According to the law, the equity participation agreement (DPA) comes into force only after registration with Rosreestr. Until then, it’s just a piece of paper, even with signatures and seals. Using the DDU number, you can check the registration through the Rosreestr website, as well as through the multifunctional center (MFC), receiving a paper or electronic extract from the Unified State Register. The first method is more suitable for complacency, and only an extract is suitable for filing a claim with the developer. If you have not found your contract number in Rosreestr, and the developer cannot give a clear explanation for this, contact a lawyer for help.
How is the deal made?
All additional information can be found in the legislative act number 214. After the information about the construction of a residential building and the construction company has been verified in detail, clients enter into a contractual relationship to participate in the procedure using the shared method. All conditions are provided in the form of a standard document, where there is a specific and legally established procedure for the provision of papers. Even after the agreement is signed, the agreement does not acquire legal force. It is mandatory to register all relationships with Rosreestr. And only from this moment will the relationship between the construction organization and people begin. The entire sequence should be provided in the form of a short instruction.
This includes the following steps:
- The terms of the contract are agreed upon, including discussions about the financial side, the quality of the services provided, as well as the timing.
- The document is signed by all participants involved in the process.
- Next comes a notification to Rosreestr with the submission of an application for registration.
- The result is in the form of an original agreement marked by a particular authority.
According to the agreement, the participants have both rights and are endowed with any obligations. They are prescribed in article number 214. If registration has not occurred, then the agreement is considered not concluded and may give rise to some negative situations in the future for both parties.
What are the options for checking the registration of a preschool educational institution?
There are two main ways to check whether a child-care center is registered with Rosreestr. In the first case, you can do this online, in the second offline (by ordering a printed version). In this case, in both cases, the document will have the same legal force. As for the online form, this is an electronic document, which is an extract from the Unified State Register of Real Estate with an enhanced qualified signature. Offline is a standard form with the signature of Rosreestr and the official seal.
What are the reasons?
The obligation to provide reminders during the procedure is imposed on the parties to the transaction. At the same time, the procedure is carried out only when everyone applies at the same time. In the union, they sign an application and are subsequently sent to the authorized body for registration. But, there are some details when a transaction is declared invalid.
This should include:
- The organization refuses to carry out the procedure.
- Clients do not resort to the procedure and are not independently referred to the authorities.
- All participants had already registered and received a negative response.
The developer may avoid this procedure for some reasons. For the most part, these are financial expenses. In order to carry out the procedure, you need to provide a document confirming payment of the state fee. The established value for ordinary buyers is 175 rubles, and for a developer - 3000 rubles. For any document concluded, the expense for a construction company will be very large, because 100-150 families live in one house. Since any company wants to save money, it avoids registration, and this allows it to save a certain amount of money.
In addition, the most basic reason for a possible untimely application for the procedure is its dishonesty towards those people who acquire the property. If a company creates the fact that contractual relations are not recognized as concluded without registration, then it collects funds from all participants without legal grounds.
IMPORTANT !!! The resolution of any rights occurs only through the court, however, this process can drag on for a long time, and does not always guarantee that you will win. But many citizens now do not know that such a procedure needs to be carried out.
You will only be able to find out about possible problems in the future when you want to register the property and you will need to provide a share participation agreement. But why can they refuse?
The reasons for this are described in law number 218.
This may include:
- The agreement did not contain any regulatory deviations.
- The parties do not have the authority to enter into an agreement.
- There is already a registered right.
Whatever the outcome, problems are created.
Part I. BASIC DOCUMENTS
In accordance with the Civil Code of the Russian Federation, namely paragraph 2 of Article 223, ownership of a real estate object arises at the time of state registration. The parties to the transaction (in this case, the seller and the buyer) must not only state their intention to change ownership, but also provide an agreement and documentation.
To register a real estate transaction, you need an agreement (a copy for each party, including Rosreestr), a receipt for payment of the fee, and the consent of the spouse, legally executed. But during the preparation process, the parties will also need other papers to verify the legal purity of the transaction.
It’s better to start by checking the general package of documents. First of all, make sure that the real estate papers are genuine and not fake.
All documents can be divided into several categories:
- Legal documents. Those that confirm the seller’s rights to the property (for example, an extract, an agreement, a certificate of ownership, etc.).
- Documents indicating the rights of third parties in relation to the apartment. This could be a house register or an extract from it, a registration certificate, etc. Particular attention should be paid to the right of residence.
- Documents evidencing the seller’s financial debts (or lack thereof) in connection with the ownership and use of the property. These include certificates of absence of debts for utility bills, taxes, etc.
- Other documents that will help verify the legal purity of the real estate transaction.
The list can be expanded. For example, if a representative acts on behalf of the seller as part of a real estate transaction, his power of attorney will be needed.
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