out. In hospital I look after it, I serve drugs, let drinks, let it is treated.
She laughs, having bared large, false teeth. In process of continuation of the story of Valentina about the life, about the ways "treatments" of old women, the person became more rigid than it, cheekbones and a chin stuck out more and more, lips stretched, the mouth increased, teeth was more and more bared, its smile reminded an animal grin. It was the death, only the braid at it wasn't.
The way of a taking by housing of lonely pensioners - men under the guise of "providing" to them work, increases of pension and their "marriage" is very widespread on young women. Except a case with Naumov, the separate story "Family contract" is devoted to this subject. Happens that young men too marry elderly women, is frequent - with the purpose to inherit its apartment and other property, but they don't show insidiousness and quietly expect death of the "dearest" spouse. Such old woman lives in Kiev on the massif Obolon. Over the last ten years she time five married young men. Three husbands died, two left her so her heart is now free, and not old it still, it doesn't have also eighty, there are no some months. The apartment, giving, the car, health and courage - everything at it is.
Happens that lodgers sell housing removed by them.Not isolated cases when lodgers advertize in newspapers and agree with the buyer about housing sale on cheap stuff, pledge, sometimes the sum of pledge demand reaches 4-5 thousand dollars. After a while the buyer finds out that him deceived, but the swindler already replaced a residence.
The owner of the apartment in such cases doesn't bear responsibility. Quite often speculators remove housing and hand over it at once to several lodgers. The swindler hands over to the first of them flat keys and leaves. Other lodgers from whom the speculator managed to tear off money for half a year forward start besieging such tenant of housing. All have official lease contracts of the room on hands. In the end appears real соб - a stvennik of housing. Mute scenes it is impossible, but such cases come to an end with large scandal surely. While in such dispute there will be a truth which - a coma and "lamp" can suspend under an eye, most often to the owner.
It is attentively necessary to study various zhilishchno - systems - telny cooperatives (before to become their member), which the set bred, among them is and it is powerful - nichesky. One take control of money of all members of cooperative at once, others sell already built apartments, returning to the unlucky investor obesets - nenny money or offer housing worse. Here it is impossible to allow any changes of conditions and redrawing up contracts.
The same situation is noted and in other countries of the former Union - the legislation - that same. In Moscow and Sankt - Petersburg, for example, there is the real hunting on lonely with housing.
Issues positively in favor of the people who are below the poverty line also because the state aren't resolved is interested that all citizens extinguished debt on housing. On "the big account" if at the poor pensioner to select the apartment and to transfer it to the dishonourable person, but with money, the Power from it only will win. Won't please pensioners and the new Housing code because it is planned to legalize collection of large penalties from the sum of debt on housing and deprivation of apartments of needy citizens if they don't pay in due time a rent. Probably, it and a way out concerning those who doesn't wish to pay for the apartment, having for this purpose all opportunities. To resolve an issue of a liability everything - it is necessary only through court. And it isn't obligatory to seize the apartment. There is also other property.
In our opinion, at first it is necessary to provide неприкос - a dwelling novennost with all power of the law, even to the detriment of various schemers from ЖЭКов, Bureau of technical inventory, to notaries, brokers and fans of an easy money - representatives of "layer" of the population that is called in the people as speculators.
Officials from the Power need to make additions where it would be directly specified to instructions that, in case of the slightest derogation from an established order of delivery and registration of the relevant documents, they will bear responsibility including in the form of compensation of the done harm by the victim, and the contract of purchase and sale of real estate is subject to cancellation.
Contracts of an assignment made now, purchase and sale, transfer are so formalized that the swindler needs to put only a dagger instead of the signature. No, so won't go: both the buyer, and the seller with own hand have to enter data on the passport, put down surnames and the sums paid for acquired property.
Where today it is possible to go with the contract of purchase and sale of the apartment or the power of attorney where all text is printed on the computer, the "zakarlyuchka" called by the signature is by hand put down only? That the militia or court can prove according to such document as to identify it with the performer.
That you want from us - the swindlers who have made for convenience of deception symbolical forms. Officials, having made - shy instructions for itself and not provided in them anything concrete to protect the simple person from an arbitrariness of schemers, come round - tomorrow you can appear on a place of people whom on your favor made unfortunate for the rest of life!
Who told you, what own housing of the person can be sold from a hammer for debts on the rent, grown repeatedly in the form of percent for their untimely payment? From the leased room for failure to pay it is possible to move the resident and that in the summer, and it is very careful. That is the owner can move the lodger - and everything that becomes in the West. In other cases there comes other responsibility, up to administrative detention for non-performance of the judgment on repayment of debts.
Concerning pensioners, disabled people, children, single mothers - them tutorial councils have to take under protection. Naturally it isn't formal as it becomes now concerning minors, and with departure in a residence of these people and drawing up the relevant document with conclusions about legality of the transaction.Let the buyer of such housing pay in treasury a certain sum "for services".
While we won't make it, many will lose housing and won't be able to defend it neither on a consequence, nor in court. Also the obezlichka of the citizens who have turned from normal people - in deprived of civil rights will proceed for a long time.