When one sets out to buy a property, one gets to hear several terms and processes, and one such term that pops up frequently is the term Token Money, sometimes also called Token Amount, or Bayana. So, what does token money mean, and how does it matter in property purchase? When to pay the token amount and is token money refundable? Let us throw light on all these concerns regarding token money in property purchases.
Buying or selling a property is a legal process and just to ensure good faith, a small percentage of the total property cost is paid by the buyer to the seller, which is termed as the Token amount. It is paid as a commitment to the deal before signing the final agreement and signifies the buyer’s serious intent to buy the property. It is paid under a preliminary contract called the token money agreement that states the amount paid as a token or bayana and the final payment schedule along with the conditions for refund or forfeiture. Token money can range from a few thousand to several lakhs depending on the value of the property.
The buyer and seller sign a Token Money Agreement for Property to secure the deal, with the buyer paying a nominal amount to confirm their intent to purchase the property. Let us proceed further to understand its benefits. The three main benefits of paying a token amount when purchasing a property are listed below:
Suggested read: Margin Money in Home Loans
It is equally important to understand when to pay the token money for a property. The buyer can pay the token amount at different times depending on the acceptable terms between both the parties such as:
It is not necessary that a property deal may unfold as expected, so does that mean the token amount once paid by the buyer will not be recovered? No matter whether the buyer or the seller backs out of a property deal, the bayana or the token amount is refunded. To get a better understanding of this, we recommend you to go through the Token money refund rules by the Real Estate Regulatory Authority (RERA):
There is no mandate regarding a fixed amount to be paid as a token money for a property purchase. This amount may vary from case to case and totally depends on the mutual understanding between the seller and buyer. It usually ranges between 1% to 5% of the total property value but can be negotiated. To calculate, multiply the agreed percentage by the property price. For example, if a property costs ₹50 lakh and the token money is 2%, the amount would be ₹1 lakh. This amount is typically adjusted in the final payment.
It is at the same time crucial to understand the difference between token money and a down payment because many times homebuyers get confused between these two forms of payments done while purchasing a property. Token money is a small, initial amount paid by a buyer to indicate serious intent to purchase a property or asset. It is usually refundable or adjustable in the final payment and does not legally bind the buyer to complete the transaction. In contrast, a down payment is a substantial upfront sum paid as part of the total purchase price, often in real estate or vehicle purchases. It confirms commitment and is usually non-refundable. While token money signals interest, a down payment secures the transaction’s financial foundation. In clear words, a down payment is the amount a buyer pays upfront when buying a property, whereas, token money is just a small token of it.
To Sum Up
Token payment or token money is a fundamental aspect of property transactions helping buyers and sellers seal the deal in good faith. However, it is important to approach this step of paying token money with caution after seeking professional advice. Understanding the token amount agreement, its legal implications, and best practices can ensure a hassle-free property transaction experience.
To reverse the token money, the buyer must send a legal notice to the seller stating the reason for canceling the deal and demanding a refund of the token money. In case, the seller refuses to reverse the token money, the buyer must approach RERA or file a suit in the civil court.
Token money and bayana are often used for the same process of paying a small amount of the total property cost by the buyer to the seller to lock in the deal. However, a small difference between the two is that there is no written legal paper or stamp paper for token money payment, whereas, bayana is done through a legally-bound stamp paper.
Standard money is the legally recognized currency with full face value that we use in daily transactions, whereas, token money is a symbolic payment paid in property transactions as a small amount of the whole payment.
According to the RERA (Real Estate Regulation and Development) Act, if the property deal is canceled due to the developer’s fault, then the entire token money is to be refunded within 45 days of the deal cancellation. In case, the buyer is at fault, then the developer has the right to deduct a nominal amount as a penalty from the token money before refunding.
The best way to take property payments is through secure methods like demand drafts, cheques, and bank transfers. Moreover, a legal agreement must be drafted mentioning the payment schedule, token money, and the final amount.
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