30.05.2020

Additional agreement to the ddu on changing the apartment. The developer proposes to sign an addition to the DDU


erection apartment buildings and other real estate objects, even when using modern technologies, takes a fairly long period of time - from one year or more. During this period it may happen a large number of significant events, as a result of which there will be a need to amend the previously concluded agreement equity participation.

As in the case of any contract, changes to the DDU must be formalized by an additional agreement. It is the free will of the parties to the contract and is integral part main contract.

What are the changes

Within the meaning of the term "additional agreement", it is clear that this legal document is drawn up for registration of any changes and additions made to the original contract. By signing an additional agreement to any of them, the parties express their voluntary and unconditional consent to the changes being made.

The legislation does not define the terms for concluding additional agreements. This means that it can be concluded at any stage of the contract. There is also no single standard form.

An additional agreement to the contract of equity participation in construction may be various kinds and have many reasons for concluding it. Here are a few of the most common:

  • on changing the terms or procedure for payment of the DDU;
  • about its termination;
  • on changing the date of transfer of housing to the equity holder to a later date;
  • on the change of jurisdiction in the event of disputes;
  • in case of change of one of the parties to the contract or information about it;
  • in case of rejection of the subject matter of the contract or its separate parts from project documentation.

Most often, developers come up with such an initiative. Offering, and sometimes simply imposing, signing additional agreement to DDU, they imply their goals. The main one is to absolve yourself of liability for breach of the terms of the contract. Thus, they put equity holders in obviously unfavorable conditions.

Registration procedure

The legislation does not establish a standard form of additional agreements, therefore, in each specific case, it is developed individually. A sample supplementary agreement can be found in the public domain on the website of any legal organization.

Along with the main agreement, in addition to it, without fail the following items must be present:

  • date and place of compilation;
  • information about signatories;
  • registration and basic information about the DDU, to which the supplement is being drawn up;
  • the subject of the additional agreement, indicating the clauses and sections and the amended wording in them;
  • period of entry into force and duration;
  • details and signatures.

Before signing an additional agreement, it is recommended that you carefully read it again to find out if the developer has made any parts of it that are not agreed with the interest holder.

Is registration required

When similar situation some are wondering about the need to register an additional agreement to the equity agreement.

The legislation provides that all documents executed on the basis of any contract undergo the same registration procedures. Therefore, the additional agreement must be registered in the same place where the main agreement was registered.

The following documents must be submitted to the Registrar for registration:

  • passports of the shareholder and the representative of the developer;
  • power of attorney for a representative;
  • original supplementary agreement in two copies;
  • mortgage agreement;
  • receipt of payment of the state duty for registration in the amount of.

The registration authority draws up it within five days from the date of submission of documents. An additional agreement that has not been registered is invalid and is considered not concluded.

The developer may judicial order, according to Art. 165 of the Civil Code of the Russian Federation, to force the registration of an already signed agreement. In this case, the legal costs will be compensated by the defendant.

The obligation to conclude

Most often, the developer, in order to sign the agreement, sends it to the participant in one of the following ways:

  • by email;
  • courier delivery;
  • registered mail by regular mail.

The reaction of the shareholder to such proposals may be as follows:

  • refuse by notifying the developer;
  • agree and sign, specifying who undertakes the registration of the document;
  • ignore it and do nothing.

The signing of this document must be taken very seriously. Like the main contract itself, it is best to study it together with an experienced lawyer. In the supplementary agreement, the developer may include clauses that the interest holder has not agreed with him. If there are terms of the agreement that put the participant at a disadvantage, it is better to refuse to sign it.

Participant shared construction is a service consumer. The conclusion of the contract is his right, but not at all an obligation. Article 438 of the Civil Code of the Russian Federation provides that silence in response to an offer is not considered acceptance or acceptance of the offer. Therefore, in the absence of a response to the additional agreement, the contract continues to operate on the same terms.

