All About Token Money and Its Do’s and Don’ts

Introduction

Token money is a very important part of real estate transactions as it is usually the first step towards buying a property. This is why both the buyer and the seller need to understand the process so that they can avoid hitches. This blog post contains all the information about token money such as when it is paid, how much to pay, refund policy, and the best mode of payment.

When is Token Money Paid?

Token money is typically paid at the beginning of a real estate transaction. It is an early phase of commitment to buying the property and shows the buyer’s willingness to buy the property.

Here are the key instances when token money is paid:

  • Initial Agreement:

    Token money is given to the seller when a buyer shows a genuine interest in the property as a sign of commitment. This is usually the initial form of financial interaction between the two parties.

  • Preliminary Negotiations:

    During negotiations, tokens can be used to gain possession of a piece of property for a limited period to allow the buyer to mobilize funds and undertake research.

  • Property Visits:

    In some cases, token money may be demanded before fixing a date for a viewing of the property, especially if the property is in high demand or is listed as a prestige property.

How Much Money is to Be Paid as a Token Amount?

The amount of token money can vary depending on the property's value, location, and the parties involved. Here are some general guidelines:

  • Market Standards:

    The token money is usually between 1% and 2% of the price of the property. However, it may vary depending on local market conditions and the contract between the buyer and the seller.

  • Negotiable Amount:

    The exact amount is usually flexible and depends on various aspects such as the market demand of the property, the need of the seller or the buyer, and the financial capability of the buyer.

  • Fixed or Percentage-Based:

    Some sellers might request a fixed amount, while others prefer a percentage of the total sale price. There must be clarity on the amount and a consensus before moving forward.

Can Token Money be Refunded?

A crucial factor is the refundability of token money, which can differ according to the terms of the contract. Here are some common situations:

  • Non-Refundable Token Money:

    In many cases, token money is non-refundable. This means if the buyer withdraws from the deal without any justifiable cause, then they forfeit the token money as compensation for the seller's time and opportunity loss.

  • Refundable Token Money:

    In some of the agreements, the token money can be refunded under certain circumstances such as if the buyer’s loan application is turned down or if major defects are noticed during the property inspections.

  • Mutual Agreement:

    Refund policies can be negotiated between the buyer and the seller and should be included in the contract to avoid future misunderstandings.

  • Legal Clauses:

    Legal provisions regarding the refund of token money should be clearly mentioned in the sale agreement. This can safeguard both parties and make sure that the transaction goes on smoothly.

How to Pay the Token Money?

Token money payments are relatively easy to make, but they must be done attentively to maintain legal compliance and transparency. Here are a few recommended techniques:

  • Cheque Payment:

    Payment through cheque is another method as it offers a record of the transaction. Make sure the cheque is payable to the right person and keep a copy of the cheque for your records.

  • Bank Transfer:

    Electronic bank transfers are secure and convenient, offering an instant record of the transaction. Ensure you use the correct account details and reference the property in the transaction description.

  • Demand Draft:

    A demand draft is another secure method, frequently used in high-value transactions. It works like a cheque but it is considered safer since the buyer’s funds have already been debited when the draft is made.

  • Cash Payment:

    Although some transactions may be done in cash, it is not advisable to do so because it may lead to potential legal and tax issues. If cash is used, make sure the right receipt is given and both parties have agreed on the amount.

  • Legal Documentation:

    However, it is important to note that documentation should always be done regardless of the mode of payment used. The receipt or acknowledgment of the token money should be issued by the seller and the copy of the same should be maintained by the seller as well as the buyer.

By understanding the specifics of token money, buyers and sellers can engage in real estate transactions with greater confidence and security. Proper timing, appropriate amounts, clear refund policies, and secure payment methods are essential to making the process smooth and legally sound.