[ad_1]
back Death of an Actress Her husband had to go to court over an apartment in a new Moscow building. The famous figure skater inherited it.
“According to the available information, the claim concerns the failure to fulfil the obligations of citizens to participate in shared construction. The main law governing such relationships is Federal Law No. 214-FZ “On Participation in the Shared Construction of Apartment Buildings and Other Real Estate”. This regulatory act clearly defines the rights and obligations of developers and participants in shared construction. The most likely reason for the claim is the violation of delivery deadlines. The law provides for strict sanctions for such violations. In case of delays in the transfer of a shared construction project, the developer is obliged to pay a fine of three percent of the refinancing rate of the Central Bank of the Russian Union, effective on the day of performance of the obligation, calculated from the contract price for each day of delay,” the lawyer explained.
He believes that another possible cause of action could be major deviations from the design documents. The law requires developers to strictly adhere to the agreed project and any major deviations could be grounds for litigation.
An important aspect may be the quality of construction. If major defects are found in the transfer process of the subject matter, the co-construction participants have the right to require the construction unit to eliminate the defects free of charge within a reasonable period of time, reduce the contract price in proportion, or reimburse its expenses. Eliminate defects.
When hearing such cases, the courts usually require a full set of documents, including equity participation agreements, payment documents, correspondence with the developer, and evidence of the developer’s illegal behavior.
“If the claim is satisfied, the court may require the developer to pay liquidated damages, compensate for losses, eliminate defects, or even terminate the contract and return all investment funds. However, it is worth considering that developers often take various measures. For example, they use legal means to minimize their liability, including clauses in the contract that include the possibility of extending the construction period.
It is worth noting that such legal proceedings may drag on for a long time, especially if the developer decides to appeal the court decision to a higher authority. This may cause additional difficulties for the heirs, who will have to continue the legal process. ”The lawyer said.
[ad_2]
Source link