When not to sign

Consider some types of additional agreements that are most often offered by construction organizations to participants in the DDU. When they are signed, the terms of the agreement for participation in shared construction are significantly changed. This makes them less profitable for the shareholder and may deprive him of the opportunity to defend his consumer rights in court.

When postponing

An additional agreement to postpone the delivery of an object is the most common form. Usually it is proposed to conclude it before commissioning the facility, or after the issuance of a permit for the operation of the facility. By making such an offer, the developer is trying to absolve himself of responsibility for the violation of the deadlines for the transfer of the building or apartments to the participants of the DDU. This allows him to avoid paying penalties and compensation for losses incurred by the participants.

The legislation does not prohibit a construction organization from making a proposal to participants in shared construction to postpone the transfer of an object to a later date. The shareholder is not obliged to accept it - it remains at his discretion. He must have an understanding that by accepting such an offer, he loses the right to demand compensation from the builders for non-compliance with the deadlines for the transfer of the object.

On termination of the contract

Often, it is more profitable for a shareholder to propose changes to the termination conditions provided for in the agreement. But only when there is no reason in them that prompts the participant to terminate it.

If the customer intends to terminate the contract due to the developer's failure to fulfill its obligations, it should be remembered that the compensation received in this case will be significantly lower than that which could be sued.

About the change of jurisdiction

Changing jurisdiction by agreement, Building company implies its corporate interests. The shareholder has the legal right to apply to the court at the place of residence, the construction of the facility or the location of the construction organization.

Developers, intending to transfer the consideration of cases to the courts at its location, are counting on the trend established here to underestimate the amount of penalties.

Often, the developer offers to postpone the consideration of disputes in arbitration. This will deprive the interest holder of the opportunity to take advantage of the Consumer Protection Law.

Is it required to sign and register additional agreements to contracts of equity participation in shared construction in the event of an extension of the commissioning period and transfer of the facility to the participant (part 3 of article 6 of Federal Law-214) or is it enough to send notifications only? And what is the deadline for the completion of construction should be indicated in the concluded participation agreements, the previous one or taking into account the extension?

Answer

That fact that the developer has extended the term of the permit for construction and commissioning of the facility, while notifying the equity holders, does not matter for its obligations to the participants in shared construction, which can be changed by signing and registering an additional agreement. In turn, the signing agreement on the extension of the term for the transfer of an apartment is the right of the shareholder, and not an obligation. If the shareholder refuses to sign, then the deadline for fulfilling the developer's obligation to transfer the object will remain the same.

Therefore, in case of violation of the term for the transfer of the apartment, the shareholder will have the right to recover a penalty (Article 6 of Law No. 214-FZ). But if the shareholder signs an additional agreement, then the contract will be valid on the terms of the new term and the developer’s skipping the previous term will no longer be the basis for charging a penalty.

Even the fact that the developer has extended the term of the building permit does not matter for his obligations to the participants in shared construction (see), however, if the shareholder refuses to sign additional. agreement, the developer may apply to the court with a claim to compel the signing of the additional agreement.

In paragraph 24 of the review judicial practice The Presidium of the Supreme Court of the Russian Federation dated 04.12.2013, considering a dispute with the developer KrasnodarFinStroy LLC, indicated that forcing a participant in shared construction to conclude an agreement on postponing the transfer of the shared construction object by the developer to him is possible only in cases provided for by law (). The Supreme Court, repealing earlier decisions made explained that, guided by the norms and making a decision to compel the equity holder to conclude an additional agreement on postponing the date of commissioning of a residential building, the district court did not indicate the significantly changed circumstances and did not list the evidence of their existence, from which the parties proceeded when concluding the contract, and also did not cite the facts the presence of a set of conditions provided for by the named article, which are the basis for changing the contract. Meanwhile, KrasnodarFinStroy LLC, entering into contractual relationship with equity holders, could not exclude the possibility of any economic risks and should have foreseen the possibility of their occurrence when determining the timing of the completion of the construction of the facility.

