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What is the property delivery deposit? What is the use in the sale of second-hand houses?

Property delivery deposit is a part of the final payment reserved by the buyer when paying the house price. Its function is that if the seller maliciously defaults on the property fee, the buyer can directly use the property delivery deposit to pay the arrears, so as to protect the buyer's economic interests from infringement to the maximum extent.

1. What is the property delivery deposit?

In the second-hand housing transaction, in order to avoid the seller's default expenses (including property fees, heating fees, utilities and other expenses), the buyer will reserve a part of the final payment when paying the house price to the seller, and then pay it to the other party after the seller and the property have settled all the expenses. This part of the balance is called the property delivery deposit.

Second, what is the use of the property delivery deposit?

It can ensure the financial security of buyers and sellers to the greatest extent.

When signing the contract, the buyer and the seller agreed to reserve a certain amount of property delivery deposit, the amount is self-determined, generally 20,000-30,000 yuan, with a maximum of 50,000 yuan, and agreed on the liability for breach of contract. During the period of fund supervision, this part of the house payment will not be paid to the owner until the buyer and the seller complete the property delivery and sign the property settlement confirmation; If the seller maliciously defaults on the property fee, the buyer can directly use the property delivery deposit to pay the arrears, effectively protecting the economic interests of both buyers and sellers from infringement.

Note: There is no need for property delivery deposit, which is generally paid through chain transactions to ensure the safety of both parties' funds.

situation

In September, 20 13, the buyer Mr. Lin purchased the house of the seller's husband located in Building 147, Zaolinqian Street, Beijing, and paid a property delivery deposit of 1000 yuan when signing this contract. On September 28 of the same year, both parties went through the formalities of handing over the house, but Mr. Lin only returned the deposit to the seller on the grounds that the seller verbally promised that there was no breach of contract in the property fee. As a result, soon after the buyer moved in, when he went to the heating company to pay the bill, he found that the original seller still owed more than 6,000 yuan. The buyer asked the original seller for it, but the seller never cooperated to pay the arrears.

Treatment outcome

Because of the long litigation time, waste of energy and small amount, Mr. Lin finally chose to give up. However, if Mr. Lin had chosen the chain to buy a house, after this happens, the chain will advance Mr. Lin's loss first, and then recover from the seller together with Mr. Lin.

3. What contract do I need to sign to pay the property delivery deposit?

Real estate delivery deposit does not need to sign special contract terms, usually agreed in the supplementary agreement of the house sales contract.

Article 6 of the House Purchase and Sales Contract and Article 2 of the Supplementary Agreement have detailed stipulations on the specific matters of house transactions.

Schematic diagram of point 7 of Article 2 of the Supplementary Agreement

Agreement on house delivery deposit in point 7 of Article 2 of the Supplementary Agreement.

When the seller defaults on the property, the property delivery deposit can effectively protect the buyer's economic interests. Therefore, we should pay attention to retention in the process of buying a house.

This content is only used in Beijing.