THE INJURY: BUYING PROPERTY BELOW THE REAL ESTATE MARKET


What is the Real Estate Injury Action?

It is that action that is exercised by the affected person in a real estate transaction, when there is a disproportion greater than 2/5 parts (40%) between the economic benefits at the time of signing a contract, and whenever it results from

.

To better understand, we must point out that for this legal figure to be configured, the following elements must exist:

SUBJECTIVE ELEMENTS: 1)       STATE OF NEED (PEDRO'S NEED TO GET MONEY FOR HIS SICK SON).

2)       UTILIZATION (CARLOS THE PROPOSAL PURCHASING DEPARTMENT FOR PEDRO a very low cost)

OBJECTIVE ELEMENT: 1)       DISPROPORTION BETWEEN THE BENEFITS (THE DIFFERENCE BETWEEN THE VALUE OF THE DEPARTMENT AND THE PRICE PAID IS S / 42,000, MORE THAN 40%).

In this sale the objective element and the two subjective elements concur, therefore the action for injury proceeds. The mathematical operation to set the target element is:

Department value x 2/5 parts:

S / 100,000 x 2/5 = S / 40,000 (It is the value of the 2/5 parts)

S / 100,000 (5/5 parts) - 40,000 (2/5 parts) = 60,000 (the other 3/5 parts)

Between S / 100,000 and S / 60,000 there is a difference of 2/5 parts. For the difference between the value of the good (S / 100,000) and the price to exceed 2/5 parts, the sale price must be less than 60,000, which real estate agent in campbletown happens in the example when the sum of 58,000 has been paid (the difference between the value of the good and the price paid is S / 42,000, more than 2/5 of S / 100,000).

How is the use of this state of need tested?

Proving the use of the state of need is extremely difficult, we consider that it will be  good faith  (behavior and belief) that will determine that the person who contracted with the one who experienced a state of pressing need, was aware that the disproportion between benefits and the state of need that his counterpart was going through, were going to generate very unusual or unusual benefits and damages of the same characteristics to the other party. Damages that another person, in normal situations, would not allow to happen to him. Proven bad faith, this is the conclusion of a contract despite knowing one of the parties of the state of pressing need of the other and the disproportion between benefits, the injury will be configured. Real estate business

CASE:

To save the life of his only son, who is seriously ill, Pedro must take him to a clinic abroad, but for that he needs S /. 58,000 that does not have them. He resorts to a lender named Carlos, requesting that sum of money as a loan, offering as a mortgage guarantee his apartment valued at S / 100,000. Carlos does not agree to the form of payment proposed by Pedro, because the judicial foreclosure of the mortgages takes too long; proposing to buy Pedro's apartment for S / 58,000. Given the pressing need that Pedro is going through, he agrees and sells his house to Carlos for the sum of S / 58,000.

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