Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

A feature of purchase and sale agreements is the presence of a huge number of legal structures and types, ranging from retail purchase and sale agreements to purchase and sale agreements (contracts) of business assets, shares and participation interests (the subject of the latter is virtual in nature).

Concept of contract

A purchase and sale agreement (of goods) is a transaction in accordance with which the seller transfers the goods into the ownership of the buyer for the remuneration established by the contract. Based on a review of judicial practice, the objects of contracts are considered to be the actions of the seller related to the transfer of ownership of the goods and the goods themselves, as well as the actions of the buyer, which indicate his acceptance and payment for the goods (Article 129 of the Civil Code of the Russian Federation).

The most common type of transaction in civil circulation is a retail purchase and sale agreement, which citizens carry out every day. In accordance with civil legislation (Article 168 of the Civil Code of the Russian Federation), the conclusion of retail purchase and sale agreements, as well as other types of transactions, the subject of which are goods limited in circulation, as well as prohibited for sale, is prohibited. Transactions that violate the above legal requirements may be declared invalid by a court of law.

The Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” sets out the legal position, according to which the rules for the sale of goods by business entities in which the buyer is citizens purchasing goods for personal needs (as a rule, these are retail purchase and sale agreements), the norms of the Civil Code of Russia and the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights” are applied.

An example of judicial practice on a retail purchase and sale agreement, which explains the legal grounds for invalidating it:
The Perm Regional Court issued a ruling dated June 13, 2012 “On invalidating the retail purchase and sale agreement 33-4041,” in which the plaintiff was denied the claim. The basis for the refusal was the fact that the goods purchased under the sales contract (vacuum cleaner) were accepted by the buyer after its demonstration, and after making an advance payment under the contract, the remaining (full) amount for the goods was paid during the contract period. The presence of significant defects in the product or the impossibility of using it for its intended purpose were not supported by admissible evidence in court.

Invalidity of transactions

For some types of contracts, a written form is required (a contract for the sale and purchase of a car, real estate), failure to comply with which may be a legal basis for invalidating the contract.

Certain types of agreements, such as a real estate purchase and sale agreement, must be made in writing, and they are also subject to mandatory registration of the right to real estate, which is the subject of the agreement. Arbitrage practice says enough is enough a large number of contracts are declared invalid in the absence of state registration of rights, since the law provides for the need to register rights to real estate.

As a review of judicial practice shows, great importance attached to the will of the parties when making a transaction. If the agreement contains signs of an imaginary or feigned transaction (Article 170 of the Civil Code of Russia) and the implementation of the will is not aimed at achieving the legal consequences that are reflected in the transaction, for example, under a real estate purchase and sale agreement, then such a transaction may be declared invalid in court .

To complete a transaction that will have all the legal consequences associated with achieving the purpose of the transaction, the full legal capacity of the person who is a party to the contract is required. If it is proven that a party to the contract was an incapacitated person or one with incomplete legal capacity, such a transaction may be declared invalid. The court also has the right to: apply all legal consequences of the invalidity of the transaction under the purchase and sale agreement, while the parties to the agreement are brought to their original legal status existing before the illegal transaction took place. This means that if, for example, an apartment purchase and sale agreement is declared invalid, the seller is obligated to return the entire amount of funds received under the agreement, and the buyer is obliged to return the apartment (land plot, real estate) to the seller.

Transactions that relate to contracts for the purchase and sale of real estate, the conclusion of which requires the consent of the guardianship and trusteeship authorities (Clause 2 of Article 37 of the Civil Code of Russia), without such consent are void. These categories of transactions include transactions that were made by a person with limited powers (Article 174 of the Civil Code of Russia), minors (Article 175 of the Civil Code of Russia), incompetent persons (Article 176 of the Civil Code of Russia), committed by citizens who cannot understand the meaning of their actions (Article 177 of the Civil Code of Russia).

A contract for the purchase and sale of real estate, a car, etc., made under the influence of a mistake, is recognized as invalid (Article 178 of the Civil Code of the Russian Federation). (Presidium of the Supreme Arbitration Court Russian Federation. Information letter dated December 10, 2013 N 162. Review of application practice arbitration courts Articles 178 and 179 of the Civil Code of the Russian Federation).

