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Housing Sales Law

Original Language Title: Asuntokauppalaki

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Housing Act

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1 (10.06.2005)

General provisions

ARTICLE 1 (10.06.2005)
Scope of law

This law concerns the trade in housing shares and other entities qualifying for the management of dwellings, the protection of the buyer's legal and financial position at the time of the construction and certain other dwellings referred to above. Legal relationships between the production and sale of other premises in the housing community.

This law does not apply to:

(1) the transfer of the share of a cooperative whose membership only gives the right to conclude an apartment lease with the cooperative;

(2) trade in timeshare;

(3) The Housing Housing Act (650/1990) , the right to residence.

The provisions of this law shall apply mutatis mutandis to the exchange.

ARTICLE 2 (10.06.2005)
Equity residences

What is laid down in this Act for an apartment and a share also applies to the holding and share share, unless otherwise specified.

ARTICLE 3 (10.06.2005)
Definitions

For the purposes of this law:

(1) Housing stock, A share of a housing company or other limited liability company which, individually or in combination with other shares, entitle the holder to manage the apartment;

(2) Housing community A housing limited company or other limited liability company which, individually or in combination with other shares, entitle the holder to manage the residence, as well as the housing cooperative;

(3) Participating residences Where the ownership of the shares or units to be managed is shared between the founding partner or the other trader and the beneficiary of the holding of residence, and whose management is also based on the rental or other The contract;

(4) Participating holding company And The holding entity The housing community, of which more than half of the number of apartments are share dwellings;

(5) Consumer A natural person who acquires a residential apartment mainly for purposes other than economic activity;

(6) The trader A natural person or a private or public legal person who, in professional terms, sells residential apartments or provides them for consideration for consideration;

(7) In advance marketing The provision of a residential apartment which is planned or under construction to be reserved for the consumer on condition that the provision is not covered by Chapter 2.

§ 4 (10.06.2005)
Founder partner

The founding partner For the purposes of this law, a natural or private person or a public legal person who means or otherwise owns a housing share or any other entity entitled to manage the residence of the dwelling in the course of the construction phase.

However, the founding partner shall not be regarded as:

(1) the person who has handed over the ownership of the Community interest before the Community contributions have been made available to the consumer unless it is likely that the transferee will act as an intermediary between the transferor;

(2) the consumer who, on the basis of the transfer, has acquired ownership of the Community share before the end of the construction phase, unless it is likely that the consumer will act as an intermediary between the donor;

3) a natural person who has subscribed to the Community contribution before the end of the construction phase, with a view to acquiring the apartment or family.

§ 5 (10.06.2005)
Construction phase

Construction phase For the purposes of this law, the period preceding the completion of new or renovated housing estates, in a manner comparable to the construction of a new or new housing community, shall be preceded by the completion of new residential apartments to be constructed.

The construction phase shall end when the construction authority has approved the entire Community building or buildings for use and the Community has been elected by the government referred to in Article 23 of Chapter 2.

The construction phase shall end when the construction authority has approved the Community building or buildings as a whole. In the case of further construction of new dwellings, the construction phase shall end when new homes have been approved for use.

CHAPTER 2

Protection of purchaser during construction (10.06.2005)

ARTICLE 1 (10.06.2005)
Scope of the chapter

The provisions of this Chapter shall apply where the Community contribution to the management of the housing stock or other dwelling facility is to be made available to the consumer before the construction supervisor has approved all the Community Buildings or other buildings occupied by them to be introduced.

For the purposes of this Chapter, the provision of the Community contribution shall be the following:

1) under such conditions that the consumer cannot, without sanctions, withdraw from trade; or

(2) subject to the conditions under which the consumer may withdraw from trade, but he shall have to pay the amount to be paid for the Community share exceeding 4 % of the purchase price agreed at the time of the reservation.

The penalty referred to in paragraph 2 shall not be considered to be a liability for the payment of a consideration which the consumer has undertaken to pay on the basis of a separate mandate for the design of ancillary or modification works.

§ 1a (10.06.2005)
Application of the provisions to other housing communities

As provided for in this Chapter, the share company and the housing stock shall apply mutatis mutandis to the rest of the housing community and to the Community share eligible for the management of the dwelling. As for the share book, where applicable, other documents proving the management or ownership of the dwelling shall apply.

Article 1b (13/05/191)
Scope of application

The provisions of this Chapter shall not apply where there are or will be no more than three dwellings in the company's buildings, and there is no housing limited company or housing cooperative. Moreover, the provisions of the Chapter shall not apply in the case of a block-building law (190/2015) Of a group building within the scope of the housing community.

Article 1c (10.06.2005)
Additional construction

If, subsequently, new apartments are being built for the company, the management of which will be made available to the consumer before the new residential quarters have been approved, the provisions of this Act concerning the founder member Refer to the one which means, or otherwise owns, during the construction phase of a qualifying holding. However, the provisions of Article 4a (3), Article 6a or Articles 8 to 10, Article 11a (8) or Articles 20 to 23 or 23a shall not apply.

If the company to which new residences are to be built provides the consumer with shares which entitle the consumer to the management of the residential apartment before the new homes have been approved, the obligations laid down by the founding shareholder shall apply to: The company. In this case, the points referred to in paragraph 1 shall not apply, and Articles 19 or 19 to 19c shall not apply.

ARTICLE 2
Mandatory

A contractual condition which reduces the rights of a shareholder or a limited liability company under this Chapter is void.

ARTICLE 3 (10.06.2005)
Security documents

The founding partner must ensure that the documents relating to the limited liability company and the construction project laid down by the Government decree ( Security - Documents ) Shall be surrendered in accordance with this Chapter.

§ 4
Preservation of security documents (10.06.2005)

Where a limited liability company acquires a credit from a deposit bank or another credit institution which is to be paid in full or in part by means of funds to be recovered from the shareholders after the construction phase, the lending credit institution shall retain: Security documents. If a limited liability company does not obtain such a loan, the regional administrative office in whose territory the company's buildings are located shall keep the documents. In the latter case, the custodian may also be a consenting credit institution. The depository credit institution shall keep the records in Finland and, if possible, in the place where the stock company's buildings are located. (22.12.2009)

The security documents shall be handed over before the sale of the housing stock is made available, unless otherwise provided for in a document. However, notwithstanding this paragraph, collateral may be added during the construction phase in accordance with Article 17.

Any amendments to the security documents or to any aspects thereof shall be notified without delay to the custodian, as specified by the Regulation.

Paragraph 4 has been repealed by L 7.10.2005 .

§ 4a (10.06.2005)
Inspection of and release of safety documents at the end of the construction phase

The keeper of the security documents shall verify that the contents of the security documents are in conformity with the requirements laid down by the Council Regulation before they are retained. The Founding Members shall be informed without delay of the deficiencies and errors identified and shall be given the opportunity to correct them.

During the construction phase, the keeper of the security documentation shall monitor and verify that the collateral referred to in Article 17 complies with the requirements imposed on them, and shall inform the founding partner of the deficiencies identified in the security To shareholders.

The keeper of security documents shall also monitor the trade agreements notified to it pursuant to Article 11. Where one-quarter of the dwellings have been served on the custodian of the trade agreement and, within one month of the date on which the custodian has not been informed of the invitation to attend a meeting of the shareholders, the custodian shall, without delay, have Inform the shareholders of the right of the purchaser to apply for a decision from the regional administrative office which entiters him to convene a meeting at the expense of the company. (22.12.2009)

At the end of the construction phase, the security documents shall be handed over to the company.

§ 5 (10.06.2005)
Information on security documents

The custodian and the limited liability company shall, on request, provide information, copies and certificates on the content of the documents to the founding shareholder, the shareholder, the auditor and the person who needs them to buy the share, Or for the purpose of managing an arbitration order. Information relating to restrictions on the right of a limited liability company resulting from Articles 8 to 10 of this Chapter, together with the relevant certificates and copies, shall also be given to the person who needs them in order to fulfil its obligation to clarify the obligations referred to in Article 10.

ARTICLE 6 (10.06.2005)
How to store and dispose of stock certificates

The keeper of the security documents shall print the shares of the shares in the printing company, which was approved, and shall keep them. The depositary shall issue a certificate to the holder of the lien on the retention of the shares.

Without the agreement of the seller, the depository shall not disclose the share book to the purchaser before it has been determined that he has fulfilled its obligations to pay the purchase price and other obligations under that trade agreement. The same shall apply to the custodian if the keeper is aware of the obligations of the purchaser, on the basis of an agreement concluded with the Founding partner to conclude additional or amending work, and which have been agreed to be carried out at the latest at the same time as: The purchase price. However, the depositary shall surrender the share book to the purchaser if, in the event of a breach of the contract, no additional or alteration work has been carried out when the purchase price should be paid.

If the stock is pledged, the share book shall be handed over to the holder of the lien or, in the case of more than one buyer, to the person who has the best privilege. At the same time, the holder of the share book shall be provided with the necessary information on other holders of the lien. By virtue of the lien referred to in Article 29 (4) of Chapter 4, the seller has no right to acquire control of the stock. At the end of the construction phase, unsold shares shall be handed over to their owner.

The holder of the security documents shall keep the shares in the holding of the holding as long as the holding of the holding continues. Shares shall be surrendered to the buyer or to the holder of the lien under the conditions laid down in paragraphs 2 and 3 when the ownership of the shares has been transferred to the buyer as a whole.

§ 6a (10.06.2005)
Preservation and disposal of bank books

The deposit of mortgages on the property of the company or on mortgages and mortgages on buildings shall be handed over to the custodian of security documents if, according to the economic plan, they are not covered by the liabilities of the company. The securities held in custody shall be released only in accordance with the economic plan.

At the end of the construction phase, those deposit books which have not been surrendered as collateral on the liabilities of the company shall be disclosed to the company.

The electronic deposit shall be deemed to have been handed over to the person listed in the loan and mortgage register as a beneficiary of an electronic deposit. (13/05/191)

§ 7 (10.06.2005)
Premiums for the maintenance of safety documents

The custodian of security documents shall have the right to charge a reasonable fee for the printing of shares, the retention of security documents, certificates and deposit books, the keeping of the list referred to in Article 15 and other similar tasks. The issuing company and the issuing of certificates and copies by the applicant.

§ 8
The meaning and amendment of the economic plan

In the course of the construction phase, the stock company will be allowed to accept debt, provide assets as collateral or make other commitments only in accordance with the economic plan.

After one or more shares have been sold to the consumer, the total amount of the liabilities declared in the financial plan to be retained shall be increased or other exposures shall be increased only if all the shareholders agree in writing. The proposed amendment. However, the consent of the purchasers shall not be required for the purposes of the remuneration of the statutory auditor and of the construction work of the purchasers, as well as the other costs incurred by the purchasers for their work, as referred to in Article 21 (1) and Article 22 (1). Provides. (10.06.2005)

The change in the economic plan shall be communicated to the custodian and to the shareholders before any change to the legal action or any other measure is taken.

§ 9
Modification of the economic plan without the consent of the shareholders

Notwithstanding Article 8 (2), the amount of liabilities and liabilities included in the economic plan may be increased if the increase is based on:

(1) a modification of the law, an unforeseeable and unforeseeable increase in the construction costs resulting from the decision or construction work of the Authority, on the basis of which the company is the construction or repair The contractual obligation to pay an increased price;

(2) to take account of any change in the value of the currency in which the company is liable under the terms of the contract for the construction or repair contract to pay the increased price; or

3) an increase in the company's other obligations arising from a change of law or of a decision of the authority which could not be taken into account when the economic plan was drawn up.

In addition, the condition for amending the economic plan referred to in paragraph 1 is that the criterion on which the change is based is included in the trade agreement.

The amendment of the economic plan based on this Article shall be made and notified to the custodian of the documents without delay, following the birth of the obligation to which the amendment is based. The notification shall be accompanied by a statement of the criterion of change. The change in the economic plan and its rationale shall also be notified without delay to the shareholders.

