planning to buy a house, you need to familiarize yourself with the important points in order not to overshadow a landmark event in the future.For example, to examine the agreement on the advance when buying an apartment, a sample of the future contract of sale, the amount of the advance and the presence of piles of documents.When the buyer and seller have found each other, this very minute deal is not concluded.As a rule, this time pushed back a week or more.And to no one changed his mind about his intentions to sell / buy real estate, deposit safety net serves.
deposit - guarantee the transaction, expressed in monetary terms.The definition given in Article 380 of the Civil Code.That is the amount that is transferred by one party to another contract as a guarantee of the transaction and future payments.
In the case of carrying out operations on sale and purchase of housing, as a rule, the buyer opted for a particular apartment, prior to the transaction leaves the deposit
This form of performance guarantees known for a long time and is popular in today's society.
Why not just deal?
This question may be interested layman who is not familiar with the rules of buying and selling.Such a situation: a potential buyer comes (alone or with a realtor, it does not matter) to look flat, it suits all, and he agreed to buy it.Seller also like everything, and they agree on a deal.But for the complete transfer of necessary: a complete package of documents on both sides, the whole amount of money from the buyer and the free at the moment, certainly proved a notary.A number of issues can not be solved in an hour or two.Therefore, thorough documentation necessary time during which the buyer can come to number 2 and offer $ 100 more for a house, then a contender for the purchase of number 1 may be left without apartments.Or, conversely, the first buyer of the day went to see an apartment is cheaper and has agreed to buy it, then the seller is irrelevant.All the charm of the deposit in its functions.Therefore an agreement on the advance when buying an apartment, the sample preparation which will be discussed below, this is a mercantile society, a prerequisite.
- Warranty role - binding commitments on both sides, which in the case of failure or enter into transactions with third parties are material losses.
- Payment role - under the conditions of the deposit contract is a down payment against future payments.
- Evidentiary function - evidence that the transaction will be made.
choosing housing, realtor warns the customer (buyer) the need to make a deposit, and calls to sign an agreement on the advance when buying an apartment.The sample document can be made in an arbitrary manner, but must be given certain information.
How to draw up a contract of deposit?
Before making a deposit agreement is drawn up and a copy of the preliminary contract of sale of real estate, which is not subject to state.Registration does not give the buyer full ownership of property is a legal basis for the registration of the transaction in the future.
Treaty when buying an apartment deposit must contain the following required information:
- title of the document, the date and place of preparation.Passport data
- parties to the agreement.
- list of owners of real estate sold.
- The total value of real estate.
- object for which a guaranteed amount (address area).
- size of the deposit (in words and figures).
- penalties for non-compliance with terms of the agreement.
- Assurance document signed by the parties.
agreement made in duplicate.No other documents the deposit is not made, including receipt.The money transfer is recommended seller in the presence of a third party.Also, an agreement on the advance when buying an apartment (a sample of this document) does not require notarization.But for the most money-back guarantee is better to see a specialist.
What is the optimal amount of the deposit?
This is a question that interests both parties (buyer and seller) before signing an agreement on the introduction of the guaranteed amount, binding the further purchase of real estate.The size of the deposit when buying an apartment specified in each case individually, since not secured by any law.Usually it is 5-10% of the final amount of the apartment.
The higher the deposit, the higher the penalties for non-compliance with treaty obligations and the probability of the transaction maximum.
Buying an apartment: an advance or deposit?
The main difference between the two sums of money in the degree of responsibility of the parties.Subject to the obligation to deposit any liability side does not impose and will be credited against future payments for the price of real estate.But:
- If the seller refuses to conclude a contract for the sale of property upon receipt of the deposit, then he returns to the buyer the amount at double the rate (the Civil Code).
- If the buyer changes his mind to buy real estate, then the seller reserves the right of non-repayment of the deposit.
These two conditions are fulfilled with the exception of force majeure.In this case, the deposit is returned to the buyer without the application of sanctions to the parties.
In the case of advance payment, in case of failure of any party to further rewrite the rights to the apartment, the amount of a payment is simply returned to the owner (purchaser).
deposit transfer rules
document confirming the truth of the transfer of funds in favor receipt when buying an apartment.The deposit, which makes the buyer to guarantee the acquisition of property in the future, in addition to the agreement must be issued a receipt confirming the fact of the transfer.This paper fills the seller by hand and without corrections.The requirements are the same as in the preparation of an agreement on the advance: passport details of the parties;purpose of payment and the reason for the transfer;place of writing, the amount of money;a reference to the preliminary contract;date and signature.
sure to carry the deposit originals of legal documents!If the property acquired in marriage or privatized for the whole family, whereas in the preparation of the preliminary contract, the deposit agreement requires the presence of all the owners.
deposit when buying an apartment: form
Deposit agreement (fictitious data)
of __________ "___" ________ ____ of
Nikita Nikitin Nikitivich passport PP Series N12345, issued _________ police station on 15 June 2005, registered onaddress: Ul.Moscow, d. 1/1, hereinafter referred to as Seller , and Oleg O. passport GS Series N 54321, issued by the police department _________ 16 May 2004, registered at the address: Ul.Red, d. 2/2, hereinafter referred to as Buyer ,
entered into this agreement as follows:
- Seller agrees to sell (to transfer ownership), and the Buyer agrees to buy (acquire ownership) in the future up to _____________, the apartment, located at: _______________________________ as low __________________ (____________) rubles.
- This apartment consists of a living room _______.Total area excluding area loggia (balcony) is _____ (in words ______________) square.m, located on the floor of the house _________.Cadastral № _________________.
- in through enforcement commitments buyer makes a deposit to the Seller for the purchased apartment in the amount of ____________ (_____________) rubles.
- term of the contract of sale is ________.Either specify the condition, after which the transaction will be made for a certain number of working days.
- final cost of the apartment is ___________________________ rubles.
- In case of default of the contract due to the fault _____________________________ deposit of _________________ (___________________) rubles remains at _____________________________________.
- Agreement is made in two copies, one for each party.