What are the risks of letting buyers preview the red book?
1. What are the risks of letting buyers preview the red book?
The development of information technology brings many conveniences in people's lives, however, the increasingly modern applications used in practice bring advantages but also partly help some crooks take advantage of them. Tools and means to exchange documents to create fake documents to commit illegal acts. If real estate owners are unfortunately caught up in this situation, they are unknowingly involved in one or more fraud cases in which bad actors take advantage of real estate information. Fraudulent tricks to sell land with fake red books are often expressed in the following forms:
– In order to create trust for individuals who want to buy land, these subjects, after collecting information about the real estate red book, set up ghost companies and offices and then run aggressive advertising on the Internet. social networking sites and posted many images from real estate projects of large, reputable companies.
The purpose of this is to create trust, credibility and also approach customers to provide much cheaper asking prices than other companies, offices or real estate markets.
In fact, the use of virtual addresses is extremely common, making it difficult to retrieve information and specific addresses where these office companies are located.
– In addition, these subjects can impersonate real estate project staff of large, reputable domestic companies and then falsify project documents along with communal land use rights certificates to defraud money. buyer's deposit;
– The next form of fraud mentioned is pretending to be someone who wants to buy land, contacting the land owner to ask to see the land use right certificate and then taking advantage of the land owner's trust and negligence to conduct the exchange. Real certificate of the homeowner;
- The trick mentioned is to fake the red book or edit the land owner information to match the citizen identification information of the fraudster or fake the identity to match the information on the book. Real red leaves are left intact and sold on land contrary to the law.
According to the assessment, the above acts of forging documents and certificates only target deposits from individuals wishing to buy land. Therefore, when signing a deposit contract, notarization is one of the mandatory things to do to limit the problem of fraudulent appropriation of the deposit.
– These subjects not only defraud individuals but can also use these fake documents to credit institutions or banks to borrow capital with the purpose of appropriating the loan amount from the organization. credit position.
2. Things to note when letting people preview the red book to avoid risks:
The need to buy and sell real estate is completely legitimate, however, the process of carrying out this purchase and sale needs to be in the correct order and with certain vigilance and precautions:
– When people want to sell their house, they should not photocopy or provide all real estate document information. In particular, you should not post all this information on social networking sites because it is easy for criminals to take advantage of them to falsify documents;
– To create trust with buyers, the homeowner provides information recorded in the red book. This provisioning process should only show part of the content, the rest must be covered up;
– Anticipating the situation of being swapped without precautions, the homeowner needs to have separate marked items that only the owner knows about in the original red book. This mark must not affect the validity of the red book and can be easily removed;
– When selling a house, home buyers go in groups or ask questions to distract them while showing them the original house documents. They need to be really alert in this case and pay attention. Red book avoids having its numbers swapped.
– In case you discover that your book has been swapped and you currently hold a fake book, you need to urgently report it to the competent authority or branch of the district land registration office where the authority is located. paper to promptly prevent illegal transactions.
3. How to verify fake and real red books to avoid fraud?
The common psychology of people who want to buy houses or land is to confirm clearly whether this land has a red book or not, whether this real estate area is in the planning area or is distrained or not. Therefore, the need to directly view the red book to verify information is a legitimate request, but in addition to relying on the information provided by the real estate seller, individuals can verify the information themselves. about the red book of people whose real estate is being sold at the certification agencies recorded in the red book.
As noted in Article 37 of Decree 43/2014/TT-BTNMT dated May 15, 2014, to verify whether information about the red book is real or fake, individuals can go directly to the agency below to conduct verification. information:
– For localities where real estate is located that has established a land registration office, the Department of Natural Resources and Environment issues certificates of land use rights, ownership of houses and other assets attached to land. ;
– In cases where localities have not yet established a land registration office, there will be two agencies that can verify information:
+ First, you can go to the Department of Natural Resources and Environment to issue a certificate of land use rights, ownership of houses and other assets attached to land if this land is allocated to an organization or religious facility; Vietnamese people residing abroad implementing investment projects; foreign organizations, individuals or enterprises with foreign capital;
– When buying and selling real estate with households, individuals, and Vietnamese communities residing abroad who own housing associated with residential land use rights in Vietnam, the People's Committee shall grant The district is the agency that issues certificates of land use rights, ownership of houses and other assets attached to land.
Thus, depending on the subject of the land purchase and sale transaction, the individual will verify the red book information at the corresponding competent authority. Procedures to carry out red book verification need to follow the steps below:
Step 1: Prepare documents to request red book verification
Individuals who need verification will prepare a request form No. 01/PYC issued with Circular No. 34/2014/TT-BTNMT dated June 30, 2014 at the authority issuing the rights certificate. Land use has been recorded in the red book;
Step 2:Competent authority to receive and process requests:
– After receiving the request from the individual, the agency competent to provide land data will receive, process and notify the requester of financial obligations. During the review process, if you refuse to provide data, you must clearly state the reason and respond to the individual or organization.
– If households and individuals have completed all financial obligations, the land data provider will provide land data as requested by the individual who has applied;
Step 3: Return results
The time limit for individuals to receive verification of red book information can be applied in two forms as follows:
Individuals who submit a request before 3:00 p.m. must provide it that day;
In case the competent authority receives the request after 3:00 p.m., providing land data will be done on the next working day.
Worth noting: Notary offices are not given the function of verifying fake or real red books. This agency is only responsible for verifying the legality of documents and will not notarize document contracts that violate the law;
Therefore, to minimize risks when conducting real estate transactions and avoid being scammed with fake numbers, individuals should go to the place where the red book is issued and request to verify the land plot information. Transactions should be independent and must be notarized to ensure legality.
Legal documents used:
Circular No. 34/2014/TT-BTNMT of the Ministry of Natural Resources and Environment: Regulations on construction, management and exploitation of land information systems.