Today, sellers of apartments in new buildings use multiple schemes. The safest for the buyer - the conclusion of the contract in accordance with the law `On the 214 participating in the shared construction of apartment buildings ...`. However, this scheme is the most unpopular with developers. And since today is the seller dictates the rules of the game, the buyer has no choice but to take him on a leash and enter into a contract, which he will propose. What the scheme offers sellers and where to find the trick? `The most common two schemes. This promissory note scheme, when a customer buys from a construction company a bill for an amount that subsequently exchanged this valuable paper in an apartment in the new house, and the conclusion of the preliminary contract, - said Viktor Kozlov, Commercial Director of Augur `Estate`. - These schemes complement each other. Using exchange license from the buyer is usually two contracts - a preliminary agreement and the contract of sale bill. In the preliminary agreement specifies the conditions for an apartment, its technical characteristics, price, expected date of conclusion of the main contract. If the builder have any problems, then the buyer risks not get an apartment in the property at a price fixed by the acquisition of the bill. From a legal point of view of co-investor may require the company issuing this valuable paper, only the invested funds, and not flat `. `In another scheme with the buyer is only one contract - a preliminary contract of sale. It also specifies the technical characteristics of the acquired property, prison sentences, the basic contract, and the obligation of the buyer to pay a security deposit or fee proportionate to the value of the apartment - continues to Viktor Kozlov. - In any of these schemes, the citizen is not formally involved in the construction and not an investor. For the buyer the second option is preferable for the transaction, as well as the relationship between the buyer's payment obligation and the developer to conclude the main contract and send in his own apartment clearer `. Today, the buyer is obliged to take the pattern dictated by the seller. Cachan law is useless - the demand far exceeds supply, and by refusing to sign a contract imposed on, you just give way to a more accommodating to the client. Especially many pliable among those who buy real estate with investment objectives. `There are two categories of buyers: people who buy an apartment for themselves, and investors. Their interests are different, - says the head of the department of elite housing companies 'New Quality' Alexander Ilyukhin. - First they want to insure themselves against trouble. Second, these troubles, the most apparent, are looking for. The fact that the greater the risk, the higher the profit. Buyer or investor assesses risks more professionally and, balancing on their pre-selected range, makes a decision. And since the profit of the investor depending on the object is 50-70%, and on some sites reaches 90%, it is clear that the developers are tempted to offer a more risky, but a simplified scheme for investment '. Given that the share of investment purchases of apartments is growing, people who purchase property for themselves, you only have to accept the situation. However, the majority of buyers are ready to sign any paper, especially without delving into its contents. However, the observations Alexandra Rodionova, a lawyer firm `Georgiev and partners' level of legal literacy of potential newcomers though slowly, but growing. `Today, more and more potential buyers before making a decision about buying an apartment in the newly alone or with the help of outside lawyers they analyze the proposed scheme seller m apartment acquisition for the extent to which protected their interests, as well as study documents for the construction, - he said. - In the first objects of attention are the buyer issues related to verification of registration of land relations, as well as issues relating to the rights of the company itself, the developer of the proposed apartments. In particular, if the construction is carried out under the investment contract, check to see if the buyer's interests in the share of company's flat-builder for such investment contract '. The most cautious buyers seek the help of a lawyer, and with it shtudiruyut contract. But this does not always help. `If this is not a specialized legal agency, the lawyer may not understand all aspects of real estate. A lack of knowledge of the specific obstacles to the conduct of the transaction, as a lawyer in the process of `work 'with a contract or trying to change those items that you can not change or delay the process, seize upon irrelevant detail - Kaido said Karma, general manager of elite new buildings of the company` Miel Real Estate `. - And is not a compromise, which, on the one hand, he defended a client, on the other - could help him get an apartment. As a result, the client loses money on legal services and is not seeking the desired result - do not become flat. Therefore, selecting a lawyer, you must remember that it must necessarily be a lawyer, a competent real estate. Such a lawyer is aware of what can be `blind ', but that really is the key point in the contract`. At what point to literate homebuyers and lawyers? `In the first place on the financial side of the question, - says Alexander Rodionov. - In particular, the fact that the price of an apartment has not been defined as an approximate to exclude the situation where at the stage of completion the buyer will be asked to pay any more money. Attention is drawn and what is not clear whether there would in future nyh additional costs that may increase the cost for a buyer purchased an apartment (for example, this may be the cost of providing services to design property rights). Knowledgeable buyer is aware that the contract concluded by him with the seller, must defend its interests. If necessary and in agreement with the seller of the seller offered a draft treaty can be supplemented with the necessary provisions and / or guarantees `. Unfortunately, most sellers in the primary housing market are reluctant to make any changes in their draft treaty, and sometimes even refuse to discuss the possibility of making any changes. And to force the seller to conclude a contract on terms that suit the buyer, under the current legislation, alas, is impossible.
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