Tip 1: How to verify an equity agreement

Jurisprudence

Tip 1: How to verify an equity agreement

Under the contract of equity participation on the one handperform interest holders - citizens and legal entities, on the other - the developer. The agreement is concluded with the purpose of attracting funds for the shared construction of an apartment building and (or) another real estate object.

How to verify an agreement on equity participation

Instructions

The equity contract is the most reliable anda legally protected contract. Like any agreement, it should contain key sections that characterize and regulate the relationship between the interest-bearer and the developer. The object of shared construction can be residential and non-residential premises, with the exception of the production facility.

In the contract one after another must followthe following sections: - the place and date of its conclusion - the name of the contract - the full name of the parties (for individuals - full name, for legal persons, the official and the document on which the organization operates) - the subject of the agreement - the procedure for financing - the rights and the responsibilities of the parties - the responsibility of the parties - force majeure circumstances - ensuring the fulfillment of obligations - the term of the contract - the details of the parties.

In addition, in the equity contract shouldThe following mandatory conditions should be specified: - a shared construction project has been registered; - the period in which the developer transfers the object of shared construction to their participants (equity holders) is established; - the price, the procedure and the payment term have been determined, - the guarantee period for the share construction object (as a rule, not less than 5 years) is indicated. The contract is considered not concluded if these conditions are not registered in it.

The contract of equity participation is subject to mandatoryregistration in the registration service, only after that it is considered concluded. State registration is a kind of guarantee that an apartment is sold only to an interest-holder; Excludes the possibility of selling the same apartment several times.

Tip 2: How to determine the price of the contract

The contract is a document in which the parties to the transactionindicate all the essential conditions under which the transaction will take place, that is, how, when, how, within what timeframes the actions will be performed by the parties, and what will be the reward for them. Identify Price contract it is not always easy, so you should know what it is, what it is and how it is regulated.

Instructions

Price contract - is money or other material assets that one party contract Will receive from the other for proper performance of contractual obligations. If the price does not suit one of the parties contract, the contract in certain cases may be considered non-concluded. To determine the price contract Additional documents can be drawn up (estimate, protocol of agreement of the negotiated price, etc.).

Price contract is determined on the basis of the cost of goods and services, transportation costs, supplies, mediated by it will depend on the producer's prices and so on. Price contract Should take into account all relevant factors and arrange both parties contract (Or all parties to the contract, if there are more than two).

In certain cases, prices (pricing, tariffs,Rates) may be established and regulated by government agencies that have the authority to do so. State bodies can establish their prices only in cases provided for by law.

Price contract Can be clearly indicated in the item "Price contract", And can be formalized as an annex to the contract in the form of calculation, specified in the specification, tariffs and so on. If the price in the contract is not specified, it can be determined based on conditions contract and market prices established for the same or similar goods, works and services, that is, the prices that can be established under comparable circumstances are taken as a basis.

Price contract can be precise and fixed, predetermined and agreed parties contract. Also the price contract Can be determined only tentatively and require clarification at the time of the fulfillment of obligations (for example, at the time of the delivery of the product or the performance of any stage of work).

The price can be set in the national currency (rubles) or the currency of other states or can be paid in rubles, but as the equivalent of certain conventional monetary units.

Council 3: What is the contract of equity participation in construction

The contract of share participation in constructionis the main document that confirms the human rights that has invested money in the construction of a residential house, to receive an apartment after the completion of construction.

Share agreement

Federal Law No. 214-FZ of December 30, 2004year "On participation in the joint construction of apartment buildings and other real estate and on the introduction of amendments to certain legislative acts of the Russian Federation" is the main regulatory act that regulates the relationship between the developer and the investor in the process of building an apartment building and after completion of the construction. Particularly, Article 4 of this normative-legal act provides that such relations should be formalized by a document of the established pattern - the contract of participation in a shared construction contractor TBE (POs), which contains all the main terms of the transaction, concluded between the investor and the zastroyschikom.Tak, paragraph 4 of this section of the current legislation makes it clear exactly which sections should contain every contract that is valid. These include a detailed and clear description of the object, that is, the apartment that the investor should receive at the end of construction, the period of its construction and transfer to the investor, the price of the apartment and some other information. In this case, if at least one of the listed conditions in the contract is absent, such a document from the point of view of the legislation will be considered invalid. In this case, if the developer violates his obligations under the contract, for example, delaying the delivery of the object, the investor may recover from it a penalty that will amount to 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of such delay. For example, at an apartment price of 2 million rubles and the current value of the refinancing rate equal to 8.25%, a penalty for the day of delay in the delivery of an apartment will be 452 rubles.

