Fraud in buying and selling real estate
Fraud in buying and selling real estate : Today, in the courts, fraud in the purchase and sale of real estate occupies a large part of criminal and real estate cases. Obviously, there are many real estate transactions throughout the year. In this market, profiteers steal other people’s property and violate their rights. This type of fraud is done in different ways. But it should be noted that if people are familiar with the methods of fraudsters, they will fall into their trap less and will not suffer losses. or minimize possible losses. In this article, by examining the methods and punishments in this discussion, be with us.
What you will read in the rest of this article
Fraud in buying and selling real estate
Fraudulent methods in buying and selling real estate
Fake real estate offices for real estate fraud
Preparing a fake affidavit in fraud in the purchase and sale of real estate
Fraud in buying and selling real estate without visiting the property
Fraud in buying and selling half-built houses
Fraud through the sale of housing in a bank mortgage
Fraud through the payment of bank facilities
Complaining about fraud in buying and selling real estate
Punishment for fraud in buying and selling real estate
Fraud in buying and selling real estate
Fraud in the buying and selling of real estate is the presence of fraudulent acts and deception, in such a way that the perpetrator takes the property of the deceived person and becomes the owner of it. The conditions for proving fraud are as follows:
Proving deception on the part of the fraudulent person using fraudulent means or lies.
Proving that a person has been deceived and has given his property to the fraudster with his consent through this deception.
The taking of property by a fraudulent person, if proving this condition requires financial loss to the deceived person, and the fraudster gains profit by taking the property, it is realized.
Fraudulent methods in buying and selling real estate
In this section, we describe the most important fraud methods in buying and selling real estate. These methods are as follows:
Fake offices and real estate fraud
Preparing a fake affidavit
Buying and selling housing without visiting the property
Buying and selling semi-built houses
Sale of housing in bank mortgage
Payment of bank facilities
In the following, we will examine each of these methods separately.
Fake real estate offices for real estate fraud
In defining this method for fraud in buying and selling real estate, we must say that some people may open illegal real estate offices without permission. Or even though they have a license, but their license is revoked, but they continue to operate after that. These offices have people as accomplices who introduce them as sellers. They sell their property for a small price to several people and after receiving a part of the price of the property, they run away without leaving a trace.
Preparing a fake affidavit in fraud in the purchase and sale of real estate
In this method of fraud in buying and selling real estate, profit-seeking people commit fraudulent acts in preparing the affidavit. They include things in the terms of the contract that are untrue. To avoid this type of fraud, do not sign the affidavit without reading it thoroughly.
Fraud in buying and selling real estate without visiting the property
Sometimes it happens that fraudsters show a unit to the seller for purchase. Then they claim that this house is similar to the unit they are looking for. In other words, they trade the property based on its specifications. This is despite the fact that after the transaction, the buyer notices the shortcomings and differences. Therefore, before buying a house, be sure to visit the property in question, so as not to be deceived by people for the purpose of fraud in buying and selling real estate.
Fraud in buying and selling half-built houses
At the very beginning, we must say that this type of fraud is very common in buying and selling real estate. In this way, fraudsters prepare half-built houses for trading. Or in other words, they sell houses in advance.
This is despite the fact that these houses are not going to be completed at all. In this way, the fraudsters run away after setting up the declaration and receiving the advance payment. To prevent this from happening, if you intend to buy a prefabricated house, you must sign a contract with trusted people.
Fraud through the sale of housing in a bank mortgage
The sale of mortgaged property is not considered the sale of another property. But the seller must inform the buyer about this before the property transaction. In some cases, we see that even though the house is in mortgage, it is sold without informing the buyer. To avoid this issue, make sure to do all the necessary inquiries before buying the property. Also, avoid buying a house on mortgage as much as possible. But if you deal with a mortgaged property, specify this topic and the mortgage period in the contract to prevent fraud in the purchase and sale of real estate.
Fraud through the payment of bank facilities
Profiteers and fraudsters establish companies in the name of providing bank facilities for buying housing. Then they start working in this field. After receiving money from ordinary people in the name of banking facilities, they shut down the company and run away. In order not to fall into the trap of such profit seekers in the discussion of fraud in housing transactions, you must refer to the bank itself to receive facilities. In other words, avoid referring to affiliated companies.
Complaining about fraud in buying and selling real estate
In this section, we are going to examine the method and procedures of complaints in this discussion. To complain about fraud in the purchase and sale of real estate, the following steps must be taken:
The complainant must refer to the judicial service offices and file a complaint about fraud.
After examining the complaint, the judicial service offices refer it to the competent court. You should know that the competent court is the public court where the crime of fraud occurs.
After referring the complaint, the investigator orders the presence of the accused or the accused and the complainant in the courtroom.
Then, the plaintiff’s evidence and documents and the defendant’s explanations are reviewed by the prosecutor’s office, and preliminary investigations are conducted and, if necessary, referral to experts.
After completing these steps and finishing the preliminary investigation, the prosecutor’s office issues the appropriate order. If after doing these things, the accused’s guilt is not proven to the investigator, the prosecutor’s office will issue a prohibition order. As a result, the proceedings will end at this stage. Against this situation, if it is proved to the investigator that the accused has committed a crime, the prosecutor’s office will issue a summons to the trial. Then he sends the appointment along with the indictment and the case to the competent court. In this way, the final verdict will be issued by the court.
Punishment for fraud in buying and selling real estate
As a final word in this section, we mention the punishments for the crime of fraud in buying and selling real estate.
If it is proven that the accused is guilty, the court will sentence him to the legal punishment prescribed in Article 1 of the law on intensifying the punishment of the perpetrators of bribery and embezzlement. According to this legal article, the punishment for this crime, in addition to denying the original property to its owner, is imprisonment from one to seven years and payment of a fine, equivalent to the money he has collected.
According to the law, if it is determined that a real estate agent has been involved in defrauding individuals, he will be prosecuted and may be introduced as an accomplice or deputy in it.
Also, according to Article 117 of the Real Estate Registration Law, selling property is not a crime, and in case of detection, the punishment will be three to ten years of imprisonment. Therefore, the cooperation of real estate consultants for fraud in the property can be prosecuted.
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