For what period can the developer reserve an apartment? Apartment booking agreement in a new building

U there are two sides to booking: one is aimed at improving customer service, the other protects the interests of the service provider.

The specifics of the hotel business, in particular the rental of apartments by the day, are such that sometimes a company providing hotel services suffers losses due to idle rooms due to untimely cancellations of reservations by clients, since many clients want to book an apartment in advance and do not always ask for apartments on the day arrival.

Therefore, there is a system of fines in all areas of activity in which advance booking is provided - especially hotel, tourism, and transport businesses.

Moreover, in the hotel business, these fines are quite mild and usually do not exceed the cost of 1 night’s stay in Russia if there is a late cancellation of the reservation or simply a no-show. We do not consider resorts and resort towns, where the situation may be different.

In the tourism business, fines are much harsher. And there, the reservation condition is often 100% payment for services, which are not refundable in case of late cancellation, and the cancellation period here is often at least a month before arrival.

There are different booking options - guaranteed reservation and not guaranteed reservation.

They differ according to the terms of the agreement between the client and the company providing daily apartment rental services.

Guaranteed reservation- if the client makes an advance payment to a bank account for 1 day of stay. The prepayment is taken into account in the final payment during check-in.

If for one reason or another you are unable to make payment, the reservation is considered non-guaranteed. This means that the hotel, company manager or apartment owner has the right to cancel the reservation. Especially on exhibition days, when there is a high demand for daily apartments.

As a rule, a guaranteed reservation is maintained until 12.00 - checkout time of the day following the day of the guest's confirmed arrival at the apartment rented by the day.

Non-guaranteed reservations are held until 14:00 on the confirmed date of the guest's arrival at the apartment. After this time, the provision of an apartment will depend on the availability of available apartments in the company engaged in renting apartments on a daily basis. Again, if these are not exhibition days.

Penalties are also usually introduced when the check-in date is changed to a later date and the client pays for downtime. If you check out early, a fine of 1 night's stay will be charged.

Of course, if all this was not discussed in advance with the company providing hotel services.

Therefore, when planning a trip, remember - ordering an apartment is a mutual obligation. And if you cancel your reserved apartment less than 1 day in advance, most companies do not refund the prepayment.

And before you make your application to book an apartment for a day or more, carefully read the contract.

A reservation agreement is concluded when the buyer needs to “secure a place for himself” for some time. That is, he obviously liked the apartment and decided to “take it,” but it takes time to solve some problems. For example, take out a mortgage loan. And this task is not for a day or two.

Having set the goal of purchasing an apartment in a building under construction, the buyer sifts through a lot of information, goes to viewings, and when a suitable option is found, he is faced with another problem - how to keep the property until the deal is concluded and financial settlements are made? The problem can be solved if you use the booking agreement. “A reservation agreement is concluded when it is necessary to reserve the purchased property for a potential buyer,” explains Dmitry Otyakovsky, commercial director of the Moscow division of the Pioneer Group of Companies, to the magazine www.metrinfo.ru. As Nina Kuznetsova, founder of Urban Realty, added, booking agreements are often concluded with clients by real estate companies that have the right to sell apartments in buildings under construction. Developers themselves resort to such agreements infrequently. “Reservations from developers are most often made verbally for a very short period of time – 1-2 days,” the expert clarifies.

As noted by Vasily Fetisov, Director of Sales and Marketing of Zheldoripoteka CJSC, a reservation agreement is quite rare in the practice of the primary housing market, especially in conditions of high competition among developers in the market where the buyer rules the roost. This is exactly the situation that developed in 2008-2010. In 2011, the situation is gradually changing towards a balanced buyer-seller market, but a queue of buyers is already lining up for some popular and successful properties. Accordingly, there is a need to book an apartment for some time to resolve an issue, for example, with obtaining a mortgage loan. Typically, booking contracts are concluded for short periods - a week, two weeks, a month.

The deal will include a mortgage

Indeed, today many transactions in the primary market are carried out using a mortgage. Accordingly, it takes a lot of time to collect documents, review the mortgage borrower’s case with the bank and open financing. According to Vasily Fetisov (Zheldoripoteka), most booking agreements are now concluded for mortgage cases.

