Risks of fast and sweeping transactions — The notary explains

Analytical center NAFI presented results annual measurement of the level of digital literacy of the population. As the study showed, Russians now have better developed information and communication literacy, for example. That is, the skills to search for and understand information on the Internet, as well as use various services and electronic devices for communication. But with competencies in the field of digital security, according to surveys, things are worse. For many citizens, the issue of cybersecurity remains sensitive.

At the end of 2023 at the meeting The head of the Russian Ministry of Internal Affairs, Vladimir Kolokoltsev, reported to the government commission on crime prevention that cyber attacks on companies and cases of remote theft of funds from citizens are being recorded more and more often. At the same time, criminal schemes are constantly changing. Over the past five years, the number of crimes in this area has doubled and accounts for a third of all registered crimes. The main focus is theft and fraud.

There has been an increase in cyber thefts associated with the use of social engineering. Major leaks of personal data still occur. Most often, scammers extract other people’s money using fake websites, as well as by gaining access to confidential user data.

Risks of online real estate transactions

Digital transactions can pose big challenges, especially in real estate. First of all, I remember stories about fake or stolen electronic signatures that are used to sell someone else’s apartment in a few clicks. It should be noted that since 2021, the number of accredited certification centers issuing digital signatures has decreased significantly — there were hundreds, there are still dozens. It has become easier to track their activities. It is correspondingly more difficult to obtain a signature for another person fraudulently. However, such risks can never be completely excluded.

In addition, the risk that attackers will take possession of someone else’s ready-made signature has not disappeared. After receiving an electronic signature, people often do not know how to properly store it. Having taken possession of someone else’s “autograph,” criminals can, for example, issue a loan for a person, sell or donate his real estate, commit financial fraud, and more.

However, the main pitfall of online transactions is their potential flaws. With this format, no one checks whether, for example, the seller has bankrupt status or limited legal capacity. Are consents from third parties required, and if so, have they been obtained? Are there any encumbrances on the property and many other important details. A situation is possible when everything is fine with the digital signature that confirms the transaction, but everything is bad with the transaction itself. And it will be contested in the future. In this case, the buyer may lose both the property and the money spent on it.

A separate problem is when one of the parties deliberately misleads the other or even exerts pressure. Or no one is deceiving anyone, but people do not fully understand the legal nuances and consequences of the agreement they sign. It is difficult for an unprepared person to understand all the legal intricacies, and he may accept unfavorable conditions for himself.

In the case of online formats, it is impossible to verify a person’s true will. And, in fact, no one is responsible for such transactions. The notary, who sees the person, uses the entire arsenal of their knowledge and experience to establish what the person really wants. Explains all the details of the transaction, makes sure that the participants clearly understand what they are signing. In addition, the notary bears full financial responsibility for the results of his work. If a mistake is made, the injured person will receive 100% compensation for damages. Therefore, even if the seller and buyer have the necessary electronic signatures, it is safer to use the help of a notary.

Limitation on online transactions and unlimited distance communication

Fraudulent schemes are emerging that exploit people’s digital fears. For example, cases are recorded when criminals call a person and threaten to sell his apartment in the form of an electronic transaction. And they demand a ransom to prevent this from happening.

Not everyone knows that in order to complete an online transaction, you must provide consent to Rosreestr in advance. If there is no corresponding mark in the Unified State Register of Real Estate, and someone tries to formalize the transfer of rights in electronic form, the registrar will return the documents without consideration. If a person previously gave consent, but the transaction did not take place, it can be withdrawn. By the way, if the transaction goes through a notary, consent for online registration is not required.

Online transactions are convenient when people cannot meet in the same city, and what alternative does a notary have? Also convenient and at the same time safe. If the parties are in different cities and cannot or do not want to meet in one place, everything can be done remotely.

Everyone chooses a notary office that is suitable for themselves. Notaries prepare documents and conduct a legal review of the transaction. When everything is agreed upon, they establish a video call via secure channels and confirm the transaction as usual. But the seller and buyer look at each other through monitors and sign “autographs” not on paper, but on special tablets. And the notaries themselves certify the digital document with their enhanced, qualified electronic signatures, which gives it legal force.

What are digital signatures — and why?

There are two types of electronic signatures: simple and enhanced. The latter are divided into unskilled and qualified. A simple signature is, for example, a login and password for authorization on a website or an SMS code from the bank that is sent to confirm online purchases. Reinforced unqualified — can be used, for example, within one enterprise. Such signatures can be made by any organization.

The most secure is an enhanced qualified electronic signature. For individuals, they can only be issued by certification centers, accredited Ministry of Digital Development. As of February 20 of this year, there are only 48 of them throughout the country. It is these signatures that confirm the legal significance of an electronic document.

In addition to making online transactions, digital signatures can be useful for citizens to sign an employment contract remotely, go to court, exchange data with counterparties and government agencies, and obtain a patent. , submitting documents for admission to a university or information to the tax authorities.

Sometimes an enhanced qualified electronic signature is necessary to interact with a notary. We are talking about remote notarial actions. They can be completed without personally contacting a notary’s office, but by sending an application via the Internet. Today, online you can order an extract from the register of notifications of pledge of movable property, provide evidence on the Internet, certify the accuracy of the translation, deposit money with a notary and more — 13 services in total. Their number is limited due to safety reasons.

The list of deleted actions includes only those actions that, by definition, cannot harm anyone, violate someone’s rights or cause real damage. Even if a person submits an application in inadequate condition or strangers enter his personal account.

source: Federal Notary Chamber