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).

One of the essential conditions of the loan agreement, which must be clearly written out in the contract, and that the court should pay attention to is the payment of interest on money received on credit. Interest is paid by the borrower for the use of credit by its nature is the contractual payment for the use of funds, not the penalty, which is not the only way to ensure the fulfillment of obligations, as well as a form of civil liability. When no ban use of foreign currency as a means of payment, subject to the requirements of currency legislation, it can not be grounds for declaring it invalid, and to conclude such contract, the party finds the conditions under which he is, and hence on their own at the time of receipt of funds determine for themselves the rules of future behavior, which then have no reason to change at the request of either party.

In addition, section 3.8 of the Rules of granting Ukrainian banks of information about consumer credit conditions and the total cost of credit, approved by the Board of the National Bank Ukraine May 10, 2007 168, provides that in case of a loan in foreign currency, banks are required when signing a credit agreement to warn consumers that the currency risk in fulfilling obligations to this contract is the consumer. On Explaining the borrower information about possible currency risks before entering into the agreement referred to in Art. 11 of the Law of Ukraine “On Protection of Consumer Rights.