Fraud in the building presale market
Sajjad Taheri
Experts believe that the real estate pre-sale market has become one of the most profitable markets for fraudsters, so that fraudsters, using their special tricks, travel a hundred years overnight and reach the throne. But it is interesting to know that the method and solution of these fraudsters is to use loopholes and legal tools. The main way of abuse by these fraudsters is to use informal transactions or contracts. Fraudsters first buy land and then start building on it. When the houses are partially built, they pre-sell them to people. But instead of selling a unit to only one person, they pre-sell a unit to several people. Their way of working is that they attract the customer’s opinion to buy a house with seductive advertisements. After the customer accepts the conditions, he receives a promise or an informal document in return for paying for it. Fraudsters also adopt this method for other people and in this way they can easily pre-sell a property to several people.
The validity of informal transactions, the reason for selling a property to several people
The reason for this should also be sought in the validity of unofficial documents or affidavits. Since affidavits are not registered in any system, their identification is also denied. Therefore, the buyer is not able to recognize the truth of the seller’s statement that he is the owner. Also, due to the lack of a specific system, buyers are deprived of recognizing whether the property has already been sold to someone or not. As said, this method is one of the most profitable ways of fraud. For example, last year in Qom city, someone pre-sold 130 residential units to 1,400 people and pocketed a profit of nearly 100 billion. An issue that means the loss of capital of 1,400 people and their lack of trust in the law. Why is the pre-sale law of the building practically ineffective?
Although the country has a building pre-sale law, this law does not cover the issue of informal documents and does not solve its problems. This law is ambiguous, and the problems and ambiguities of this law will not be resolved until the invalidity of informal transactions is explicitly stated. In the revision of the law, the phrase “non-acceptance of normal documents” should be included. In addition, if there is an official document, the normal document is not accepted. Then clarify that if there is an official document for a unit, no claim about the person who bought with a normal document will be accepted and no other claim will be heard.
The building pre-sale law does not have a proper enforcement guarantee, “the fact is that the pre-sale law stipulates criminal punishment, but it does not specify exactly what the legal enforcement guarantee is, for example, what is the enforcement guarantee of not using official documents”? On the other hand, in cases such as apartments, it is not possible to prepare an official document before the building is completed. In addition, when in the courts of the country, they refer to the unofficial document as a document of ownership. According to the ownership document, people also trade with it. As a result of this credit, there will be problems such as selling a property to several people.
This post is written by MajidJalali1392