Preliminary contract for the sale of land with the house. Preliminary contract of sale of a house - legal nuances
A preliminary contract for the sale of land is concluded between the seller and the buyer in order to record their intentions to complete a transaction. This document must be prepared when it is not possible to draw up a basic agreement at the current time. The most common causes:
- a person acquiring real estate does not have the necessary amount of money available for payment (for example, he can arrange 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 issue a sale.
A preliminary agreement is a way to secure the consent of both parties to complete the sale of a land plot with or without a house. At the same time, the seller receives guarantees that the other party will not refuse the transaction, and the buyer that the seller does not change the terms of the agreement.
Legislation
If one of the parties subsequently refuses the transaction, the rules enshrined in paragraph 4 of Art. 445 of the Civil Code of the Russian Federation. You can demand the execution 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. Property Sale Contract Form
A contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties (clause 2 of Article 434).
Failure to comply with the form of a contract for the sale of real estate shall entail its invalidity.
Differences from the main agreement
A preliminary contract of sale of a land plot with or without a house is the 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 one (read about the nuances of drawing up and concluding a contract for the sale of a land plot, and you will learn about the features and differences of a contract for the sale of a land plot between individuals or legal entities). The main differences of the designated documents:
- Subject. In the first case, the subject is the intention to carry out the purchase and sale of real estate, in the second - the immediate object of the transaction (house and land).
- The effective date. The preliminary agreement will become effective from the moment of its signing. The main contract - after registration in Rosreestr.
- The only legal consequence of the initial agreement is the obligation to conclude the main transaction.
- Payment under the preliminary contract is directly impossible, it is allowed only against future payments (as an advance transfer or deposit).
- The primary document is temporary in contrast to the main one.
- The main contract is subject to state registration, the primary - no.
Compilation and conclusion
It is advisable to draw up a preliminary agreement for the sale of land for a certain period of time, necessary, for example, for documentary preparation or for the purchase of a plot (if it is encumbered). In the process of drafting and signing the document should take into account the key points:
- The Civil Code of the Russian Federation states that a contract is valid only when it is concluded in writing;
- the preliminary agreement should contain the main points of agreement between the parties, in particular the subject of the transaction (intention to buy a specific land plot with designation of specific information: location, area, cadastral number);
- the document must indicate the price of the object of sale (according to Article 555 of the Civil Code of the Russian Federation);
- if there is disagreement between the parties to the contract regarding the value of the land, the agreement cannot be considered concluded;
- without fail, the seller informs the buyer about the encumbrance of the allotment, if any; in accordance with Article 37 of the Land Code of the Russian Federation, this fact is reflected in the document.
The documents
Before concluding a preliminary agreement, it is necessary to prepare a full package of documents. To draw up and sign an agreement you will need:
- certificate of ownership of the land for sale, technical passport;
- cadastral passport;
- a document indicating the boundaries of the land allotment - a boundary plan; if the distinction has not been made before, it will be necessary to carry out a survey before the sale;
- the act of coordinating the boundaries of the land with neighbors;
- a document on the basis of which the seller acquired the right of ownership - a contract of sale, gift, administrative decree on the transfer of real estate into property, will, etc .;
- certificate of absence of arrest, encumbrance on the site - extract from the Unified State Register of 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:
- The preamble. It contains the name of the document, the date and place of its signing; Information about the parties to the transaction: contacts, passport details, address of registration.
- Subject of the agreement. This section indicates the agreement of the parties on the sale of 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.).
- Cost. This is a required item in the document. The price can be set freely at the discretion of the seller, it does not have to be tied to market or cadastral value.
- Information about the deposit, if it was made.
- Deadline for concluding the main agreement. If this condition is not indicated, a period of one year is automatically provided.
- The clause “Rights and obligations of the parties” should specify the obligation for the future signing of the main contract.
- The section “Responsibility” indicates the procedure for dealing with a situation if the seller or 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 a house
If land is acquired together with residential buildings, you need to consider that these real estate objects are inextricably linked (you can find out how to draw up a contract for the sale of a land plot with a residential building). In accordance with the norms of the Land Code of the Russian Federation, as well as the Civil Code, the alienation of a house is inextricably linked with the alienation of the land on which the building is built.
In a situation where not the entire building is subject to sale and purchase, but only part of it, demarcation and subsequent alienation of the corresponding share of the land plot is carried out.
Attention: the contract of sale must necessarily indicate the transfer of ownership not only of the construction, but also of the land. Otherwise, the agreement may be invalidated.
When a land plot is sold together with a house, the subject of the contract also identifies the main characteristics of the building: total and living area, number of floors, rooms, etc. The price of the house and land, as well as the purchase value, are indicated separately.
