When the buyer and seller negotiate the real estate transaction, the amount of the contribution is negotiable, as are all essential general conditions. The deposit is sometimes referred to as a “serious money deposit.” Although negotiable, there is usually an initial deposit of 1000 $lorsque the parties sign the offer. A larger deposit – often 5 per cent of the purchase price, but sometimes less or more depending on different factors – is made when the parties sign the SDP. For example, at a purchase price of $400,000, a homebuyer would make a down payment of US$1,000 at the time the offer was signed and an additional deposit of $19,000 for a total deposit of 5 per cent at the time of signing the SPP. If a homebuyer uses a first-time buyer program that does not require as much cash, the total payments may be less than 5 percent. The buyer accepts that if you cancel the sale, you lose the amount paid in installment, but you have no other penalty. 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. The deposit binds you to the property. If you do not terminate the contract, you will receive your $10,000 down payment at closing; Therefore, you appear with 40,000 USD (10,000 USD down payment – 30,000 USD that you will bring) for the down payment – 160,000 USD from your lender (mortgage loan) – subscription fee. With regard to the amount of the deposit contract, Spanish law does not set a fixed amount and must be freely agreed by both parties. However, it will be advisable to determine a higher or lower amount depending on the buyer`s interest in the property, since it should return double the amount in case of return of the seller.
Without a deposit, the buyer has not entered into his part of the real estate contract and thus creates a defective or defective contract. As the contract is considered defective or defective, the terms of the contract are no longer binding on the seller. For the buyer, this can have an effect on standard residential real estate inspection clauses. The buyer can have the inspections carried out; Find a problem, then contact the seller for repairs or a reduction in the sale price. The seller may not fix any problems found during the inspection or accept a reduced purchase price. The consideration is not complete, the contract being deficient, the buyer will not resort to repairs made by the seller.