YOU told us how to buy real estate nepostroennuyu

The Supreme Arbitration Court clarifies its courts how to apply the law of contract of sale of future properties. The answer to the controversial issues makes the decision of the Plenum of the RF "On some issues related to the use of arbitration courts of law of contract of sale for future real estate." After analyzing the practice of "controversial" provisions for future sale of the property, title to which is not recorded, and the identification of the future of the property for the purposes of registration of ownership of the buyer, the courts, in particular, it is recommended to consider the following for such transactions. Section 7 of Chapter 30 of the Civil Code does not contain provisions prohibiting the conclusion of sales contracts in respect of immovable property ownership to the seller on the date the contract is not registered in the Unified State Register of Rights (EGRP). This means that courts should presume that the absence of the seller at the time the contract for the sale of real estate property rights for the contract itself is not grounds for declaring the transaction invalid. It is noted that at the very moment of the application for state registration of transfer of ownership of real property to the buyer to the seller with documentation on the object must have been all right. Currently, the courts recognize arbitration agreements for future real estate sales not concluded as of the date of signing the contract the seller ownership is not registered in the Unified State Register. With regard to the identification of future property, in the opinion of senior judges, individualization can be achieved by specifying the other data to definitely establish a real property to be transferred to the buyer under the contract. Stated that at the conclusion of contracts of sale for future customization facilities subject of the contract shall be deemed adequate if the contract allows us to establish, for example, the total floor area to be transferred to the buyer and the price per square meter of floor space. "After reading the draft resolution might give the impression that it actually legalizes for developers new possibilities of areas in apartment buildings - in circumvention of the law on joint construction of N 214-FZ - Simon says Epstein, managing partner at the law office" Padva and Epstein. " - While the law itself N 214-FZ rigidly describes how shared construction and does not imply the possibility of sale flats yet non-existent, and the draft also specifies that its provisions do not apply to transactions governed by the law on joint construction. " In the proposed scheme is, the expert explained, the point is that the developer, although it may not sell the future citizens of flat-holders, is not limited by this ban sale of apartments to be built entities. According to SAC, "if the parties entered into a contract of sale of the future dwelling, then such a contract is not subject to state registration shall be deemed concluded upon signature by the parties." "Organizations, buyers, legally bought the phantom parameters, in turn, can realize their citizens, not being property developers. Technically, this option seems to be quite enforceable ", - said Simon Epstein. "However, market participants want to warn that their joy may be premature, - said Simon Epstein. - In our view, this situation will be very high risk of disputes with prosecutors and Rospotrebnadzor on the application of such relationships to the law N 214-FZ (especially if the legal entity instead of cash will pay for the room bills). And if state officials will begin to win such disputes in arbitration, then the position of buyers and sellers can be very complicated. For the latter - as far as criminal responsibility. "