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Special condition - "similar premises" in the contract of sale and purchase an apartment!

Secondary housing market in our country does well not completely civilized. Up to now, bona fide purchaser apartment, even with all the checks can expect some nasty surprises. The purchase and sale of the apartment by the court may be declared invalid for various reasons. None of this can not be fully insured, while guarantees and can be given by experts from the property. Truth and not to be taken is that any deal can be destroyed. All the same, in most cases, controversial moments after the transaction of sale, with due respect to an experienced real estate agent does not arise.
And want to consider a circumstance that realtors presented to its clients - buyers as a reliable means of possible future problems with the purchased property. There are many property owners - sellers of apartments that are not prepared to specify in the contract - the full cost of selling your property in view of tax (if purchasing an apartment gratuitous held less than 3 years). Thus, in order to free from income tax, the citizens in the sale apartments, tend to indicate the amount of 1 000 000, which is tax-free and naturally does not match the actual market prices. The buyer, in turn, also fears that the problem happen received receipts for the entire cost of the apartment does not need them. In this case, realtors, among other possible guarantees offered to insert into a contract of sale particular item. The funny thing that this particular item for inserting and "lawyers" of real estate agents and many notaries. It reads: ". Parties, guided Articles 421 (freedom of contract), 461 (liability of the seller in case of withdrawal of the goods from the buyer) of the Civil Code, have agreed that, in the event that a court of this contract void or rescind it due to circumstances arising under the Seller, including the violation of rights of third parties that the court finds to be satisfied, and the withdrawal of an apartment with the Buyer, the Seller agrees to purchase the Buyer equivalent apartment in the house of the same category in the same area of ​​the mountains. Moscow at their own expense or provide Buyer funds for self-purchase of an apartment based on the cost of similar housing, serving the real estate market at the time of removal of an apartment with the Buyer. This apartment can not be taken at the Buyer until payment of damages. " In this case, all the experts explain its legality Art. 421 of the Civil Code (Civil Code), and prove it to the buyer the right, in the event that the contract null and void, to receive from the seller equivalent dwelling or the market value of the apartment.
Only here the freedom of contract, together with the equality of participants in civil relations and a number of other principles is art. 1 of the Civil Code and it makes sense to recognize individuals and legal entities free to conclude an agreement to provide the parties an opportunity to enter into any agreement, as provided for, and not required by law or other regulations, in the freedom of the parties to determine the terms of the contract entered into by them, including and built on the model specified in the legislation. In accordance with Art. 422 of the Civil Code must comply with the contract binding on the parties to the rules set forth by law and other regulations, the mandatory regulations in force at the time of its conclusion.
The nature of civil law depends on the degree of obligation for members of civil legal relations, it contains rules of conduct. Here then we must distinguish between discretionary and mandatory rules of civil law. Peremptory norm of civil turnover can not change on your own, but the retreat will be void. Discretionary rule, acts only as long as the parties by their agreement not set other terms of their behavior.
In accordance with Art. 166 of the Civil Code transaction is invalid on grounds established by the Civil Code, in effect recognized as such by the court - the controversial deal, or independently of such recognition - void transaction.
The law clearly establishes the legal and proprietary consequences of the invalidity of transactions.
According to paragraph 1 of Art. 167 of the Civil Code invalid transaction does not entail legal consequences, except for those that are related to its invalidity. In recognizing the transaction invalid actions of the parties are denied legal effect, ie legal consequences, they would like to achieve, can be made. Moreover, the legal relationship between the parties must be canceled.
Thus, in recognition of the contract of sale of an apartment void liability of the seller in the event of withdrawal of the goods from the buyer of art. 461 of the Civil Code and other consequences under the contract null and void with the treaty itself.
As to the further consequences of the property, then they are affected by reason of invalidity, the presence or absence of the intention of the parties. In no time they are used, depending on whether there has been full or partial performance or not.
If the parties to fully implement a transaction, then the effects of the following property:
the return of the parties to the original property status (bilateral restitution).
If by the execution of the transaction was not, then no matter what may be its nature, property consequences in the form of bilateral or unilateral restitution can take place.
And yet, of the Civil Code provides for special grounds for damage claims related to the invalidity of the transaction. Reimbursement of actual damages for invalidation of the transaction and its application to the consequences of invalidity may require inept way - from viable or has been a clear influence misconceptions about the transaction or the transaction took place by means of deception, violence, threats.
Said the law of the property consequences of invalidity of transactions and the basis for a claim for damages, are mandatory and can not be changed at the discretion of the participants in the contract of sale.
Thus, the conditions in the contract of sale of premises on special property consequences of the invalidity of the transaction are not relevant to the law.
And in the end. A distinctive feature of the sale is under Art. 461 of the Civil Code the seller's liability in case of withdrawal of the goods from the buyer by third parties on the grounds that arose before the contract of sale. If the goods are withdrawn from the buyer, in accordance with this legal provision is entitled to claim damages only, which includes the value of the purchased property and other losses. This provision is not dispositive and does not provide the possibility for the parties to establish a condition other than the one provided for in it. As a psychological factor, a special condition is valid for participants must deal with real estate. However, for legitimate reasons, it is not really. Finally: no precedent in case law to prove the opposite does not exist! But this "special item" in the service of real estate agents for over 10 years..
11.04.2012

