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A reservation agreement is concluded when the buyer needs to “secure a place for himself” for some time. That is, he obviously liked the apartment and decided to “take it,” but it takes time to solve some problems. For example, take out a mortgage loan. And this task is not for a day or two.

Having set the goal of purchasing an apartment in a building under construction, the buyer sifts through a lot of information, goes to viewings, and when a suitable option is found, he is faced with another problem - how to keep the property until the deal is concluded and cash settlements? The problem can be solved if you use the booking agreement. “A reservation agreement is concluded when it is necessary to reserve the purchased property for a potential buyer,” explains Dmitry Otyakovsky, commercial director of the Moscow division of the Pioneer Group of Companies, to the magazine www.metrinfo.ru. As Nina Kuznetsova, founder of Urban Realty, added, booking agreements are often concluded with clients by real estate companies that have the right to sell apartments in buildings under construction. Developers themselves resort to such agreements infrequently. “Reservations from developers are most often made verbally for a very short period of time – 1-2 days,” the expert clarifies.

As noted by Vasily Fetisov, Director of Sales and Marketing of Zheldoripoteka CJSC, a reservation agreement is quite rare in the practice of the primary housing market, especially in conditions of high competition among developers in the market where the buyer rules the roost. This is exactly the situation that developed in 2008-2010. In 2011, the situation is gradually changing towards a balanced buyer-seller market, but a queue of buyers is already lining up for some popular and successful properties. Accordingly, there is a need to book an apartment for some time to resolve the issue, for example, with obtaining mortgage loan. Usually booking contracts are concluded on short time– a week, two weeks, a month.

The deal will include a mortgage
Indeed, today many transactions on primary market are carried out using a mortgage. Accordingly, it takes a lot of time to collect documents, review the mortgage borrower’s case with the bank and open financing. According to Vasily Fetisov (Zheldoripoteka), most booking agreements are now concluded for mortgage cases.

What should be in such an agreement if it is concluded mortgage borrower? Dmitry Otyakovsky (Pioneer Group of Companies), advises to prescribe the possibility of returning the advance in full if the transaction does not go through due to the bank’s refusal to...

If the buyer likes the apartment and is clearly determined to buy it, but needs a little time to solve problems, then it is best to use a reservation agreement. For example, you can book an apartment if you need to take out a mortgage loan, which can take from several days to several weeks.

Wanting to purchase an apartment in a new building, the buyer has to review a lot of information, travel for viewings, and when a suitable option is found, another problem arises - retaining ownership of the property until the deal is concluded and cash settlements. This problem can be very easily solved with the help of a booking agreement.

Reservation agreements can be concluded with clients by real estate companies that have the right to sell apartments in new buildings. Developers try not to resort to such agreements. Often you can book an apartment with developers, but not in writing and for a very short period of time (no more than 1 - 2 days).

In the practice of the primary market, given the high competition among developers, a reservation agreement is concluded quite rarely. This situation arose in 2008 - 2010, but in this year it has begun to change towards a coordinated seller-buyer market, although now buyers are already lining up for some particularly popular properties. Therefore, it is quite natural that there is a need to book an apartment for some period of time. As a rule, reservation contracts are concluded on short terms(1 - 2 weeks).

Currently, many transactions in the primary market are concluded using a mortgage. It will take a lot of time to collect documents, review the mortgage borrower’s case with the bank and open financing. Experts note that it is for mortgage cases that reservation agreements are mainly concluded.

The reservation agreement, which is concluded by the mortgage borrower, must stipulate the return of the advance in full if the transaction does not take place due to the fact that the bank refuses to issue a loan. Moreover, it should be taken into account that it is almost impossible to obtain a written refusal from the bank.

It is also necessary to take into account that banks often underestimate the amount provided to the borrower. Therefore, if the apartment is tied to the course foreign currency, then as it grows, you will have to look for options to solve this problem. To insure yourself against such a situation, you should fix the maximum settlement currency rate in the booking agreement.

Of course, it will be much better if you take out a mortgage loan from the bank that provided project financing for the property where you are buying an apartment. Then the client will only need to correctly calculate the timing that must be taken into account when signing the booking agreement.

Experts believe that it is best to take out a loan in the currency in which the cost of apartments in a new building is denominated. If the client takes out a loan in dollars, but pays for the apartment in rubles, then the bank will conduct a conversion for the borrower at its own internal rate on the day the loan is issued.

The booking agreement must indicate exact information about the booked apartment (floor, section, number on the site, total area). You should also specify the booking amount and the conditions for its return or offset as the cost of the apartment. It is important to indicate the timing of the booking and specify the responsibilities of the parties in case of failure to fulfill their obligations. Experts add that the contract should also include the details of the seller and the buyer, as well as the deadline for completing the transaction. According to experts, the text of contracts is drawn up at a professional level and takes into account the rights of both parties.

An important point of the contract is the amount that the buyer deposits into the seller’s account in order for the housing to be removed from sale for a certain period. Most often, this issue is resolved by agreement of both parties and is not tied to total cost apartments or houses. As practice shows, in Moscow the advance is 40,000 rubles, and in the Moscow region - 35,000 rubles. Moreover, if the buyer does not buy housing within the period specified in the contract, then the amount is not refunded.

