Consequences and legal effects of the pre-sale of the apartment approved in 2009

Abstract

Today, buying and selling an apartment is one of the most common types of real estate sales, which can be done in two ways, an assumption is that the apartment is completely built and has an external existence, in this assumption, the sale is according to the general rules regarding the property. It is available, which does not face any problem in this sense. Another assumption is the sale of apartments that have not yet been built and must be built in the future. In this assumption, there is no external apartment and the seller is bound to build and deliver it. Such an emerging contract that apparently conflicts with some jurisprudence and legal rulings. The current research, which was written in a descriptive-analytical way with the aim of explaining the consequences and legal effects of the pre-sale of the apartment based on the approval of 2009, the findings indicate: What emerges from the provisions of the pre-sale contract and the common intention and desire of the parties is this. that the apartment pre-sale contract cannot be a private contract or simply an obligation to sell or a mutual promise to sell, but the intention of the parties to conclude this sales contract. To be more precise, the pre-sale contract of unbuilt apartments is a pending sale, and the pending sale is also a type of pending contract, and there is no doubt about the validity of the pending sale contract according to the legal regulations.