Document year: 2019
Document group: Automobile agreements, Sales and purchase agreements, Real estate agreements, Other agreements
Type of document: Agreement
Download formats: DOC, PDF
A deposit agreement for the purchase of real estate is a document that confirms the transfer of money before the transaction is concluded, and also determines the responsibility of both parties.
We invite you to consider in detail the correctness of the deposit.
How is the deposit transferred?
First, agree with the other party in what form you are willing to accept the money: in cash or by transfer (indicate “Deposit for” in the purpose). In any case, the fact of transfer is documented in writing; a receipt will be required for this. Some points when transferring the deposit:
- the party accepting the deposit writes the receipt manually with a simple ballpoint pen;
- funds are given only after signing the paper;
- It would not be a bad idea to involve independent witnesses (they will be present when drawing up the receipt and transferring the money; relatives will not come up).
For your information! Money can be left in a safe deposit box.
What is indicated in the receipt:
- information about both parties;
- the total expression of the deposit (how much money is transferred in numerical value and in words);
- indicates the number of the contract under which the property will be purchased;
- A brief description of the acquired property is given.
The receipt is sealed with a signature.
Legal Features
Without drawing up a deposit agreement, it is strictly forbidden to transfer money to the seller. Without this document, according to the law, there is no payment itself.
The seller must have original documents. The presence of only copies should alert the buyer, because they are easy to fake. Even certified copies should not be trusted. Unfortunately, cases of collusion are common in the real estate market, so ask for originals.
To minimize financial risks, keep in mind that:
- the buyer has the right to legally demand all title papers;
- if the seller is married, it is necessary to make sure that the plot is not joint property or has the written consent of the spouse.
It is not recommended to sign an agreement based only on photographs of the site. Be sure to check it out.
What to look for during inspection?
- Presence/absence of buildings. If there are buildings on the site, remember their number.
- Characteristics of structures. Are these buildings residential or not, what material are they made of, what is their size.
- Presence/absence of trees and shrubs.
- Maintaining the correct location of buildings from the boundaries of the site and trees.
All this information will be needed to compare the documents with what is actually on the site. For example, if on the territory of the allotment there are buildings that do not exist in technical terms, the new owner may subsequently have problems, since such buildings are considered unauthorized, that is, illegal.
Please also take into account that it is impossible to buy a plot of land with maternity capital if there are no residential buildings or a residential building under construction on the land.
Deposit and advance: what are the differences?
If the transfer of money is not documented, it will no longer be a deposit, but a regular advance. Such a payment is not regulated in any way by law. If the deal falls through (no matter whose fault), the advance is simply returned to the owner. The table clearly shows the main differences between a deposit and an advance payment.
| Advance payment | Deposit |
| Not documented | A standard deposit agreement is drawn up (a sample can be downloaded on the Internet). |
| Immediately counted towards payment for the purchase of property, but does not guarantee the purchase itself | Counted into the price of the property. |
| In any case, it is returned to the buyer if the deal fails. | Remains with the seller in full if the transaction is terminated due to the fault of the buyer. If the transaction is terminated due to the fault of the seller, the deposit is returned to the buyer in double amount. |
Important! In order for the payment to move from an advance payment to the category of an earnest money deposit, the parties enter into written agreements (deposit and preliminary purchase and sale agreement). Moreover, one agreement without the other is impossible - the Laws in such cases do not apply to them, and the transferred funds will be counted as a simple advance.
Information for the document
The concept of an advance is not officially defined in current legislation, however, according to paragraph 3 of Art.
380 of the Civil Code of the Russian Federation, an advance is any amount pre-paid by the buyer towards payments due to the seller, but only if the agreement does not stipulate that this amount is a deposit. The general requirements for preliminary agreements, provided for in Art. 429 of the Civil Code of the Russian Federation.
Features of document preparation
- Completed sample order
- What is the difference between a deposit and an advance?
- Contents of the advance payment agreement for an apartment
- What to pay attention to when drawing up a contract
What is the difference between a deposit and an advance?
The main difference between an advance and a deposit lies in the consequences that occur in case of failure to fulfill the main obligation for the security for which the deposit agreement is concluded.
If the advance payment is actually an advance payment for the apartment, then the deposit is a condition for its fulfillment, that is, security - clause 1 of Art. 380 Civil Code of the Russian Federation.
