You agree to generally purchase with a penalty for non-compliance, a property that you have not examined and verified in detail. You agree to buy a property on different terms, which means you will have to buy the property, even if it has defects or if your bank will not approve your mortgage. In other words, you agree to enter into a sales contract with an unknown wording. You also agree to pay a booking fee or down payment, the amount of which is generally the same as the contractual penalty imposed if you have changed your mind and have not purchased the property for any reason. The booking contract also provides for the obligation for the real estate agency not to offer such real estate to other people. The booking contract is good to protect the real estate agency. What does that mean? You don`t have time to think about your purchase. It is not the result of the contract that you may change your mind about buying the property. You should always know the condition of the property BEFORE signing a contract. This is generally not true; The contract does not involve anything like this – this option is only offered by the most decent real estate agencies. The real estate agency cannot promise you that such a property will not be sold by another real estate agency or by the seller himself to another buyer. They are guaranteed only if the seller commits himself or if the real estate agency and the seller enter into the exclusive contract. If the booking contract contained all the elements that I think are appropriate, its content would bring it closer to the preliminary contract.
So why not close the pre-contract? The booking contract is usually a bilateral agreement between and between the real estate agency and a person interested in buying a property. It can be mentioned under different names – booking contract, deposit contract, booking contract – but it is still a contract whose essential elements are not defined by law and it can therefore define the rights and obligations according to the will of its participants. If the booking agreement you signed is bilateral, i.e. the contract in which the owner of the property does not comply with the contract, you have the right to recover the deposit (or, in other words, the blocking).