ARTICLE 10
The ineffectiveness of the legal action contrary to the economic plan

If, in breach of Articles 8 or 9, a limited liability company has entered into a debt, pledged or made any other legal action, such a legal act shall not be binding on the company if:

(1) the other party in the legal act knew that it was contrary to the provisions of Article 8 or 9;

(2) the other party has failed to report on the limitations of the obligation to impose an economic plan; or

(3) The other party should otherwise have known that the legal action was contrary to the provisions of Article 8 or 9.

If, by the way, the company has carried out a performance under an undertaking which has not been taken into account in the economic plan and which, according to Article 9, does not justify any modification of the economic plan, it shall, under the conditions set out in paragraph 1, be repaid.

ARTICLE 11
Transfer and deposit of share

When a founding partner sells during the construction phase of the housing stock, the trade agreement is, in order for it to be binding, to do so in writing. Furthermore, the trade agreement is not binding on the buyer until the settlement is lodged in accordance with Article 17 or, in the case of a housing stock to be sold by the holding company or part thereof, in accordance with Article 18b. A trade agreement shall be communicated by the founding member to the custodian of security documents for the purposes of the registration of the register referred to in Article 15, at the risk of termination of the contract, unless the service is effected without delay. (10.06.2005)

Paragraph 2 has been repealed by L 7.10.2005 .

The holding of a share company in the construction phase shall be ineffective unless it has been written in writing. The Founding Partner shall not issue a share of which a sale has been made and shall not sell the stock which he has pledged. If the shares have been sold or sold out against the abovementioned prohibition, the lien shall be against the ineffectual purchaser, unless he has given a written agreement in which he has identified the receipt of the lien.

If the founding shareholder reserves the right to ownership of the shares which he has sold, the shareholder shall have a lien on the purchase price for the share of the share of the purchase price he has bought and the interest accruing to it in accordance with Article 36 (1) of Chapter 4. As collateral.

Article 11a (10.06.2005)
Content of the trade agreement

When a founding partner sells during the construction phase of the housing stock, the trade agreement shall show at least:

(1) the subject of trade;

(2) the seller and buyer;

(3) the purchase price and the unpaid price, if different from the purchase price, the identification of the payment account for the payment account referred to in Article 12 and the payment schedule and other payment terms;

(4) the date of the completion or assessment of the completion and management of the dwelling;

(5) the right of the purchaser to obtain information on security documents and the information on the custodian and the location of the security file at the address;

(6) the types and amounts of securities taken in favour of the company and of the shareholders;

(7) the date of release of the security pursuant to Article 18a or Article 18b without the consent of the buyer, and how the purchaser must, if he so wishes, to prevent the guarantee from being released;

(8) the right of purchasers to choose an auditor and a construction worker at the meeting referred to in Article 20;

(9) the seller's obligation to hold an annual examination and an explanation of the provisions of Sections 18 and 19 of Chapter 4 on the notification of an error.

Article 11b (10.06.2005)
Content of the equity trade agreement

In the course of the construction phase, when a founding partner sells a stake in a participating holding which is part of the law governing the holdings of shares in hire-house loans (192/2002) , the trade agreement shall, in addition to the information referred to in Article 3 (2) of that Law, indicate the elements referred to in Article 11a (4) to (7) and (9).

In addition to the elements mentioned in Article 11a (1) to (7) and (9), when a founding partner sells a part of a shareholding in a shareholding other than that referred to in paragraph 1, it shall, in addition to the elements mentioned in paragraphs 1 to 7 and 9 of Article 11a:

(1) whether the buyer has the possibility to purchase additional shares in the holding;

(2) the price or price of the additional units and other key trade conditions;

(3) whether the seller is committed to redeeming the principal terms and conditions of redemption.

ARTICLE 12 (10.06.2005)
Payment account for trade prices

A separate account shall be opened for each construction project for each construction project for the deposit bank, which acts as custodian of security documents. Where security documentation is retained by a non-depository bank, the account shall be opened to the deposit bank approved by the keeper.

The trading prices of the shares shall be paid into the account referred to in paragraph 1. The purchase price paid to the account shall not be used for the purposes of the project.

Notwithstanding the obligation of professional secrecy, the auditor of the company and the auditor elected in accordance with Article 21 of the purchasers shall have the right to be informed of the use of the account referred to in paragraph 1.

ARTICLE 13
Prohibition of forecluse of stock and trade-based claim

The housing stock sold by the founding shareholder shall not be foreclosed by the founding shareholder, even if the condition for the retention of the right of ownership to the founding partner would be valid.

A claim based on a share transaction cannot be foreclosed by a founding shareholder in so far as the limited company has a share company law (14/04/1978) Of the European Parliament and of the Council. (10.06.2005)

Sharehold company 734/1978 Has been repealed by the shareholder L 624/2006 .

ARTICLE 14
The effects of the bankruptcy of the founding partner

In the event of the bankruptcy of the founding partner's assets, the bankruptcy shall, without undue delay, inform the shareholders of the willingness of the hive to commit to the trade agreements which the founding partner has not yet fulfilled.

If, pursuant to paragraph 1, a bankruptcy is not committed to the trading of shares, each shareholder has the right to terminate its trade.

For those shareholders who do not do so pursuant to paragraph 2, the right of access to the shares in the limited liability company is immediately transferred to the shareholders. However, this does not apply to another founder member. (10.06.2005)

The shareholders referred to in paragraph 3 shall pay the amount of the shares to be purchased which corresponds to the value of the shares at the time of the start of the bankruptcy. However, the deduction of these claims shall be based on the liability of the Founding Shared Company to the limited liability company in the context of the transaction price. Shareholders whose price of trade price exceeds the above amount shall be entitled to withdraw the difference, together with interest under Article 36 (1) of Chapter 4.

§ 15
Registration of legal proceedings in respect of a share

The founding partner shall, without delay, issue a contractual commitment to the custodian of the security document for information, either in the original or in the form of a certified true copy. Similarly, the shareholder shall provide the custodian with a contract for the further release or deposit of the rights conferred by the trade agreement. The custodian of the information may also be provided by the transferee.

The rights of the holder to the shares or the rights to which it is signed shall be obtained after notification of the pledge to the custodian of the documents.

The keeper of the safety documentation shall keep the list to which the share is to be registered:

(1) the name and address of the person to whom the founding partner has sold the share or to whom the rights deriving from the contract have been transferred;

(2) the name and address of the creditor to whom the stock has been pledged; and

(3) whether the stock is foreclosed or set Chapter 7 of the forecluse law , and when this is the case, the creditor concerned and the enforcement authority that carried out the measure.

The list shall be without prejudice to the obligation of professional secrecy to provide information to the shareholder and to the person in need of information for the purchase, pledge or transmission of the share. (10.06.2005)

Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 , see Output arch 705/2007 Chapter 8 .

ARTICLE 16
Liability of the custodian of security documents

The custodian of the security documents shall be required to compensate for the damage it has caused in carrying out the duties under this Chapter, unless the custodian of the security documentation appears to have exercised due diligence.

Paragraph 2 has been repealed by L 7.10.2005 .

§ 17 (10.06.2005)
Guarantees for the completion of contracts for the construction and sale of housing shares

The founding partner shall be obliged to ensure that, in accordance with this Article, the contract for the construction of the contract of construction and of trade in housing shares is provided for the benefit of the company and the shareholders. The guarantee shall be a bank deposit, a bank guarantee or an appropriate insurance, and shall also be valid for the purpose of safeguarding the financial position of the company's economic plan. The obligation to lodge a security shall be laid down in Article 18b.

The security of the construction phase shall be at least 5 % of the construction costs recorded in the company's financial plan at the start of the provision of housing shares. The decree of the Council of State lays down more precise provisions on which construction costs are to be entered in the economic plan. The security of the construction phase shall correspond to at least 10 % of the total amount of the purchase price of the shares sold. The security shall remain in force until it is released, but not less than three months after the building supervisor has approved the building in question.

In the case of a guarantee of a construction phase, a guarantee must be lodged after the construction phase, which shall correspond to at least 2 % of the total number of trading prices of the shares sold. The security shall remain in force until it is released, but not less than 15 months after the building supervisor has approved the building. The obligation to lodge a security under this paragraph shall cease when 15 months have elapsed since the adoption of the building by the Construction Authority.

Where the purchase price of dwellings is less than 70 % of the non-debt price, the amount of the amount corresponding to 70 % of the non-debt price of the shares sold shall be calculated as the trade price for the calculation of the security provided for in paragraphs 2 and 3.

§ 17a (10.06.2005)
Use of collateral

The guarantee shall, in the first place, be in force in order to compensate for the damage caused to the company by the non-performance of the construction contract or of building errors in the parts of the building covered by the maintenance obligation of the company.

The security shall be, in the alternative, in force in order to compensate for the damage sustained by the purchaser of the dwelling share in the breach of the contract. Where the security is not sufficient to cover all the compensation to be paid to purchasers of the dwelling share, the amount of the security shall be used primarily to cover the costs incurred in correcting the errors in relation to the adjustment costs and to the extent of the Be allocated according to a reasonable amount, taking into account the number and nature of the damage suffered by each buyer and other factors.

However, in the case provided for in Article 18 (2), the security shall, in the first instance, be in force in order to compensate for the damage suffered by the purchasers of the housing stock referred to in paragraph (1) of that Article; In the case of a breach of contract and, in the alternative, in favour of the company in order to compensate for the damage caused by the non-performance of the construction contract or of building errors in the parts of the building covered by the maintenance obligation of the company.

ARTICLE 18 (10.06.2005)
Liberalisation of security

The release of the guarantee or part thereof shall be conditional on the written consent of the Board of Directors and the purchasers of the housing stock in writing and, in the case of the release of the security referred to in Article 17 (2), for the retention of security documents A report on the approval of the building by the Construction Authority. The security shall be released if the founding partner has fulfilled its obligations under the contract for the construction of the building and the sale of shares.

Where the Board of Directors has consented to the agreement referred to in paragraph 1, the initial security may be replaced by a guarantee within the meaning of Article 17 (2), equivalent to 10 % or the security referred to in Article 17 (3) 2 % of the total amount of the purchase price paid by purchasers of the refused housing stock. Where the purchase price of dwellings is less than 70 % of the unpaid price, the provisions of Article 17 (4) shall apply.

Where consent to the release of the security has been refused unduly or if it is not possible to obtain without undue delay or delay, the court may, upon application, authorise the release of the security in whole or in part. Appeal by the Board of Appeal to the Consumer Complaints Board (182/1978) In accordance with Article 1 (1) of the Treaty.

The company or the purchaser of the housing share, which unduly and contrary to the recommendation of the Board of Appeal, has refused to give consent to the release of the security, may be ordered to compensate the founder of the By number.

L of the Consumer Appeals Board 42/78 Has been repealed by L of the Consumer Economy Board 8/2007 .

Article 18a (10.06.2005)
Free movement without consent

The guarantee shall be released no later than 12 months after the annual inspection of all the buildings of the company if the company has been elected by the government referred to in Article 23. The security shall not, however, be released if the company or the buyer of the housing stock is opposed to the release of the security and to refer the matter to the Consumer Appeals Board or the Court of Justice. The opposing party shall declare its opposition to the collateral provider or to the deposit bank, which has received a bank deposit as collateral, and shall provide the collateral provider or the deposit bank with a consumer appeal panel or A certificate issued by the district court before the expiry of the period laid down before the expiry of the prescribed period, that the security will otherwise be released.

Article 18b (10.06.2005)
Guarantee of compliance with the trade agreements of a participating holding company

The founder member of the holding company shall be obliged to ensure that, in the interest of the purchasers, the fulfilment of the trade agreements relating to the sale of shares or parts thereof is secured by a security in accordance with this Article. The guarantee shall be a bank deposit, a bank guarantee or an appropriate insurance.

