What to check before the transaction?





16.10.2010 00:08
"Owner" continues to publish legal advice on personal experiences studied the pitfalls of the market buildings. Our author has not once bought an apartment in Sochi, finding just four reasons not to trust the seller. Now he talks about what more should alert the buyer.

Option Rechnik -2

Recently, a large shopping center, I was faced with the classic "scams": in broad daylight at a huge gathering of people trusting the citizens asked to buy an apartment in a "mini-townhouses" a few kilometers south of Moscow, just something for 30-35 thousand rubles. meter. I decided to check the sellers on four points outlined in the preceding article. Permission for the construction and design documentation are not available. Allegedly due to the fact that the individual building does not require them. It is time. All right, look on.

In the more difficult to read a copy of the certificate of land ownership in the name of an unknown company with limited liability specified destination country house construction. As an application to the certificate of land ownership has shown a copy of the local authorities to change the status of land for individual housing construction. Note that only the Federal Registration Service has the right to confirm the appointment of land in the certificate of land ownership. The funny thing is that the seller in a preliminary to the Treaty is not a society that is specified in the certificate of land ownership. It`s two and three.

Let`s see, what may result from such "investment"? Assume that you are in fractions with the same, as you have built a house near her house and registered it in the property as intended for permanent residence (in a distorted view of the famous ruling of the Constitutional Court).

But in this case, firstly, you are not the owner of the particular apartment as you wish and as you promised, and the owner of a virtual stake in this house. All this is more than questionable from a legal point of view. And secondly, I would like you to live in slums without services? After all, for the house needs central communications are sufficient to meet the needs of each "villa apartments": the required number of kilowatts of electricity, heating, hot and cold running water, central sewerage. These technical conditions for the problem is not realizable. But the earth, we recall, is right under the "country house construction.

Now about the money and guarantees. With an almost intractable legal problems of ownership and with absolutely intractable problems of the central communications unfortunate "gardeners" will remain one on one, and the seller, after receiving the money to remove and would refer to the preliminary contract - he, they say, their conditions are met, the house built and share in the right common ownership of the cottage passed to the buyer.

Compliance with the first rule from the previous article - the presence of the project site builder declaration and registration of the contract the equity in the Federal Registration Service for FL-№ 214 - saves you from having to be educated as a lawyer in checking title and pravopodtverzhdayuschih documents on the ground. You do not need to be verification of the integrity and financial capacity of the builder. In addition, the firm-laying and chain firms pads with concessions and agreements of cessions of claims by the developer for the apartment in this version can not participate, which is also important when assessing risk.

The land question is still "arhivazhen"

When buying an apartment in a preliminary agreement is necessary to check a permit for the construction and lease or ownership certificate (which is rarer) in the name of the builder. Just as the question of land was once the highlight of the Revolution "(according to its creator) as well as documents on the land right holder and the intended use of land otseyut more than half the known" kidalnyh "options.

The documents of the land must be strictly specified: the appointment of land - for the construction of multifamily homes. If you do not give the documents mentioned above or listed in their owner will not coincide with the seller of apartments on the preliminary agreement, or if the certificate of land ownership would indicate that it is designed for country house construction - turn around and leave.

Reputation of the builder - home warranty

Many believe that the guarantee of safety when buying an apartment in the primary housing market is the high stage of development. Especially quiet feel buyers when the house is tiled, inserted windows, roof mounted. The second condition is considered to be known builder, unwound his behalf. Alleged construction monster state will not let die, and his clients - to lose money and housing.

Allow ourselves to doubt. Realities of our lives are such that construction giant really help. "Office plankton" in the construction company will reduce, restructure its debt, after which the developer will provide government contracts for social programs and will be given soft loans at taxpayers` expense. But a simple small "apartment investor" to anyone not interested in, and all the consequences of failure of the construction company is primarily reflected on it.

