Receipt for deposit - basic concepts, rules of preparation, types

Basic rules for deposit

If a receipt is simply drawn up, in the event of a problematic situation the court recognizes the transfer of funds in advance, the document loses its properties. The advance is a security measure for two parties - the buyer confirms his intentions to buy, the seller confirms his intentions to sell. The deposit performs the same functions, but also confirms the completed transaction. The money is paid according to the preliminary purchase and sale agreement, but not the whole amount is paid, but a part of it.

The situation is acceptable if the buyer does not have the entire amount at the time of the transaction, he undertakes to pay it within a certain time. Therefore, in addition to the receipt, a deposit agreement and a preliminary purchase and sale agreement are drawn up. In case of refusal of the transaction with a receipt, the seller pays the money to the buyer in double amount. If the court recognizes the fact of transfer of funds in advance, the seller gives only the amount he received.

The content of the document on receipt of the deposit is arbitrary, but the following information must be indicated:

• surname, first name and patronymic of the parties in full;
• passport details, including place and date of birth;
• residential address, registration;
• designation of the fact of transfer of funds as a “deposit”;
• indicating the amount in numbers, words;
• reference to the agreement to which the receipt is attached.

The document is written by the seller in his own hand, signed and numbered. Drawed up in two copies. A printed version is also allowed; it must be drawn up in the presence of a notary and certified by a specialist. If the receipt is written in person, it is recommended that there be disinterested witnesses who also sign the document. The text must be clear, with a detailed description of the place and time of transfer of funds.

Arbitrage practice

Judicial practice in cases concerning the payment of a deposit is heterogeneous. It all depends on the conditions and circumstances of a particular transaction. In order for the Earnest Money Agreement to ensure maximum protection of your interests, you will need:

• monitor the correct preparation of papers (the agreement itself, receipts for receipt of money);
• fulfill their obligations under the PDCP in good faith;
• motivate your claims against the 2nd party, support them with factual materials.

Example: The Plaintiff appealed to the district court with a demand to recover double the deposit from the Defendant, as well as to compensate for the losses incurred and compensation for moral damage. The Plaintiff based his claim on the fact that the Defendant unexpectedly refused to sell him the apartment. However, the Defendant stated that he returned the entire advance payment to the Plaintiff, equal to 100,000 rubles. The seller insisted that this money should be considered as an advance.

After studying all the materials, the court ruled that the preliminary payment was a deposit, and not an advance. This was stated in the corresponding Agreement, drawn up as an annex to the PDCP. The text of the Agreement clearly stated that the amount paid acts as a deposit and performs a security function. Because failure to comply with the terms of the PDCP was due to the fault of the party that accepted the deposit, the court ruled that this party (Seller) is obliged to return the funds in double amount. The Defendant had to pay the Plaintiff another 100,000 rubles , as well as compensation for losses and moral damage.

Drawing up a deposit agreement when purchasing an apartment is not an easy procedure, requiring sufficient legal knowledge from the parties. The parties to the transaction will need to decide on the amount, draw up the appropriate agreement correctly, and not confuse the deposit with an advance or pledge.

Nuances of document preparation

The agreement is drawn up directly by the owner of the property to be sold, or his official representative. The money is also transferred directly into his hands, and not to the realtor supervising this procedure.

Important! All documents relating to the object of the transaction must be carefully examined by the buyer and checked for authenticity.

When transferring the deposit, it would be useful to request the seller to write a receipt confirming its receipt. This recommendation is not included in the list of mandatory requirements, but if disputes arise, the receipt can act as documentary evidence of this type of calculation.

Is it possible to make a deposit when buying an apartment with a mortgage?

It is possible to make a deposit when purchasing an apartment with a mortgage loan, maternity capital and other additional conditions. It’s just that the deposit agreement, in addition to other essential conditions, indicates the procedure for registering maternity capital, the procedure for settlement with the seller using mortgage funds, or other nuances depending on what funds you use to purchase real estate.

Sources

• https://kupiproday-kvartiru.ru/dokumenty/dogovor-zadatka-pri-pokupke-kvartiry/
• https://kvartira-bez-agenta.ru/melochi/kak-oformit-zadatok-pri-pokupke-kvartiry/
• https://SocPrav.ru/soglashenie-o-zadatke-pri-pokupke-kvartiry
• https://ros-nasledstvo.ru/soglashenie-o-zadatke-pri-pokupke-kvartiry/
• https://FreeLawyer.guru/grazhdanskoe/dogovor-zadatka-pri-pokupke-kvartiry.html
• https://blog.DomClick.ru/post/avans-ili-zadatok-kak-pravilno-oformit-predoplatu-za-kvartiru
• https://iskiplus.ru/soglashenie-o-zadatke-pri-pokupke-kvartiry/
• https://law-divorce.ru/soglashenie-o-zadatke-pri-pokupke-kvartiry/
• https://dogovor-urist.ru/%D0%B4%D0%BE%D0%B3%D0%BE%D0%B2%D0%BE%D1%80%D1%8B/%D0%BE%D0% B1%D1%80%D0%B0%D0%B7%D0%B5%D1%86-%D0%B4%D0%BE%D0%B3%D0%BE%D0%B2%D0%BE%D1%80_ %D0%B7%D0%B0%D0%B4%D0%B0%D1%82%D0%BA%D0%B0_%D0%B7%D0%B0_%D0%BA%D0%B2%D0%B0%D1 %80%D1%82%D0%B8%D1%80%D1%83/
• https://J.Etagi.com/ps/zadatok-pri-pokupke-kvartiry/

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Types of deposit receipts

The Civil Code of the Russian Federation provides for the preparation of a receipt if the amount of funds exceeds 10,000 rubles, otherwise the document is declared invalid and has no legal force.