The security of the construction phase shall be lodged before the shares or parts thereof are offered for purchase by the consumer and shall be at least 10 % of the contract price according to the construction contract. The security shall be released within three months of the approval of the building by the Construction Authority. The founding partner shall submit a report to the keeper of the security documentation.

In the case of a guarantee of a construction phase, a post-construction guarantee must be lodged, which shall correspond to at least 2 % of the works price of the construction contract. The security shall be released two years after the approval of the building by the Construction Authority, unless the buyer objects, as provided for in Article 18a, against the release of the security.

If the security is not sufficient to cover all claims, the collateral shall be distributed in proportion to the amount receivated.

§ 19
Arrangements for default in the event of failure of the founding partner

The founding partner shall be obliged to ensure that, before the start of the purchase of the shares, the acquiring company and the housing stock will benefit from the appropriate insurance for the purposes of his or her performance for the purposes of his or her performance. A bank guarantee or other guarantee under the conditions laid down by the Competition and Consumer Agency in accordance with this Article. The guarantee or guarantee shall remain in force until 10 years after the approval of the building by the Construction Authority. However, where a State or a municipal authority is a founding partner, it shall not be obliged to provide collateral in the event of its failure. (30.11.2015)

The collateral provider referred to in paragraph 1 shall be liable to the share company and to the shareholders of the costs for which the founding partner is responsible under this law or contract, and which are necessary for the housing, storage or In order to establish a building error as referred to in Article 14 (2) to (5) of Chapter 4, and to repair the defect and damage caused to the building. In addition, the collateral provider shall bear the necessary additional housing expenses incurred by the shareholder and his family members for the period during which the dwelling cannot be used as a result of a mistake or damage or of repair. The limitation of liability of the collateral provider is laid down in Articles 19a and 19b. (17.10.1997/98)

Where an error or damage limitation would result in disproportionate costs in relation to the importance of the error or damage to a limited liability company and to the shareholders, the collateral provider may, instead of the correction costs, make a mistake or damage Equivalent compensation. (17.10.1997/98)

Where the security is not sufficient to cover all the remuneration of the limited liability company and the shareholders, the amount of the security shall be distributed among the company and the shareholders in proportion to the claims. Reimbursements of collateral cannot be claimed back. (17.10.1997/98)

§ 19a (17.10.1997/98)
Limitation of liability of the insurer

The collateral provider of the security referred to in Article 19 shall not bear the costs to which the other securities placed in favour of the company and of the shareholders are sufficient. Moreover, the provider of the guarantee does not bear the cost of errors which should have been detected by the annual examination referred to in Article 18 of Chapter 4 or, if the annual examination was not provided within the time limit for its submission, The end. The guarantor's liability provider shall not be liable in so far as the founding partner is committed to greater responsibility in accordance with the law in force.

The liability of the guarantor shall be limited to the costs of the accommodation of the shareholder and his family members in such a way as to reimburse the additional costs necessary for the guarantee for a maximum period of six months. The guarantor of the total exposure shall be limited to 25 % of the construction costs referred to in Article 17 (2) for the entire duration of the security. The maximum level of liability of the guarantor is to be adjusted each calendar year to reflect the change in the apartment building index of the housing index for the statistical centre (2000 = 100). (10.06.2005)

Article 19b (17.10.1997/98)
Liability of the share company and of the shareholder in the performance guarantee

The guarantor shall deduct from its exposure under Article 19 (2) and (3) the ownership of the limited liability company and the shareholder in accordance with this Article. The share company's own liability shall not exceed 2 % of the construction costs referred to in Article 17 (2) and the shareholder's ownership of up to one and a half per cent of the non-tariff price of the first sale of the shares. The respective amounts of the share company and of the shareholder may be adjusted each calendar year in accordance with the change in the index referred to in Article 19a (2). (10.06.2005)

The liability shall be deducted from the liability of the company if the construction error occurs in the building parts of the building belonging to the company, and the shareholder's own liability if the error occurs in the parts of the building which is part of his maintenance. Notwithstanding the provisions of the articles of association concerning the division of maintenance, the application of the Housing Limited Company Law (1599/2009) The allocation of responsibilities laid down in Articles 2 and 3. (22.12.2009)

Self-responsibility shall be deducted from each construction error. However, if, in the same building, in ascertaining or correcting a building error, the other errors of the guarantor's liability are identified in the same building, the liability shall be deducted from the amount of the guarantor's liability. If such errors are partially reflected in the part of the stock company and part of the shareholder's maintenance building, the liability shall only be deducted from the liability of the limited liability company.

Paragraph 4 has been repealed by L 7.10.2005 .

§ 19c (10.06.2005)
Performance collateral for additional construction

The insurance or guarantee referred to in Article 19 shall be valid until ten years after the date of adoption of the new residential quarters by the building supervisor, in the case of further construction referred to in Article 1c (1). For commissioning.

The provider shall be responsible for the costs referred to in Article 19 (2) to the purchasers of the housing stock, the company's other shareholders and the company, irrespective of the part of the building's building error in the part of the building. The resulting damage occurs.

The maximum amount of liability referred to in Article 19a (2) of the insurer and the liability referred to in Article 19b (1) of the limited liability company shall be calculated on the basis of the construction costs which are to be entered in the financial plan of the additional construction project for the Regulation.

§ 20 (22.12.2009)
Shareholders' meeting

The Board of Directors shall convene a meeting of shareholders without delay after at least one quarter of the company's residential apartments have been signed. The shareholders' meeting shall be convened by a written letter sent to each buyer or by any other evidence. The invitation shall be sent to the custodian of the security documents. The invitation shall mention the rights of the shareholders to choose the auditor and the watchdog of the construction work and the other items to be discussed at the meeting. At the purchasers' meeting, the shares which entitle them to each of the apartments will produce one vote. The shareholders' meeting does not need to be held in a holding company.

If the meeting of the shareholders referred to above has not been convened in accordance with the order laid down, the Regional Administrative Agency shall, on application by the Board member, the auditor, the shareholder or shareholder, entitle the applicant to: Meeting at the expense of the company.

ARTICLE 21
Accountant chosen by the shareholders

At the meeting referred to in Article 20, shareholders shall be entitled, notwithstanding the Articles of Association, to choose the auditor, whose term of office shall last until the end of the financial year, to the end of the construction phase. The auditor's choice of the auditor is otherwise in force, as provided for by the auditor of the general meeting. Other costs arising from the auditor's fee and the work of the auditor shall be borne by the company whose expenditure may be increased irrespective of the economic plan. (10.06.2005)

The shareholders' meeting shall have the same right as the general meeting to obtain information from the auditor.

§ 22
Observer for construction

At the meeting referred to in Article 20, shareholders shall have the right to choose a construction worker who is responsible for monitoring the completion of the construction of the company in accordance with the construction contract. The term of office of the observer shall be completed by the end of the construction phase, and his fee and other costs arising from his work shall be borne by the limited liability company, whose expenditure may be increased irrespective of the economic plan. (10.06.2005)

The observer shall have the professional qualifications required for the task and shall not be dependent on the construction worker or the founder member. The observer shall have the right to obtain the information required from the public limited company and the founder member to monitor the progress of the work and to reach the construction site.

ARTICLE 23 (10.06.2005)
Election of the new government and the mid-term review

Once the Buildings Authority has approved the buildings of the limited liability company, the Board of Directors shall, without undue delay, convene a general meeting to which all shareholders must be invited. The invitation shall include the items to be discussed at the meeting and the date on which the security is released in accordance with Article 18a, without the buyer's consent, and how the purchaser must act to prevent the guarantee from being released. The summoning to the home is otherwise governed by the provisions of the Housing Company Act. The Annual General Meeting shall:

(1) present the company's mid-term review and report on the implementation of the economic plan and the opinions of the auditors;

(2) provide information on the technical implementation of construction work;

(3) select the Board of Directors and auditors for the remainder of the current term of office.

The election of a shareholder by a shareholder shall be exercised by a shareholder in the election of a shareholder.

The general meeting referred to in this article does not need to be held in a holding company.

§ 23a (10.06.2005)
Obligation to pay damages

If the Board of Directors has failed to convene a meeting in accordance with Article 23 (1) of the general meeting, the members of the Board of Directors shall be obliged to compensate the company and the shareholders for the resulting injury.

The settlement of damages and the division of liability between two or more are in force, (1999) Chapters 2 and 6 provide.

§ 23b (10.06.2005)
Information of the Government of the holding company at the end of the construction phase

Where the Construction Authority has approved the buildings of the holding company, the company's Board of Directors shall, without undue delay, send to the purchasers of the shares or parts thereof the information referred to in Article 23 (1) (1) and (2). Information and reports. In addition, purchasers must be informed of the date on which the security is released in accordance with Article 18b, without the buyer's consent, and how the purchaser must act to prevent the guarantee from being released.

§ 24 (10.06.2005)

§ 24 has been repealed by L 7.10.2005 .

CHAPTER 3

Reservation fee, deposit and standard remuneration (10.06.2005)

ARTICLE 1 (10.06.2005)
Scope of the chapter

The provisions of this Chapter shall apply if:

1) someone has booked an apartment in advance of the market and has paid the amount of the amount of money to be paid to the seller ( Reservation fee );

2) someone has made a bid for the purchase of the apartment and the amount of the amount paid to the seller as collateral ( Down payment );

3) someone has made a bid for the purchase of their apartment and their bid as collateral to make a predetermined contribution in the event of a withdrawal from the sale ( Standard remuneration ).

The rights and obligations of the brokerage group relating to the reservation, the deposit and the standard remuneration are laid down in the law on the exchange of real estate and rental apartments (1074/2000) .

ARTICLE 2 (10.06.2005)
Mandatory

The provisions of this Chapter cannot be derogate from by agreement to the detriment of the consumer, unless otherwise specified below. The same applies to the seller if the sale is not part of his business.

ARTICLE 3 (10.06.2005)
The importance of the deposit and the standard remuneration

If the transaction is made, the full amount of the down payment shall be part of the purchase price.

In the event of a sale without birth on the side of the tenderer, the seller shall have the right to keep the deposit or receive the agreed standard remuneration, subject to Article 6.

If the seller does not accept the offer, or if the sale is not incurred for a reason other than that of the bidder, the seller shall return the down payment. Where the seller, for a reason independent of the offeror, refuses to trade on the terms which have been agreed with the seller or on behalf of the seller in the course of receipt of the deposit, the seller shall, in addition to the return of the deposit, carry out: The amount corresponding to the agreed deposit for the tenderer, subject to Article 6. If, instead of a down payment, a standard remuneration has been agreed, the seller shall, under the conditions laid down in this paragraph, make the amount corresponding to the standard remuneration agreed to the tenderer.

The counterparty shall not have the right to a penalty other than those referred to in paragraphs 2 or 3. However, if the seller is a private person and the tenderer is a consumer, they may agree separately that the withdrawal must compensate for the actual damage caused to that person.

§ 3a (10.06.2005)
Importance of the reservation fee

If the transaction is concluded, the full amount of the booking fee shall be calculated as part of the purchase price. If the transaction does not occur, the seller shall immediately refund the booking fee.

§ 4
Prohibition to receive cash or booking as a deposit or any other running commitment (10.06.2005)

The deposit or reservation charge shall not take the form of a promissory note or any other undertaking whose release or deposit limits the right of the tenderer to make a reservation under Article 1 (1) on the basis of a reservation, bid or contract Allegations of a commitment in good faith to the recipient. (10.06.2005)

Paragraph 1 shall not apply to the bank's own drafts.

Contrary to the provisions of Article 1 (1), it is not permitted to rely on a bill or a running commitment. The debtor's right to make claims against the transferee is expressly provided for.

