- - a preliminary contract of sale, designed by a notary;
- - passport seller and buyer;
- - certificate of ownership of the apartment;
- - an extract from the cadastral passport and a copy of the cadastral plan of the apartment.
If you buy an apartment without a real estate agency and want to be certain that the owner would not sell it to others until you collect the principal and execute all documents, you pay a deposit.In fact, it is an advance for acquired property.
most secure way of registration and deposit - is to appeal to the notary and sign a preliminary contract of sale.It is made by all the rules o
f the host contract and is governed by Articles 550, 421, 555, 317, 292, 558, 420, 549 of the Civil Code.But you should know that the preliminary and final contract of sale - it is only a promise to conclude a transaction (Article 454 of the Civil Code), and the promise - not to perform.Ownership of the property is transferred to you only after the state registration of the transaction (Article 433 of the Civil Code, 131 of the Civil Code, the Federal Law 122-F3).Therefore, even if the notary preliminary agreement you can not be 100% sure that the transaction takes place and the seller will be so respectable person would fulfill its promises.
professionals from real estate agencies prefer not to mess with the preliminary deposit and advised to register the main contract of sale directly and immediately to carry out the registration of the transaction in FUGRTS.
But if you do decide to pay a deposit, then formed its preliminary agreement with a notary.Only the notary can reliably indicate that the person who has received the deposit, was sane, capable, being of sound mind and memory (based on the Russian law on notaries for the year 1993).
If you place a deposit in the form of receipts, in the future, if the seller refuses to sell the apartment and return the money to you, you'll have a lot of problems.Since at any time relatives Seller may submit a certificate from a drug treatment clinic or a psychiatric clinic and you can not prove that the money was given and received a receipt from a perfectly healthy person is in an adequate condition.Even if a receipt will be details and signatures of 10 witnesses.
deposit when buying an apartment has 3 functions: interim (an incentive for the debtor to perform adequately the conditions of the contract) Evidentiary (evidence of the contract) Payment (if the terms are met, the deposit shall be included inby payment).Buying an apartment, realtor, as a rule, immediately warns his client about the deposit for an apartment you like, and offers to sign an agreement on the advance.
the case of the deposit for an apartment, you risk a very impressive amount.However, it is compulsory, because the deposit - a kind of insurance against default.The Civil Code gives the following definition: "a sum of money issued by a contracting party on account of its outstanding contractual payments to another party in the proof of the contract and in ensuring its implementation" (Art. 380, chapter 23, section 7 of the Civil Code).
- deposit when buying an apartment