Preliminary contract for the sale of land with a house. Preliminary contract for the purchase and sale of a house - legal nuances
Preliminary agreement purchase and sale land plot is between the seller and the buyer in order to fix your intentions to make a deal. This document must be drawn up when it is not possible to formalize the main agreement at the current time. The most common reasons are:
- a person who buys real estate does not have the necessary amount of money to pay (for example, he can take out a loan or save the necessary funds);
- the owner is not ready to provide a full package of documents; it takes time to prepare it;
- there is no physical opportunity to register the sale and purchase.
A preliminary agreement is a way to secure the consent of both parties to complete the sale and purchase of a land plot with or without a house. At the same time, the seller gets guarantees that the other party will not abandon the transaction, and the buyer - that the seller will not change the terms of the agreement.
Legislative provisions
If one of the parties subsequently refuses the transaction, the norms enshrined in clause 4 of Art. 445 of the Civil Code of the Russian Federation. It is possible to demand the fulfillment of the agreement within six months from the moment when one of the parties violated its obligations.
Article 550 of the Civil Code indicates that only a written agreement has legal force.
Article 550 of the Civil Code of the Russian Federation. Form of contract for the sale of real estate
The contract for the sale of real estate consists of writing by drawing up one document signed by the parties (paragraph 2 of Article 434).
Failure to comply with the form of the contract for the sale of real estate entails its invalidity.
Differences from the main agreement
The preliminary contract for the sale and purchase of a land plot with or without a house is primary document, on the basis of which the main agreement is drawn up. It contains information about the parties to the transaction, the subject and timing of signing the main thing (read about the nuances of drawing up and concluding a contract for the sale of a land plot, and from you you will learn about the features and differences of a contract for the sale and purchase of a land plot between physical or legal entities). The main differences between the indicated documents:
- Thing. In the first case, the subject is the intention to carry out the purchase and sale of real estate, in the second - the direct object of the transaction (house and land).
- Effective date. The preliminary agreement will take effect from the moment it is signed. The main contract - after registration with Rosreestr.
- The only legal consequence of the initial agreement is the emergence of obligations to conclude the main transaction.
- Payment under a preliminary agreement is not directly possible, it is allowed only against future payments (as advance transfer or a deposit).
- The primary document is of a temporary nature, in contrast to the main one.
- The main contract is subject to state registration, the primary one is not.
Compilation and conclusion
It is advisable to draw up a preliminary agreement for the sale and purchase of land for a certain period of time, for example, for documentary preparation or for the purchase of a plot (if it is encumbered). In the process of drawing up and signing a document, you should take into account the key points:
- Civil Code Russian Federation states that the contract is valid only when concluded in writing;
- the preliminary agreement must contain the main points of the agreement of the parties, in particular - the subject of the transaction (the intention to buy a specific land plot with the designation of specifying information: location, area, cadastral number);
- the price of the object of sale must be indicated in the document (according to Art. 555 of the Civil Code of the Russian Federation);
- if disagreements arise between the parties to the agreement regarding the value of the land plot, the agreement cannot be considered concluded;
- v mandatory the seller informs the buyer about the presence of encumbrances on the allotment, if any; in accordance with article 37 of the Land Code of the Russian Federation, this fact is reflected in the document.
Documentation
Before concluding a preliminary agreement, it is necessary to prepare a complete package of documents. To draw up and sign an agreement, you will need:
- certificate of ownership of the plot for sale, technical passport;
- cadastral passport;
- a document indicating the boundaries of a land plot - a land plot; if the delineation was not performed earlier, it will be necessary to carry out a land survey before buying and selling;
- the act of agreeing the boundaries of the land plot with neighbors;
- a document on the basis of which the seller acquired the right of ownership - a contract of sale, donation, an administrative decree on the transfer of real estate into ownership, a will, etc .;
- certificate of absence of arrest, encumbrance on the site - an extract from the United state register real estate;
- permission to sell other owners, as well as guardianship authorities in the presence of minor children.
The legislation imposes certain requirements for the preparation of a preliminary contract.
It should include:
- Preamble. It contains the name of the document, the date and place of its signing; information about the participants in the transaction: contacts, passport data, registration address.
- Subject of the agreement. This section indicates the agreement of the parties on the sale and purchase real estate... It is necessary to describe in detail the subject of the future main contract (address, boundaries, total area, cadastral number, category of land, the presence of encumbrances, etc.).
