`As long as the apartment is still there, then what difference does that sell?` - Think creative lawyers developers. Indeed, why sell the rights to an apartment, if you can sell a security issued by the company-developer.

Said - done. Thus born bill scheme. We must mention that these schemes have been in the past and apply them including the very serious developers, but, as with other embodiments, the consumer is still hope for the integrity of the company, as the legal guarantees to get an apartment - no.

Bill - is drawn from the statutory form of an unconditional written obligation to the debt-money issued by one party (the maker) to another party (promisee). Do not deceive ourselves with the words 'unconditional commitment', as to any possible claims for fraud, one answer: 'No money'. Bill issued in an amount corresponding to the value of the apartment. A subsequent contract of sale is paid not in cash, and promissory note. The developer promises that will not require an additional amount and that will return the invested funds, if the construction for some reason falls.

While it is difficult to assess how smoothly in real life set-off payment of bills in the apartment. It should be noted, however a significant disadvantage bills schemes: to conclude a sales contract, the developer must first draw a flat in the property itself, but experience shows that from the state commission to design the ownership of apartments in Moscow, now goes up to three years, and even more.

Armor is strong, but prospects uncertain

Another form of agreement - apartment reservation. Something similar is common in some countries of Western Europe with a difference that is paid when booking a small deposit, but not 100%, as we have. Special obligations of such contract for the builder does not impose, as, in essence, is an agreement of intent. But the buyer is no room for maneuver: a treaty not only the developer undertakes to sell the apartment, but the buyer is obliged to redeem it.

As with the exchange license, the right of ownership is made first to the builder. By the way, the very possibility of selling apartments in the property came only two years ago, when sales of apartments for the operation of legal entities no longer subject to VAT. In the long term this should lead to a normal situation, when the apartment will be ready soon to buy the property. However, they should appear on the market, and yet everything is still scatters under construction, despite the risks. So that all transition costs normally borne by the consumer. Lawyers note that the judicial perspective such contracts are very vague, since, in fact, there is a sham transaction.

Preliminary contract

Another form - a preliminary contract of sale. Moreover, such a contract can be used in combination with other schemes, for example, bill. According to the preliminary contract, the parties undertake to conclude a future contract of sale. The difficulty here is that the goods (ie apartments) are not available, and therefore do not know its exact parameters, including area, no address. This opens the "rich" to interpret the contract and does not give the buyer a full guarantee that it does not require extra charge. Moreover, the developer can formally say that the general had in mind another apartment. As a result, he may by scrolling through the customer's money, to return them, and sell the apartment to another at an increased price.

Deposit

However, not all so gloomy. Scheme, giving at least some guarantees, now emerging. True, they are not connected with the legislation, and initiatives of local authorities and banks. In particular, the Moscow authorities are working on a system where to get the area under construction is necessary to produce bank guarantees for a significant part of the cost of the project. Developers, of course, is absolutely not happy, because, unlike the law on co-investors such a rule would be impossible to ignore, and heat the bank much more difficult than to deceive individuals.

Very promising, many experts believe the Triple Alliance, in which the parties to legal relationships with home buying, in addition to a private person and the builder, the bank serves. Such schemes have already pushed some of the regional authorities. The initiative in this process belongs to Sberbank of Russia. The main difference from all the existing schemes - that the individual trusts their money at the time of construction is not the developer and the bank. Funds are placed in the target deposit and the developer are listed on the contract of sale before the completion of construction and all legal procedures. In turn, the bank issues a loan to the developer rather attractive terms. All this sounds nice, but to evaluate the details of such schemes could be, if they will spread, while talking about it early.
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At the end of this short review is to say that now continues with ads on sites clearly reduced prices. Therefore, taking the decision to buy is worth to remember that the market is as yet no single form of the contract, which is 100% guaranteed individuals by the prospects to join the army deceived investors. This does not mean that we should all abandon the idea of buying new construction. However, the consumer is now more important than ever to pay attention not to the contract (as they love to inertia, some experts advise), and the history of the builder and that it had the financial and physical assets.