The impossibility of returning the deposit

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aminaas1576
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Joined: Mon Dec 23, 2024 5:16 am

The impossibility of returning the deposit

Post by aminaas1576 »

The preliminary agreement may specify any terms and conditions for the purchase and sale of the apartment - how long the transaction will last, the sequence of actions for the purchase and sale of the apartment. Usually, under a preliminary agreement, the buyer transfers a deposit to the seller. Such an operation is formalized by an additional agreement on the deposit, which is attached to the agreement.

Refusal of a preliminary agreement with a deposit entails the consequences specified in the agreement. Typically, these are:

for the seller - the obligation to pay the buyer double the amount of the deposit;
for the buyer -
It is important not to confuse a deposit and an advance payment. An advance agreement allows you to return the advance payment at any time and cancel the agreement on it.
A preliminary agreement is mandatory if the phone number database buyer will use external resources as a means of payment. Depending on how the apartment is purchased, these may be personal savings, a loan, a housing subsidy, or maternity capital.

Conclusion of the main transaction
The Civil Code of the Russian Federation contains Article 550 , which establishes the mandatory form of a real estate purchase and sale agreement, which must be drawn up in simple written form with the mandatory indication of essential conditions.

Let us recall that, in accordance with the Federal Law of 13.07.2015 No. 218-FZ, the transaction is subject to notarization:

if the apartment is in common shared ownership of several persons;
the owner is a child or a citizen with limited legal capacity/incapacitated.
If there are no such circumstances, then the parties enter into an agreement with essential conditions, sign it, and the transaction is considered valid.
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