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Sales and New

 

New - AtticOver a quarter of New - Attic of new buildings in the capital to sell legitimate, white pattern, the remaining property sold on the gray, dubious scheme.Customers gray flats called "defrauded real estate investors, because they trigger all kinds of hunger strikes, pickets, rallies, hunger strikes to draw attention after the incident the authorities. The situation is not simple, but the initiators of this situation are themselves customers, because they had not been forced to acquire new buildings in Moscow in the gray scheme, they knew the consequences of such savings, but as always hoped for "maybe".

According to the letter of the law in force for five years, the expanses of Russia, developers must necessarily enter into the contract equity. In most cases, developers ignore the law and ignore them in the implementation of housing, more houses under construction, especially the real estate economy class. Given today's difficult economic situation and lack the necessary level of support from the banks, more and more developers are applying, it is a gray scheme, only the wealthy developers, built for their money, sell real estate business and luxury properties under the federal law number 214. Builders do not want to follow the requirements of the law because of its normalization of relations with the hard interest-holders, and enforceable requirements is difficult, because the law on 214 housing developer the right to sell only those objects which are framed in the documentation and have a building permit. Also, this law requires the developer to build the property according to schedule and transmit real estate co-investors in the period, according to the signed contract and declared the date of completion.

In case of violation of the developer of their obligations, the treaty provides a serious, much higher than yields on bank deposit to any financial liability. In today's economic stability is not, most builders do not physically have full confidence in the future and the performance of all conditions of the federal law number 214 on the joint construction, bearing in mind the situation the years 2008-2009, when due to lack of funds frozen objects in the state with 80% -90% ready. Today, only a third of the capital and the suburbs of apartments sold under the requirements of the federal law number 214. In other cases, the apartments are sold on the gray scheme, based on the conclusion of the preliminary contract of sale of the property, including the use of leasing and financial leasing. Typically, such agreements are drawn up so that there is no possibility of co-investors, even in court to prove the violation and to recover their money from the frozen property, because such contracts do not specify any deadline or the developer the right to change it.

Unlawful in the pre-negotiated contracts is not, as a form of legal relations is provided by the Civil Code (Art. 429). Today, in most cases, a preliminary contract of sale is a kind of agreement of intent and does not have that strength that is a full-fledged treaty. It is often used as a way to exchange money for promises that can not strictly comply with, because there is no punishment for it. For such contracts doljschikov transfers funds for the construction has not yet existing housing, and the developer, taking the money, promised to pass on the readiness of an apartment property.