However, the booking agreement also has its drawbacks - it is not subject to state registration. The disadvantage of the reservation agreement is that it is not subject to state registration. Thus, if the seller is unscrupulous, then he can conclude several reservation agreements for one apartment at once. In the event of a dispute between the buyer and seller, consideration of this issue in court may proceed according to the following scenarios: the contract is recognized as preliminary or the transaction is declared invalid.

Experts urge you to approach concluding a booking agreement as responsibly as possible, since mistakes can lead to loss of the advance or even failure of the deal.

Having set the goal of purchasing an apartment in a building under construction, the buyer sifts through a lot of information, goes to viewings, and when a suitable option is found, he is faced with another problem - how to keep the property until the deal is concluded and cash payments are made? The problem can be solved if you use the booking agreement. “A reservation agreement is concluded when it is necessary to reserve the purchased property for a potential buyer,” explains Dmitry Otyakovsky, commercial director of the Moscow division of the Pioneer Group of Companies, to the magazine www.metrinfo.ru. As Nina Kuznetsova, founder of Urban Realty, added, booking agreements are often concluded with clients by real estate companies that have the right to sell apartments in buildings under construction. Developers themselves resort to such agreements infrequently. “Reservations from developers are most often made verbally for a very short period of time – 1-2 days,” the expert clarifies.

As noted by Vasily Fetisov, Director of Sales and Marketing of Zheldoripoteka CJSC, a reservation agreement is quite rare in the practice of the primary housing market, especially in conditions of high competition among developers in the market where the buyer rules the roost. This is exactly the situation that developed in 2008-2010. In 2011, the situation is gradually changing towards a balanced buyer-seller market, but a queue of buyers is already lining up for some popular and successful properties. Accordingly, there is a need to book an apartment for some time to resolve an issue, for example, with obtaining a mortgage loan. Typically, booking contracts are concluded for short periods - a week, two weeks, a month.

The deal will include a mortgage

Indeed, today many transactions in the primary market are carried out using a mortgage. Accordingly, it takes a lot of time to collect documents, review the mortgage borrower’s case with the bank and open financing. According to Vasily Fetisov (Zheldoripoteka), most booking agreements are now concluded for mortgage cases.

What should be in such an agreement if it is concluded by a mortgage borrower? Dmitry Otyakovsky (Pioneer Group of Companies), advises to include the possibility of returning the advance in full if the transaction does not take place due to the bank’s refusal to issue a mortgage. And considering that it is extremely difficult, almost impossible, to obtain a written refusal from the bank, it is worth paying attention to the wording of this paragraph.

The next point is that banks usually underestimate the amount they are willing to provide to borrowers. And if the price of an apartment is tied to the foreign exchange rate, which unexpectedly increased, then there are two possible solutions to the problem: either look for money, for example, take an additional consumer loan, or submit a new loan application to increase the loan amount. "But the best insurance such situations will be prevented by fixing the maximum exchange rate of the payment currency in the booking agreement,” says the expert.

The situation is more optimistic if we're talking about about obtaining a mortgage from the bank that conducted pre-project or project financing for this facility. Then it is only important for the client to correctly calculate the validity period of the booking agreement. “The developer and the bank most often have an agreement on the timing of approval of borrowers, for example, 7-10 days from the date of submission of documents,” says Nina Kuznetsova (Urban Realty). “And it is precisely this period that must be taken into account when signing the booking agreement.”

As for the currency of payment, which will appear in the agreement, Vasily Fetisov (“Zheldoripoteka”) believes that it is logical to receive a loan in the currency in which the value of the property is denominated. But if the client decides to take out a loan in dollars, and payment for a new building in 90% of cases occurs in rubles, then the bank will carry out a conversion for the borrower at its own internal rate on the day the loan is issued, says Nina Kuznetsova (Urban Realty).

Nuances of the agreement

The booking agreement requires certain formalities to be observed. It should detail the subject of the agreement between the two parties and the points requiring execution. First of all, says Nina Kuznetsova (Urban Realty), the contract must contain information that accurately describes which apartment the buyer is booking - floor, section, its number on the site and total area. The booking amount and the conditions for the return of this money, its non-refund or credit to the price of the apartment must be specified. It is very important that the booking deadlines are clearly defined and the responsibility of the parties for failure to fulfill their obligations is stated. “It is imperative to indicate the details of the buyer and seller and the timing of the transaction,” adds Dmitry Otyakovsky (Pioneer Group of Companies).

What should a buyer do if he does not agree with the clauses of the contract drawn up by the company’s legal service? Experts frankly say that in practice it is quite difficult to conclude an agreement on the buyer’s terms. “Unless we are talking about a multi-million dollar transaction,” notes Vasily Fetisov (“Zheldoripoteka”). An “ordinary” buyer will be politely listened to and his wishes will be “considered”... However, our commentators believe that the text of the contracts is drawn up at a good professional level and takes into account the rights of both parties.

