Construction company Guarantee Stroy bankrupt. LCD Ramensky (LCD New Ramensky). Recovery of penalty under the contract of equity

LCD "Ramensky" Located near Moscow, 27 km from the Moscow Ring Road.

Initially, the construction company "Warranty-Story" was originally developed by the developer and developer, but at the end of 2017 it began to recognize it with bankrupt. The construction is transferred to FGC leader.

Residential complex "Ramensky" It is 19 residential buildings height from 19 to 22 floors on the territory of more than 12 hectares. Housekeeping technology - reinforced concrete monolith.

Initially, the project was engaged in the developer "GuaranteeSynenvest", which was unable to fulfill its obligations to shareholders, and 10 of the 19 corps remained unfinished. The initial duration of commissioning facility was scheduled for the end of 2015.

At the end of 2017, the State Committee of the FGC has committed itself to complete this project, concluding a tripartite agreement between the Ministry of Construction Complex of the Moscow Region and the Group of Companies "Warranty-Stroy". GK FGC acts by the investor completing.

New terms of delivery on the buildings of the LCD New Ramensky (completing FGC leader)

  • Case 9 (Saddan) - 4 Quarter 2018 (Original 4 Quarter 2014)
  • Case 10 - 4 Quarter 2019 (initial 3 quarter 2016)
  • Case 12 (Saddan) - 4 Quarter 2019 (Original 1 quarter 2016)
  • Case 13 (Saddan) - 4 Quarter 2019 (Original 3rd quarter 2016)
  • Corps 14A - 4 Quarter 2019 (Original 4 Quarter 2017)
  • Case 14B - 4 Quarter 2019 (Original 4 Quarter 2017)
  • Case 21 (Saddan) - 4 Quarter 2019 (Original 1 quarter 2016)
  • Corpus 24a - 4 Quarter 2019 (Original 4 Quarter 2017)
  • Corps 24B - 4 Quarter 2019 (Original 4 Quarter 2017)
  • Corps 24V - 4 Quarter 2019 (Original 4 Quarter 2017)

Corps reduced earlier warranty:

  • No data 1-4 data
  • Case 5 - 2 quarter 2013
  • Case 6 - 2 Quarter 2013
  • Corpus 7A - 4 quarter 2014 (Was moved to 1 quarter 2016)
  • Case 7B - Q1 2016
  • Corpus 8 - 2 quarter 2013

Apartments in the new building "Ramensky": area from 35 to 78 sq.m., surrenders with draft trim. Configuration - from 1-room to 3-room.

Infrastructure of the new building "Ramensky": Own school per thousand students, shops, hairdresser, fitness center, underground parking lots, playgrounds, video surveillance, digital telephony.

Location of the complex "Ramensky"very successful - near the Park of Culture, Forest Park, Borisoglebsk Lake, Saturn Stadium and Pool.

How to get there: On the electroichka from the Kazan station, on the high-speed express "satellite" (25 minutes), by bus or route taxi from the metro station "Vykhino".

New buildings nearby: Sunny LCD (Ramenskoye) (problem project), LCD dozen (on time, 4kv2020), LCD Ramenskie alleys (LCD birch grove, LCD birch grove 2) (long-term) and others.

Events LCD New Ramensky

January 2018: Bankruptcy business warranty is underway. Dallers who bought apartments until 08/30/2017 are asked to go through the necessary participation in the bankruptcy procedure. The construction is renewed by the new developer of the FGC leader who plans to pass the 9th Corps in the 3rd quarter of 2018, and the remaining buildings in the 4th quarter of 2019.

October 2018: FGC "Leader" announces the commissioning of the corps number 9. In total, the house of 586 apartments of 26.4 thousand sq.m.

December 2019: FSC GC put into operation 12, 13 and 21 housings in a residential complex. At the moment, 4 out of 10 buildings are completed and commissioned.

February 2020: For the remaining buildings - the transfer of time. Enter at home are planned in 2 and 3 quarters of 2020.

