How to terminate the contract for booking an apartment in a new building. Contract for the provision of services for booking an apartment in a house under construction
Terminate the contract if he found significant shortcomings in the service provided or other significant deviations from the terms of the contract. 2.3.5. Demand full compensation for damages caused to him in connection with the lack of services rendered. 3. Cost of services and payment procedure 3.1. The cost of services is calculated according to the Price List of prices for accommodation valid at the time of acceptance of the application, as well as the Price List of prices for additional services. 3.2. For booking a room, the Consumer makes an advance payment in the amount of % of the total cost of services within 24 hours from the date of invoicing by the Contractor. The rest of the amount is due upon check-in. 3.3. In case of cancellation by the Consumer of the reservation, the amount for the reservation in the amount of % of the total cost of services is not refundable. 3.4. The payment for accommodation is charged by the Contractor in accordance with a single checkout time - from 12:00 of the current day local time.
Contract for booking an apartment in a new building sample form
For violation of the terms for the start of the provision of services under the contract, the Contractor pays the Consumer for each day of delay a penalty (penalty) in the amount of _% of the price of the contract. 5.3. The Contractor, in accordance with the legislation of the Russian Federation, is liable for harm caused to the life, health or property of the Consumer due to shortcomings in the provision of services, and also compensates for the moral damage caused to the Consumer by violation of the Consumer's rights. 5.4. If the Consumer is late, he is charged (in addition to the booking fee) also a fee for the actual downtime of the room (place in the room), but not more than for a day.
If more than a day late, the reservation will be cancelled. In case of refusal of the Consumer to pay for the reservation, his accommodation at the Hotel is made in the order of the general queue. 5.5.
Accommodation booking agreement
Attention
The specified funds are subsequently credited to the "Customer" in the total cost of the apartment (the price of the agreement for participation in shared construction), which for the period of booking is: 800,000.00 rubles. (eight hundred thousand rubles) 4. The apartment is booked for the "Customer" for a period up to "01" March 2016 inclusive. During this period, the apartment is not offered to other potential buyers, no types of contracts and transactions are concluded for the apartment.
5. During the specified period, the "Customer" undertakes to conclude an agreement on participation in shared construction for an apartment. The "Customer" undertakes to provide the "Contractor" in advance with the data of the person with whom the contract for participation in shared construction will be concluded. 6. If the agreement for participation in shared construction for an apartment is not concluded within the period specified in clause
Contract for booking an apartment in a new building
If the Customer fails to fulfill the conditions of this paragraph, the signing of the contract for the sale of an apartment is postponed by the Parties until the agreed remuneration is received on the account of the Contractor. 4.4. All costs associated with the state registration of the transfer of ownership of the apartment specified in clause 3.1.1. of this agreement is borne by the Contractor. 5. RESPONSIBILITY OF THE PARTIES 5.1. In the event that the signing of the contract for the sale of the apartment specified in clause 3.1.1. did not take place due to the fault of the Contractor, the Contractor shall return to the Customer the actually previously received remuneration established by clause 3.1.1.
clauses 4.2, 4.3 of this agreement. 5.2.
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In any case, providing for the return of the security deposit to the “Customer”, the security deposit is returned to the personal (settlement) account of the “Customer”, based on the application of the “Customer” and the details provided for transfer in full, within a period not later than 2 (two) months , after the expiration of the reservation of the apartment. 9. In case of violation by the "Customer" of the term and / or amount of depositing the security deposit, this agreement is considered terminated by agreement of the parties from the date following the expiration date for depositing the security deposit under paragraph 2 of this agreement. ***The document template is available for download at the above link or in the libraries of automatic templates included in the distribution kits of the BLITZ Agreement/Blitz Document programs.