An important point of the contract is the amount that is deposited into the seller’s account by the buyer for the fact that the apartment or house will be on certain period withdrawn from sale (in common parlance - advance payment). In most cases, the monetary issue is resolved by agreement of both parties and is not tied to the total cost of the property. In practice, says Nina Kuznetsova (Urban Realty), in Moscow we are talking about an advance payment of 50 thousand rubles, and in the Moscow region - from 35 thousand rubles. And this amount is not refunded if the client does not buy the apartment within the period specified in the contract.

As for the transaction amount itself, in most cases, if the price square meter announced in rubles, it appears in the booking agreement. If the price is indicated in foreign currency, then the calculation is usually carried out at the MICEX exchange rate at the time of depositing money.

The booking agreement also has its drawbacks. It is not subject to state registration. As a result, an unscrupulous seller may enter into several reservation agreements for the same apartment. If a serious dispute arises between the seller and the buyer, the consideration of this issue in court may follow different scenarios. One by one, the agreement can be recognized as preliminary, and this will provide it with all the qualifying norms of this agreement. Otherwise, the deal will be declared invalid altogether.

Experts advise

Since errors in concluding a reservation agreement can lead not only to the loss of the advance payment, but also to the failure of the transaction, www.metrinfo.ru asked experts to give advice on what you should first pay attention to when concluding a reservation agreement.

Nina Kuznetsova (Urban Realty):

The main thing when concluding a reservation agreement is to understand how soon and how you will need to pay for the purchase of an apartment in the selected new building, whether there are any conditions on the basis of which it is possible to extend the reservation, and whether it is possible to change the selected apartment to another.

Vasily Fetisov (“Zheldoripoteka”):

It is necessary to pay attention to the client’s obligations and penalties if the transaction does not take place due to the client’s fault. And also on guarantees from the developer - in the obligations section, for example, what will happen if the apartment is sold to a third party during the validity period of the reservation agreement.

Dmitry Otyakovsky (Pioneer Group of Companies):

I recommend paying attention to the deadline for booking, the description of the property (address and physical characteristics), the amount of the advance, the cost of the object, the payment procedure, penalties in the event that one of the parties is unable to enter into a transaction.

An agreement to book an apartment in a new building at the present time, when the market for new buildings is a buyer’s market, is not concluded often, but it is still a necessary tool. It is concluded when you need to “Sell” the apartment you like. Let's take a closer look at it.

Let's imagine that the buyer goes through a lot of options, goes to viewings, spends a lot of time, and when he finds the right option, it turns out that the apartment is in the right house on the right floor with the right kind There are one or two windows. And there may not be enough time to raise money for this particular apartment.

By reserving an apartment, the buyer obliges the seller to legally assign the apartment to himself. Physically, everything happens in the form of a reservation for a certain period. Moreover, if the reservation is made by a developer, then everything is often done on the honest word of the manager, who will be able to hold the apartment for one or two days.

If the apartment reservation is made through an authorized agency, the apartment reservation agreement can be concluded for a period of 10 to 30 days. Most booking agreements are currently concluded for mortgage transactions.

What should an apartment reservation agreement contain:

Possibility of returning the advance payment in full, provided that the transaction does not take place due to refusal mortgage bank
Full information about the apartment - its address, area...
Amount of advance payment
Conditions under which the advance is returned to the client
The period during which no one will be able to buy this apartment
Responsibility of the parties for failure to fulfill obligations
Buyer and seller details
Deadlines for entering into a deal

You need to know that the reservation agreement is not subject to state registration, and therefore government officials will not be able to control it; you must approach the conclusion of the agreement very carefully.

What to pay attention to when concluding a booking agreement

1. Carefully read the apartment reservation agreement drawn up by the seller’s lawyers. If you are not satisfied with something, you need to demand that the contract be changed or additions made to it. True, in practice this is not easy to do; an agreement drawn up by lawyers of a large developer is usually balanced and takes into account the rights of both parties. But with the right amount of pressure and arguments, this can be done.

2. Pay special attention to how soon and how you will have to pay for the purchase of the selected apartment in a new building.

3. Are there any conditions that will allow you to extend the reservation, is it possible to replace the selected apartment with another one if necessary.

4. Very large attention to obligations buyer, penalties - what will happen if the transaction does not take place due to your fault.

5. Seriously look at the warranty clause on the part of the developer. It is important to understand what liability the developer will bear if he sells the reserved apartment during the contract period.

6. It is important to work through the issue after the end of the booking period. Do not count on the availability of money for an apartment within the time frame you desire; there may always be some nuances related to the bank. Therefore, it is better to take the deadline with a reserve. The developer and the mortgage bank have an agreement on the timing of customer approval - for example, 10 days from the date of submitting the loan application.

8. One of the most important points of the contract is the amount paid for the reservation (advance payment). Most often, in Moscow the advance will be 50,000 rubles, in the Moscow region - 30,000. This amount is not refundable if the deal falls through due to your fault.

9. And finally. The contract for booking an apartment in a new building is not subject to state registration. That is, an unscrupulous seller has the opportunity to conclude more than one reservation agreement for the same apartment. Pay attention to this.