Evasion from signing the apartment acceptance certificate

Unfortunately, many equity holders and buyers mistakenly believe that an agreement between the parties, like the act of acceptance and transfer of an object, is a simple formality. This is wrong. Each document plays its own specific role. When conflict situations arise, the contract and its terms become the main argument of the shareholder and significant evidence in court. Today we will talk about the transfer and acceptance certificate of real estate, in particular, we will consider cases when the developer refuses to sign it or insists on signing the transfer and acceptance certificate without making changes to it, which the shareholder insists on.

The act of acceptance and transfer - what is it?

What is an act of acceptance and transfer (hereinafter referred to as APT) and why is it needed? The answer to this question is given in Article 556 of the Civil Code of the Russian Federation. According to this regulatory document, the transfer of real estate is carried out on the basis of a transfer deed, which must be signed by both parties to the transaction. In fact, the seller transfers all rights to the property to the buyer. When purchasing an apartment in a new building, this document is one of the main ones, but when purchasing housing on the secondary market, the APP is often ignored.

Disputes related to the signing of the transfer and acceptance certificate arise both when purchasing an apartment and when the previous owner tries to remove all movable property from it. Sometimes the situation reaches the point of absurdity when the seller takes out not only furniture and household appliances, but even removes sockets, light bulbs, dismantles built-in wardrobes, removes interior doors, takes laminate flooring with him, etc. The acceptance certificate on the secondary market is a document in which specifies which property is to be transferred from the seller to the buyer.

Things are a little different when purchasing an apartment in a new building, when the shareholder has entered into a share participation agreement with the developer. In such situations, refusal to sign the deed may come from both the buyer and the developer. The shareholder refuses to put his signature on the document if significant defects were discovered upon acceptance of the property and the developer does not correct them. And this is the right decision, because the object must be delivered in proper condition. But developers do not sign the act for the following reasons:

  • postponement of the commissioning of the facility;
  • “attribution” by the developer of additional square meters based on the results of measurements of the apartment transferred to the shareholder, not provided for in the project documentation and the contract, with a demand for additional payment;
  • there is no desire to correct the defects identified in the new building and indicate them in the acceptance certificate.

Can a shareholder protect himself from such unpleasant situations? What to do if the developer refuses to sign the document? In such cases, we recommend that you seek the support and assistance of a qualified lawyer. A specialist who works in the legal field will be able to defend the rights and interests of the client, achieve not only the signing of the apartment acceptance certificate, but also the collection of the appropriate amount of compensation for construction deficiencies.

Is it necessary to draw up a separate document for the purchase and sale agreement?

The contract for the sale and purchase of an apartment can be considered completed only after the parties sign the transfer deed for the apartment.

This document confirms the fulfillment of contractual obligations and the absence of claims against each other.

The need for an acceptance certificate is also due to the fact that after the actual acceptance of the apartment from the seller, the buyer assumes all responsibilities for the maintenance, repairs, and utilities of the apartment, as well as the risk of possible destruction of the apartment.

Before the act was drawn up, all these responsibilities were borne, and in the absence of this document, the seller continues to bear them.

The absence of a transfer deed actually leads to liability and financial costs for the seller in the event of a natural disaster or loss of the apartment, and any disputes that arise will have to be resolved in court.

This document plays an important role in case of poor physical condition of the seller. It will eliminate disputes with the heirs about the fact that the buyer has taken possession of the property.

The Arbitration Court of the Central District in Resolution No. A08-6463/2011 dated 01/09/2013 indicated that the absence of a real estate transfer deed entails non-fulfillment of the purchase and sale agreement , but does not cancel its conclusion.

In order to prevent possible negative consequences of non-fulfillment of the contract, it is necessary to include in the apartment purchase and sale agreement a condition on the mandatory drawing up of a transfer deed , and only after it is signed by the parties to make final payments to the seller.

In this case, the act is a separate document - an appendix to the purchase and sale agreement. In this case, the moment of signing the contract and the moment of actual transfer of the right to the apartment may not coincide.

The law does not prohibit the inclusion of conditions in the contract on the transfer of the apartment to the buyer with confirmation of the fact that the seller has fully fulfilled the obligation to transfer the housing.

Transfer and acceptance certificate template

Why draw up and sign a transfer and acceptance certificate at all? This document confirms the transfer of ownership rights from the developer to the new owner. There is no single template for the act, so misunderstandings often arise between the buyer, developer and independent expert. When drawing up a document, three important nuances must be taken into account.