An important point is the design 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 the land. After the price of the entire transaction is prescribed.
Making a deposit
The deposit when buying a house is a certain amount of money transferred to the seller under the terms of the preliminary contract in order to ensure obligations. It is entered into the account of future settlements under the basic agreement (this point is recommended to be indicated in the text of the document).
If there was a down payment, but the transaction did not take place, the consequences vary depending on which of the parties caused it:
- 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 size (according to Art. 388 of the Civil Code of the Russian Federation).
Article 381 of the Civil Code of the Russian Federation. Consequences of termination and failure to fulfill an obligation secured by a deposit
- Upon termination of the obligation before the start of its execution by agreement of the parties or due to the impossibility of performance (), the deposit must be returned.
- If the party that provided 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 a double amount of the deposit.
Moreover, the party responsible for non-performance of the contract is obliged to compensate the other party for the losses with the offset of the deposit amount, unless otherwise provided in the contract.
What is changing in the list of documents?
Purchase and sale of a land plot with the conclusion of a preliminary contract may be carried out with a deposit. If the money is paid to pay the future value of the property, it is important to provide for the conditions of return in certain situations, as well as receive confirmation of the transfer of a certain amount.
In this case, the calculation can be made in cash and non-cash. The cash transfer process must be documented. When the advance payment is credited to the seller’s account, such evidence will be a payment document (check, receipt), an extract from the buyer’s current account, cash transfer in the presence of a notary, as well as a receipt on receipt of a 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. 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 of a house with a land plot should be taken seriously, since this document will become the basis for the preparation of the main contract. This is doubly important if the parties to the transaction decided to make a deposit.
The fact is that the deposit acts as a guarantee of obligations, and, therefore, if the transaction does not take place, one of the parties may suffer material losses.
When concluding the said agreement, special attention should be paid to the seller having a full package of documents for each property: land and house, check the owner’s authority to sell the property, make sure that there are no encumbrances or other legal problems that may result in the transaction not taking place.
Do I need to register?
The preliminary contract, according to which the parties undertake in the future to carry out the purchase and sale of real estate, 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. Registration is subject only to the direct transfer of ownership (about what you need to know when registering a contract of sale of a land plot, read).
The preliminary contract is the guarantor of fulfillment of obligations to conclude an agreement 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 intentions of the parties may be a pledge, in case of failure to fulfill obligations in this case, the participants will incur financial responsibility. A competent approach to the preparation of this document will become the basis for a successful transaction.
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When the question arises of signing such a paper as a preliminary contract of sale of a house, people are afraid that some trick is hidden in this.
What is this document, and what are the nuances in 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 of sale of a house has to be signed when the buyer is happy with everything - the layout, location, condition of structural elements, even the cost.
But there are objective reasons to postpone the transaction:
- the buyer does not yet have the required amount in full, but in a month the situation should be resolved;
- the seller has underestimated the inheritance;
- the seller is waiting for the court decision to enter into legal force, etc.
By signing a preliminary contract, both sides of the future deal win: the future owner of the estate can stop searching, being confident in acquiring this particular home, at an already agreed cost, acceptable to him. The seller can calmly finish with the papers, knowing exactly when and for what amount he will sell this house.
Regarding the legality of such a procedure, you can assure doubting citizens: by law, as represented by paragraph 1 of Art. 429 of the Civil Code of the Russian Federation, the signing of a preliminary contract of sale is provided. It is important to understand that this contract for a future transaction is not just 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 form fully comply with all the requirements of paragraph 2 of Art. 429 of the Civil Code of the Russian Federation. You should not try to specify in one document all the parties relating to linking the property to your desire to take possession of it: the form of the preliminary contract of sale does not contain information about the transfer of the deposit.
The presentation of the deposit, the obligation to return it, should be correctly drawn up in a separate document called the deposit agreement.
This means that the preliminary contract, with the clause on the transfer of the deposit included in it, when considered in court, an incorrectly drawn up contract will not be able to help the owner of the house keep the deposit, the money will have to be returned.
The preliminary contract of sale 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 make a preliminary contract of sale of a house? This document must contain the following information:
- name of settlement, date;
- Full name of both representatives of the parties;
- in the clause “Subject of the contract” it is necessary to indicate the characteristics of the house and land;
- price, calculation algorithm;
- obligations of the parties tied to dates of performance;
- claims to each other;
- signatures of the parties.
When describing the “Subject of the Contract”, you need to specify 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 of the house and land is registered separately.
The absence of title documents for real estate does not give the owner the right to participate in the pre-sale company process, 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 certificate for the land plot, notarized;
- acceptance certificate of a residential property (together with a land plot);
- deposit agreement.
Such a serious paper is drawn up in 3 copies: one for 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 prepared separately, the amount transferred as a deposit will be accounted for as an advance payment.
A preventive contract does not require registration, and notary participation is not necessary, although it is desirable.
Nuances to consider
Each paragraph of the preliminary paper should be carefully read and understand the essence, and if something does not suit you, you should insist on the exclusion 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 nuances that indicate the presence of risks.
Be sure to check the prescription of the production of a technical passport for the property.
If the buyer is an expert in construction or in matters of real estate trade, he will be able to orient after familiarizing himself with the layout of the house in kind, how accurately the data sheet corresponds to the actual location of the premises.
The fact is that there may subsequently be a problem: the data sheet was attached a long time ago, and the redevelopment was not completed.
There is still the danger of acquiring a residential property with minor children registered in this housing area or with a tenant detained in custody - after all, a preventive contract does not require a certificate of registered tenants, not only archival, but even ordinary. Therefore, it is worth asking the owner for an archive certificate of tenants at this address.
There is no complete certainty that a pre-signed paper does not apply to a residential building with encumbrances (this becomes apparent when the main version of the document for the sale is executed, at the request of a notary).
It is important to clarify this nuance (the absence of an imposed seizure, pledge, etc.) to the buyer before putting his signature on the preliminary version.
It may happen that at the time of signing the main contract of sale, the buyer still could not collect the full amount of the cost of the house with the land.
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 that you should pay attention to when designing it: you will find out about it right now.
You can download sample forms at the end of the article.
When making a purchase of a certain property (apartment, land, car, etc.), the parties may, but are not required to, conclude the so-called preliminary sale 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 occurs:
- the seller accepts the obligation to sell the property to this buyer;
- the buyer agrees to buy the object from this seller.
The parties confirm the intention to conclude the main contract in the preliminary when the purchase and sale transaction takes place. At the same time, the parties mean that the main contract will be signed on the same conditions.
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 obligation of the other party about its intentions. Most often, an agreement on the further acquisition of an apartment is recorded. Typically, such a document is required in the following cases:
- The seller and the buyer agreed on the transaction, but the seller does not have some documents for the apartment or they are not correctly executed.
- The buyer does not have enough funds for a one-time purchase, but he immediately transfers part of the amount and agrees to pay the rest in full within a certain time.
- When buying an apartment on a mortgage, the conclusion of a preliminary contract is a common practice, since the procedure is complicated by the need to obtain permission from the bank, which will take housing as a pledge for the provision of credit funds.
The agreement differs from the main one in that it does not need to be registered either at the 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 (pledge, arrest, claims of third parties, etc.).
A pre-signed contract carries certain guarantees, as well as the risks of the parties - all of them 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 is guaranteed to the buyer that the apartment will be sold to him and at the exact price indicated.
- The contract provides the seller with a guarantee that it is this buyer who will purchase an apartment from him no later than the period indicated.
If someone evades their obligations, either party can go to court so that the main contract is enforced and the transaction is completed. The application can be submitted within 6 calendar months from the day when the preliminary contract requires the conclusion of the main one (meaning the deadline).
The commentary of the specialist on the features of the preliminary contract is presented in the video.
Preliminary contract: risks
The main risks are that the parties may evade their obligations. Moreover, if they have not expressed claims within six months, then the preliminary contract of sale ceases to be valid automatically.
By itself, this document does not carry risks in the sense that ownership of the seller to the buyer on the basis of its signing does not occur. If one party requests to force the other party to complete the transaction, the defendant may file a counterclaim to invalidate the contract.
NOTE. If the preliminary contract is concluded upon the purchase of a new building (with the developer), then in case of default, the plaintiff may apply to the court with a request to force the defendant to sign an agreement on participation in shared construction.
The rest of the preliminary agreement is associated with risks that generally accompany transactions in the real estate market:
1. In some cases, a preliminary agreement may be declared null and void by the court.
This is possible in 2 cases:
- the contract is executed with obvious violations (not all the details of the apartment are indicated, there are factual errors);
- the apartment does not exist or it 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 acquiring an apartment directly in a house under construction. It is important to understand that the invested funds (under a trust deed) are not always returned upon construction termination - often the company is declared bankrupt, and the injured party can only hope for partial compensation for its loss.
Thus, after signing the preliminary contract, the parties are under an obligation to sign the main contract on exactly the same conditions (changes are possible only by mutual agreement).
In the case of private citizens (when buying a home on the secondary market), the main risks are connected with the fact that the parties will not fulfill their obligations. If an apartment in a new building is purchased, the danger increases sharply - it all depends on the honesty of the developer.