Contract registration

In fact, the share agreement inconstruction is a document designed primarily to ensure compliance with the legitimate rights and interests of the investor, as he is in a vulnerable situation in this situation: investing his own money or attracting a mortgage to implement the builder's intentions, he remains without money and without an apartment for the construction period, and therefore is located in the risk zone until the moment of putting the housing into operation. Therefore, the current legislation, in addition to the very fact of concluding such a treaty, provides for an additional itelnye tools to protect investor interests. Among them, in particular, is the state registration of contracts of equity participation in the justice bodies, stipulated by paragraph 3 of Article 4 of Law No. 214-FZ. Moreover, in accordance with the instructions of this paragraph, the contract is considered concluded not from the moment of its signing by the parties, that is, the developer and the investor, namely from the moment of state registration.

Tip 4: How to buy an apartment in a contract DDU

The share participation agreement is concluded between the developer and the equity investor participating in the shared construction. Buy flat by agreement DDU It is possible at any stage of construction, both from the builder, and from the equity investor agreement Assignments.

You will need

- documents of the builder;
- Contract of the DU;
- passport;
- a receipt for payment for registration;
- application to the FUGRTS.

Instructions

Sale of apartments in shared constructionBegins before laying the foundation of an apartment building. In this period, the price for 1 square meter of future housing is the lowest. In shared construction, adult citizens can participate, who have the opportunity to systematically contribute. The periodicity of the entry will be indicated in the contract itself.

If you are planning to participate in a sharedConstruction, read all the constituent documents of the company that builds. The builder must have a charter of the organization, an extract from the Unified State Register of Legal Entities issued no more than 30 days ago, a license to conduct construction with the specified types of permitted activities.

Before signing the contract also check the building permit and project documentation.

Directly the share agreementconclude with the involvement of an experienced lawyer in the field of real estate. If the developer company offers standard contracts, do not sign it immediately. Get a photocopy and contact the law firm to check all the contract items, including those written in fine print, by an independent specialist.

Sign the contract only in the presence of a notary. After his (its) conclusion address in ФУГРЦ, show the passport, DDU and a photocopy. Your participation in the DS will be registered and will enter information into a single register.

Throughout the period of construction you willto make contributions. If by the time construction is completed you can not pay the entire amount, you will be awarded a contract of installment payment. Your property right will be registered in the Federal Investment Bank with a note on the restriction to the full repayment of payments.

You can sell your right to share participation at any stage of construction. To do this, conclude a notarial contract by assigning your rights to the buyer.

Tip 5: What documents to check when buying an apartment?

Buying an apartment is a joyful occasion for manyPeople, however it is worth to pay very careful attention to this process, especially to its legal registration. After all, ignorance of certain details can sometimes lead to sad events.

Which documents need to be checked when buying an apartment

Instructions

The apartment can be bought as on the secondary market, i.e. From the owners of this housing, and in the new house through the building company. In these cases, the documents that need to be requested from the buyer will differ. Most often, all transactions are carried out through a real estate agency, you conclude an agreement with them, and they search for the option that suits you, completely conduct the transaction and receive a fee for this - either a fixed amount or a percentage of the value of the object. In this case, they solve all issues with documents, and also check the apartment for the "cleanliness" of the transaction. Despite the fact that they have their own lawyers, if there is such an opportunity, it is worthwhile to check everything by themselves. some moments agents are missing out of ignorance, or specifically hiding some facts.

When buying an apartment in a mortgage with encumbrance,E. When the bank issues funds to you on the security of the acquired object, all the inspections are carried out by the bank's lawyers. They are also interested in this matter, because in the case of some nuances can lose their money.

If you buy an apartment without intermediaries, thenAll responsibility lies with you. If possible, hire lawyers who will check everything. people who have never been involved in documentation can not take everything into account.

