The wave of bankruptcies of construction companies hit hard on equity holders who dreamed of their own new housing. Each shareholder is the most injured party, which not only lost its money, but also parted for a long time with its desire to move into a new apartment. How not to fall into the trap of false promises of developers? Let's try to formulate the main rules for working with representatives of construction companies.
Who are real estate investors
First of all, let's deal with terminology. Developers are construction organizations and their representatives offering to buy an apartment in an unfinished residential building. As a rule, apartments at this stage are relatively inexpensive, but you cannot enter such housing. Developers have the right to offer apartments for sale at any stage of construction.
A shareholder is a person who is entitled to a part (share) of a house under construction, usually limited to the living space on which he intends to move in after the building is put into operation. Both parties - both the developer and the interest holder - are interested in the construction of a residential building. Then the latter will be able to move into the apartment, and the developer - get the money.
Shareholder Key Document
The first step is to make sure that the construction company works within the framework of 214-FZ. It is this federal law that forms the “equity-builder” relationship and explains the correct procedure for the interaction of those who seek to buy an apartment and those who need to build it.
Contract for participation in shared construction (DDU) - a document that must be signed by both the developer and the shareholder. This rule is enshrined in law and is mandatory. That DDU allows the future buyer of the apartment to rely on a refund in the event of bankruptcy of the construction organization. Interest holders need to clearly remember that only DDU is a guarantor and is accepted in court. Why are developers not in a hurry to draw up a DDU, but offer completely different documents for signing?
Preliminary contract: deceit for the interest holder
A simple and reliable way to deceive the future tenant is to offer him for signing not a contract for participation in shared construction, but an “almost the same” document supposedly guaranteeing the observance of all the rights of the future tenant. This document may have a different name. The most common name is “preliminary contract”. The essence of such a document is as follows.
They propose to conclude a preliminary contract for the duration of the construction, promising in return a full partnership. It is understood that the contract of sale will be concluded with the shareholder only after the construction of a new house is completed and this residential facility is commissioned.
But, as a rule, lawyers do not find a hint of co-investor protection in preliminary agreements. These documents are not registered anywhere and can be torn unilaterally. The preliminary agreement does not provide for any monetary transactions at all - all mutual payments are regulated by the equity agreement. As a result, the deceived shareholder does not receive the most important thing - the guarantees that are available in the law on shared construction. Investor:
- not insured against double sales of the same housing;
- Does not have a chance to make complaints about the quality and terms of construction;
- does not have legal methods of pressure on the developer.
Moreover, lawyers caution: preliminary contracts can be recognized as a sham transaction.
Bill scheme
Under the bill of exchange scheme, the investor-client must conclude two agreements - preliminary and sale-purchase of the bill. At first glance, it is the bill that guarantees a reliable relationship, and according to this payment document mutual settlement will be made according to the main contract. But the bill also will not be accepted by the court as a guarantee: the developer has every right to refuse to sign up to the LCD holder, to return the money on the bill, and sell the apartment to another person.
What to look for when processing documents?
Before you buy an apartment in a new building, you should make sure that the developer has received a building permit and has a valid civil liability insurance policy. Such a policy can be a guarantee of the bank or a full agreement with the insurer.
If the developer offers to conclude a DDU, you should make sure that the media or on the Internet have detailed project documentation for future development. The builder is obliged to publish construction plans 14 days before the signing of the first agreement of the DDU. Check the lawfulness of the construction can only a lawyer. Therefore, it will be useful to request a contract form, statutory, authorization documents, design documentation and check these papers with a qualified lawyer.
The next step in analyzing the reliability of the builder is to study public opinion. It is best to understand the assessment of the activities of a construction company based on the feedback from investors on the network. The developer is required to have a reliable reputation, relevant experience in carrying out construction work and already completed new buildings, the quality of the construction of which can be an opinion.
Learn the history of building a new home from the time it was issued to the present. Perhaps the economic crisis forced the construction company to suspend the construction of a new building. And the housing that is for sale already belongs to some real estate investor who is simply trying to save his money.
Site visit
Be sure to visit the construction site on which the new building is being built. Near the construction site on the fence there is information about the builder, customer, approximate deadlines for putting the object into residential use. It is necessary to verify the data of the information board with the information presented in the DDU. The slightest discrepancy may serve as the basis for termination of the contract by the interest holder - this is a direct appeal to the court for a refund and compensation. Negotiate all dubious issues with your lawyer or address the local authorities hotline.
We hope that these simple tips will help you get the long-awaited housing on time and without delay. Good luck