The nature of this treaty is very controversial. On the one hand, the law does not restrictions on the provisional sale and purchase of an object such as apartments to be built. However, on the other hand, the essential condition of the sale and purchase agreement (as well as pre-purchase agreement) is subject, in our case – an apartment. And since some very important properties of an apartment to determine from the preliminary purchase agreement can not be (due to the fact that the apartment had not yet built) – for example, the exact area, the exact room apartment – it turns out that the condition is not agreed on the subject of the basic contract, and pre-sale agreement is not concluded, even if it is signed by the parties. 3. Contract of sale flats.
Model similar to the previous page. Used by pik. One of the most risky for the developer models. In accordance with the Civil Code, a contract of sale apartments comes into force upon its state registration. And as the apartment at the time of signing such a treaty has not yet been constructed, then carry out state registration of such contract in the organs of the Fed is not possible. Hence, the sales contract is concluded, even if money paid by him, and the apartment – actually populated. 4. Contract assigning the rights to the individual. Seldom used, but is extremely dangerous from the standpoint of compliance with the law (only for those blocks of flats, building permits are received after April 1, 2005).