If the seller of the apartment fails to fulfill his obligations to conclude the main agreement for the purchase and sale of the apartment, the buyer receives the right to demand double the amount of the deposit from the seller - Art. 381 Civil Code of the Russian Federation.
The legal norms established in relation to the deposit cannot be applied to the advance; the norms established in relation to the loan are applied to it, that is, the actual return of the prepaid amount.
Contents of the advance payment agreement for an apartment
The requirements for the advance agreement are listed in Art. 429 of the Civil Code of the Russian Federation, and are mandatory for all types of preliminary agreements.
- The advance agreement must be concluded in writing. Failure to comply with this form leads to its recognition as void - Art. 429 of the Civil Code of the Russian Federation. In addition, an agreement on a penalty not drawn up in writing entails consequences in the form of declaring it invalid - Art. 331 Civil Code of the Russian Federation.
- The advance agreement necessarily stipulates the period during which the main agreement for the purchase and sale of the apartment will be concluded.
- The subject of the contract is established, not only the location of the apartment is indicated, but also its technical characteristics.
- The amount of the advance payment made by the buyer, as well as the timing and procedure for transferring funds, are agreed upon.
- The main terms of the main agreement are agreed upon, for which an advance payment agreement is concluded.
Important! If the advance agreement does not specify the period during which the parties undertake to conclude the main agreement for the purchase and sale of an apartment, then this obligation must be fulfilled within a year from the date of conclusion of the agreement.
In order to avoid problems in the form of failure to fulfill obligations on the part of the seller, namely refusal to enter into an agreement for the purchase and sale of an apartment, it is necessary to include in the advance agreement the conditions for the accrual and payment of penalties provided for in Art. 330 - 333 Civil Code of the Russian Federation.
What to pay attention to when drawing up a contract
Before drawing up a deposit agreement, it is necessary to check the authenticity of the documents provided, both for the apartment being purchased and for the seller himself.
The contract should provide for the seller’s obligations to deregister all residents registered in the apartment he is selling. This especially applies to minor family members. If the apartment is in shared ownership with a minor, then permission from the guardianship and trusteeship authority is required for its sale.
Before drawing up the contract, it is necessary to find out whether the parties are in a marital relationship; if so, then when drawing up the main purchase and sale agreement, the spouse’s permission to buy and sell real estate will be required.
The absence of a spouse's permission to carry out a transaction with real estate that is jointly owned by them is a good reason for declaring the purchase and sale transaction invalid if it is challenged in court.
How is a deposit payment made?
The payment is documented and signed by the parties to the transaction. The Civil Code does not provide for a standard model, so you can draw up a document yourself, but be sure to indicate:
- data of the parties involved in the transaction (passport, full name);
- information about the deposit payment (its amount in numbers and in words);
- what responsibility is provided for each of those participating in the transaction;
- brief information about the agreement under which the deposit payment is transferred.
The earnest money agreement can be drawn up as an appendix to the contract, and the fact that the seller has accepted the money - a written receipt - can also be attached there.
Is one receipt enough?
The receipt only confirms the fact of transfer of money, but does not provide any legal guarantees to either party. To secure a transaction, such a document is also not enough.
Features of signing
The documents are signed by all parties to the transaction. Therefore, absolutely all property owners are taken into account. They also act as sellers under a contract. The interests of children under 18 years of age are represented by legal representatives.
By the way, the deposit amount is divided in equal parts between all property owners. For example, with a deposit payment of two hundred thousand rubles, four owners will receive fifty thousand each.