- Price. This mandatory clause in the document. The price can be set freely at the discretion of the seller, it does not have to be tied to the market or cadastral value.
- Information about the deposit, if it was made.
- The term for the conclusion of the main agreement. If given condition not indicated, a period of one year is automatically granted.
- In the paragraph “Rights and obligations of the parties”, the obligation of the future signing of the main agreement should be prescribed.
- The section "Liability" indicates the order of actions in a situation if the seller or the buyer violates the terms of the agreement.
- The last stage is the designation of the terms of entry into force of the contract, the possibility of extension and termination. Details and signatures.
If put on with the house
If land is purchased together with residential buildings, it must be taken into account that these real estate objects are inextricably linked (on how to draw up a contract for the sale of a land plot with residential building, you can find out). In accordance with the norms Land Code RF, as well as the Civil Code, the alienation of a house is inextricably linked with the alienation of the land on which the building was erected.
In a situation where not the entire building is subject to sale and purchase, but only a part of it, delimitation and subsequent alienation of the corresponding share of the land plot is carried out.
Attention: the sale and purchase agreement must indicate the transfer of ownership not only to the structure, but also to the land. Otherwise, the agreement may be invalidated.
When a land plot is sold together with a house, the subject of the contract also indicates the main characteristics of the structure: general and living space, number of floors, rooms, etc. The price of the house and land, as well as the purchase price, are indicated separately.
An important point is the execution of two technical plans for each of the properties. Drawings and parameters of two real estate objects may not be included in one document. The cost also cannot be displayed in one amount, it must be indicated separately for the house and land. After that, the price of the entire transaction is registered.
Making a deposit
A deposit when buying a residential building is a certain sum of money transferred to the seller under the terms of a preliminary contract in order to secure obligations. It is included in the account of future settlements under the main agreement (it is recommended to indicate this point in the text of the document).
If there was a down payment, and the transaction did not take place, then the consequences differ depending on which of the parties caused this:
- through the fault of the buyer - the deposit remains with the seller;
- through the fault of the seller - the fee is returned to the buyer in double amount (in accordance with article 381 of the Civil Code of the Russian Federation).
Article 381 of the Civil Code of the Russian Federation. The Consequences of Termination and Failure to Perform an Obligation Secured by a Deposit
- If the obligation is terminated before the start of its performance by agreement of the parties or due to the impossibility of performance (), the deposit must be returned.
- If the party that gave the deposit is responsible for the non-performance of the contract, it remains with the other party. If the party that received the deposit is responsible for the non-performance of the contract, it is obliged to pay the other party double the amount of the deposit.
In addition, the party responsible for the non-performance of the contract is obliged to compensate the other party for losses, offsetting the amount of the deposit, unless otherwise provided in the contract.
What changes in the list of documents?
The purchase and sale of a land plot with the conclusion of a preliminary contract can be carried out with the payment of a deposit. If money is deposited to pay for the future value of real estate, it is important to provide conditions for the return in certain situations, as well as to obtain confirmation of the transfer of a certain amount.
In this case, the settlement can be made in cash and cashless form... Transfer process Money must be documented. When the advance payment is credited to the seller's account, such a certificate will become payment document(check, receipt), extract from the buyer's current account, transfer of cash in the presence of a notary, as well as a receipt for the deposit or a separate agreement. it is appropriate to indicate in the preliminary agreement that the funds contributed as a deposit will be used to pay for the acquired land plot. Such a seemingly obvious nuance can prevent the emergence of conflict situations in the future.
Nuances
The preparation of a preliminary agreement for the sale and purchase of a house with a land plot should be taken seriously, since this document will become the basis for drawing up the main contract. This is doubly important if the parties to the transaction have decided to pay the deposit.
The fact is that the deposit acts as a kind of guarantor of obligations, which means that if the deal does not take place, one of the parties may suffer material losses.
When concluding this agreement, special attention should be paid to the seller's full package of documents for each property separately - for land and for a house, check the owner's authority to sell the property, make sure that there are no encumbrances or other legal problems as a result of which the transaction may not take place.
Do I need to register?
A preliminary agreement, in accordance with which the parties undertake to carry out the purchase and sale of real estate in the future, is not subject to registration. This is stated in paragraph 14 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 59 dated February 16, 2001. Only the direct transfer of ownership is subject to registration (read about what you need to know when registering a land plot sale and purchase agreement).
