Professional standards ARSP. Part two

Standard of the alternative objective of most transactions in housing on the secondary market is actually exchanged, the mandatory purchase of the counter option. In the professional standards of real estate activity reflects the specificity of such operations. Continuing the analysis profstandartov Association of Realtors, St. Petersburg, let us see "3.4. The main purpose "with which to develop these regulations - to prevent situations that prevent the timely acquisition of new homes sold in return, and within the originally agreed budget. Most transactions exchange today migrated from the "sphere of influence" on the real estate market Gorzhilobmena. The reason is obvious: to put their homes up for sale and find the right set of proposals is much easier than looking for a mutual exchange option. The degree of freedom of choice increases by orders of magnitude. But ... Planning Regulations of freedom through the sale of exchange with the counter purchase, it is easy to fall prey to unscrupulous or simply inexperienced operators of real estate market, neglecting the recommendations of the "pros". Even before reaching the goal, the client is at risk of losing a lot of nerve cells and to incur considerable additional costs. And what if he does will be with the money in the street, selling their property and buying a new one? This turn of events is not excluded, unless the contract between the client and the agency has an obligation to find a buyer for the company and organize the sale of housing, and alternative selection and your purchase had been promised in words only. And if the client tries to force the firm to complete the transaction in court, reviewing documents show: the agency has complied with all assumed obligations under the contract. About the same counter option in the contract there is nothing. And on the court and no no! To prevent such situations and is registered paragraph 3.4.2 ARSP standards: the need to consider the purchase of a counter part of the transaction and reflect this in the text of the treaty. Is the day this section of the standards in the form in which he appeared in a period of "wild market"? Forgive us dear members of the Association, but his condition is poor. Issues deals with counter-purchases should be paid much more attention. The relevance of these standards continues to grow - in terms of commercial and institutional components and transactions. Thus, in agreement with the company it would be advisable to lay the necessary condition of simultaneous client notary registration of contracts of sale of their property and the counter option. Otherwise, in case of a "break" the notary, is too great a risk of the situation out of control. Of course, if a client sells real estate, which is home with his family, and will not be able to buy selected option in the street, he is unlikely to be. Just do not release the housing and will continue to search for "oncoming". But in the face of rising prices, when just a couple of weeks, the amount received may not be enough to acquire the desired, the deal would be extremely disadvantageous, if not lose its meaning. The Weakest Link Most problems arise when you make transactions in a long chain. Do you want to - or not, and that last, "direct", the seller would have to guarantee payment of the contract amount due to him regardless of the problems of re-registration, exemption and other "intermediate" sellers. Otherwise he simply refuses to deal. What if all the money go through the chain of settlements and to leave no levers needed to comply with the terms obligations (that is simply not something to take penalties)? Rely on the conscientiousness and awareness of citizens? Irresponsibility clients often stems from the imaginary innocence: "What you take with me if I break my condition? Money I do not get the deal ... "But the mechanisms disciplining clients exist. Yes, only that they may be not made public in the standards - even as a recommendation. But apart from a treaty containing a number of conditions can be further decorated (as a notary, and in writing) the various preliminary agreements, statements, receipts, etc. between chain members. But in practice, realtors often "hidden" from each other of their clients, preferring to enter into contracts on their behalf. As a result - customers become much less manageable. If executed within the chain of relations between citizens - its members can count on a number of "additional action". To organize the relationships can be made even pre-notarized contract of sale between the customer, which would indicate all the steps, timing, and their mutual obligations. If the regulated period and re-release property and responsibility for their failure, the procedure for recovery of penalties by the court with guilty of procrastination is greatly simplified. So, is reduced and the desire to break something, with a term "prosecution, and the certainty of punishment." Yes, notarial acts - this extra trouble and expense. But the risks of failure of both timing and the transactions themselves are reduced by orders of magnitude. There is no limit to perfection provisions of this section of standards, of course, "close" gaping holes in the technology business. But this is only the tip of the iceberg. Many conflicts in transactions with the "oncoming" is not so much due to willful violations of standards listed here, but because of the inability to use them in a complex legal situation prevailing in the market today. Maybe someone also believes that deepening, details, etc. - it's technology business, it is everyone has their own, let them reach their inexperienced minds. But not enough to be: identify weak points in the standards and stay on it? In order to improve the practical importance of this section it is desirable to specify its position clearer to follow the market trends. For example, 3.4.4 would not hurt to tighten, getting rid of the liberal "or". It is advisable to prescribe the entire budget deal in the details and seller's revenue (even if it does not get its hands on), and the amount of extra cost - that budgets do not crawl "in the course of the play" and not ruined the deal. In 3.4.3, 3.4.5 to the fore a number of instructive tips on "self-defense." Agencies is recommended to cover the rear, for example, to find the customers to dispose of their vehicles and other activities associated with the systemic risks of such transactions. In practice, unfortunately, sometimes get such consent or by crook. And then - take out the curve. It's time to consider such standards and mechanisms, compliance with which would oblige the company to provide and to minimize negative consequences for the clients - the participants of complex transactions. Yes, and time of receipt of remuneration for the agent and company services to each of several sites would do well to coincide with the closure of the chain. As we see in professional standards and have a real practical results and prospects. But there's the rub: these rules are not mandatory for agencies who are not in professional associations. We continue to strenuously avoid many a "membership" apparently believing that "one head - well, two - better, but three - already ugly." This means that the rescue of drowning customers to "informal" market - the handiwork of drowning. And personal task citizen trust in the living interests of "freedom-loving" firm - track to offer him a contract and conditions of the transaction consistent with civilized rules of business turnover. In order not to be on the streets with a bunch of money and the dim prospects instead of a new apartment. Professional standards ARSP 3.4. The specifics of transactions with counter sales / purchases (deals with "alternative"). 3.4.2. The contracts with the purchaser of the property, the seller acquires real property which should be stated: - the need to purchase an alternative property, - use of proceeds for the acquisition of alternative seller of property and loss of use of these funds to secure the implementation of the seller of his obligations under the registration (discharge) and the release of property . 3.4.3. If the proceeds of the buyer (they made an advance payment, deposit, deposit) is used similarly in a counter-purchase, the agency must obtain the consent of the buyer for such a use of funds. Otherwise, the agency assumes the risks associated with possible disruption of the counter purchase. 3.4.4. The contracts with the seller, who becomes an alternative property, it should be recorded revenue from the sale of his property and (or) the cost of an alternative property, or the size of bonuses, which he must make or receive with their purchase. 3.4.5. It is recommended to first pay the seller (the last seller in the chain, with a premium to sellers in the middle of the chain) so that the amount payable (including amounts, to acquire an alternative property - in the case of sellers who are in the middle of the chain) did not exceed 50% of revenue Vendor after the registration of all links of the chain. In case of deviations from the above scheme is recommended to obtain the written consent of all participants in the chain.