They showed a daily-rent apartment on the 10th floor — but in reality, they sold a different apartment
64,000 dollars in cash, unnumbered doors, and a registry extract that does not match reality
What happened
In July 2025, our client found an advertisement on social media for the sale of an apartment on the 10th floor in a newly built multi-apartment complex in Tbilisi. The mediation was provided by two real estate agents; the owner of the apartment was a foreign citizen.
During the viewing, the seller took the client by elevator to the 10th floor and showed them a specific apartment. The door of this apartment had no number — neither it nor any other apartment on the same floor. On the spot, they agreed on the price: from 66,000 dollars to 64,000 dollars.
On the same day, a few hours later, the parties went to the Public Service Hall and signed a sales contract. The seller needed an interpreter, and one was found among the strangers sitting in the waiting area. The client offered to transfer the money via bank wire, but the seller refused — consequently, 64,000 dollars were handed over in cash.
In the evening, the seller went up to the building alone, returned half an hour later, handed over the key, and left. That very same night, the first discrepancy was revealed: the internet modem left in the apartment was registered to a different apartment number than the one written in the registry extract.
How the substitution was revealed
Over the next two days, verification was conducted through three independent sources:
- Building management company — the cadastral code specified in the contract, according to the elevator chip, corresponded to a completely different apartment than the one the client was taken into;
- Developer's sales office — it was determined through the architectural drawing that the purchased apartment is actually located one floor below, despite the fact that the 10th floor was indicated in the Public Registry extract;
- Registry extracts — the apartment that the client was shown is the property of another person; it is unclear on what basis the seller had its key.
Added to this was the fact that in the correspondence following the transaction, another person was responding from the seller's number: the seller who arrived on-site did not speak either English or Russian.
Legal assessment
The identity of the subject of the sale is an essential condition of the transaction. When a buyer is shown one object, while a different cadastral code is specified in the contract, we are dealing with the intentional deception of the buyer. If it is confirmed that this was done deliberately, with the intent of unlawful appropriation of property, the act meets the elements of fraud; considering the amount of money paid — on a large scale.
In parallel, the buyer also has a civil-legal path: declaring the transaction concluded under the influence of deception void, returning the paid amount, and compensation for damages. An investigation is underway regarding this case, and we have provided full information to the investigation.
Legal grounds:
- Article 180 of the Criminal Code — Fraud
- Note to Article 177 of the Criminal Code — Large amount
- Civil Code — Invalidity of a transaction concluded under the influence of deception and compensation for damages
What to check when purchasing an apartment in a new building
- An unnumbered door is a red flag. Apartments in new buildings often do not have numbers. Before paying, the object must be identified by its cadastral code, not by which button the seller pressed in the elevator.
- Verify the code with the developer and the management company. The architectural drawing, elevator chip, intercom, and utility metering independently confirm which physical apartment corresponds to the code.
- The registry extract may also contain inaccuracies. In this case, the floor indicated in the extract did not match the architectural drawing.
- Payment must be made only via bank transfer. Insisting on cash settlement deprives the buyer of proof of payment and makes it easier to avoid returning the funds.
- The interpreter must be selected in advance. A random interpreter found in the waiting area is a risk for both parties and becomes the basis for a "I did not understand" type of position later on.
- The key must be handed over immediately upon the transaction. Every delay — "I have things inside," "I will move my family" — is a way to gain time.
- Hire a lawyer before making the payment. Identifying the object, verifying the seller's right, and checking the contract takes one day; correcting a mistake takes years.
Conclusion
In this case as well, the buyer went through all the formal stages: there was an agent, there was an updated extract from the registry, and there was registration at the Public Service Hall. Nevertheless, the apartment they were moved into and the apartment they purchased turned out not to be the same.
If you are planning to purchase real estate, contact us before paying the money — we will verify the identity of the object, the seller's right, and the terms of the contract.
Pkhaladze & Partners | Pkhaladze et Associés — Law Firm
Tbilisi, Al. Kazbegi Ave. 24g, AXIS Complex | www.pkhaladze-law.ge | +995 597 117 795