How to buy an apartment

Natalia Ryzhova Buying property - a transaction is a serious and expensive. To it must be approached with full responsibility, having carefully studied not only offers, prices and conditions of purchase, but laws. Otherwise, it is likely that some crook would interpret the law in their favor, and you lose the money invested. And in the case of a simple failure of transaction a pleasant enough. What do the terms Learn At the conclusion of real estate transactions is assumed that the buyer pre-pays the seller a certain amount of their seriousness. This amount, and its name may be different, depending on the requirements of the seller. Advance, deposit or advance payment - than they are different and what obliges both parties entered into a deal? Under the Civil Code, there are two forms of pre-payment - deposit and prepayment. Deposit - this is "the amount of money issued by a contracting party in respect of its outstanding contractual payments to another party in the proof of the contract and to ensure its implementation" (Art. 380 CC). Advance payment - advance payment by the customer a sum of money against future payments for goods supplied to him, running for his work and services. " This term is not legal, and economic, but it is governed by the Civil Code, Article 487. But the term "advance payment" in the Civil Code no. How could regulate the relations of the parties in case of failure of the purchase? According to the Civil Code, if the deal did not the fault of the buyer, he, for whatever reasons, refused to buy, no deposit, no advance payment will not be returned to him. But if the seller refused to sell the property, the money can be returned. Most interesting is the case with the deposit. Seller as "the party responsible for breach of contract, is obliged to return it to double size, but still pay the other party (the failed buyer) losses (paragraph 2 of Art. 381). In the case of prepaid money is also returned, and the injured party is entitled to demand interest on the fact that his money for some time been used, "were in circulation" (paragraph 4 of Art. 487). And here is an advance to anything the seller does not oblige, of course, if the contract does not provide additional penalties for the failure of the transaction. The Agency may return him the principal of the advance - according to their own, adopted in the agency rules, and may not return. But, in addition to disruption of this purchase, the customer suffers a loss - for the time he designed the runaway trade (and the very design also costs money), prices for apartments had to grow up and have to find a new apartment has a lot of money. In this case, when failure of the transaction through the fault of the buyer the money to him, too, will not be returned. When you use the advance buyer is completely unprotected. But to blame the current situation can not be realtors. For them, pre-payment customer - proof of the seriousness of his intentions, a guarantee that after a couple of days, he will not abandon a purchase or not disappear from the horizon at all. On the other hand, realtors do not operate their own apartments, but the deals are concluded on his behalf. And if the landlord changed his mind to sell it (which happens often), then for the failure of the transaction will meet the realtors their money. After several thwarted deals real estate agency simply go broke. However, the realtors themselves argue that not all real estate transactions are using the advances, although they predominate. But this is - exclusively metropolitan phenomenon in the region use the makings of what makes the real estate market is more reliable and predictable. Any operations conclude an agreement with the money, even the transfer of advance payments for the apartment must be accompanied by formation of a contract between the parties. And it's better if it will provide all possible scenarios, it will save you from future problems. What should be specified in the contract? First, of course, is the amount you transfer to the seller or the realtor, that is, the amount of the deposit, prepayment or advance payment - depending on a contract with a real estate agency. And, of course, should be indicated that it would be this amount in case of failure of the transaction. Recall that, for the advance may be different options. The second - a detailed description of the transaction object. What is the address of the apartment, its basic characteristics (number of rooms, size, condition, apartments, possible atypical features). This should be to eliminate fraud in the case of conversations that deal was struck at some other object. Third - the total price of the apartment. This is necessary so that during the time of the transaction price of an apartment magically rose to incredible heights. Fourth - the terms of the deal or the timeframe within which the parties undertake to conclude the basic contract of sale. Fifth - associated transaction terms in order of payment, transfer of an apartment after the transaction, etc. Try to consider all the details related to the transaction and the apartment. The contract nothing is superfluous. The more situations, it negotiated, the higher the buyer guarantee. Not be amiss to not only carefully read the contract, but also to consult with independent experts - a lawyer. And before you sign the contract, you must be sure that it suits you completely. By the way, a single type of contract governing the provision of real estate services, in our country is not because there is no specific legislation governing real estate activities. This means that each firm providing services on real estate transactions, has its treaties protecting the interests of the company. This is another argument in favor of a careful reading of the contract. Need to know what you are signing. This article was reviewed by only the first step to conclude the transaction with the purchase of an apartment - making pre-payment and a contract on it. But beyond that begins the actual purchase, and this has its nuances. However, the first step must also be safe.