Despite the fact that this process is betterto be engaged in professionals, for itself it is necessary to know, what documents it is necessary to demand from the seller. If the house is purchased in a new building under construction, which has not yet been delivered, then you conclude a preliminary contract with the construction company. Each developer works according to his scheme - some under an equity agreement, which is more welcome from a legal point of view; Others on bills of exchange, etc. Before entering into this agreement, it is worth checking such documents as a building permit; an agreement on the ownership or long-term lease of land on which the house is built; Documents on attraction of financial resources; Preliminary construction plan. It is also worth to look at the constituent documents of the developer, check it through the tax authorities and read about it reviews - there are companies that have a bad reputation, because Can not finish the construction - they collect money from buyers, start construction, and then finance ends, and the house can stand for a long time. Take into account this point in the contract, so that the deadline is fixed, as well as penalties in case of delay.

After signing the preliminary contract, youPay the developer a down payment, in some cases, the whole amount and wait for the house to be completed and accepted by the state commission. After that, you yourself accept your apartment and sign the act of acceptance of the transfer, if you are satisfied, and if there are shortcomings it is necessary to specify that they are to be corrected by the construction company. Further it is necessary to receive documents about the property in the registration chamber. This can be done independently, and in some cases it is the developer himself who is doing it for a fee. A certificate of ownership is the main confirmation that this apartment belongs to you.

If you buy housing in the secondary market, thenIt is necessary to pay attention to documents on property, and on the basis of what they are issued: the contract of sale, gift agreement, contract of heritage, etc. It is worth asking for an extract from the house book about all the previous tenants of this apartment - we need to see that at the time of the operation no one was registered there. Bear in mind that underage children; Persons who are in prison, who were discharged before selling, can then claim the apartment. If the property is less than three years old, then the previous owners can in some cases cancel the transaction. Also, these documents need technical documentation - if there was a redevelopment, this should be agreed with the BTI. Sale is carried out on the basis of a contract of sale, which indicates the cost of the object. After that, you register your ownership of the housing.

Tip 6: How to conclude a deal on a contract

Treaty agreement is different. You can make a deal to buy an apartment in several ways. And in each case there are their dangers, which must be managed to bypass.

Instructions

When buying an apartment in a newly-erected buildingOnly an agreement of equity participation, which is registered in state bodies, is considered. Refuse to enter into any preliminary sales contracts, including equity participation. Check that the developer or investor has all the permits. In particular, there should be a local government decision, a certificate of registration of the right to a land plot, a building permit. Having these documents will protect you from gray fraudulent schemes. Check the correctness of the contract. It should contain all the essential conditions: the legal status and conditions, about what and who agrees, the full price, terms and method of execution, as well as the rights and obligations of each party. An improperly executed contract has no legal force. Compare prices with other similar offers. Too low prices indicate an unscrupulous offer. Also, do not give in to trying to take extra money from you. For example, for notarial registration. The contract of equity participation under federal law No. 214 requires only state registration, and not a notary's assurance.

When buying an apartment in the secondary marketA contract of sale of real estate is drawn up. Before his conclusion, check with the help of a lawyer the object on the purity of the transaction. In particular, the spouses should have a common opinion on the sale of real estate, even if its owner is only one of them. Sometimes it is important to clarify the seller's legal capacity. An important role in the cancellation of the transaction can be played by young children registered in this living space or persons serving a sentence. There are other important points. For example, how and when the current owner acquired his rights, how legitimate was the inheritance. Ask for reasons for selling an apartment. If they seem dubious to you, do not go to a deal. A typical contract of sale in the law is not provided. Check the main provisions of the document. Specify the correct value of the transaction, this will reduce your losses in case of trouble. The contract should clearly indicate the terms and conditions for the transaction, the procedure for payment and transfer of housing. Involve the contract only after careful study and clarification of all the points. After signing, register the contract at the Registration Chamber, and receive the relevant document as a new owner.

There are cases when it comes to buying notA separate apartment, and shares in it. The contract of sale in this case also looks like. But potentially such deals are more controversial and dangerous. № 250 of the Civil Code of the Russian Federation, other owners of this premises have the pre-emptive right to purchase. In practice, this often leads to hindering the commission of any transactions with this property. Do not conclude a fictitious gift contract in this case. Such actions are successfully challenged in the courts.