Deposit agreement for purchasing an apartment: sample 2021

Having found the right option, you want to be sure that the seller will not walk away from the deal. In turn, the seller, who is interested in selling, is ready to secure oral agreements with guarantees. To do this, when purchasing an apartment, both parties draw up an agreement or a deposit agreement, a sample for 2021, which you will find below.

Legally, this step is not mandatory, and the seller does not have the right to demand funds from a potential buyer before the main transaction is completed. However, often it is the receipt and transfer of the deposit that imposes certain obligations on both parties and they willingly agree to this measure.

When transferring funds, you cannot rely on word of mouth and good relations that may develop during the discussion of the upcoming transaction. Only an official contract will serve as a guarantee that the buyer will not be left without an apartment and part of the money. The deposit agreement can be drawn up in regular written form, but it is better to have it notarized.

What is a deposit for the purchase of an apartment?

The deposit is part of the funds transferred by the buyer and received by the seller, as assurance that the parties to the transaction agreement are ready to fulfill its terms. The term and procedure for transferring deposit funds are established by Article 380 of the Civil Code of the Russian Federation.

It should be clarified that the amount of the deposit is taken into account when completing the main transaction for the sale of the apartment, i.e. when concluding a purchase and sale agreement, it appears in its text and the buyer transfers funds to the seller minus those previously transferred.

Fraud protection rules

Tips on how to complete transactions with the purchase and sale of apartments will help you with ways to deceive home buyers.

Documentation must be drawn up only with the participation of those buying and selling housing.
Indicate in the documents the actual cost of purchasing the apartment.
Carefully check the discharge records of previously registered residents.
Ignore negotiations regarding the speed of concluding a deal.

Transfer money to the seller when completing documentation for the purchase and sale of residential real estate in front of witnesses (friends, relatives, acquaintances).

Today, title insurance is considered an effective protection against fraud when making a transaction. And you need to insure your apartment at the time of purchasing a home.

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Transfer rules

The Civil Code requires written confirmation of the transfer of the deposit in the form of a contract or agreement, regardless of its amount. In addition to this document, it is necessary to issue a receipt confirming the fact of transfer of money. The receipt is written by hand by the seller; corrections are not permitted.

If an apartment is being sold that is jointly owned by spouses or privatized for several family members, then all owners must be present at the time of signing the preliminary contract. If the document is signed in the presence of a notary, the presence of two independent witnesses will be required.

Transferring the deposit imposes serious responsibilities on both parties, and it would be unprofitable for either of them to refuse the transaction:

if the seller changes his mind before completing the purchase and sale transaction of an apartment, he is obliged to return the amount of the deposit to the buyer in double amount ;
If the buyer changes his mind, he forfeits the deposit amount.

In this case, the buyer has the right to insist on concluding a purchase and sale agreement and transferring the apartment at the agreed price. If there is a preliminary agreement and part of the funds for housing have been transferred under it, then within 6 months he can achieve the completion of the transaction.

Writing a receipt

The text is written in your own hand on a blank piece of paper using a pen with blue or black ink. It is not recommended to use gel pens in this situation, as the document will become discolored after some time.

The document must contain the following information:

Date and place of writing.
Information about the parties to the transaction (full name, passport details).
The amount of money transferred in numerical and letter expressions.
Details of the agreement accompanying each real estate transaction.
Postal address and cadastral number of the real estate.
Signatures with detailed transcripts (no abbreviations).

Concept

A receipt is a document confirming the receipt of a certain amount by the seller from the buyer. It will be required both when transferring the advance (deposit) and during final payments.

Cases in which a receipt may be required

The receipt serves as confirmation of the transfer of money from hand to hand. When transferring funds non-cash - to the card or current account of the property owner, there is no need to register it. The main thing is that the purpose of payment contains a link to the purchase and sale agreement or an indication that this is partial or full payment for the property with an explanation of the address and/or cadastral number.