Preliminary contract: sample 2017
The requirements for the execution of the preliminary contract of sale this year have not changed. The standard form is 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 verify that all the data matches the information specified in the relevant documents (passport of the apartment owner, certificate of ownership). Particular attention is paid to the following points:
- Contract price, i.e. at what price the seller agrees to sell the apartment within the agreed period.
- The preliminary contract must indicate all persons who currently live with the seller. Their full name and passport data are indicated.
- If the owner lives in another place, it is better to indicate both addresses: both the actual address and the one recorded in the passport.
- The contract necessarily separately describes the fact that the seller guarantees: the apartment is not pledged, under arrest, other persons do not claim it.
- The duration of the preliminary contract is an integral condition of its validity: after this date, the contract expires.
- 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.
- The responsibility for default is also described: pre-trial settlement is meant. For example, a party that has evaded a transaction pays the other party a double security deposit.
Without specifying any of these essential conditions, it is practically impossible to recognize the preliminary contract legally valid, which is why it will not be possible to use it as one of the evidence in legal proceedings.
A sample contract is provided below.
It should also be noted that the drafting of such an agreement does not provide for the transfer of housing into 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 debts on utility bills;
- order an extract from the USRN to prove that the apartment is not encumbered;
- attach the technical passport of the apartment to the preliminary contract.
After the parties conclude a purchase and sale transaction and sign the main contract, the preliminary one is considered to be invalid. No special documents on this fact are drawn up - the parties can simply destroy this document.
Download sample form:
When purchasing real estate (in our case, buying a house with a land plot), special care on both sides of the transaction is required. It should be borne in mind that one property transaction transfers ownership of two different objects. In the article, we will consider in detail the procedure for drawing up an agreement on a deposit 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 the sale of land with a house includes:
- Assessment of objects;
- Preparation of documents;
- Drawing up and signing a preliminary contract;
- Transfer of money;
- Check in;
- Payment of personal income tax.
The seller must have all title documents. To purchase a land plot you need to prepare the documents:
- Certificate of ownership;
- Technical passport to the house;
- Passport to the ground;
- Consent of all residents to an extract from the house, which must be notarized;
- Extract from the Unified State Register;
- Help from the tax.
Usually, when making a transaction, 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 the land plot with the house, and will ensure all terms of the agreements.
About 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 on account of the payments due to it under the agreement to the other side as evidence of the seriousness of their intentions - the conclusion of the agreement and the provision of its provisions. The deposit agreement when buying a house with a land plot or any other real estate is made in writing.
Money is transferred from the buyer to the seller only after signing the deposit agreement. When compiling the document, it is necessary to observe the rules that protect the interests of the parties: otherwise, one side 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 contract. Both counterparties are insured, which 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 taken 10% of the value of the entire object sold.
Does the deposit come back if you refuse to buy a house?
The deposit shall be returned if the obligation is terminated before its performance by agreement of the parties or if it is impossible to fulfill. If the contract is violated due to the buyer, the money remains with the seller. If the seller violates the contract by changing his mind about selling the house or selling it to a third party, he must pay the other party the full amount of the deposit in double size.
Making a deposit agreement when buying a house
The deposit agreement must be executed in writing. It should be noted that the verbal agreement is not acceptable. They sign the document after inspecting the land by the buyer, and after the parties have discussed all the important points of the upcoming transaction.
The contract must record:
- Subject of the contract;
- Deposit size;
- Calculation procedure;
- The term during which they conclude the main contract of sale;
- Special conditions for a future sale and purchase transaction.
To draw up a deposit agreement when buying a land plot there is no need to visit a notary public.
To draw up a preliminary contract when buying a house with the deposit amount, you need the following documents:
- Passport of seller and buyer;
- Title document on the land;
- Cadastral passport;
- Title documents for structures, structures and other facilities that are located on a plot of land;
- You may also need additional permits, certificates, statements regarding the land.
Cadastral passport - a state document issued by the Federal Register of Registers, contains complete information about the land. A cadastral passport is issued when the site passes the registration procedure with the assignment of a number. 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 suffered.
Watch useful video
Sample preliminary deposit agreement for the purchase of a house with land
The form of the deposit agreement when buying a house with a land plot is printed on a computer. The legislation does not regulate the mandatory form of the contract.
In the upper left corner indicate the date and place of conclusion of the contract. All numerical values \u200b\u200bmust be duplicated in words.
