Ukrainian construction companies are not required after its completion to convey the flats, if they signed not the main, but only a preliminary agreement. Such an opinion issued by the Supreme court No. 6-cs.
“Unfortunately, this is a common practice: developers have not had time to arrange all papers for the land plot and the apartments in the new project sells. That is not to sign with the prospective newcomer host contract, and the money wants. Here Builder and mollify the person on signing of the preliminary agreement — for example, offering him housing at a discount. If the newcomer is bought to such entreaties, then everything will depend on the decency of each individual company: will want — will give the buyer the apartment in the property, and do not want — do not give. The man is unprotected, and can easily remain without shelter just because of the fact that signed a preliminary agreement”, — explained the situation to the senior partner of the law firm “Kravets and Partners” Rostislav Kravets.
If you really like new, but the issue of investment in the basic agreement still does not work (due to the slow receipt by the Builder of all the document object), we need to insist on editing tentative agreement. Your rights must be written very clearly. “The only option to receive the object of sale the property in this case may be the inclusion of conditions on an unconditional transfer of ownership to the buyer directly in the preliminary contract of sale,” said managing partner of JSC “Suprema Lex” Victor Moroz.
But if all this was not done, one must understand that the apartment at the end of the construction you might not get. However, this does not mean that it is not entitled to a refund of the invested money. The developer is obliged to repay every penny. “The developer is not obliged to transfer the apartment to the investor. However, be required to return any received from the buyer the funds and reimburse the losses associated with the failure to conclude the main contract of sale,” confirmed the lawyer of JSC “law group “dominion” Dmitry Rude.
Losses is losses during the construction period. If at the time of purchase renovation cost, for example, $100 thousand paid by the person to the developer, and after her commissioning she went up to $120 thousand, then the Builder can sue to return $120 thousand Control construction works were performed, but the state decided differently.As for the construction of housing has increased in price and for $100 thousand it is impossible to buy a similar house. “In the calculation of damages will depend on the specific circumstances of the case, for example, from price hikes on the market, from other sentences, which had to be abandoned,” said Gross.
Of course, when the damages have to go through the courts. At the same time when considering such disputes, after the new decision of the Supreme court, should be not difficult as before. A legal opinion of the Supreme court must be fulfilled. “The lower courts in situations similar to those described in the decision No. 6-cs previously carried completely contradictory decisions. This is because firstly, it is difficult to come to an understanding the fact that not towards the preliminary contract obligate him to do. And secondly, because of corruption in the local courts, often possible for moderate gratitude, you can receive the decision on recognition, for example, property rights to disputable object of real estate or the establishment of certain obligations of the parties”, — concluded Andrei Pavlishin lawyer LLC “YUCCAS “De Jure”.