What should be in such an agreement if it is concluded by a mortgage borrower? Dmitry Otyakovsky (Pioneer Group of Companies), advises to include the possibility of returning the advance in full if the transaction does not take place due to the bank’s refusal to issue a mortgage. And considering that it is extremely difficult, almost impossible, to obtain a written refusal from the bank, it is worth paying attention to the wording of this paragraph.

The next point is that banks usually underestimate the amount they are willing to provide to borrowers. And if the price of an apartment is tied to the foreign exchange rate, which unexpectedly increased, then there are two possible solutions to the problem: either look for money, for example, take out an additional consumer loan, or submit a new loan application to increase the loan amount. “But the best insurance against such situations would be to fix the maximum exchange rate of the payment currency in the booking agreement,” says the expert.

The situation is more optimistic if we are talking about obtaining a mortgage from a bank that provided pre-project or project financing for a given facility. Then it is only important for the client to correctly calculate the validity period of the booking agreement. “The developer and the bank most often have an agreement on the timing of approval of borrowers, for example, 7-10 days from the date of submission of documents,” says Nina Kuznetsova (Urban Realty). “And it is precisely this period that must be taken into account when signing the booking agreement.”

As for the currency of payment, which will appear in the agreement, Vasily Fetisov (“Zheldoripoteka”) believes that it is logical to receive a loan in the currency in which the value of the property is denominated. But if the client decides to take out a loan in dollars, and payment for a new building in 90% of cases occurs in rubles, then the bank will carry out a conversion for the borrower at its own internal rate on the day the loan is issued, says Nina Kuznetsova (Urban Realty).

Nuances of the agreement

The booking agreement requires certain formalities to be observed. It should detail the subject of the agreement between the two parties and the points requiring execution. First of all, says Nina Kuznetsova (Urban Realty), the contract must contain information that accurately describes which apartment the buyer is booking - floor, section, its number on the site and total area. The booking amount and the conditions for the return of this money, its non-refund or credit to the cost of the apartment must be specified. It is very important that the booking deadlines are clearly defined and the responsibility of the parties for failure to fulfill their obligations is stated. “It is imperative to indicate the details of the buyer and seller and the timing of the transaction,” adds Dmitry Otyakovsky (Pioneer Group of Companies).

What should a buyer do if he does not agree with the clauses of the contract drawn up by the company’s legal service? Experts frankly say that in practice it is quite difficult to conclude an agreement on the buyer’s terms. “Unless we are talking about a multi-million dollar transaction,” notes Vasily Fetisov (“Zheldoripoteka”). An “ordinary” buyer will be politely listened to and his wishes will be “considered”... However, our commentators believe that the text of the contracts is drawn up at a good professional level and takes into account the rights of both parties.

An important point of the contract is the amount that is deposited into the seller’s account by the buyer for the fact that the apartment or house will be taken off the market for a certain period of time (in common parlance - an advance). In most cases, the monetary issue is resolved by agreement of both parties and is not tied to the total cost of the property. In practice, says Nina Kuznetsova (Urban Realty), in Moscow we are talking about an advance payment of 50 thousand rubles, and in the Moscow region - from 35 thousand rubles. And this amount is not refunded if the client does not buy the apartment within the period specified in the contract.

As for the transaction amount itself, in most cases, if the price per square meter is announced in rubles, it appears in the booking agreement. If the price is indicated in foreign currency, then the calculation is usually carried out at the MICEX exchange rate at the time of depositing money.

The booking agreement also has its drawbacks. It is not subject to state registration. As a result, an unscrupulous seller may enter into several reservation agreements for the same apartment. If a serious dispute arises between the seller and the buyer, the consideration of this issue in court may follow different scenarios. One by one, the agreement can be recognized as preliminary, and this will provide it with all the qualifying norms of this agreement. Otherwise, the deal will be declared invalid altogether.