  • The deed must contain information about the developer and the shareholder. Contact and passport details are indicated.
  • The act contains detailed information about the property: cadastral number, address, data on the condition of the property, finishing option, availability of furniture and equipment, etc. All nuances relating to the property must be included in the act. Particular attention should be paid to obtaining an apartment or apartment with finishing and furniture. Often, sellers indicate that they are selling a furnished apartment, set the appropriate price, and after the purchase and sale transaction is concluded, furniture and appliances are not specified in the contract.
  • If, upon acceptance of the apartment, the buyer has any claims, he has the right to record them in the deed. The absence of comments is also indicated in the document. If the developer refuses to eliminate the defects voluntarily, the APP becomes important evidence for the court.

A common scenario is when the APP contains the inscription “considered valid after defects are eliminated.” In this case, the defects are corrected by the seller voluntarily. The period within which claims must be resolved is also recorded in the document. You can also add a clause on monetary settlements between the parties to the act. For example, they often indicate the condition that the last part of the amount for an apartment will be paid after the defects are eliminated and the transfer and acceptance certificate of the property is signed.

Underwater rocks

When buying or selling real estate on the secondary market, the need to sign a transfer and acceptance certificate is often ignored. Failure to draw up this document carries certain risks for both the buyer and the seller. It’s better to do everything right once, spending a little more time, than to then knock on the threshold of a construction company’s office demanding that the shortcomings be eliminated.

  • From the moment of purchase until the buyer actually moves into the apartment, a rather long period can pass. During this time, various incidents often occur, for example, a pipe or sewer burst, as a result of which the designer renovation, due to which the price of real estate increased significantly, turned out to be seriously damaged. The transfer and acceptance certificate is intended to protect against such troubles.
  • Problems often arise related to paying for utilities. In the APP, it is necessary to note from what date the shareholder or buyer becomes the payer. The seller must repay all debts to management companies.
  • Reinsurance against force majeure. Do not forget that such phenomena as fires are possible. Until the APP is signed, all risks are borne by the seller. As soon as the document is signed, responsibility passes to the new owner.

Signing a transfer and acceptance certificate is not a whim or an option, but a requirement regulated by the legislation of the Russian Federation for all real estate transactions.

Buyer's refusal to sign the deed

If the seller refuses to transfer the apartment, the buyer has the right to refuse to sign the transfer deed, fulfill the contract and may demand from the seller, in addition to receiving the previously paid amount, interest for the use of funds .

The buyer may also refuse to sign the transfer deed in the event of significant violations by the seller of the quality of the purchased apartment, in particular, if it is revealed:

  • fatal deficiencies;
  • shortcomings that require large expenditures of money or time.

If at the time of transfer of housing there were no defects or had been eliminated and the seller fully fulfilled his contractual obligations, then he has the right to go to court demanding that the buyer accept the apartment or refuse to fulfill the contract.

Acceptance of real estate from the developer without errors

How to protect yourself from unforeseen troubles associated with signing the transfer and acceptance certificate of a real estate property? There is only one reliable way - to seek help from a qualified lawyer who will accompany the purchase and sale of an apartment. A specialist will come to inspect the property, help you draw up documents correctly, and if any deficiencies are found, he will record them in the contract and deed. When it comes to new buildings, it is important to consider that the developer must deliver the apartment without any serious defects. Defects discovered during the inspection are indicated in the apartment acceptance certificate and are eliminated at the expense of the construction company within a reasonable time. If the buyer signs the deed without indicating the detected defects, he will have to eliminate all the defects himself.

In order to correctly accept the property, when inspecting the apartment, it is necessary to compare its actual condition with the condition specified in the contract. Both internal and external work are subject to inspection. Pay special attention to the following points:

  • quality of the plaster layer, its strength;
  • the condition of the screed (the presence of unevenness, voids and cracks is a good reason for refusing to sign the acceptance certificate);
  • characteristics of slopes and joints;
  • tight fit of window and door structures to load-bearing walls;
  • operability of sockets and switches;
  • condition of heating, ventilation and sewerage systems;
  • analysis of the correct connection of electrical wiring.

All imperfections are recorded on a separate sheet of paper. Representatives of the construction company often fool the buyer, trying to distract them from problem areas and force them to sign the acceptance certificate.

What characteristics of the apartment are reflected in the deed?

The right to premises arising as a result of an agreement is subject to registration.

