Legal analysis of a transaction for the acquisition of real estate in a new building is a package of services of the Legal Consulting Group Yaremchuk and Partners, which includes a set of actions aimed at checking both the developer and the contract of sale of an apartment in a new building.
Quite often, the procedure for buying an apartment is similar to buying a “pig in a poke”, therefore, to see the contract understandable and safe, you need to check and analyze all available information about your counterparty.
To this end, the Legal Consulting Group "Yaremchuk and Partners" provides the following services:
І. Verification of the land
- verification of the purpose of the land on which the construction of the property is carried out according to the State Geocadastre;
- obtaining information about the owner and user of the land;
- verification of compliance of construction with the intended purpose of the land plot in accordance with the Classification of the types of intended purpose of land;
- if necessary, verification of the contract for the acquisition of land in ownership or use
II. Checking the permissive construction and technical documentation of the Developer (Customer)
- verification of the declaration of commencement of construction work;
- verification of the expert report on the strength, reliability and durability of the construction object;
- checking the availability of urban conditions and restrictions on the construction project and the compliance of declared construction with such urban planning conditions and restrictions;
- checking the availability of the necessary approvals of departments and departments of local authorities;
- verification of the availability of licenses (permits), if necessary, and their validity;
- checking the availability of technical conditions for water supply, sanitation, gas supply, electricity.
ІІІ. Verification of registration data of persons with whom the contract is concluded (counterparties):
- verification of information about the location of the counterparty;
- establishment of founders (participants) of the counterparty and ultimate beneficial owners (controllers);
- establishment of data on the size of the authorized capital of the counterparty
- establishment of registered counterparty activities;
- establishment of information on the governing bodies of the counterparty;
- setting the date of state registration of the counterparty;
- establishing the availability of data on the location of the legal entity in the bankruptcy proceedings, reorganization and data on the location of the legal entity in the process of termination;
- verification of information on the availability of open enforcement proceedings in relation to a legal entity (for incomplete enforcement proceedings)
IV. Verification of the contract of sale of housing in a new building
- verification of the provisions of the contract for the purchase of housing in a new building for compliance with civil law;
- investigation of the issue of guarantees of return of funds in accordance with the terms of the contract of purchase of housing in a new building;
- study of the rights and obligations of the parties under a real estate acquisition contract in the primary market,
- verification of the contract for the purchase of housing in a new building for liability of the seller (developer) to the client;
- legal analysis of the legality of the scheme for acquiring an apartment in a new building, and the like.