Agreement for booking an apartment in a new building. Sample and Form 2021

An apartment reservation agreement in a new building has a security nature and is a way of reserving the right of a potential shareholder to purchase an apartment if, for whatever reason, it is impossible to immediately conclude a full-fledged agreement with him. Files in .DOC: Form of contract for booking an apartment in a new buildingSample contract for booking an apartment in a new building

Booking as a deferment of childcare

The only basis for purchasing an apartment in a new residential building is an equity participation agreement, providing for:

the developer’s obligation to build a house in accordance with the standards provided for by law and contract;
the developer’s obligation to transfer to the shareholder a certain apartment with a certain footage on a specific floor;
the debtor's obligation to make a down payment;
the debtor's obligation to pay the cost of the apartment in full on the terms established by the contract.

In the event that concluding a DDU due to certain circumstances is impossible, but the potential buyer has a desire to purchase an apartment in a specific building from a specific developer, you can enter into an apartment reservation agreement with the developer.

Within the framework of this agreement, the potential shareholder is assigned not the right to an apartment, but the pre-emptive right to conclude a DDU for a specific apartment. That is, if during the period the reservation is valid another buyer who has plans for the same apartment contacts the developer, he will be denied a DDU for it.

Goals and objectives of the document

Goal: to reserve the buyer’s favorite property before the transaction is concluded. A verbal agreement to “hold” an apartment can last 1-2 days . If this is not enough, a DBC is drawn up. Common cases:

When you need to “get” the missing amount of money: apply for a consumer loan or other type of loan, mortgage real estate, or perform similar actions.
When a mortgage loan is approved by the bank.
To agree on a transaction with close relatives.

With the help of the document, everyone solves problems related to the planned transaction:

The buyer receives a guarantee of reserving the selected apartment for a specified period.
The seller holds the apartment based on the payment made under the contract, since if the buyer refuses, he will receive compensation.

These provisions must be fulfilled by both parties; in case of non-compliance, on the basis of the norms of Articles 450 and 451 of the Civil Code of the Russian Federation, the issue may be referred to the court. And according to the provisions of Article 416 of the Civil Code of the Russian Federation, the buyer can return all the money paid.

Reasons to book

As mentioned above, a reservation is made in cases where a DDU cannot be concluded. The reasons for the impossibility of concluding an equity participation agreement may be:

temporary lack of funds from the equity holder to repay the down payment. That is, a potential equity holder may, for example, be at the stage of concluding a loan agreement with a bank;
the developer does not have the entire package of permits for construction, which deprives him of the opportunity to enter into full-fledged agreements. Sometimes in these cases, developers resort to small tricks, for example, concluding preliminary or technical agreements. You can find out more about issues related to DDU, PDDU and TDDU in the relevant material on our website.

Booking an apartment with a mortgage

A special case in matters of reservation is a mortgage. Even if the buyer has definitely decided for himself that he needs an apartment, he will still have to wait for the bank’s opinion. Most developers are well aware of this, so the mortgage reservation period can vary from several days to several weeks. In addition, developers freeze the price of the apartment and discounts if they were valid on the date of booking.

Organizations mentioned

Company

YIT St. Petersburg

Rating A/24 properties

“If an apartment is purchased using mortgage funds, then a mortgage reservation is made for four working days - this is the time to collect documents from the bank. If the documents are not submitted within this period, the reservation ends and the apartment returns to sale. If the documents are submitted on time, the reservation is extended from 4 to 13 working days - this is the time to receive approval from the bank and enter into a deal,” says head of the sales department Victoria Levina .

Booking conditions

Reserving an apartment in a new building is a conditionally free service provided by the developer. Conditional free-of-charge means that the cost of the reservation in the event of a contractual agreement will be included in the final cost of the apartment.

However, if a potential shareholder refuses to conclude a DDU, then the amount paid as a guarantee will become the property of the developer as compensation for the wait.

The price of the booking agreement is determined by agreement of the parties, however, as a rule, it does not exceed 50,00 rubles. For a short period of time (up to 5 days), a reservation can be made without a deposit.

From the moment the reservation agreement is signed, the apartment agreed upon by the parties is removed from the sale offer and, simply put, awaits its owner.

Important nuances

If the document played the role of a PDKP, and money was paid as an advance and a deposit, then you should:

Separately write down the amount paid for booking services and the amount paid as an advance or deposit.
Indicate that the amount of the advance or deposit after the transaction is counted towards payment.
Introduce a provision on a deposit in case of refusal of the transaction, taking into account the norms of Articles 380, 381 of the Civil Code of the Russian Federation. Or write down the amount of the penalty if an advance was made.

In addition to the above, you should pay attention to the following expert advice:

If an offer to conclude such a document comes from a secondary market seller, he can be suspected of dishonesty. It is advisable to refuse such an offer.
If the buyer is ready for a transaction, the conclusion of such a document is not required, since he has no need to overpay.
If the cost of the booked property is indicated in foreign currency, then it is best to convert it into a fixed price, otherwise the deal may fall through due to a jump in the foreign exchange market, and the money paid for the reservation will be lost.
The contract must provide the most detailed description of the apartment, indicating the living and total area, floor and apartment number.
It is imperative to indicate that this apartment is not under arrest or pledged to the bank, and this transaction does not violate the interests of third parties.
Under no circumstances should you pay the full cost of the apartment under such an agreement, since it does not involve alienation of property rights.