In the Appeal ruling of the Krasnodar Regional Court dated August 22, 2013 No. 33-17929 / 13, the court also dismissed the developer's claim for the obligation to sign the shareholder additional. an agreement to extend the terms of the transfer of the apartment in connection with a change in the project declaration.

In turn, in the event of a change in the commissioning period, the developer must make appropriate changes to the project declaration, in connection with which, new equity participation agreements concluded must be with an updated commissioning date.

Additionally, you can read:

Equity participation in construction. What can be demanded from the developer if he does not fulfill his obligations;

The rationale for this position is given below in the materials of "Systems Lawyer"

<…>

REVIEW OF JUDICIAL PRACTICE OF THE PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

<…>

“24. Forcing a participant in shared construction to conclude an agreement on postponing the transfer of a shared construction object to him by the developer is possible only in cases provided for by law (). the term for the transfer of the apartment is T. Subsequently, OOO KrasnodarFinStroy made changes to the project declaration for the design and construction of the said house, according to which the term for putting the building into operation was changed to a later one. Changes to the design declaration and declaration in new edition registered in the prescribed manner.

LLC KrasnodarFinStroy sent T. a message with information about the impossibility of completing the construction of the building on time and about the postponement of its commissioning, as well as with a proposal to change the contract and conclude an additional agreement to extend the term of the contract, but no response was received from T. on the conclusion or refusal to conclude an additional agreement. In this regard, KrasnodarFinStroy LLC filed a lawsuit against T. to compel him to conclude an additional agreement to the agreement on participation in shared construction on the extension of the period for the transfer of the shared construction object and its state registration.

By the decision of the Soviet District Court of the city of Krasnodar, the claims of KrasnodarFinStroy LLC were satisfied. The decision of the Judicial Board on civil affairs The Krasnodar Regional Court upheld the decision of the district court.

Resolving the dispute and satisfying the claims made by KrasnodarFinStroy LLC, the district court proceeded from the fact that the delay in completing the construction of the house and putting it into operation was caused by a lack of Money. In addition, most of the participants in shared construction apartment building voluntarily signed additional agreements on the extension of the term for the transfer of the shared construction facility.

Judicial Collegium for Civil Cases Supreme Court Russian Federation quashed the court rulings held in the case, stating the following.

Where to get an answer to any legal question

Lawyer System has answers to FAQ company lawyers. Subscribers of the Lawyer System also receive individual consultations from experts.

Article 4 of the Federal Law “On participation in shared construction” No. 214-FZ of December 30, 2004 spells out two main requirements for an equity participation agreement. Let's consider them in more detail.

Written form

First, the share agreement is in writing. , as well as an additional agreement to it. According to Article 434 of the Civil Code of the Russian Federation, a written contract can be concluded in the following ways:

  • by drawing up one document signed by the parties;
  • by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from the party under the contract.

Of course, agreements with equity holders are concluded and signed at the developer's office, but an additional agreement to it, as a rule, is sent by mail. Basically, they are made up to change the timing of construction, so some unscrupulous developers by any means and persuasion force equity holders to sign this document.

But the main thing to remember here is that unsigned additional agreement is not a prisoner. After all, in accordance with paragraph 2 of Article 438 of the Civil Code of the Russian Federation, silence is not an acceptance, that is, the acceptance of a proposal. And if you do not agree to sign an additional agreement, then the agreement continues on the same terms. Of course, the house will not be handed over earlier, but you will be able to claim forfeits, damages and other payments related to the violation of the deadline. This is described in detail in the article “Due date yesterday”.

If the developer is unable to complete the construction in term, stipulated by the treaty , then he is obliged, no later than two months before the expiration of this period, to send the participant in shared construction relevant information and a proposal to amend the contract (Article 6 of Federal Law No. 214-FZ). By signing supplementary agreement, you agree to change the terms of putting the house into operation and accordingly do not claim forfeiture.

