In Nalchik, a scandal erupted around the construction of a high-rise building. The businessman said that he became an investor in a new building of a well-known developer in the KBR. However, having invested 100 million, the entrepreneur was allegedly left with nothing. The correspondent of NewsTracker understood the situation.
In a statement to the Department of Economic Security and Anti-Corruption of the Ministry of Internal Affairs of the Russian Federation for the KBR, the Nalchik businessman Yakub Kardanov writes that in May 2018 he decided to invest in the construction business. He was introduced to a well-known developer in Nalchik, Edik Bolotokov.
At that time, Bolotokov began to build a new apartment building on Moskovskaya Street in Nalchik.
“He offered me to become an investor, to invest the necessary funds in the construction, and his company, OOO Spetsstroy, would build the house. Bolotokov calculated the necessary costs, they amounted, according to him, to 60-70 million rubles, ”the statement says.
Further, Kardanov writes that he invested both his own funds and borrowed funds in the construction.
According to the terms of the contract, after the completion of construction, subject to the fulfillment of its obligations, the developer had to transfer to the investor part of the apartments, as well as areas for commercial activities and parking spaces. In total – 60 percent of the area. Completion of construction and commissioning of the residential complex were scheduled for May 31, 2022.
Where did the apartments go?
Further, Kardanov reports that, starting from June 2018 to 2022, he, at the request of Bolotokov, contributed about 100 million rubles to the cash desk of Spetsstroy LLC.
The developer explained the increase in the cost of the object by inflation, an increase in the cost of building materials and other unforeseen expenses.
“Starting in December 2021, Bolotokov began to evade reports on the progress of construction. Then he began to demand changes in the parameters of the agreement on the redistribution of profits after the sale of premises from 60/40 to 50/50, without explaining this with any objective reasons, ”the statement says.
Kardanov writes that in May 2022 he learned that Spetsstroy LLC was offering for sale apartments and premises in an apartment building under construction without his consent, and in fact the entire part of the house that was supposed to be transferred to him after commissioning was sold.
Subsequently, he found out that transactions with apartment buyers were formalized by concluding an interest-free loan agreement and a settlement agreement, according to which the premises were transferred to repay the loan. These agreements make it possible to issue an apartment in the property.
“Thus, we are talking about the theft of property due to me and its transfer to third parties,” Kardanov points out.
According to lawyer Aslan Bazhev, who represents the interests of Kardanov, a check was carried out on this application and a criminal case was initiated. The case is currently under investigation.
“I was in shock”
NewsTracker contacted equity holders who bought apartments in the said building. They said that they had already been called to law enforcement agencies to testify about the purchase of apartments.
“I was shocked to find out what happened. I sold my apartment and bought it in a house under construction, because I wanted a lower floor because I have sore legs. I hoped that I would quickly get an apartment, but now everything has stalled, and it is not known when I will get it, if I get it at all, ”said one of the equity holders.
Another replied that the problems that had arisen did not concern her: “I paid the money, and I will get my apartment. Let the developer return the investor’s money.”
The third answered that there is hope that the investor and the developer will agree among themselves. “We hope that they will agree among themselves, and we will not be left without apartments. For example, I pay off a mortgage loan and live in a rented apartment. There is no other way I can solve my housing problem. And people like me are the majority.
“He is worried, wrote a statement”
Kharabi Pshukov, a lawyer for Spetsstroy LLC, denied allegations that the company is trying to deprive the investor of his share. “We have to finish building. Each party will receive their share. And the equity holders will get their apartments,” he assured.
According to Pshukov, the investor invested 100 million rubles in the construction of the house, of which 30 million were later returned to him due to the fact that “he had problems.” As a result, Kardanov invested 70 million. “And for this amount he wants to take almost everything,” the lawyer says. At the same time, the company built two apartment buildings with a total cost of 500 million rubles, Pshukov explained.
“When the construction is over, we will sit down and count who is entitled to what. Kardanov will receive his retail space, parking spaces, his apartments, ”the lawyer assured. “But he is worried, he went and wrote a statement against us. Indeed, they opened a criminal case. All this only slows down our work, hinders us.”
He noted that since 2020, Kardanov has stopped investing in construction, so the company had to borrow money from citizens. But, in his opinion, this will not affect Kardanov’s interests in any way.
Lawyer Aslan Bazhev, commenting on the situation, said that the developers of Kabardino-Balkaria do not want to comply with the requirements of federal legislation and properly formalize relationships with equity holders.
“According to the law, equity participation agreements must be drawn up, which undergo state registration, and where the rights and obligations of the parties are prescribed. Such an agreement is the only document that confirms both the very fact of the shareholder’s participation and his right to receive an apartment. The shareholder’s money must be deposited into escrow accounts in banks. The essence of the escrow account is that the developer will not receive the money until he transfers the first apartment to the buyer. These requirements of federal legislation do not apply here, because developers prefer to build houses with the money of equity holders in order not to take loans, or use their own money. And the equity holders are led to this, unfortunately, and this is also their fault, ”Aslan Bazhev believes.
Ps Fraud for 100 million rubles. LLC “Spetsstroy”
Director Bolotokov Edik.
Both judges and employees of the Federal Security Service for the KBR participated in his machinations. Their names and surnames are familiar to everyone.