The equity participation law has made life a little easier for those who buy housing that has not yet been built. For example, if housing is being built officially in accordance with Federal Law 214, then the shareholder has the right to a forfeit if the deadline for the completion of the new building is delayed. It is important to remember that those who purchase real estate under a housing construction contract (Federal Law No. 215) or under a preliminary contract are not protected by the law on shared construction.
It is necessary
Equity agreement, claim, current account number, calculator
Instructions
Step 1
If the deadlines for the completion of the new building have come, and the house has not yet been commissioned, the developer most often offers to sign an additional agreement to the equity holders. In it, he postpones the delivery date of the house for a certain time (usually six months or a year). Sometimes the developer intimidates that if the equity holders refuse to sign the agreement, the equity participation agreement will be terminated or they are convinced that they have the right to postpone the deadline by notifying the equity holders. Yes, the developer has the right to postpone the deadline by sending a letter about the postponement a month and offering to sign an additional agreement. And the shareholder has the right to refuse to sign this agreement and collect a penalty for the delay. If the shareholder signed the agreement, then he agreed with the proposed terms of the transfer and will not be able to collect a penalty from the developer.
Step 2
After the shareholder refused to sign an additional agreement (and they do not have the right to terminate the DDU with him without the consent of the shareholder, so all threats are only an attempt to intimidate and get the coveted signature), he has two options for the development of the event. The first is to wait for the completion of construction and collect a penalty for the entire period of the delay. The second way is to file a claim in the first month and receive compensation on a monthly basis.
Step 3
It doesn't matter which of the two options the shareholder chooses, the main thing for him is to make a claim and correctly calculate the amount of the penalty. The calculation formula is simple: the price of the contract x the number of days of delay x the refinancing rate of the Central Bank of the Russian Federation / 100 / 150. But it should be remembered that the maximum amount of the forfeit is limited by the cost of the apartment under the contract.
Step 4
In addition to the penalty, you can also receive compensation for losses. If during the delay you rented an apartment (officially there are supporting documents), then you can reimburse this amount as well. But there is one caveat here: the rented apartment must be of the same area or less, and also be located in an equivalent area. Also, you can demand compensation for non-pecuniary damage, and there is no formula for calculating it. Usually, moral damage is estimated at 10-20 thousand rubles.
Step 5
After you have calculated the amount of the forfeit, you can write a claim to the developer. The claim is written in free form. There are many examples and samples of writing penalties on the Internet. The main thing is that the claim must contain: the number of the equity participation agreement, the date of signing, the object of shared construction, your last name, first name, patronymic, bank details (for transferring a forfeit, if everything can be resolved out of court), the amount of the forfeit,
Step 6
If the developer did not satisfy your requirements and did not try to negotiate, then you can safely add 50% to the amount for non-voluntary fulfillment of the consumer's requirements and sue. You can also collect all legal costs from the developer. If your interests are represented in court by a lawyer, then you can also collect payment for his services through the court.