A simple example. The author of this article four years ago was studying a proposal to sell one-bedroom apartments in the brick towers located on high slopes of the Moscow Ring Road, the north-western part of it, immediately behind a major shopping center. Houses were almost built and sold them one of the famous Moscow developers, with more than half a century.

Verification of documents did not cause any suspicion: a building permit was available, a lease agreement with Moscow region government was signed and was not even expired. Price for "odnushki, given their small square footage (40 square meters. M), was also acceptable at the time - slightly more than $ 70 thousand By the way, the dollar then, in 2006, fell continuously, causing a desire to get rid of it. Apartment planning convenient, great view. One would think, why not buy an apartment?

Confused, however, the absence of railways and prospects for the subway. And indeed, a full transport interchange with departure on Ring Road was not (as there is none now).

A crucial role in the decision played a negative information about the brand builder: Internet was full of complaints about delays in putting the house for a year or two, and more.

Suspicions of my efforts because of negligence and arrogance (not to say boorish) attitude of employees, their incompetence and unwillingness to show the building permit and a lease of land. Also in preddogovore was not clearly specified deadline at home and do not impose liability for violation of developer`s declared deadline.

By the way, the sale of apartments on the preliminary agreements, as always, conducted on behalf of the firm-strip with a name similar to the name of the company-builder.

Translated into everyday language apartment offer was: "You money is transferred to us, and we will soon construct a house and give the apartment. We always gave you the keys. When? Soon, very soon. We build more than a dozen years, feel ashamed and foolish we are not trusted. "

On this premise there is always an objection: shameful and unwise to pay money for the mere promise to transfer the apartment "soon, probably in the next quarter."

Fears were not unfounded. For 4 consecutive years construction has been frozen: it barely warm life, building simulated rather than taken place, paid the money somewhere someone scrolls and unlucky buyers of apartments rented strange angles, and wrote petitions, appeals, petitions, went to meetings, actively communicating on the forum.

Now, in 2010, buyers seem to have achieved his aim: the developer promises to soon launch Thermal Center, soothes, and that is about to go flat hot water, and houses will be connected to the power of the permanent scheme.

If you do not have insider information from this company-builder does not know its financial, political and legal situation from the inside, better play it safe. You`re not in the casinos came for the thrill, and construction firms to improve their living conditions and (or) a reliable investment funds.

Then, in 2006, the author nevertheless decided to buy a similar apartment on the meter, but much cheaper, almost at the stage of excavation (was elevated only 4-th floor), a small town adjacent to the Ring Road on the east side. When making a decision about buying an apartment was a decisive rule 4 - the lack of negativity about the builder. The history of the builder did not have any black spots - in the city were no defrauded real estate investors. Other developers in the city also had no - well, what you want, this is our reality. Incidentally, I note that such "perfect" property developers all over Moscow and the Moscow region no more than 3-4, and they all relate more to the category average over the volume of construction.

Preddogovor with the builder set the deadline for putting the house - 2 nd quarter of 2008. Sales of apartments in parallel with the developers to realize one known realtor agency, not mired in cooperation with the "Social Initiative".

I believe that a preliminary contract can be entered at any stage of construction, but only under one condition - an impeccable reputation of the builder. And these developers, as noted above, well, quite a bit.

The money was found and paid. The house was built and commissioned strictly in time, the keys are obtained in the summer of 2008.

Then, in mid-2008, the developer has to register already concluded the preliminary agreement on the FZ-№ 214, as available to the author of these lines, then down to obtain a certificate of ownership in early 2010, felt quite calm.

Of interest to the estate, the author continued to track sales and construction in this city. What is surprising in a time of crisis, from late 2008 to the present time, construction was carried out, the house gave up on schedule or with minor delays no more than 2-3 months.

In addition, in this suburban town was the railway station within walking distance of the object construction, as well as in the long term - the metro system. Factor of the railway, in our opinion, the key when buying real estate in the suburbs, and the farther away the object is located on Moscow, so this factor is more important. This condition is even weightier than the availability of high-speed highway without traffic jams and traffic lights to Moscow.
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