Experts advise

Since errors in concluding a reservation agreement can lead not only to the loss of the advance payment, but also to the failure of the transaction, www.metrinfo.ru asked experts to give advice on what you should first pay attention to when concluding a reservation agreement.

Nina Kuznetsova (Urban Realty):

The main thing when concluding a reservation agreement is to understand how soon and how you will need to pay for the purchase of an apartment in the selected new building, whether there are any conditions on the basis of which it is possible to extend the reservation, and whether it is possible to change the selected apartment to another.

Vasily Fetisov (“Zheldoripoteka”):

It is necessary to pay attention to the client’s obligations and penalties if the transaction does not take place due to the client’s fault. And also on guarantees from the developer - in the obligations section, for example, what will happen if the apartment is sold to a third party during the validity period of the reservation agreement.

Dmitry Otyakovsky (Pioneer Group of Companies):

I recommend paying attention to the deadline for booking, the description of the object (address and physical characteristics), the amount of the advance, the cost of the object, the payment procedure, penalties if one of the parties is unable to complete the transaction.

Any apartment buyer needs time to collect a large sum of money. While he is selling 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 in both the primary and secondary markets. What you need to pay attention to is whether the presence of a reservation agreement is a guarantee that the apartment will not be sold to other buyers, “The real estate magazine “MetrInfo.Ru” looked into it with the help of experts.

Reserve housing from 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 new buildings department of the MIC Group of Companies. According to Nikolai Chitiashvili, head of the sales support department of 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 selling apartments within the framework of the law on participation in shared construction 214-FZ (it obliges to accept payment under the contract only after its state registration) also try to hedge their bets, if not with a letter of credit, then with a similar reservation agreement.

Most companies are ready to offer clients different options for reserving apartments at their sites. According to Igor Sibrenkov, Deputy General Director of Morton-Invest, the company offers its customers a flexible booking system, where, depending on the situation, each customer can choose the most optimal option from the four offered. The easiest way to book an apartment in one of the new buildings of the Morton Group of Companies is to call one of the sales offices. By 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 occurs automatically for the period necessary for the preparation and execution of all documents. This 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 by the buyer, the payment made is not refunded.

If the buyer needs a longer time to make a purchase decision, then Morton-Invest offers paid types of booking. The amount of 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 reservation offered by the developer is used in an alternative transaction, when the buyer sells his old apartment through the secondary housing department of Morton Group of Companies 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 reservation is 3 months. The company believes that this time is usually 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 towards the cost of the apartment, subject to the terms of the previously concluded agreement. With this type of booking, the cost of the apartment is not fixed. If the buyer refuses the transaction to sell his apartment, then the payment for the service is not refunded, and the reservation is canceled automatically at the time of termination of the contract.

A separate type of reservation is provided by Morton Group for buyers purchasing an apartment with a military mortgage. The cost of such a reservation for a two-week period is 5 thousand rubles. The price of the apartment upon booking is fixed and can be revised only after the booking period has expired.

The NDV-Real Estate company also has different options for “delaying” an apartment in a new building. The first, says Anton Konobeevsky, deputy head of the new buildings department of the NDV-Real Estate company, is a reservation for several days to prepare the transaction. As a rule, with this scheme the client does not incur additional costs; the price is fixed. The mechanism is the simplest and most understandable for each party. If a client sells an apartment through a company for the subsequent purchase of a new building (offset), then the practice is to reserve the 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 the prices in a new building are not fixed.

Another option is reserving an apartment when receiving a mortgage, says Kristina Shulgina, head of the mortgage and loans department at NDV-Real Estate. Such a transaction requires time costs associated with collecting the necessary documents and organizing it. That is why NDV-Real Estate is removing the apartment from sale for 10 days. Within these deadlines, company specialists must provide banks with the necessary documents for clients and receive decisions on loan applications. “In this case, 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 (DOU, the company uses this exact form of agreement) is tied to the price of the apartment, says Philip Tretyakov, CEO of Galaxy Realty. Each company determines the amount of payment individually. “For example, in our projects in the near Moscow region, 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 development company City-XXI Century, the amount of the advance for booking is usually determined at the discretion of the developer. This may be a fixed amount of money regardless of the contract price or some percentage of this price. Usually no more than 10%. “In our company, the payment for a reservation is 25,000 rubles,” says Alexander Engel (MIC Group of Companies).