§ 5
Prohibition of receiving double hand money

When the seller has received the deposit, he shall not receive a second deposit or tender from the same apartment before the first mentioned deposit has been returned to the tenderer or when it becomes clear that the deposit is for the benefit of the seller. Where the seller has taken over the overlapping of the deposit, the tenders which have led to the payment of the deposit are not binding on the tenderers.

ARTICLE 6
Ceiling for certain amounts (10.06.2005)

Under Paragraph 3 (2), the tenderer may lose up to 4 % of the bid price. The same ceiling shall apply to the credit which the seller may have to pay to the tenderer pursuant to Article 3 (3). (10.06.2005)

The amount referred to in paragraph 1 may be adjusted in an individual case if it were otherwise disproportionate, taking into account the reasons for the absence of trade, the damage caused to the counterparty or other factors.

CHAPTER 4

Trade in new dwelling

General provisions
ARTICLE 1 (10.06.2005)
Scope of the chapter

The provisions of this Chapter shall apply when:

(1) a founding partner at the construction stage or after the sale of an apartment for the first time; or

(2) the trader, by the way, sells the apartment for the first time after the construction or renovation of the new construction.

The provisions of this Chapter relating to trade in dwellings shall also apply where a share or share is sold in the same context, which entiters the holder to control housing-related premises, such as garages or storage facilities connected with residential buildings.

Under Article 1 (1) (2) of Chapter 6, the application of the rules governing trade in the occupied dwelling in certain cases is governed by Article 6 (1) (2).

ARTICLE 2
Mandatory

A contractual clause derogating from the provisions of this Chapter to the detriment of the consumer shall be null and void, unless otherwise specified below.

ARTICLE 3 (10.06.2005)
Obligation to complete security

If the accommodation is sold from a housing community which has been subject to a regulation under Chapter 2, and less than one year after the end of the construction phase, the seller must, prior to trade, set up a buyer and the Community in accordance with Section 17 of Chapter 2. A security corresponding to the settlement of the sale of the dwelling. However, a separate security shall not be required if the security lodged pursuant to Article 17 of Chapter 2 is sufficient to cover the sale within the meaning of this Article, or if the dwelling is sold in the participating Community.

The guarantee referred to in paragraph 1 shall apply mutatis mutandis to the provisions of Articles 17, 17a, 18 and 18a of Chapter 2. However, the security shall be valid for a period of at least six months after the residence has been surrendered to the buyer's control. If the obligation to keep the security in force on the basis of Article 17 (3) of Chapter 2 shall expire before that, the security shall remain valid only for the benefit of the purchaser.

§ 3a (10.06.2005)
Performance collateral

If an apartment is sold or otherwise marketed to the consumer from a housing community which has not been subject to Chapter 2, the vendor shall be obliged to ensure that the Community and the purchasers are taken in the event of his or her performance 2 A security in accordance with Article 19 of Chapter 19. The security shall be set before the building authority is to be searched for final viewing by the building supervisor. No collateral is required if the question is additional construction and housing sells or otherwise market the housing community to which the new dwellings are built.

Extradition of administration and documents, cost sharing and liability in trade in new housing
§ 4
Disposal of dwelling and of stock certificates or other documents

In the absence of an agreed date for the disposal of the dwelling, the disposal of the management should take place within a reasonable period of time. When assessing the length of time, account shall be taken of the time required for the completion of a similar dwelling and other considerations.

Unless otherwise agreed, the seller shall not be obliged to give up residence before the purchase price is paid, or for the item referred to in Article 29 (3), before being deposited in accordance with that paragraph. The purchase price shall be regarded as equivalent to the obligations of the purchaser on the basis of an agreement with the seller on the conclusion of an additional or amending contract and agreed to be paid at the latest at the same time as the purchase price. However, the seller must surrender control of the apartment to the purchaser if, due to the seller's breach of contract, there is no ancillary or alteration work when the purchase price should be paid. (10.06.2005)

At the end of the construction phase, the purchaser's right to obtain a book of shares or a book of shares from the keeper of the security documents shall be governed by Article 6 of Chapter 2. In other cases, unless otherwise agreed, the seller shall disclose the documents to the purchaser, or other documents showing the ownership or holding of the dwelling, at the same time as the control of the apartment. (10.06.2005)

§ 5
Costs related to the apartment

Unless otherwise agreed, the seller shall be responsible for:

(1) regular corporate remuneration and other similar payments to the housing community at the time preceding the transfer of the management of the dwelling;

2) costs related to the maintenance, maintenance or improvement of the dwelling at the time before the disposal of the dwelling, at the time when the issue is a running cost based on the use of the commodity, or before the transfer of the control of the dwelling, when: The issue is another type of expenditure; and

(3) public charges for housing, which are subject to payment obligations prior to the transfer of ownership.

However, in the event of a delay in the transfer of the management of the dwelling to a point on the buyer's side, the purchaser shall bear the costs referred to in paragraph 1 from the date on which the contract should have been concluded.

The liability of a new shareholder for the payment of company remuneration to the housing limited company is governed by the Housing Company Act.

The purchaser's obligation to carry out the transfer tax is governed by the Finance Act (181/1996) . (10.06.2005)

ARTICLE 6
Hazardous responsibility

The seller has a stake in the risk that the apartment will be destroyed or damaged from the buyer for an independent reason before it is handed over to the buyer. However, if the transfer of control is delayed by reason of the buyer's side, the risk of liability for the destruction of the dwelling or damage to the seller for an independent reason is, however, at the buyer's disposal from the time when the disposal should have occurred, Provided that the seller has done what the transfer of control requires.

If the purchaser and the property are destroyed or damaged by the seller for an independent reason, the purchaser has to pay the purchase price.

Sanctions for the delay in the sale of the object of the sale of a new place of residence
§ 7
Right to abstain from payment

If, according to the contract, the trade price item is due to be due at a given time prior to the transfer of the management of the dwelling, there are reasonable grounds to assume that the supply of control will be delayed, the buyer shall have the right to hold the purchase price Until the seller is likely to be able to meet the contract in a timely manner or that the security lodged for the fulfilment of the contract is sufficient to safeguard the rights of the buyer.

Where an apartment management or a document referred to in Article 4 (3) is due to the seller's delay at the time when the trading price is due, the buyer shall have the right to refrain from payment of the payment until such time as the transfer takes place. Even after that, the purchaser has the right to deduct from the payment of the part of the purchase price which is necessary for the claim for damages on the basis of the seller's delay.

§ 8
Trade dismantling due to the seller's delay

The buyer may be terminated as a result of the seller's delay if the breach of contract is material.

If the buyer has placed an additional period prescribed for the seller for the purpose of completing the contract and is not unduly short, the buyer shall also terminate the transaction if the seller does not meet the contract within an additional period. In the course of an additional period of time, the buyer may terminate the sale only if the seller declares that he does not fulfil the contract within this period.

If the vendor demonstrates that the delay is due to an obstacle to the construction work, the seller and the contractors involved, as well as the suppliers of those uses, which could not reasonably be taken In the case of trade and the consequences of which cannot reasonably be avoided or won, the buyer shall not trade unless the delay exceeds 60 days. However, if the purchaser were to find himself in an unreasonable situation, if he had to remain in the contract, he would nevertheless be allowed to terminate the transaction without prejudice to this paragraph.

The buyer shall not be allowed to land on account of the seller's delay after the residence and the documents referred to in Article 4 (3) have been surrendered to him.

§ 9
Discharge due to anticipated delay

If there are any compelling reasons to believe that the delay justifies the delay, the buyer may terminate the transaction even before the agreement on the sale of the dwelling is at hand.

ARTICLE 10
Sales inquiry in the event of delay

If the seller asks the buyer whether, in spite of the delay, the buyer accepts the fulfilment of the contract within the prescribed time and the buyer does not reply within a reasonable time after receiving the inquiry, the buyer may not trade if the seller fulfils the contract In the time indicated.

ARTICLE 11
Damage compensation due to the seller's delay

The purchaser is entitled to compensation for the damage he suffers as a result of the seller's delay, unless the seller proves that the delay is the result of an obstacle outside his influence which he cannot reasonably be required to take At the time of trade and the consequences of which he could not reasonably have avoided or won.

If the delay is caused by the contractor or other person who has been used by the vendor or contractor to meet the contract or part of the contract, or the supplier of such a person, the seller shall be released from liability only if also: The person mentioned would be free from liability under paragraph 1.

However, the seller of indirect damage to the buyer shall be liable only if the delay or damage is due to negligence on his side. The indirect injury shall be:

(1) the loss of income to the purchaser due to a breach of contract or the resulting measures; and

2) a material loss of the utility of an apartment, which does not directly cause economic damage, and any other comparable harm which is essential.

However, if the damage referred to in paragraph 3 (1) to (2) is caused by the limitation of other damage, it shall not, however, be regarded as an indirect injury in this respect.

Where the seller's performance in accordance with paragraphs 1 or 2 is an obstacle within the meaning of paragraphs 1 or 2, and the seller does not immediately inform the buyer of the obstacle and its effects on the fulfilment of the contract, the buyer shall be entitled to compensation for damage which could have been avoided if he: Would have been notified in time.

The same entitlement to compensation as the buyer has a member of his family, who is suffering damage as a result of the delay.

ARTICLE 12
Importance of the estimated time of completion

If an estimated date of completion has been reported to the dwelling, the provisions on delay shall apply if the disposal of the accommodation is delayed for more than 30 days. For the purposes of Article 7 (2), the estimated time of completion of the buyer's right to deduct is, however, equivalent to the agreed date of delivery.

The seller may invoke the provisions of paragraph 1 only if the corresponding condition is included in the trade agreement.

ARTICLE 13
Seller bankruptcy

Where the seller's assets are declared bankrupt before the end of the construction phase, the provisions of Article 14 of Chapter 2 shall apply.

If, in another case, the seller's assets are declared bankrupt before the seller has completed the contract, the buyer may terminate the transaction, unless the bankruptcy of the bankruptcy without undue delay declares its commitment to trade and the security of the contract Discharging.

New apartment error
ARTICLE 14
General rule of error

There is a mistake in the apartment if:

1) does not correspond to what can be considered as agreed;

(2) it does not meet the requirements of the provisions or provisions which the building had to comply with when the building supervisor approved it; (17.10.1997/98)

(3) its properties are or can reasonably be expected to be harmful to health;

(4) construction or renovation has not been carried out in accordance with good construction or professional skill and care;

(5) the material used in the construction or repair process, as far as its quality is not separately agreed, is not of good quality or of normal quality; or

(6) The apartment does not correspond to what the apartment purchaser normally has to assume in the context of the trade in such an apartment.

§ 15
Housing information

There is also a mistake in the apartment if:

(1) it does not correspond to the information supplied by the seller prior to the sale of the apartment and which can be presumed to have contributed to the transaction;

(2) prior to trade, the vendor has failed to inform the purchaser of the existence of an apartment in which the State Council Regulation on information to be provided for the marketing of his dwellings (2003) Should have been given, and the omission may be presumed to have affected trade; (10.06.2005)

(3) the seller, by the way, has not informed the purchaser of a particular circumstance relating to an accommodation which he/she has to be expected to have known and which the purchaser was right to expect to be informed and that the omission may be Presumed to have affected trade; or

(4) the seller has not provided the purchaser with the necessary specific information on the use or treatment of the materials or equipment of the dwelling, or has provided incorrect or misleading information on these matters.

The provisions relating to the office shall also apply under the conditions set out in paragraph 1, paragraphs 1 to 3, where the seller has provided incorrect or misleading information about the environment or services in the area or failed to provide information concerning them, A circumstance affecting the use or the value of the dwelling.

The provisions of paragraph 1 shall also apply where the seller, after the sale, has given or failed to provide information prior to the disposal of the dwelling in such a way that it can be expected to have affected the buyer's decision-making.

