Sample deposit agreement for the purchase of a house with land

Free legal consultation over the Internet 24 hoursLawyer on housing issues in St. Petersburg. Free legal consultation on labor disputes.
5/5 (2)

How to draw up a deposit agreement when buying a house with land

The deposit payment agreement should be drawn up as simply as possible and not include unnecessary information in the text. The excessive complexity of this contract may cause the parties to become confused and not fully understand the obligations assumed under the contract.

Attention! The following information must be included in the deposit payment agreement:

date and place of conclusion of the contract, as well as the name of this documentation;
data of a citizen selling a land plot with residential real estate located on this plot;
data of a citizen who has expressed a desire to purchase a land plot along with residential real estate;
description and technical characteristics of the land plot;
description and technical characteristics of real estate located on this land plot;
the cost of the land plot and real estate at which they will be sold;
the amount paid as a deposit;
the validity period of the agreement on payment of the deposit, as well as the period within which purchase and sale agreements for the land plot and real estate located on this site must be concluded, and the deadline for making final payments under these purchase and sale agreements.

In addition, in the text of the agreement it is necessary to make references to the norms of the current legislation of the Russian Federation governing the relations of the parties within the framework of this agreement.

The agreement on the payment of the deposit is drawn up in simple written form, sealed with the handwritten signatures of both parties and is not subject to mandatory registration with the notary authorities.

ATTENTION! Look at the completed sample deposit agreement when purchasing a house with land:

How does a deposit agreement differ from a regular land purchase and sale agreement?

The land purchase and sale agreement is a full-fledged document, after signing which can be registered (provided that all attachments are available), while the deposit agreement is intermediate, secondary, confirming only the transfer of part of the money, and is an annex to the preliminary purchase and sale agreement.
It is impossible to obtain ownership of a land plot under a deposit agreement; you do not need to register it anywhere; you can only have it notarized to be on the safe side. Legislatively, the concept of a deposit is regulated by Articles 380, 381 of the Civil Code of the Russian Federation.

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:

Receipt requirements

It is recommended to write the receipt with a standard ballpoint pen with blue ink. The presence of witnesses is not mandatory, but is not excluded either.

To simplify the procedure for forming the form and prevent other difficult issues, it is better to prepare a sample of it in advance.

Legal significance occurs when the following conditions are met:

the formulation and writing of the receipt takes place directly in the presence of the notary and all participants in the transaction and is certified by him after checking the information provided;
the full name, surname, patronymic of the owner of the property, and similar information about the buyer or company are indicated, passport data of citizens of the Russian Federation is entered;
The amount of money planned to be paid for the deposit in the receipt is selected arbitrarily, usually 10% of the cost of the apartment. When preparing documents for a house, the amount is written in a fixed number of digits and deciphered in words in brackets;
deadlines for fulfilling obligations are specified;
full technical data from official sources on ownership of a residential building or apartment, or land plot is indicated;
day, date and year of the transaction;
signatures of the participating parties.

The seller not only can, but must also confirm the fact in writing that he received and accepted the funds in rubles as an advance payment for the property. The buyer confirms the terms of the transaction with a signature. Additionally, witnesses are given the right to sign if their passport details are included in the document.

Sample (form) of receipt for receiving a deposit for a house and land

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.

How to properly apply for a deposit in 2021

Transfer of the amount under the preliminary agreement occurs only with the preparation of a written document and its signing by both parties.

Let's clarify a few more points:

It is imperative to review the documents of the owner of the apartment in advance, whether there is one owner or several. If there are several, then everyone must be present at the signing of the contract or agreement. Minor children who have a share in real estate are no exception. Parents or guardians sign for them.
It is recommended to draw up the deposit in the presence of a notary with the involvement of several witnesses. They must not be related to either party. These could be colleagues, friends, etc.
The preliminary agreement must indicate the full cost of the residential property and indicate the amount of the deposit. In this case, it is necessary to state that it will be taken into account in the final calculation.

The agreement is drawn up in two copies, one for each party.

Is the deposit refunded?

Funds paid as a deposit are subject to return in cases where the obligation for which the deposit was the security was terminated before the actual performance began, if the parties reached an agreement to terminate the fulfillment of the obligation, and also if the fulfillment of this obligation became impossible for reasons beyond the control from the sides.

If the buyer does not fulfill his obligations, then the funds transferred as a deposit are not returned and remain with the seller. If the seller does not fulfill his obligations, then the funds received as a deposit are returned to the buyer in double amount.

How does the purchase and sale process take place?

Depending on what part of the land plot is subject to purchase and sale, an algorithm for the transaction, preparation of documentation and a civil law agreement certifying the transaction is built.

Only at home

If the land is registered as a property, it is required to divide the plot into two parts, one of which will act as a local area, and the second will remain as an allotment for the owner and will be used for its intended purpose.

The division of land is carried out by land surveying. This requires the following:

Approach a surveying company.
Write an application for reorganization of the storage facility.
Determine the minimum acceptable size of area for the local area.

