A buyer's request to enter the apartment before the last payment sometimes makes sense: the buyer has to move, the seller has already vacated the property, and the parties want to move forward without delay. But legally, a strong delivery before receiving the full return changes the balance of risk in the transaction.
Before agreeing, it is best to check the topic in the frameworkLegal support for real estate sales transactionsAnd in generalReal Estate and Real EstateIf the difficulty is related to a delay in payment, it is recommended to read the manual as well.What to do if buying an apartment late in payment.
Do not give up early possession without written consent, clear and safe conditions are appropriate. If the buyer receives a key before paying all the consideration, it is necessary to determine exactly what he is allowed to do in the apartment, who is responsible for damages, what happens if the last payment is not paid, and what documents remain in trust.
In some cases, early entry may be arranged with caution. In other cases, it is better to wait for the last payment, especially if the source of the money is unclear, if there is a mortgage that has not yet been cleared, or if the original contract links the payment to the delivery of the holding.
Possession of the apartment is a practical force. Once the buyer is in the apartment, it is more difficult to reverse the situation if a dispute arises. If the last payment does not arrive, the seller may find himself with a buyer who owns the property, with documents some of which have already been delivered, and with the need to conduct a procedure to enforce payment or vacate the apartment.
Even if the buyer is acting in good faith, problems can arise: a delay in the mortgage, a dispute over deficiencies, damage to the apartment, a change in the condition of the property, or a demand to offset amounts from the last payment after the buyer has already entered.
If you decide to allow early entry, the consent should be a written document and not a general WhatsApp message. The document should define that it is a temporary and limited authority, which does not supersede the terms of the sale contract and does not constitute a concession of the seller for the balance of the consideration or for remedies in the event of a breach.
It is worth including an exact date for the last payment, a commitment not to make any changes to the property without approval, full liability for damages, an evacuation mechanism if the payment is not accepted, and a clarification that the documents required for registration will not be released before receiving the full consideration or before any other agreed condition.
Sometimes the parties focus on the key and forget that the risk is in the documents as well. Handing over a key gives the buyer actual use of the apartment. Handing over documents can allow the promotion of registration or operations in front of a bank and authorities. Therefore, one should check separately what was delivered, to whom, and under what conditions.
In many cases it is correct to leave critical documents with a trustee until the last payment is received. So even if early entry is allowed, the seller does not lose the mechanism that ensures the completion of the consideration.
Early entry may become a discussion of deficiencies. The buyer enters, discloses problems or claims damages, then asks to be deducted from the last payment. Therefore, it is important to make a delivery protocol, photograph the condition of the apartment, and write down what repairs if any of the seller's responsibility remains.
If there is a known dispute about a defect, it is best to arrange it before handing over the holding. An amount may be determined to remain in loyalty to a point correction, but not to leave the entire balance of the consideration open to a general dispute after the buyer has already entered.
It is not worth agreeing to an early entry when the buyer does not yet know when he will receive a mortgage, when there are substantial approvals missing, when there is a large amount of payment left, or when relations between the parties are already strained. In such situations early entry may increase the pressure on the seller rather than solve it.
Even if the seller wants to help the buyer, it should be remembered that the contract is built around a change of value in possession. Changing this arrangement without an orderly document can change the entire point of power in the transaction.
A common mistake is to hand over a key that ‘only a small fee remains.' Sometimes the last payment is the amount that covers a mortgage, taxes, or other obligation of the seller. Another mistake is to assume that the buyer will go out voluntarily if he does not pay. After entering the apartment, a simple dispute can become much more complex.
A third mistake is not to document the condition of the apartment. Without a delivery protocol and photographs, it is difficult to prove whether certain damage existed before entry or was caused during the early period of use.
Seek advice before any advance key delivery, especially if there is a significant amount left to pay, if the money is due from a bank, or if there is already a delay in the payment schedule. The lawyer can build a brief appendix that sets conditions, safety and remedies in case the transaction does not go as planned.
Early entry is not necessarily a mistake, but it must be managed. When conditions are written and clear, the buyer can be helped without leaving the seller exposed to a risk he did not intend to take.
Similar questions of early delivery also arise in new transactions with a contractor seeLegal support in purchasing an apartment from a contractor, where the delivery and safety mechanisms are fixed in the sale law and require a separate inspection.
An article provides a framework. A sound decision requires reviewing the facts, documents and specific risks before moving forward.
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