A document will be required in the following situations:

If the buyer intends to transfer part of the funds to the seller to confirm his intentions to conclude a transaction.
To receive a tax deduction for the buyer of the home, it is therefore worth notifying the seller in advance about the need to prepare the document.
If a mortgage loan is used to purchase residential real estate. At the same time, the text of the receipt indicates that the basis for the transfer of funds is the DCT. In this situation, the seller will not receive money from the credit institution without presenting the original receipt.

Legal significance of the document

If a document is drawn up in accordance with all standards, then it is recognized as legally significant. The receipt must meet the following criteria:

The text should not contain errors, corrections, blots, or ambiguous phrases.
Two copies of the document must be drawn up, each of which is certified by the signatures of the parties.
The receipt is an integral part of the agreement for the purchase and sale of living space, without having any legal significance without it. Until the seller signs the deed of transfer for the property, it is not recommended to make cash payments, even with a receipt. In the future, the seller will declare that he is not a party to the transaction, and the buyer will lose funds.
The text is written after the seller receives the money in his own hand. There is more trust in such a document. It is also not prohibited to issue a receipt on a computer. But in this case, it is more difficult to prove receipt of money in the event of disputes, since it will not be possible to conduct an examination of handwriting.

If there are errors or corrections, you should destroy the paper and create a new document. Only the original document is used; a copy of the receipt is considered void.

Svetlana Anokhina

Housing Lawyer

To minimize the risks of challenging the receipt, it is recommended that it be drawn up in the presence of witnesses. It is better for the buyer to take care of this, since he is the first interested party. The presence of witnesses when transferring funds must be reflected in the text of the document. It should also indicate the passport details of all those present.

To certify the fact of transfer of money, 2 witnesses are enough. It is necessary to choose people who are not interested in one or another outcome of the investigation. Each witness must certify the receipt with a personal signature and transcript.

Difference from advance

If the parties have agreed on a deposit, this imposes a number of responsibilities on them:

conclusion of a contract or agreement;
refund in case of cancellation of the transaction in double amount on the part of the seller and loss of the deposit amount on the part of the buyer.

Everything is easier with an advance payment. It is stipulated in the main transaction agreement, which sets the deadlines for depositing the remaining funds. If, due to some circumstances, the parties had to renegotiate the terms and abandon the transaction, then the advance amount is simply returned to the buyer. There are no consequences here.

It should be noted that the deposit is a reliable guarantee for the parties, unlike an advance payment.

Deposit

Civil Code of the Russian Federation in Art. 380 defines a deposit, which is an amount of money given by one person to another:

towards upcoming payments;
to have proof of the existence of a contractual relationship between them;
ensure compliance with the conditions written in the contract.

It also says that the agreement must be written, regardless of the size of the transferred amounts.

Note! The receipt for the deposit is not considered as an independent document. It is an annex to the written contract!

To ensure that in the future there is no doubt as to whether the money given towards future payments is a deposit, an exact indication in this regard must be made in the contract and in the receipt. Otherwise, if there is no contract, the amounts will be considered as an advance.

In Art. 381 talks about the consequences that occur in a situation when the obligations for which funds were transferred are terminated or not fulfilled.

Obligations before they begin to be fulfilled are terminated:

by mutual agreement (both the seller and the buyer decided to refuse the transaction at the same time);

due to the impossibility of fulfilling them for reasons beyond the control of any of the contracting parties (Article 416). (For example, an apartment intended for sale was damaged due to a natural disaster).

In these circumstances, the money must be returned.

If one of the parties is to blame for failure to fulfill the terms of the contract, other liability is provided:

When the buyer is at fault, the money remains with the seller. For example, the buyer was unable to obtain a loan and has nothing to pay with.
When the seller is at fault, he pays the buyer double the amount. For example, the seller found another client offering a higher price.

In addition to these amounts, the injured party can count on compensation for losses. For example, when the refusal came from the seller, and the failed buyer borrowed money at high interest rates.

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.

