Sample form of an agreement on a deposit, 2021, 2021 - Agreement and agreement on a deposit

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What to do before submitting a deposit

The transfer of the deposit indicates that the parties intend to conclude the main agreement. Accordingly, you will need to make sure that the apartment you plan to purchase is suitable in all respects.

It is recommended to do the following:

check the papers for the apartment. First of all, you need a fresh extract from the Unified State Register of Real Estate. It will indicate the owner, and also reflect information about all existing (if any) restrictions. It is also worth checking the technical passport for the apartment to identify possible illegal redevelopment or other changes;
obtain notarized consent from the seller’s spouse. If the property was acquired before marriage or received free of charge, such a document will not be required. This can be checked on the basis of the supporting documents listed in the extract from the Unified State Register of Real Estate;
make sure that there are no debts on utility bills. This is not a mandatory point, since such debts are not transferred to the new owner, but some management companies and resource suppliers try to collect the debt from the buyer;
check if there is a debt for major repairs. This payment is considered the only one that goes to the new owner. The certificate can be obtained by the owner of the apartment from the Capital Repair Fund;
make sure that there are no registered citizens in the apartment. It will not be difficult to discharge adults. Even if they refuse, the court will side with the plaintiff. But with children the matter is more complicated, so it is better to immediately exclude this possibility.

You can also prescribe the actions of the parties in case of unforeseen circumstances. This will prevent the development of conflicts in the future.

Read: How to draw up an apartment purchase and sale agreement

Agreement on deposit

City ________________ ___________________(date)
___________________________________________________________________,

(full name, address, passport details)

hereinafter referred to as the Seller, and _________________________________________________

(full name, address, passport details)

______________________________, hereinafter referred to as the Buyer, have entered into this agreement regarding the following:

1. The Buyer gives the Seller a sum of money in the amount of: _______________________

_________________________________________________________________________

against what is due from him under the upcoming purchase and sale agreement

_________________________________________________________________________

(indicate the object of sale and its full cost)

as proof of the conclusion of the contract and to ensure its execution.

2. If a contractual obligation is terminated before the start of performance by agreement of the parties or due to the impossibility of performance, the deposit must be returned to the Buyer in full.

3. If the Buyer is responsible for failure to fulfill the contract, the deposit remains with the Seller.

4. If the Seller is responsible for failure to fulfill the contract, he is obliged to pay the Buyer double the amount of the deposit.

5. The party responsible for non-fulfillment of the contract is obliged, in addition to what is specified in clauses 3 and 4 of this agreement, to compensate the other party for losses, including the amount of the deposit.

6. Disputes that may arise during the execution of the terms of this agreement, the parties will strive to resolve amicably through pre-trial proceedings: through negotiations, exchange of letters, telegrams, faxes, etc. In this case, each of the parties has the right to claim that it has in writing in the form of the results of resolving the issues that have arisen.

7. For all issues that have not found their solution in the text and terms of this agreement, but directly or indirectly arising from the relations of the parties to it, affecting the property interests and business reputation of the parties to the agreement, bearing in mind the need to protect their legally protected rights and interests, the parties of this agreement will be guided by the norms and provisions of the current legislation of the Russian Federation.

8. This agreement comes into force from the day it is signed by the parties, from which it becomes binding on the parties who entered into it. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this agreement.

This agreement is valid for _____________ (until the parties complete their obligations under it) and terminates

_____________________ 20___.

(day, month)

Termination (expiration) of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violations, if any, occurred during the fulfillment of the terms of this agreement.

9. Other conditions

____________________________________________________________________

_________________________________________________________________________

Done (this _____________ agreement is concluded) between the parties - participants indicated below, signed in _________________________

(city, town, etc.)

________________ 20___ in ______________ copies: ___________ for each party

(day, month) (quantity) (how many)

agreement, and all copies have equal legal force.

Signatures of the parties:

____________________FULL NAME. ___________________FULL NAME.

(Seller buyer)

Download the document “Sample form of deposit agreement”

Preliminary contract for the purchase and sale of real estate

Until 2008, the issue of including a guarantee amount clause in a contract was considered controversial in judicial practice. Courts often took the position when regulating relations arising from a preliminary agreement that the rules on this type of security cannot be applied to them, since there is no monetary obligation (if the sale and purchase agreement itself was not concluded). As a result, the judicial authorities recognized the amount of money paid in advance as an advance with all the ensuing consequences. On July 22, 2008, the Supreme Court of the Russian Federation adopted a ruling on a similar issue; the court sided with the depositors. Federal Law No. 42 of 03/08/2015 amended Art. 380 of the Civil Code of the Russian Federation, paragraph 4, which separately established the rule that this type of interim measures can also be applied when concluding a preliminary contract.

