Prospective buyers rights to a deal on an apartment assignment may be interesting, because he gets the opportunity to buy space in the house, which is already sold out, sales of apartments in which the suspension, etc. For example, the buyer wants to live in a new house in South Butovo, and all the developers have stopped selling new buildings in the area. In this case, assignment - only chance to buy an apartment in the vending area and the house. As a rule, willing to sell an apartment on the assignment, looking at the forums, which organize the future residents of the home, or in popular publications on residential real estate. Often such people can be found through the developer - many buyers who become eligible for an apartment, if you wish to sell these rights apply to the developer.

The sellers are driven by quite different motives. `Often, this scheme used by clients in the sale of` investment 'apartments. Buying a house at the stage of excavation, they exhibit flat for sale in the last stage of the project `, - Anna Alsherova, senior counsel of the company` City-XXI Century '. They assign a right at a price much greater than the original - the yield operation can reach up to 100% per annum. Many people sell the rights to have not built an apartment due to changing life circumstances - for example, if an urgent need to repay the loan taken at work or with friends, in case of divorce, inheritance, good housing, etc. And, finally, to sell the rights to the apartment may want those who know the negative details about the home builder, the prospects for its construction, connection to utilities, making the state commission, etc. There are cases where the right to sell the apartment staff developer - they have access to the purchase of apartments and risk assessment at the earliest stages of the project and bought an apartment in 'investment' purposes.

No developer can not do

Regardless of whether allowed or not allowed assignment of the rights of the original contract, in practice, assignment of the rights to the apartment is not possible without the active participation of the builder. From it is necessary to obtain information about what obligations the original copyright holder has been completed under the contract, which still need to execute a written permission to assign, and other information. You must make sure that the contract under which the right to an apartment owned by the current holder, accounted for the initial investor. It is also important because, if suddenly developer (investor) will refuse to give an apartment to a person who received the rights to it by assignment, granted those rights to Nike will not be held responsible.

Typically, the developer refuses to obtain the necessary information, but sets a fee for the so-called re-registration documents, the issuance of consent to assignment of rights. The cost of such an agreement could be up to $ 3000. In egregious cases, the developer (investor) may require additional charge `in accordance with the current price list`.

At the developer must obtain a complete package of documents on the house (as if you bought the rights to the apartment directly from him), to clarify the status of construction and other nuances. `Perform analysis of the company, which has been building, design and licensing documents` - advises Maria Makarova, lawyer corporation `BEST Real Estate`. It is important to assess business activities and the reputation of the builder, find out the status of other ongoing projects or sold to them.

Need to know the state of mutual seller's rights with the developer - how much money has already been paid, which are given a delay, discounts, penalties assessed for late payment, interest on the installment plan. If some do not pay the amount, they will need to pay to the contract assignment - otherwise the contract assignment may be invalidated, but the developer refused to obtain an apartment. `Conscientious developer, as well as an investor or co-investor, will show the financial documents confirming the payment of money under the contract, because without the payment of the assignment is invalid`, - the lawyer thinks the Corporation `Incom Properties` Angelica Zharkov.

`In every contract there is a schedule of payment under this schedule you can determine how much the seller has already paid the developer, how much to pay. Documents certifying the fact of payment, may be acts or money orders bank performance ', - notes Nikolay Vopilovsky, head of the Department for Legal Support Office Novostroek company `Miel Real Estate'. At the developer can get an act of the performance of obligations according to the calculations and payment documents. If the calculation with the developer used insurance scheme, some payments were outside the contract - it is also necessary to clarify and ascertain that the person I give you the right, to comply with these obligations. And if not complied with - then negotiate with the developer on the conditions of their performance, but with the seller - to reduce the cost of transfer of rights in the amount of outstanding obligations. Or you might get an unpleasant situation where the buyer would have to first pay the seller the right under the treaties, and then a developer and the amount that the seller does not refund.

Received from the builder data itself must be flat compared with the data provided directly by the seller of rights. `It is better if the apartment will be accompanied by a qualification test plan, so it can be easily identified in case of disputes', - notes Nikolay Vopilovsky.

Double sales and chain

When buying assignment for one of the main risks are the so-called `` double sales. For example, you can assign rights to the same apartment 2,3,4 or more times. For single register of contracts not being in the country and the contract of assignment is not subject to any registration. Well, if the registry agreements and promptly update the lead developer himself (investor) - in this case should contact the developer and learn the history of `` flat. He'll tell you and show you when and to whom, on what grounds to assign the apartment, which has on it, offering you complete the deal. Typically, large and proven developers are its roster. The only type of contracts, which are the state register - the contract the equity in the building. Assignment of rights under them are also recorded. However, such contracts until the developers put into practice in 99% of cases do not apply.

The same apartment can be transferred many times - formed the so-called chain. Such a scheme has been extended to the commissioning of the Federal Law 214, where apartments can assign not only between individuals but also legal entities. `To date, contracts conveyancing requirements negotiated between the entities prohibited by law '- explains Angelica Zharkov. However, multiple assignment of apartments between individuals, the new law does not prohibit. To reduce the risks to trace the entire chain of reassignments and its purity. `For all treaties must be implemented payment`, - notes Nikolay Vopilovsky. In practice, however, usually do so very difficult.

Moscow government more closely followed the Moscow builders (inevstorami) and their actions than regional - so the risk of buying apartments on assignment in the capital are generally less than in the Moscow region. In the often contentious situations arise where a long line of concessions does not take into account the initial investor. `As a result, registration of ownership of a natural person may be difficult, especially if the developer would be unfair, that recently has become a scourge of` `, - notes Angelica Zharkov. However, as noted Khaya Pleschitskaya, from a legal point of view there is no difference between the treaties assignment in Moscow and the region no. `The legal relations arising from the assignment is governed by the Civil Code. This law is valid throughout the territory of Russia ', - says Khaya Pleschitskaya.

Hindsight

Design cessions, usually stops the developer of the date of signing of the Act on the implementation of the investment contract between the developer and the local authorities (and other parties of the contract), the Act of entering the house into operation or since the signing of the acceptance of home state commission. `Theoretically possible to design an assignment as there is a claim (to the point until a contract is not executed in the transfer of the apartment)` - notes Khaya Pleschitskaya. However, between the time of signing the act of reception and transmission flats and a certificate of ownership is 1-2 years, and it turns out that all this time you can not sell an apartment formally. Devised a scheme that allows them to sell an apartment on assignment and at this point. For example, the assignment of the contract are retroactive - before the date of the state commission.

In addition to the contract assignment law (assignment), the operation of assignment may be framed by the renegotiation of the contract directly with the developer. Ie The developer shall receive a statement from the seller the right to transmit them to another person and made in accordance with this change in the contract (for example, a preliminary contract of sale), in addition, a contract of a change of the obligation. `Treaty` assignment of rights 'is now used less and less active documents that are carried out work - this is a preliminary agreement', - said Maria Makarova, lawyer corporation `BEST Real Estate`.

Possible purchase of assignment and apartments in the newly bought on a mortgage loan. But this operation is not possible without the consent and participation of the bank, which will be actively involved in the transaction. Conditions of transfer of the apartment, as a rule, establishes the bank. Some banks require you to pay not less than 50% of the price. In this case, the obligation to pay the rest of the loan amount transferred to the new owner, if he would agree and be creditworthy. In other credit institutions is a prerequisite for transfer of 100-percent flat fee mortgage `, - says Anna Alsherova.

In general, the operation to purchase an apartment on assignment at the individual, is more complex than directly from the developer (investor), but gives more opportunities to realize the desire to purchase apartments in the selected house.