Decree 122/2005 also introduced stricter rules in drafting the compromise and the notarial deed. Since the introduction of the aforementioned decree, both must contain:
Details of the building permit.
The list of any restrictions and agreements with the municipality.
The mortgages registered on the building or on the land, with the relative information and data of the person who registered them https://www.provisionhomes.com/
The description of the property and any building (for condominium apartments).
The technical characteristics of the building with the related specifications attached.
The maximum terms foreseen for the delivery.
The total price and the method of payment (certified proof of payment must be provided).
The details and characteristics of the surety.
A TIP: if the contract does not mention the surety, refuse to sign it or point out that you could ask for the cancellation and the return of the deposit plus interest.
Furthermore, we also advise you to have the compromise registered or transcribed at the conservatory (the notary himself will take care of it), because this would allow you to be included among the privileged creditors in the event that the builder goes bankrupt.
SOLIDARITY FUND
There would also be another instrument of protection: the SOLIDARITY FUND . We’ll give you a brief explanation why you won’t be able to use it!
Decree 122/2005, in addition to having created the previously detailed instruments (from 4 to 6), established a fund at the Ministry of Economy and Finance to compensate, in part, the buyers who were victims of the bankruptcy of a builder, before of the entry into force of the decree itself.
The fund is fed thanks to a portion of the sureties stipulated by the companies.
THESE ARE ALL THE TOOLS YOU HAVE AT YOUR DISPOSAL TO DEFEND YOURSELF AGAINST PROBLEMS.
We have to be honest, all these tools can “give you a big hand”, but they do not guarantee you total protection from scams. Unfortunately, still today, most builders do not comply with their obligations (guarantee and damage insurance policy) because this would entail higher costs. The shortcoming of the aforementioned decree lies right here: THERE ARE NO EFFECTIVE SANCTIONS WHICH COULD FORCE THE BUILDERS TO MAKE SUCH DOCUMENTS.
It very often happens that buyers, especially when buying privately, do not know their rights and therefore do not enforce them at the time of signing the contract (both compromise and deed).
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