Thus, now let’s assume a deposit agreement for the purchase of non-residential premises; a sample of it can be downloaded below.

How to apply

When buying a home, the seller and buyer must have a common opinion on all terms of the transaction, including the price. The negotiation process can take a long time. And here there is a risk that any of the participants can change their mind at any time.

To reduce this risk, transaction participants often practice making a deposit, i.e. part of the transaction amount. Why is this done:

this proves that the parties have agreed on the issue of completing the transaction;
the transaction amount will be recorded;
the parties will be obliged to comply with the agreement to conclude a subsequent purchase and sale agreement on the agreed terms;
it is also evidence that part of the cost of the house has already been paid.

It is these reasons that explain the popularity of the deposit as a measure to secure a subsequent purchase and sale transaction.

Correct execution of the deposit is always carried out in writing; only in this case will it be possible to protect your rights. It is also mandatory to provide a written receipt of receipt of money paid as a deposit.

It is the written form, in compliance with all the main provisions of the deposit agreement, that will make it possible to secure the future transaction as much as possible and bring it to completion on the original terms.

Mandatory rules

When making a deposit, it is recommended to follow some mandatory rules that will allow you to complete the transaction:

An oral agreement does not provide any guarantees.
If the deposit is made receipt, then it must include:
the exact reason for the transfer of money;
address of the house for sale;
total selling price;
expected date of conclusion of the investigation.
Since it is quite difficult to formalize all this in a regular receipt, it is recommended to formalize the payment of the deposit using an agreement in the established form.

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The contract is signed by all parties; sometimes it is practiced that each page of the contract is signed by all parties to the transaction in order to exclude the possibility of substitution of pages.
The amount must be written down both in words and in numbers, and it is advisable to adhere to this rule in all cases when money is involved.
In the document, the owner must represent the person receiving the funds. If the owner is not indicated, then his rights must be confirmed by a power of attorney to carry out such actions.

Since the deposit agreement does not give rise to rights, but only records the intentions of the parties, it does not need to be notarized or registered.

Comments on the document “Sample form of deposit agreement”

Reply 0

Natalya Pavlovna

07/31/2014 at 07:52:15

complete garbage deposit agreement is an agreement for an advance payment for a transaction the deal did not take place return the advance payment any court will force you to return the deposit such a concept does not exist as a deposit only if these are not legal entities and the damage from non-completion is proven and how to force the buyer or seller to give a double deposit complete garbage purchase transaction property sales

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Contract-Yurist.Ru

Status: Legal company

rating 460

08/05/2014 at 22:02:12 reply to Natalya Pavlovna

This website contains samples of documents that have undergone legal review. You should not leave comments that are not substantiated and are not based on the law.

“a deposit agreement is an advance agreement”

If you carefully study the current legislation of the Russian Federation, you will see the differences between a deposit and an advance (from a legal point of view, they are significant) and this is by no means the same thing.

“the deal did not take place, return the advance; any court will force you to return the deposit”

You are not right. The advance can be returned, and if an agreement on a deposit is concluded and, due to the fault of the party that gave the deposit, the purchase and sale agreement was never concluded, then the deposit remains with the seller (clause 2 of Article 381 of the Civil Code of the Russian Federation). And since all our judges have a legal education and know such basic things, not a single court will oblige the return of the deposit if the buyer himself is to blame for the fact that the transaction did not take place.

“such a concept does not exist as a deposit only if these are not legal entities and damage from non-completion is proven”

So that you have no doubt that such a concept as a “deposit” exists in the law, pay attention to clause 1 of Art. 380 of the Civil Code of the Russian Federation (it specifies the concept of a deposit). For your information, the Civil Code of the Russian Federation applies not only to legal entities, but also to individuals, therefore, an agreement on a deposit can also be concluded between individuals. And for damage caused by failure to complete a transaction, if we speak legally correctly, then losses, the party responsible for failure to fulfill the transaction is obliged to compensate for losses, offset by the amount of the deposit, unless otherwise specified in the contract (clause 2 of Article 381 of the Civil Code of the Russian Federation).

“how to force the buyer or seller to give double deposit”

According to paragraph 2 of Art. 381 of the Civil Code of the Russian Federation, only the seller is obliged to return the deposit in double amount if, through his fault, the transaction does not take place. You can force this to be done by filing a lawsuit in court and enforcing the court decision through the bailiff service.

