Here are some examples of potential sellers and buyers who should use this agreement. This is in stark contrast to the new real estate acquired by the primary market (i.e. directly by the developer, since the law (the National Basic Code) provides for SPA legislation that the parties must adopt. Notwithstanding a BSG form, it is not mandatory for secondary market transactions, but the current market adopts much of the mandatory legal BSG in the national basic code, although with the necessary modifications to supply the BSG for its specific transaction. Explicit guarantees: An explicit guarantee is a positive statement from the seller about the quality and characteristics of the merchandise. An example of an express warranty is an electronics distributor that tells a customer, “We guarantee defects to your newly purchased TV for three years. If you tell us there is a defect, we will replace it or fix it. However, an explicit guarantee can be created even if the seller does not intend to establish one. If the sales contract has a description of the products that the buyer relies on at the time of purchase, an explicit guarantee is made that the merchandise complies with that description. When the seller makes a sample of the merchandise available to the buyer, an explicit guarantee is made that the merchandise matches the sample.
A written agreement allows both the seller and the buyer to clearly state the explicit guarantees that apply to the merchandise if necessary. If you do not have a sales contract, you may not understand your contractual rights and obligations, the economic consequences of the risks, and the remedies and protections you legally have. This agreement provides a solid foundation and framework for all stages of an otherwise complex process and provides ways to address and correct them in the event of a problem. Once the booking form has been signed and dated, the buyer/buyer/buyer must ensure the appropriate financing he or she needs. The buyer/buyer usually has 2 weeks from the date of the booking form to ensure this financing – this 2-week period can be negotiated by the parties before the booking form is signed. Unspoken guarantees do not automatically apply when sellers exclude them or change them clearly and strikingly in a written data set, such as. B a sales contract. Therefore, without written agreement, the seller can unknowingly provide the buyer with certain guarantees. This is a letter telling you that the buyer intends to acquire the property and can be prepared by the buyer`s representative or lawyer. As a general rule, a down payment is paid between 2 and 3% if this letter is signed and dated. This letter (usually called a reservation form) is not a legal requirement, but it can still be used if the acting parties decide to do so. In general, with under-sales contracts (i.e., where the property is questionable, is liquidated from the secondary market and/or if the seller/seller is not the promoter of the property), there is no law or law providing for a regulatory form of the BSG.
Therefore, the terms of a partial sale contract are purely commercial and are in accordance with the negotiating terms agreed by the parties. If the buyer/buyer does not have the necessary financing for the purchase of the property, the down payment can be refunded to the buyer/buyer, provided that such a refund option has been negotiated, agreed and included in the booking form prior to the signing of the property.