Contractual obligations
When concluding a booking agreement, there are several important points to consider. Since the reservation agreement guarantees the buyer the assignment of the selected property for a certain period and fixes the transaction price, says Alexander Engel (MIC Group of Companies), you need to check that all these points are present in the reservation 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 parameters of the apartment (address of the house, position of the apartment in the house, area, other parameters), prices and release dates for a deal.

Also, added Philip Tretyakov (Galaxy Realty), the client needs to carefully study the terms of the contract, payment terms, if a mortgage is planned, then check for the presence 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 regarding the text, to propose changes and additions to this form. In practice, most often developers refuse to change anything in the approved form of the reservation agreement, and if the disagreements are significant, the transaction may not take place for this reason.

Oksana Melnik, Deputy General Director of the Russian House of Real Estate company, also confirms that if the transaction is with a large developer, then the likelihood of making any changes or additions to the agreement is extremely low. Although on the secondary market things are simpler: you can agree to include certain clauses in the advance (deposit) agreement. Also, the conditions depend on the demand for the selected apartment. “If an object is in high demand,” says the expert, “then no one wants to make any changes, acting on the principle “if you don’t like something, don’t buy it,” and if the seller is interested in selling, he is more loyal and makes concessions.”

Booking apartments on the secondary market
Apartment booking is also used in the secondary market. A prerequisite is the payment of a so-called advance or deposit. True, Maria Litinetskaya, general director of the Metrium Group company, believes that in the secondary market this is an optional procedure. In this case, the initiators are mainly the buyers. They need to reserve the option they like in order to prepare for concluding the main purchase and sale agreement - applying for a mortgage or selling 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.”

The deposit agreement or booking agreement is concluded in writing and does not require mandatory notarization. But if a dispute arises - in the event of failure of one of the parties 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 an authorized agent. It is necessary to specify the conditions for the return of the advance if the rights of third parties or other circumstances interfering with the transaction are discovered. Otherwise, warns Alexander Engel (MIC Group of Companies), if you refuse to purchase a reserved apartment, the money will not be returned, since at the time of payment under the contract, the booking service is considered provided, and the contract is fulfilled.
According to Oksana Melnik (“Russian Real Estate House”), 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 or formulas determining the amount of this amount.

Is there a risk of not getting the apartment you like on the primary market, despite the fact that there is a reservation agreement? What to do then? www.metrinfo.ru turned to experts with these questions.

Alexander Engel, head of the new buildings department of the MIC Group of Companies:
There have been no such cases in the practice of the MIC Group of Companies. 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 such situations are resolved individually through negotiations.

Nikolai Chitiashvili, head of the sales support department of 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 preschool educational institution actually lists the apartment that the client chose, then the risks of not getting it are minimal. Because 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, General Director of Metrium Group:
Of course, there is always a risk. Especially if the potential buyer initially took the contract lightly and did not carefully study it. Unscrupulous sellers often use such gullible citizens as an accessible source of funds.

Grigory Altukhov, commercial director of FSK Leader:
A reservation agreement is also a guarantee to the buyer from the developer (seller) that the apartment is definitely assigned to the buyer and will not be sold to anyone during the validity period of the reservation agreement.

Igor Sibrenkov, Deputy General Director of Morton-Invest LLC:
In 100% of cases, our customers receive exactly the apartments they choose. And the flexible booking system we offer allows them to choose the most acceptable and profitable option.

Text: Lyudmila Chicherova

Terminate the contract if he discovers significant deficiencies in the service provided or other significant deviations from the terms of the contract. 2.3.5. Demand full compensation for losses caused to him due to the lack of services provided. 3. Cost of services and payment procedure 3.1. The cost of services is calculated according to the Price List of Accommodation Prices valid at the time of acceptance of the application, as well as the Price List 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 invoice by the Contractor. The remaining amount is paid upon check-in. 3.3. If the Consumer cancels the reservation, the amount for the reservation in the amount of % of the total cost of services is not refunded. 3.4. Accommodation fees are charged by the Contractor in accordance with a single checkout time - from 12 noon of the current day, local time.

