Let's say the apartment is for sale. You are its owner. And the buyer has already been found, and the price has been negotiated finally, and the conditions are suitable for everyone. Or, on the contrary, you have found the very apartments that suit you completely and completely, and you do not want to lose them. Both in the first and in the second case, a deposit for an apartment is needed. He will become the guarantor of the transaction, to some extent protecting both the seller and the buyer. The deposit when buying an apartment (partial redemption of the cost and negotiated by both parties) is left in most cases and has become quite familiar.
The final settlement takes place upon signing all documents on the transfer of ownership. To avoid misunderstandings and controversial issues will only allow a deposit agreement for an apartment, or preliminary. It must be concluded in writing, with notarization. It is undesirable to draw up regular receipts, since both parties are at great risk. An official document is very powerful. You can make a deposit for an apartment both in agencies that have ready-made forms and are ready to provide their services at any time, or independently, with the help of a lawyer.
To buy, as well as to sell without a deposit, is ignoring elementary security. Do not hand the money to the seller (buyer) in person if:
- there is no title document;
- there is no one of the parties completing the transaction;
- not all apartment owners;
- redevelopment is not legalized (if it was carried out);
- there are no owners registered in the apartment being sold;
- the apartment is on lease.
The seller and the buyer sign a deposit agreement, after which the buyer transfers the money to the seller. After the final processing of all documents related to the sale of the apartment, then the final settlement will be made between the parties.
If one of the parties changes his mind (the seller does not give the goods away or the buyer refuses it himself), what will be the fate of the deposit? Will I have to give it up?
And here pitfalls are exposed. The same insurance. The deposit for the apartment (or simply advance payment) is not only part of the amount, but also the provision of obligations. In case of refusal of one of the parties (either from the sale or from the purchase), the legal consequences come into force. If the culprit in the failure to fulfill the contract is the party that provided the deposit for the apartment, the deposit should not be returned. If the party that received it is the culprit, the doubled amount of the amount left is returned (unless otherwise provided in the contract).
The design of the deposit should be used only in contracts where obligations and responsibilities of both parties are negotiated. Otherwise, they, of course, will be in unequal positions.
Indeed, the buyer, having made a rather considerable amount, will not just refuse an apartment for nothing (seller’s insurance), but if he changes his mind, then he will have to pay moral damages . And the seller is unlikely to risk backtracking: in this case, she will lose the amount deposited and deposit as much from her pocket.
It is very important to understand which contract you are signing, since it can be not only bilateral, but also tripartite, where the realtor acts as a third party.
Real estate companies that select apartments for their customers and bring buyers and sellers together are directly interested in selling (no less than the seller himself), because they live on the interest received from transactions.
You may be offered a tripartite deposit agreement, according to which the buyer has agreed to purchase an apartment, so he makes a certain amount in payment. But here the realtor receives money, and not the seller. A failed transaction in this case will cover the losses not only of the seller, but also of the realtor.