State registration

Second, the equity participation agreement is subject to state registration and is considered concluded from the moment of such registration . In addition, since the additional agreement is an integral part of the contract, then signed agreement is reason for making changes into the existing records of the One state register rights. Registration is carried out in (hereinafter referred to as the Federal Registration Service). Wherein, if the developer accepts money from equity holders without state registration of the contract, he may be held administratively liable. This conclusion was made by the Presidium of the Supreme arbitration court RF in its Decree of March 23, 2010 No. 13863/09, which was based on part 3 of Article 4 of the Law “On Participation in Shared Construction”. In accordance with it, an equity participation agreement is considered concluded from the moment of state registration. For not fulfilling this condition, the developer was fined 400 thousand rubles.

Unregistered in the USRR, but signed additional agreement also not a prisoner. But the developer has the right in court to require you to register the said agreement. In accordance with paragraph 3 of Article 165 of the Civil Code of the Russian Federation, if a transaction requiring state registration is made in the proper form, but one of the parties evades its registration, the court has the right, at the request of the other party, to make a decision on the registration of the transaction. In this case, the transaction is registered in accordance with the decision of the court.

According to Article 25.1 of the Federal Law “On State Registration of Rights to real estate and transactions with it” dated July 21, 1997 No. 122-FZ, as well as paragraph 8 of the Order of the Ministry of Justice of Russia N 184, for registration with the Federal Registration Service, the equity holder submits the following documents:

  • application for state registration of rights;
  • general passport;
  • original document confirming the payment of state duty. If it is not submitted, the contract or additional agreement will not be registered (see Ruling of the Supreme Arbitration Court of the Russian Federation dated 03.09.2008 No. 11025/08), the amount of state duty levied on an individual both when registering a contract and when registering an additional agreement to it is 200 rubles . (subclause 30, clause 1, article 333.33 tax code RF);
  • two originals of the agreement for participation in shared construction (additional agreement to it), including one for the registration authority;
  • notarized consent of the spouse to the said transaction.

In addition to the specified documents, if for the new building the registration of an equity participation agreement is carried out for the first time, then the developer must provide additional documents, including a building permit, a project declaration, a plan of the property being created.

As a result, we get that after signing three copies of the equity participation agreements (one for the developer, the second for the shareholder, the third for the Federal Registration Service) and paid the state duty, you, together with the developer’s lawyer and a full package of documents, are sent to the state registration of contracts with the Federal Registration Service. Well, there, within no more than 5 working days, the transaction must be registered. For the first equity participation agreement for an object under construction, the period is longer and amounts to 1 month.

Conclusion

Buying a property is an important step in the life of every family, regardless of whether you are buying an apartment for the first time or not for the first time. The more seriously you take this, the less haste, the better. Always read what you sign Golden Rule here as never before. And secondly, payment for an apartment should be made only after the state registration of the equity participation agreement.

The agreements are based on the legislative provisions adopted for the participants in this type of construction of high-rise buildings, for citizens of the Russian Federation. According to them, the developer undertakes to build a new building within a certain period of time. He must use his own financial resource or independently find investments for its construction. It is likely that under certain agreements, these will be investments by equity holders. After his proper legal support documents for commissioning, he is obliged to transfer it to the owners of the equity holders.

The stated conditions are accepted by both parties on a contractual basis.. The essential terms of the contract include:

  1. The subject of the contract, reflecting the fact of purchase and sale.
  2. The object of the contract is a direct concrete object intended for transfer.
  3. Deadline for delivery of the object.
  4. The total cost, as well as the conditions, terms and amounts of payments.
  5. Warranty period of use.
  6. Terms of termination of the contract.

The subject of the contract includes its object. Therefore, the agreements provide for the developer to have accompanying documentation, which is indicated as a direct confirmation of the reality of the building under construction. All characteristics of the facility under construction are detailed in the design documents, and construction work will be carried out according to them.