Agreement for booking an apartment in a new building sample form

For violation of the deadlines for the commencement of the provision of services under the contract, the Contractor shall pay the Consumer a penalty (penalty) in the amount of _% of the contract price for each day of delay. 5.3. The Contractor, in accordance with the legislation of the Russian Federation, is responsible for damage caused to the life, health or property of the Consumer due to deficiencies in the provision of services, and also compensates for moral damage caused to the Consumer by violation of the rights of the Consumer. 5.4. If the Consumer is late, he will be charged (in addition to the reservation fee) also a fee for the actual downtime of the room (place in the room), but not more than per day.
If you are late by more than a day, the reservation will be cancelled. If the Consumer refuses to pay for the reservation, his accommodation at the Hotel is made on a first-come, first-served basis. 5.5.

Accommodation reservation 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), amounting to RUB 800,000.00 for the booking period. (eight hundred thousand rubles) 4. The apartment is reserved for the “Customer” for the period until March 01, 2016 inclusive. During this period, the apartment is not offered to other potential buyers; no types of contracts or transactions are concluded regarding the apartment.

Apartment booking agreement in a new building

If the Customer fails to comply with the terms of this paragraph, the signing of the apartment purchase and sale agreement is postponed by the Parties until the agreed remuneration is received in the Contractor's bank account. 4.4. All expenses associated with 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. If the signing of the purchase and sale agreement for the apartment specified in clause 3.1.1 did not take place due to the fault of the Contractor, the Contractor returns to the Customer the actually previously received remuneration established by clause.
clauses 4.2, 4.3 of this agreement. 5.2.

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In any case, providing for the return of the deposit amount to the “Customer”, the deposit amount 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 of no later than 2 (two) months , after the expiration of the apartment reservation period. 9. In case of violation by the “Customer” of the deadline and/or amount for payment of the security deposit, this agreement is considered terminated by agreement of the parties from the date following the expiration date for payment of the security amount under clause 2 of this agreement. ***The document template is available for download from 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 "Vostochnoe 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 premises (apartment) located in an apartment building under construction with built-in premises at the construction address : Zelenogradsk, Kolpinskoe highway, plot 168, (block II), the developer of which is Second Enterprise LLC, on the basis of construction permit No. 78-16030920-2017 dated June 19, 2017, issued by the State Construction Supervision and Expertise Service of Zelenogradsk, for the purpose of concluding in the future by the “Customer” an agreement for participation in shared construction for the specified apartment. Brief description of the apartment: Number of rooms Conditions.

Hotel reservation 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 the individual entrepreneur. 1.3. The apartment is reserved by the Contractor until the date the Parties sign the apartment purchase and sale agreement, but no more than for the period established in clause 3.2.4. actual agreement. 2. CONTRACTOR'S GUARANTEES 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 address: Moscow region, urban settlement Gorki Leninskie, Yuzhny passage; · the Contractor does not have any obligations to third parties in relation to the apartment specified in this agreement.

H. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. Rights and obligations of the Contractor: 3.1.1.

Reservation 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 free form. The number of copies is two. Before signing, you must review the developer's documents.

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. Major Sections of the Agreement The most important section is the “subject matter.” In this section, it is necessary to identify as accurately as possible the living space we are talking about purchasing.

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 to: 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 the address: , in the premises intended for registration of accommodation, in a convenient place for viewing. 2.1.2. Provide the Consumer with benefits if such benefits are provided for by laws and other regulatory legal acts. 2.1.3. Bring to the attention of the Consumer the list of services that are included in the price of the required service.

