It is a type of contract that comes up in the constructions to be sold from the project. When establishing a prepaid housing sales contract, it is necessary to determine the value of a real estate for residential purposes in advance.
In this case, it is expected to be clearly stated how much the consumer has signed under the price, and how much the seller is burdened with the debt of transferring the immovable to the consumer at a price.
A prepaid housing sales contract is a contract that imposes a debt on both parties in terms of its legal nature. The seller cannot ask the consumer to pay under any name or provide any documents that put the consumer in debt, unless a valid contract has been concluded. Without obtaining a building permit, a prepaid housing sales contract cannot be concluded with consumers.
The pre-paid housing sale must be registered in the land registry, and the sales promise agreement must be made in the form of a notarized arrangement. Otherwise, the seller cannot subsequently assert the invalidity of the contract to the detriment of the consumer. It is a preliminary contract to take the cost of the housing and make a sales promise contract for future delivery. It is not a substitute for the prepaid housing sales contract.
In the sale of prepaid housing, the transfer or delivery period may not exceed thirty-six months from the date of the contract. With the registration of the floor easement in the land registry on behalf of the consumer, the transfer and delivery are deemed to have been made in the event of the transfer of ownership.