In case of violation of the size of the areas of apartments, rooms, utility rooms, basements, flights of stairs and others, the contract may be terminated through the court. Moreover - with the full payment of the funds invested by the equity holder.

How to compose: all the points

Initially, the contract designates the subjects of the parties that enter into a share agreement. The provisions are detailed below:

  1. The number of the contract is put, and it is indicated - from what date.
  2. Terms are defined, which is very important for a legally competent interpretation of the agreements concluded.
  3. The subject of the contract, which includes complete information on the basis of which and in accordance with whom the contract was drawn up.
  4. Legal grounds for concluding an agreement, which determine the legal capacity of the parties and legal guarantees of liability.
  5. The order of payment, indicating the amount and terms of payments.
  6. The rights and obligations of the parties, which should include all the main claims of the parties and the benefits that they receive when drawing up the contract. This section is written very carefully. Since in the event of litigation, it will become a confirmation of legal authority.
  7. The responsibilities of the parties, which are also of unprecedented importance, especially in a situation of conflict.
  8. Ensuring the fulfillment of obligations, provide for the possibility of sane sanctions in case of violation of agreements.
  9. Force majeure circumstances take into account the general algorithm of actions in case of unforeseen circumstances.
  10. Dispute resolution and applicable law determines the ways in which disputes can be resolved: by agreement of the parties, in unilaterally, through the court.
  11. The term of the contract determines its relation to the terms of delivery of the object.
  12. The final provisions provide for the conditions for its termination and other points, at the preference of the parties.

In conclusion, the contract must be sealed with the signatures (with a transcript) of the parties and the seal of the organization - the developer. Put the date. The contract will be valid after its registration.

  1. The procedure for changing the value of an object if its area is changed.
  2. Indication of the maximum allowable number of times for the delivery of housing.
  3. Terms for elimination of the admitted shortcomings, according to the claim of the shareholder.
  4. Information about the order of management of the future house.
  5. Terms, order, cost of property registration services.

Registration: where and how?

This is a complex legal process. She is is in the Federal Registration Service. Registration implies the presence of guarantees to the shareholder that the apartment assigned to him will be sold only to him. It completely excludes the possible implementation of fraudulent schemes, the sale of the same apartment several times.

Registration of a shared construction agreement is carried out at the municipal branch Federal Service state registration of the cadastre and cartography (in Rosreestr). Registration documents are as follows:

  1. Agreement for participation in shared construction (and all annexes).
  2. Application of the developer and shareholder.
  3. The passport.
  4. Spouse's permission to register (notarized).
  5. Characteristics representing the quality, size and shape of a building under construction.
  6. Pledge agreement (if necessary).
  7. Receipt for payment of state duty.

The amount of payment of state duty - 350 rubles. In addition, the first shareholder additionally submits:

  1. Plan - the prospect of a new building.
  2. Building permit and design declaration.
  3. Contract of insurance or guarantee.

The developer must present the contract concluded by him civil liability for each borrower. Having these documents with him, the shareholder approaches a specialist to submit an application.

Together with the application, upon presentation of a passport, he submits documents against a receipt, which must subsequently be presented when he returns to receive a registered document.

The deadline for registration of the contract will be announced and entered in the receipt form. According to the rules, it is 20 working days from the period in which the documents were submitted.

Registration of ownership will be carried out after the commissioning of the new building, in three ways:

  1. Developer by agreement, for an additional fee.
  2. Shareholder on his own initiative.
  3. Shareholder through the court.

Power of attorney for registration

It is needed by representatives of equity holders. Individuals have the right not only to apply for registration in person, but also to use the services of a representative. Representation can be carried out:

  1. At the unmotivated desire of the shareholder.
  2. For legal representatives of children (under 14 years old) along with the submission of a document on his birth.
  3. For legal representatives of incompetent citizens, instead of a power of attorney, a document on guardianship is presented.
  4. When contacting a law firm.
  5. By agreement on work, with a lawyer.