Dear shareholders! There is another post! This is due to bankruptcy. The questions increasingly began to flow, whether we will act consolidated after the introduction of the observation procedure or each for themselves. Immediately we want to say that we cannot agree anything to anything, but I think everyone agrees that it will be better for everyone if we act together. What the initiative group will do after the introduction of the observation procedure: first, we will notify all ROO shareholders about all the stages of the bankruptcy process. We ask you to pay attention to the word "notify", and not "give advice how to act", this is the area of \u200b\u200bjurisprudence. What options at the shareholders how to act, getting from the game. 1. On your own in the register of creditors, enter the process yourself to go to the vote and defend your rights. 2. Hire a separate lawyer who will do everything for you by proxy. Also, quite often began to appeal to the acclaims with a request to advise the lawyer, especially those who live far. Many shareholders of our LCD, especially those who have already become a victim of foul lawyers who gathered money from them, but who did not give a single result, refer to the decisions of various recommendations. We did not want to be accused of imposing services. We intentionally recommended to refer to lawyers you trust. However, the situation was formed when the consultations are no longer enough, you need your presence in court or your representative. And many people had a problem in the fact that they do not know anyone in Ramensky, the more they do not know who to trust. We still do not impose anyone to anyone, but since the shareholders themselves ask for help, today we objectively describe the situation and tell you who helped us throughout the year. We received one-time paid services of various lawyers, but the most valuable advice and help were from those who deal with us for free. Of course, many shareholders got acquainted with our assistant lawyers at the first rally. We knew that it would be at once a massive event about 400 people. They fully supplied us with all the necessary documents to the preparation of the rally, consultations and references to the laws. You can not imagine how much it is when it has shifted from a dead point who wants us to "lead" (as they like to say). Sometimes they offer "help" those lawyers and politicians who said a year ago that we are naive saints, if we hope for something. It is not able to solve anyone. Some offered to try to help for 500,000 per month. Now they offer the same "maintenance" for some unrealistic money, they themselves cannot explain what specifically. The problem began to be solved. Yes, there is still a lot in front of difficulties, but now LCD Ramensky, for many it is an opportunity to regain. For example, to hold a "free seminar" for the shareholders, make spectacular photos as they greatly helped the shareholders, and if you're lucky, then join the process, imposing a bunch of additional unnecessary services, and then until the end of your life shout that this thanks to them completed the LCD Ramensky. All this we have already passed. We no longer want to fall into shocks from reports of shareholders who write that they are offered by Ramensky lawyers to recognize ownership in the object of unfinished construction for 85 tr. We no longer want to listen to grandmothers who call and tell the game how they promise some lawyers for 35 Tres to squeeze a penalty from the GS. In this regard: if you have fundamentally decided to hire a lawyer, and not engage in the bankruptcy process yourself, do not know who to turn and want advice from us, then we recommend to turn to lawyers in which we are confident and sure that they are with You will never take extra money and do not impose unnecessary services. These are the people who delve into our situation and helped, when no one wanted to listen to us, which we were defended and supported on round tables, meetings in the government, represented our interests at a meeting with FGC leader. They do not need to delve into the problems of our long-term with Azov, because We started to understand all the subtleties together, they are already aware of all the features of our situation. Vladimir Zaitsev https://vk.com/vmz80 Artem Pechenkin https://vk.com/assonwheel The cost of maintaining the entire bankruptcy procedure for those who appeal to them for the first time 8,000 rubles the cost of maintaining the entire bankruptcy procedure for those who highlight them to a share in the object of unfinished construction - 5000 rubles. To begin with, decide whether you have your own lawyer or you yourself will go to all meetings, meetings, etc. Communicate with lawyers, check the cost of their services. Who decided on the information if you need a lawyer's services to your curators, they will draw up lists. After the introduction of the observation procedure, they will be pretended to have each information about its start. You can begin to make a power of attorney and pass by curators, because After turning on the monitoring procedure to you (or your lawyer, if you enter into an agreement with him) you will need to stand in the register of creditors in the daytime. The form of a power of attorney that you need to do with the notary, you will also send the same curators. And yet, inadequate with replicas of the type - you sell the services of lawyers or - you bought GS ... You may not even bother comments, just sit on and do nothing. Now a little about the bankruptcy procedure itself. In accordance with the current legislation, when introducing observation in the relations of the developer, the shareholders are obliged to enter into the register of creditors on the transfer of residential premises of the debtor. As practice shows, depending on the position of the judge, the registry can be submitted either from the date of publication in the merchant information on the introduction of observation, or from the date of publication of the definition of the introduction of the rules 7 of the paragraph of the Law on Insolvency. To minimize the risks to submit better from the moment of publication in the merchant and do not wait for the introduction of 7 paragraph. At the shareholders so that their requirements are considered in observation will be the opportunity to submit documents only within 30 days. The RESTRACK RESTRIBER RESTWAYED by submitting an application to the Moscow Region Arbitration Court. If the lolshler is late in 30 days, the court takes his application, but is already considering in the next stage of bankruptcy - competition. If the scalel does not fall into the registry at all, he does not get an apartment. Upon joining the registry, the shareholder receives the right to participate in decision-making voting. For example, when moving from the observation stage in the competition - up to the change of the temporary manager and the appointment of its competitive manager. This is very important, so it is necessary to submit documents to the register at a 30th time term. Now you have a choice in the same way: to recognize the right to a share in the object of unfinished construction or not to do this. I constantly receive questions to members of the IG on this issue. Please do not ask more this question IG, because The answer to it is not in our competence. The answer is on this question: this decision is made independently with the lawyers with whom you will work. A big request from the IG to those who will be included in the register of creditors independently or with their lawyers: do not apply before the information will be published in the Kommersant newspaper !!! In order to understand more Thoughts and priorities of shareholders, we ask everyone to vote in the survey!

LCD "Ramensky" (the developer - the company "Guarantee-Stroy") covers an area of \u200b\u200babout 12 hectares, it is located in Ramenskoye, 27 km from the Moscow Ring Road to Novoryazanskoye Highway and 10 minutes walk from the Factory station.


On the territory of the LCD it is planned to arrange children's playgrounds, parking (including one underground) and green plantings. The developer itself is positioning the LCD as a microdistrict "Business Class", but the price keeps at the mass market level.

Pre-exploration


The site of the developer company (http://www.gsestate.ru/) is rather concise.