Article 380. Concept of deposit. Deposit agreement form

1. A deposit is recognized as a sum of money given by one of the contracting parties against the payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution.

2. The agreement on the deposit, regardless of the amount of the deposit, must be made in writing.

3. In case of doubt as to whether the amount paid towards payments due from the party under the contract is a deposit, in particular due to non-compliance with the rule established by paragraph 2 of this article, this amount is considered paid as an advance unless proven otherwise.

Article 381. Consequences of termination and failure to fulfill an obligation secured by a deposit

1. If an obligation is terminated before the start of its execution by agreement of the parties or due to the impossibility of fulfillment (Article 416), the deposit must be returned.

2. If the party that gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit.

In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract.

Therefore, Natalya Pavlovna, before giving such assessments to this or that document, study the legislator’s point of view on this issue.

Reply 0

Yelliena

11/28/2014 at 01:55:40 pm reply to Dogovor-Yurist.Ru

Completely illiterate argumentation Dogovor-Yurist.ru! You cite articles of the Civil Code, but you don’t understand their essence. - I look at the book - I see a fig.

According to paragraph 1 of Article 380 of the Code, a deposit is recognized as a sum of money given by one of the contracting parties against payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution. While the main agreement has not been concluded (I hope you don’t need to tell you about the conclusion of the apartment purchase and sale agreement), there are no monetary obligations of the parties to each other so that they can be secured.

Consequently, it is impossible to use a deposit as security for the fulfillment of obligations under a non-existent contract, and it is also impossible to apply the consequences provided for in paragraph 2 of Article 381 of the Code to the relations arising from it. Therefore, in the event of a dispute, it will be quite legitimate to demand the return of the so-called deposit, but in fact - an advance payment, or worse - simply the use of someone else's money - and the payment of interest.

Reply 0

Tatyana Viktorovna

01/19/2015 at 16:16:06

Point 4 - Must be double the amount? The Seller must return the money to the Buyer.

Reply 0

1 1	03/17/2015 at 03:02:44 Articles of the Civil Code of the Russian Federation are not indicated!!!

Reply 0

Nikolai

05.10.2016 at 13:40:23

Thank you, it turned out to be useful

Reply 0

Victoria

01/12/2017 at 10:57:31

excellent contract, exactly what I needed, thank you very much.

Reply 0

Alexander

04/06/2017 at 16:11:44

Yes, a good option, not overloaded and understandable

Reply 0

Natalia

05/05/2017 at 16:11:25

Hello! The form helped a lot. Thank you.

Reply 0

Catherine

05/27/2017 at 00:17:03

Thank you, the form was useful.

Personal message | Reply 0

Olga

Status: Client

09/08/2017 at 23:54:32

Download the document “Sample form of deposit agreement”

This document of yours is complete nonsense. 1. The Buyer gives the Seller a sum of money in the amount of: _______________________

_________________________________________________________________________

against what is due from him under the upcoming purchase and sale agreement

so here it is: a similar situation, only instead of issuing the word pays. The fact that the money was not just issued, but received by the seller, is not specified in the agreement. Our seller simply refused to receive the money. Like, there is no receipt. Which is not needed in

by virtue of Article 308 of the Civil Code of the Russian Federation. The trial has been postponed to September 20. What decision will the judge give? Today I saw a lawyer free of charge (from you). He said that we would not prove that the money was transferred, since there was NO clause in the agreement about “ACCEPTANCE BY THE SELLER OF THE DEPOSIT AMOUNT”. And how can we now prove that the text of the agreement “the buyer pays 100,000 rubles to the seller .....” is the fact of transfer and acceptance. deposit (advance). 899061713372 Volgograd. please answer if you can give me any advice. Just don’t talk about the need for a receipt, it’s not needed in relation to this. Article 308 of the Civil Code of the Russian Federation. this is my mail. so I advise you to add “accepted” to your document

Reply 0

Nikolai

12/20/2017 at 14:13:05

Thank you, useful site.

Reply 0

Vladimir

12/20/2017 at 15:13:23

Everything that teaches me is useful... Thank you for studying...

Reply 0

Oksana

02/21/2018 at 10:24:08

I liked it very much

Reply 0

Anna

04/08/2018 at 20:55:43

helped a lot when preparing a deposit for real estate

Reply 0

Novel

09/04/2018 at 18:09:38

great very awesome

Reply 0

Olya	10/14/2018 at 18:43:43 great, just what you need

Reply 0

Nikolai

05/27/2019 at 04:55:23

Thank you, clear and concise.