Representatives and proxies can act only on the basis of a notarized power of attorney, which is drawn up in a certain, standard form established by law and drawn up by a notary office specialist.

A sample of this document can be viewed.

Supplementary agreement

It is made in most cases when transferring (especially buying and selling) rights fractional ownership from a participant in shared construction to another person. The agreement has an additional character to the contract, a similar form, and is also drawn up according to its principle, with the relevant provisions and clauses of the provisions.

When drawing up an agreement, the subject of the agreement is (or otherwise), on certain conditions, which determine in detail the responsibilities of the parties.

Add. the agreement is drawn up subject to any mutually accepted changes, since the clauses of the contract itself are not subject to change. It is supposed to be carried out through registration with Rosreestr, in the same way as the previous documents.

Conclusion

With the right algorithm of actions, participation in shared construction can become not only profitable, but also an exciting activity. It will help to solve pressing problems with housing or improve the financial situation, with its subsequent implementation. The relevance of equity participation in construction lies in the significant difference between the price of an apartment for a shareholder and for a buyer of finished housing after its state acceptance.

An additional agreement to the DDU can be concluded both at the stage of signing the agreement, and at any time during its validity. There are many reasons for signing it, the most common are agreements:

  • on the postponement of the delivery of housing;
  • on termination of the DDU;
  • on the change of jurisdiction under the contract;
  • on changes in the quality characteristics of the object;
  • about changing the party to the contract;
  • agreement on the postponement of payment of DDU.

Usually, the initiator of the conclusion of the agreement (with the exception of the last two options, which are initiated by the participants) are the developers. Each construction company pursues its own goals, but, as a rule, all of them are aimed at disclaiming responsibility for certain violations and shortcomings in construction and encouraging equity holders to accept new terms of the contract that are less favorable for them.

And the penalty will be calculated from this new date.

  • He is deprived of the right to terminate the DDU unilaterally (for termination - see below) and return his money on the basis of a violation of the deadline for handing over the house for more than 2 months (clauses 1, clause 1, art. 9, 214-FZ). That is, to terminate the contract on this basis, you will have to wait until the Developer violates new term for 2 months.
  • If an additional agreement to the DDU is signed, then the initial delivery date of the house will no longer be taken into account.
    When litigation with the Developer, the interest holder will not be able to rely on initial conditions DDU. What should be indicated in the Apartment Transfer and Acceptance Certificate - see the Glossary at the link.

Pre-trial claim to the developer (sample)

If the object was not accepted by the participant, the developer bears the risk of accidental damage or loss of property. Rights of a shareholder Construction participants on a shared basis have the rights provided for Civil Code(GC), federal law"On Protection of Consumer Rights" and other regulatory acts.


In accordance with the norms of the law, the participant may present to the developer in case of violation of the rights or terms of the contract a claim with the following requirements:
  • free of charge and within a reasonable time to eliminate the identified shortcomings of the object of the contract;
  • reduce the total price of the contract without eliminating discrepancies;
  • reimburse the costs incurred by the participant as a result of non-fulfillment or incomplete fulfillment by the developer of its obligations.

Here you can download a sample of a claim under an equity participation agreement.

Building a house takes more than one year of time. During this period, many different events can occur that require changes to the terms of the contract concluded between the developer and the project participant. By law, a contract once signed cannot be rewritten.


All changes and additions to the document must be made in the form of additional agreements, which can be repeatedly concluded between the parties on the basis of voluntary and free will. In this case, registration of an additional agreement to the equity participation agreement must be made.
Otherwise, the document is considered not concluded with all the ensuing consequences.

The builder delays the delivery of the house. what should a borrower do?

For example:

  • DDU signed in 2012;
  • the document indicates that the estimated deadline for the completion of the facility is August 1, 2018;
  • the apartment described in the contract is transferred within two months after the house is put into operation.

On February 1, 2018, a participant in shared construction receives a notification by mail in which the developer proposes to change the deadline for completion of construction for reasons that he could not influence. In further negotiations, the developer refuses to pay a penalty or any other damages.
What are the next steps for the consumer? In accordance with Article 310 of the Civil Code of the Russian Federation, a unilateral change in the terms of the contract is not allowed. The signing of the proposed agreement will confirm the participant's agreement to the proposed terms and will deprive him of the right to compensation.

Sample claim to the developer about the violation of the terms of delivery of the house according to ddu

  • All the nuances of concluding an additional agreement with the developer
  • Registration of an additional agreement to the equity participation agreement
  • Additional agreements to dd
  • The developer offers to sign an addition to the ddu. do i need to sign?
  • Agreement of equity participation in construction and add. agreement
  • Additional agreement to the dd on changing the builder sample

All the nuances of concluding an additional agreement with the developer. state registration supplementary agreement to the equity participation agreement.

The procedure for registering an additional agreement to the equity participation agreement

To register an additional agreement, the following documents must be submitted to the state body:

  • shareholder's passport;
  • additional agreement (two original copies);
  • receipt of payment of the state duty for registration (for citizens it is 350 rubles);
  • loan agreement (if a mortgage loan was taken to participate in the project).

The term for registration of the agreement is five days after the submission of all documentation. A signed but unregistered document is considered unconcluded.

Attention

Only an agreement drawn up in accordance with all the rules and registered is valid. The shareholder should take into account that if he signed, but did not register the document, the developer can file an application with the court, and the agreement will be registered by court decision.


This right is enshrined in Article 165 of the Civil Code.
The object of shared construction under the Agreement is Apartment No. 46 (building number according to the project), located in the Multi-apartment residential building No. 01, building 5 at the building address: Moscow Region, Khimki city district, Klyazma-Starbeevo microdistrict, near the Klyazma quarter (hereinafter referred to as the Apartment). According to clause 2.3. of the above Agreement, the deadline for the Developer to transfer the Apartment to the Participant is until December 31, 2017.
According to clause 2.4. of the above agreement, the Participant, upon proper fulfillment of his obligations under the Agreement, receives the right to demand the transfer of the Apartment from the Developer to the Participant. In accordance with Art. 6 FZ-214, the Developer was obliged to report the postponement of the transfer of the apartment two months before the deadline specified in the Agreement, but this was not done. For my part, I declare that I have fulfilled all the conditions under this Agreement in full and properly.

The developer did not register an additional agreement to the ddu sample claim

If the delay in the construction and commissioning of the house is too long, and the shareholder has the opportunity to buy another apartment for himself, then he can terminate the contract with the Developer unilaterally, on completely legal grounds, and return his money (unless, of course, the Developer by that time does not announce yourself bankrupt). How to terminate the DDU unilaterally and return the invested money with interest - see this note at the link. And of course, the shareholder always has the opportunity to withdraw from the project by selling the unfinished apartment by assigning the right to claim it. How this happens (nuances, risks, features) is described here - the assignment of claims under the DDU. But what should a shareholder do if the Developer goes bankrupt and can no longer fulfill its obligations? More on this at the link provided.

Along with the main contract, in addition to it, the following items must be present without fail:

  • date and place of compilation;
  • information about signatories;
  • registration and basic information about the DDU, to which the supplement is being drawn up;
  • the subject of the additional agreement, indicating the clauses and sections and the amended wording in them;
  • period of entry into force and duration;
  • details and signatures.

Before signing an additional agreement, it is recommended that you carefully read it again to find out if the developer has made any parts of it that are not agreed with the interest holder. Whether registration is necessary In the event of a similar situation, some are wondering about the need to register an additional agreement to the equity agreement.


2022
ihaednc.ru - Banks. Investment. Insurance. People's ratings. News. Reviews. Loans