How not to join the ranks of defrauded buyers out of town

19.02.2020 00:15
The era of a separate apartment in the dreams of most of our fellow citizens ousted cottages and farmhouses. However, pink dreams of their own homes and have a second side of the coin. Previously, the construction industry was in the hands of the state, which was responsible for the project at all stages - from the agreement before putting housing turnkey today construction of buildings and structures - mainly dealing private initiative. And because all of the risks borne by investors or developers. Consequences we meet at every step : construction in progress, defrauded investors and real estate investors , developers ruined - the personal tragedy of tens and even hundreds of thousands of people . To learn how to protect yourself and do not be among them , says lawyer Oleg Sukhov (" Law Center lawyer Oleg Sukhov "), president of the Guild of Lawyers Real Estate Market .

Note the presence of construction projects

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"First of all , I recommend to pay attention to the presence of construction projects , which must be agreed with the local authorities - said the lawyer Oleg Sukhov. - What is this document ? Above all, this project cottage village with all utilities , access roads , parking lots , water and gas distribution stations , electrical substations , water, gas and sewerage. The second equally important document - agreed upon and approved housing project that you acquire. Designed in accordance with the requirements of the draft law will significantly reduce the risk of the buyer . "

Beginning in 2008 , when demand for cottage construction has fallen slightly , developers started to look for new ways to get profits at the expense of their available land. Around the nearest Moscow close to the suburban housing began to rise apartment buildings, the profits of which are significantly higher than the two - storey cottages. The majority owners of the past can not resist developers , since the project is evidence of cottage building site at the moment they sign the agreement does not usually provide. Indeed, to recognize the illegal activities of developers who only verbally promised cottage neighborhood, but in fact agree on building high-rise buildings , it is impossible . As a result, until then happy owners peaceful country estate to endure high-rise neighborhood .

Solve land issue

Secondly , the cottage - it's not the Hanging Gardens of Babylon. He stands still on the ground, and therefore , purchasing real estate , you sign two deals : a contract for the purchase of land (preliminary or main) and a contract for the building itself ( agreed to invest , purchase and sale contracts, equity in the building , and so d ) . Of course, the ideal - it's when the land belongs to the developer. But, alas , this is rare. Most often, the land belongs to one person , which concludes with the investor ( home buyer ) a contract of sale area , and the construction is done by another person . So before you sign a contract with the developer needs to buy land from its owner. Otherwise, you will face serious problems .

It often happens that the owners of the land are public authorities . Imagine the situation : the officials allowed the construction and developer accelerated pace builds gated community or neighborhood . And then ... Then elections , candidates mutual accusations of "selling the homeland" and public property. And now come to power new officials . What do they do ? Correctly. Repeal decrees, orders predecessors, including the resolution of construction and land transfer . Every major city knows these stories , most often they appear immediately after the election .

So once again emphasize that before you make a deal with the developer to make sure whether the land is transferred to the appropriate category (or can be transferred without any problems ) , whether it is encumbered. Gather all supporting documents - from inventory , identifying the right property owner prior to discharge from zemkadastra where indicated purpose, type of ownership and size of the plot . And just making a "legal purity " of the earth , format the sale .

Learn builder

Third , examine the builder. It was from him depends largely on whether you become a proud owner of a country house , or join the ranks of the defrauded investors . So take your time to spread their money for a house and gather complete information about the builder . First of all, it should be ok all permits and legal documents : decisions of local government authorities for the right to build , investment contracts , project documentation , conclusions Gosexpertiza , regulatory approvals , etc.

Also note how many similar projects implemented developer over the past 6-7 years , learn the history of the company , look how successful she overcame the crisis of the middle of "zero" . This will give an idea about the reliability of the builder. The good reputation of the builder is also confirmed by the accreditation of its projects in large commercial banks. Relevant information is easily found on the Internet sites of the companies and credit institutions , as well as forums for clients such a construction company.

" I recommend to check the builder for its solvency and accuracy in the performance of obligations - said the lawyer Oleg Sukhov. . "

Examine the contract with the developer under the microscope

Fourth, the study contract with the builder almost under " the microscope ." Contract can have any name ( the name is not the case , after all) , so first of all pay attention to the essential terms . Construction project - they should be , in fact, the cottage itself . All applications to the contract , which are unambiguous , without equivocation features of the building materials used for construction and finishes, procurement procedures and the quality of construction materials , dimensions, interior decoration, types of communications that are brought to the house , the order of protection sites and t . etc. cost of construction . In the contract should specify that the price can not be changed . Otherwise, as mentioned above , the developer will gladly put it on the buyer's costs incurred through the fault of thieving workers and managers , as well as its own incompetence in procurement of construction materials. Construction time and schedule . They must clearly and unambiguously . Otherwise it will be very difficult to collect fines and penalties , as well as to cancel the contract and request a refund .

Before you pay

Fifth, before you pay the money , make sure that you are paying the right person . Firms with the same ( or nearly the same ) a great many names , but because there is always a risk of transmission of funds is not that company. This , though rarely, but still happens . Cottage should pay only by bank transfer . Otherwise there is a chance that you can get cash , the developer does not hold them in accounting. In this case you will not be able to prove in court the fact of payment and as a result find yourself without money , and without the cottage.

Transfer of funds to an employee of the construction company , including under the guarantee obligation , certificate or receipt of cash receipt , the payment can not be considered a contract , if the money is not passed to the account of the organization. The Court considered the buyer's obligation to pay real estate is not satisfied , and he was left without the cottage.

" I note that the process of buying a country house has many pitfalls , so you probably should not hope for and maybe his" competence " and to invite an experienced lawyer ( expert) on real estate and together with him to make a deal , and then monitor its performance . So it will be calmer and wiser " - sums up the lawyer Oleg Sukhov.
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