چکیده:
In Iran, like some other countries, a special law regarding building pre-sale agreements was finally approved on 2010/12/03. This law, by obligating the acquisition of a permit for pre-sale advertising, ending construction operations on time, formalizing the contract, determining penalties for delays in fulfilling the obligations of the pre-seller, gradual transfer of ownership of the building to the pre-buyer, the impossibility of selling and seizing the pre-sold unit, the right to claim the current price of construction in cases where the pre-buyer has the right to cancel or in the event of a reduction in the area stipulated in the pre-contract, the possibility of completing the building by the pre-buyer and arranging the official transfer deed by him, the pre-seller's quasi-responsibility for damages resulting from construction defects, is a comprehensive law protecting the pre-buyer and has blocked many abuses and frauds and clarified many controversial issues.
خلاصه ماشینی:
This law, by making it mandatory to obtain a permit for advertising pre-sales, stipulates the completion of foundation operations within a certain timeframe, the formalization of the contract, the determination of penalties for delays in fulfilling the obligations of the pre-seller, the gradual transfer of ownership of the building to the pre-buyer, the prohibition of selling and seizing the pre-sold unit, the right to claim the current construction price in cases where the pre-buyer has the right to cancel or in the event of a shortfall in the area specified in the pre-contract, the possibility of completing the building by the pre-buyer and arranging the official transfer deed by him, and the pre-seller's quasi-responsibility for damages resulting from construction defects, is a comprehensive law protecting the pre-buyer and has blocked many avenues for abuse and fraud and clarified many contentious issues.
According to it, the official owner of the land (the pre-seller) undertakes to construct or complete a specific building unit on that land, and the said building unit comes into the ownership of the other party to the contract (the pre-buyer) from the beginning or during construction or after the completion of construction operations, shall be considered a “building pre-sale contract” within the meaning of this law.
Such opinions included: commitment to sell the building (Shahidi, 20:1383); future sale (Langroudi, 952:1386); sale conditional on construction (Katouzian, 1387, No. 188, Velayon, Year 53:1385); indefinite contract subject to Article 10 of the Civil Code (Hatami & Zakerinia, 86:1389); analysis of the contract into two legal acts: sale of land and the pre-seller's commitment to construct (Ahmadi & Ghadanfari, 276:1387).
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