In accordance with Article 27 of Chapter 6, the seller's responsibility for the non-issue or non-self-issuing of information shall apply mutatis mutandis.

ARTICLE 16
Inspection of dwelling before trade

The buyer shall not be allowed to rely on a point on which he/she must assume that the transaction was made.

If the accommodation is completed, the provisions of Articles 12 and 19 of Chapter 6 shall apply.

§ 17
Time of error and the importance of the guarantee

The inaccuracy of the apartment must be assessed on the basis of the characteristics of the dwelling in the context of the transfer to the purchaser. The seller is responsible for an error which has been in the apartment at this time, even if the error does not occur until later. If the accommodation deteriorates after the transfer of the risk to the buyer, the apartment shall be considered a defect if the deterioration is due to the seller's breach of contract.

Where the seller is provided with a guarantee or an equivalent commitment to assume the suitability of the dwelling, the part of it or the equipment belonging to it, or any other characteristic, in the apartment, in its part or in the device, it is considered to be a mistake, If the dwelling, its component or appliance during this period deteriorates in proportion to the commitment. However, there is no margin of error if the seller is likely that the deterioration is due to an accident, an improper handling of an apartment, a part of it or a device or any other aspect of the buyer's side.

If the guarantee or other commitment referred to in paragraph 2 has been given by someone other than the vendor at the earlier stage of sale or on behalf of the seller, the apartment, its part or the device belonging to it shall be deemed to be an error within the meaning of paragraph 2 Conditions. However, on the basis of the undertaking given by the previous sale, the seller is not responsible for an error which, by the way, would not be liable under this law if the vendor demonstrates that he has informed the purchaser in a clear manner prior to trade.

§ 17a (10.06.2005)
Information on the guarantee

The guarantee shall clearly indicate:

(1) the content of the guarantee and the fact that the buyer has rights under the law and that it is guaranteed not to restrict those rights;

(2) the guarantor, the duration and area of the guarantee and any other information necessary for the presentation of the guarantee.

At the purchaser's request, the guarantee shall be provided in writing or by electronic means in such a way that the data cannot be unilaterally changed and that they remain available to the purchaser.

The buyer has the right to invoke the guarantee, even if it does not meet the requirements laid down in this article.

The consequences of a new accommodation
ARTICLE 18 (17.10.1997/98)
Annual audit

An annual check shall be carried out by the seller stating the errors in the residences and other parts of the property. The annual audit shall be transmitted no earlier than 12 months and no later than 15 months after the building or building-building has been approved by the Construction Authority. The seller shall inform the purchaser, the housing community and the guarantor referred to in Section 19 of Chapter 2 or Section 3 (a) of Chapter 4 of the annual audit at least one month before its submission. The representative of the guarantor has the right to be present in the annual audit. (10.06.2005)

A protocol shall be drawn up by the seller on an annual basis, indicating errors reported by the purchaser and the housing community as well as any errors which may be detected during the inspection. The investor, the housing community and the guarantor referred to in Section 19 of Chapter 2 or Article 3 (a) of Chapter 4 shall be given an opportunity to inspect the minutes and to submit their observations within a reasonable period of at least three weeks. For information inlet. (10.06.2005)

If the annual examination is not provided within the period provided for in paragraph 1, the guarantor shall have the right to organise an annual examination at the expense of the seller. Paragraphs 1 and 2 shall apply, mutatis mutandis, to the guarantor of the obligations of the seller.

Article 18a (10.06.2005)
Error in the part of the property belonging to the housing community

If the error occurs in the part of the property forming part of the maintenance door of the dwelling entity, the entity has the right to invoke the defect instead of the buyer. The Community shall be subject to the provisions of Articles 19, 20, 22 to 24 and 26.

However, the purchaser shall have the right to require the correction of the error referred to in paragraph 1 or other penalties, until the housing community has been elected by the government referred to in Article 23 of Chapter 2. Even after the power to transfer the administration has been transferred to the Community, the buyer shall have the right to reimbursement of the costs incurred by him as a result of the measures taken as a result of the error. What is provided for in this paragraph does not apply to the purchaser who bought an apartment in the Community.

If the housing community does not exercise the right provided for in paragraph 1, the purchaser shall have the right to rely on a defect which has direct adverse effects on an apartment controlled by the buyer.

Article 18b (10.06.2005)
The right of the dwelling community to require correction of an error on behalf of the purchaser

The dwelling entity shall also have the right to require, on behalf of the purchaser, a correction of an error that appears in the part of the property belonging to the purchaser's upkeep if it is necessary to correct the error.

§ 19
Error notice

If the purchaser is not in the course of an annual examination or before the expiry of the period referred to in Article 18 (2) before the expiry of the period referred to in Article 18 (2), even if he should have detected a defect at the latest in the annual examination, he shall lose his right to invoke: A mistake.

If there is an error in the dwelling which the buyer cannot be required to require in an annual examination or before, he shall lose his right to make an appeal if he fails to report the error and the requirements based thereon within a reasonable period of time when: He has observed a mistake or he should have observed it. (10.06.2005)

When assessing when an error has been detected or should have been detected, the decisive factor shall be the date on which the buyer has reached or should have ascertained the meaning of the error.

An error declaration shall be made to the seller or to the person who is required under the contract or any other undertaking for the construction or repair of the dwelling to make a correction to the seller.

§ 20
Derogations from the effects of failure to report error

Notwithstanding the provisions of Article 19, the buyer may invoke an error if:

(1) the seller or someone on his side has been grossly negligent or undignified and unworthy;

(2) the error is based on the fact that the apartment does not comply with the requirements laid down in the provisions or provisions adopted to protect health or property; or

(3) The error is based on the fact that, otherwise, the properties of the dwelling pose a risk to health or property.

ARTICLE 21
Right to abstain from payment

On the basis of a clerical error, the buyer has the right to refrain from paying the remaining portion of the purchase price. However, the buyer must not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of a mistake.

§ 22
The seller's obligation to correct the error

The purchaser shall have the right to require that the error be corrected or otherwise rectified without incurving costs. The seller has the right to reject an objection if the cost of correcting the error would be disproportionate in relation to the importance of the error to the buyer.

Where an adjustment of the error would be caused to the other partner or member of the Community, which is disproportionately high compared to the meaning of the error to the buyer or to the housing community, the corrigendum shall be subject to the agreement of such a shareholder or member. If the correction of the error would cause such damage to the common premises of the building, the corrigendum shall require the consent of the housing community. (10.06.2005)

Paragraph 3 has been repealed by L 7.10.2005 .

ARTICLE 23
The seller's right to correct the error

Even if the buyer does not require correction of the error, the seller may, at his own expense, carry out such an adjustment if he/she is promptly offered to do so by the purchaser. The buyer may refuse an adjustment if it would cause him a material disadvantage, a reduction in the value of the dwelling, or the risk that the costs incurred will not be reimbursed, or if there is another specific reason for refusal. For the housing community and its other shareholder or member, the provisions of Article 22 (2) shall be complied with. (10.06.2005)

The seller shall not rely on the fact that he has not had the opportunity to rectify the error referred to in paragraph 1 if the buyer has remedied the error and, taking into account the circumstances, reasonably be able to expect the buyer to wait for the adjustment From the seller.

§ 24
Date of correction

The correction of the error shall be made within a reasonable time when the buyer has notified the error. However, the correction of an error identified prior to the annual examination may be deferred immediately after an annual examination, provided that the harm to the purchaser is minor and there is no specific reason why it should be remedied. Start earlier.

The buyer may set a reasonable time limit for the seller to correct the error. When the question is a mistake which, under paragraph 1, the seller has the right to defer after an annual examination, the purchaser may set the period referred to above at the earliest in the annual examination or, where the annual examination is not later than Should have delivered.

If, within the period laid down in paragraph 2, the seller has not taken effective measures to correct an error, even if he is obliged to correct an error, the purchaser shall have the right to have an adjustment made by the other and claim compensation in accordance with Article 26. Basis.

ARTICLE 25
Price reduction and trade dismantling due to a mistake

If the correction of the error does not arise, or if the correction is not carried out, or if there are compelling reasons to assume that such a correction shall not be made within the time required by Article 24, the buyer shall:

(1) require a reasonable price reduction commensurate with the error or otherwise incorrect; or

(2) Dissolve the transaction if the breach of contract is material.

If the error of a timeshare is not rectified and the error is not such that entitles the buyer to dissolve the sale, the buyer shall be entitled, instead of a price reduction, to receive reasonable compensation for the inconvenience caused by the error. (10.06.2005)

The buyer has the right to obtain a price reduction for the return to the trade price in the interest rate law (633/1982) At the date of receipt of the purchase price by the seller. (10.06.2005)

§ 26
Damage compensation for error

The purchaser is entitled to compensation for the damage he suffers as a result of an error in the apartment. However, the seller of indirect damage within the meaning of Article 11 (3) shall be liable only if the defect or damage is due to negligence on his side.

The right to compensation under this Article shall also include the damage to the person and the damage caused to the purchaser. However, the seller is not obliged under this article to replace:

(1) the injury caused by an error in the construction or repair of the material used in the construction or in the repair process, unless the damage is caused by negligence on the part of the vendor;

(2) any material injury caused by an error in the construction or repair of the material or other building material in the building where the damage is to the property other than the dwelling in the apartment or, principally, in the private sector; and The damage is due to negligence on the side of the seller; and

(3) damage to property caused by an error in an apartment complex if the damage is to the property without direct access to the device and the damage is not due to negligence on the side of the vendor.

If any other than the seller has undertaken to rectify the error in the apartment or otherwise correspond to the quality of the accommodation or the equipment covered by it, the undertaking of the undertaking shall be liable for the non-fulfilment of the commitment to the buyer On the basis of the criteria laid down in this Article.

The same entitlement to compensation as the buyer has a member of his/her family, who is suffering damage as a result of an error, and by another resident who is suffering damage as a result of an error or a correction.

Other errors in the trade in new housing
§ 27
Financial error

The object of the transaction is an economic error if the seller prior to the transaction is:

(1) provided the buyer with incorrect or misleading information on the financial obligations or liabilities related to the ownership or use of the dwelling in question, such as the company remuneration or part of the share of the shares in the sale of shares in the company's debts, Or the financial condition of the housing community, and the information given may be presumed to have affected trade;

(2) failed to give the purchaser any information on the point referred to in paragraph 1 which, according to the Regulation on the information to be provided for the marketing of housing, was obliged to provide, and the omission may be presumed to have been affected by: Trade; or

(3) otherwise failed to inform the purchaser of the circumstances referred to in paragraph 1, on which he/she has to be presumed to have known, and on which the purchaser was right to assume that he was receiving the information, and that the omission was likely to have affected the transaction.

There is also an economic error in the object of the transaction if the economic condition of the housing community to which the provisions of Chapter 2 of this Act applies at the end of the construction phase is lower than the economic plan in force. (10.06.2005)

Where there is an economic error in the transaction, Article 19 (3) and Articles 21, 25 and 26 shall apply. The purchaser shall not rely on an economic error unless he notifies the seller of an error and a claim based on it within a reasonable period of time when he or she has detected a defect or should have detected it. However, the omission of the buyer does not have such an effect if the seller or someone on his side has acted inappropriately carelessly or unworthy. (10.06.2005)

ARTICLE 28
Legal error

The object of the transaction is a legal error if the collateral is owned by it or part thereof, or if the collateral or other right is not the result of an agreement, that the buyer must accept the object of the transaction within the limits of the right of the branch. The purchaser may also require penalties under a legal error, even where a sideline claims that he has the right to do so, and there are probable grounds for such a claim.

