Defrauded real estate investors will be easier to get your money back in case of bankruptcy of the builder. The State Duma is scheduled to consider vacations to the second reading the draft law defining features of the bankruptcy estate developers, attracting money the citizens. True, developers bill bodes no good and, according to market participants, makes the construction business is more risky. However, on the eve of the election appearance socially oriented legislative initiatives - an inevitability. Perhaps the most important thing in the bill - legalizing all sorts of schemes to purchase housing in buildings under construction. The bill provides for preferential settlement of claims of citizens who have made money for the construction of an apartment building on various civil contracts. At the same time citizens, which means attracting the developer will provide an equal level of protection of interests, regardless of their requirements and the type of contract for which funds were involved. That is the law equally protects both those who have signed agreements of participation in the joint construction, and those who invested money in building through any other scheme, for example, through the "overdraft", "bills of exchange" scheme, using the preliminary contract and sale, etc. Experts believe that these changes are very important for participants in the construction. Here are some example results lawyer Oleg Sukhov, a leading lawyer of the "First Capital Law Center": "In accordance with the law of the Moscow region N 84/2010-OZ" Protection of rights of citizens have invested money in the construction of apartment buildings in Moscow region ", real estate investors considered only those buyers new buildings that have signed agreements of participation in share construction and registered them in the registration service. "The bill is being discussed range defrauded real estate investors greatly expanded, and rightly so, as in" gray schemes "works most of the developers," - said he . But, Alexander Sokolov, Senior Attorney Department of Legal Advice Consulting Group "NEO Center" believes that the bill provides additional guarantees only individuals, but it's not fair. "participants in the building, including contractual interest, may be not only citizens but also legal entities, which are not mentioned in the changes - he says. - Establishment of rules concerning the preferential satisfaction of the citizens - participants in the construction violates the principle of equality of participants in civil commerce, established art. 1 of the Civil Code. "In addition, experts are puzzled, and then click the document, according to which the priority of creditors in the bankruptcy case of the builder shall be subject to property involved in this building - namely, the availability of his or his family member of a housing owned or under contract social rent. "Such an approach is contrary to Art. 19 Russian Constitution, which guarantees equal rights for all citizens before the law regardless of their wealth "- reminiscent of Alexander Sokolov. He thinks not too fair to point this document and Svetlana Ilina, director of the Civil Code," BAT "." The bill is intended to protect those people who do not have a housing or substandard housing they have. This category of shareholders have priority to return the money or taking up residence in a house built the front of the other equity holders. But the same point leads to the fact that in the case of limited resources could be affected the interests of other shareholders, "- she warns. The bill provides specific requirements and to the sale of the property developer under construction, in particular, it provides the allocation of funds from such sale among the creditors whose claims are secured, construction participants (shareholders), creditors of the first and second stage. Sukhov said Oleg redistribution of priority of repayment of creditors' claims in favor of shareholders a fair solution, because the developer has a basic and valuable asset - the unfinished house, which is paid interest holders. Accordingly, it should take precedence interest holders entitled to recover damages due to such a house if implemented under bankruptcy. As one of the possibilities of repayment of the participants of construction provides the possibility of transferring the land and an unfinished residential building construction cooperatives, created by citizens, which means attracted the developer to complete construction of the house. A decision on a form of repayment requirements will be taken by meeting participants in the construction. It is also possible to transmit the participants in the construction of residential premises in another apartment building owned by the developer, who has not fulfilled obligations to the participants of shared construction.'s lawyer Oleg Sukhov believes this point shifts the responsibility from the shoulders of unfinished developer and administration on the shoulders of defrauded shareholders. "This practice has a completion, and now, while it is complex in implementation, - he said. - I believe that our state has yet to work out an alternative mechanism to the possibility of damages real estate investors at the expense of the developer and unfair administration of legal relations. This will be both equitable and legal action. Otherwise it turns out that the state provides to the injured party and betrayed his own expense to correct the criminal actions of construction organizations. "As for the features of the sale of property developer who is in the process of bankruptcy, not all respondents" RSF "experts understand the process of returning the money or housing." Unfinished house goes up for auction, he buys another property developer, the money paid under the expert evaluation costs. The money to repay part of the debts, - says Svetlana Ilina. - But, on the other hand, the new owner of the building along with the house becomes the obligation to execute the transfer of residential real estate investors. The bill does not see the closing mechanism of debts to equity holders in full. It is not clear to whom the final debt will fall and who will be liable to the defrauded real estate investors. If all of the obligations falling to a new owner, it is unclear what will it profit purchasing unfinished. Otherwise, automatically would increase the cost of the remaining housing to cover the cost of paying debts to equity holders. "If the mechanism is not worked out, then, according to experts, we can obtain an increase in the cost of housing or mass unfinished. In general, experts agree that the bill protecting shareholders, largely prejudicial to the interests of developers. explains the president of NP SRO "TsentrRegion" Cyril Shalin, if for some reason, financing the construction of houses by citizens will stop, the developer will be difficult to meet its obligations to contractors, not to mention self-interest in the project. "In this situation, the builder likely will have to demand payment for the construction of a wholly owned by citizens of investors. Otherwise, it risks are too great. This initiative could lead to a reduction of the institute building in shares in favor of, for example, an institution like a mortgage in a newly built house, "- he concluded.
No comments:
Post a Comment