If you have made the decision to buy a house, you have made the checks and everything is fine, the next step is to book the property. The booking can be made by paying a down payment. Read this guide and learn more about how to make your reservation. According to art. 1454 BGB, “If you have placed a down payment in the sales contract, the contract may be revoked by the buyer who loses the deposit, or the seller must repay the double.” The amount paid when the deposit contract is signed is deducted from the amount to be paid for the purchase. This means that the amount of the deposit is deducted from the final price of the purchase of the property. Other important questions are: if there is no binding contract, does the seller have to correct a defect of ownership? Or can the seller accept an offer from another buyer willing to pay a higher price? It is best to pay part of the purchase price in advance to ensure that a property you wish to purchase is under contract and that you have all the contingencies and conditions provided by a valid purchase and sale contract. On several occasions, clients who buy real estate have asked, “Do I really have to pay a down payment?” The parties say, “This is a friendly transaction, is it really necessary to give the seller a down payment when they enter into a purchase and sale agreement? There are actually several good reasons to require a down payment with a purchase and sale contract. 3. Fee: Checking this is very important. If there is one, it must be explicitly stated in the agreement reached by both parties. Thus, the buyer can be subrogated in the existing costs. Or, on the contrary, it may be agreed that the seller agrees to cancel them before the final purchase.
Now you know the basic contents of the purchase deposit. However, for safety, it is advisable to consult a specialist. Especially when buying a new home, as this preliminary contract may have different characteristics. A private sales contract is a contract signed between the buyer and the seller, it is not mandatory, but the law considers it a valid contract and all parties are required to respect everything it expresses. However, it is almost always done when you buy or sell to ensure the purchase. Under Spanish law for these reasons, there are penalties for the hurtful party, which means that the seller must return the duplicate amount for the deposit.