Reply 0

Alexander

06/15/2019 at 19:57:45

Hello! The form helped a lot. Thank you.

Reply 0

NN	08/19/2019 at 01:46:08 EVERYTHING IS GOOD, EVERYTHING IS CLEAR,

Reply 0

Larisa

09/14/2019 at 10:05:17

Thank you, the document is very useful.

Reply 0

VASYA PUpktn

10/18/2019 at 17:10:49

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Reply 0

Alexei

01/02/2020 at 10:15:51

It’s difficult to write in more crooked language.

Reply 0

Alexander

02/06/2020 at 18:33:35

thank you, in simple terms

Reply 0

Jean

05/25/2020 at 07:08:04

Thank you for the concise and good document!

Reply 0

Basil

07/15/2020 at 18:44:11

Useful sample document, thank you

Reply 0

Lazy person

07/23/2020 at 11:53:09

One of the few sane samples

Reply 0

Roman Shilov

09/07/2020 at 12:04:29

I found what I was looking for. Quite fast and efficient. Thank you very much to the site developers!!!

Reply 0

Artem

09/10/2020 at 16:49:17

super deposit agreement

Reply 0

Alexander

02/01/2021 at 20:12:23

Short and clear. Thank you

Reply 0

Vladimir

02/09/2021 at 07:50:50

should fit thanks

Deposit agreement

City of Moscow, Russian Federation Thirteenth of August two thousand and fifteen

We, KHMUROV YURY STANISLAVOVICH, born September 19, 1970, passport 77 13 No. 875648, issued by the Department of Internal Affairs of the Leninsky district of the city. Moscow 10.10.2006, residence: city. Moscow, st. Belaya, house No. 2, apt. 9, hereinafter referred to as the SELLER, and MYAKISH GALINA VIKTOROVNA, born 08/18/1961, passport 7847 No. 789546, issued by the city police department. Moscow 10.10.2005, residence: city. Moscow, st. Belaya, house No. 2, apt. 10, hereinafter referred to as the BUYER, have entered into this agreement as follows:

The BUYER transfers, and the SELLER receives, a deposit in the amount of 52,000 (fifty two thousand) rubles, which is equivalent to 1,000 (one thousand) US dollars, at the exchange rate to the ruble agreed upon by the parties on the day of settlement, for the apartment being sold, located at the address: city. Moscow, st. Belaya, house no. 2, apt. 9. The remaining amount in the amount of 552,000 (five hundred fifty-two thousand) rubles, which is equivalent to 11,000 (eleven thousand) US dollars at the exchange rate to the ruble agreed upon on the day of settlement, THE BUYER OBLIGES TO TRANSFER to the seller upon signing the purchase and sale agreement.
The cost of the property being sold is determined at 584,000 (five hundred eighty-four thousand) rubles, which is equivalent to 12,000 (twelve thousand) US dollars at the ruble exchange rate agreed on the day of settlement, and is final.
The above real estate belongs to the SELLER on the basis of the Certificate of State Registration of Rights series 77-AA 222222, issued by the Office of the Federal Registration Service for the Moscow Territory on November 11, 2007, an extract from the Unified State Register of Rights to Real Estate and Transactions with It, issued by the Office of the Federal Registration Service in the Moscow region on November 11, 2007 under No. 11/177/2007-777. The SELLER is responsible for the authenticity of the documents submitted for the property being sold at the time of concluding the purchase and sale agreement.
The BUYER is familiar with and agrees with the technical condition of the property being sold.
The deadline for signing the purchase and sale agreement is until the FIRST of September two thousand and fifteen.
The costs of drawing up the deposit agreement and concluding the purchase and sale agreement are paid by the BUYER.
Conditions of the deposit (Articles 380, 381 of the Civil Code of the Russian Federation): if the SELLER refuses to sign the purchase and sale agreement after receiving the deposit, the latter undertakes to return the deposit to the BUYER in double amount. If the BUYER refuses to sign the purchase and sale agreement, the deposit remains with the SELLER.
This deposit agreement is drawn up and signed by the parties in two copies, one for each of the parties.