The Registration Law provides for the need for documents submitted for registration to comply, in form or content, with the requirements of the law.

The legislation does not provide a specific sample for the transfer deed for an apartment.

However, since it is a two-sided document that records the legal fact of acceptance and transfer of housing and is signed by the parties to the agreement, it is drawn up in writing, in duplicate .

The contents of the transfer deed may vary depending on the terms of the apartment purchase and sale agreement.

However, the standard form must at a minimum include:

  • date and place of compilation;
  • passport details of the parties;
  • individual characteristics of the transferred apartment (address, floor, area, cadastral number).

In addition, the act may contain information about:

  • basic characteristics of the apartment (availability of running water, electricity, telephone point, condition of the floor, windows, doors, walls, balcony);
  • materials and quality of finishing;
  • the condition of furniture, plumbing, and other equipment;
  • state of communications.

This document also includes information about the absence of debts on utility bills.

The transfer act reflects the presence or absence of claims of the parties to the transferred property , the fact of settlements made between the seller and the buyer, or the timing and form of full settlement of the transaction.

The legislation establishes that the buyer's acceptance of property that does not comply with the purchase and sale agreement does not relieve the seller of liability for failure to fulfill the agreement.

If necessary, the act may also reflect the buyer’s claims, which the seller undertakes to eliminate within a certain period of time.

sign the transfer deed , since this confirms the agreement of the parties to accept the housing in its current condition.

If witnesses participate in the acceptance of the apartment, their passport details and signatures are also indicated in the act.

Found any shortcomings? Demand their correction

Who fixes the defects? - Construction company. The buyer does not have to complete anything for the developer if this work is provided for in the agreement for participation in shared construction. If the quality of work is unsatisfactory, the apartment does not meet the characteristics specified in the contract, the signing of the acceptance certificate is postponed.

When deficiencies are identified, an inventory of deficiencies, a claim or a defective statement is drawn up for each property. All defects that require elimination are listed in writing. The document must be signed by both parties - the shareholder and the representative of the construction company. After eliminating the deficiencies, the developer invites the shareholder for a new inspection. If everything is corrected, then the act is signed. If the deficiencies are not eliminated or are only partially eliminated, then the inspection report is drawn up again, and it indicates the current construction deficiencies that need to be eliminated in the future. If the construction company refuses to correct the defects, then the shareholder can eliminate them in the future on his own, after which he issues an invoice to the construction company for the amount of money spent.

Everything you need to know about a unilateral act under DDU

Unilateral act of transferring an apartment under the DDU: what is it?

A unilateral deed is a document confirming the transfer of a shared construction project to a shareholder, drawn up by the developer without the participation of the shareholder (unilaterally).
The legislator has granted the developer the right to send, in some cases, a unilateral act to the shareholder in order to protect bona fide developers from unscrupulous shareholders who unreasonably evade acceptance of the apartment in order to increase the penalty for late transfer of the apartment. However, by giving the developer such an opportunity, the legislator also opened a loophole for unscrupulous developers. Some developers are actively using the innovation, sending unilateral acts to bona fide shareholders. We will discuss later in the article how to avoid falling for such developer tricks and what to do if you receive a unilateral act and how to challenge it.

How to avoid a unilateral act from the developer?

By following some simple rules for accepting an apartment or non-residential premises in a new building, you can avoid a unilateral act from the developer, and if the developer nevertheless draws up and sends it, you can challenge the legality of such an act.

  • The first thing you need to know: the developer does not have the right to transfer the shared construction project to you before the house is put into operation.
    Any transfer deeds drawn up before obtaining permission to put the house into operation are illegal.
  • Secondly, the developer is obliged to inform the shareholder about the completion of construction and the readiness of the shared construction project for acceptance.

We will dwell on this notification in more detail, because this is a very important stage in the acceptance of an apartment.

  • The developer sends a notification (notification of completion of construction) to the address of the shareholders specified in the DDU.
    If the address changes, the shareholder is obliged to notify the developer. If you have not notified the developer, then even if you are not at the specified address and do not receive letters, you will be considered notified. Therefore, pay attention to this point: legally important correspondence from the developer arrives at the address specified in the DDU; it is important for you to ensure that it is up to date and regularly check your mailbox. Since the construction of a new building, as a rule, takes more than one year, do not forget to notify the developer properly when moving (by a valuable letter with an inventory of the attachments), keep postal receipts and inventories confirming the sending of letters to the developer.
  • The developer, according to the law, must send the specified message by registered mail or delivered against signature.
    However, the law does not allow changing the method of notification in the DDU. That is, SMS from the developer, calls are not proper notification. The law does not prohibit you from proceeding with acceptance without waiting for official notification, but from the point of view of the timing of acceptance, it is the registered letter that will matter. Therefore, if you only received an SMS from the developer, then the deadline for the start of acceptance has not yet been calculated. But such a call or SMS is a reminder that you need to check your mailbox.
  • An important issue is the period within which the developer must send a notice and the period within which the shareholder is obliged to accept the property.

