We draw up an agreement on a deposit when purchasing an apartment in the form of a contract
Content
- 1 What is a deposit for an apartment?
- 2 Why do you need a security deposit?
- 3 What is better when buying a living space: an advance or a deposit?
- 4 How to correctly draw up a deposit agreement for residential premises?
- 5 Drawing up a receipt for receiving a deposit for an apartment
- 6 How to determine the amount of the deposit?
- 7 Procedure for transfer of security payment
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In order to correctly draw up an agreement on a deposit when purchasing an apartment, it is necessary to understand all the intricacies and take into account all the nuances of this process. In this article we will tell you what it is, consider all the nuances when drawing up a deposit agreement, explain how to correctly draw up a deposit agreement when buying an apartment, and determine its optimal size.
What is a deposit for an apartment?
The deposit for an apartment is a certain amount of money that is transferred to the seller and serves as a guarantee that the transaction will take place.
In other words, this is a partial payment for the goods (in our case, this is residential premises), which confirms the seriousness of your intentions and provides a guarantee that the sale of the goods has been suspended and it will go to you. You can get acquainted with the concept in more detail, from the point of view of legislation, in Articles 380 and 381 of the Civil Code of the Russian Federation.
Why do you need a security deposit?
You can, of course, confirm the seriousness of your intentions in other ways: make an advance payment or put money in a safe deposit box, however, in these cases you will not protect yourself from refusal to conclude an agreement.
In this case, a deposit is the best option. After all, even if the transaction did not take place, the buyer (if it did not take place on the initiative of the seller), or the seller (if the buyer refused the deal) will in any case remain in the black: in the first case, the seller is obliged to pay double the amount, in the second - prepayment remains to the seller.
In addition, if fraudsters act as the seller when purchasing a living space, a correctly drawn up deposit agreement for the purchase of an apartment will make it easier to find them. Fraudsters use various tricks, for example, they take an advance and disappear, and in the end the person is left without part of the money and without housing.
If the deposit for the purchase of an apartment is completed according to all the rules, the document will contain all the information about the scammers, by which they can be found.
An example of a deposit agreement and its sample when purchasing an apartment can be found on your own, but it will be better if it is drawn up by a competent lawyer. You can take advantage of legal advice without leaving your home; just describe the essence of the issue on our website below .
What is better when buying a living space: an advance or a deposit?
Which prepayment method should I choose: deposit or advance payment when purchasing an apartment? Let's consider this situation: you want to buy a living space, find a suitable option, enter into a preliminary contract for the purchase and sale of real estate with the seller, and to confirm your intentions, give part of the money to the seller in the form of an advance payment.
The owner of the property delays concluding the main contract, citing the fact that he is collecting certificates, and then completely terminates the preliminary contract and returns the advance payment, due to a more advantageous offer for sale.
You are looking again, but it turns out that this time housing in this category has increased in price. The result is that you lose both money and time. This situation can be avoided if an agreement on a deposit is concluded when purchasing an apartment, samples of which can be provided by lawyers upon your request on our website - get samples .
An advance is actually an advance payment for a purchase . If the transaction does not take place for some reason, the seller simply returns the advance to the buyer. The only thing that can be done in this case is to demand financial compensation for the losses incurred. This can be done through negotiations or through court, but there is no guarantee of a positive solution.
The deposit implies a completely different level of responsibility for refusal of the transaction . In essence, this is a security deposit. His task is to ensure that the parties reach this deal.
If the seller refuses to sell the living space, he is obliged to give the buyer an amount 2 times higher than the security deposit, but if the buyer refuses the transaction, the seller has every right to keep the advance payment.
In addition, a refund does not prohibit the injured party from demanding compensation for material losses from a failed purchase. Thus, even if the deal fails, you will not find yourself in the red.
How to correctly draw up a deposit agreement for residential premises?
When making an advance payment, it is necessary to draw up a contract correctly. Why do you need a deposit agreement when buying or selling an apartment?
The answer is simple - this will be your “safety cushion” if, if the seller refuses the deal, it will not be possible to return the deposit for the apartment through negotiations and you will have to go to court.
Find an example of a deposit agreement for the purchase of an apartment and a sample of filling it out on our website ProVashiPrava.ru; in order to download a sample deposit agreement for the purchase of an apartment , it will only take a few seconds of your time.
However, the help of a competent specialist will give you a guarantee that this document is drawn up correctly. You can take advantage of legal advice by contacting a law firm, or consult on our website without leaving your home.
There is no single deposit form for the purchase of an apartment, since the law does not establish a specific form of the document. However, when transferring a deposit, there is a general procedure for restoring this agreement.
The following points must be specified in the contract:
- Full name, passport details of the parties to the transaction;
- data on the object of the transaction: address, square footage of the residential premises;
- obligations of the parties: the seller is obliged to vacate the living space within the prescribed period, unless otherwise agreed - to pay for utilities. The seller undertakes to pay the remaining amount on time;
- The amount of the security deposit is indicated in numbers and in words;
- terms of concluding the main contract.
This document is drawn up in two copies; if there are more participants in the transaction, then each participant receives under such an agreement.
The procedure for transferring a deposit when purchasing an apartment with a mortgage is the same as for a regular purchase, the only caveat is that you must notify your lender about this. The bank will deduct the amount of the security deposit when calculating the down payment.
In order to confirm the fact of transfer of money, it is necessary to draw up a receipt when purchasing an apartment for which a deposit is paid.
Drawing up a receipt for receiving a deposit for an apartment
There is no specific approved form of receipt, but there are several points that should be taken into account when drawing up this document:
- The receipt is drawn up specifically before the moment of transfer of money;
- All participants in the transaction must be present, that is, if the apartment belongs to several owners, everyone writes a receipt, and the amount of money is divided equally between them;
- Before drawing up a receipt, you need to draw up a preliminary purchase and sale agreement, which will say that part of the money is transferred as a deposit;
- It is better to write the receipt by hand; if it is printed, it is better to have it certified by a notary;
- The receipt must include the full name, passport details of the participants in the purchase and sale process, the date of transfer of funds, and a description of the object of the transaction.
Not only the purity of the transaction will depend on the correct completion of the documents, but also if the seller refuses to conclude it, whether the deposit given when purchasing the apartment will be returned or not.
How to determine the amount of the deposit?
The amount of the deposit is not established by law, however, most often it is about 4-5 percent of the total amount specified in the contract. What is the optimal deposit amount? Everything here will depend on your agreements.
If you want to be sure that the transaction will take place, you can move away from the standard 5% and increase the amount. In this case, it will be unprofitable for the seller to refuse the transaction. Conversely, the amount can be reduced to a minimum if there are reasons for this.
Procedure for transfer of security payment
In order for funds to be transferred according to all the rules, it is first necessary to ensure the presence of all participants in the transaction.
First, a receipt for receipt of funds is written (the writing procedure for which is discussed in the previous paragraph), after which they are transferred. It is advisable that the fact of transfer of money be recorded (signed) by 2 independent witnesses.
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