Sample apartment reservation agreement download

The consumer is obliged: 2.2.1. Comply with the hotel's rules of residence and fire safety rules. 2.2.2. Accept and pay for the services provided 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 part of the price in proportion to the part of the service provided before receiving notice of termination of the contract and reimbursing the Contractor for expenses 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. If any deficiencies are discovered in the service provided, at your choice, demand: - elimination of the deficiencies free of charge; — 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.

Sample contract for booking an apartment in a new building

It is not always possible to purchase an apartment in a new building immediately after inspecting it. As a rule, additional time is needed to collect documentation, obtain 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 agreement. This document is called an “apartment reservation agreement in a new building.”

Legal essence and significance of this document In fact, this document is an agreement of intent. According to its terms, the participating parties undertake to carry out the transaction no later than the specified period. It is possible for the buyer to make a guarantee payment upon closing.

the 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 the 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 a purchase and sale agreement with the Contractor for the apartment specified in clause 3.1.1.

of this agreement, and pay the Contractor the cost of the specified apartment, agreed upon 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 apartment purchase and sale agreement, to transfer his rights and obligations under this agreement to a third party by signing a tripartite additional agreement to this agreement with the Contractor and such third party. 3.2.4.

An agreement to book an apartment in a new building at the present time, when the market for new buildings is a buyer’s market, is not concluded often, but it is still a necessary tool. It is concluded when you need to “Sell” the apartment you like. Let's take a closer look at it.

Let's imagine that the buyer goes through a lot of options, goes to viewings, spends a lot of time, and when he finds the right option, it turns out that there are only one or two apartments in the right building on the right floor with the right view from the windows. And there may not be enough time to raise money for this particular apartment.

By reserving an apartment, the buyer obliges the seller to legally assign the apartment to himself. Physically, everything happens in the form of a reservation for a certain period. Moreover, if the reservation is made by a developer, then everything is often done on the honest word of the manager, who will be able to hold the apartment for one or two days.

If the apartment is booked through an authorized agency, the apartment booking agreement can be concluded for a period of 10 to 30 days. Most booking agreements are currently concluded for mortgage transactions.

What should an apartment reservation agreement contain:

1. Possibility of returning the advance payment in full, provided that the transaction does not take place due to the refusal of the mortgage bank
2. Full information about the apartment - its address, area...
3. Amount of advance payment
4. Conditions under which the advance is returned to the client
5. The period during which no one will be able to buy this apartment
6. Responsibility of the parties for failure to fulfill obligations
7. Buyer and seller details
8. Deadlines for entering into a deal

You need to know that the reservation agreement is not subject to state registration, and therefore government officials will not be able to control it; you must approach the conclusion of the agreement very carefully.

What to pay attention to when concluding a booking agreement

1. Carefully read the apartment reservation agreement drawn up by the seller’s lawyers. If you are not satisfied with something, you need to demand that the contract be changed or additions made to it. True, in practice this is not easy to do; an agreement drawn up by lawyers of a large developer is usually balanced and takes into account the rights of both parties. But with the right amount of pressure and arguments, this can be done.

2. Pay special attention to how soon and how you will have to pay for the purchase of the selected apartment in a new building.

3. Are there any conditions that will allow you to extend the reservation, is it possible to replace the selected apartment with another one if necessary.

4. Very much attention to the buyer’s obligations, penalties - what will happen if the transaction does not take place due to your fault.

5. Seriously look at the warranty clause on the part of the developer. It is important to understand what liability the developer will bear if he sells the reserved apartment during the contract period.

6. It is important to work through the issue after the end of the booking period. Do not count on the availability of money for an apartment within the time frame you desire; there may always be some nuances related to the bank. Therefore, it is better to take the deadline with a reserve. The developer and the mortgage bank have an agreement on the timing of customer approval - for example, 10 days from the date of submitting the loan application.

8. One of the most important points of the contract is the amount paid for the reservation (advance payment). Most often, in Moscow the advance will be 50,000 rubles, in the Moscow region - 30,000. This amount is not refundable if the deal falls through due to your fault.

9. And finally. The contract for booking an apartment in a new building is not subject to state registration. That is, an unscrupulous seller has the opportunity to conclude more than one reservation agreement for the same apartment. Pay attention to this.