A buyer shall not rely on a legal error unless he notifies the seller of an error and a claim based on it within a reasonable period of time when he or she has detected a defect or should have detected it. However, the omission of the buyer does not have such an effect if the seller or someone on his side has acted inappropriately carelessly or unworthy. Article 19 (3) and Article 21 shall also apply where there is a legal error in the transaction. (10.06.2005)

If the seller without delay takes care of the fact that the right to an end or an error is otherwise rectified, the buyer shall have the right to terminate the transaction or, if the defect is not material, to require the corresponding price reduction.

If a legal error existed at the time of trade, the buyer would be entitled to compensation if he did not know and should not have known about the error. If the error was made after the sale, the buyer shall have the right to compensation if the seller does not demonstrate that the error or damage is not due to his/her conduct.

Obligations of the buyer and penalties for the buyer's contract of contract in the sale of new dwellings
§ 29
Date of payment of the transaction and the duration of the retention period

Unless otherwise agreed, the purchaser shall pay the purchase price at the same time as the management of the dwelling and the document or any other document proving the ownership or holding of the dwelling. The consideration for additional and alteration works not included in the purchase price shall be paid once those works have been completed.

Where the purchase price is agreed to be due in some respects prior to the transfer of the management of the dwelling, the amount of the advance instalments of the trade price shall not be so large that they are disproportionate to the value of the seller's performance at the time of maturity.

At least 10 % of the trade shall not be payable until the purchaser has had a reasonable opportunity to check the accommodation and the management of the dwelling. A portion of the purchase price agreed by the parties, amounting to at least 2 %, shall be paid by depositing it to the seller's account by the seller. If the purchase price of the dwelling is less than 70 % of the unpaid price, the sale price shall be deemed to be the amount of the above mentioned trade price, equivalent to 70 % of the non-debt price of the house sold. The seller may withdraw the sum of the deposit and the deposit rate which may have accrued to it at the earliest one month after the date on which the management of the dwelling has been transferred to the buyer, unless the buyer uses the right under Article 21 to waive the charge and prohibit: The bank to dispose of the deposit or any part thereof to the seller. (10.06.2005)

The contractual condition that the seller, in order to secure his trade price, reserves the right of ownership to the object of the sale of the property or is entitled to the lien on its purchase price as collateral, shall remain in force until the buyer has deposited 3 For the purchase price of the part referred to in the article and paid the other part of the sale to the seller.

ARTICLE 30 (10.06.2005)
Conditions for price rises

If the dwelling is sold from a housing community to which the provisions of Chapter 2 apply or have been applied to the economic plan, the condition that the seller is entitled under certain conditions to increase the agreed purchase price is null and void. Articles 8 and 9 of Chapter 2 are amended to amend the Community's economic plan.

At the time of the sale of an apartment in the housing community, the price increase shall be valid if the increase is based on:

(1) the increase in the construction costs arising from a modification of the law, the decision of the authority or the unforeseeable and force majean obstacle to the construction, on the basis of which the seller is under the construction contract; The obligation to pay the increased price;

(2) to take account of any change in the value of the currency in which the seller is obliged to pay an increased price under the terms of the construction contract; or

(3) a modification of the law or any other additional cost resulting from a decision of the authority which the seller cannot reasonably be required to take into account when the contract is concluded and the consequences of which he could not reasonably have avoided And not win.

The price increase and the basis thereof shall be notified to the buyer without delay.

ARTICLE 31
Specify the details of the dwelling

If, according to the contract, the purchaser is to specify a characteristic of a dwelling or equipment, but he does not do so at the agreed date or within a reasonable time when the seller has requested it, the seller may specify these characteristics As expected to be in the interest of the buyer.

The seller shall inform the purchaser of the specification he has made and set a reasonable period of time for the buyer within which this may alter the specification. If the purchaser does not modify the specification within the prescribed period, it shall be binding.

ARTICLE 32
Discontinuations

If the buyer breaks the contract by cancelling the sale before the apartment is handed over to the buyer, the seller is entitled to compensation for the damage suffered by him in accordance with Article 35.

§ 33
Interest rate on delay

If the buyer does not pay the purchase price on time, the seller has, when the transaction is not withdrawn or dismantled, the right to interest in the interest rate law (263/82) In accordance with

§ 34
The seller's right to dismantle trade

The seller is allowed to land on account of the buyer's late payment if the contract infringement is material.

If the seller has set the additional period for the payment of the payment to the purchaser, which is not excessively short, the vendor shall also terminate the transaction if the payment is not made within an additional period. In the course of an additional period of time, the seller may terminate the sale only if the purchaser declares that he does not make a payment within this period.

The seller shall not be allowed to land on account of the buyer's late payment, after the document or other documents proving the ownership or holding of the dwelling have been handed over to the buyer and not after the sale has been handed over to the buyer, Subject to the arrest of the title.

The seller shall not be allowed to land on account of the buyer's late payment after the delayed payment with interest has been made.

ARTICLE 35
The seller's right to damages

If the seller disposes of a buyer because of late payment or if the buyer withdraws in accordance with Article 32, the seller shall be entitled to compensation for the cost of resale of the dwelling and the special costs incurred by him Resulting from the conclusion and completion of the contract and of which he is likely to be unable to benefit otherwise. For any other loss, the seller is entitled to compensation, which is reasonable, taking into account the agreed price, the date of termination of the contract or the cancellation of the contract, as well as other considerations.

However, the seller is not entitled to compensation if the late payment or withdrawal of the sale of the buyer is due to the provision of the law, the interruption of public transport or of payment services, or any other similar aesthetic which the purchaser cannot reasonably To avoid or win.

The agreement that the remuneration to be paid by the purchaser is determined in accordance with a specific purchase price or other standard basis is valid if the compensation provided for in the contract is reasonable, taking into account the termination of the contract, or The damage normally caused by the cancellation and the provisions of this Article.

Article 38 provides for the settlement of damages.

Other provisions for trade in new housing
§ 36 (10.06.2005)
Additional provisions on the dismantling of trade

If the transaction is terminated or the buyer withdraws the transaction, the seller shall reimburse the purchase price. In addition, if the transaction is demolished, the vendor shall pay interest on the return to the refund. Article 3 of the Corinth Act The interest rate referred to in paragraph 2, including the date on which he received the payment. If the purchaser has received control of the residence or the documents referred to in Article 4 (3) of this Chapter, he shall give them back to the seller.

If the transaction is terminated after the residence is handed over to the buyer, and the buyer has received significant profits or benefits from the apartment, he shall pay a reasonable fee to the seller. In the case of the purchase of the buyer, the transaction must take into account the damage caused by the breach of contract due to the buyer, as well as other factors.

Where the purchaser has incurred the necessary or useful costs, the seller shall pay a reasonable fee to the purchaser in the event of unloading.

ARTICLE 37
Good deterioration of the apartment and the buyer's right to dissolve

If, during the management of the buyer, the condition of the dwelling has deteriorated more than what can be considered as normal wear or if the dwelling has been damaged during this period and this is due to negligence on the side of the buyer, the buyer shall not trade unless he: Compensate the seller for the resulting depreciation.

ARTICLE 38
Conciliation on injury compensation

Any award of damages on the basis of a breach of a contract may be settled if it is disproportionate taking into account the cause of the breach, the possible contribution of the counterparty to the injury, the property conditions of the parties, the sale price of the dwelling, the damage The ability of the party responsible to anticipate and prevent the occurrence of injury and other factors.

The compensation payable by the purchaser pursuant to Article 35 may be settled, in particular, if the late payment or cancellation of the transaction is caused by the payment difficulties which the purchaser is experiencing due to illness, unemployment or other specific circumstances. Mostly omatta charges.

ARTICLE 39 (10.06.2005)

§ 39 has been repealed by L 7.10.2005 .

ARTICLE 40
The application for damages in certain cases

Actions under the provisions of this Chapter relating to:

(1) damage to dwellings caused by an error in the building or repair building, or by an ingredient in any other building in the building, or in the case of residential movable property, mainly in private use; or

(2) damage to property in the immediate use of a device which is caused by an error in the installation's needs;

Shall be raised within three years from the date of receipt of the compensation for the occurrence of the damage and the obligation to pay. However, the action shall be instituted within ten years of the calculation of the liability for the movement of the material, component or appliance causing the damage.

ARTICLE 41
Relationship with other provisions for damages

The provisions of this Chapter are without prejudice to the right of the injured party to claim compensation for damages (412/74) , product liability (694/90) Or any other law.

CHAPTER 5

Other provisions on liability of the first seller and supplier of an apartment

ARTICLE 1
The right of the dwelling community to invoke the construction contract

The housing community has the right to invoke the content of the contract for construction or repair, even if it is not a party to this Agreement and even though the Community's governing body is before the Community administration's transition to Community buyers Approved the derogation to the detriment of the Community.

ARTICLE 2
Right to compensation under Community law

The right of the Housing Community and its shareholder or member to claim compensation under Community law does not preclude the fact that the procedure on which the claim for compensation is based is before the Community administration's management of the Community administration Or that the management body of the Community has granted discharge prior to the transfer of the administration concerned.

ARTICLE 3
Incorrect liability of the first vendor to a subsequent buyer

The purchaser of an apartment has the right to invoke the provisions of Chapter 4 relating to an apartment error in relation to the seller of an apartment within the meaning of Article 1 of Chapter 4. (first seller of the dwelling) Even if he bought an apartment from a third person.

However, the buyer does not have such a right:

(1) in the case of an error which arose from the first seller of the dwelling for an independent reason, after he relinquished the apartment;

(2) in so far as the first seller of the dwelling has already credited the error of the dwelling to the previous owner or the housing community; (10.06.2005)

(3) if the previous owner of the dwelling was not able to rely on an error in accordance with Sections 19 and 20 of Chapter 4; and

(4) in so far as the requirement relates to a price reduction or the return of the purchase price and exceeds the amount which the first vendor's own party could have required on the same basis.

§ 4
Error notice

The purchaser loses his right to make claims under Article 3, unless he declares a mistake and his basic requirements for the first seller of the dwelling within a reasonable period of time when he discovered or should have observed the error, and When he had at his disposal the necessary information on the first seller of the apartment. (10.06.2005)

However, notwithstanding paragraph 1, the buyer may not rely on an error if:

(1) the first seller of the dwelling to which the claim is addressed has been grossly negligent or undignified and unworthy;

(2) the error is based on the fact that the apartment does not comply with the requirements laid down in the provisions or provisions adopted to protect health or property; or

3. The error is based on the fact that the properties of the dwelling pose a risk to health or property.

§ 5 (10.06.2005)
Validity of the guarantee in favour of a subsequent buyer

The security in accordance with Chapter 2, points 17, 18b, 19 or 19c, or Article 4 (3) or (3) (a) of Chapter 4 shall also be valid for the benefit of the purchaser who, during the period of validity of the guarantee, has purchased an apartment from a third person.

ARTICLE 6
The responsibility of the supplier to the buyer

If there is a mistake in the device belonging to the apartment, the buyer shall: Article 31 of Chapter 5 of the Consumer Protection Act (1994) The right to impose requirements on a trader who, on a previous sales step, has given up the equipment for resale or housing.

However, the purchaser of an apartment does not have the right referred to in paragraph 1 if the previous owner of the dwelling did not claim that he had failed to make a mistake. However, the failure of the first seller of an apartment shall be without prejudice to any subsequent buyer's right to invoke the error.

§ 7
The mandatory nature of the provisions

A contractual clause limiting the rights under this Chapter to the housing community or to the consumer is null and void.

CHAPTER 6

Trade in occupied dwelling

General provisions
ARTICLE 1 (10.06.2005)
Scope of the chapter

The provisions of this Chapter shall apply when:

(1) the apartment is sold used; or

2) other than the trader sells the apartment for the first time after the construction or renovation of the new construction.

The person who purchases an apartment as a founder member is entitled to make claims on the basis of a defect in accordance with the provisions of Chapter 4. The right of the purchaser to make claims for the first seller of the apartment is laid down in Chapter 5.