The preliminary agreement is the guarantor of the fulfillment of obligations to conclude an agreement purchase and sale of real estate. Moreover, its signing is not the basis for the emergence of property relations. An additional confirmation of the seriousness of the parties' intentions can be a pledge; in case of default, in this case, the participants will be financially liable. A competent approach to the preparation of this document will be the basis for a successful transaction.
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When the question of signing a paper such as a preliminary contract for the purchase and sale of a house arises, people fear if there is some kind of catch hidden in this.
What is this document, and what are the nuances of this procedure?
Such a document is drawn up by the buyer and seller of a private house, if the transaction cannot take place immediately. Usually, a preliminary contract for the sale of a house has to be signed when the buyer is satisfied with everything - the layout, location, condition of structural elements, even the cost.
But there are objective reasons to postpone the transaction:
- the buyer still does not have the required amount in full, but in a month the situation should be resolved;
- the seller underestimated the inheritance;
- the seller is waiting for the court decision to enter into legal force, etc.
By signing a preliminary agreement, both parties to the future transaction win: the future owner of the estate can stop searching, being confident in the acquisition of this particular dwelling, at an already agreed price that is acceptable to him. The seller can calmly finish with the papers, knowing exactly when and for how much this house he will sell.
Concerning the legality of such a procedure, doubting citizens can be assured: by law, represented by paragraph 1 of Art. 429 of the Civil Code of the Russian Federation, the signing of a preliminary sales and purchase agreement is stipulated. It is important to understand that this contract on a future transaction is not just a paper, but a serious document, with certain obligations of both parties to each other arising from the fact of its existence.
In order for such a contract to have legal weight, it must in form fully meet all the requirements of paragraph 2 of Art. 429 of the Civil Code of the Russian Federation. You should not try in one document to stipulate all the parties regarding the binding of the property to your desire to take possession of it: the form of the preliminary sale and purchase agreement does not contain information on the transfer of the deposit.
The handing over of the deposit, the obligation to return it, correctly draw up a separate document called the deposit agreement.
This means that a preliminary contract, with the included clause on the transfer of the deposit, when considered in court, an incorrectly drawn up contract will not be able to help the owner of the house to keep the deposit, the money will have to be returned.
A preliminary contract for the sale and purchase of a house only fixes on paper the intentions of the parties to commit in the future, albeit not far off, the transfer of ownership of a residential building.
Highlights of the preliminary contract
How to draw up a preliminary contract for the purchase and sale of a house? This document must necessarily contain the following information:
- Name settlement, date;
- Full name of both representatives of the parties;
- in the paragraph "Subject of the contract" you must specify the characteristics of the house and land;
- price, calculation algorithm;
- obligations of the parties tied to the dates of performance;
- the presence of claims to each other;
- signatures of the parties.
Describing the "Subject of the contract", you need to specify in detail the address, as well as the characteristics of the residential building, and do not forget to specify the cadastral numbers of the building and the land plot, as well as where and when the ownership right to the house and to the land is registered separately.
The absence of title documents for real estate objects does not entitle the owner to participate in the process of a presale company, accompanied by the execution of a preventive contract.
The following documents must be attached to the preventive contract:
- copies of the registration certificate for the house and the cadastral passport for the plot of land, certified by a notary;
- the act of acceptance and transfer of a residential facility (together with a land plot);
- deposit agreement.
Such a serious paper is drawn up in 3 copies: one by each of the parties, and the third will have to be transferred to the Federal Registration Service along with the main contract. If the deposit agreement is not drawn up separately, the amount transferred as a deposit will be accounted for as an advance payment.
A preventive contract does not require registration, and the participation of a notary is not necessary, although it is desirable.
Nuances to consider
Each paragraph of the preliminary paper must be carefully read and understood, and if something does not suit you, then you should insist on the deletion of this paragraph.
If everything that is said and written in this agreement is true, both sides are represented by normal, decent people, then there is nothing wrong with putting your signature on such a document. But there are also nuances that indicate the presence of risks.
It is imperative to check the prescription of the production of the technical passport for the property.
If the buyer is a specialist in construction or in real estate trade, then he will be able to orient himself after getting acquainted with the layout of the house in nature, how accurately the registration certificate corresponds to the actual location of the premises.
The fact is that there may subsequently be a discrepancy: the registration certificate was attached long ago, and the redevelopment carried out was not formalized.
