through the streets of the cities, you can find free-standing buildings and entire neighborhoods.They can be enjoyed as they compare favorably with the old buildings, but most of all I want to become the owner of such property.After all, they are distinguished by the new infrastructure, the possibility of re-planning of their own taste, the neighborhood with their own kind, and more.All newlyweds dream about such "nest."So, the money collected from the wedding, plus the help of parents or taking a bank loan, they begin to look for the best options.Of course, you can become an equity participant in the construction of which is only beginning to be erected.But if you wait unbearable, if you want faster if found their dream home - close to the subway, work, parents, and all the apartments are sold out?Then there are investors or those people who want to sell the apartment because of the changed family circumstances, which can not "pull" such payments.
wishes to sell and buy will inevitably face such legal concept as the assignment of rights.It would seem that if there is a seller and the buyer, you only need to issue a sales contract.But there is a nuance, is not always clear - it is a commodity?Yes, the apartment seems to be there, you can touch the wall, see the view from the window, but what is its address?Item it will be only after the registration of the transfer certificate.What then buy?A right to buy an apartment, the seller gives only the rights to it.
This is a fairly common, albeit having undercurrents way to acquire housing.What are the specific characteristics of this type of transaction?
First of all, who wants to sell an apartment is a creditor.He enters into a contract of equity participation or co-investment with the organization-builder, which stipulates that it makes money, and it after some time to build an apartment.On the basis of this contract, he is entitled to claim the apartment after a specified time.But when he decides to sell it before the deadlines, it turns out - he sells (gives) the requirements for this apartment.This is called an assignment of the claim.
Secondly, if conceding the rights made all the agreed amount to the developer - is one thing.But most of this is due to the inability to pay accumulated debts.Therefore, all amounts outstanding under such debt and trade, as the assignment of rights, transfer to get the right requirements.In order to avoid surprises is necessary to get all the information about the builder mutual.
connected with the assignment of the risk?Yes, as well as other types of transactions.Those wishing to buy property interests, they do not lose their hard-earned, but not yet in addition to waste time and nerves.It is necessary to study the basic agreement on joint participation between the developer and the person who assigned rights, pay attention to the deadlines of the object, the order of calculation.It is important that the contract is registered in the SDF, if so, a lot easier, and you can not be afraid of mistakes on the part of the construction company on the sale of the same apartment several times.
The duties assigned rights include written notice to the builder that happen negotiating rights.Remember that before the signing of the contract in your hands should be all the documents.If you are satisfied with familiarity, it can be made out assignment of claims, which is required to stipulate how much it will cost, how it will be paid.This agreement is also subject to registration.
Of course, it is best to entrust the management of the contract an experienced lawyer, who designed such transactions more than once, that too many times to reduce the risk.If you do decide to do everything yourself, then beware, check carefully to get a grasp, compare, and maybe this information will be useful to you.
