RBC: lawyers advise concluding a preschool education institution when buying a home under construction in a new building. The experts shared their opinion with RBC.
Lawyers advise when buying a home at the construction stage to conclude an equity participation agreement (DAC). At the conclusion of the DDU, the buyer's rights are protected by the Federal Law on Equity Participation (214-FZ). This law does not apply to the preliminary sales contract. Managing partner of the law firm Howard Russia Yevgeny Nakhaev said that such an agreement could be challenged in court if it is possible to prove that the buyer wanted to conclude an equity participation agreement, but this is a lengthy process.
You should pay close attention to the clauses of the agreement. Sometimes the DDU includes the right of the developer to change the conditions unilaterally, because of which the buyer may be at a disadvantage. Another alarming clause of the agreement is an additional payment for square meters, if the real area of the apartment turned out to be larger than the project (already paid). If, nevertheless, there is such a condition in the contract, then when accepting an apartment it is necessary to carry out measurements independently or to invite an independent specialist, advises Anastasia Shevereva, a leading lawyer at the law firm Yurlov and Partners.
Another trap is the signing of an additional agreement, according to which the buyer will not be able to claim a forfeit if the developer does not hand over the apartment to him on time. Another trick is the impossibility of assignment of rights prescribed in the contract without the consent of the developer. A shareholder will not be able to sell an apartment in an unfinished building without the consent of the developer and agreeing on the price with him. Also, developers sometimes include in the contract a clause on the consideration of the case in the event of a dispute only in a specific court. However, such a condition, according to lawyer Anastasia Polikyrzhi, may be invalidated.
Lawyers advise when making a decision not to take into account the developer's promises, which are not spelled out in the contract. In advertising brochures or in words, the buyer is guaranteed various benefits: from the pool to the kindergarten next to the house. However, such conditions are optional, since they are absent in the contract.
In November, experts named the main mistakes when buying a secondary property. Among other things, they noted that Russians do not check their documents thoroughly enough and forget to get to know their neighbors. Also, buyers often do not know the real prices for housing, as they are poorly guided in the market situation, which is why they risk overpaying for an apartment.