There is also the danger of acquiring a residential facility with underage children registered on this living space or with a detained tenant - after all, a preventive contract does not require the provision of a certificate of registered tenants, not only archived, but even the usual kind... Therefore, it is worth asking the owner for archival information about the tenants at this address.
There is also no complete certainty that the pre-signed paper does not concern a residential building with encumbrances (this becomes apparent when the main version of the purchase and sale document is drawn up, at the request of a notary).
It is important to clarify this nuance (no seizure, pledge, etc.) to the buyer before putting his signature on the preliminary version.
It may happen that by the time the main purchase and sale agreement was signed, the buyer did not manage to collect the full amount of the cost of the house with the land plot.
In some cases, when buying a property, a preliminary contract is drawn up, which postpones the purchase and sale transaction in time. There are several important points to pay attention to when designing it: you will find out about it right now.
You can download a sample letterhead at the end of the article.
When making a purchase of a certain property object (apartment, land plot, car, etc.), the parties can, but are not obliged, to conclude a so-called preliminary sales contract. The legality of such an action, as well as the fact of the existence of such a document, is reflected in Civil Code (Article 429).
The main purpose is that both parties assume certain obligations before the transaction takes place:
- the seller undertakes to sell the object to this particular buyer;
- the buyer undertakes to buy the object from this seller.
The intention to conclude the main contract of the parties is confirmed in the preliminary, when the sale and purchase transaction takes place. In this case, the parties bear in mind that the main contract will be signed on the same terms.
The purpose of the preliminary agreement is that each party to the transaction can confirm its intentions and at the same time take a written commitment from the other party about its intentions. Most often, an agreement is fixed on the further purchase of an apartment. Typically, such a document is required in the following cases:
- The seller and the buyer agreed on the deal, but the seller does not have some documents for the apartment or they are executed incorrectly.
- The buyer does not have enough funds for a one-time purchase, but he immediately transfers part of the amount and undertakes to pay the rest in full within a certain period.
- When buying an apartment on a mortgage, concluding a preliminary agreement is a common practice, since the procedure is complicated by the need to obtain permission from the bank, which will take housing as collateral against the provision of credit funds.
The contract differs from the main one in that it does not need to be registered either with Rosreestr or certified by a notary. In this sense, the document carries certain risks if the parties do not provide documents proving that the apartment is not encumbered (bail, arrest, claims of third parties, etc.).
The pre-signed contract carries certain guarantees, as well as the risks of the parties - all of which are discussed in detail in the next section.
Preliminary contract: guarantees
The preliminary agreement contains 2 important guarantees that protect the interests of both parties:
- This document guarantees the buyer that the apartment will be sold to him and exactly at the price that was indicated.
- The contract gives the seller a guarantee that this particular buyer will purchase an apartment from him no later than the period specified.
If someone evades their obligations, either party can go to court in order for the main contract to be compulsorily executed and the transaction to take place. The application can be submitted within 6 calendar months from the day when, according to the preliminary agreement, it is required to conclude the main one (meaning the deadline).
The commentary of a specialist on the features of the preliminary contract is presented in the video.
Preliminary contract: risks
The main risks are associated with the fact that the parties may evade their obligations. Moreover, if they have not expressed any claims within six months, then the preliminary sales contract ceases to be valid automatically.
By itself, this document carries no risks in the sense that the ownership from the seller to the buyer on the basis of its signature does not occur. If one party asks to compel the other party to complete the transaction, the defendant may file a counterclaim to invalidate the contract.
NOTE. If a preliminary contract is concluded when buying a new building (with a developer company), then in case of default, the plaintiff can go to court with the requirement to force the defendant to sign an agreement on participation in shared construction.
Otherwise, the preliminary agreement is fraught with risks that generally accompany transactions in the real estate market:
1. In some cases, a preliminary agreement may be recognized by the court as not concluded.
This is possible in 2 cases:
- the contract was drawn up with obvious violations (not all the details of the apartment are indicated, there are factual errors);
- the apartment does not exist or is still under construction.
2. Risk due to the fact that the apartment can be sold repeatedly. This situation arises in the case of the developer carrying out a fraudulent scheme: for example, he can conclude several identical contracts for the sale of the same apartment.
3. Risk associated with the loss of funds spent on the purchase of an apartment. This also applies to cases of purchasing an apartment directly in a building under construction. It is important to understand that the invested funds (under the contract trust management) upon termination of construction, they do not always return - often the company is declared bankrupt, and the injured party can only hope for partial compensation for its loss.