Since 2013 will be the real property tax

In order to introduce a new tax on real estate Economy Ministry published a draft amendment to the law of 1991 "On taxes on personal property." The main thing about this project - will be abolished the concept of "the inventory value of the property." At the moment, there is a tax on real property of individuals, which is calculated based on the inventory value of the object, which in turn is determined according to the standards the 70's of last century. This is how the rate of 0.1% per annum of the value of the object at the BTI, if less than 300 thousand, 0.1-0.3% for property worth 300 thousand, 0.3-2% - for real estate property individual value of more than 500 thousand rubles. And that the possibility of liberation from it more than enough. Thus freed from the tax pensioners, soldiers, artists, art, and other craftsmen, whose property is located in a specially equipped homes and used as art studios, workshops, studios.
It is also important to note that this tax is a local. According to information from the Federal Tax Service of the tax charges in the Russian Federation as a whole for the year 2011 amounted to 4.5 billion rubles. By introducing a new tax on real estate, this figure should be increased by an order. Since January 1, 2013, according to the published project is planned to switch to a new property tax, based on the cadastral valuation of real estate. The truth is likely to enter the tax will be gradual from one federal district to another. First let's look at the power of public reaction. And if all goes without demonstrations and strikes, the speed of propagation of the new real estate tax will increase dramatically. It is safe to say that the introduction of the new realities of the real estate tax on the face..
14.02.2012

The problems of developers.

Investment property development in Moscow seem to not bring past earnings. And for the foreseeable future the situation will not improve. One of the clearest examples of this situation is the oldest builder of high-end places in Moscow - Ostozhenka-Khilkov, of RGI International, formerly known as Rose Group. Losses for the first half 2011 amounted to $ 80 million. The truth of the RGI International is associated with the termination of investment contracts with the Moscow government.
Problems arose on three projects at the center of Moscow - "Victory Park", "Ostozhenka", "Chelsea" total area of ​​31 sq. m. It is also considered quite profitable project of residential complex "Khilkov" has been reduced from 27 sq m. to 20 thousand square meters. m. Also, the developer had to recalculate the profitability of the project department "Color." If things go well this far, not ruled out more serious problems in RGI International in 2012. It is true because in our world is changing very quickly and as we know it depends on the officials, it is possible and change the situation for the better. But it depends on the company's contacts with the City of Moscow. Other major developers different situation, but problems also exist. For those who work in regions or even in the suburbs more than a decent picture. For example PIK Group, which specializes in a more liquid market with economy-class housing in the suburbs, there is even a profit of $ 28 million in total I half of 2011. Opin company specializing in the construction of cottage settlements in the suburbs showed a profit of 21 million dollars. In another well-known developer "Tack-Development" is changing for the better, but from the losses have not yet got rid of. If the first half of 2010 brought the loss of 23 million dollars, over the same period of 2011 loss amounted to 12.8 million dollars already. Although in any case it is negative.
The problem lies in the developers rather incorrectly cost management, short-sighted intelligence situation in the real estate market and of course the relationship with the leaders of the regions, in particular with the City of Moscow. At this time of crisis the global economy are more likely to yield economy-show projects with low-cost and most likely not in Moscow. The emphasis the movement of capital and people is evident not in favor of capital..
23.09.2011

Buy an apartment on the mortgage will become even easier.

The real estate market is the fourth month of banks competing in the mortgage lending and other lending to real estate. The impression of the presence of banks have significant funds in the "big money". At the same time the banking sector is almost lost interest in the telecommunications business, and medicine. Of course the bankers had an attractive way of development of such industries as real estate and transportation. The active support of the state of these areas could not be interested banks. And if in the first place to lend to remain trading and manufacturing consumer goods, the level of interest in real estate has grown significantly.
Now consider the banking sector attractive to real estate and construction lending. Buy an apartment on the mortgage for the average person is much easier than the previous year. At the flagship mortgage lending has shares of 8% per annum sn mortgage. The company Stone Belt property is accessed per month dozens of banks for co-operation, which aims to significantly increase naturally lending under the purchased apartment. Here we have a real revival. In addition banks are very willing to lend and housing. Indeed, demand for apartments and there is a significant one. While true, this demand is not supported by the desires of sellers of real estate. But in case of changes in pricing the real estate market, this sector can be very promising. It is known that the banks are actively lending to that sector, which is supported by the state. In real estate is such a program. In addition, loans for construction and real estate adds "points" to the bank in terms of government. Finally, bankers are confident that the post-crisis phase nearing completion and is about to start phase of growth. With this course you can convincingly argue, but once there is a proposal from the bankers for loans in these sectors, it means that there is a banking market analysis of real estate and construction.
Perhaps the reason lies more in reducing the attractiveness of the loan earlier than the more promising sectors such as telecommunications, oil and gas industry. These areas, though show higher profits were significantly independent from credit and market are also divided between large corporations, not in need of borrowed funds. So the reference banks to real estate and construction lending could develop these areas and thus further strengthen these segments. Buy an apartment on the mortgage has now become quite affordable for many Russian citizens. Would the majority of our citizens have their life savings!.
29.08.2011

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