In the case where a preliminary agreement was concluded, which determined the further grounds for concluding the purchase and sale agreement, if the main agreement is declared invalid, the preliminary agreement is also invalidated. Preliminary agreements, as a rule, are concluded with the aim of ensuring that the main agreement will subsequently be concluded on time and on the terms determined by the preliminary agreement. This type of agreement does not give rise to rights and obligations that are reflected in the terms of the main agreement, therefore, there are no legal grounds to separately recognize a preliminary agreement as invalid if the main agreement has been concluded or executed in whole or in part.

Preliminary agreements are concluded as an intention to enter into a subsequent real estate purchase and sale transaction ( land plot, apartments, etc.), car, supplies, rentals, transportation, etc.

Based on the analysis of judicial practice in resolving disputes related to the execution or invalidation of contracts for the sale of a car, real estate, apartment, furniture and other property, the following conclusions can be drawn. A real estate purchase and sale agreement is a legal fact that establishes, changes or terminates a certain amount civil rights and responsibilities. During its conclusion, the obligations of the parties include agreeing on all its terms, which the parties define as essential.

Execution of contracts

One example court decision concerning the issue of execution of contracts is case No. 33-10 dated January 12, 2012 (Voronezh Regional Court), according to which the plaintiff (the Company) filed a claim to recognize the refusal to execute the contract as lawful. In addition, a demand was made for the recovery sum of money related to losses, compensation moral damage and penalties for failure to fulfill contractual obligations. The essence of the dispute was that, in accordance with the car purchase and sale agreement, warranty obligations on him. After completing the purchase and sale agreement, as well as completing the transfer of the car, the plaintiff, in the process of using it, discovered certain shortcomings (engine noise) and some defects that were invisible during the initial inspection. The defendant accepted the car for warranty repairs, but the deficiencies pointed out by the plaintiff were not actually eliminated. On this basis, the plaintiff refused to execute the contract for the sale and purchase of the car and filed the above claims.

Since the obligation to provide evidence to the court as a substantiation of their legal position lies with the parties, and the purchase and sale agreement obliges each party to fulfill its obligations, then in order to refuse to perform the contract, subjects of law must be provided with sufficient legal grounds that justify the impossibility of its execution. As the court found, in this case the plaintiff did not provide admissible evidence that the car was unusable and that the contract for the sale and purchase of the car might not be fulfilled. On the above grounds, the court refused to satisfy the plaintiff’s claims in full.

The burden of proof in court proceedings

In most cases, when a dispute about invalidating a contract concerns contracts for the sale and purchase of a car, furniture, or movable property, in accordance with Art. 224 of the Civil Code of Russia, such agreements are considered executed at the moment of transfer of property and money to each other by the parties to legal relations. The basis for declaring these types of contracts invalid can only be the failure of one of the parties to fulfill its obligations. As judicial practice shows, in order to invalidate a car purchase and sale agreement, the presence of any defects in the car is not enough. A necessary condition for the specified legal grounds there will only be the impossibility of using the car for its intended purpose. The same applies to other types of property, furniture or household items. The circumstances of the impossibility of using the property acquired under a purchase and sale agreement for its intended purpose must be proven in court with the provision of acceptable evidence (forensic merchandising examinations, engineering and technical examinations, expert opinions). Testimony of witnesses cannot be evidence in these cases.

It is necessary to prove the moment from which the property became unsuitable for use for its intended purpose, or the formation of a significant defect in it.

Sales contracts are governed by the provisions of Art. 454 Civil Code of Russia. Contracts for the purchase and sale of real estate are considered not concluded when mandatory conditions are not specified in them (requirements of Articles 554, 555 of the Civil Code of Russia). In accordance with these articles, such conditions are the subject of the contract and its price.

Based on the analysis of judicial practice, property, real estate, or a car cannot be the subject of a purchase and sale agreement if it is under an encumbrance. In accordance with the procedure established by current legislation, if the encumbrance is registered in the State Register, then in order to complete the transaction, the removal of the encumbrance by the body or owner that imposed it must also be registered. Selling real estate with an encumbrance is a very rare type of transaction.

Important: With the acquisition of real estate, restrictions (encumbrances) are transferred to the new owner.

In the case where an apartment that is a common shared property is alienated and the encumbrance is imposed only on the share of one of the owners, only the shares that are not encumbered by the prohibition of sale are subject to alienation.

Based on the analysis of judicial practice, a fairly large percentage of decisions concern forcing one of the parties to a contract for the sale and purchase of an apartment, real estate, car or furniture to fulfill monetary obligations. One example of such decisions is the decision of the Sernursky District Court of the Republic of Mari El in case No. 2-106/2015-M-99/2015, according to which the claims of citizen XXX were satisfied and the debt was recovered from defendants 1 and 2 in the interests of the plaintiff agreement for the purchase and sale of an apartment in the prescribed amount.