Comments on the document “Sample form of deposit agreement”
Reply 0
| 1 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 |
Personal message | Reply 0
| 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. |
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| 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. |
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| 1 1 | 03/17/2015 at 03:02:44 Articles of the Civil Code of the Russian Federation are not indicated!!! |
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| 5 Nikolai | 05.10.2016 at 13:40:23 Thank you, it turned out to be useful |
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| Victoria | 01/12/2017 at 10:57:31 excellent contract, exactly what I needed, thank you very much. |
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| Alexander | 04/06/2017 at 16:11:44 Yes, a good option, not overloaded and understandable |
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| 5 Natalia | 05/05/2017 at 16:11:25 Hello! The form helped a lot. Thank you. |
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| 5 Catherine | 05/27/2017 at 00:17:03 Thank you, the form was useful. |
Personal message | Reply 0
| 1 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 |
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| 4 Nikolai | 12/20/2017 at 14:13:05 Thank you, useful site. |
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| Vladimir | 12/20/2017 at 15:13:23 Everything that teaches me is useful... Thank you for studying... |
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| Oksana | 02/21/2018 at 10:24:08 I liked it very much |
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| 5 Anna | 04/08/2018 at 20:55:43 helped a lot when preparing a deposit for real estate |
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| 5 Novel | 09/04/2018 at 18:09:38 great very awesome |
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| Olya | 10/14/2018 at 18:43:43 great, just what you need |
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| 5 Nikolai | 05/27/2019 at 04:55:23 Thank you, clear and concise. |
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| Alexander | 06/15/2019 at 19:57:45 Hello! The form helped a lot. Thank you. |
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| NN | 08/19/2019 at 01:46:08 EVERYTHING IS GOOD, EVERYTHING IS CLEAR, |
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| 5 Larisa | 09/14/2019 at 10:05:17 Thank you, the document is very useful. |
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| VASYA PUpktn | 10/18/2019 at 17:10:49 orfpovyraorvyloalvyodalfyadofzhd |
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| 1 Alexei | 01/02/2020 at 10:15:51 It’s difficult to write in more crooked language. |
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| Alexander | 02/06/2020 at 18:33:35 thank you, in simple terms |
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| 5 Jean | 05/25/2020 at 07:08:04 Thank you for the concise and good document! |
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| 5 Basil | 07/15/2020 at 18:44:11 Useful sample document, thank you |
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| 5 Lazy person | 07/23/2020 at 11:53:09 One of the few sane samples |
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| 5 Artem | 09/10/2020 at 16:49:17 super deposit agreement |
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| 5 Alexander | 02/01/2021 at 20:12:23 Short and clear. Thank you |
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| Vladimir | 02/09/2021 at 07:50:50 should fit thanks |
What payment amount will be optimal?
The final payment amount is not regulated by Russian legislation, so in fact it can be anything: at least 100 rubles, at least one million. The amount is negotiated and fixed by agreement.
In any case, the payment will be counted towards the main cost of the property.
Eg! If the property costs 3,120,225 rubles. and a deposit of 100,000 rubles has been made on it, then after the conclusion of the main contract the buyer will have to pay an additional 3,020,225 rubles.
The amount of the deposit can be calculated from the main price as a percentage. For an apartment this value fluctuates at 5-10%. In fact, it is not beneficial for anyone to make a large amount of the deposit payment, because if the deal is terminated due to their fault, the same amount (at a minimum) will have to be returned.
About the deposit when buying a house
The procedure for concluding an agreement on the payment of a deposit and the payment itself is regulated by the rules contained in Articles 380 and 381 of the Civil Code of the Russian Federation. Based on the norms enshrined in the above articles, the deposit is a sum of money transferred from the person who planned to purchase the property being sold to the seller of this object.
The deposit serves as a guarantee that the buyer will not abandon his intentions to purchase. Please note that the amount of the deposit is included in the total amount of the purchase and sale transaction. Thus, upon final settlement, the buyer pays the seller cash minus the previously provided deposit.
The funds specified as a deposit are transferred from the buyer to the seller after the conclusion of an agreement on the payment of the deposit. When drawing up an agreement on the payment of a deposit, you must follow the established rules. This will protect the interests of both parties to this transaction.
The current legislation of the Russian Federation does not establish requirements for the amount of the deposit. However, an analysis of practice shows that most often the amount of the deposit is 10% of the amount of the upcoming transaction.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
What happens after termination of the contract
Termination of a transaction occurs in four cases:
- the seller is to blame: he did not prepare the paperwork on time, found an option to sell at a higher price, or changed his mind about selling the property altogether;
- the buyer is to blame: he found a cheaper apartment, changed his mind about buying, did not have time to find the required amount;
- it doesn’t matter who is ultimately to blame, the parties change their minds about entering into a deal by agreement;
- An unforeseen event occurred that made the transaction impossible.
Depending on who and what caused the termination of the agreements, the amount of money returned, as well as compensation for additional costs, depends.
Let's take a closer look at termination of the contract by agreement of the parties and the possibility of returning the deposit.
When is the deposit returned to the buyer?
Money is returned:
- double the amount if the seller is at fault and the transaction does not take place;
- to the same extent if the transaction did not go through due to the fault of the buyer or force majeure;
- in the same amount if the parties decide not to carry out the transaction.
In addition, if the contract is not fulfilled on time due to the fault of the seller, the second party has the right to demand compensation for various types of damage, as well as legal costs.
