LEGAL REGULATION OF ADVANCES AND DEPOSITS UNDER CONTRACTS RELATED TO REAL ESTATE. NATIONAL AND FOREIGN EXPERIENCE

In this comprehensive article, the authors delve into the intricate legal landscape surrounding advances and deposits in real estate contracts, offering valuable insights drawn from both national and foreign jurisdictions. The article begins by highlighting the significance of advances and deposits in real estate transactions and the challenges posed by varying legal regulations across different regions. The authors provide a thorough examination of the regulatory frameworks governing advances and deposits in real estate contracts, focusing on key principles, practices, and case studies from national perspectives. They discuss how statutory law, common law principles, and industry standards shape the treatment of earnest money deposits in countries like the United States, emphasizing the importance of understanding jurisdiction-specific requirements to avoid disputes and liabilities. Drawing from foreign experiences, the article explores alternative approaches to regulating advances and deposits, such as deposit protection schemes implemented in countries like the United Kingdom and Canada. By analyzing the mechanisms and effectiveness of these schemes, the authors highlight valuable lessons for enhancing consumer protection and promoting confidence in real estate markets worldwide.