Housing in the primary market in installments and leasing: the risks and pitfalls

21.10.2010 03:48
Articles about real estate | Housing in the primary market in installments and leasing: the risks and pitfalls Non-bank installments on primary residential property (deferred direct payments to the builder, the installment on the shares of the developer, financial leasing housing with a leasing company) - New and little-known phenomenon. What dangers lie in wait for buyers under construction or freshly housing in these cases, and because of some risks for the citizens of leasing housing in Ukraine does not develop - recognize Prostobank.ua.

Leasing - hire-purchase
Let's start with the most complex - with a lease. Financial leasing requires that you select an object housing, please contact the leasing company, which acquires an object, passes it to you for rent (theoretically possible time - up to 30 years), a special type: the rent is added continuously, and you have to pay the full cost of the apartment you immediately get it right "ransom." More precisely, for you at the time it will be virtually no ransom, but merely shift ownership of an apartment from a leasing company to you. On the advantages and features of this method is much discussed, including the authors Prostobank.ua. So what are the main pitfalls of your personal risks and inconvenience just for this scheme for purchase of housing, "primary"?

Related article: Developers have abandoned the «gray schemes»

The disadvantage of the first turning into convenience: unfinished can be the object of leasing. "Prior to completion, making the house in operation and registration of property rights for the landlord to housing, its conclusion will not be possible - says attorney Anne Ogrenchuk, managing partner of law firm LCF Law Group. - Firstly, in the lease must specify the document confirming the ownership of the lessor. Second, the contract is subject to notarization and state registration, which will also not be possible without the landlord title documents. Third, earmarked rented accommodation is living in it the tenant, and housing should be suitable for this true story that, in terms of the notary, will not be possible if the house is unfinished and not put into operation. "

In this case, domestic leasing companies, in contrast to the western, has not been seen in the acquisition of apartments in unfinished to let individuals in their lease after completion. So, when fizlinge "primary" we are talking about recently put into operation a building where uninhabited apartment sells or another developer, or have physical persons (himself an investor in the construction or even the "umpteenth" middleman object). Of course, finlizing a "primary" at the same time, the benefits - you do not risk being left with unfinished projects on his hands.

The disadvantage of the second. The leasing company as the owner has the right to contract with you to prescribe any limitations on the repair of housing. And when buying a "primary" major repairs, you will agree, is a must start living in the apartment

The disadvantage of the third: the reserve and utilities. Since the apartment is owned by, and for utilities to pay you - the company usually requires a reserve of up to 3% of the cost of housing for urgent treatment occurred on this and similar points of your debt. These 1-3% are counted in the total cost of your payments, being so distinctive a part of the initial payment for housing. Nevertheless, it is worth remembering that 3% to, say, 80 thousand dollars - it's as much as 2400 dollars.

In general, the Company has the right to exercise tight control over your monthly utility payments that are not very many people rejoice. By the way, the delay rental payment for leasing is usually penalized at all, "not a child" - a few extra percent of the outstanding loan amount on a daily basis (so severely banks, for example, are not working). Moreover, in case of delay in making a regular payment, the seller under the contract may cancel the contract and the obligation to return funds already introduced legislation does not provide, "- says the lawyer Artem Stoyanov, senior partner of LCF Law Group.

Finally, in case of leasing of housing you are, of course, as with a loan, pay, insurance is an expensive object.

Inconvenience of four: the risk of foreclosure without your consent. Leasing companies for the purchase of new facilities lease actively take bank loans - and frequently, it is secured by the assets they previously purchased, for which the citizens of the tenant has not paid the full amount. There is a kind of pyramid - in which the company may one day become a victim of fraud or simply unfortunate financial circumstances. And then a loan against your (that is, until that is not yours) apartments may be the subject of complex litigation exclusion, in the end, this housing for the benefit of creditors of the bank - or the same apartment would go to auction in favor of other lizingoderzhateley company.

In this case paid your rent payments (net of insurance and commission payments), the company in court or in accordance with the contract you can, and will return (although, in principle, the possibility and procedure for the return of payments terminate the contract or when the interest rates are not regulated law, these questions are written directly by the parties at the conclusion of a specific treaty "- reminiscent of lawyers). However, because of "nedopriobretennoy" apartments you, in this case, just have to leave, no laws on the mortgage and protect the rights of borrowers here will not work. And prices for similar housing at that time may have to grow up.

Finally, unscrupulous lessor may dispose of without any reason given to you in leasing the property - if you do not notice in a contract prescribed by law of its action in unilaterally upon certain conditions. Conditions of termination of the contract with you can be listed and the delay you a few rent or utility bills, and even a "change of market conditions" (every economist and lawyer arguments will refer to this cause on any day). Of course, the risk of fraud is small so frankly, but to be especially attentive to the lease agreements is for pre-emption of such phenomena

However, the new owner who will sell your lessor fairly flat, just "inherit" the lease agreement with you - and will be obliged to execute all of his points in relation to you (ie to act as a landlord).

The disadvantage of the fifth: "ransom." "The risks of leasing housing may include lack of a clear solution at the legislative level, the transfer of ownership of housing to the tenant, who had already paid the full cost of housing, procedure and deadlines for signing the payment in full of rent payments," - signals a lawyer Anna Ogrenchuk. All of these points so far can only be resolved at the conclusion of the contract with the leasing company.

Inconvenience sixth: more expensive commissions or the cost of housing. On this much talk and worry about potential tenants - but, in fact, everything connected with it will surely and accurately described in your contract with the company. If, however, does not say anything, then there is no reason to worry, you will be protected by law. "In accordance with Article 820 of the Civil Code, a unilateral change in fees for the use of housing is not permitted, unless otherwise provided by law and contract" - tells Jaroslav Onik, a partner at law firm ILF. Since no law "other" is not provided - the conclusion is simple: carefully read the contract.
Installment from the builder

Non-bank installment from the builder's unfinished building currently meets two of documentary types: investment with a deferred payment in the fund to finance construction (FSF) for the apartment - or purchase a deferred payment securities builder with a notarized service fee for the owner of these securities at a flat in a newly built house. However, in the sense of risk for individuals both types differ little (except for the utter bankruptcy of the builder owners of its securities will have an advantage compared with simple co-investors FSF). The advantages of non-bank installments as previously described. But at what inconvenience of this scheme is worth paying attention.

The disadvantage of the first: as a rule, the object of installments are unfinished

Theoretically, nothing prevents the developer to sell apartments in installments, and after putting the house in operation. However, a rare builder is now engaged in this - the last nedoprodannye apartments usually go "all" middlemen or borrowers from banks. In fact, developers do not build with a large excess of supply over the potential demand (which is understood as the demand is to purchase an apartment with the money of citizens or the bank's "full") - that is, payment by installments for real estate developers is still only a minor symptomatic measure without much enthusiasm for this method of business.

The disadvantage of the second: short term installment

Most developers offer hire only up to a target date for completion of the building or on the scanty periods (as long as that rarest of rare exceptions is marked on the market five-year installment plan). In this installment in the last two years before putting the house for poor citizens who do not have a big down payment has little meaning (in Kiev for a two-year installments and in advance 5% we are talking about payments for at least three thousand dollars per month).

In this case, the planned timing of construction of residential complexes rarely exceeds three or four years. Hence, investing in installments should be in the first years of construction. However, previous installments of 25 per cent availability of the building has considerable risk for the buyer - and very many, taught "Elita-Center", refusing to invest "in a zero level" or "in the wall a couple of floors (although after the crisis are nesdannymi for two years other buildings built before the monetary and price hikes on all 25 floors).

Thus, the installment on the "primary" for families with low income (up to two thousand dollars per month) is convenient only if there is a large initial fee - equal in Kiev at least 50-60 thousand dollars. In this case, the missing to the apartment in the newly finished NPP is clearly active 10-15 thousand American units can take installments and for a period of one and a half to two years.

The disadvantage of the third: a mandatory rise in cost per square meter as the conversion of houses into a finished object.

The existing scheme of payment by installments from the developer (any) not only allows the latter to raise the price of housing at any time - but such an increase is bound to come, although the interest rate on the installment plan will remain the same (as is known, the "ready" house, the more expensive it all "primary" , and the developer can not allow you to continue to invest a month before the date for the same price as three years before that). At the same time and the degree of appreciation and the final price of the apartment remain unknown to you (we can only guess at the precedents and the state).

This is done, for example: an investor pays an initial fee and first payment, without receiving title to the apartment (before putting the house no flats for the law is not) - but only by investing in a certain number of square feet in such a future apartment increases with each payment. For example, you've got 37 square meters in the 74-meter apartment, paying an advance of 50%. Another 20 yards were after the first payment installment plan.

But then a square meter in your future apartment expensive. And of the remaining 17 meters you ten meters "buy" is more expensive, and the last seven even more expensive. The difference in the amount 50% and installments for two or three years will be relatively small - every once in a hundred or two dollars plus one thousand dollars or two monthly payments - but even expect this phenomenon, yet it has not happened already unpleasant. Saved from this can only relevant paragraph in the contract. Fortunately, the market there are builders who do not practice such a scheme.

P.S. In general, in the case of "primary" no bank that has entered into a direct partnership agreement with the developer and the lender of natural persons, there is another factor inconvenience. Thus, the risk of long stalled construction projects without bank "on the horizon is higher than in close collaboration with the developer's bank. The risk of rising prices per square meter over time in the presence of the bank - nolprotsentny (after the bank just to pay for your builder to complete the cost of investing in an apartment). Finally, the credit terms "their" "primary" from banks so longer than installments from developers that the monthly payments on long-term lending will certainly lower for a bank mortgage, even with insurance payments and even if the installment of the builder was at 0% real per annum.
Content tags: Housing New buildings
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