The company's story, a list of objects (under construction and donated), LCD plan, house information, contacts. The company's history, by the way, is painted in very detailed. Personally I was impressed, for example, the fact that the "warranty-system" participated in the construction of the Triumph Palace complex.

Project Declarations on Ramensky (they are for some reason in the "Press Center" tab) Very much and, if desired, you can familiarize yourself with all the stages of the statement of the development plan.


Of the minuses: No prices, there is no list of apartments put up for sale. With some difficulty managed to get to the pages with layouts (for each building such a page is its own). Since the planning "drew", apparently, different designers, according to some scheme buildings, came out unsuccessful, mainly due to the font solution.


According to other buildings (for example, 14a: http://www.gsestate.ru/object/ramenskiy/korpus-14a/?mode\u003dplans) With floor plans, everything is fine: you can increase and consider everything in details.


In order to learn prices, I had to study sites-aggregators of real estate sales information. If you want to get the information "first-hand", and not with third-party sites, then for specifics - welcome to the sales office.

Looking ahead, I will say that in the office you need to not forget to take a booklet: to use it much more convenient than the site.

Intelligence fight


It was not possible to reach the office of sales in Ramensky from the first and second time - the room was busy. Since I was still going to ride and look at the LCD "Virusy", went to the office without a prior call.

The most convenient way to get to the LCD Ramensky is an electric train (travel time from Kazan station to the factory station - about an hour, the fare will cost 102 rubles.). From factory to new buildings, you need to go on the street. Mira, the distance to the LCD - less than a kilometer. The sales office is on the approach to the microdistrict.

Immediately, I note that the city of Ramenskoye made a very favorable impression on me. Renovated old houses neighboring clean new buildings, the roads are not bad, the courtyards are well-groomed, everywhere small svverings, playgrounds, many shops. The farther from Moscow, the less urban planners are interested in a residential building or a shopping center for each square meter. In Ramenskoy, wide streets, large spacious courtyards and therefore does not arise the feeling of crampedness, so characteristic of the big cities.





Nearby - kindergarten, stadium, swimming pool, svmerika, immediately for "Ramensky" there is a large forest park. On the one hand, the LCD is a rather extensive private sector.



What is offered


In the sales office, prices for apartments pointed to me quite concrete (practically to the ruble). However, according to the manager, and the availability of apartments and their cost can change, therefore, for each option, you need to call and ask separately. Also, the cost of apartments of the same area may vary depending on the floor.

Those who choose 100% payment, receive a discount, which in each case is negotiated individually.

In general, the price line LCD "Ramensky" looks like this:

All apartments are rented without decoration, there is glazing windows and loggias, electricity wiring to a shield, waterproofing screed in the bathroom.

Now there are five buildings, four of them are monolithic-brick, and one (body 10) - monolithic with ventilated facades (I will make a reservation: on the site all houses are declared as a monolithic brick with a facing facade Rosser system, but the manager claims that 10 corps - an exception).


Case 10, Section 7


Corps 24a, 24B and 24V are planning to pass by the end of 2017, the building 10 is most likely, at the beginning of 2017 (under the contract - III QV 2016, but the delivery of houses, as a rule, is discarded, they speak directly in the office). Presentation of the State Commission of the Corps 14a is planned for the second quarter of 2017. By the way, about delays: according to the FZ-214, for each day of delay, the buyers are paid by pencils, taking into account the refinancing rate of the Central Bank. Personally, I assume that the deadline for the end of construction of the entire complex is not called not 2017, and 2018 it is precisely because of the construction delays even the developer himself believes inevitable.


Cases 10 and 24a

Four more buildings are in different stages of readiness, but apartments there are almost all already sold.

Corps 24a, 24B, 24V - the so-called "towers". Planning in them are identical.

It is worth noting that quite a lot of apartments have already been sold, so before "falling in love" into some kind of layout, it is better to know if you were ahead of "competitors". So, one of the most curious, in my opinion, apartments - "Two" with a pentagonal kitchen in the corner section of 10 cases - it turned out to be unavailable for purchase: all such apartments have already dismantled. However, "odnushki" remained with unusual pentagonal living rooms.


In general, apartments in all houses are quite successful: the hallway from 4 to 10.5 square meters, quite large loggias (some - in three-bedroom apartments "Towers" - up to 9 sq.m.), interesting planning solutions. Some apartments provide storage rooms and wardrobe.

Some premises can be combined to, for example, from two small rooms to get one large with practically panoramic glazed. Lovers of bright rooms will surely like "doubles", where in the living room two windows.


All houses provide wheelchair rooms and premises for the concierge on the first floor.

As for the apartments themselves, it is not possible to see them: all the houses offered for sale are in the construction stage, and the entry to the construction site is prohibited. However, you can walk along the already built buildings and see how the entrances, staircases and transitional loggia look like. In the entrances (due to the fact that the residents of the LCD plan to change the control company), until there is no concierge, the entrance is free.

As for parking, in the courtyard 10 of the corps underground parking is built by about 150 parking space, they can either buy it somehow (the price is promised in the area of \u200b\u200b800,000 rubles), or rent.

In the meantime, tenants are in the parking lots in the yard. By the way, such parking spaces in the LCD provided quite a lot, especially if we compare with the bedrooms of Moscow, where for each square meter of the land, the tenants are literally "fighting".

