Construction in Exchange for Land Shares and Construction Contracts

Prepared by: Constantinople

The Basis of the Transfer Obligation

If you paid for an apartment bought from a contractor but title is withheld, first examine the contractor's right over that independent unit. The landowner may remain registered, or the contractor's transfer may depend on conditions. Payment evidence matters, but cannot be said alone to justify registration against everyone. The agreements must be connected.

The Contract and Payment Trail

Alongside your agreement and annexes, the construction agreement in exchange for land shares and unit allocation list are needed if available. Payment receipts, collection receipts, delivery documents and the land register entry are assessed together. Matching the project apartment number with the official independent-unit number matters. Official records and documents are used to investigate other sales or undertakings concerning the same unit.

The Contractor's Earned Entitlement and Transfer Risk

Whether the contractor performed its obligations to the landowner may affect the right available for transfer. Characterisation as a consumer transaction, assignment of a claim or promise of sale does not produce identical results. Where title is unavailable or risky, price and damages claims are considered separately. Merely sending the contractor a notice should not be regarded as sufficient before deciding whom to sue.

File Review

In a paid review, we trace the legal chain between payment and title entitlement and explain missing documents and claim options. Descriptions of overseas transfers and seller correspondence should be retained. If a further transfer or project winding-up threatens, provisional protection is assessed too. Definite delivery of title is not promised without document review.