ARTICLE 2
Possibility of derogating from the provisions under contract conditions

Where the seller is a trader and the buyer is a consumer, a contract term which derogates from the provisions of this Chapter to the detriment of the purchaser shall be null and void, unless otherwise specified below.

Where the seller is a trader other than the trader, the provisions of this Chapter may be waived by written agreement. However, if the buyer is the consumer:

(1) the position of the buyer cannot be undermined by Article 8-10 and Article 25; and

(2) the rights under Articles 14-17, 20 and 21 may be restricted only in respect of the elements specified in the contract.

ARTICLE 3
The inclusion of the necessary items in trade

Equipment and other objects in the apartment's usual place of residence, which are in the apartment at the time of presentation to the purchaser, are included in the trade, unless otherwise agreed.

Supply of control and documents, allocation of costs and liability for trade in occupied dwelling
§ 4
Disposal of dwelling and of stock certificates or other documents

The seller shall disclose to the buyer the management of the dwelling and the book of shares or other documents showing the ownership or holding of the dwelling at the agreed date. Unless otherwise agreed, the above documents shall be surrendered at the same time as the management of the dwelling.

However, the seller shall not be obliged to surrender the management of the dwelling and the documents referred to in paragraph 1 before the buyer pays the purchase price unless it has been agreed that the purchase price or part of it is due later.

§ 5
Costs related to the apartment

Unless otherwise agreed, the seller shall be responsible for:

(1) regular corporate remuneration and other similar payments to the housing community at the time preceding the transfer of the management of the dwelling;

(2) costs related to the maintenance, maintenance or upgrading of the dwelling in the period before the transfer of the dwelling, when the issue is a running point based on the use of the commodity, or which are incurred before the transfer of the management of the dwelling; When there is another type of expenditure; and

(3) public charges for housing, which are subject to payment obligations prior to the transfer of ownership.

However, in the event of a delay in the transfer of the management of the dwelling to a point on the buyer's side, the purchaser shall bear the costs referred to in paragraph 1 from the date on which the contract should have been concluded.

If the accommodation is already in the hands of the buyer, the responsibility for the expenditure referred to in this Section shall be transferred to the buyer at the time of trade, unless otherwise agreed.

The liability of a new shareholder for the payment of company remuneration to the housing limited company is governed by the Housing Company Act.

The purchaser's obligation to carry out the transfer of funds is governed by the transfer tax law. (10.06.2005)

ARTICLE 6 (10.06.2005)

Paragraph 6 has been repealed by L 7.10.2005 .

§ 7
Hazardous responsibility

The seller has a stake in the risk that the apartment will be destroyed or damaged from the buyer for an independent reason before it is handed over to the buyer. However, if the transfer of control is delayed by reason of the buyer's side, the risk of liability for the destruction of the dwelling or damage to the seller for a reason which is independent of the seller is, however, at the buyer's point of view, from the time of the conclusion of the contract for the disposal of: I was supposed to.

If the place of residence is already in the hands of the buyer, the place of risk shall be transferred to the buyer at the time of the sale.

If the purchaser and the property are destroyed or damaged by the seller for an independent reason, the purchaser has to pay the purchase price.

Penalties for the delay in trade in the place of sale of the object of sale
§ 8
Right to abstain from payment

Where, in the event of a delay in the sale of an apartment or a document or other documents proving the ownership or holding of a dwelling, the seller shall, on account of the delay in the sale of the dwelling or holding, at the time when the purchase price or part of the contract is due to be due, the buyer shall: The right to refrain from payment until such time as the transfer takes place. Even after that, the purchaser has the right to deduct from the payment of the part of the purchase price which is necessary for the claim for damages on the basis of the seller's delay.

If, according to the contract, any part of the purchase price is due at a given time prior to the transfer of the management of the documents referred to in paragraph 1 above, there are reasonable grounds to assume that there will be a delay in the disposal of the management, The buyer has the right to waive the payment of the purchase price until the seller makes it likely that he will be able to complete the contract in time.

§ 9
Discharge and damages

If the seller does not give up on time the management of the dwelling or the documents referred to in Article 4 (1), the buyer shall have the right:

(1) dissolve the transaction if the delay is essential to him, and the dismantling must not be regarded as disproportionate; and

2) to receive damages unless the vendor proves that the delay or damage is not due to negligence on his side.

However, if the seller is a trader, the buyer has the right to terminate the transaction and to obtain compensation in accordance with the criteria laid down in Articles 8 and 11 of Chapter 4.

The buyer shall not be allowed to land on account of the seller's delay after the management of the apartment and the documents referred to in Article 4 (1) have been released.

ARTICLE 10
Discharge due to anticipated delay

If there are compelling reasons to assume that the delay in the landing will occur, the buyer may terminate the transaction even before the contractual date of completion is at hand.

The error of the apartment
ARTICLE 11
General rule of error

There is a mistake in the apartment if:

1) does not correspond to what can be considered as agreed;

(2) it does not correspond to the information supplied by the seller prior to the sale of the apartment and which can be expected to have contributed to the transaction;

(3) prior to trade, the vendor has failed to inform the purchaser of a specific circumstance relating to an accommodation which he/she has to be presumed to have known, and which the purchaser was right to assume, having regard to his To observe that fact in the verification of the apartment referred to in Article 12, the seller's awareness of the specific requirements imposed by the purchaser and other circumstances, and the omission may be presumed to have affected trade; or

(4) it is significantly worse in terms of its equipment, condition or other characteristics than that of the purchaser, taking into account the price of the dwelling, its age, the normal level of equipment in the area, the reasonable accommodation level; General requirements and other considerations.

The provisions relating to the office shall also apply, subject to the conditions laid down in paragraph 1 (2) and (3), where the seller has provided incorrect or misleading information about the environment or services in the area, or has failed to provide information concerning them, A circumstance affecting the use or the value of the dwelling.

If the seller is a trader, there is also a defect in the apartment if the seller has, prior to trade, failed to give the purchaser the information on housing which, according to the regulation on the marketing of housing, would have been The obligation to give, and the omission may be presumed to have affected trade.

ARTICLE 12
Prior inspection of the dwelling

The buyer shall not be allowed to rely on a point on which he/she must assume that the transaction was made.

If, prior to trading, the buyer has checked the place of residence or the opportunity offered by the vendor, he shall not be allowed to rely on a point which he should have observed during the inspection.

The buyer cannot, without the seller's request or any other particular reason, be obliged to check the accuracy of the information provided by the seller in his/her apartment and not to extend the verification of the apartment in the circumstances for which specific technical measures are required; Or other non-conventional arrangements.

Paragraphs 1 and 2 shall not apply where, at the time of the sale, the buyer cannot be required to understand the importance of that point or if he has had reason to assume that it will be corrected before the management of the dwelling is released. Moreover, the provisions mentioned shall not apply where the seller has acted negligently or in an undignified and undignified manner, and in so far as Article 19 of this Chapter is concerned.

ARTICLE 13
Date of predominant error

The provisions of Section 17 of Chapter 4 shall also apply to an error assessment in accordance with the provisions of this Chapter.

Penalties for the error of the apartment
ARTICLE 14 (10.06.2005)
Error notice

The purchaser shall not rely on a defect unless he notifies the seller of the error and the requirements based on it within a reasonable period of time when he discovered the error or should have observed it. When assessing when an error has been detected or should have been detected, the decisive factor shall be the date on which the buyer has reached or should have ascertained the meaning of the error.

If the buyer fails to report an error and its claims on the seller within two years from the date on which the management of the apartment has been handed over to him, he loses his right to invoke it. If an apartment is already in the hands of the buyer, the two-year period shall start to run from the date of trade. The provisions of this paragraph shall not apply if the seller is a trader.

Notwithstanding the provisions of paragraphs 1 and 2, the buyer may not rely on an error if the seller has acted inappropriately or in an undignified and undignified manner.

§ 15
Right to abstain from payment

On the basis of a clerical error, the buyer has the right to refrain from paying the remaining portion of the purchase price. However, the buyer must not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of a mistake.

ARTICLE 16 (10.06.2005)
Price reduction and trade dismantling due to a mistake

The buyer has the right to a reasonable price reduction commensurate with the error or otherwise. The buyer has the right to obtain a price reduction for the return to the trade price Article 3 of the Corinth Act At the date of receipt of the purchase price by the seller.

The right of the buyer to obtain compensation instead of a price reduction is governed by Article 25 (2) of Chapter 4.

The buyer has the right to terminate the transaction if the defect is material to him and the other penalty cannot be considered reasonable.

If the seller is a trader, the buyer shall have the right to terminate the transaction under the conditions laid down in Article 25 of Chapter 4.

§ 17
Damage compensation for error

The purchaser is entitled to compensation for the damage he suffers as a result of an error in the apartment, unless the seller proves that the error is not due to negligence on his side.

If the seller is a trader, the purchaser shall be entitled to damages in accordance with the criteria laid down in Article 26 (1) and (2) of Chapter 4.

ARTICLE 18 (10.06.2005)
Liability of the trader for the repair and improvement of the apartment

Where a seller is a trader and a seller has previously made or commissioned an apartment repair or improvement work, the purchaser shall have the right to require that an error in such work be rectified and the seller has the right to correct the defect as in Chapter 4, 22-24 § provides.

If the seller is the trader and the seller performs the purchaser's orders for repair and improvement work, the number of consumer contracts is in force. Chapter 8 of the Consumer Protection Act .

§ 19
The position of the buyer on both sides being careless

If the buyer invokes a point on which the seller has failed to provide the information referred to in Article 11 and the purchaser is guilty of negligence or other negligence within the meaning of Article 12, the purchaser may, in accordance with Article 12, Without prejudice to a reasonable price reduction in the circumstances.

Other errors in the trade in occupied dwellings
§ 20 (10.06.2005)
Financial error

An economic error shall be made if:

(1) the seller, prior to trade, has provided the buyer with incorrect or misleading information on the financial obligations or liabilities related to the ownership or use of that dwelling, such as the company formula or part of the part of the shares to be sold; The share of the company's debts, or the financial condition of the housing community, and the information given may be presumed to have affected trade;

(2) the seller, prior to trade, has failed to inform the purchaser of the circumstances referred to in paragraph 1, on which he/she has to be presumed to have known, and which the purchaser was right to assume, having regard to the possibility of obtaining such information; The fact that the normal pre-trade declaration and other circumstances are identified, and the omission may be presumed to have affected trade; or

(3) the financial obligations or liabilities relating to the ownership or use of the dwelling in the apartment or other parts of the property have been shown to be significantly higher than that of an unexpected defect or deficiency which occurred after the transaction; The purchaser has had a legitimate reason to require.

Where the seller is a trader, irrespective of the provisions of paragraph 1 (2), where the trader has failed to provide information on the point referred to in paragraph 1 (1), which he/she has provided, According to the Decree of the Council of State on the information to be given in marketing, it would have been required to provide, and the omission was likely to have contributed to the transaction.

Where there is an economic error in the transaction, the provisions of this Chapter shall apply.

ARTICLE 21
Legal error

The object of the transaction is a legal error if the collateral is owned by it or part thereof, or if the collateral or other right is not the result of an agreement, that the buyer must accept the object of the transaction within the limits of the right of the branch. The purchaser may also require penalties under a legal error, even where a sideline claims that he has the right to do so, and there are probable grounds for such a claim.

If the seller does not immediately ensure that the right of the party ceases to exist, the buyer has the right to terminate the transaction or, if the defect is not material, to require the corresponding price reduction. Article 14 (1) and (3) provides for a false declaration, and Article 15, which provides for the right to deduct from the right to deduct, also applies where there is a legal error in the object of the transaction.

If a legal error existed at the time of trade, the buyer would be entitled to compensation if he did not know and should not have known about the error. If the error was made after the sale, the buyer shall have the right to compensation if the seller does not demonstrate that the error or damage is not due to his/her conduct.