How to buy


Cases 24 a, b, in

Conditions for the purchase for different houses - different.

Apartments in the tower buildings (24a, 24b, 24v) are available for purchase for cash, in installments and in the mortgage. Registration - DDU (FZ-214). Mortgage lending to this LCD is engaged only by Promsvyazbank, at the Ramensky's sales office ready to provide direct contacts of the managers of this bank to which you can contact questions.

In the buildings 10 and 14a, the mortgage is impossible, at home is not yet accredited by banks, only installments are: the initial contribution is from 30%, the installment is given for a year, it is possible to redeem early.


Cases 24 A, B and Gymnasium

And one more nuance - apartments in the building 14a are not issued on DDU, but according to the preliminary agreement (it is not registered in the Reg. Chamber). DDA, according to the developer, should be expected by the end of summer. The text of the preliminary agreement itself was given to me in the sales office, so that it could be carefully examined and, if necessary, consult with a lawyer. The contract seemed quite clear to me, although, of course, some moments (for example, what does the expression "Wooden (metal) entrance door mean) I would try to clarify in advance. For refusing to execute the contract on the buyer's initiative, the document provides for a penalty of 7 percent. The rejection of the developer from the execution of the contract is not provided.


Case 14A.

Since houses are monolithically brick, the final area of \u200b\u200beach apartment will be spelled out after the measurements of BTI. After that, the difference in the square compensates either the developer or the buyer at the price at the time of purchase.



As for the DDU treaty, it is possible to see it only "in place", that is, in the office of the developer.


What they say


Case 10.

The sales manager advised me to go to the House of LCD Borisoglebsky (he also built a guarantee-block company) to assess the inner finish. I did not give up this opportunity and looked at the Borisoglebsky LCD (it is right behind the sales office) and in one of the houses of the LCD Ramensky and compared seen.



Finish in the homes of both complexes, indeed, it turned out to be almost the same, in a slight exception. In the entrances of the LCD Ramensky, despite the fact that at home for almost two years, the ceiling panels have not yet been mounted.

Instead of ceiling - a grid of metal fittings. However, the manager explained this by the fact that the ceiling panels are not installed until all residents do repair. Since these white panels, cement dust and paint can leave on them inside the traces, so that they are better to mount them when all the "dirty" works will be completed.



The "Protected Territory" website was also provided only nominally. There is a fence, barriers and booths of guards, but there are no security (according to residents) for several weeks, the barriers are raised, all wickets are open. However, I suppose that the guilt of the developer is not here: the premises for protection and fences are available, but how they are serviced - there are questions, rather, to the management company.



At the playground, I talked with the tenants of the LCD already populated houses.


According to them, with the first quarter of the neighborhood there were serious delays: the construction of already paid apartments had to wait for almost six years. Compared to the first queue, the following are built much faster: the monolithic "skeletons" of houses will be elected literally in their eyes.

Regarding the quality of the walls, windows, communications at the tenants, the reviews are mainly positive. In winter, in the houses warm. Separately praise planning: unusual, some apartments are pretty spacious balconies, more similar to the terraces.

There is a minus (I think that you have decided to buy an apartment in this LCD it will be necessary to find out more details): HOA, which serves at home, is quite large amount for electricity, therefore, short-term, but regular electricity shutdowns occur in apartments. At the booth at the entrance to the LCD hung an announcement of the launch of the launch of hot water due to debts for housing and utilities services. The reason for such measures is reduced to the fact that many apartments are simply not populated, their owners do not pay for a communal service. Whether these measures will touch the tenants not yet built houses, who will manage new buildings - the question is still open and deserves a separate study.

As for the location, then the leadership of tenants only confirmed my observations. The area is very comfortable, around many shops, near the stadium, park, lake, gymnasium, kindergarten, clinic, market.

A separate plus is the step-availability of the railway station (Novoryazanskoye Highway, as a way to move to Moscow, local residents called not the most convenient, while driving more quickly).


By the way, on the developer's website there is a page with reviews about the LCD (http://www.gsestate.ru/responses/ramenskiy/), where you can get acquainted with the opinion of residents and potential buyers, as well as with questions that arise from those who are waiting your apartments. True, the page itself is organized rather strange - in the form of a "bulletin board", and there are no answers from the developer to buyers there. But at least the list of problems that worry the tenants is visible.

Given the "humane" prices, the neighborhood seems to me quite attractive to investment. But, of course, before buying, all guarantees and risks should be appreciated: the construction delays of the first stage cannot be confused.


First, Ramensky is a "closed" territory, a kind of town in the city. Secondly, the perimeter of the LCD is designed and premises for shops, medical offices, beauty salons, cafes and children's developing centers are designed. Thirdly, in the territory of the LCD "its own" gymnasium, to which the tenants of any of the houses should take a maximum of five minutes. And, finally, the engineering "filling" of the housing: according to the assurance of the developer, in each house there are high-speed luxury elevators, there is a fire extinguishing and fire alarm system, digital telephone lines have been carried out. In general, this gives "Ramensky" some signs of "elios", but, of course, you won't call it a full object of the business class, moreover, the cost of a square meter is not very different from the mass market.