Under what circumstances can a deal be cancelled?

Cases of refusal by the seller to transfer the apartment to the buyer for payment:

the former owner did not leave the apartment within the specified time and did not give the keys to the new owner;
Unforeseen circumstances emerged in the form of an unexpectedly appearing heir to an apartment that had already been sold. After the successor applies to the judicial authority and if the latter makes a positive decision, the contract of purchase and sale of housing is canceled.

Due to the fault of the future owner, the transaction is canceled if he does not agree to pay for the acquisition of residential real estate.

There is also the possibility of the transaction being declared invalid. This happens due to :

violations of laws by the transaction;
incapacity or mental impairment of one of the parties involved;
drawing up a contractual agreement with the threat of violence, deception, collusion, etc.;
the sham nature of the transaction, which indicates its creation without legal influence.

Early contact with residential real estate specialists will help you avoid negative consequences.

Size

The parties independently agree on the amount of payment that will act as a deposit; it is not regulated by law. Most often this is 5-10% of the cost of the apartment.

If your intention to buy this particular home is final, you can offer a larger amount. However, not all sellers go for this option. Therefore, if the seller offers to set less than 5% of the transaction amount as a deposit, then think about whether he is sure that he is ready to sell this apartment to you. If he finds a buyer at a higher price before completing the transaction, he will not lose too much.

Receipt for deposit for car

You can confirm the fact of transfer of funds in the store with a cash receipt, power of attorney, invoice, and other documents. When purchasing a used car, the supporting document is a properly executed receipt. A receipt is written when receiving money if:

the amount is paid partially in the form of a deposit;
the transport was purchased by proxy, the documents were not reissued, the seller is a third party;
the car has not been deregistered;
the buyer asks to pay an amount in excess of that specified in the contract.

The fact of receipt and transfer of money is documented in any form indicating important information.

Approximate sample

RECEIPT

in receiving money to pay for a car

I, Petrov Ivan Sidorovich, passport (number, series, date of issue, name of the authority that issued the document, date of birth), residing at the address (actual address, registration), inn 1111111111,

received from

Sergeev Sergey Sergeevich, passport (number, series, date of issue, name of the authority that issued the document, date of birth), residing at the address (actual address, registration), inn 1111111111,

money in the amount of 370,000 (three hundred seventy thousand) rubles as payment for a car (identification number, make, model, type, color), registration certificate (series, number, issued by, date),

under the car purchase and sale agreement concluded by the parties on September 02, 2021.

I undertake to perform all actions necessary to transfer ownership of the car to the buyer within the period specified by me in the power of attorney issued in the name of the buyer.

Payment has been made in full.

Date of receipt of money and receipt: ___________ Signature:___________

Main points of the contract

You can draw up a contract or agreement on the deposit yourself. If the parties doubt that they will be able to take into account all the essential points, then they can contact a notary office.

Correct execution of the contract consists of filling out all the points in order:

date and place of document preparation;
name both parties to the transaction, indicating the addresses according to the stamp in the passport and passport data (if there are several owners, indicate all of them);
the full cost of the apartment and the amount of the deposit paid in figures and words;
information about the apartment (all data that will then be present in the main contract: postal address, living and total area, etc.). The description of the apartment must be complete, even when selling only a share in it. When selling a share, it must be indicated;
the exact date for signing the transaction agreement. This may be a specific date or conditions upon the occurrence of which the purchase and sale agreement will be concluded. Such a condition may be, for example, entering into an inheritance;
other significant points, for example, if there are debts for housing and communal services, their repayment period;
It is imperative to indicate the responsibility of the parties in case of refusal to complete the transaction. It is indicated that the seller in this case returns the deposit and an additional fine in the same amount.
signatures of the parties (all owners on the seller’s side and at least one buyer).

Additionally, you can specify other clauses that will be in the main agreement.

