The main problems in new home buyers

16.02.2020 00:45
Buying an apartment in new building - this is probably the most dangerous trades in the market. Lawyer Oleg Sukhov offers examples from his practice to examine the most common problems that arise when buying a home in the primary market.

1. Deception

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"The most urgent, complex and burdensome problem, expecting interest holders - Suspension of building a house, or the lack of any kind has been building at all, - said the lawyer Oleg Sukhov. - If the first option still some hope for housing may be, in the second - hardly. Failure of construction is most often the result of fraud or originally planned, or not qualified employee of the construction company, or else by force majeure, resulting in a lack of funding and / or continuation of construction. "

2. Double Sales

The second problem is the complexity and consequences, was waiting for real estate investors - double sales, ie implementation of one of the property to several persons. In the case of being caught double sales preferential right to obtain an apartment has the holders, who had previously signed contract or paid.

3. Terms

Delayed timing of construction of the house and as a result - delay, sometimes substantial, in the apartment - the most common problem in these respects. Perhaps, there is a developer in Russia, which would be completed in time the promised construction. Interest holders should be aware that the delay in the transfer of the property, he may demand from the construction company paid a penalty for each day of delay in the transfer of living space, defined by the contract or the amount of one stopyatidesyatoy refinancing.

4. Inadequate quality

Slightly less common problem for shareholders, but no less important the provision of poor quality apartments that may be associated with apparent defects are premises that are not acceptable building codes, for example, huge cracks in floors, ceilings, no windows, much more. Or do not match those provided by the apartment characteristics, which were provided by the contract, such as windows and doors are not from the material that is not diluted with electrical wiring, no interior partitions, or even a house built of a class or for other design characteristics.

5. Additional spending

Almost every interest holders faced with the fact that it obliged to pay extra for "extra" parameters. Part of these requirements the developer justified, but in many cases, the obligations imposed on the buyers are not legitimate. Before opening the purse, consult with a lawyer. In addition, the interest holders should be aware that if the builder tightened the terms of construction and he is obliged by law or contract to pay a penalty to the buyer, the responsibility for meter surcharge may be paid by the counter-obligation to pay the penalty.

6. The absence of external infrastructure

Perhaps the beach and feature the name of our state. In pursuit of the ruble and the construction companies and local authorities are developing projects that do not involve the possibility of construction in the immediate proximity to a residential area of ​​social objects. Development is carried out so tightly that schools, kindergartens, roads, parks, parking simply does not squeeze.

7. Execution of documents

The average property application process takes up to one year. However, it is considered normal if the period is close to two years. If the delay exceeds two years, it may signal the fact that no documents have to use the housing for very long if not for life - a dangerous situation. The output of the problem is - it's going to court with the requirements for recognition of property rights and registration rights of the m by judicial decision, regardless of the actions or omissions by the developer.

8. The imposition of the Criminal Code

"Often the developer forces the shareholders to contract with the" correct "management company. Buyers are forced to sign contracts for management and operation of the house at pre-defined conditions, to set tariffs and imposed on services that are always more expensive counterparts. Often, many of the services are performed at all. Needless to say, that the utilities in this scenario grows at times "- sums up the lawyer Oleg Sukhov.
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