Real estate
Department of Internal Affairs "Vostochnoye Izmailovo" of the city of Moscow, registered at the address: 101000, Moscow, st. Stepan Shutov, house. 8, bldg. 2, apt. 68, hereinafter referred to as the "Customer", on the other hand, have entered into this agreement as follows: 1. The "Contractor" reserves for the "Customer" a residential building (apartment) located in an apartment building under construction with built-in premises at the building address : Zelenogradsk, Kolpinskoe shosse, section 168, (block II), the developer of which is Second Enterprise LLC, on the basis of a building permit No. for the purpose of further conclusion by the "Customer" of an agreement for participation in shared construction for the specified apartment. Brief description of the apartment: Number of rooms Conv.
Hotel booking agreement
The right to build a house and sell apartments in a house located at the address specified in clause 1.1. of this agreement belong to IP. 1.3. The apartment is booked by the Contractor before the date of signing by the Parties of the contract for the sale of the apartment, but not more than for the period specified in clause 3.2.4. actual agreement. 2. GUARANTEES OF THE CONTRACTOR When concluding this agreement, the Contractor provides the Customer with the following guarantees: · the contractor has the exclusive right to sell and book apartments in a new building located at the following address: Moscow region, urban settlement Gorki Leninskie, Yuzhny proezd; · The Contractor does not have any obligations to third parties in relation to the apartment specified in this contract.
H. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. Rights and obligations of the Contractor: 3.1.1.
Booking agreement sample
As a rule, it ranges from thirty to fifty thousand rubles, but may vary depending on the region. A contract for booking an apartment in a new building is drawn up in a simple arbitrary form. The number of copies is two. Before signing, it is necessary to familiarize yourself with the documents of the developer.
Important
Such documents, first of all, are a certificate of state registration, permission from administrative authorities for development, title papers for land, a license, and so on. Main sections of the agreement The most important section is the "subject". In this section, it is necessary to identify as accurately as possible the living space, the purchase of which is in question.
To do this, you must accurately specify the address, floor, number, total and living space, and so on. The second important section of the agreement is the one in which the guarantee payment is indicated.
Apartment booking agreement sample
The consumer guarantees payment of the cost of booking, accommodation and other services. 2. Obligations of the Parties 2.1. The Contractor is obliged: 2.1.1. Timely provide the Consumer with the necessary and reliable information about services and prices, ensuring the possibility of their correct choice.
Info
Information is posted on the Hotel's website at: , in a room intended for registration of accommodation, in a convenient place for viewing. 2.1.2. Provide the Consumer with the provision of benefits, if such benefits are provided for by laws and other regulatory legal acts. 2.1.3. Bring to the attention of the Consumer a list of services that are included in the price of the required service.
2.1.4. The Contractor is not entitled to perform additional services for a fee without the consent of the Consumer. The consumer has the right to refuse to pay for such services, and if they are paid - to require the Hotel to return the amount paid. 2.2.
Sample apartment booking contract download
The consumer is obliged: 2.2.1. Comply with the rules of accommodation and fire safety rules established by the Hotel. 2.2.2. Accept and pay for the services rendered to him by the Contractor in full. 2.3. The consumer has the right: 2.3.1. Terminate this agreement at any time by paying the Contractor a part of the price in proportion to the part of the service provided before receiving a notice of termination of the contract and reimburse the Contractor for the costs incurred up to this point in order to fulfill the contract, if they are not included in the specified part of the price of the service. 2.3.2. Upon detection of deficiencies in the service provided, at your choice, demand: - free elimination of deficiencies; - a corresponding reduction in the price for the service provided. 2.3.3. Terminate this agreement and demand full compensation for losses if the Contractor has not eliminated these shortcomings within the prescribed period. 2.3.4.
Contract for booking an apartment in a new building sample
Buying an apartment in a new building is not always possible immediately after its inspection. As a rule, additional time is needed to collect documentation, receive the required amount, and so on. This period must be documented. This is done in order to obtain guarantees that during this period the apartment will not be sold to other persons.
That is, this living space must be reserved for yourself. The legislation of the Russian Federation provides such an opportunity. To do this, you need to draw up an appropriate contract. This document is called the "contract for booking an apartment in a new building."
Legal nature and meaning of this document In fact, this document is an agreement of intent. Under its terms, the participating parties undertake to conduct a transaction no later than the specified period. It is possible at the conclusion of the buyer to make a guarantee payment.
