Assignment of an apartment in a new building. Pros and cons of acquiring new housing under a contract of assignment

In the last decade there has been an active development of the sphere of housing construction. In addition to the housing itself, the object of sale and purchase transactions can be the right to real estate in a newly built house. There was a new kind of investment - the purchase of apartments in new buildings at the initial stages of the erection of buildings. Sale of apartments in new buildings in this case is possible and under the contract of assignment.

Assignment - what is it?

A person who concludes an equity agreement with a construction company receives primary rights to real estate that can be transferred to a third party.

What is the assignment of an apartment in a new building? This concept is called a deal to transfer these rights. Also it is called a cession. The parties to the transaction - the seller and the buyer - are, respectively, the assignor and the assignee.

The third party here is the company-developer, since the contract of assignment of the apartment involves the transfer of rights and obligations in its relation. After registration of the contract all disputable moments assignees will solve with the builder. A feature of this type of sale of real estate is that the transaction can be made before the housing is put into operation and the acceptance certificate is signed. The cession agreement is valid until the new building is legally put into operation.

Assignment of an apartment in a new building: types

There are two types of transactions for the assignment of real estate.

The first type is based on the contract on equity participation in the construction of a residential building. The assignor has the right to sell housing only after it has fully paid for it. In practice, there are also situations when the buyer is given obligations to pay the debt. Until the commissioning of the house, such contracts can be concluded more than once.

The second type is based on a preliminary contract of sale. The rest of the debt is transferred in full to the buyer. This type of transaction does not fix the transfer of real estate from the seller to the buyer. The meaning of the contract is that in the future, the parties are obliged to issue a contract of assignment. If the contract is terminated, the paid money will be returned to the buyer.

Construction companies are categorically opposed to signing such contracts for several reasons:

• To exclude the possibility of further resale of real estate.
• Investors sell apartments at lower prices.
• Re-registration of rights is a time-consuming and time-consuming process.

Processing process

The assignment of an apartment in a new building is a multi-stage process for both the buyer and the seller.

The seller needs:

• Notify the building company about your intention.
• Get an official agreement from the developer (for issuing permission the company takes a lot of money).
• Get a certificate from the developer on the absence of debts.
• Receive an extract from the Unified State Register.
• To issue a notarized consent from the spouse for the sale of real estate.
• Obtain an official confirmation from the bank about the repayment of the debt.

From the buyer it is required only to issue consent from the spouse for the purchase of housing, and then to sign the contract of assignment of the apartment. The sample is usually available from the developer, and it can also be downloaded free of charge on the Internet. The contract is concluded at the office of a construction firm or in a law firm. Registration can be carried out in any MFC or in the subdivision of Rosreestr. At the time of entering into the contract, the presence of the representative of the registration authority and both parties to the transaction is mandatory. Also the seller pays the state duty for the registration of the document. Within 10 working days the contract is registered.

Important points

Sale of apartments in new buildings under the contract of assignment at a glance seems to be a simple and understandable procedure. There are moments that should be given special attention.

Without a third party, specifically a builder, a deal can not take place. If an apartment is sold for a mortgage, it is also necessary for the creditor bank to participate.

A construction company may require the seller to pay quite a large percentage of the transaction. Unfortunately, such arbitrariness can not be fought, since such actions are not regulated by law.

The property being sold must not be encumbered.

Risks

The transaction is considered generally safe, as it is carried out under the supervision of the state registration authority. However, there are risks for the buyer.

In the contract it is necessary to indicate the full cost of the apartment. In the event of claims, the specified amount is returned to the buyer. If the document does not specify the amount of the transaction, it is recognized as invalid.

The same apartment can be repeatedly sold by assignment, so you need to familiarize yourself with the entire history of such transactions. The assignment contract does not need to be registered. The transaction will be safe if you register it. Payment is made after receipt of the package of documents by the buyer.

Usually, after the rightholder learns about the insolvency of the construction organization, the sale of the apartment is to be effected by assignment. In this case, the buyer will not be able to regain even a part of the paid funds in court.

The assignment of an apartment in a new building is considered void if the seller has not provided an extract from the bank, written permission from the bank and the developer, as well as undervalued real estate value. The transaction is also invalid if the contract is signed in the period when the developer is officially declared bankrupt.

Is it possible to put in the contract a "back number"

Assignment of rights to real estate is impossible after the acceptance certificate has been signed or when the sale transaction has already taken place. Sale can be carried out when the seller has already obtained ownership of the housing. Often, between the surrender of property and the acquisition of property rights, a significant period of time passes. Before the primary investor gets an apartment in the property, he can transfer his rights - to rewrite the documents hindsight. If a cession is made under a contract on share participation in construction, you can change the date on the act of acceptance and transfer. In the case of a preliminary contract, you can change the date of the conclusion of the main document.

Taxation

The assignor, according to the Tax Code, must pay tax on the sale of real estate. At the same time, an income tax of 13 percent is levied on the amount that is the difference between the cost of housing in the DDU and the assignment. For example, if an apartment is purchased from a builder for $ 2,000,000, and sold by assignment for 2,100,000, the tax is levied at 100,000. Accordingly, you must pay a tax of $ 13,000.

pros

Buying an apartment by assignment is one of the modern types of investment. At the initial stages of the construction of the apartment are sold at a lower cost (sometimes 5-20% cheaper than the company), rather than in the finished house. Thus, this is one of the opportunities to save on the acquisition of housing.

For persons who have concluded an agreement on equity participation, the assignment is the only option not to lose the invested money in case of unforeseen circumstances, and he wants to return them. Termination of the DDU is fraught with penalties from the developer. In addition, the assignment gives an opportunity to make a profit.

Minuses

The obvious drawback is that the seller requires a large amount of documentation. In addition, most of the documents must be coordinated with the bank and the developer. The developer may demand a solid interest for the issuance of his consent.

For the buyer, a cession can turn into a fraud, since the DDU can be declared invalid by the developer. Then the cession automatically becomes invalid. In order not to be deceived, you will have to spend a considerable amount of time studying and verifying the documentation. It often requires the help of qualified lawyers, which involves certain material costs.

The assignment of an apartment in a new building is a process that has many "pitfalls". If you are going to buy real estate in this way, the right step will be to contact a lawyer specializing in such transactions.