Summary


I really liked the city of Ramenskoye, and if it were not for remoteness from Moscow (after all, an hour on the train), I would probably wanted to live there. Location LCD Ramensky - more than a successful, all infrastructure (shops, beauty salons, cafes, snack bars, residential services) already have both around and in the LC itself. The microdistrict is pretty and, I want to hope, at the end of construction will be landscaped according to the promises of the developer.

Now the populated yard looks well-kept: good tile, high-quality asphalt, beautiful playground, lawns, benches. However, I was confused by the shortcomings in the entrances: before taking the final decision on the purchase, I would definitely achieve from the developer of information (and guarantees!) How everything will look by the time when at home will be handed over.

Section:

The refinancing rate was changed twice during the period of delay in the transfer of the apartment. What bid should be used in the formula for calculating the amount of the penalty?

Recovery of penalty for DTU

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

How to find out in which banks the developer has an account for submitting an application for the recovery of funds by the court decision.

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

How much can the amount of penalties be reduced under the contract of equity participation in court on the basis of Article 333 of the Civil Code?

Recovery of penalty

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

Dear lawyers, how to be? In the DDA contract, the developer prescribed the court in which the disputes will be considered. But everyone understands that this court refuses to go right and left. How to proceed?

LCD "Ramensky"

Section: Penalty with warranty-system (OSN.214 FZ)

Please tell me the developer asked to sign an agreement on the transfer of deadlines. I did not know that I could not recover a penalty. After signing this agreement, the timeline is violated for the second time. For what period of time, I can recover money.

Recovery of penalty with developer for DTU

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

In which court you can contact if the developer in the contract indicated a specific urban city?

Recovery of penalty with developer for DTU

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

The developer suggested signing the act in June. I signed and handed it in the hope that they would register the right. To date, the act is not signed. How do I go to court?

Recovery of penalties from the developer

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

By calculation, the amount of the penalty is exceeded 2 million. Pay state I do not want a duty. Are there any rules who liberate a person from paying states?

Recovery of penalty

Section: Penalty with warranty-system for DTU in LCD "Ramensky" (OSN.214 FZ)

And you can get a penalty from the developer in the event that the developer can unilaterally change the transfer of the apartment of shared construction?

✔ On receipt of a penalty from the developer (without termination of the contract) with the nearest metro, namely how to calculate the penalty for DDU? As for the sample of the application, it can be easily found on the Internet. One of the chic sites on this issue can be considered to be the resource Vseiski.ru, where you can find almost any document compiled and with all the necessary explanations. Having studied a few of them, even a simple person will understand how to competently write a lawsuit. If you have a familiar lawyer, it is desirable that he checked the application and the list of attached documents. This is a very appropriate measure. . Customer Rights Protection Services: The Metro and our lawyer will receive you in Moscow or will go to the subway.

Penalty of 214 ft

For the most positive effect on the recovery process, it will be better to turn to professionals. Lawyers of the company Inok are ready to provide you with qualified assistance for any disputes with the developer. With the nearest metro, namely, the shareholder can send a letter to the developer with a requirement for the recovery of a penalty, as in the event of an apartment (signing an act-reception of the transfer of an apartment), and in the case when the residential premises have not yet been received on the act. The last option applies, among other things when the house is not even commissioned and the developer cannot transfer the apartment. As for appeal to lawyers, it is worth remembering that the level of higher education today in Russia below the plinth, and a person who trumps the status of a lawyer and a bunch of diplomas may be a banal halverist. Therefore, if necessary, it is necessary to apply only to a proven lawyer, which has good reviews from people who have been at the reception (orient to the Internet is not worth it). . Customer Rights Protection Services: The first instance process will take an average of 2-3 months. The first meeting is an interview of the parties and preparation for the proceedings, then the usual meetings. If the developer wants to tighten the trial, he will begin to attract various third parties to the trial, by one or another reason, to ask the court to postpone the trial, etc. etc. You need to convince the judge that all these actions are aimed exclusively for tightening the trial, otherwise you can judge for a very long time. By penalties of 214PH and the metro and our lawyer will take you in Moscow or will go to the subway. 6. Other court costs under Art. 15. Civil Code of the Russian Federation: "The person whose right is violated may require full refund of damages caused to him if the law or contract does not provide for damages in a smaller amount. Under losses are understood by the costs that the person whose right is violated, produced or should produce to restore the violated right, loss or damage to its property (real damage), as well as non-trained income that this person would receive under normal civil turnover conditions if His right was not broken (missed benefit). " with the nearest metro, namely a copy of the passport of the shareholder; As for appeal to lawyers, it is worth remembering that the level of higher education today in Russia below the plinth, and a person who trumps the status of a lawyer and a bunch of diplomas may be a banal halverist. Therefore, if necessary, it is necessary to apply only to a proven lawyer, which has good reviews from people who have been at the reception (orient to the Internet is not worth it). . Customer Rights Protection Services: By penalties of 214 FZ and the metro and our lawyer will take you on the territory of the Moscow region or will go to the subway.