Contractor by third parties at the expense of the Contractor. 3.2. Rights and obligations of the Customer: 3.2.1. The Customer is obliged to pay for the Contractor's services for booking an apartment specified in clause 3.1.1. of this agreement, in accordance with the terms of Article 4 of this agreement. 3.2.2. The Customer undertakes to conclude with the Contractor a contract for the sale of the apartment specified in clause 3.1.1.
of this agreement, and pay the Contractor the cost of the specified apartment, agreed by the parties in clause 4.1. until May 15, 2013. 3.2.3. The customer has the right, in agreement with the Contractor, but before signing the contract for the sale of an apartment, to transfer his rights and obligations under this contract to a third party by signing a tripartite supplementary agreement to this contract with the Contractor and such a third party. 3.2.4.
Recently, in the courts, more and more often there are disputes arising from booking agreements when buying a home.
Recently, in courts, more and more often there are disputes arising from booking agreements when buying a home. Simply put, the buyer books the apartment he likes (makes a deposit, deposit for it), but for some reason the sale and purchase transaction fails. As a result, the buyer loses the opportunity to purchase the apartment he likes and get the deposit back. How this happens and how to avoid it, tells the lawyer Oleg Sukhov ("Legal Center of the lawyer Oleg Sukhov").
Booking an apartment on the secondary market
Before booking an apartment on the secondary housing market, the buyer must make sure that the housing is “legal” and study its “history”. The fact is that unscrupulous sellers and especially antisocial elements (alcoholics and drug addicts) use a deposit or reservation as an affordable source of funds. A person gives them money, and then suddenly finds out that the apartment is pledged, or minors are registered in it, or it generally belongs to third parties, and the “seller” who received the deposit has nothing to do with the object.
Therefore, if the owner agreed to the reservation and demanded an advance, you need to take a “time out” to collect information about the apartment and its owner: interview neighbors, contact the house management, study the extract from the Unified State Register of the Federal Registration Service. In other words, carry out the verification steps required when buying a property.
Now a few words about the treaty itself. First of all, this document must contain a clear indication of the address of the apartment: street, house and room numbers. In addition, the parties are obliged to fix in the contract its term, the possibility of extension and the date of entry into the transaction. The amount of the reservation is specifically stipulated, as well as the conditions for the return of money, if any. By the way, the price of booking a “secondary property” in Moscow is on average 50,000 rubles or more. Usually it is not tied to the value of real estate and is assigned by the parties individually.
Booking an apartment in a new building
Now about buying with a deposit in a new building. “Here, one cannot do without collecting and studying information, and verification is even more difficult than obtaining information about a “secondary” object,” says lawyer Oleg Sukhov. - Judge for yourself, a person must study all permits and title documents: resolutions of local authorities on granting the right to build, investment contracts, project documentation, conclusions of state expertise, permits from regulatory authorities, land documents, concession agreements with payment, agency agreements, and so on . In addition, the buyer needs to find out whether the seller has the right not only to book premises for sale, but also whether he can sell apartments at all.”
Reservation conditions in a new building are similar to the provisions of a similar agreement for "secondary" housing. But there are also some peculiarities. In particular, since it is concluded when work is still in full swing at the construction site, the subject of the contract should describe in great detail what kind of apartment the buyer wants to purchase - floor, section, number on the site and total area.
The amount of the deposit for an apartment in a Moscow new building also starts from 50,000 rubles. Although in some cases it can be tied to the cost of the apartment and reach up to 2-3% of the price of the premises. This option for determining the size of the security deposit is used by realtors and developers who have a cooperation agreement with a particular bank that provides mortgage loans. The waiting period for entering the main deal in this case takes from one to two weeks to a month.
The question arises: what should the buyer do when he does not agree with the clauses of the contract proposed by the developer or realtor? To be honest, it is very difficult to change anything in this case, since legal entities are reluctant to change the terms of their documents, and therefore, if they refuse to conclude an equity participation agreement and pay for the object, they will have to go to court to return the money. And there already - "how the cards will fall." Everything depends on the situation.