The third practiced method of protecting the interests of the buyer, which is used when selling residential real estate at a reduced price, is legally more interesting and is as follows. The purchase and sale agreement includes a condition under which the seller undertakes to carry out pre-sale repairs of the apartment at the buyer’s expense. The cost of the buyer's expenses for repairs is equal to the difference between the real and the prices of the apartment indicated in the contract. The second receipt is written by this condition about repairs. Simultaneously with the issuance by the seller of a receipt for receipt of money for repairs, the buyer signs future date certificate of acceptance of work performed and that there are no claims for repairs. This act will protect the seller from an unscrupulous buyer if he demands back the funds transferred for repairs, based on the actual absence of repairs made.

Underestimation and overestimation of prices in a real estate purchase and sale agreement

A legal scheme with two receipts also entails legal risks for the seller, since the second receipt held by the buyer is evidence of the seller’s failure to pay taxes, and this threatens the seller with the collection of unpaid taxes, penalties, fines and criminal prosecution. In addition, if at the time of signing the contract the actual payment for the apartment has been made only partially, and the remaining amount must be paid to the seller after submitting documents for state registration rights and transactions (or after such registration), then an unscrupulous buyer, after the fact of signing the contract, has the right not to pay the real price of the purchased property, referring to the amount of his monetary obligation established solely by the terms of the purchase and sale agreement.
III.

Buying an apartment at a reduced price

Understatement of the contract price in a real estate purchase and sale agreement or overstatement of the price is a common situation in purchase and sale transactions. It’s nonsense, of course, but alas, these are the realities of our lives. ? Let us examine in detail in what situations one of the parties to the transaction asks for a lower price in the contract or an inflated price in the contract.

The content of the article

• Underpricing in the contract
  • Reasons for the seller to underestimate the price of an apartment
  • Why is underpricing dangerous for the Buyer?
  • Why is underpricing dangerous for the Seller?
  • Overpricing in the Sales and Purchase Agreement
  • Clarification of other difficult points

Buyers of real estate may be faced with an offer from the Seller to lower the price in the contract.

Understating the cost of an apartment

He goes to court with a claim to terminate the enslaving deal, because the price in the contract is less than the market price by more than 30%. The court satisfies the claim and obliges him to return the funds specified in the contract. Which is what he does. -And 1,700,000.0? -Excuse me, they do not apply to the apartment purchase and sale agreement! And this is another trial that will last for years.

Attention

Maybe three kopecks will be returned, who knows. Conclusion: Be very thoughtful about the proposal to lower the price. If it's not very large sum, then you can draw up a purchase and sale agreement for inseparable improvements or furniture.

But this is a topic for another article. Another situation with possible losses for the Buyer. Since 2015, a tax deduction for the purchase of residential premises is provided in the amount of 2,000,000.0 not per property, as was previously the case, but per taxpayer.

Understatement of the value of real estate in a purchase and sale agreement

Secondly, upon termination of the contract, the buyer has the right to demand from the seller only the return of the amount paid for the apartment (clause 2 of Article 475 of the Civil Code of the Russian Federation) and compensation for losses caused by termination of the contract (clause 5 of Article 453 of the Civil Code of the Russian Federation), but not payment of a penalty in connection with the seller’s failure to fulfill its obligations, which served as the basis for termination of the contract. Thirdly, even if the court recognizes the buyer’s right to pay him a penalty, it will most likely apply Art.
333 of the Civil Code of the Russian Federation to significantly reduce the penalty due to its disproportion to the consequences of violation of the obligation. When compensating for losses, the buyer will also not fully return the money actually paid for the apartment, since his losses can only consist of an increase in prices for similar housing in a given area for the period from the moment of signing the contract until the moment of its termination. II.

Understatement of the amount in the purchase and sale agreement

The result is that my wife’s tax authorities either pay or we go to court. There is obviously nothing to pay with. Result - six months probation! How worried she was Evgeniy Palko Realtor June 25

2010

Info

Roman Fadeev wrote: On personal experience. The wife sold the apartment. On the receipt they wrote the full cost, on the DCP it was a million.

