2024 Author: Howard Calhoun | [email protected]. Last modified: 2024-01-09 14:06
When planning to purchase housing, you need to familiarize yourself with important points so as not to overshadow a significant event in the future. For example, study the deposit agreement when buying an apartment, a sample of a future sale and purchase agreement, the amount of the advance and the presence of a pile of documents. When the buyer and the seller have found each other, the transaction is not concluded this very minute. As a rule, this moment is postponed for a week or more. And so that no one changes their mind about their intentions to sell / buy real estate, a deposit acts as a safety net.
Definition of deposit
Deposit - a guarantee of the transaction, expressed in cash. The definition of the term is given in Article 380 of the Civil Code of the Russian Federation. That is, this is the amount that is transferred by one participantagreement to another as a guarantee of the transaction and against future payments.
In the case of transactions for the sale and purchase of housing, as a rule, the buyer, who has opted for a particular apartment, leaves a deposit to the seller before the transaction. Thus, the buyer is instructed not to change his mind and bring his choice to the signing of the contract. And the seller, having taken a financial obligation, guarantees to stop the sale process before the conclusion of the transaction. The amount is paid into the deposit agreement when buying an apartment.
This form of performance guarantee has been known for a very long time and is popular in modern society.
Why not a deal right away?
Such a question may be of interest to an average person who is not familiar with the rules of sale. This is the situation: a potential buyer (alone or with a re altor, it doesn't matter) comes to see the apartment, everything suits him, and he agrees to buy it. The seller also likes everything, and they agree on a deal. But for a complete transfer of rights, it is necessary: a full package of documents from both sides, the entire amount of money from the buyer and a free at the moment, necessarily verified, notary. A number of issues cannot be resolved in an hour or two. Therefore, for careful preparation of documentation, time is needed for which buyer No. 2 can come and offer $ 100 more for housing, then the applicant for purchase No. 1 may be left without an apartment. Or, conversely, the first buyer went the next day to look at an apartment cheaper and agreed to buy it, then the seller is out of work. All the charms of the deposit in its functions. Therefore, an agreement on a deposit when buying an apartment, a sample of which will be discussed below, is a prerequisite in this mercantile society.
Deposit function
- Guarantee role - fixing the obligations of the two parties, which in case of refusal or the conclusion of a deal with third parties incur material losses.
- Payment role - when the terms of the contract are fulfilled, the deposit is an advance payment against future payment.
- Evidence function - proof that the transaction will be completed.
When selecting housing, the re altor warns the client (buyer) about the need to make a deposit and encourages him to sign a deposit agreement when buying an apartment. A sample document can be drawn up in any form, but certain information must be indicated.
How to draw up a deposit agreement?
Before making a deposit, an agreement is concluded and a preliminary copy of the contract for the sale of real estate is drawn up, which is not subject to state. registration, does not give the buyer full ownership of the home, is the legal basis for the transaction in the future.
The deposit agreement when buying an apartment must contain the following mandatory information:
- Document title, place of compilation and date.
- Passport details of the parties to the agreement.
- List of owners of real estate for sale.
- Total costreal estate.
- Object for which the guaranteed amount is given (address, area).
- Amount of deposit (in words and figures).
- Deadlines for performance of obligations.
- Pen alties for non-compliance with the terms of the agreement.
- Certification of the document by the signatures of the parties.
The agreement is made in duplicate. The deposit is not issued by any other documents, including a receipt. It is recommended to transfer money to the seller in the presence of third parties. And yet, an agreement on a deposit when buying an apartment (a sample of this document) does not require notarization. But for a better money-back guarantee, it's best to contact a specialist.
What is the optimal deposit amount?
This is a question that interests both parties (buyer and seller) before signing an agreement on the deposit of a guaranteed amount that obliges the further purchase of real estate. The size of the deposit when buying an apartment is negotiated in each case individually, since it is not fixed by any legal norms. Usually it is 5-10% of the final amount of the apartment.
The higher the deposit, the more expensive the pen alties for non-compliance with the obligations of the agreement and the likelihood of a transaction is maximum.
Purchasing an apartment: advance or deposit?
The main difference between these two sums of money is the degree of responsibility of the parties. If the obligations are met, the deposit does not impose any liability on the parties and is credited against the future payment for the price of the property. But:
- If the seller refuses to conclude a contract for the sale of housing after receiving the deposit, then he returns the buyer the amount in double the amount (the Civil Code of the Russian Federation).
- If the buyer changes his mind about purchasing the property, then the seller reserves the right not to return the deposit.
These two conditions are met except in cases of force majeure. In this case, the deposit is returned to the buyer without imposing sanctions on the parties.
In the case of an advance payment, if either party refuses to further rewrite the rights to the apartment, the amount of the payment made is simply returned to the owner (buyer).
Rules for the transfer of deposit
A document certifying the truth of the transfer of funds is a receipt for the purchase of an apartment. The deposit that the buyer makes as a guarantee of the purchase of housing in the future, in addition to the agreement, must be issued with a receipt confirming the fact of transfer. This document is filled out by the seller by hand and without corrections. The requirements are the same as when drawing up an agreement on a deposit: passport data of the parties; the purpose of the payment and the reason for the transfer; place of writing, size of the amount; link to the preliminary contract; date and signature.
It is obligatory to have the originals of title documents when making a deposit! If the property was purchased in marriage or privatized for the whole family, then when drawing up a preliminary contract, an agreement on a deposit, the presence of all owners is required.
Deposit when buying an apartment: form
DEPOSARY AGREEMENT (fictitious data)
g. _ "_"_ _ g.
Nikita Nikitovich Nikitin, passport series PP N12345, issued by _ District Department of Internal Affairs, June 15, 2005, registered at the address: Moscow, st. Moskovskaya, d. 1/1, hereinafter referred to as the Seller, and Oleg Oleg Olegovich, passport series OO N 54321, issued by _ District Department of Internal Affairs, May 16, 2004, registered at the address: Moscow, st. Krasnaya, d. 2/2, hereinafter referred to as the Buyer, have entered into this agreement as follows:
- The Seller undertakes to sell (transfer ownership), and the Buyer undertakes to buy (acquire ownership) in the future up to _ year an apartment located at: _ at a price of _ (_) rubles.
- The specified apartment consists of _ living room. The total area of the apartment, excluding the area of loggias (balconies), is _ (in words _) sq. m, located on the _ floor of a residential building. Cadastral number _.
- In order to ensure the fulfillment of its obligations, the Buyer pays the Seller a Deposit for the purchased apartment in the amount of _ (_) rubles.
- The term for the conclusion of the contract of sale is _. Or specify a condition after which the transaction will be completed within a few working days.
- The final cost of the apartment is _ rubles.
-
In casenon-fulfillment of the contract due to the fault of _ a deposit in the amount of _ (_) rubles remains with _.
(full name)
- The agreement is made in 2 copies, one for each of the parties. Signatures of the parties
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