Is it possible to return the money paid at the conclusion of the booking agreement
Very often, customers are interested in: is it possible to return the money paid at the conclusion of the contract, if you have to refuse the purchase? There is one answer to this question: it is possible when it is provided for by the contract, and also if the parties terminated obligations before the start of performance or due to the impossibility of performance (Article 416 of the Civil Code of the Russian Federation). In other words, when transferring an advance payment, the buyer must enter into the document the conditions under which he has the right to refuse the transaction and demand a refund.
Eventually
“So, booking or reserving real estate is actually a kind of deposit and is used only so that the buyer can prepare for the conclusion of the main sale and purchase agreement: arrange a mortgage, borrow money, sell the old premises, collect the necessary documents. At the same time, booking is used both in the secondary housing market and in new buildings. The buyer has the right to demand a refund in case of refusal of the transaction, if such an opportunity was provided for by the contract or when the seller violated the essential terms of the agreement. In this connection, it should be remembered that a booking agreement is concluded only in writing (and certainly not in the form of a receipt), and its terms must comply with the requirements that the law imposes on such documents, ”concludes lawyer Oleg Sukhov.
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If the buyer likes the property so much that he is determined to purchase this, and not other housing, without allowing the search for alternative options, the apartment is booked.
Booking means providing guarantees that it is withdrawn from the auction, shows are canceled in its direction /
And most importantly, the apartment is assigned as a potential object to be acquired by a person who intends to buy it.
The primary housing market is saturated with attractive proposals for real estate buyers. Interested citizens will select any option for apartments that suit them. Therefore, reservations are rarely resorted to.
But sometimes there is an object that has preferable characteristics in comparison with the rest of the premises. It may be located in the right area of the city and have other advantages that attract a particular buyer.
In addition, certain construction companies have established themselves in the housing construction market so much that citizens have to line up to purchase housing from this particular developer.
If necessary, the reserve is extended for the same period, under the same conditions.
Booking an apartment when buying on the secondary market
Acquisition of housing in the secondary housing market provides for the preparation (PDKP). On its basis, a deposit is taken from the buyer, which is not returned in case of cancellation of the transaction.
Conditions for obtaining a deposit are based on guarantees of booking the apartment you like. Sometimes the deposit is issued in the form of an advance payment, which allows its return if it does not take place.
Other types of housing reservations are used relatively rarely. As a rule, those who work in the real estate market, with exclusive objects, resort to such.
The guarantees provided by the booking agreement apply only to the retention and assignment of the apartment to the potential buyer.
It provides no other guarantees or benefits. The use of a formal agreement in this case is also required for the approval of a bank loan.
In the secondary housing market, the period for checking a potential property transaction by a bank reaches 3-4 months (see). The property must be held for the same period. Therefore, the cost of the procedure for secondary housing reaches 50 thousand rubles, and the contract is drawn up for at least three months.
The secondary market is a platform for deploying illegal transactions, which are subsequently recognized as voidable (see). Here, more often than in new buildings, fraud is allowed. For the most part - with the preparation of designated contracts.
Gray schemes for drawing up agreements have been developed and distributed, with the transfer of money for reserving real estate. Subsequently, the reasons why the transaction cannot take place are revealed, but the refund does not occur. Sometimes, after the conclusion of a formal agreement, counterparties immediately and without a trace disappear.
In other cases, the owners who put the apartment up for auction create conditions under which the transaction becomes not clean, or the history of the object does not favor its purchase.
Fraudsters substitute such objects for sale, hoping for good luck in terminating a property transaction due to nullity, or, at a minimum, for withdrawing funds from failed buyers for booking an apartment (see).
Apartment booking agreement
When compiling, you should make sure that it is appropriate. Is the proposed object so attractive to the buyer that he is willing to take the risk of investing in a guarantee of ownership.
If there is a need to draw up an agreement, it is advisable to transfer the funds for the reservation in the form of an advance payment.
As a rule, this amount significantly exceeds the fixed cost of the procedure, but it is not lost when a property transaction is not agreed upon, it is not difficult to recover it through the court on the basis of Art. 416 of the Civil Code of the Russian Federation.
