Real estate transactions are not customary ineveryday life for people whose professional activity is not related to its purchase or sale. Making a contract of deposit, a person very often faces a lot of questions, answers to which will help to find this article.
Definition and functions of the contract of deposit
Making a contract of deposit, the buyer and the seller pursue three goals, which are provided with the following functions:
- Financial, i.e. the amount of the deposit is included in the total amount of the transaction;
- Confirming, i.e. the deposit serves both the seller and the buyer as confirmation of the intention to complete the transaction;
- Providing commitments.
Let us dwell on the third function.The deposit ensures the fulfillment of the obligations undertaken by both the seller and the buyer. In this case, only obligations specified in the contract and not fulfilled by any party under the contract are subject to security. The deposit is paid by the buyer, but at the same time he obliges the seller to fulfill all preliminary agreements. It is wrong to think that the deposit is beneficial only to the seller. The seller’s benefit in concluding a contract is that if the buyer does not fulfill the terms of the contract, the deposit amount remains with him in full. The benefit of the buyer is that if the seller has violated the preliminary agreement, the money is given to the buyer in double amount. For these reasons, the deposit agreement is beneficial to both parties to the transaction.
Legislation provides for writtendeposit agreement form with mandatory registration at the notary. In practice, the contract of deposit is made in cases of exceeding the amount of the contract 100 000 rubles, as a rule, is the purchase of cars or real estate. Although the deposit can serve as a security for any sales transaction. The size of the deposit is from 5 to 10% of the value of the contract, a unified opinion on this issue is developed by negotiation between the two parties.
Is it possible to return the deposit?
Возвращение задатка возможно только при наличии a contract concluded in writing and registered with a notary. If the deposit is repaid for an apartment, the deposit size, the cost of the apartment and the timing of the transaction must be registered in the contract.
The deposit for the apartment is always refundable,unless deadlines for the fulfillment of contractual obligations or the performance of the contract are possible for a number of objective reasons, as a rule, suitable for the definition of force majeure (death, natural disasters, etc.).
In all other cases, the deposit remains eitherseller, or given to the buyer in double size. If a peaceful resolution of the issue is not possible, then you should file a claim with the judicial authorities. The preparation of the claim must be preceded by the drafting of a complaint to the party evading the fulfillment of the deposit agreement.
This stage is very important for the executive.production. The claim should warn the evading party of your intention to go to court and offer to return the money within a specified period.
Если вторая сторона по договору не реагирует на your requirements - submit a claim to the court. The statement of claim should be accompanied by all documents proving your legal position. It should be remembered that the claim is filed at the place of permanent registration of the second party in the case.
Real estate transactions are always risky.therefore, when it is concluded, it is advisable to enlist the support of a lawyer who will deal with legal support. The services of a lawyer will be useful if you have to solve the problem through legal proceedings.