Calculation of penalties of 214 ФЗ

with the nearest metro, namely the transfer period is addressed to the deadlines for commissioning. In this case, the contract indicates the period during which after receiving permission from local authorities to commissioning, an apartment is transferred. An example is "the transfer of the object of equity construction - 4 months after receiving the developer to commission an apartment building, according to the date of its signing by an authorized officer, but not later April 30, 2016." In this situation, the penalty can be calculated from August 31, 2016. . Customer Rights Protection Services: Information on the dates of the meetings is known at the very trial or the assistant judge on his phone. On the site of the court for the name of the plaintiff and the defendant in the section "Judicial Document Production" also sometimes place this information. According to the calculation of the penalty of 214 ФЗ and the metro and our lawyer will take you in the Moscow region or will go to the subway.

Recovery of penalties of 214 ФЗ

Calculation of a penalty with a delay in the developer of real estate transfer terms Pay attention! With the nearest metro, namely, the formulation of the deadline for the transfer of a residential object may also differ in contracts. Consider some options: methods for the recovery of a penalty from the developer - the practice of drawing up a statement of claim. Customer Protection Services: The method of calculating the amount of the penalty under the contract of equity participation is provided for by the legislator in Article 6 of Federal Law No. 214-FZ. By recovery of penalties of 214 ФЗ and the metro and our lawyer will take you in the Moscow region or will go to the subway.

Calculator penalty 214 ФЗ

Calculation of a penalty with a delay in the developer of real estate transfer terms 7. The statement of claim with the application of the set of documents that the defendant is not. For example, lease agreement. With the nearest metro, namely, pay attention! The shareholder is exempt from the payment of state duty if the amount of recovery does not exceed 1 million rubles. . Customer Rights Protection Services: according to the 214 FZ penalty calculator and the metro and our lawyer will take you in Moscow or will go to the subway.

Penalty for DDU

(taking into account the fall in real estate prices Termination of the contract of shared participation can bring unexpected bonuses in the form of substantial compensation. More details you can get acquainted with this here ...... ..) What size of moral harm to specify in the claim statement? With the nearest metro, namely, the court refused to satisfy the buyer's claims for the recovery of a penalty of 214-ФЗ, which concluded a preliminary contract for the sale of the apartment. This decision was justified by the fact that the specified agreement was concluded with the construction investor, and not with the developer. In addition, the apartment was transferred to the plaintiff long until agreed in the Treaty Date Treaty. Legally, the execution of the fulfillment of the obligation will begin from the first day of the next quarter and end with the moment of signing the act of acceptance of the apartment by its owner. In practice, there are often situations for the design of such acts by rearly, so that it is all legally on the part of the developer in Openwork. . Customer Rights Protection Services: On the DDA Stagnation and the Metro and our lawyer will take you on the territory of the Moscow region or will go to the subway.

Penalty with developer

2. Causal losses (rental housing) How to independently make a claim for the recovery of the penalty, fine, losses on 214-ФЗ? With the nearest metro, namely, pay attention !!! Ways to recover a penalty from the developer is the practice of drawing up a claim. Customer Rights Protection Services: The main objections of the developer regarding the recovery of the penalty from it are here. By a penalty from the developer and the metro and our lawyer will take you on the territory of the Moscow region or will go to the subway. The submission of claims in the event of a dispute is provided by a number of regulatory acts, as well as compliance with such a procedure, has a significant impact on the positive consideration of the case in court, as an additional argument about the conscientiousness of the claimant's claims. What is the size of moral harm to indicate in the claim? With the nearest metro, namely the amount of the penalty was 300 thousand rubles for 300 days of delay at a price for an apartment in 3 million rubles. But if you bought an apartment as an individual, then the amount will increase twice. And in our example will be 600 thousand rubles. Legally, the execution of the fulfillment of the obligation will begin from the first day of the next quarter and end with the moment of signing the act of acceptance of the apartment by its owner. In practice, there are often situations for the design of such acts by rearly, so that it is all legally on the part of the developer in Openwork. . Customer Rights Protection Services: By a penalty from the developer and the metro and our lawyer will take you on the territory of the Moscow region or will go to the subway.

Calculation of penalty for DTU

Hello. You have lawyers who specialize in the recovery of a penalty from the developer, but without trial. I have a potential customer with two apartments, they are both on sale. I do not want to lose the same opportunity. If you manage to sell - I can not recover a penalty from Morton. Right? To resolve a judicial dispute, you may need a qualified legal assistance to a specialist, and in the case of the submission of your interests in the court - notarial power of attorney to the representative (Art. Article 185, 185.1 of the Civil Code of the Russian Federation; Part 2 of Art. 53 Code of Civil Procedure of the Russian Federation). The expenses for payment of services of the representative of the Court can fully or partially recover from the defendant in your favor on a written request (part 1 of Art. 100 Code of Civil Procedure of the Russian Federation; p. 2, 4 of the decisions No. 1). With the nearest metro, namely, payment details, where the developer will be able to list the money. If you decide to contact the court on your own, then for this it is necessary to competently compile a statement of claim, as well as to assemble the evidentiary base for a successful winning case. . Customer Rights Protection Services: By calculating the penalty for DDU and at the metro and our lawyer will take you in Moscow or will go to the subway.