What should be in the deposit agreement?
The more specific conditions you write down, the better. First of all, the document must contain personal information: yours and the owner’s. If there are multiple owners, mention them all. In addition, write down detailed information about the apartment, as well as a list of documents that will be needed for the transaction. The contract must include the amount of the advance payment and for how long you are paying it. And also how the deposit can be returned. Be sure to specify the rights and obligations of the parties, as well as their actions at the time of making the prepayment. For example, the buyer may be selling his property, and the seller will complete the paperwork. In addition, indicate in the contract at what time the old owners must move out and check out. And also, if there are any reasons that may interfere with the transaction, they should also be mentioned. The same applies if the property is under mortgage. And the last thing is the place, time of the transaction and who will bear the costs of its execution.
What must be specified in the initial agreement for the purchase of property
The form of the initial contract is also not regulated by the Civil Code or other legal acts. All that is important is documentation, signing and mandatory indication of the following points:
- information about the entities involved in the transaction (names, surnames and data from the passport are indicated);
- date of preparation of the document;
- brief description of the object of purchase of the contract. If this is an apartment, then the address, number of rooms, set price, etc. are written down;
- until what date the main agreement will be signed (if necessary, the date can be delayed by an additional agreement);
- what amount of money was paid as a deposit payment;
- in what order the buyer will pay the remaining part of the price;
- what to do in the event of force majeure situations.
At the end, the signature of all participants is affixed manually.
How does a deposit differ from an advance?
Advance and deposit are legally different concepts, although many people confuse them. An advance payment is an advance payment for the purchased real estate property. It cannot serve as a guarantee of fulfillment of obligations.
A deposit is a form of securing obligations and fulfilling agreements reached. If these agreements are violated, the guilty party will lose a certain amount of money.
This will not happen in the case of an advance payment. If the transaction does not go through, it is simply returned to the buyer.
Despite this significant difference, an advance and a deposit equally serve as confirmation that the parties have agreed to conclude a transaction in the future. However, the advance represents part of the final cost, and the deposit acts as a guarantor that the buyer has serious intentions to buy the land, as well as the other party to sell.
Download documents
If you have not found the answer to your question or there are still misunderstandings, contact a lawyer for a free consultation in the chat on our website
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Features of compilation and structure
The deposit agreement must be drawn up in writing; an oral form of the transaction is not allowed.
Notarization of the document is not required, but if it involves a large sum, it is better to involve a lawyer in the transaction.
There is no approved structure or form for this document, but it usually includes the following information:
- Details of the parties. In this part, you must write the full name of the seller and buyer, their passport details (series and number), registration addresses and dates of birth.
- Subject of the agreement. The subject is a real estate object for which the amount is paid. In this case, it is necessary to describe in detail both the land plot and the house. The following information is provided for the site:
- cadastral number;
type of permitted use;
- address and location;
- square.
- Deposit size. As already noted, the parties determine its amount independently, but you should not agree on an amount that is too high - the risk of losing it is still present. The method of transfer and storage of funds (for example, using a safe deposit box) may also be indicated here.
- Responsibility of the parties. This part of the document notes that in case of violation of the agreement by the seller, he will be forced to pay the buyer the amount of the deposit in double amount , and if there is guilt on the part of the latter, the money will remain with the seller. Exceptions to this may also be noted (for example, a list of force majeure circumstances that are beyond the control of the parties).
- Deadline for concluding the main contract. The parties can also determine when exactly (or after what period) the purchase and sale agreement should be signed. This period should be enough to remove all obstacles to completing the transaction.
- At the end there is the date and place of its signing, as well as the signatures of both parties.
For a house, in addition to the last two characteristics, you also need to indicate the number of storeys. In addition, the seller notes under what rights he owns these objects and what documents confirm this.
To draw up a contract you will need a certain set of documents, namely:
- passports of the parties;
- cadastral plan (passport) of the site;
- title documents for it;
- title documents for the house.
This set of papers is minimal; depending on the specific situation, other documents may be required:
- power of attorney (if one of the parties acts on behalf of the legal representative);
- consent to the transaction from the spouse;
- certificate of absence of debts on utility bills for the house;
- consent to the transaction from other owners of the plot or house, etc.
Deposit agreements for the purchase of land with a house can be found here.
The agreement itself must be drawn up in two copies, so that after signing each party receives one document. If one of them violates the agreement on the further sale of real estate, he will be the main reason for going to court to demand compensation.