The cadastral engineer, after carrying out geodetic work, will issue a survey document for two newly formed areas, on the basis of which the following will be required:

remove the previous account from the registration register;
register two newly formed plots.

After receiving a package of documentation from Rosreestr for plots with a house and without a house, you can begin to formalize the transaction. Mandatory - upon presentation of the passports of the parties. If representatives act - upon presentation of notarized powers of attorney. In addition, you will need to collect documentation for the house:

The title document for the house and surrounding area, if the land plot is owned.
Cadastral passport for the house and land plot.
Land plan indicating the boundaries of the local area.
Certificate of ownership of the house and land plot or extract from the Unified State Register of Real Estate.
Cadastral certificate confirming the absence of encumbrances in the form of arrest or pledge.
Technical passport of the house (from BTI).
An extract from the house register about the persons registered in the house.
Receipts for payment of taxes and utilities.

If the house was purchased during marriage, a notarized consent of the spouse will be required, and if owned jointly, the consent of the co-owners will be required.

Important: If the house was inherited or received as a gift, permission from your spouse is not required.

After drawing up the deed of sale, you need to register the transaction in Rosreestr. The following documents are required to be submitted here:

passports of the parties;
application for registration;
purchase and sale agreement for land plot in three copies;
title documents for the house and land plot;
certificate of ownership of the house and land plot or extract from the Unified State Register of Real Estate;
technical passport of the house;
receipt for payment of state duty.

Registration services are completed within 10 days if the parties to the transaction applied simultaneously, and 21 days if they approached separately. The cost of the fee is 2 thousand rubles. Upon completion of registration, the transaction is considered completed in full, information about which is entered into the State Cadastre.

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.

How can I get my money back?

As noted above, if the contract is terminated by agreement of the parties, as well as if the obligations under the contract cannot be fulfilled for reasons beyond the control of the parties, the funds received as a deposit must be returned. But if there are no compelling reasons for terminating the contract, the deposit can be returned based on the results of the trial.

There are cases when the initiator of termination of the contract is the buyer. For example, during the process of completing the transaction, it became clear that the real estate object being sold was not legally clear. In this case, the buyer will need to apply to the courts with a demand to oblige the seller to return the deposit.

In this case, the buyer bases his requirements on the provisions of Article 451 of the Civil Code of the Russian Federation. This article establishes rules that allow termination of a contract if circumstances are identified that are unknown or hidden at the time of concluding the contract and that could significantly influence the parties’ decision to enter into a transaction.

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.

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.

Statement of claim to court

By following certain recommendations for drawing up a statement of claim, a citizen will be able to avoid many problems.

Before you begin to draw up a statement of claim, you need to figure out which court this claim should be sent to. Based on the established rules, the statement of claim should be filed with the court at the location of the defendant.

If the amount of the claim, and therefore the price of the claim, is less than 50,000 rubles, the statement of claim is submitted to the magistrate’s court. In all other cases - to a court of general jurisdiction.

The current legislation of the Russian Federation has established certain requirements for the form and content of the statement of claim:

a cap. This section is written in the upper right part of the sheet and contains information about the court to which the claim is sent, as well as about the plaintiff and defendant. The cost of the claim is also indicated here;
motivational part. In this section of the claim, the citizen sets out the circumstances under which the legal rights and interests were violated, and indicates the norms of the current legislation that were violated. Evidence of violations is also provided here;
the pleading part. In this section, the citizen sets out the requirements the satisfaction of which he seeks;
list of attached documentation;
the statement of claim is sealed with the citizen’s handwritten signature indicating the date of signing.

Before filing a claim, a citizen must pay a state fee.

ATTENTION! Look at the completed sample of a standard claim to the court:

Attention! The state fee is:

if the value of the claim is up to 20,000 rubles - 4% of the cost of the claim, but not less than 400 rubles;
if the cost of the claim is from 20,001 to 100,000 rubles - 800 rubles and 3% of the amount exceeding 20,000 rubles;
if the cost of the claim is from 100,001 to 200,000 rubles - 3,200 rubles and 2% of the amount exceeding 100,000 rubles;
if the value of the claim is from 200,001 to 1,000,000 rubles - 5,200 rubles and 1% of the amount exceeding 200,000 rubles;
if the value of the claim is over 1,000,000 rubles – 13,200 rubles and 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Filing an application to a judicial authority

There are several ways to file a claim:

by mail. In this case, the statement of claim is sent by registered mail with a list of attachments and acknowledgment of receipt. The advantage of this method is that the citizen does not need to personally appear in court and submit documentation. However, there is also a drawback. If the claim is rejected or left without consideration, the citizen learns about it quite late;
personally come to the court office and submit a statement of claim along with the attached documentation. In this case, the citizen should ask the court employee accepting the statement of claim to make a note indicating receipt of the claim on a copy that remains with the citizen. The main advantage of this method is efficiency.