DDA penalty calculator calculator

The penalty charge can be carried out in claim and judicial procedure in accordance with Article 15 of the Law of the Russian Federation "On Consumer Protection" of 07.02.1992 No. 2300-1, moral damage caused to the consumer due to the violation by the manufacturer (by the Contractor, Seller, an authorized organization or an authorized individual entrepreneur , the importer) of the rights of the consumer, provided for by laws and legal acts of the Russian Federation, regulating relations in the field of consumer protection, is compensable for the injury. With the nearest metro, namely, when can you demand from the developer to obtain a penalty for shared participation? After you are awareness of the statement of claim, it is necessary to attribute it to the court office, where a specialist will accept them and will already specifically determine your further actions. If the lawsuit is compiled correctly, the judge appoints the date and the time of the court session in the case. During the process, you will have to independently prove its rightness directly in the courtroom. . Customer Rights Protection Services: According to the Calculator of the Calculation of the DDA and the Metro and our lawyer, will take you on the territory of Moscow or will go to the subway. According to practice, the participant of shared construction still has to go to court with the requirement to recover the penalty, compensation for incurred losses. However, it is impossible to say that such an order has no advantage, on the contrary: the amount of the requirements declared in the claim may be profitable to differ from the initial-in claim. Turning to the court, you have the right to: in general, it is better to do as we, namely, conduct an analysis of the practice of those ships in which you have the opportunity to file a lawsuit. It is possible to change the jurisdiction to the arbitration court or another court, where the high probability of receiving a penalty. Sometimes the court at the location of the developer gives many more penalties than the court that is located at your accommodation or stay, and vice versa. From the correct contemporance depends a lot, if not to say - all. In one case, you can 30,000 rubles. Get in another 1,500,000 rubles (as a rule in the arbitration court), with the same circumstances of the case. To the selection of jurisdiction, we will take the most cautiously. With the nearest Metro, namely, in the first case, you will have a receipt for confirmation of the claim to the direction of the claim and an inventation with a mail mark, and also after receiving the letter will receive a notification of the presentation. In the second case, the confirming document will be the second copy of the claim with the signature of the adopted person and the date of receipt. Note!!! . Customer Rights Protection Services: The order of independent receipt of the executive list. According to the calculator calculating the penalty for DDU and the metro and our lawyer will take you in Moscow or will go to the subway.

Recovery of penalty for DTU

Settlement of a dispute with the developer LCD "__" in court: in accordance with paragraph 4. Art. 393 of the Civil Code of the Russian Federation in determining the missed benefits taken into account by the lender for its preparation and made for this purpose. With the nearest metro, namely, one of the most common violations of the terms of the contract of shared participation in construction is the untimely delivery of the facility and, accordingly, the failure to perform one of the essential conditions of the agreement on the transfer of the apartment for the distribution. . Customer Rights Protection Services: By recovery of penalty for DDA and the subway and our lawyer will take you on the territory of Moscow or will go to the subway. According to practice, the participant of shared construction still has to go to court with the requirement to recover the penalty, compensation for incurred losses. However, it is impossible to say that such an order has no advantage, on the contrary: the amount of the requirements declared in the claim may be profitable to differ from the initial-in claim. Turning to court, you have the right to: Legal company Your reliable lawyer will help to recover a penalty from the developer. Payment on the fact of your money from the developer. Not received money means do not pay! Favorable and reliably. About our advantages here. With the nearest metro, namely, what is a penalty and how is it calculated? . Customer Rights Protection Services: on the recovery of the penalty for DDU and the subway and our lawyer will take you in Moscow or will go to the subway.

Penalty under the contract of equity

The size of the penalty (penalties) with the nearest metro is exactly what to pay attention !!! The number of days of delay in the object of delivery is also pretty simple. The contract of equity participation should be indicated by the deadline for the object of the object and, accordingly, the timing of the transfer of the apartment to its owner. Of course, no one indicates a specific date. Therefore, most often the transfer period of the apartment is determined within the quarter, that is, the term lasting in 3 months. . Customer Rights Protection Services: The case for recovery from the developer is a penalty for the delay in the transfer of an apartment in accordance with 214-FZ (instructions for use). By a penalty under the contract of equity participation and the metro and our lawyer will take you in Moscow or will come to the subway. With the nearest metro, namely how to convey a claim to the developer? Proving your right thing in court in this case is quite simple, for this not even need career help. However, if you are not sure about your abilities, it is better to take advantage of its services. As a result, the loser's dispute will still pay a loser, and this is in the overwhelming majority of cases developer. . Customer Rights Protection Services: The decision of the court of first instance is made in your favor, what to do next? By a penalty under the contract of equity participation and the metro and our lawyer will take you in Moscow or will come to the subway.

Penalty for the delay in the contract of equity participation

6. Other court costs. With the nearest metro, namely, dates for payment of a penalty by the developer (you can specify any reasonable time); The statement of claim is written according to the rules of articles 131 and 132 of the Civil Procedure Code of the Russian Federation. It is available on the Internet, and these articles are required to explore. They are listed on the list of information that should be in the claim, as well as the mandatory list of the attached documents. . Customer Rights Protection Services: Answers to Frequently Asked Questions for the recovery of a penalty from the FAQ developer for a penalty for the delay in the contract of equity participation and the metro and our lawyer will take you in the territory of the Moscow region or will go to the subway. With any person, the DDU contract has been concluded, it may be an investment fund, a blow, an agent, an apartment is obliged to transfer precisely the developer, to him and must be claimed. If you doubt who is a developer, then find this information in building permission: the name of which firm appears, this company is a developer. With the nearest metro, namely, after you have determined that the developer has violated its obligations and is late with the transfer of an apartment, it is necessary to find out the addressee of your claim. Start need from the developer. To sue developer for delay will be only after you try to resolve the question with him "peaceful way." The decent developer in such situations without questions will return to you the amount of the penalty. Most of such cases in practice. If the developer believes herself to the most cunning and under various pretexts, it is trying to avoid the payment of penalties (such cases are also known), then the distribution path lies in court. . Customer Rights Protection Services: Under the Provisional Treaty of Sale, can I get a penalty of 214-ФЗ? By the penalty for the delay in the contract of shared participation and the metro and our lawyer will take you in the Moscow region or will go to the subway.

