Interesting person - who is this? How not to become a deceived interest-holder

The wave of bankruptcies of construction companies hit hard on co-investors who dreamed of their own new housing. Each shareholder is the most affected party, which not only lost its money, but also for a long time parted with its desire to enter a new apartment. How not to fall into the trap of false promises of developers? Let's try to formulate the main rules of work with representatives of construction companies.

Who are interest holders?

First of all, let's look at the terminology. Builders are building organizations and their representatives offering to buy an apartment in an unfinished residential building. Typically, the apartments at this stage are relatively inexpensive, but you can not enter such a dwelling. Developers have the right to offer apartments for sale at any stage of construction.

A stakeholder is a person entitled to a portion (share) of a house under construction, usually limited to living space, which he intends to move into after commissioning the building. Both sides - both the developer and the equity investor - are interested in erecting a residential building. Then the latter will be able to move into an apartment, and the developer will receive money.

The main document of the interest-bearing partner

The first step is to make sure that the construction company works under the 214-FZ. It is this federal law that forms the relations of the "interest-builder" and explains the correct procedure for the interaction of those who seek to buy an apartment and those who must build it.

The contract of participation in shared construction (DDU) is a document that both the developer and the shareholder must sign. This rule is enshrined in the law and must be enforced. It is the DDU that allows the future buyer of an apartment to count on a refund in the event of a bankruptcy of a construction organization. The interest-bearer should clearly remember that only the DDU is the guarantor and is accepted in court. Why are developers not in a hurry to draw up a DDU, but offer very different documents for signing?

Preliminary contract: deception for a real estate marketer

A simple and reliable way to deceive the future tenant is to offer him for signing not a contract of participation in shared construction, but an "almost the same" document, allegedly guaranteeing respect for all the rights of the future tenant. This document can be called in different ways. The most common name is the "preliminary contract". The essence of such a document is as follows.

The preliminary contract is proposed to be concluded for the duration of the construction, promising a full partnership in return. It is understood that the contract of sale and purchase will be concluded with the interest-holder only after the construction of a new house is completed and this residential object will be put into operation.

But, as a rule, lawyers do not find in the preliminary agreements a hint of co-investor protection. These documents are not registered anywhere and can be broken unilaterally. The preliminary agreement does not envisage any monetary transactions at all - all mutual settlements are regulated by the share agreement. As a result, the deceived shareholder does not receive the most important thing - the guarantees that exist in the law on shared construction. The person who invested money:

• Is not insured against double sales of the same living space;
• Has no chance to make claims on the quality and timing of construction;
• Does not have legal methods of pressure on the developer.

Moreover, lawyers warn: preliminary contracts can be recognized as a feigned deal.

Bill of Exchange

With a bill of exchange scheme, the investor-client must conclude two contracts - preliminary and purchase-sale of the bill. At first glance, it is the bill that serves as a guarantor of reliable relations, and this settlement document will be used for mutual settlement of the main contract. But the bill will also not be accepted by the court as a guarantee obligation: the developer has the full right to refuse the shareholder LCD in signing the main contract, return the money on the bill, and sell the apartment to another person.

What should I look for when preparing documents?

Before you buy an apartment in a new building, you need to make sure that the developer has received a building permit and has a valid civil liability insurance policy. Such a policy may be a bank guarantee or a full-fledged contract with the insurer.

If the developer proposes to conclude DDU, you should make sure that in the media or on the Internet there is a detailed project documentation for future development. The developer is obliged to disclose the plans for the construction 14 days prior to the signing of the first agreement of the DDU. The legality of construction can only be checked by a lawyer. Therefore, it would be superfluous to request a contract form, statutory, permissive documents, design documentation and check these papers with a qualified lawyer.

The next step in analyzing the reliability of the developer is the study of public opinion. It is best to understand the assessment of the activity of the construction company on the opinions of the equity holders posted on the network. The developer must have a reliable reputation, relevant experience in conducting construction work and already commissioned new buildings, the quality of the construction of which can form an opinion.

Learn the history of the construction of a new house from the moment of issuing the permit to the present. Perhaps the economic crisis forced the construction company to suspend the erection of the new building. A living space, which is put up for sale, already belongs to some interest-holders who simply try to save their money.

Visiting the site

You should definitely visit the construction site on which the new building is being built. Near the construction site on the fence there is information about the builder, the customer, the approximate terms of putting the object into residential use. It is necessary to verify the data of the information board with the information provided in the DDU. The slightest discrepancy can serve as the basis for termination of the agreement by the interest-holder - this is a direct appeal to the court for the return of money and compensation. All doubtful moments talk to your lawyer or address to the hotline of local authorities.

We hope that these simple tips will help you in time and without delay get long-awaited housing. Good luck!