After some time, the tax office came to the new owner, she (the new owner) gave them a receipt. The result is that my wife’s tax authorities either pay or we go to court.
There is obviously nothing to pay with. Result - six months probation! How worried she was. And there was probably only one receipt and in it she wrote that she received the entire amount specifically for the sold apartment? Then nothing surprising external link Rusova Ekaterina Jun 25 2010 Evgeny TRIO-REALTY wrote: Roman Fadeev wrote: From personal experience. The wife sold the apartment. On the receipt they wrote the full cost, on the DCP it was a million.

Error 404

Tax when buying an apartment, property tax, taxes on individuals and organization. How much taxes, when and how to pay and how to get a tax deduction (tax refund) when buying real estate.

I decided to buy an apartment, but the owner dumbfounded me: in the purchase/sale agreement, instead of 5 million rubles. we will write 2 million rubles, and in the receipt for the transfer of money we will write the full amount (5 million rubles). They say there are no risks, and that everyone works this way. Please write potential risks and, possibly, cases from real practice.

Thank you in advance for participating in the discussion. Nikolay Tyulenev Realtor Jun 25 2010 1. In the case of bilateral restitution, the court may not take into account the receipt and order you to return only the amount specified in the agreement.2.

Reduced price in a real estate purchase and sale agreement

From the point of view of the Tax Code of the Russian Federation, this option of contractual relations for the purpose of evading income tax is not ideal. The stumbling block is the repairs performed by the seller for the buyer.

If the work on pre-sale finishing of the apartment is carried out by the seller for a fee, then the cost of such repairs (so that an unscrupulous seller has no grounds to recover from the buyer the cost of the work performed) should be part of the cost of the apartment under the contract or part of the amount received by the seller for the second, “repair” , receipt. In any case, this will be the income of the seller, to whom the rules on tax deduction do not apply and on which you will have to pay income tax.

Understatement of the amount in the purchase and sale agreement

There are also situations when pre-paid transactions are disrupted even before their state registration, which can also lead to non-refund to the buyer of the entire amount actually paid by him. To reduce these risks to zero, realtors and lawyers offer a wide variety of legal mechanisms.

I. For example, it is proposed to include in the contract a clause on penalties for the seller in the event of termination of the contract due to his fault, where the amount of the penalty is equal to the difference between the amount actually paid and the amount under the contract. However, this scheme has its drawbacks. Firstly, this option is possible only upon termination of the contract, which, accordingly, must undergo state registration and be valid, since if the contract is null and void or due to its non-conclusion, any terms of the transaction are also void (unagreed).
Information close Information Please note that this is beta English version. Some pages may not be translated. If you experience difficulties, please contact our administrator: [email protected]. We will be happy to assist. Hello colleagues. The following question arose: if the parties indicate the price of the real estate purchase and sale agreement is lower than the real one, how to effectively protect the interests of the buyer and prevent, in case of problems with the transaction, the loss of the difference between the actually transferred in cash and the formal price of the contract? keywords: real estate School of Law "STATUT" Legal seminars for professionals Practical questions preparing and conducting court cases

• 21.05 – 15.06. Online
• Tai Yu.V., Shchekin D.M., Karapetov A.G. and etc

Bankruptcy legal entities and citizens. Evening course

• May 22-July 4. Moscow
• Vitryansky V.V., Zaitsev O.R.

• When calling from the bank's security service, you will name the price specified in the contract, and not the real one
• All advertisements with the actual price will be removed from advertisement sites, otherwise the bank may have doubts and refuse to issue a loan.

Why is overpricing dangerous for the Seller?

• If you made a mistake regarding your income tax obligation, overestimation leads to an increase in the amount of deductions
• If the receipt is not destroyed, it may end up with the tax service, perhaps by mistake of the Buyer, or perhaps on purpose, and the consequences are unpredictable.
• If the contract is terminated by a court decision, the court will oblige you to repay the Buyer the entire amount specified in the contract.

In any case, changes in the actual price require a careful assessment of the situation!!! Always happy to clarify.
Article 556. Transfer of real estate 1. The transfer of real estate by the seller and its acceptance by the buyer are carried out according to a transfer deed or other transfer document signed by the parties. Unless otherwise provided by law or contract, the seller’s obligation to transfer real estate to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing by the parties of the corresponding document on transfer. Evasion of one of the parties from signing a document on transfer of real estate on the terms stipulated by the contract is considered a refusal, respectively, by the seller of the obligation to transfer the property, and by the buyer of the obligation to accept the property.2.