Token Money and Agreement for Property: All You Need to Know

What is token money?

Token money is often a small portion of the total payment or value included in the transaction at the time of buying a new house. Its objective is not to represent the entire transaction value, but rather to serve as a good-faith gesture and to bind the parties involved. All of these terms and conditions are outlined in the property token money agreement.

In real estate, for example, a buyer may provide token money to the seller as a sign of their intent to purchase the property. This initial payment signifies the buyer’s seriousness and may be held in escrow until the transaction is finalized. If the buyer fails to complete the transaction as agreed, the token money may be forfeited by the seller as compensation for their time and opportunity costs.

Embrace the power of token money and property agreements to embark on your path to property ownership with clarity and certainty.

Token money agreement for property

The token money agreement for property, often referred to as the sale agreement or purchase agreement, is a legally binding contract between the buyer and seller that outlines the terms and conditions of the property transaction. It includes details such as the property description, purchase price, payment terms, possession date, rights and obligations of both parties and any special conditions or contingencies. The agreement aims to protect the interests of both the buyer and seller and serves as a reference point for the smooth execution of the property transfer.

Types of Token Agreement

Conditional Token Agreement

A conditional token agreement is a legal contract that governs the issuance or transfer of tokens based on specific conditions being met. In this type of agreement, the parties agree that the token issuance or transfer will only occur if certain predetermined conditions are fulfilled within a specified timeframe. These conditions can vary and may include regulatory requirements, milestones, financial targets, or other predetermined events. The agreement outlines the triggers for fulfilling the conditions, the consequences of non-fulfillment, and any dispute resolution mechanisms. Conditional token agreements are commonly used in token offerings, fundraising campaigns, or tokenized real estate transactions to ensure compliance and protect the interests of all parties involved. Basically, token money is used to book both types of properties like freehold and leasehold properties.

Confirmed Token Agreement

A confirmed token agreement is a legal contract that formalizes the issuance or transfer of tokens to a buyer or recipient. It serves as a confirmation of the agreed-upon terms and conditions between the parties involved in a token transaction. The agreement typically includes details such as the number and type of tokens being issued or transferred, the purchase price or consideration, the payment method, and any other relevant terms. It provides a clear record of the token transaction and serves to validate the ownership or investment rights of the recipient. A confirmed token agreement is essential in token sales, tokenized fundraising, or any token-related transactions to ensure transparency and legal validity, especially in tier 2 cities which are considered best for living in India.

Token Money and Agreement for Property: Confirmed Token Agreement.
Token Money and Agreement for Property: Confirmed Token Agreement.
Source: Zameen

When token money is paid?

Agreement Stage

Token money is usually paid during the agreement stage after the buyer and seller have reached an initial agreement on the terms and conditions of the transaction. It signifies the buyer’s intention to proceed with the purchase and serves as a form of consideration to bind the agreement.

Offer Acceptance 

Once the seller accepts the buyer’s offer, the buyer typically provides the token money as a show of good faith and commitment to completing the transaction. The payment is made to the seller or held by a third-party escrow agent or lawyer until the closing of the transaction.

Amount and Terms

The amount of token money can vary and is typically a small percentage of the total purchase price, often ranging from 1% to 5% of the agreed-upon price. Property transfer changes also depend on the price of the property.  The specific terms regarding the payment, refundability, and allocation of token money are typically outlined in the purchase agreement or contract.

Token Money and Agreement for Property: Amount and Terms.
Token Money and Agreement for Property: Amount and Terms.
Source: HomeCapital

Refund or Application

Depending on the terms of the agreement and types of the property, token money may be refundable or non-refundable. In some cases, if the transaction does not proceed due to reasons specified in the agreement, such as failure to obtain financing or unsatisfactory property inspections, the token money may be refunded to the buyer. Alternatively, the token money may be applied toward the purchase price or other costs at the time of closing.

As a token amount, how much money will be paid?

Token money agreement for property is a preliminary step. In India, the token amount, also known as earnest money, can vary based on several factors, including the nature of the transaction and local customs. While there is no fixed rule or legal requirement regarding the specific amount, it is commonly a small percentage of the total property value.

Our property expert understands the intricacies of the real estate market and has a vast network of lenders and financial institutions. They can help you identify the best loan options tailored to your financial situation and home buying needs.

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Get the best home loan rate at PropertyCloud

Typically, token amounts range from 1% to 5% of the agreed-upon purchase price. However, it’s important to note that the actual amount is negotiable between the buyer and seller and can be influenced by various factors, including market conditions, the value of the property, local practices, and the growing trend indicating that satellite cities are best for living in India.

It’s recommended to consult with a local real estate professional or legal advisor who is familiar with the prevailing norms and practices in the specific region where the transaction is taking place, especially in the context of smart cities in India. They can guide the customary token amount in that area and help ensure that the payment is fair and in line with local practices, ensuring a smooth and informed real estate transaction process within the framework of modern urban developments.

Is token money refundable?

In Indian cities, the refundability of token money, also known as earnest money, is subject to the terms and conditions agreed upon between the buyer and the seller. The refundability of token money can vary based on the specific agreement or contract entered into by the parties involved. 

Token Money and Agreement for Property: Is Token Money Refundable.
Token Money and Agreement for Property: Is Token Money Refundable.
Source: PixelPlex

Few key pointers to be considered

Purchase Agreement Terms 

The terms regarding the refundability of token money should be clearly outlined in the purchase agreement or contract between the buyer and the seller. The agreement should specify the conditions under which the token money will be refunded to the buyer. Even a NOC is also an important document if the deal is done on behalf of the party.

Default by seller

If the seller fails to fulfill their obligations or breaches the agreement, the buyer may be entitled to a refund of the token money. The agreement should define the circumstances under which the buyer can seek a refund in such cases.

Paying tokens: Things to consider

The specifics of token money agreements for property can vary based on local laws and practices. To navigate the legal and financial aspects of real estate transactions and ensure a smooth and secure process, it is essential to consult with experts and seek professional advice.

In the challenging world of real estate, finding the perfect property and the right agent can indeed be a daunting task. Contacting our property expert can be the game-changing solution you need.

Contact our property expert for stress-free home-buying.
Contact our property expert for stress-free home-buying.

Consult Professionals

It’s recommended to seek assistance from a legal professional, like a real estate attorney or conveyancer, to ensure compliance with local laws and regulations when dealing with a Deemed Let Out Property agreement and transaction.

Thoroughly Review the Agreement

Carefully read and understand the terms and conditions stated in the agreement before signing. Pay attention to clauses related to payment schedules, property inspections, title verification, and any contingencies or special conditions.

Seek Clarity on Ownership and Title

Ensure that the seller has clear ownership rights and proper title documentation for the property. Conduct due diligence, including title searches and verification, to confirm the property’s legal status and to minimize potential risks. It’s crucial to check the khatian number for property ownership details, as this information provides valuable insights into the property’s history and ownership records.

Payment Security

Understand the payment terms and mechanisms, such as installment plans or escrow accounts, to safeguard your financial interests and ensure that payments are made as agreed upon.

Seek Legal Remedies 

The agreement should outline the remedies available to either party in case of a breach, non-compliance, or disputes. It’s essential to have legal recourse and dispute resolution mechanisms to protect your rights.

Token Money: A Key Element in Property Deals

Whether you’re a first-time buyer or a seasoned investor, safeguarding your investment and paving the way for a rewarding real estate journey. Token money agreements for property play crucial roles in real estate transactions, providing clarity, security, and peace of mind for both buyers and sellers. Token money, as a gesture of earnest intent, demonstrates the buyer’s commitment to the property purchase and assures the seller of their serious interest.

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