By law, the developer must transfer the shared construction project within the period specified in the contract (please note that the contract may provide for 2 deadlines: the completion date of construction and the transfer period, in this case we are talking about the transfer period). At the same time, early fulfillment by the developer of the obligation to transfer the shared construction project is not allowed, unless otherwise established by the contract. That is, if the DDU does not indicate that the developer has the right to transfer the object to you ahead of schedule, then he does not have the right to demand acceptance from you before the deadline. But in practice, developers, as a rule, include the right of early transfer in the contract, but in 80% of cases they transfer the object late.

When must the developer send a notice of completion of construction?

The period of transfer depends on how the contract provides for the transfer period.

If the contract only contains a transfer deadline, then the developer sends a letter no later than a month before the transfer deadline specified in the contract.

For example, the contract states “The developer must transfer the property no later than March 15, 2019.” In this case, the developer must send a message no later than 02/15/2019.

If the contract contains not only the end date for the transfer, but also the start date for acceptance, then the developer sends a letter no later than 14 days before the start date of the transfer established in the contract.

For example, the contract states “The period for transferring the apartment is determined by the period of time and is 90 days. The beginning of the period is determined by the calendar date following the expiration date of 90 calendar days from the date of commissioning, but no later than 02/27/2019.” Let’s say the developer put the house into operation only on 02/25/2019, accordingly the period is calculated from 02/28/2019 (if the commissioning date is different, we count 90 days from the commissioning date, if the received date is earlier than 02/27/2019, then the date following it is the start date of the transfer) ). In this case, the developer must send a message no later than 02/14/2019.

Within what period is the equity holder obliged to begin acceptance?

As a general rule, the shareholder is obliged to begin acceptance within 7 working days from the date of receipt of the message from the developer. However, a different period, including a shortened one, may be provided for by the DDU, so check your agreement (if the agreement contains a different term).

If you are unable to proceed with acceptance within the established period, including for a reason depending on the developer (there are no available dates for acceptance during this period or the developer has notified all shareholders en masse to save time, but the object is not yet ready or the transfer is carried out in queues ), send a message to the developer about your readiness to proceed with acceptance with a request to set an acceptance date. Sending such a message will not be difficult, but at the same time it will save you from many negative consequences if the developer dishonestly declares that the shareholder is evading acceptance. As with all official letters, send this notice in a valuable letter with a list of attachments.

The postal receipt confirms the fact and date of sending the letter, the address to which the letter was sent, and the inventory of the attachment confirms what exactly was in the envelope. A postal inventory with the stamp of the Russian Post will allow you to prove that you sent the developer not a congratulation, but a notification of your readiness to accept the object or claim. Therefore, in the inventory, describe in detail the essence of the letter (for example, “a message about readiness to accept a shared construction project under DDU No. ___ dated ____ year). Also, when sending a letter, check on the Federal Tax Service website (in the Unified State Register of Legal Entities) the current “legal” address of the developer, since the developer’s moves are also not uncommon; from the moment the agreement was concluded until the end of construction, he could change the address.

Also, when the deadline for transferring the apartment arrives, if you have not received any letters from the developer, it would be a good idea to send the developer a letter asking to clarify the timing of completion of construction and transfer of the property. From the point of view of the court, the manifestation of activity on the part of the shareholder in letters is evidence of his good faith and desire to quickly accept the property. This letter will be important evidence that the shareholder not only did not shy away from acceptance, but, on the contrary, was extremely interested in receiving the keys as soon as possible.

In our experience, virtually every new building has shortcomings, deviations from building codes or contracts. The question is the price of such shortcomings: in some places less, in others more. As a rule, construction experts find a large number of finished apartments.

When inspecting an apartment, it is necessary to correlate the list of works specified in the contract with the work actually carried out in the apartment; it is worth inspecting: floors, walls, ceilings, double-glazed windows, electrical wiring, heating pipes, water supply, meters, ventilation systems, automatic devices and RCDs, others safety devices. It is advisable to use the help of an independent specialist who will also help identify violations of building codes.