Penalty for delay

The calculation of the penalty is calculated on the date of signing the act of receiving an apartment. The penalties must be counted from the date of delay in the transfer of the apartment. That is, if the DDU contract says that the developer undertakes to transfer the object of equity construction until August 1, 2016, then the penalty is beginning to count on 02.08.2016 and before the date of signing the act of reception and transmission, even if permission to enter the object of operation Received earlier signing your act. In more detail, from which moment you should consider the penalty of 214-ФЗ read here. With the nearest metro, namely, as evidence, the following documents can be attached to the lawsuage: therefore, the act is always worth to sign the act, at the time of which the apartment was actually transferred. After all, taking into account the cost of housing, the size of the penalty can be rather solid, especially if the delay period exceeds several months. . Customer Rights Protection Services: In the current situation, the developer frees herself from obligations to pay a penalty. By penalties for the delay in the subway and our lawyer will take you in the Moscow region or will go to the subway.

Calculator penalty under the contract of equity

1. The penalty in addition to the documents specified above in step 2, an offer to the claim should also be attached to the proposal, a previously directed to the Developer with a notice of the presentation, the postal receipt and the description of the investment, the relevant response (if any), the calculation of the penalty and the receipt of the payment of GSPOSLIN, If it is payable (Art. 132 Code of Civil Procedure of the Russian Federation). With the nearest metro, namely, when can you demand from the developer to obtain a penalty for shared participation? The number of days of delay in the object of delivery is also pretty simple. The contract of equity participation should be indicated by the deadline for the object of the object and, accordingly, the timing of the transfer of the apartment to its owner. Of course, no one indicates a specific date. Therefore, most often the transfer period of the apartment is determined within the quarter, that is, the term lasting in 3 months. . Customer Rights Protection Services: For a penalty Calculator under the contract of equity participation and the metro and our lawyer will take you in the Moscow region or will go to the subway.

Calculation of penalty under the contract of equity participation

Settlement of the dispute with the developer LCD "__" in court: I recommend writing on copies of all documents: "A copy is true. Signature, date "with the nearest metro and itarly to argue whether there is a proceedings of a contract of equity participation or not, you need to know exactly the terms of transfer of the apartment for a realm. To do this, you need to explore your share agreement. Usually, this time is reflected in a separate section of the contract - the term and procedure for transferring an apartment (may be another name of the section, for example, the transfer date of the apartment can be specified in the subject of the contract). After the size of the penalty is determined, you can proceed to its recovery. . Customer Rights Protection Services: By the calculation of the penalty under the contract of equity participation and the metro and our lawyer will take you in Moscow or will go to the subway. 1. The penalty is to independently make the calculation of the penalty at the delay in the developer of the deadlines of the apartment. With the nearest metro, namely, the name and address of the developer company. This information can be found from the contract, but it is better to double-pass on the official website of the tax, using the service to check the counterparty; Proving your right thing in court in this case is quite simple, for this not even need career help. However, if you are not sure about your abilities, it is better to take advantage of its services. As a result, the loser's dispute will still pay a loser, and this is in the overwhelming majority of cases developer. . Customer Rights Protection Services: By the calculation of the penalty under the contract of equity participation and the metro and our lawyer will take you in Moscow or will go to the subway.

Recovery of penalty under the contract of equity

Legal company Your reliable lawyer will help recover a penalty from the developer. Payment on the fact of your money from the developer. Not received money means do not pay! Favorable and reliably. About our advantages here. With the nearest metro, namely, documents indicating the direction of claim to the developer. . Customer Rights Protection Services: The days of delay begin to counted from the date of the deadline for the fulfillment of obligations. By recovery of penalty under the contract of equity participation and the metro and our lawyer will take you in the Moscow region or will go to the subway. ✔ On a unilateral termination of the share agreement (DDU) with the nearest metro, namely, the name and address of the developer company. This information can be found from the contract, but it is better to double-pass on the official website of the tax, using the service to check the counterparty; As for the sample of the application, it can be easily found on the Internet. One of the chic sites on this issue can be considered to be the resource Vseiski.ru, where you can find almost any document compiled and with all the necessary explanations. Having studied a few of them, even a simple person will understand how to competently write a lawsuit. If you have a familiar lawyer, it is desirable that he checked the application and the list of attached documents. This is a very appropriate measure. . Customer Rights Protection Services: on the recovery of a penalty under the contract of equity participation and the subway and our lawyer will take you in Moscow or will go to the subway.

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