When planning to purchase housing, it is necessary to familiarize yourself with important points in order not to overshadow a significant event in the future. For example, examine the agreement on a deposit when buying an apartment, a sample of a future contract of sale, the amount of the advance payment and the presence of a stack of documents. When the buyer and seller found each other, the deal did not close right now. Typically, this moment moves aside for a week or more. And so that no one changes their mind about their intentions to sell / buy real estate, a security is a deposit.
Deposit definition
Deposit - a guarantee of the conclusion 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 party to the contract to another as a guarantee of the transaction and against future payments.
In the case of transactions on the sale and purchase of housing, as a rule, the buyer who 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, taking a monetary obligation, guarantees to stop the sale process before the conclusion of the transaction. The amount is entered 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 interest an average person who is not familiar with the rules of sale. Such a situation: a potential buyer comes (alone or with a realtor, it doesnโt matter) to look at the apartment, he is happy with everything and agrees to buy it. The seller also likes everything, and they agree on a deal. But for a complete transfer of rights, you need: a full package of documents on both sides, the entire amount of money from the buyer and free at the moment, always verified, a notary. A number of issues cannot be resolved in an hour or two. Therefore, for the thorough preparation of documentation, it takes time 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 for an apartment cheaper and agreed to buy it, then the seller remains out of work. All the charms of the deposit in its functions. Therefore, an agreement on the deposit when buying an apartment, a sample of which will be discussed below, is a prerequisite in this mercantile society.
Deposit function
- Warranty role - fixing the obligations of two parties, which in case of refusal or conclusion of a transaction with third parties incur material losses.
- Payment role - when fulfilling the terms of the contract, the deposit is an advance payment against future payment.
- Evidence function - proof that the transaction will be completed.
When choosing a home, the realtor warns the client (buyer) about the need to make a deposit and calls to sign a deposit agreement when buying an apartment. A sample document can be made in any form, but certain information must be indicated.
How to make a deposit agreement?
Before making a deposit, an agreement is concluded and a preliminary copy of the contract of 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 required information:
- Name of document, place of compilation and date.
- Passport data of the parties to the agreement.
- The list of owners of real estate for sale.
- The total value of the property.
- An object for which a guaranteed amount is given (address, area).
- Deposit amount (in words and numbers).
- Dates of fulfillment of obligations.
- Penalties for failure to comply with the terms of the agreement.
- Certification of a document by signatures of the parties.
The agreement is made in duplicate. The deposit is not made out by any other documents, including a receipt. It is recommended to transfer the money to the seller in the presence of third parties. And yet, the agreement on the deposit when buying an apartment (sample of this document) does not require notarization. But for a better money back guarantee, it is better to contact a specialist.
What is the optimal deposit amount?
This is a question that interests both parties (the buyer and seller) before signing an agreement on making a guaranteed amount, obliging further purchase of real estate. The size of the deposit when buying an apartment is negotiated individually in each case, 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 penalties for non-compliance with the obligations of the agreement and the likelihood of a transaction is maximized.
Buying an apartment: advance payment or deposit?
The main difference between these two sums of money is the degree of responsibility of the parties. If the obligations are observed, the deposit does not impose any responsibility 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 a deposit, then he returns to the buyer a double amount (Civil Code).
- If the buyer changes his mind about purchasing real estate, then the seller reserves the right to not refund the deposit.
These two conditions are met with the exception of force majeure. In this case, the deposit is returned to the buyer without applying sanctions to the parties.
In the case of an advance, in case of refusal by any of the parties to further rewrite the rights to the apartment, the amount of the payment made is simply returned to the owner (buyer).
Deposit transfer rules
The document certifying the truth of the transfer of funds is a receipt when buying an apartment. The deposit made by the buyer as a guarantee of the acquisition of housing in the future, in addition to the agreement, must be issued with a receipt confirming the transfer. This document is filled out by the seller by hand and without corrections. The requirements are the same as when drawing up the deposit agreement: passport details of the parties; purpose of payment and reason for transfer; place of writing, amount; reference to the preliminary contract; date and signature.
Be sure to have originals of title documents when depositing ! If the property is purchased in a marriage or privatized for the whole family, then when drawing up a preliminary contract, a deposit agreement, the presence of all owners is necessary.
Deposit when buying an apartment: form
SECURITY AGREEMENT (data invented)
__________ "___" ________ ____
Nikitin Nikita Nikitovich, passport of the PP N12345 series, issued by _________ ROVD, June 15, 2005, registered at the following address: Moscow, st. Moskovskaya, 1/1, hereinafter referred to as the Seller , and Oleg Olegov Olegov, passport series OO N 54321, issued _________ ROVD, May 16, 2004, registered at: Moscow, st. Red, d. 2/2, hereinafter referred to as the Buyer ,
have entered into this agreement as follows:
- The seller undertakes to sell (transfer to ownership), and the Buyer undertakes to buy (acquire ownership) in the future, up to _____________ years, an apartment located at: _______________________________ at the price of __________________ (____________) rubles.
- The indicated apartment consists of _______ living room. The total area of โโthe apartment excluding the area of โโloggias (balconies) is _____ (in words ______________) sq. m, located on the _________ floor of a residential building. Cadastral number _________________.
- In order to ensure the fulfillment of the obligations undertaken, the Buyer makes a deposit to the Seller for the purchased apartment in the amount of ____________ (_____________) rubles.
- The term for concluding a contract of sale is ________. Or indicate the condition after which the transaction will be completed within a few working days.
- The final cost of the apartment is ___________________________ rubles.
- In case of non-performance of the contract through the fault of _____________________________, the deposit in the amount of _________________ (___________________) rubles shall remain with _____________________________________.
(FULL NAME)
- The agreement is made in 2 copies, one for each of the parties.
Signatures of the parties