Deposit for the apartment

Let's say the apartment is for sale. You are its owner. And the buyer was already found, and the price was discussed finally, and the conditions are right for everyone. Or, on the contrary - you found the very apartments that suit you completely and you do not want to lose them. And in the first and second case you need a deposit for the apartment. He will become the guarantor of the transaction, to some extent securing both the seller and the buyer. The deposit when buying an apartment (the repayment of the value is partial and negotiated by both parties) is left in most cases and has become quite familiar.

The final calculation takes place already when signing all the documents on the transfer of ownership. Avoid misunderstandings and controversial issues will allow only the contract of deposit for the apartment, or preliminary. It must be concluded in writing, with a notarization. It is undesirable to draw up ordinary receipts, since both sides are at great risk. An officially issued document has great power. You can make an advance payment 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.

Buy, as well as sell without a deposit - ignoring basic security. Do not transfer money to the seller (the buyer) in person, if:

- there is no title deed;
- there is not one of the parties making out the deal;
- there are no all owners of the apartment;
- re-planning is not legalized (if it was carried out);
- there are no owners registered in the sold apartment;
- The apartment is in rent.

The seller and the buyer sign a deposit agreement, after which the buyer transfers the money to the seller. After the final registration of all documents relating to the sale of the apartment, and then the parties will already make a final settlement.

If suddenly one of the sides changes its mind (the seller will not give it back, or the buyer will refuse it), what will be the future fate of the deposit? Will I have to give it away?

And here are exposed the pitfalls. That same insurance. The deposit for the apartment (or simply the advance) is not only a part of the amount, but also the security of the obligations. In the event of the refusal of any one of the parties (or from the sale, or from the purchase) legal consequences come into effect. If the party that gave the deposit for the apartment is the culprit of default of the contract, the deposit should not be returned. If the party that received it is the culprit, the amount of the amount left is returned twice (unless otherwise provided in the contract).

The construction of the deposit must be used only in contracts where the obligations and responsibilities of one party and the other are negotiated. Otherwise, they, of course, will be in unequal positions.

Indeed - the buyer, after making a large sum, will not refuse from the apartment just like that (seller's insurance), but if he changes his mind, the compensation for moral damage is already on hand. Yes, and the seller is unlikely to risk retreat: in this case, she will lose the amount paid and will contribute as much from her pocket.

It is very important to understand which contract you are signing, because it can be not only bilateral, but also tripartite, where the third person is a realtor.

Realtor firms that select apartments for their clients and reduce buyers and sellers are directly interested in selling (not less than the seller), because they live on the interest received from transactions.

You can be offered a tripartite deposit agreement, according to which the buyer expressed consent to purchase an apartment, so he contributes a certain amount in payment. But here the money is already received by the realtor, not the seller. Breaking the deal in this case will cover the losses not only of the seller, but also of the realtor.