    As a rule, in practice, the transfer of an apartment occurs as follows:
  • After receiving a notification from the developer, the shareholder signs up for acceptance of the apartment (by phone or in his personal account).
  • On the appointed day and time, the equity holder arrives at the property and inspects it. If there are no deficiencies, the transfer deed is signed. If deficiencies are discovered, they are recorded in the inspection report (defect report).
  • After the developer eliminates the deficiencies, a transfer deed is signed.

At the same time, in practice, shareholders are faced with a problem when the developer refuses to sign an inspection report, which records shortcomings in the quality of the transferred premises; this document does not indicate the time frame for eliminating the shortcomings, since otherwise the developer acknowledges their existence and assumes an obligation to address them. correction.

In this case, the shareholder should file a claim with the developer, indicating the identified deficiencies, and send it by mail with an inventory. In addition, if the inspection report on behalf of the developer is signed by a person whose authority you cannot verify (does not provide a copy of the power of attorney from the developer), then we also advise you to play it safe and send the claim by Russian Post to the legal address of the developer. Under such conditions, the shareholder will have evidence of notification of the developer about the identified deficiencies.

Important: The inspection report must be signed by an authorized person on the part of the developer. An authorized person is a person who has a power of attorney to sign such a document. Or at least the seal of the organization. If the developer’s employee does not have a power of attorney or refuses to provide you with a copy of it, then also play it safe and send your comments by Russian Post (often, developers’ lawyers argue in court that “Ivanov,” who signed the act, has nothing to do with the developer).

In the absence of significant deficiencies that prevent acceptance of the apartment and living in the apartment, the apartment should be accepted, and quality defects should be dealt with during the warranty period. The courts pay attention to this: in order not to accept an apartment, the grounds must be compelling, that is, it is impossible to live in the apartment. For other deficiencies, there is a quality guarantee (5 years for the general period, 3 years for technological and engineering equipment); during this period, the shareholder can make claims regarding the quality of the apartment to the developer. If the identified deficiency is significant, then the shareholder has the right to terminate the agreement for participation in shared construction even after acceptance of the apartment.

Also, equity holders often purchase an object with finishing, while finishing work is provided for in a separate contract. In this case, when transferring the object to you under the DDU, you do not have the right to demand that the developer hand over the object with finishing; these are separate works not provided for by the DDU.

Drawing up an inspection report

An inspection report (or a defect report) is a document that records all the shortcomings and shortcomings discovered during the inspection. Based on it, a decision may be made to carry out repair and restoration work by the developer. The construction company must accept the document, even if it does not agree with the claims and requirements. And the correctness of one or the other side is determined by an independent expert.

Ideally, a sample of the defect report should be provided by a representative of the developer. But often this condition is not met. In such cases, the document is drawn up in free form. It must contain the following data:

  • address of the property;
  • grounds for drawing up a defective act;
  • list of shortcomings;
  • deadline for eliminating defects;
  • signature of the shareholder and the developer.

The document is drawn up in two copies: one for the buyer, the second for the developer. After the defective deed is signed by both parties, it is sometimes sent to an independent expert.

The developer must carry out repair work if the following standards are not met in the apartment:

  • uneven walls, maximum permissible deviation – 3 mm per 1 m;
  • the presence of cracks and roughness on surfaces finished with finishing plaster (the presence of such defects indicates the use of low-quality materials or a violation of building codes);
  • supporting structures have visible gaps;
  • slopes and other angles of walls and surfaces are not 90 degrees.

If you buy other real estate objects along with the apartment (garage, swimming pool, parking space), do not forget to inspect them too. All records should be as detailed as possible so that later the expert and the developer do not have any doubts or disagreements.

Buyers do not check public places. Acceptance of entrances, halls and other objects of this type is the competence of a special commission.

How to conduct an inspection?

During the initial inspection (before the transaction), ask the owner for technical and title documents for the apartment. It is necessary to verify the actual address, location of rooms and area. Pay special attention to the redevelopment: it must be registered and reflected in the technical passport.

The least risky transactions are with apartments that have been owned for more than 3 years. If housing often changes hands, this may be a wake-up call: either there is something wrong with the property, or there are scammers at work.

When you go for an inspection, take a notepad and pen with you to take notes. You can write a list of mandatory items to check in advance and follow it. A phone with a flashlight and a small electrical device for checking sockets (for example, a smartphone charger) are also useful.

