In Podmoskove dozens of buyers may lose their apartments

11.10.2010 07:00
Articles about real estate | In Podmoskove dozens of buyers may lose their apartments In the suburbs may be a completely new phenomenon: the "community defrauded buyers of apartments." Their homes risk losing tens of bona fide settlers.

In our legal practice, this case is unprecedented, and its social consequences can be unpredictable. There was also an acute situation in the town of Railroad, where five people who have bought apartments in the new house already lost their homes by the court. All of them were bona fide purchasers, but they are not saved.

Sixteen more residents of the nine apartments are at a dangerous level. They are forced into court to prove their right to live in new houses. The bad news for them that will decide their fate Railway Municipal Court Judge Mary Ermolina. That is considered the first case, and it is unlikely her position could so quickly change.

Lawyers have long been known features of the national legislation: even honest sometimes buying a home does not guarantee a calm life. In certain situations, bona fide purchaser may be on the street. But even against this backdrop that the mass eviction of settlers, perhaps, an exceptional case. Thus, the alleged right to recover defrauded real estate investors. At the very least, insist on the plaintiffs. However, analysis of similar cases shows that the judge's decision Ermolino somewhat out of the general judicial practice. Hence, the law is not as straightforward on this issue?

The story itself started a few years ago when a construction company started to build houses in several districts of Moscow region. As usual, he immediately started selling flats under construction.

However, the company had difficulties, and she left the construction site. Empty concrete boxes frozen with dark windows. Hundreds of people have invested their money in them, almost shared the fate of defrauded real estate investors. Moscow region authorities, to their credit, did not throw people in distress. The regional government and local authorities have found a company that brought the building up to the end.

It would seem that the story got a happy denouement. However, after the company "Mega Build" - a new investor - has built homes for many happy settlers poured claims. Each time the scheme was approximately the same claims. "Defrauded real estate investors (or people who call themselves as such), contracts with intermediary firms who have worked with the former developer. The scheme used in the Railway Court, even simpler, since the requirement for the transfer of flats directly stated the construction company, contractor former builder, in which Judge Ermolina discerned "defrauded real estate investors." If legally speaking, these firms were co-investors of the very old builders.

As stated the plaintiffs, the new developer was obliged to take them into account in their calculations, but not taken into account. Truth, honesty of some intermediary firms remains in question. Controversy surrounding built houses and assorted Ivanteevka Train municipal courts, the Moscow regional court, the arbitral tribunal, Moscow Region, Ninth Arbitration Court of Appeal and the Federal Arbitration Court of Moscow District. The enumeration of instances, it is important to show how a wide range of people in robes studied the problem.

For example, as revealed in the process of Ivanteevka municipal court, the company LLC "BLS Kit", claiming the apartment, did not properly fulfill its obligations to the former developer. Supply valve, it "forgot", but do not forget to require apartments to "share". Naturally, the plaintiffs lost the case. For citizens who lost their money, the only solution in this case - to make a complaint to the firms co-investors.

Similar decisions handed down and arbitration courts. A presidium of the Supreme Arbitration Court even issued precedential decision: co-investor, co-investment agreement concluded with the former developer, has no right to require the developer of a new transfer of flats. As indicated by the highest court, the rights to the apartment only occur after the completion of the house. Old investor until the completion of construction is not physically able to pass a co-investor rights that do not yet exist. Of course, decisions of the Supreme Arbitration Court applies only to courts of arbitration. However, the law is the same for everyone. The Presidium of the Supreme Arbitration Court of complex legal conflict dismantle the best experts, scholars and practitioners.

Therefore, some judges of general jurisdiction, will probably be useful to listen to them. The more that the leaders of the two branches of the judiciary have said many times how important the unity of jurisprudence. No accident that the recent Supreme Arbitration and Supreme Courts have even begun to take joint decisions.

Against this background the decision of the Railway Municipal Court stands alone, but a new lawsuit threatens to trouble the new tenants. For two processes - past and future - is the firm Molniya-M. At the time she signed a contract with "Stroymetresursom - previous investors. And now clamoring for a new apartment builder - MegaStroya. Meanwhile, as found in a similar process Ivanteevka court, "universal succession between ZAO Stroymetresurs LLC and MegaStroy" not available ". According to the court, the transfer of rights and duties of the investor did not cause appearance of a new investor, that is, the company MegaStroy 'obligations to third parties, who had a contractual relationship with a previous investor. What has changed in the Railway?

In this situation, first of all sorry for not even the third, and fifth and tenth people - ordinary people who honestly have bought apartments in new buildings. It is difficult to suggest what may be social consequences if the suburbs with a light hand of the court there were whole community, "defrauded customers' ...
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