Legal advice

If the transaction is disrupted due to the fault of the buyer, the advance payment is not returned. This is important to understand. Therefore, when drawing up paper, it is always necessary to indicate the validity period of such an agreement. It is not necessary to indicate the shortest possible period. It’s better to make it a few days longer so that in case of force majeure the money is not wasted

In the purchase agreement, always check all the details of the seller and the object itself in relation to which such document is concluded. This is to protect the person from fraudulent attempts.

The prescribed amount, which is indicated in the contract, is entirely at the expense of the seller. It is better to transfer money in cashless form. This will confirm the fact of transfer of the deposit and the subsequent purchase of the apartment.

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Receipt for receipt of funds for the apartment

In addition to the agreement, when transferring money, the seller must draw up a receipt confirming receipt. In this case, several rules are observed:

drawn up by the seller himself with a blue ballpoint pen in the presence of the buyer;
no corrections are allowed;
information about the parties to the transfer of funds is listed;
the amount of the deposit transferred and the fact that it is a deposit and not an advance are indicated;
The date and time of transfer and receipt of money is required.

These points are very important so that there are no problems with the return of funds if the case goes to court. If there are corrections in the text, it is unlikely that you will be able to prove that they were not made after signing. If it is not indicated that this is a deposit, the amount will be considered by the court as an advance, and it will not be possible to return it in double amount.

Who writes the receipt

The text of the receipt is written by the hand of the owner of the property being sold or his attorney. In this case, the representative must have a notarized power of attorney to receive the seller’s money. The author of the receipt must meet the following criteria:

Be legally competent and of legal age.
The document can be drawn up by a child over 14 years of age with consent from parents (legal representatives) and in their presence.
Be the legal representative (parent) of a child under 14 years of age.
Act in the interests of a person who, due to illness or other disabilities, is unable to independently write a receipt. You can represent the interests of other citizens only if you have a power of attorney certified by a notary.

How to draw up a preliminary agreement for the purchase and sale of an apartment with a deposit

As we said above, the law requires mandatory written execution of a preliminary agreement with a deposit. It must be signed in several copies: one for each participant in the transaction.

For example: you buy an apartment owned by one person. In this case, you need two copies: one remains with you, the other with the seller. If there are three owners, four copies of the agreement should be drawn up: one each for the sellers and the buyer.

The deposit agreement for the purchase of an apartment - sample 2021 - must contain:

Parties' details

. Indicate information about the buyer and all property owners, if there are several. Usually they write the last name, first name and patronymic, series and number of the passport, place of registration or actual residence.

Date of conclusion

. This will help prove that the contract was concluded on a certain date in case of disputes.

Property data

. The deposit agreement includes the address of the apartment, its cadastral number, total and living area, and cost. If desired, you can provide additional information - for example, the number of an extract indicating ownership of the property.

The amount
of the deposit
. It must be indicated in numbers and deciphered in words.

Procedure for transferring money

. Indicate when and in what way the buyer will transfer the money to the seller. For example, write the bank account details or indicate that the entire amount will be transferred in cash at the time of signing the agreement.

The time during which
the transaction
. Specify the time frame within which the main purchase and sale agreement must be completed. It is advisable to indicate specific dates, for example, until October 31, 2018, and not the phrase “within a month.”

Rights and obligations of the parties

. For example, it must be indicated that the buyer is obliged to promptly pay the remaining amount under the transaction, and the seller is obliged to hand over the apartment in the condition it was during inspection.

Force majeure

. It should be indicated what can be classified as force majeure and how they will affect the terms of the contract.

Effective date

. It is usually indicated that the agreement comes into force from the moment it is signed.

Signatures

. At the end of the agreement, all parties must sign and decipher it - surname with initials.

Witnesses, notarization

If you draw up a receipt for the deposit for an apartment correctly, then, after signature, it receives sufficient legal force to act as evidence in court. This raises the question: is it necessary to involve witnesses in the procedure or contact notary offices for certification?

None of these procedures are mandatory. But if the buyer wants to play it safe, he can either attract witnesses or contact a notary.

