To ensure that the terms of the sale and sale agreement do not unduly favour the promoter, all proponents must adopt the form of purchase and sale contract prescribed by the HDA. While Calendar H is mandatory for the sale and purchase of a dwelling in a building subdivided in the form of land or land intended to be divided into parcels, such as condominiums, dwellings, townhouses and/or layered land. Depending on the type of construction, a developer is required to provide free ownership (VP) of the property within 24 months (for Schedule G of HDR agreements) or 36 months (for Schedule H of HDR agreements). If VP is delivered after the expiry of the prescribed period, the promoter is required to compensate the client for the delay (paragraph 24, paragraph 2, schedule G-Vertrages/Klausel 25, paragraph 2, of the agreement according to schedule H). Forms of sale and purchase are prescribed in the schedules of the 1989 Control and Licensing Regulations. On the basis of the agreement, the developer is not able to publish the email, as each notification must be sent by recommended or manual letter.5 In addition, Schedules H and G do not provide for a clause or derogation clause in the agreement to protect the developer`s interests if the developer is exposed to this scenario, i.e. MCO.dem or any other higher event that prevents compliance with the respective obligations of the parties in the agreement. When will the 24/36 months start? From the date of the first payment by the buyer or from the date of the purchase and sale contract (« SPA »)? The forms of sale and sale of the second model are prescribed according to schedule I and schedule J of the Control and Licensing Regulations 1989. Except for the payment method, all the terms of sale in Calendar I are similar to the G schedule, and the J calendar are similar to the H schedule.
If you purchase land (i.e. bungalows or semi-detached houses) under construction by a developer, the developer must adopt the model agreement in accordance with Schedule G of the Control -Licensing Regulations 1989.