Professional standards ARSP. Part one

There are professional standards of the St. Petersburg Realtors, a special section that reflects the unique specificity of the housing stock of the Northern capital. We are in it is a settlement - for operations worldwide practice uncharacteristic, but for our city is very topical. Continuing to acquaint readers with the rules of Realtors, today we pay special attention to "local color." Section 3.5 is devoted to professional standards ARSP mainly deals with the "hallmark" of St. Petersburg real estate market - communal apartments, which still accounts for more than a hundred thousand. History and present since the beginning of the 90 settlements have been one of the most interesting and promising types of transactions. Professionals work well remunerated. Indeed, some took on what the market could not offer ready-made, - the basis for a multi-room luxury apartment in the beautiful regions of the historic St. Petersburg. And others, languishing in the communal garden - significantly improved their living conditions. But not always, such deals ended idyll. The need to protect clients' interests, to save his colleagues from the action, Exciting to a standstill, as well as to establish common rules as a basis for cooperation and prompted the creation of standards. Today, the market situation is not particularly favorable for settling transactions. First of all, from a commercial point of view. If you meet the needs of the inhabitants of the communal "in full" (even though within reason), and then bring it to the divine form, apartments in the old fund are almost golden. Meanwhile, nothing prevents the buyer to purchase earlier settlement and already renovated apartment - offer in this market sector has increased markedly. Fans can pick up the historic center and Two-bedroom version of the "brand-new" in their homes after reconstruction. In such difficult conditions is especially important for professionals to comply with proven rules of the game, not trying to reinvent the wheel and skillfully avoiding the treacherous rake. Anatomy of the "Russell" What offers in this regard "folk wisdom" of generations of Realtors, as embodied in the standards? Regulated by Section 3.5.1 details of alternative accommodation is uniquely protects the interests of sellers of real estate from the selection pressure. Indeed, vagueness of the phrase "any single studio apartment in the center with all modern conveniences," allows us to offer as a last ragged "lodge" with a living area of ​​11 square meters. m and a kitchen-hallway. And at the same time refer to full compliance with the terms of the contract. On the one hand. On the other - such specificity and protects the good faith of Realtors growing dramatically in the course of the transaction appetite "public utilities". Inclined to wrap any inaccuracy in the contract in its favor, "without going beyond it." Regarding § 3.5.2, the general requirements for the contract at settlement are the same as to any other. Resettlement involves the assignment of rights to collective communal apartment in exchange for a number of alternative spaces. The absence of consent of one of the owners or residents, confirmed the signing of their total contract jeopardized the whole deal. In this case the contractor, entered into a contract defective, blame for the collapse of the deal and losses buyer. Well "disciplined" document signed by all owners and contains an item on which the transaction is guilty of disrupting the person is required to indemnify the other parties (neighbors, the buyer firm). In well-drafted contract is a positive prospect of the court in case of failure some of the residents. Why is it in § 3.5.2 is a general agreement on the settlement and individual agreements - on the selection of alternative accommodation? In fact, today, this approach is not entirely relevant, but procedurally convenient. Contract with each owner individually warrants - more specific. It is easier to determine the obligations of the parties with respect to each other, not pripletaya here "the interests of third parties." Transparent arithmetic So it's not that realtors like "dark", hoping to earn more money, and hide from the tenants terms of settlement neighbors. Previously, squabbling about the budget deal, if he suddenly became famous, often led to its demise. Now, given the shortage of buyers communal, residents must work together to advance to dot the i. Realtors are increasingly working with an open budget. Assessing the apartment in the contract, they offer to citizens to share the total amount allocated for acquisition alternatives, the number of square feet of living space. Determine the value of a "dwelling" and then meter the cost of each room. This makes sense - after all, in the process of privatization of the family gets a share of the apartment (and, therefore, entitled to a share of the overall budget settlement) is proportional to the square they occupy residential, regardless of the number of people living "on a warrant." The conclusion of another agreement with the tenants - in fact choosing alternative housing - additional insurance for a procedural justice perspective. And sometimes it is appropriate to go beyond the contract between the firm and the "communal" and to conclude a preliminary agreement between the seller notarial share in the apartment accommodated and the buyer - with the obligation to sell its stake in exchange for other housing options and agreed to compensate the costs in case of cancellation of the contract. This measure insures both parties - to carry out such an agreement can be compelled by the court. Compliance with the conditions specified in paragraph 3.5.3 - the classic of the genre and, rather, a means of preventing unfair competition, rather than advice on how to work. Claw stuck - all trade gap ... Rarely able to hold all the alternatives before the general collateral notary. Once again, a vital topic of alternative design space for the buyer, followed by their simultaneous menoy all share a large apartment. This mechanism is described in detail, paragraph 3.5.4. The main warning - to resist the gradual redemption of shares in a communal! Buyers tend to be impatient. They think that by becoming the owner of the apartment, they will be able to quickly begin repairs there, thus making the remaining tenants more pliable. But it reach the opposite effect! Residents can see that the buyer "got involved" in the apartment, and begin to dictate new terms - where he go? As a result of freeze in opposition to the end of the contract with the realtor. The transaction is terminated, the goal is not reached, the service is not provided - and there is no compensation for lost time and spent force. So, gradually placing an interest in the apartment accommodated the customer's name, realtors are digging a hole for the hopes of successful completion of the transaction and the fees owed to them. As we see, once the rules have not lost their relevance. On the contrary, now even more important is the preliminary budget planning, good design of contractual relations and compliance recommended course of action. Then the success of resettlement is provided - provided that the tenants soberly assess the realities of the market and responsibly comply with the terms of the contract. Professional standards ARSP 3.5. The specifics of transactions with settlement. 3.5.1. The contract for settlement must include the required characteristics of alternative housing: the type of object parts, footage, etc. Based on these requirements is made a preliminary estimate of settlement. 3.5.2. Under the agreement on settlement means the combination of contracts with the owners (employers) accommodated apartment comprising: - a general agreement on the settlement of all owners (employers) accommodated apartments, as well as persons registered in the apartment - a separate agreement (agreement protocol, the Agreement) with each owner (employer), which reflects the requirements for alternative housing - a separate contract with each owner (employer), concluded after finding alternative accommodation, the choice of this particular option and purchase it with the condition of alienation accommodated in an appropriate share of the apartment. 3.5.3. To start settling, ie, to start financing the transaction by the purchaser only if signed and valid contract for the resettlement of all owners (employers) and accommodated all of apartments registered in the apartment tenants. 3.5.4. The contract with the buyer shall be specified the conditions for its termination in the event of failure of any party, including - the conditions of return of funds to purchase alternative accommodation. In the settlement there are specific risks associated with non-simultaneous selection of alternative accommodation for the "rasselentsev." In accordance with the established practice of trade, a common pattern of settlement scheme is phased settlement payment by the buyer of the object (or rather, alternative housing), with a temporary registration to the purchaser, and further, since the preparation of resettlement, the simultaneous updating of all facilities. Schemes should be avoided with the phased registration of shares to the buyer as the location counter options. In the absence of written consent of the buyer on a design with a detailed explanation of the risks involved, the responsibility for failure of the deal lies with the agency.