Booking contract! Contract Reservation
The reservation contract is a contract that enables the buyer to reserve the property for an agreed period of time. During this time, the seller or the real estate agency – which relates to the immovable in the contract – cannot sell it to anybody else. qatar real estate
The purpose of the contract is to provide
the eventual purchaser with enough time to check the legal and factual position
of the property and, where necessary, to ensure that the purchaser can check
whether the purchase means are available for financial purposes.
The contract is usually concluded by
depositing the reservation fee. The size of the fee does not vary from 20 000
CZK,- CZK to 100 000 CZK for a dwelling unit, as may be specified by law or any
other legal regulation. It is paid in cash when the reservation contract is
signed. The purchaser should verify that the payment of the reservation fee is
subsequently considered as part of the purchase price. We now reach the first
potential pitfall - the conditions under which the reservation fee is returned
to the party concerned. These conditions usually cover legal deficiencies such
as the existence of lien, actual burdens (users' rights) and issues such as
leasing and factual deficiencies (for example the fact that the roof of a house
needs repair). There are no conditions stipulated for negotiating the above
conditions. It therefore depends specifically on the conditions agreed in the
contract. Ideally, the return of the fee is a successful contract if the
purchase contract is not signed.
One of the conditions for the reservation
fee could be recommended if the wording of the subsequent contract is not
agreed (Purchase Contract or Future Purchase Contract). It must generally be
pointed out that different conditions for different types of property would exist.
What is the contract supposed to include?
When negotiating a reservation contract,
several elements to be included in the contract must be taken into account.
First of all, the contract should specify the period for which the real estate
is reserved in order to ensure that nobody else can sell it. The seller or
third-party agent should allow the buyer to verify the legal and factual issues
related to the property. The contract should ensure the preparation of a
contract and, ultimately, financial resources for the purchase (e.g. mortgage
credit). The vendor, usually the third party agent (e.g. real estate agency)
must confirm unconditionally that the particular property is not sold or
offered for sale to anybody else during this period under the contract.
As agreed by all parties, the contract
shall include the size of the reservation fee, the conditions of refund of the
fee and the inclusion of the fee in the property purchase price.
If purchasers are informed during
negotiations on purchases of property that the reservation contract submitted
is standard and is unchangeable (even if no part of the contract fulfills
them), the importance of any text modifications must be objectively assessed.
If no amendments are possible (e.g. the reservation fee), it is advisable to
consider contacting another real estate agency and searching for a different
property. You will not risk forfeiting a reservation fee unnecessarily and/or
other disappointments. Last but not least, it is necessary to make sure the
person to whom a reservation contract is concludted (i.e. the person who will
bear your fee) is the person to return the fee as the basic condition of the
contract, in the event that no purchase contract or future purchase contract is
concluded. It is therefore recommended that you be careful when selecting such
a person before undertaking a non-insignificant booking fee.
Finally, it should be emphasized very
strongly that caution and prudence in life pay off, and not only in relation to
property.
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