Walking through the streets of cities, you can meetseparate or entire blocks of new buildings. They can be admired, as they favorably differ from the old buildings, but most of all you want to become the owner of such property. After all, they are distinguished by a new infrastructure, the possibility of redevelopment to their own taste, neighborhood with their own kind and much more. All newlyweds are dreaming about this "nest". And so, having collected money from the wedding, plus the help of parents or taking a loan in a bank, they begin to look for the best options. Of course, you can become an equity participant in construction, which is just beginning to be built. But if you wait unbearably, if you want to quickly, if you found the house of your dreams - proximity to the metro, work, parents, and the apartments are all sold out? Then there are investors or people who want to sell an apartment because of changed family circumstances that can not "pull" such payments.
Those who want to sell and buy inevitablywill face such a legal concept as the assignment of rights. It would seem that if there is a seller and a buyer, you only need to formalize a sales contract. But there is a nuance, not always clear - what is a commodity? Yes, the apartment seems to be there, you can touch the walls, view the view from the window, but what is its address? It will become a commodity only after the execution of the transfer certificate. What, then, to buy? And they buy the right to an apartment, the seller concedes only their rights to it.
This is a fairly common, albeit underwater, way of acquiring housing. What are the specifics of concluding such a transaction?
First, who wants to sell an apartment iscreditor. He concludes an agreement on equity participation or co-investment with the developer organization, which stipulates that he contributes money, and he will build an apartment after some time. On the basis of this agreement, he has the right to demand this apartment through the agreed terms. But when he decides to sell it before the expiration of the terms, it turns out - he sells (concedes) the demand for this apartment. This is called the assignment of the right of claim.
Secondly, if the conceding rights introduced allthe agreed amount to the developer is one thing. But more often this is due to the impossibility of payments, accumulated debts. Therefore, all unpaid amounts and debts in such a transaction, like assignment of rights, pass to the eligible claimant. In order to avoid surprises, you need to get all the information about the settlement of the developer.
Is the assignment of rights associated with risk?Yes, like other types of transactions. Those who want to buy real estate are interested in how not to lose their hard earned money, and also not to lose time and nerves. It is necessary to study the basic agreement on equity participation between the developer and the person giving in to the rights, pay attention to the terms of delivery of the facility, the calculation procedure. It is very important, if this agreement is registered with the FSR, if yes, then much simplifies and it is possible not to be afraid of errors on the part of the construction company concerning the sale of the same apartment several times.
The duties of the conceding right are writtennotice to the builder that an assignment of rights will occur. Remember that before signing the contract you must have the entire package of documents. If preliminary acquaintance suits you, then the assignment of the right of claim can be made out, where it is always stipulated how much it will cost, how it will be paid. This contract is also subject to registration.
Of course, it is best to entrust the maintenance of thiscontract experienced lawyer, who issued such transactions more than once, which also significantly reduces the risk. If you still decide to do everything yourself, then be vigilant, check, carefully read, compare, and maybe this information will be useful for you.