Obligations of the purchaser and penalties for buyer's contractual infringements in the trade in occupied dwelling
§ 22
Payment of trade price

Unless otherwise agreed, the purchaser shall, having obtained a reasonable opportunity to check the apartment and a book of shares or other documents demonstrating the ownership or holding of the dwelling, pay the purchase price, at the same time as the management of the dwelling and the release of the documents For him.

ARTICLE 23
Interest rate on delay

If the buyer does not pay the purchase price or the part of it in good time, the seller is entitled to interest in the interest rate in accordance with the interest rate law.

§ 24
The seller's right to dismantle trade

The seller is allowed to land on account of the buyer's late payment if the contract infringement is material.

If the seller has set the additional period for the payment of the payment to the purchaser, which is not excessively short, the vendor shall also terminate the transaction if the payment is not made within an additional period. In the course of an additional period of time, the seller may terminate the sale only if the purchaser declares that he does not make a payment within this period.

The seller shall not be allowed to land on account of the buyer's late payment after the book or other documents proving the ownership or holding of the dwelling have been handed over to the buyer.

The seller shall not be allowed to land on account of the buyer's late payment after the delayed payment with interest has been made.

ARTICLE 25
The seller's right to damages

The seller is entitled to compensation for the damage suffered as a result of late payment by the purchaser, unless the purchaser proves that the delay is due to the provision of the law, the interruption of public transport or the payment of charges or any other similar impediments to: The buyer cannot reasonably avoid or win.

If the seller is a trader and as a purchaser the consumer, the liability of the purchaser shall be valid, as provided for in Section 35 of Chapter 4. (10.06.2005)

§ 26 (10.06.2005)
Discontinuations

If the seller is a trader and as a purchaser the consumer, the withdrawal of the transaction shall be valid, as provided for in Section 32 of Chapter 4. In accordance with Section 35 of Chapter 4, the obligation for the buyer to pay for the withdrawal of trade is therefore determined.

Other provisions on trade in occupied dwelling
§ 27 (10.06.2005)
Information not provided by the seller

The provisions of the seller's liability before or without the trade in the seller's liability shall also apply where the information has been given or has been committed by a trader or other agent acting as an intermediary for the seller's behalf. The seller's representative and also where the information provided by the seller or his representative is included in the host certificate or otherwise originates from a representative of the Community whose shares or other equity are traded.

The liability of the real estate agent is governed by the law on the exchange of real estate and rental apartments.

The liability of the Community and its representative as referred to in paragraph 1 shall be laid down in Chapter 7.

ARTICLE 28
Additional provisions on the dismantling of trade

If the transaction is terminated or the buyer withdraws the transaction, the seller shall reimburse the purchase price. If the transaction is demolished, the vendor shall pay interest on the return to the refund. Article 3 of the Corinth Act The interest rate referred to in paragraph 2, including the date on which he received the payment. If the purchaser has received control of the apartment or the documents referred to in Article 4 (1) of this Chapter, he shall give them back to the seller. (10.06.2005)

If the transaction is terminated after the residence is handed over to the buyer, and the buyer has received significant profits or benefits from the apartment, he shall pay a reasonable fee to the seller. In the case of the purchase of the buyer, the transaction must take into account the damage caused by the breach of contract due to the buyer, as well as other factors. (10.06.2005)

Where the purchaser has incurred the necessary or useful costs, the seller shall pay a reasonable fee to the purchaser in the event of unloading.

If, during the management of the buyer, the condition of the dwelling has deteriorated more than what can be considered as normal wear or if the dwelling has been damaged during this period and this is due to negligence on the side of the buyer, the buyer shall not trade unless he: Compensate the seller for the resulting depreciation.

§ 29
Conciliation on injury compensation

Article 38 of Chapter 4 provides for compensation for damages, including compensation for damages under the provisions of this Chapter.

CHAPTER 7

Outstanding provisions

The seller's right of recourse
ARTICLE 1
Right to bail on the basis of information provided by the representative of the housing community

Where the seller of an apartment has been liable for error on the basis of information contained in the certificate issued by the seller to the purchaser of the host, or otherwise originating from a representative of the Community whose shares or units are concerned, the seller Shall be entitled to compensation for damage to the entity or person concerned, unless this proves that there is no negligence on the part of the certificate or information.

If the seller or his representative has been negligent in issuing a certificate or information to the purchaser, the damages may be settled according to the circumstances of the circumstances.

ARTICLE 2
Right to guarantee on the basis of errors in construction

Where, pursuant to this law, the seller of an apartment has been held liable for an error in an apartment caused by the construction or repair of the building or by the contractor or any other person who took part in the construction or design , the seller is entitled to compensation for damage to the trader, irrespective of whether the seller is in agreement with him.

In the event of a defect in the construction or repair of the equipment used in the construction or repair of the dwelling, the seller shall be entitled, in the same way, to obtain compensation from the person who has prepared or imported an erroneous A material or device, or, where the error is due to a subsequent reseller procedure, the dealer concerned. Where an apartment vendor has had to replace the material injury suffered by the material or device referred to above, the right to compensation shall be transferred to the product (694/90) In respect of the seller.

Where the liability of more than one person referred to in Article 1 (1) or (2) has been the cause of an error in the dwelling or the injury suffered, each liability shall be determined in accordance with the conditions laid down in Reasonable.

Selling of an apartment in the bank (10.06.2005)
§ 2a. (10.06.2005)
Obligation and liability of the holder

What is laid down in this Act on the liability of the seller does not apply to the holder of the deposit when he/she is sold as collateral.

Before closing the transaction, the holder shall inform the purchaser that the question is to be sold and that the holder's liability is based on the information he or she would have been obliged to disclose when selling the apartment. In addition, if the holder is a professional lender and is marketed to consumers, the obligation to provide information shall be in force as laid down in the Council Regulation on the marketing of dwellings.

The holder shall be required to replace the damage caused to the purchaser by the non-disclosure of information referred to in paragraph 2. The same applies if the holder has provided the purchaser with incorrect information about the dwelling or has failed to inform the purchaser of an essential factor affecting trade, on which he must be presumed to have known and from which the purchaser was right May have expected to be informed.

Dispute handling
ARTICLE 3
Conditions of arbitration

Before the dispute arose, the condition of the dispute between the trader and the consumer in the arbitration procedure is not binding on the consumer.

§ 4 (13.3.2009/141)
Legal place

The competent court and court agreement shall be governed by: In Chapter 10 of the Court of Justice .

Penalty provisions (10.06.2005)
§ 5 (10.06.2005)
Infringement of consumer protection rules

If, in breach of Article 11 (1) or (2) of Chapter 2 of Chapter 2 of Chapter 2, a founding partner, in breach of Article 11 (1) or (2) of Chapter 2, or fails to fulfil its obligation to notify in accordance with Article 15 of Chapter 2, he shall be condemned Infringements of the rules on protection of purchasers Fine or imprisonment for a period not exceeding one year, unless the act otherwise provides for a more severe penalty.

Infringements of the consumer protection rules are also condemned:

(1) the person providing a Community contribution to the management of the dwelling, to be purchased by the consumer before the security documents referred to in Chapter 2 have been surrendered in accordance with the provisions of Chapter 2;

(2) the marketing of a Community share eligible for the management of the dwelling in breach of Article 3 (a) of Chapter 4, without the existence of a security in favour of the housing community and purchasers in accordance with Article 19 of Chapter 2; or

(3) the trader who, by marketing, offers the housing stock to the consumer.

Paragraph 2 (3) does not apply to a group developer consultant who markets group building for consumers within the meaning of the block-building law. (13/05/191)

Insurance provisions (10.06.2005)
ARTICLE 6 (30.11.2015)
Guidance on collateral

The Competition and Consumer Agency shall draw up guidelines on the security provided for in Chapters 2 and 4 and in cooperation with the municipal building supervisors, ensure that, prior to construction, instructions are made available to: Building or building apartments.

§ 7 (17/04/2013)
Certificate of certificate of performance

The Founding Fathers or the other seller referred to in Chapter 4 shall ensure that, in the context of the final review, a certificate of invalidity lodged in accordance with Section 19 of Chapter 2 or Section 3 (a) of Chapter 4 shall be issued to the building supervisor. In the cases referred to in Article 3 (a) of the Security Documents, or in the cases referred to in Article 4 (3a), the guarantor shall, upon request, issue a certificate of security. The certificate shall indicate which of the construction projects the certificate relates to, what kind of security is lodged and for whom it is valid. On the obligation to inform the Agency of the lack of a certificate to the Office for Competition and Consumer Protection (132/1999) Article 153 b .

CHAPTER 8

Entry into force

ARTICLE 1
Entry into force:

This Act shall enter into force on 1 September 1995. However, Article 19 of Chapter 2 shall enter into force at the time laid down by the Regulation. (17.7.1995, P.

Before the entry into force of this Act, measures may be taken to implement it.

ARTICLE 2
Implementing provision

The provisions of Chapter 2 shall not apply where the housing shares of the company in question have been taken to be purchased before the entry into force of this Act.

The provisions of Chapter 3 shall not apply to a takeover bid or a contract concluded before the entry into force of this Act.

Articles 4 and 6 shall not apply to an agreement concluded before the entry into force of this Act.

Articles 3 and 4 of Chapter 5 shall not apply if the person concerned has sold an apartment before the entry into force of this Act. Article 6 of that Chapter does not apply to the requirement of a purchaser who cannot invoke: Article 31 of Chapter 5 of the Consumer Protection Act , if the person concerned has surrendered the device before the entry into force of this Act.

The provisions of Chapter 7 shall not apply to a requirement arising before the entry into force of this Act.

THEY 14/94 , TaVM 24/94

Entry into force and application of amending acts:

17.7.1995 /979:

This Act shall enter into force on 1 September 1995.

THEY 18/95 , TaVM 7/95

17.10.1997-91:

This Act shall enter into force at the time laid down by the Regulation.

Articles 19, 19a and 19b of Chapter 2 shall not apply if the shares of the company in question have been taken to be purchased before the entry into force of those articles. Article 14 (2) of Chapter 4 shall not apply if the person concerned has sold an apartment before the entry into force of this Act.

THEY 58/1997 , YmVM 7/1997, EV 114/1997

6.4.2001/317:

This Act shall enter into force on 1 June 2001.

THEY 201/2000 YmVM 1/2001, EV 18/2001

7.10.2005/795

This Act shall enter into force on 1 January 2006.

The provisions of Chapter 2 shall not apply in the case of new residential dwellings in the housing community, or in the housing community, to be offered to the consumer before the law enters into force.

The provisions of Chapter 3 shall not apply to a reserve or takeover bid before the entry into force of the law.

Article 7 (3) (a) and 7 (7) of Chapter 7 of the Act shall not apply where the building permit for building or building dwellings is issued before the law enters into force.

The provisions of Chapter 4-6 shall not apply to an agreement concluded before the law enters into force.

The provisions of Article 7 (a) of Chapter 7 of the Act on the liability of the holder shall not apply to the damage caused by the holder's proceedings before the law enters into force.

THEY 21/2005 , TaVM 13/2005 EV 90/2005

13.3.2009/14:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009

22.12.2009/1:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

22.12.2009/16:

This Act shall enter into force on 1 July 2010.

THEY 24/2009 , YmVM 10/2009, EV 206/2009

30.11.2012/6821:

This Act shall enter into force on 1 January 2013.

THEY 108/2012 , TaVM 9/2012, EV 98/2012

17.1.2014/42:

This Act shall enter into force on 1 September 2014.

THEY 147/2013 , YmVM 9/2013, EV 212/2013

6.3.2015/19:

This Act shall enter into force on 1 September 2015.

THEY 228/2014 , TaVM 24/2014, EV 233/2014