By EasyHow

How to make a Deposit when buying an apartment

The Deposit is the initial payment for the apartment, confirming the seriousness of the buyer and seller to commit the underlying transaction. The amount of the Deposit can be issued by the preliminary contract, but most often the Deposit is issued the usual receipt, which shall include all conditions in case of failure of one side of the transaction.

How to make a Deposit when buying an apartment
How to make a pledge of buying an apartment
How to write a receipt for the Deposit
Than the advance payment differs from the Deposit

You will need

- preliminary agreement of sale, issued by a notary;
- passport of the seller and the buyer;
- certificate of ownership of the apartment;
- extract from the cadastral passport and the copy of the cadastral plan of the apartment.

Instruction

If you buy an apartment without a real estate agent and want to be sure that the owner will not sell it to anyone until you collect the principal amount and execute all documents, you give a Deposit. In fact, it's a down payment for the purchased property.

The most secure way making the Deposit is to go to a notary and sign a preliminary contract of sale. He is made by all the rules of the main contract and is governed by articles 550, 421, 555, 317, 292, 558, 420, 549 of the civil code. But you should know that the preliminary and the main contract of sale is merely a promise to enter into a transaction (article 454 of the civil code), and promise - not to perform. Rights of ownership of the property transferred to you only after the state registration of the transaction (article 433 of the civil code 131 of GK of the Russian Federation, the Federal law 122-F3). Therefore, even if a notarial preliminary contract you can't be 100% sure that the transaction will take place and the seller will be so respectable person that will keep his promises.

Professionals of real estate agencies prefer not to deal with pre-inclinations and suggest to issue the main contract of sale immediately and immediately carry out the procedure of registration of the transaction in PPRC.

But if you still decide to give a Deposit, make it the preliminary contract by a notary. Only a notary can reliably testify that the person receiving the Deposit, was competent, capable, was of sound mind and memory (the basis of the Russian law on notaries 1993).

If you make a Deposit in the form of receipts, in the future, if the seller refuses to sell the apartment and return you the money, you will have a lot of problems. Because at any moment the relatives of the seller can provide a certificate from a narcological clinic or a psychiatric clinic and you will not be able to prove that you gave cash and got a receipt from a completely healthy person, were in adequate condition. Even if under the receipt will stand the details and the signatures of 10 witnesses.

Note

The Deposit when buying an apartment has 3 functions: Security is an incentive for the debtor to fulfill adequately the conditions of the contract) Evidence ( proof of contract) Payment ( if the contract conditions are met, the Deposit is set off on account of payment). Buying an apartment, the realtor, as a rule, immediately alerts the customer of the Deposit for any apartment and offers to sign the agreement on the Deposit.

Useful advice

If we are talking about the Deposit for an apartment, you risk a very substantial amount of money. However, it is absolutely necessary, because the Deposit is a kind of insurance against default. The civil Code gives a definition: "a monetary amount issued by one of the Contracting parties in respect of its outstanding contractual payments to another party in the proof of the contract and to ensure its implementation" (article 380, Chapter 23, paragraph 7 of the civil code).