Real estate operations are not familiar in everyday life for people whose professional activity is not related to its purchase or sale.Constituting deposit contract, a person is often faced with many questions, the answers to which will help to find this article.
Definition and function of the contract deposit
drawing up a contract of deposit, the buyer and seller have three goals that provides the following functions:
- Finance, iethe amount of the deposit is included in the total amount of the transaction;
- confirms thatThe deposit serves as both the seller and the purchaser confirmation of the intention of the transaction;
- Ensuring commitments.
dwell on the third function.The deposit ensures that commitments of both the seller and the buyer.This provision shall be subject only to the obligations specified in the contract, and not made by any party to the contract.The deposit paid by the buyer, but he obliges the seller to perform all preliminary arrangements.Wrong to think that the deposit is only beneficial to the seller.Benefit cost of the contract is that if the buyer does not fulfill the conditions of the contract, the amount of the deposit remains with him in full.The benefit of the buyer - that, if the seller has violated the preliminary agreement, the money is given to the buyer double the amount.It is for these reasons that the deposit agreement beneficial to both parties to the transaction.
legislation provides the written form of the Deposit Agreement with the mandatory registration of a notary.In practice, the contract deposit shall be made in cases of exceeding the contract amount of 100 000 rubles, as a rule, buying a car or property.Although the deposit may serve as collateral for every sales transaction.The size of the deposit is from 5 to 10% of the contract value, a consensus on this issue is produced by the negotiations between the two sides.
Can I return the deposit?
return of the deposit is possible only if the agreement concluded in writing and registered with a notary.If you will return the deposit for an apartment in the contract must be registered size of the deposit, the apartment price and terms of the transaction.
deposit for the apartment is always refundable if not matured contractual obligations or performance of the contract is not possible for objective reasons, tend to correspond to the definition of force majeure (death, natural disasters and so on.).
In all other cases, the deposit is either the seller or the buyer is given double.If a peaceful solution to the problem is not possible, then you should consult with a claim to the courts.The preparation of the statement of claim must be preceded by preparation of claims against the side evades to perform the contract deposit.
This step is very important for enforcement proceedings.The complaint should be alert to evade the direction of your intention to go to court and asked to return the money within a specified period.
If the second party to the contract does not respond to your demands - serve a statement of claim in court.The statement of claim should be attached all the documents proving your legal position.It should be remembered that the statement of claim is served at the place of permanent registration of the second party in the case.
Real estate always involve risk, so when it is desirable to enlist the support of the conclusion of a lawyer who will be engaged in legal support.A lawyer will be superfluous, if we have to solve the problem through legal proceedings.
