No.14 deposit and application money

At the time of sales contract of real estate, the deposit is paid usually from the buyer to the seller.In addition, the purchase application everyone some case of the new construction apartment, you apply and the money of 5 ~ 100,000 Yen is paid as a margin money.This time we would like to explain concerning these two differences.

* Application margin money

It is delivered and received in the meaning being agreeable of the extent that as for this the case of declaration of intention of purchase application with vis-a-vis the seller with those which “are deposited”, “it is not teasing “the purpose which guarantees the right to be able to purchase preferentially and” is serious”.

But, as explained with the formation timewise of previous sales contract, because at this point in time as for sales contract it has not been formed, it is possible to withdraw the declaration of intention of purchase afterwards.If it does not make a contract, “by all means it is returned” it is something which should.

Trouble occurs frequently one time, centering on the return of this application margin money, had become problem.Presently you apply and there is no regulation in delivering and receiving the margin money, but as “in case of the contract failure that payment in full it returns”, clearly written in the claim tag, it is guided from the supervision.

Furthermore you apply and, the margin money being many, is 100,000 Yen.When the large amount money it is required in remainder, main point note!

* Deposit

As for this the formation of contract as a prerequisite from the buyer those which to the seller are paid.if the property used, amount of trade10%as in many cases is of degree.

real estate agent in the case of moths seller, and various constraints that may exist, in the case of unfinished amount of buying and selling new buildings, etc.5% (and1,000million yen or less) , the completed properties and properties used (which do not involve the construction) amount of trading in10% (and1,000million yen or less) is the amount of earnest money to be able to receive normal. if you have more than this is permitted by law provisional measures must be taken. but, well as conservation measures were taken, amount that can be received by the contractor as earnest money if the seller, of the sale price20%is the upper limit is.

amount of earnest money is part of the trade (so-called deposit) not. and therefore, strictly speaking, payment of purchase price ( settlement ) in the time of the, once the earnest money be refunded to the buyer, will be paid to the seller from the buyer the full amount of the trading value again.

but, for such procedures will be complicated, planted in the actual transaction was part of the purchase price allocated to a deposit, you will be required to pay to settle the purchase price when the rest of the. be sure to purchase and sale agreement this earnest money, the appropriation as part of the trading value during the remaining payment i have described as such this is because.

it should be noted, deposit is from buyer to seller not mean that determined shall be paid, in reverse from seller to buyer does not change any legal effect as a paid. but, as a convention of the transaction from buyer to seller it is normal to pay.

also, the legal nature of the deposit as earnest testimony about penalty deposit cancellation deposit divided into, each has slightly different handling.

earnest testimony about is, shall be exchanged is only as proof of contract is finalized purely.

cancellation deposit the so-called earnest money deposit-fold returns abandonment there is a purpose reserves the right to terminate the contract by the, earnest money in this deal is almost normal cancellation deposit will be deemed. penalty deposit treatment also is similar, be confiscated when there was a penalty meaning is slightly different in that.

it should be noted, earnest money deposit-fold returns abandonment the cancellation of a contract based on the, why can not at any time, counterparty of the contract commences performance of the contract has been and can not be after. this start of the fulfillment of a contract that it contains so many difficult problems and, please see the separate description of the page.

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