Before signing the document, you need to check the seller's documentation package. And also – the technical and cosmetic condition of the property, if the apartment is located in an already completed building.

Booking procedure

Before concluding a contract, it is advisable to request the following documents from the developer for review:

license for construction work;
constituent documents (for example, an extract from the register of legal entities);
documents confirming the developer’s right to build an object on a specific land plot;
design documents for a residential building.

Directly when concluding an agreement, you should familiarize yourself with the document of the developer’s representative, which gives him the right to enter into agreements on behalf of the developer. As a rule, this document is a power of attorney. For your own peace of mind, it is advisable to obtain a copy of this power of attorney.

The reservation deposit should be paid only after reading the above documents.

How to book accommodation in a house under construction?

Developer's choice. Need to check:
license to carry out construction activities;
an extract from the Unified State Register of Real Estate, which confirms the developer’s ownership of the land plot;
permission from local self-government authorities and design documentation of a residential building;
power of attorney from a construction company employee.

Attention! If the developer does not enter into a booking transaction himself, but acts through a real estate agency or through a private realtor, it is also necessary to require an agreement on the provision of real estate services with the signatures of an agent and a representative of the developer company.

Study the fate of long-term construction (if the building has already been built, but for some reason the apartments have not been sold).
Sign the apartment reservation deal. Even before signing, the future shareholder must carefully read all the conditions, in particular those relating to payment and the procedure for returning funds in the event of a violation by the developer of the terms of the agreement, as well as the deadlines for concluding the DDU agreement and paying the entire amount for the apartment.
Make a deposit.

Contract structure

Most likely, the developer’s representative will have with him a standard template of the reservation agreement, which he will fill out in the presence of the future shareholder. That is, the latter simply will not have the need to independently draw up an agreement.

But at the same time, it is advisable for the shareholder to have at least a general understanding of the structure and basic terms of the reservation agreement. For this purpose, we have developed and made available for download a sample agreement of the type in question.

Like any other type of agreement, an agreement to book an apartment in a new building includes a number of mandatory structural elements, namely:

date and place of drawing up the contract;
names (full names) of the parties to the agreement - the shareholder and the developer;
Full name of the developer’s representative and information about his powers;
expression of the potential shareholder’s desire to book an apartment and the developer’s consent to make the reservation;
characteristics of the booked apartment, including address, floor, area, total price, etc.;
validity period of the reservation agreement. As a rule, the booking period does not exceed 90 days;
expression of the intention of the shareholder and the developer to conclude a share participation agreement upon expiration of the reservation period;
amount of deposit, term and method of payment;
the developer’s obligations to preserve the apartment for the future shareholder for the entire duration of the reservation;
terms of termination of the contract;
the fate of the deposit in the event of a refusal by the equity holder or developer to conclude a DDU;
penalties for failure to comply with the terms of the booking agreement;
liability of the developer for failure to comply with booking conditions;
details of the developer;
signatures of counterparties.

Taking into account that the text of the contract will be provided to you by a representative of the developer, carefully read what is stated in it. The booking agreement can only talk about the reservation, nothing more.

The contract price is solely the amount of the deposit, which cannot include additional amounts for some additional services such as security of the apartment, sealing the apartment, purchasing imported seals for sealing the apartment, paying a lawyer for drawing up a reservation agreement, etc.

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In order to reserve an object for a future transaction, you can enter into a reservation agreement. It specifies the parties who will subsequently act as buyer and seller or equity holder and developer. Here you must also indicate the price of the apartment and the period during which the reservation will be kept. For secondary market apartments, it is best to conclude a PDKP, which has the same functions and provides for the reservation of the apartment for the buyer.

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Online and offline apartment reservation

The ability to book an apartment is simply necessary for people who purchase real estate in another city. In this case, many developers offer potential clients to use online booking.

Red Arrow offers two booking methods: online and offline. When booking online, the buyer can select the apartment of interest on the website and, right there on the website, pay by card for a reservation for two weeks, agreeing to the offer agreement. The service for reserving an apartment costs 30 thousand rubles, which are taken into account in the final price of the apartment. If the buyer is forced to refuse the transaction for a documented valid reason, for example, the bank did not approve his mortgage, the developer returns the reservation amount,” said Marina Ageeva .

When booking offline, an agreement is concluded with the buyer to make a security deposit. “The concept of “security payment” is enshrined in Art. 381.1 of the Civil Code of the Russian Federation, although not all buyers are yet familiar with this wording. The article came into force on June 1, 2015. This is not a deposit or an advance. At its core, a security deposit is closer to a deposit. The amount of the security deposit usually varies from 30 to 100 thousand rubles, depending on the price of the apartment and other conditions, and is counted towards the payment of the price of the apartment when concluding a DDU or a purchase and sale agreement,” notes Marina Ageeva .