At the same time, in the provisions of the contract being drawn up, it is required to indicate consistent conditions for the return of money.
These include cases of significant violation by the counterparty of the terms of the transaction.
The text must include:
- object location address;
- the person receiving the money;
- its obligations to secure the assignment of the object to the buyer;
- information about the buyer;
- cadastral and technical characteristics of the apartment;
- conditions for the purchase and payment of real estate;
- conditions under which the agreement is subject to termination.
The agreement is drawn up in duplicate, according to the number of parties. A receipt or receipt is attached to it, confirming the receipt of funds by the counterparty (see).
Since the indicated agreement legally belongs to the type of additional agreement, it is not.
In order for it to acquire indisputable legal capacity and legal force, it is advisable to certify it with a notary.
In case of violation of the approved provisions, the party whose property rights have been violated has the right to apply to the court with a statement of claim.
It is not uncommon for people to use developer programs with advance booking of an apartment in a new building. A sample agreement can be downloaded for free.
Popular convention today, contract for booking an apartment in a new building, has many nuances and features. The rapid growth in the construction of square meters attracts fraudulent structures to this industry. When making a contract for booking an apartment in a new building, you need to check each phrase and letter several times. Otherwise, there is every chance of being left without money and housing. On this page of a free resource, it is possible to download a sample of the paper under discussion, and apply the form in your own practice.
Not everyone can afford to buy a new building for cash. A large number of sales occur with the use of borrowed, credit funds. Not infrequently, people use special programs of developers with installment payment or advance booking. In the latter case, the intention of the buyer to buy square meters in a new building is fixed, and the subject of the contract is withdrawn from sale. All other points of the written agreement are included in the pact at the discretion of the parties. They should not contradict the law and not worsen the rights of participants.
Mandatory clauses of the contract for booking an apartment in a new building
:- The header traditionally records: name, date, place of the transaction;
- The details of the participants are entered below;
- Further, the subject of booking, terms, concepts, technical characteristics of real estate, other parameters;
- Rights, obligations, terms, price;
- Responsibility in case of violation of essential conditions;
- Final provisions, force majeure, dispute resolution;
- Signatures, transcript.
Any buyer of an apartment needs time to raise a large sum of money. While he is engaged in the sale of his own apartment and begins the negotiation process with the bank, the option he likes may leave the market. To prevent this from happening, the real estate market has a service for booking (reserving) apartments.
The procedure for booking apartments is used both in the primary and secondary markets. What you need to pay attention to, is the presence of a booking agreement a guarantee that the apartment will not be sold to other buyers, “Real Estate Magazine “MetrInfo.Ru” sorted it out with the help of experts.
Reserve housing with the developer
The essence of the procedure is that the client, by paying for the reservation, confirms the seriousness of his intentions, explains Alexander Engel, head of the department of new buildings at MIC Group. According to Nikolai Chitiashvili, head of the sales support department at Pioneer Group of Companies, in the primary market, a reservation agreement is usually concluded by agents who "fix" the client and a certain part of their commission. Developers who sell apartments under the law on participation in shared construction 214-FZ (it obliges them to accept payment under the contract only after its state registration) also try to insure themselves, if not with a letter of credit, then with a similar reservation agreement.
Most companies are ready to offer customers different options for reserving apartments at their facilities. According to Igor Sibrenkov, Deputy General Director of Morton-Invest, the company offers its customers a flexible booking system, when, depending on the situation, each customer can choose the best option out of the four offered. The easiest way to book an apartment in one of the new buildings of Morton Group of Companies is to call one of the sales offices. Leaving your contact details, you can reserve your favorite option for a day. This service is provided completely free of charge. If within 24 hours the buyer decides to purchase, then by the end of this period it is necessary to conclude a selection agreement and make an advance payment in the amount of 2.5% of the cost of the apartment. When making an advance payment, the reservation is made automatically for the period necessary for the preparation and execution of all documents. It usually takes up to 7 days. When concluding such an agreement, the cost of the apartment is fixed for the entire period of its validity. If the contract is terminated at the initiative of the buyer, the payment made is not refundable.
If the buyer needs a longer time to make a purchase decision, then Morton-Invest offers paid types of booking. The amount of the payment may depend on the length of the booking period and the number of rooms in the apartment. So, depending on the above parameters, the company offers the following options: for a month, a 1-room apartment can be booked for 10 thousand rubles, a 2-room apartment for 15 thousand rubles, and a 3-room apartment for 20 thousand rubles.
Another type of booking offered by the developer is used in an alternative transaction, when the buyer sells his old apartment through the department of secondary housing of Morton Group and purchases housing in one of the company's new buildings. In this case, the cost of booking does not depend on the number of rooms in the apartment and amounts to 50 thousand rubles.
The maximum period for such a booking is 3 months. The company believes that usually this time is enough for the client to profitably sell the old living space. But if the sale of the old apartment is delayed, then it is possible to take this amount into account against the cost of the apartment, subject to the conditions of the previously concluded agreement. With this type of booking, the cost of the apartment is not fixed. If the buyer refuses the transaction for the sale of his apartment, then the payment for the service is not refundable, and the reservation is automatically canceled at the time of termination of the contract.
A separate type of booking is provided by Morton Group of Companies for buyers purchasing an apartment under a military mortgage. The cost of such a reservation for a two-week period is 5 thousand rubles. The price of the apartment is fixed at the time of booking and can only be revised after the reservation period has expired.
The company "NDV-Nedvizhimost" also has different options to "postpone" an apartment in a new building. The first, says Anton Konobeevsky, deputy head of the department of new buildings at NDV-Nedvizhimost, is a reservation for several days to prepare a deal. As a rule, with such a scheme, the client does not incur additional costs, the price is fixed. The mechanism is the simplest and most understandable for each of the parties. If a client sells an apartment through a company for the subsequent purchase of a new building (mutual offset), then it is practiced to reserve an apartment for 1-2 months. And in practice, this time is more than enough to sell real estate on the secondary market. True, there is one significant detail, the expert warns, as a rule, if an apartment is reserved for a similar period, then prices in a new building are not fixed.
Another option is to reserve an apartment when receiving a mortgage, says Christina Shulgina, head of the mortgage and loans department at NDV-Real Estate. Such a transaction requires time costs associated with the collection of necessary documents and its organization. That is why NDV-Nedvizhimost removes the apartment from sale for 10 days. Within these terms, the company's specialists must provide the banks with the necessary documents for customers and receive decisions on loan applications. “At the same time, the price is fixed only after the client receives approval from the bank,” the expert clarifies.
In practice, the cost of services under a service agreement (DOE, the company uses this particular form of agreement) is tied to the price of an apartment, says Philip Tretyakov, CEO of Galaxy Realty. In each company, the amount of payment is determined individually. “For example, in our projects in the nearest suburbs, in the Butovo Park-2 residential complex and the Alpha Centauri residential complex, this amount is equal to 2.5% of the apartment price,” the expert clarifies.
According to Vasily Sharapov, a lawyer at the City-XXI Century development company, the size of the booking advance is usually determined at the discretion of the developer. This may be a fixed amount of money, regardless of the price of the contract, or some percentage of this price. Usually no more than 10%. “In our company, the booking payment is 25,000 rubles,” says Alexander Engel (MITs Group of Companies).
Contractual obligations
When concluding a booking agreement, there are several important points to consider. Since the booking agreement guarantees the buyer the assignment of the selected property to him for a certain period and fixes the price of the transaction, says Alexander Engel (MIC Group), you need to check that all these items are present in the booking agreement.
Nikolai Chitiashvili (Pioneer Group of Companies) believes that the buyer must make sure that the booking agreement reflects information about the apartment in as much detail as possible: all the parameters of the apartment (address of the house, position of the apartment in the house, area, other parameters), prices and exit dates for a deal.
Also, added Philip Tretyakov (Galaxy Realty), the client needs to carefully study the terms of the contract, the terms of payment, if a mortgage is planned, then check the availability of a clause on the return of money in case the bank refuses to provide a loan, as well as the details of the apartment being booked.
According to Vasily Sharapov (City-XXI Century), the form approved by the developer is usually used. However, the investor has the right, in case of disagreement on the text, to propose amendments and additions to this form. In practice, most developers refuse to change anything in the approved form of the booking agreement, and if the differences are significant, the transaction may not take place for this reason.
Oksana Melnik, Deputy General Director of Russian House of Real Estate, also confirms that if the deal is with a large developer, then the likelihood of making any changes and additions to the contract is extremely small. Although things are simpler in the secondary market: you can agree on making certain clauses in the advance payment (deposit) agreement. Also, the conditions depend on the demand for the selected apartment. “If an object is in high demand,” the expert says, “then no one wants to make any changes, acting on the principle of “don’t like something, don’t buy,” and if the seller is interested in selling, he is more loyal and makes concessions.”
Reservation of apartments in the secondary market
Booking apartments is also used in the secondary market. A prerequisite is the payment of the so-called advance payment or deposit. True, Maria Litinetskaya, CEO of Metrium Group, believes that this is an optional procedure in the secondary market. At the same time, buyers are the main initiators. They need to book the option they like in order to prepare for the conclusion of the main sale and purchase agreement - to get a mortgage or sell an old apartment. But before booking an apartment on the secondary market, the expert advises, the buyer must make sure that it is “legally clean”.
A deposit agreement or a booking agreement is concluded in writing and does not require mandatory notarization. But in the event of a dispute - in the event that one of the parties fails to fulfill its obligations, it will be easier for the buyer to prove his case in court using a notarized document.
Nikolai Chitiashvili (Pioneer Group of Companies) believes that it is important to make sure that the advance/deposit is paid to the owner or authorized agent. It is necessary to prescribe the conditions for the return of the advance if the rights of third parties or other circumstances that interfere with the transaction are discovered. Otherwise, Alexander Engel (MIC Group of Companies) warns, if you refuse to buy a reserved apartment, the money will not be returned, since at the time of payment under the contract, the service of the booking contractor is considered rendered, and the contract is fulfilled.
According to Oksana Melnik (Russian House of Real Estate), the size of the deposit depends on the value of the property, but, as a rule, varies from 30 to 100 thousand rubles. There are no norms and formulas that determine the amount of this amount.
Is there a risk of not getting an apartment you like on the primary market, despite the fact that there is a reservation agreement? How to proceed then? www.metrinfo.ru turned to the experts with such questions.
Alexander Engel, head of the department of new buildings, MIC Group:
There were no such cases in the practice of the MIC Group. However, force majeure situations happen to everyone. The human factor is also present in the real estate market. But such cases are extremely rare, and they get out of such situations individually through negotiations.
Nikolai Chitiashvili, Head of Sales Support Department, Pioneer Group of Companies:
This scenario is possible and, unfortunately, depends only on the conscientiousness of the developer. The client can protect himself by making sure that the conditions for the return of the advance are specified in the contract.
Philip Tretyakov, CEO of Galaxy Realty:
If the DOW actually indicates the apartment that the client chose, then the risks of not getting it are minimal. Since when paying for the contract, it leaves the database of available objects and is reserved for the buyer. When signing the DOU, the client must carefully check all the details of the apartment: building, floor, section, its number on the site.
Maria Litinetskaya, CEO of Metrium Group:
Of course, there is always a risk. Especially if the potential buyer was initially frivolous about the contract and did not carefully study it. Unscrupulous sellers often use such gullible citizens as an affordable source of funds.
Grigory Altukhov, commercial director of FGC "Leader":
The booking agreement is also a guarantee to the buyer from the developer (seller) that the apartment is definitely fixed for the buyer and will not be sold to anyone during the validity of the booking agreement.
Igor Sibrenkov, Deputy General Director of Morton-Invest LLC:
Our buyers in 100% of cases receive exactly the apartments they choose. And the flexible booking system we offer allows them to choose the most appropriate and profitable option.
Text: Ludmila Chicherova