In recent years the market of new buildings became known cases where the buyers of flats waiting for them for years and can not wait until now. These private investors are usually called defrauded real estate investors. But in fact, whether they sympathize with?
Public, this group of people known as the organizer of various actions, pickets, rallies, hunger strikes, which are trying to attract the attention of the authorities. But with all sympathy for these people must understand that often they are hostage to the risks that are agreed to by buying an apartment. It's no secret that virtually all interest holders were aware that buying an apartment on the so-called "gray schemes", hoping for eternal chance.
Law 214-FZ of developers are not fond of
As is known, the relationship builders and home buyers in new buildings are governed by federal law 214-FZ of joint construction. However, in practice, many developers are trying to circumvent established rules for the implementation of housing legislation in the buildings under construction. And curiously, in these days when the real estate market is experiencing difficult consequences of the global financial crisis, the share of those willing to circumvent the law increases.
The reason is simple: from 214 law, the developer is quite rigidly defined obligations to be completed at home and transfer of flats to investors, and the legislation provides a significant financial liability for: its size exceeds the yield on any bank deposit. But in the face of economic uncertainty, not all developers can be assured that will be able to cope with the construction on time. Known situations where houses were turned into objects of long-term construction, in a state of 80-90% of construction readiness.
As noted by Sergey Elin, General irektor group of companies "Audit Rights" ("AEI") - "In accordance with the requirements of the law 214-FZ of joint construction are currently being implemented in an apartment just 25-30% of all new buildings of Moscow and Moscow region. housing in other buildings under construction is sold by various so-called gray schemes, among which is dominated by transactions made through the conclusion of preliminary contracts of sale flats.
The preliminary contract - the exchange of money for promises
On the one hand, this form of realization of housing provided by law, namely Art. 429 Civil Code, which is actually devoted to preliminary agreements. However, in reality this form of transaction which in fact is a kind of an agreement of intent has to concluding its sides unequal consequences. One of the parties, namely, buyers of apartments under the terms of a preliminary agreement to pay the cost of purchased housing, which usually is not legally exist. The other party promises to transfer monies to the buyer an apartment - which will be built. Put simply, it turns out the exchange of money for promises. Where contracts are made so often that Rocky the obligations the builder for the private investor may vary.
Other "gray" forms of the sale of new buildings
There are several forms of home sales, which are sometimes replaced preliminary agreements, such as, bill scheme. In the framework of the buyer in addition to a preliminary contract by which formally does not pay the money, makes them on the basis of a second contract - purchase bills. However, all these schemes are encircling the legislation, commonly referred to as gray. It is hoped that over time they come out of the market of new items, but now, unfortunately, dominate the practice of sales. Meanwhile, an investor agrees to buy an apartment after the conclusion of the preliminary agreement, should understand that the law does not protect him. Such an investor is in fact voluntarily parted with the money at your own risk.
"Sometimes, believe that the problem defrauded real estate investors lost their relevance. The maximum resonance it acquired in mid-2000's, when conflicts of developers and home buyers are regularly featured in television news. The authorities in Moscow and the Moscow region have made some serious efforts to resolve the accumulated problems . Moreover, the current senior officials say the new wave of cheated depositors will not. However, such confidence may be deceptive to buyers. We recommend that people intending to buy an apartment in a newly built house, consider only the options transactions carried out in strict accordance with current legislation . Do not expose yourself to unnecessary risk and so on are not very stable real estate market today, "- said Sergey Elin, CEO of Group Audit and Law" ("AIP").