Thus, after signing the preliminary agreement, the parties are obliged to sign the main agreement on exactly the same conditions (changes are possible only by mutual agreement).
In the case of private citizens (when buying a home for secondary market) the main risks are associated precisely with the fact that the parties will not fulfill their obligations. If an apartment is purchased in a new building, the danger increases sharply - it all depends on the honesty of the developer.
Preliminary contract: sample 2017
Requirements for a preliminary sales contract have not changed this year. Standard form easy to download and print.
When filling out, it is important to take into account that all essential conditions are reflected in the document - it is better to check that all the data match those indicated in the relevant documents (passport of the owner of the apartment, certificate of ownership). Particular attention is paid to the following points:
- The price of the contract, i.e. at what cost the seller undertakes to sell the apartment within the agreed period.
- The preliminary agreement must indicate all persons who live with the seller at the moment. Their full name and passport data are indicated.
- If the owner lives elsewhere, it is better to indicate both addresses: the actual one and the one recorded in the passport.
- The contract must separately describe the fact that the seller guarantees: the apartment is not pledged, under arrest, other persons do not apply for it.
- The validity period of the preliminary contract is an integral condition of its validity: upon expiration of this date, the contract ceases to be valid.
- The contract must prescribe the procedure for paying the cost of housing: for example, first, the buyer pays 10% of the total amount, and then the remaining 90%. The fact of payment is additionally confirmed by a deposit agreement (at the request of Article 380 of the Civil Code). The same document is called a receipt - it is drawn up in any form and is also signed by both parties.
- Liability for non-fulfillment of obligations is also described: this means pre-trial settlement. For example, a party that has evaded a deal pays the other party double the collateral.
Without specifying any of these essential conditions, it is practically impossible to recognize the preliminary agreement legally valid, which is why it will not be possible to use it in court proceedings as one of the evidence.
A sample contract is shown below.
You should also pay attention to the fact that the preparation of such an agreement does not provide for the transfer of housing to the ownership of the buyer. Accordingly, there is no need:
- draw up a deed of transfer;
- provide extracts from the personal account, which prove the absence of arrears on utility bills;
- order an extract from the USRN to prove that the apartment is not encumbered;
- to attach the technical passport of the apartment to the preliminary contract.
After the parties conclude a sale and purchase transaction and sign the main contract, the preliminary one is considered invalid. No special documents are drawn up on this fact - the parties can simply destroy this document.
Download a sample form:
When purchasing real estate (in our case, purchasing a house with a land plot), special care is required from both parties to the transaction. It should be borne in mind that one deal property nature transfers ownership of two different objects. In this article, we will consider in detail the procedure for drawing up a deposit agreement for the purchase of a house and a land plot in 2019.
Download sample documents
The legislative framework
- Civil Code of the Russian Federation (Articles 380, 381, 451, 1102);
- On the protection of consumer rights (Articles 10, 12).
What documents to collect in order to buy a land plot with a house?
The procedure for buying and selling a plot with a house includes:
- Assessment of objects;
- Preparation of documents;
- Drafting and signing a preliminary contract;
- Transfer of money;
- Registration;
- Personal income tax payment.
The seller must have all the documents of title. To purchase a land plot, you need to prepare documents:
- Certificate of ownership;
- Technical passport for the house;
- Land passport;
- Consent of all tenants to an extract from the house, which must be notarized;
- Extract from the Unified State Register;
- Help from the tax office.
Usually, when making a deal, the parties want to secure certain guarantees. Such guarantees are provided by the transfer of the deposit and the execution of the deposit agreement, which will help to avoid the cancellation of the transaction, an unexpected increase in the price of a land plot with a house, and will ensure all the terms for the fulfillment of agreements.
On the deposit when buying a house
The deposit is regulated by Articles 380 and 381 of the Civil Code of the Russian Federation. This is a certain amount of money that one of the parties to the transaction gives out on account of the payments due to it under the agreement to the other party as proof of the seriousness of its intentions - to conclude an agreement and ensure its provisions. A deposit agreement when buying a house with a land plot or any other real estate is drawn up in writing.
Money is transferred from the buyer to the seller only after signing the deposit agreement. When drawing up the document, it is necessary to follow the rules that protect the interests of the parties: otherwise, one party will lose money, the other will sell the house to a third party.
