What documents do I need to check
Buying an apartment in the new building is first necessary to verify the reliability of the builder from whom you intend to buy a home. To do this, from a legal point of view, it is important to take the following measures:
- Ascertain whether the company has all the permits for the construction of concrete homes;
- To trace the entire chain of hits right at that apartment that you get from an investment contract to your contract.
It is necessary to recall that the original document, distributing between the subject apartments and builder of the Russian Federation, is an investment contract. Next, on behalf of an investor-owned concession available to him the right to one apartment, several or all (as a rule, as payment for any services, materials, etc.). Such transitions may be the right one, two or more. To trace the entire chain of hits right on buying an apartment, it is necessary to check the transitions in the apartment, checking on each transfer of literacy make a contract, settlement of accounts between the parties, etc.
- If the scheme of payment promissory notes, find out which companies bill will buy;
- Find out how the calculations will be made on the transaction, which documents will be confirmed in a subsequent payment made by you;
- In the same contract must verify the address of the apartment, to the cost, completion dates of construction, grounds and conditions for the return of paid amounts under the contract.
This initial stages of a thorough inspection of the apartment buying a home in the house, a new building. More detail to determine the necessary steps to verify the housing can only be clearly aware of the scheme of selling the apartment.
In accordance with Federal law № 214-FZ “On Participation in the shared construction of apartment buildings and other real estate and on amendments to some legislative acts of the Russian Federation” of December 30, 2004 the basic form of agreement, by which you can buy an apartment in the house, new building defined contract to build equity. This agreement is very favorable for buyers, as it regulated to many of the commitments of the developer, for example, to comply with the terms of construction, payment of penalties for their violation, etc., which builders usually try to not take yourself .
Moreover, this agreement is subject to compulsory state registration, by analogy with the purchase of apartments on the secondary market, which insures the purchaser of a very widespread in the 90s of last century type of fraud – double sales.
However, for developers this kind of contract is not always convenient. There are several reasons that explain the failure of the builders contract equity. Among them are the lack of building permits or land lease agreements, which are at the stage of signing.
Therefore, developers often try to use other forms of contract. The most common today than the contract of equity are preliminary agreements with the bill payment scheme.
The preliminary contract is fraught with
It is difficult to recommend the buyer to use some form of contract, since in practice the construction company often simply does not leave the customer a choice.
Therefore, when signing the preliminary contract must be clearly understood that it is fraught with some danger, because it contains a commitment to conclude the main contract of sale in the future, but until the conclusion of the underlying contract has a lot to change. At the same time the most risky when you buy an apartment, new construction – use of bills of exchange scheme, the purchase of bills on which, as a rule, not directly related to the acquisition of new buildings.