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The Act on the protection of the purchaser of dwelling premises or a detached house and the Development Guarantee Fund of 2022 has introduced some changes in the matter of the right of withdrawal and the right to terminate a real estate development contract. However, many issues still raise doubts as, similarly to the preceding law of 2011, the new law does not contain a comprehensive regulation in...
The article deals with a number of theoretical and practical problems relating to the legal nature of the developer agreement, in the form that this contract has received in the new Law of May 20, 2021 on the Protection of the Rights of the Purchaser of a Dwelling or Single-Family House and the Developer's Guarantee Fund. Its primary research objective is to try to answer the question of whether the...
The list of weaknesses of the previous law is long and varied. It contained conceptual and technical-legislative errors. The direction of changes introduced by the new law should be assessed positively. In particular, it modified the personal scope of the Act, expanded the catalogue of contracts subject to its regime, redefined the development project and strengthened the protection of the buyer....
In the Developer Act of 2021, compared to the Act of 2011, the scope of pre-contractual information specified in the standard information form constituting an appendix to the Act was increased and clarified. Due to the broader scope of the current act, the pre-contractual information concerns a larger catalog of contracts. The main information tool is the standard information form, but other methods...
A reservation agreement can precede a development agreement or other agreements specified in art. 2 par. 1 pkt. 2, 3, 5, art. 3 or 4 u.o.p.n.DFG. Through the reservation agreement the developer obliges himself to respect the priority of the reserving party to acquire a specified premises or house. However, the reserving party may not seek the conclusion of the contract leading to the acquisition of...
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