You can download a sample document from. And you can familiarize yourself with the example below:
We, the undersigned, Valery Rostislavovich Ivanov, b. indicate the detailed address), hereinafter referred to as “Party 2”, as well as collectively referred to as “the Parties”, in order to ensure the fulfillment of the obligations of the Parties established in accordance with the preliminary sales contract, they have concluded 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 purchase and sale agreement ___ (an object is indicated, example: an apartment house with outbuildings with conditional No. _____, consisting of a main log structure with a total area living quarters ___ square meters).
The specified residential building with buildings is located on a land plot with a total area of \u200b\u200b____ square meters. Cadastral number ____, land category ___.
The residential building with outbuildings is owned by Party 2 on the basis of the Certificate of Inheritance by Law of __________ year _____ (the registration number, date and place of issue are indicated below).
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).
Registration and registration of the contract of sale of a residential building are paid separately.
The deposit was transferred to Party 2___ (indicate the method of transferring funds).
Obligations and responsibility of the parties
Party 1 agrees to buy the above object, and Party 2 - sell the above object on time, as long as this agreement is valid.
In case of default by Party 1, the deposit remains with Party 2 in accordance with Art. 381 of the Civil Code of the Russian Federation.
In case of default by Party 2, the deposit shall be returned to Party 1 within 7 days in a 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 of this deposit agreement under the acceptance certificate.
The amount of money specified in clause 4 of this deposit agreement, minus the deposit already made, is placed before the transaction in the deposit box of the bank ____ (the address of the bank is indicated) specified in the preliminary agreement.
Validity
This agreement is valid ___ (date, month, year is indicated) up to __ (indicate date) inclusive.
Additional terms
The contract is drawn up in __ (indicate the number of copies), one for each of the parties to the transaction.
(At the request of the parties, any other conditions are indicated).
When concluding the contract, “Transferred” is indicated in the lower left corner, under it is signed with the transcript, the date. In the lower right corner - “Received”, signature with decryption, date.
Differences of advance from advance payment
The deposit should not be confused with the concept of advance payment. Unlike a deposit, the legislation does not have a clear definition of an advance, and the Civil Code of the Russian Federation does not contain specific requirements for an advance 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-performance of the contract, the party that issued the advance has the right to demand a return in a single amount. The party guilty of disrupting the transaction should not pay any sanctions. But there is an exception: the penalty is paid if the contract provides for the payment of the penalty.
Since the payment of an advance is a monetary obligation, the refusal is recognized as unjust enrichment, which is refundable. The party that refuses to return the money is responsible for the unjustified use of other people's funds in the form of interest payment in the amount of these funds.
Advance - the amount of prepayment 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 hard consequences for the parties to the transaction.
How to return a deposit for the house?
If the contract is terminated due to reasons independent of both parties or by mutual agreement, the deposit amount is refunded. If there is no good reason for terminating the contract, it can be returned only after litigation.
Sometimes the buyer requires termination of the contract. For example, in the case when the seller is trying to sell real estate of insufficient legal purity. Then the buyer is likely 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, you can protect your interests in court with 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 changing or terminating it, unless otherwise provided by the contract.
If the agent tries to deceive the buyer, and he wants to refuse the transaction after making a deposit, you can apply the Law "On Protection of Consumer Rights", articles 10, 12 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 their correct choice. If false, inaccurate or incomplete information has led to the purchase of a product that does not possess the qualities necessary for the buyer, he may terminate the contract and demand compensation for losses.
If the deposit was transferred to the realtor or intermediary, and a third party begins to drive the buyer by the nose, violate the terms of the contract, you can terminate the contract and demand to return the deposit. A third party may refuse and invoke the fact that this deposit is a payment on commission. If the agreement does not indicate that the deposit is equal to the commission, urgent need to prepare documents in 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 return the deposit:
- When a bank refuses to give out a loan;
- If the contract has a condition according to which you can buy a house after the buyer sells his house, but it is not for sale, and the seller gets tired of waiting;
- By agreement of the parties.
The deposit when buying a house is a confirmation of the fact that a preliminary purchase and sale transaction took place, between the buyer and the seller a contractual relationship has developed. But even with the payment of part of the funds, the buyer will not at this stage become the owner of the property.
The final stage of the acquisition of a land plot with a house is the signing of the main contract of sale, according to which the ownership of the object will pass to the buyer.
Under this type of agreement, the parties assume certain obligations that in the future they will complete the 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 is its registration number and other information. At the same time, it is important to indicate data on the house and on the site on which it stands.
The cost of the object and the calculation
The cost of the house plot is included in the total cost of the house, which is necessarily 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 due at the time specified in advance in the contract. Payments may also be made in accordance with the law.
Contractual obligations
After signing the documents, the obligations on the future conclusion of the main contract come into force. Upon termination of the transaction fines are imposed.