SIGNATURES: _______________________ _______________________

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Sample contract for making a deposit when purchasing real estate

When downloading the deposit form, you must make sure that it correctly reflects the following information:

Date and city of registration.
Details of the parties (seller and buyer) – full name, date and place of birth, registration address and passport data.
Information about making a deposit in the agreed amount (it is indicated in numbers and then in words).
Information about the contract price for the apartment (in numbers and words).
The exact address of the property's location.
Main characteristics (total area, number of rooms and other technical parameters).
Payment method - cash or non-cash, as well as currency.
Payment procedure (time, terms of transfer, details for enrollment).
Rights and obligations.
Methods for resolving disputes and actions in case of failure to fulfill the contract (who receives or leaves a deposit, in what amount).
Resolving situations in the event of force majeure, unforeseen circumstances (this often includes cases of unintentional or deliberate damage to property, destruction of housing by fire, etc.)
The moment of commencement of the contract (the wording “from the moment of signing” is often used).
The period of validity of the document and the likelihood of extension (whether extension of the contract is allowed).
The time allotted for concluding the main agreement for the transaction - the deed of purchase for housing (since sometimes the parties like to delay the conclusion of the main agreement, it is recommended to reflect the exact date by which date the transaction should be concluded).

: Agreement on deposit (sample) (31.5 KiB, 187 hits)

When drawing up a deposit agreement according to the sample, do not forget to indicate the number of originals to be signed (according to the number of all participants in the transaction). At the bottom, all participants in the transaction are listed, who then sign and decipher the signature.

The difference between a deposit and an advance

It is necessary to clearly distinguish between the concepts of “Deposit” and “Advance”. Please note that the current legislation of the Russian Federation does not define the concept of “Advance”. In addition, there are no rules establishing requirements for advance agreements. Moreover, the advance occurs within the framework of the main contract.

Please note! The main difference between an advance and a deposit is that an advance does not guarantee that the parties will fulfill their obligations under the contract, but simply performs a payment function. In the event of termination of the agreement under which the advance was made, the party that paid the advance has the right to demand the return of the funds paid as an advance. In this case, the advance is returned in the amount in which it was received.

Note that a party who refuses to return an advance received may be held liable, since this action is interpreted as unjust enrichment.

Based on the above, an advance represents funds transferred by the buyer to the seller for future payments, which means that the advance does not perform a security function. In case of cancellation of the transaction, the advance is subject to unconditional return.

Transfer of deposit

The deposit agreement is concluded only after the buyer or his representative ensures that the documentation is clean and inspects the property for sale. As a rule, the direct transfer of money occurs after signing the contract.

The amount must be carefully recalculated on the spot. It is better if there are witnesses present. Considering the cost of apartments, any deposit, even a minimal one, represents a considerable amount of money. The amount of the deposit is established by the parties. This can be a fixed amount (for example, $2,000) or a certain percentage (for example, 10% of the cost).

When transferring money, it is recommended to additionally sign a receipt. This document must be handwritten and prepared by the buyer. The seller simply puts and decrypts the signature.

The receipt includes the following items:

where and when the document was drawn up;
identifying data of the parties to the transaction, including passport information, place of nominal and real residence;
specifying what exactly the money being transferred is - that is, what exactly is taking place: a deposit or an advance agreement when purchasing an apartment;
amount in digital and alphabetic writing;
signatures of the parties with transcripts.

This is not mandatory, but a desirable document that will serve as full-fledged evidence in case of litigation. The receipt is kept by the party who transferred the money.

What should the parties do after paying the deposit?

Since the deposit agreement between the parties is only a preliminary part of the purchase and sale of an apartment - after the transfer / receipt of money, the seller and buyer:

sign the main agreement within the previously established period;
transfer/receive the remaining amount;
apply to the registration authorities to re-register ownership of the apartment.

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The legality of the concluded transaction can be confirmed at any time by either party - with copies of the receipt, the deposit agreement and the main agreement.

Necessary documents for drawing up a contract

To draw up an agreement on the payment of a deposit when purchasing a plot of land with real estate located on this plot, the following documentation will be required:

identification documents of the buyer and seller;
title documents for the land plot;
cadastral passport of the land plot;
title documents for real estate objects built on the territory of the land plot.

In addition to the above documentation, various certificates, extracts and other documentation may be required regarding both the land plot and residential real estate built on the territory of this plot.

Important! In the absence of title documents, the seller will need to prove ownership of the land plot and real estate built on this site and document this right. Only after this the transaction for the purchase and sale of the site and the real estate located on it will become possible.

Sample power of attorney for the sale of a house with land.

How to combine land plots into one, read here.

Is it necessary to join SNT if you own the land? Read the link: