“A contract for participation in joint construction must be concluded in writing and submitted to state registration with Rosreestr – this is an axiom. The contract must clearly specify all the features of the house and apartment, including the exact area of the apartment premises After all, if this moment is not specified in the contract, the developer can try to impose an apartment of a slightly larger area with an additional payment from the participant in the joint construction.
Also, the date of transfer of the apartment to the buyer must be precisely specified in the contract. To avoid delaying the transfer of the apartment, never agree to sign a contract without a specific period for the transfer of the apartment, “the lawyer Victoria Shabanova told Rossiyskaya Gazeta. She also emphasizes that the guarantee period for the apartment must be indicated in the agreement. They must be at least three years. If a developer company tries to refuse a guarantee, then this is an occasion to think about the quality of both the construction work and the company itself.
A separate topic is possible ways to ensure compliance by the developer with the obligations under this agreement. They should also be specified: in what situations the buyer will be able to withdraw his money and receive penalties for non-compliance with the deadlines for putting the object into operation or transferring the premises to the buyer.
It is necessary to pay attention to the exact list of social infrastructure facilities in the contract, so that later it is not a surprise to find a school or kindergarten 10 kilometers from the residential complex. In any case, the choice is up to the buyer: to buy or not to buy an apartment with a remote infrastructure, but an indication of its objects in the contract will later make it possible to file claims against the developer.
Finally, it is worth noting those cases when the developer sells apartments at a good price and issues a loan agreement to buyers for a year or another period. Then, after putting the house into operation, the apartment is sold at market value, that is, at a much higher price, to another buyer, and those who contributed money during the construction phase must pay back their amount. “Such a scheme is very common in the regions. Therefore, a loan agreement, if the developers propose to conclude it, can not be agreed in any case. There is no benefit for buyers here. This is only necessary for developers there is always a lack of money to finish the construction of the house”, explains the lawyer.
