Guarantor for the interest holders may only be a reliable builder
If the developer do not have much experience in the construction of apartment houses, if he does not secure funding, then no law and no contract interest holders will not be saved, because by and large, not paper allows you to build, and the availability of funds from the developer. And even in case of bankruptcy of the company, although 214-th and the law-refundable holders, but in fact it remains on paper only, because in bankruptcy the developer money from the sale of its assets primarily go to pay off debts to the state, and then - before the banks and only then, if something is left, will get buyers. Which is unlikely.
There are other factors. Prior to the adoption of the federal law № 214 contractual relationships with co-investors developers built mainly on one-sided approach to the duties and responsibilities - basically in favor of developers. Adopted by the FZ-214 regulated the situation, on the contrary, in favor of equity holders, however, any contractual relations assume equal duties and responsibilities of the parties. Otherwise they will not work.
When the interest holders in due to some reasons for not fulfilling its obligations to make payments according to the existing schedule, once the problems begin. It should be understood that the shared construction lies in the fact that the house is built on money and equity holders in their own money to the builder. When the balance of income and expenditure is broken, it is immediately reflected on the process of construction (building slows down or stops altogether), respectively, and the problems afflict those equity holders who regularly make a contribution.
Previously, terminate the contract with an unscrupulous share participant could only be 3 months after he ceased to pay, and considering also the time for mailing notices and searches of the debtor`s termination date delayed to 4 - 5 months. Now the federal law № 119 gave the developer to start the procedure for termination of contractual relations with the share participant, instead of three months - the two that is not very much help the developer ..
Here is another example. Earlier on the 214-th law for the builder fined for the delay in putting the house just 1 day, and interest-holders could immediately go to court. Now FZ-119 gave an indulgence developer: sanctions to him begin to act after two months of delay of delivery at home. But that can mean two months if the house is built at least two years. Especially because in the construction subcontractors involved in the harmonization of documents - the officials, and those and others on various reasons, may hinder the process. That is, a delay putting the house in operation depends not only on a single developer.
All this I tell to interest holders to understand: if they decide to buy an apartment in a newly built house, you need to put all information about the reliability of a construction company.
The more information, the lower the level of risk
Degree of reliability can be determined by a number of attributes, each of which individually, though, and can not give a definite answer, but will assess the situation in conjunction with other data. The chief of them - is the company`s status at the facility, length of service companies in the market, the volume of housing (number of buildings and square feet), the activity of construction on the selected object. It is very important and the following: Does the company handed over its facilities in time and whether the debt to the city under the investment agreement.
Protection against double sales
The main purpose of 214-th law - to protect the interest holders to double sales if he cooperates with the company working on this law. All contracts are recorded in equity the Fed, which excludes the possibility of re-sales where they can take double sales?
Firstly, it may be a technical error, many companies have learned to protect themselves from this kind of trouble. For example, our company has a four-stage system of protection.
Second, the fraud-by-night companies in the style of the 90`s, but they are easy to calculate by the above criteria.
The third option - the problem between the builder and subcontractors. Often the contractor pays the subcontractors apartments, and those can implement them even before they fulfill all the obligations under the treaties. Therefore, when buying a flat from a subcontractor, you must ensure that it has fulfilled its obligations to the developer. Otherwise (in case of violation of obligations of the subcontractor), the developer can take the apartment back and sell it on his own. And he will be right under the law.