Preliminary real estate purchase and sale agreement and deposit.
We draw up a preliminary contract of sale of real estate (Article 635 of the Civil Code), a contract on a deposit / down payment. We protect the party from the breakdown of the transaction and non-return of funds.
service#10061
| Consulting - situation analysis - risk assessment - strategy: preliminary agreement, deposit agreement, advance payment | 3 ₴ |
| Full support - development of a preliminary agreement with the terms of the deposit - coordination with the counterparty - coordination with the notary and support of the certificate - does not include: notary services, dispute about the return of the deposit (separate service) | from 8 000 ₴ |
About the service
A preliminary contract is a contract in which the parties undertake to conclude a main contract in the future (Article 635 of the Civil Code). For real estate, an important detail is: a preliminary contract for the sale of real estate is concluded in the same form as the main one - that is, with a mandatory notarial certificate. Without this, the contract is considered unconcluded, and the deposit is considered an ordinary loan (returned without penalty).
Deposit (deposit) - a sum of money that one party transfers to another as confirmation of an obligation and against future payments (Article 570 of the Civil Code). If the transaction is broken through the fault of the buyer - the deposit remains with the seller. If through the fault of the seller - it is returned in double amount.
What do you get?
A legally correct preliminary agreement with a notarized certificate that really protects the party from the breakdown of the agreement. Clear legal consequences of the deposit paid. A strategy in case one of the parties refuses the main agreement.
- Analysis of the circumstances and selection of the right instrument (preliminary agreement, deposit agreement, advance payment)
- Development of a preliminary contract with all necessary conditions (subject, price, term, responsibility)
- Separate registration of the deposit - either as part of the preliminary agreement or as a separate document
- Coordination of notarial certificate
- Registration of a prohibition on the alienation of property (with the consent of the seller) for the period prior to the main transaction
- If necessary - support in the implementation of the previous contract or collection of a double deposit
How it works
First, we analyze the purpose and circumstances. A preliminary agreement is needed when:
- The buyer needs time to arrange a loan or sell their own property, and the seller does not want to wait without guarantees
- The seller needs time to obtain some documents (for example, permission from the guardianship authority for a transaction involving a minor)
- The parties want to fix the price and terms for the future
Developing a contract is not a template. We prescribe: the subject (exact identification of the object), the price (the same as in the main contract), the term of conclusion of the main contract, the amount of the deposit, liability for non-performance. A mistake is not to specify a specific term ("within a reasonable period") or not to draw up the deposit correctly (the difference between an advance payment and a deposit is in the legal consequences).
A notarial certificate is mandatory. Without it, the contract is not concluded, regardless of the agreements of the parties, and the deposit is considered a regular loan - it is returned without double the amount.
When is it the right choice?
Contact us if: you have transferred or plan to transfer a deposit for a future purchase of real estate; your counterparty offers to sign a "deposit agreement" in a simple form (this is almost always unprofitable for you); a contract for a future purchase has already been signed, but a conflict has arisen; the seller refuses to conclude the main contract, you want to return the deposit in double amount (or force the conclusion of the main contract through the court).
Sign up for a consultation - we will quickly assess your situation.
Who needs this service?
Real estate buyers before the main transaction
You are transferring or planning to transfer a deposit. You need a properly executed document that will protect your payment and record the terms of the future transaction.
Sellers who want to capture a buyer
You have found a buyer, but he needs time - for a loan, selling his own home. You want to record a deal with the buyer's financial responsibility for the disruption.
Parties in a conflict over a deposit
The deal fell through, there is a dispute about the return (regular or double) of the deposit. A legal assessment of the position and a return strategy are needed.
How we work
- 01
Analysis of circumstances and choice of tool
We clarify the purpose: preliminary agreement or deposit agreement. We check the status of negotiations.
- 02
Development of a draft preliminary agreement
We prescribe all essential conditions: subject, price, term, liability, deposit.
- 03
Coordination with the counterparty
Negotiations, making edits, agreeing on the final text.
- 04
Notarial certificate
Coordination with the notary, support of the certificate. Without the certificate, the contract is not concluded.
- 05
If necessary - support for implementation or dispute
If one party breaks off - support for the collection of the deposit in double amount or coercion to conclude the main contract through the court.
What will be required of you?
- Client's passport and RNOKPPR Copies
- Real estate documents (from the seller) Ownership, technical passport, extract from the register
- Documents on the marital status of the parties Marriage certificate, spouse's consent to the agreement
- Deposit transfer document Receipt, bank statement of transfer (if already transferred)
- Legal entity documents (for business transactions) Extract from the Unified State Register, decision on the transaction
- Power of attorney for representation Notarized
Frequently asked questions
01 What is the difference between an advance and a deposit?
Advance payment is simply a partial payment in advance. In case of failure of the transaction, it is returned in the same amount. Deposit is a sum of money certifying the obligation (Article 570 of the Civil Code). In case of failure due to the fault of the buyer, it remains with the seller; in case of the fault of the seller, it is returned in double amount. The document must clearly state: "deposit" (and not "advance payment" or "guarantee payment").
02 Is a deposit made out as a simple receipt valid?
For real estate - formally no. A deposit agreement for the future purchase and sale of real estate is also subject to the rules on the form of the main agreement - that is, a notarial certificate is required. Without it, the courts consider the transferred amount as an ordinary loan, which is returned without penalty.
03 What to do if the seller refuses to conclude the main contract?
If there is a preliminary agreement certified by a notary, you can demand in court: the conclusion of the main agreement on the terms of the preliminary agreement or the return of the deposit in double amount. The first option is more complicated procedurally, the second is more typical.
04 How much do notary services cost?
Depends on the value of the future transaction and the notary. For a preliminary contract of sale of a typical residential property - approximately from 2,000-3,000 ₴. Plus the state duty for the notarial act. The notary will inform you of the exact amount upon registration.
05 Is it possible to unilaterally terminate a previous contract?
As a general rule - not without the consent of the other party. The party wishing to withdraw risks losing the deposit or returning it in double amount. Exceptions - if the contract clearly stipulates the conditions of unilateral withdrawal with certain consequences.
Do you have any questions about this service?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.
Tell us about your business.