Attracting witnesses is an option that does not require material costs and is almost always resorted to in this transaction. Although nominally the testimony of witnesses in court (if the case comes to it) does not play a decisive role, they can affect the overall course of the case and the verdict.

The following may act as witnesses when drawing up a receipt for the deposit for an apartment:

spouses/children of the parties;
realtors;
co-owners of the apartment;
other interested parties.

Certification by a notary is considered by many to be a more reliable option, but this procedure will entail material costs that will have to be covered by one of the parties to the agreement (or the amount will be divided between them).

Number of required copies

It is important not to confuse a receipt for a deposit for an apartment with a similar agreement. The latter is compiled according to the number of participants in the transaction and witnesses. Whereas the receipt, in any case, is issued in a single copy.

Only in this case can it serve as insurance for the buyer who has transferred the deposit (and, as a result, for whom the risk is higher).

It is also prohibited to make copies of the receipt and, moreover, to have them certified by a notary. No serious notary office will undertake this.

Are there any risks of transferring money against a receipt?

A receipt for the deposit for the apartment is the buyer’s main insurance at this stage. The seller does not particularly lose anything from the procedure, since if the opposite party refuses to purchase the living space before a certain date, the deposit remains with the new owner.

Therefore, there are no risks associated directly with the receipt. The only thing that the buyer must remember is that it is important to carefully read the text of the document. If it is drawn up entirely by hand and there are corrections somewhere or the information is entered in completely illegible handwriting, the buyer has the right to require the seller to write the receipt again.

Procedure before depositing money

Transferring any amount of money to a third party always involves risks. Therefore, the procedure for making a deposit for an apartment must be approached wisely.

To make sure that the seller does not evaporate along with the deposit, you must first:

Check the documents for the apartment. The owner must provide an extract from the Unified State Register of Real Estate so that the buyer can verify that the deposit agreement is being drawn up with the legal owner of the premises. You can also request a technical passport for the apartment.
Make sure that this residential premises does not have restrictions in the form of encumbrances and arrests that impede the completion of the transaction. Such information is contained in the extract from the Unified State Register.
If the apartment was purchased by the owner during marriage, then it is necessary for the seller to provide the notarial consent of the spouse for the sale.
It is advisable that before making a deposit the seller has no debts on utility bills. You can confirm the absence of debts with paid receipts or a certificate from the organization of the relevant utility service.
Pay attention to registered citizens. The contract must mention the period within which they must be issued. This is especially important in relation to registered minors.
Agree on the parties' responsibilities in case of force majeure. Let’s say that if the seller is ill, he will return the deposit in a single amount, or if the bank refuses to issue a mortgage loan, will the buyer be held liable.

What to do before transferring the deposit to protect yourself

Check documents for housing.
When you enter into an agreement on a deposit when buying an apartment, ask the seller to provide all documents for the property. If some documents are missing - for example, there is no extract from the Unified State Register of Real Estate confirming ownership, it is better to postpone the transaction. Otherwise, collecting documents may take a long time.
Obtain the consent of the seller's spouse.
If the seller has a spouse, be sure to obtain a notarized permission to sell. Otherwise, in the event of a divorce, the seller’s spouse will be able to present his rights to the real estate within three years after the transaction, and the court will side with him.
Check if there is an encumbrance.
If the housing is under encumbrance, it is better to refuse the purchase. Ask the seller to remove the encumbrance first, and then hand over the money.
Check if utility bills have been paid.
If not, ask the seller to pay the debt first, and then give him the money. If you buy a property with debts, you will have to pay them yourself, and this is an additional expense. It is better to look at the receipts in person: debts on utility bills do not affect the transfer of ownership in Rosreestr, so you will not be warned about the debt.
Check if someone is registered in the apartment.
If yes, indicate in the agreement the seller’s obligation to sign out all residents. Otherwise, they will have the right to live in the apartment even after you buy it, and you will not be able to kick the tenants out. This especially applies to registered minors.