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  1. 2 Rejent

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  1. 1 Swaczyna B.

  2. 1 Watrakiewicz M.

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  1. 2 2023

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1

Umowa rezerwacyjna

100%
Watrakiewicz M.
Rejent
|
2023
|
issue 6 (386)
54-69
EN
The article deals with a reservation agreement. This contract can precede a development agreement or other contracts. The reservation agreement is regulated by 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. The article is trying to clarify a legal nature of this agreement and to indicate a number of theoretical and practical problems relating to this contract.
2

Umowa rezerwacyjna - zagadnienia wybrane

75%
Swaczyna B.
Rejent
|
2023
|
issue 3 (383)
91-107
EN
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 the reserved object. An optional element of the agreement is a reservation fee paid by the reserving party. The fee amount must not exceed 1% of the reserved object price. In case of the breach of the reservation agreement the developer shall be liable for damage arising from it. The reservation expires upon the leaps of the term specified in the reservation agreement.
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