The deposit guarantees the success of the transaction, encouraging both parties to fulfill the terms of the concluded agreement. Both counterparties are insured, what is the point of drawing up a deposit agreement.
The legislation does not regulate the amount of the deposit when buying a house or other real estate, the amount is determined by agreement of the parties. Usually 10% of the cost of the entire object sold is taken.
Is the deposit refunded if the purchase of the house is canceled?
The deposit is refunded if the obligation is terminated before the start of its execution by agreement of the parties or if it is impossible to fulfill it. If the contract is violated because of the buyer, the seller retains the money. If the seller violates the contract by changing his mind to sell the house or selling it to a third party, he must pay the other party double the entire amount of the deposit.
Making a deposit agreement when buying a house
The deposit agreement must be drawn up in writing. It should be noted that a verbal agreement is not acceptable. The document is signed after the buyer has examined the plot of land, and after the parties have discussed all the important points of the upcoming transaction.
The contract must necessarily record:
- Subject of the contract;
- The amount of the deposit;
- Calculation procedure;
- The period during which the main contract of sale and purchase will be concluded;
- Special conditions for a future purchase and sale transaction.
There is no need to visit a notary to draw up a deposit agreement when buying a land plot.
To draw up a preliminary contract when buying a house with a deposit amount, you need documents:
- Seller and buyer passports;
- Title deed for a land plot;
- Cadastral passport;
- Documents of title to structures, buildings and other objects that are located on a plot of land;
- You may also need additional permits, certificates, extracts regarding the land plot.
Cadastral passport - state document, which is issued by Rosreestr, contains complete information about the plot of land. They issue a cadastral passport when the site goes through the registration procedure with a number assignment. The document consists of several A4 sheets.
In the absence of a cadastral passport, the owner will have to prove his right to dispose of the property. In the event of a natural disaster, the owner will not be able to receive material compensation for the damage incurred.
Watch helpful video
Sample preliminary contract of a deposit for the purchase of a house with land
The form of the deposit agreement for the purchase of a house with a land plot is printed on a computer. The legislation does not regulate the binding form of the contract.
In the upper left corner indicate the date and place of the conclusion of the contract. All numerical values must be duplicated in words.
You can download a sample document at. And you can see the example below in the text:
We, the undersigned, Ivanov Valery Rostislavovich, born 02.11.1986, residing at __ (indicate detailed address), hereinafter referred to as "Party 1", and Andreev Yury Nikolaevich, born 26.05.1981, residing at ( specify a detailed address), hereinafter referred to as "Party 2", as well as collectively referred to as "Parties", in order to ensure the fulfillment of the obligations of the Parties, which are established in accordance with the preliminary sales contract, entered into an agreement on the following:
Party 1 transferred, and Party 2 received a deposit in the amount of 100,000 rubles (one hundred thousand rubles) as a guarantee of signing the sales contract ___ (the object is indicated, for example: a residential building with outbuildings with conditional number _____, consisting of the main log building with total area living quarters ___ square meters).
The specified residential building with buildings is located on a land plot with a total area of ____ square meters... Cadastral number ____, land category ___.
A residential building with outbuildings is owned by Party 2 on the basis of the Certificate of the right to inheritance under the law dated __________ _____ (hereinafter the registration number in the register, date and place of issue is indicated).
The parties agreed that the cost of a residential building ___ (the conditional number of the object, area, address is indicated) is ____ rubles (the amount is duplicated in words).
Execution and registration of the contract of purchase and sale of a residential building are paid separately.
The deposit was transferred to Party 2___ (indicate the method of transfer of funds).
Obligations and responsibilities of the parties
Party 1 undertakes to buy the above-mentioned object, and Party 2 - to sell the above-mentioned object within the period as long as this agreement is in force.
In case of non-fulfillment of obligations by Party 1, the deposit remains with Party 2 in accordance with Art. 381 Civil Code RF.
In case of non-fulfillment of obligations by Party 2, the deposit is returned to Party 1 within 7 days in double amount in accordance with Art. 381 of the Civil Code of the Russian Federation.
Party 2 undertakes to transfer the house in the form in which it is at the time of signing this deposit agreement under the act of transfer and acceptance.
The amount of money specified in clause 4 of this deposit agreement, minus the deposit already paid, is placed before the transaction in the depository cell of the bank ____ (the bank's address is indicated) specified in the preliminary agreement.
Validity
This agreement is valid on ___ (indicate the day, month, year) to __ (indicate the date) inclusive.
