Покупка квартиры в новостройке. Договор долевого участия (214 ФЗ)

Автор: admin  //  Рубрики: Новостройки

Договор долевого участия 1

Покупка квартиры в новостройке. Договор долевого участия (214 ФЗ)

Повседневная практика показывает, что, к сожалению, основная масса покупателей квартир в новостройке интересуются особенностями договора о долевом участии только непосредственно перед заключением сделки.

А зря, все важные документы полагается  изучать заблаговременно.

Перед заключением сделки очень важно разузнать все, что касается  девелопера, изучить историю компании, ее репутацию, как долго она присутствует на рынке недвижимости, сколько и каких объектов уже было возведено, были ли соблюдены сроки.

Совсем не повредит  изучить учредительную документацию и бумаги, подтверждающие полномочия лиц, подписывающих документы. Не помешает запросить у застройщика сведение о текущем финансовом положении.

Следующим важным шагом, является проверка документов на объект.

Перед  заключением договора  долевого участия  необходимо понимать, что по исполнению договора не совершается переход права собственности на приобретаемую квартиру, так как  фактически ее еще не существует.

Договор долевого участия 2

Согласно российскому законодательству, застройщик имеет право привлекать деньги дольщиков, исключительно при существовании свидетельства о государственной регистрации права собственности,  либо разрешения на аренду земельного участка и плюс разрешения на строительство.

Только после проверки всех документов, можно приниматься за заключение договора долевого участия. Документ этот должен содержать следующую информацию:

  • Определение объекта недвижимого имущества: характеристика жилья в новостройке, полный физический адрес (номер подъезда дома, расположение на этаже здания), площадь квартиры, наличие лоджии  или балкона. Непременно уделите внимание пункту договора, в котором будет указано о  возможном уменьшении или увеличении площади после обмера БТИ.
  • Срок передачи жилого помещения.
  • Стоимость  договора долевого участия, сроки и порядок оплаты. Цена квадратного метра новостройки должна быть указана  конкретной суммой, а значит, стоимость договора зависит от реального количества метров. Поэтому, единственным допустимым исключением, может быть только увеличение площади жилого объекта после обмеров БТИ.
  • Допустимым гарантийным сроком на объект недвижимости может  быть срок, не менее, чем пять лет.

Договор долевого участия 3

В случае, когда отсутствует хотя бы  один из вышеперечисленных пунктов, договор долевого участия (214 ФЗ) будет считаться незаключенным.

В нем также должны быть четко предусмотрены условия расторжения соглашения и возможности применения штрафных санкций.

Данный договор заключается в письменной форме. Подчеркнем, что его можно заверить нотариально и это даст покупателю некоторые преимущества.

Нотариус же, со своей стороны, проверит оформление договора, что позволит  дешевле и проще зарегистрировать право собственности по заверенному документу.

Договор долевого участия дает потребителю ряд существенных преимуществ. Например, предъявляются жесткие требования к качеству жилья и срокам строительства.

В случае, когда  квартира не может быть передана дольщику в согласованный срок, девелопер будет обязан выплачивать неустойку за каждый день просрочки.

При обнаружении в квартире каких-либо недоделок, добросовестный покупатель сможет потребовать бесплатного их устранения, и в разумные сроки.

Если недоделки окажутся серьезными, тогда можно требовать у девелопера возврат всей суммы денег, а так же  процент за их пользование.

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214 ФЗ - Основные положения! От чего мы защищены, а от чего нет!

 

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