Чем отличается задаток от аванса

Автор: admin  //  Рубрики: Азбука недвижимости

Аванс или задаток

 

Чем отличается задаток от аванса

Аванс или задаток – вот тема нашего  сегодняшнего разговора.

Как известно, при совершении сделок с недвижимостью, общепринятой практикой является внесение покупателем продавцу некоторой  денежной суммы в подтверждение обоснованности своего намерения.

Данный  поступок  покупателя абсолютно целесообразен: слова, как водится  недолговечны. Каждый  опытный риэлтер имеет на своей памяти десятки историй о том, как покупатели на просмотрах клятвенно обещают, что завтра же покупают квартиру, а всего лишь через пару часов перезванивают и отказываются от покупки.

Вот и получается, что единственным веским доказательством готовности к приобретению квартиры (дома, участка и т.д.)  являются только переданные владельцу деньги.

Ну и что же передает покупатель владельцу недвижимости – предоплату, аванс или задаток,  а так же к чему эта процедура обязывает обе стороны предстоящей сделки?

Сделки с недвижимым имуществом относятся к епархии Гражданского кодекса РФ. Значит там мы и будем искать, какие варианты  предварительных платежей могут подойти  для этих целей. Подобных обнаруживается всего две: предварительная оплата и задаток.

Между двумя этими понятиями имеются существенные различия, которые понять неюристу практически  невозможно. Не буду приводить точную формулировку из ГК РФ, а в меру сил, попробую перевести это на русский.

Так, для примера, задаток – это некая денежная сумма, передаваемая одной из договаривающихся сторон другой в счет причитающихся с нее платежей. И платеж этот служит доказательством будущего заключения договора купли-продажи.

А вот уже экономические словари дадут нам правильное определение предоплаты. Опять-таки даю «вольный» перевод - предварительный платеж  покупателем обусловленной денежной суммы в счет будущих платежей за приобретаемый объект недвижимости. Причем и называют его еще  «авансом».

Для простого человека, это «китайская грамота», совсем уж  неприменима в повседневной  жизни. А потому сразу же перейдем к аспекту простому и понятному. И предоплата, и задаток, не подлежат возврату  покупателю в случае, когда  он отказывается  от покупки.

В случае же, когда сделка расстраивается по вине владельца объекта недвижимости, последствия будут кардинально разные. Задаток возвращается двойном размере, да еще и убытки придется компенсировать.

Ну а предоплату необходимо просто вернуть. Правда есть один нюанс -  неудачный  покупатель имеет право потребовать уплаты процентов за то, что продавец какое-то время пользовался  его деньгами.

Поэтому сам собой вытекающий совет – обязательно заключайте письменное соглашение.

Возьмите себе за правило, что любая передача денег, как бы Вы их не называли, должна сопровождаться обязательным заключением соответствующего соглашения между сторонами. На данной  стадии сделки лучше не пожалеть времени и бумаги и прописать все подробнее.

Если это и не избавит Вас в будущем от всевозможных «разборок», то, по крайней мере, существенно  снизит их вероятность.

Что обязательно должно быть прописано в соглашении:

  • Первое – это сумма, передаваемая продавцу;
  • Второе – очень подробное описание приобретаемого объекта недвижимости – с его физическим адресом нахождения, основными техническими характеристиками (площади,  количество комнат, размер участка и т.д.). То есть таким описанием, которое позволит исключить в будущем любые предположения, что имелся в виду совсем другой объект;
  • Третье – цена объекта недвижимости. Тут-то уж все очевидно: если недобросовестный продавец попытается  сказать, что продавать он вовсе не отказывается, но только цена данной квартиры превратилась из 800 тысяч рублей в полтора миллиона. Вы не согласны?  Тогда, это ваши, дорогой покупатель, причуды;
  • Четвертое – сроки проведения  основного договора купли-продажи;
  • Пятое – всевозможные  дополнительные условия – по порядку проведения окончательной оплаты, по условиям и срокам передачи недвижимости после окончания сделки и т. п.

Ну и главное. Теперь, когда Вы знаете, что такое аванс или задаток, правильно употребляйте значение этих терминов.

Одним словом – не жалейте ни слов, ни времени, ни бумаги, здесь не может быть ничего  лишнего.

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Аванс и задаток

 

 

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