New on the bill - a very risky transaction

For the past five years, widespread in the market of new promissory notes find housing sales scheme. Many people, even the largest real estate developers have resorted to the implementation of apartments on these schemes. What is the scheme promissory notes? The purchaser of an apartment with the developer enters into a preliminary agreement of purchase and sale of the apartment, according to which the parties commit themselves to this agreement in the near future to conclude the basic contract of sale of residential premises, in accordance with that provided for payment, either by cash or bank transfer or through mutual on securities, including promissory note. Thus concluded a preliminary contract is gratuitous transaction in this example. Along with the preliminary agreement between the developer (or totally outside the company, which is issued by the developer for their organization, even though legally it can not be any at all) and real estate investors is a contract of sale bill. This bill is paid by the buyer apartment. The price corresponds to the value of the apartment bills under the underlying contract of sale, conditions of which are registered in the preliminary contract. Recall that the bill - this is a security for which the person issuing the bill (veksedatel) agrees to pay a certain period of time designated in the bill, a certain amount of money the owner of the bill (bill holder). Legally, all transactions with the promissory notes are governed by the Civil Code, other laws and regulations, including the provisions of the Bank of Russia. Is the danger? Different developers own practice transfer and storage bills, one of the construction company sends a bill to deposit holders, someone leaves directly from himself. Thus, if a detailed approach to the concluded agreements, the conclusion is in accordance with which the individual - the holders, the developer acquires a security - the bill, and additionally between the builder and the purchaser of an apartment relations arise from the preliminary agreement on possible further conclude the main contract and sale of the property. If we proceed from the factual circumstances and the intentions of those who persecuted by entering into relationships with each other, then there is a relationship builder to sell apartments in a newly built house, and the purchase of apartments by individuals - real estate investors. If the fit to the data on the legal, according to the exact letter of the law, then there is the conclusion of the preliminary grant agreement, as well as a separate contract for the purchase of securities, and in many cases still have outside the company, not the one that enters into a preliminary agreement. Thus, from a legal point of view, regarded the deal - it's two different transactions are not related to each other. Unclear legal relations in the scheme bill could lead to evasion of the obligations on the part of unscrupulous real estate developer. That is, holder of a bill, after the house is built, can get an apartment instead of just money, depreciated by inflation, as under current law the subject of bills of exchange relations is only money. To prove his innocence in court interest holders will be very difficult: a lack of knowledge as interest holders that all construction companies are required to work at the Federal Law № 214-FZ, is not grounds for condemning the builder, and a deal on a preliminary contract with the unscrupulous companies may not be recognized. The jurisprudence is worth noting that many courts if the presence of disputes between real estate investors and developers have already started to turn out the practice of recognition of property rights on this prepaid contracts, applying to their relations of Article 170 of the Civil Code, in respect of unpaid pre-paid contracts with promissory note case The situation is more complicated. Namely, a similar application of Article 170 of the Civil Code, which in these respects has a direct effect and direct relevance, the judges considered with the greatest caution. These cases reveal the imperfection of the legal laws in the construction industry, where the adoption of laws aimed at protecting the interests of shareholders, without taking into account the interests of all stakeholders, including developers, in reality turn out the difficulties, both for buyers of apartments as well as for developers. According to the lawyer Oleg Sukhov, when buying an apartment, especially during the construction phase, it is better to apply to large companies, not seen in the fraud, if it is necessary to check the documentation for construction projects and work only with those companies that have gone over the form of work on the federal law № 214-FZ.