If you have entered into an agreement with a contractor on the purchase of housing in a building under construction, then be sure to pay attention to the compliance of the sale and purchase agreement with Federal Law No. 214 “On participation in the shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation” (hereinafter – ФЗ №214).
If this condition is met, then in case of delay in the delivery of the house, and regardless of the reasons, such as the global crisis, binge of builders or administrative obstacles, you have the right to compensation in the form of a forfeit. Of course, the construction company may not warn its clients that the deadlines for the completion of the house are moving, but in this case the company only harms itself. After all, if you do not conclude additional agreements on the postponement of the delivery of housing, then the owners of future apartments have the right to demand not only a forfeit, but also reimbursement of other expenses, such as the cost of renting a home, and can also simply terminate the contract.
But all this is possible only if your contract with the construction company was correctly drawn up in full accordance with Federal Law No. 214, since some contractors seek to conclude contracts according to a different legal scheme, bypassing the existing law.
What does a properly executed contract give us? The most important thing is that the owner of the future home has the right to demand a penalty for late payment in the amount of 29% per annum of the contract value. With this requirement, you must contact the company, if you are refused, then you have every right to collect a forfeit in court.
If the company has committed material violations, then you have the right to terminate the contract and return all the money due to you under the contract. But in this case, it should be noted that the cost of one square meter of housing in an unfinished house is usually lower than the cost of a similar square meter, but already in a residential building. Consider this so that you have enough funds to buy a home.
Usually, the reasons for the delay in the delivery of housing are the same factors. These are administrative obstacles in the form of careless officials who slow down the execution of documents or otherwise prevent the delivery of the house, or the technical condition of the house itself, in other words, its unfinished business. In the case of officials, you need to put in some effort to identify at which stage the delay occurred. That is, who and why does not want to draw up documents.
In theory, this should be explained to you in the management of the developer company, but just in case you should check it personally. After identifying the person in charge, feel free to file a statement about the actions (inaction) of this person to the prosecutor’s office, or directly to the court.
If the reason is the technical unpreparedness of the house for direct delivery, then you need to send a claim to the developer company, as well as apply to the prosecutor’s office with a statement to check the company’s activities and a statement of claim for the collection of a penalty and other expenses, if you have any..
We will not hide the fact that the consequences of the global financial crisis, to some extent, benefited the clients of real estate development companies, since in search of
potential buyers of the company will be forced to make concessions in the form of taking into account the opinions of customers, which must be reflected in the contract. Be careful in this case, since there are actually no model contracts for the sale of apartments, each contract is individual and can be changed in accordance with the requirements of the parties. This moment is very important, since companies, in order to save profits, will go to all possible tricks..
But if your apartment is purchased under a bill of exchange sale and purchase agreement, then we have to upset you, in this case you have an extremely small chance that you will be able to collect anything from the company. Since a bill of exchange is just a promissory note that does not have a specific material base, but is secured with all the property of the company. The essence of the bill is that the company must return you a certain amount equivalent to the cost of the apartment, or the apartment itself, but with this scheme, you do not formally participate in the construction process, in contrast to equity shareholders. The maximum that you can, it will go to court, after the expiration of the bill, to recover from the company the agreed amount specified in the bill.
But in this case, the court will consider your case as a relationship of persons, of which one has borrowed an amount of money and is now demanding a repayment of the debt, and the other person does not want to give this amount and delays the calculation. Consider this when concluding a contract.
A similar scheme awaits you if you purchase housing under a preliminary agreement, which, in fact, practically does not oblige the company to anything
Be vigilant and attentive when making such important transactions. Consult a professional lawyer, or better bring him
a preliminary contract for analysis, since without proper preparation, important details that are unfair can escape from you
the developer company can use to their advantage.