Additional terms
The agreement is drawn up in __ (indicate the number of copies), one for each of the Parties to the transaction.
(Any other conditions are indicated at the request of the parties).
When making a contract, in the lower left corner indicate "Transferred", a signature with a decryption, date is put under it. In the lower right corner - "Received", signature with decryption, date.
Differences between a deposit and an advance
The deposit should not be confused with the concept of an advance. Unlike the deposit, the legislation does not clearly define an advance payment, and the Civil Code of the Russian Federation does not contain specific requirements for an advance payment agreement.
An advance, unlike a deposit, does not guarantee the fulfillment of obligations under the contract, but performs a payment function. In case of non-fulfillment of the contract, the party that issued the advance has the right to demand that it be returned in a single amount. The party guilty of disrupting the transaction does not have to pay any penalties. But there is an exception: the forfeit is paid if the contract provides for the payment of the forfeit.
Since the payment of the advance payment - pecuniary obligation, refusal is recognized as unjust enrichment, which is subject to return. The party refusing to return the money is responsible for the unjustified use of other people's funds in the form of payment of interest on the amount of these funds.
Advance payment - the amount of an advance payment that the buyer transfers to the seller against future payments for the transaction, while there is no security function. If the transaction did not take place, the advance must be returned. An advance is the same deposit, but without harsh consequences for the parties to the transaction.
How to get the deposit back on the house?
If the contract is terminated for reasons beyond the control of both parties or by mutual agreement, the amount of the deposit is returned. If there are no compelling reasons for terminating the contract, it can be returned only after legal proceedings.
Sometimes the buyer requests the termination of the contract. For example, in the case when the seller tries to sell the property with insufficient legal purity... Then the buyer has a chance to return the deposit through the court, but with great difficulty.
A few months before the sale of a house or apartment, it may turn out that the property has another owner who is in prison or on long-term / compulsory treatment. This was not indicated in the contract, the buyer accidentally finds out about it.
If the seller does not want to return the deposit, in court, you can protect your interests by Article 451 of the Civil Code of the Russian Federation, which regulates that a significant change in the circumstances from which the parties proceeded when concluding the contract is the basis for its change or termination, unless the contract provides otherwise.
If the agent tries to deceive the buyer, and he wants to abandon the transaction after the deposit has been paid, the Law "On Protection of Consumer Rights", Articles 10, 12 can be applied for false information about the product. Home is also a commodity.
The contractor or seller must promptly provide the buyer with reliable information about the product, which ensures the possibility of making the right choice. If false, inaccurate or incomplete information has led to the purchase of goods that do not have the qualities necessary for the buyer, he can terminate the contract and demand compensation for losses.
If the deposit was transferred to a realtor or intermediary, and a third party starts to lead the buyer by the nose, violate the terms of the contract, you can terminate the contract and demand to return the deposit. The third party may refuse and refer to the fact that this deposit is payment against commission. If the contract does not indicate that the deposit is equal to commission, you need to urgently prepare documents for the court, qualifying the actions of a third party as unjust enrichment (Article 1102 of the Civil Code of the Russian Federation).
There is a chance to get the deposit back:
- When the bank refuses to issue a loan;
- If the contract contains a condition according to which a house can be bought after the buyer sells his house, but it is not for sale, and the seller gets tired of waiting;
- By agreement of the parties.
A deposit when buying a house is a confirmation of the fact that the preliminary sale and purchase transaction took place, a contractual relationship has developed between the buyer and the seller. But even if part of the money is paid, the buyer will not become the owner of the property at this stage.
The final stage of acquiring a land plot with a house is the signing of the main purchase and sale agreement, according to which the ownership of the object will be transferred to the buyer.
Under this type of contracts, the parties assume certain obligations that in the future they will make a purchase and sale transaction. The seller undertakes to transfer the object to the buyer. It is important to clearly indicate which property will be sold, at what address, what registration number it has, and other information. At the same time, it is important to indicate both data about the house and about the site on which it stands.
Object cost and calculations
The cost of the adjoining plot is included in the total cost of the house, which must be indicated in the contract. The advance payment is paid upon conclusion of the preliminary contract, and the full amount - after the conclusion of the main contract.
Payment is made within the time frame specified in advance in the contract. Also, payments can be made according to legal regulations.
Obligations under the contract
After signing the documents, obligations about the future conclusion of the main contract come into force. Upon termination of the transaction, penalties are imposed.