What you need to pay attention to when inspecting a secondary apartment:

  • District and infrastructure. Even if you are used to traveling by car, make an exception and get to the place by public transport to assess the location of shops and other important social facilities.
  • Yard Find out if there is a parking space, a playground, or a place for trash. Look around the surrounding area to get an overall impression.
  • Presence of non-residential objects in the house. Often shops and offices make renovations without taking into account building codes, damage supporting structures, and cockroaches and rodents escape from public catering into apartments.
  • Walk around the house and look for obvious damage (such as unraveling seams).
  • Entrance. Are there any unpleasant odors, cracks or mold on the walls? Excessive humidity in the entrance may indicate a failure of communications in the basement. And the overall impression should be positive (there are no cigarette butts lying on the floor, repairs have been made, etc.).
  • Check that the elevator is working properly.
  • If the apartment is on the top floor, it is necessary to inspect the technical floor. To do this, you will have to contact the HOA or management company in advance so that this room can be opened for you. Look for any leaks or even holes on the roof.
  • Walls, floor and ceiling in the apartment: is there any mold, traces of water, crumbling plaster, etc. Carefully examine not only open surfaces, but also under carpets, behind pictures and furniture (where possible).
  • Turn on the faucets in the kitchen and bathroom. Find out if there is hot water, what the pressure is and the general condition of the plumbing.
  • Check the serviceability of sockets and light bulbs.
  • Assess the condition of the pipes (if there are any leaks) and find out when they were last replaced.
  • During the heating season, touch the radiators to evaluate how well they heat.
  • Check whether the door and window handles work and whether the locking mechanisms are intact.
  • Smells. Musty air indicates high humidity, which will eventually lead to the appearance of fungus. The smell from pets is another possible nuisance, and it will not be easy to get rid of it.
  • Study utility bills. This way you will not only find out the amount of future expenses, but you will also be able to make sure that there are no current debts. It is also necessary to check the meter numbers and the last readings submitted.

You can learn a lot of interesting things by talking with your neighbors. They will tell you about noisy residents upstairs, problems with the management company and sidewalks that are not cleared of snow.

As a rule, all this is examined at the first meeting. But if you are determined to buy, you can come again. Immediately before the transaction and acceptance of the apartment on the secondary market, you will know about all its features.

Of course, not all detected problems are critical: when purchasing real estate, it is necessary to take into account the possibility of future repairs. In addition, the flaws found will help you reduce the purchase price.

The developer's guarantee is your right

The construction company must provide a guarantee for the project. Typically, the warranty period is three or five years. The relevant information is entered into the APP. The guarantee comes into force from the moment of acceptance of the property. Its main goal is to protect the buyer from unforeseen situations, as well as from defects that are difficult or impossible to detect during the acceptance of the apartment. Such shortcomings include:

  • insufficient thermal insulation;
  • the presence of drafts in the apartment;
  • cold heating radiators;
  • reduced pressure in the water supply system;
  • problems with the hood.

As soon as the owner discovers defects, he should immediately report them to a representative of the construction company. Failure cases are quite common. In such situations, it makes sense to contact a professional lawyer and demand compensation for damages either at the stage of pre-trial settlement or in court.

Legal support

Are you going to view the apartment? It would be a good idea to enlist the support of a qualified specialist. Lawyers know what points to pay special attention to. They are also aware of what methods a developer’s representative can use to hide shortcomings and refuse to correct them. The advantages of professional legal support are obvious. An expert will not allow you to hide any shortcomings.

The competence of a real estate lawyer includes the following work:

  • participation in inspection of the apartment;
  • thorough examination of the share participation or purchase and sale agreement;
  • drawing up a defect report in which all shortcomings and defects are recorded;
  • sending written complaints to the developer with a requirement to eliminate defects as soon as possible;
  • collecting evidence and preparing documents to submit to court in the event of a construction company’s refusal to eliminate deficiencies.

The presence of a lawyer when accepting a property will protect you from various troubles. A professional approach is a guarantee that the transfer and acceptance certificate will be signed on time by the developer, who will first eliminate all shortcomings. Otherwise, the specialist will file a lawsuit and represent the interests of the shareholder. With a competent approach, there is a very high chance of achieving not only the elimination of shortcomings and signing of the APP, but also the payment by the construction company of compensation in the form of damages, a proportionate reduction in the value of the property and penalties.

Developers who paid penalties to our clients

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