The legislation does not have precise definitions of the types of receipts, but in fact they exist:

• Subject. The purpose of the transfer of money and the subject of purchase and sale are indicated.
• Pointless. There is no clear wording, money is borrowed.

The person receiving the funds writes a receipt stating that the money has been received, the transferring party writes a receipt indicating that they have transferred the funds. Both documents are certified by the signatures of both parties.

In addition, receipts are divided according to the subject of the purchase and sale agreement: car, apartment, land, garage, other major acquisition.

Receipt for deposit for apartment

It is issued in the event that the entire amount of funds specified in the purchase and sale agreement is not enough. The receipt is written in any form indicating all important information.

Approximate sample

RECEIPT

about receiving a deposit

St. Petersburg "__"_______2019

I, Dmitriev Maxim Petrovich, born December 14, 1967, passport series 1111 number 111111, issued on January 1, 2000 _______________ (specify by whom, unit code), registered and residing at the address: St. Petersburg, _______ , d._____, apt._________, received from Pavel Viktorovich Kondratyev, born 09/11/1965, passport series 2222 number 222222 issued 02/02/2002. (specify by whom, division code), registered and residing at the address: St. Petersburg, st.__________, no._____, apt._____ 70,000 rubles (seventy thousand rubles) as a deposit for an apartment located at the address: Moscow, ________ st., no.____, apt._____, total area 89 sq. m., worth 3,000,000 rubles (three million rubles), according to the purchase and sale agreement dated 01/01/2019.

Signature__________ Date___________

When making a deposit, a preliminary purchase and sale agreement must be drawn up, which indicates the method of payment: the first part in the form of a deposit, the second - the remaining amount.

Basic Rules:

• If there are several owners, the funds transferred in the form of a deposit are divided equally, and everyone writes a receipt.
• The document must strictly indicate the amount, date, time, and place of transfer of money. There should be no crossing outs or corrections.
• If the seller is a minor, parents or official guardians write a receipt for him, but the presence of the child when transferring money is required.
• It is recommended to give a deposit and draw up the document in the presence of disinterested witnesses, who also sign the receipt.

Lawyers do not recommend making a deposit of more than 30% of the cost of the apartment. You should also be wary of a transaction if the seller quickly agrees to receive a symbolic amount. Issuing a receipt from a notary will help avoid fraudulent actions on the part of the seller, but is not a 100% guarantee. It is necessary to carefully check the documents before transferring funds.

Pawnshop

The well-known pawnshop is essentially a credit institution that issues money to citizens on the security of things. As a rule, pawn shops accept jewelry, gold items, mobile phones and computer equipment as collateral, that is, those things that can be quickly and profitably sold in the event of non-repayment of money.

The assessment of items pledged is carried out by a full-time employee of the pawnshop. As a result, the value is reduced so much that in the event of non-repayment of the debt, the sale of collateral can cover both the debt and the interest (usually very high) on it.

Instead of a contract, pawnshops issue their clients a so-called pawn ticket, regulated by Art. 358 Civil Code of the Russian Federation. Items transferred as collateral are accepted by the pawnshop for storage and are issued with a personal safe receipt.

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:___________

Advantages and disadvantages for both sides

Having paper is beneficial for both parties to the transaction.
For the buyer, it is a guarantee of concluding a secure transaction with the seller, and for the selling party, it is a guarantee of receiving money. Having a receipt in hand, the parties will protect themselves from possible claims against each other . The disadvantage is that it has a limited validity period (3 years).

In case of possible violations, you can go to court within the specified period. After the expiration of the limitation period, the receipt is considered invalid.

Receipt for deposit for land plot

The document is issued for the following reasons:

• confirmation of expenses for the purchase of real estate with the intention of receiving a tax deduction;
• confirmation of receipt of funds;
• personal concerns;
• old age, serious illness of the seller of the land plot.

The requirements for filling out a receipt for the deposit are standard, but you will have to write a little more. The document must indicate:

• Name;
• date, place of filling;
• passport data of the buyer, seller;
• amount paid in figures and words;
• address;
• cadastral number of the plot, area;
• list of buildings included in the documentation;
• link to the purchase and sale agreement;
• seller's signature.

It is recommended to fill out the document in the presence of witnesses who are disinterested persons. Signatures are provided by all those present.

Approximate sample

RECEIPT

Ryazan 02/03/2018

I, Borisenko Andrey Stepanovich, born 10/12/1956, place of birth: Ryazan, passport series 1111 number 111111, issued by the Federal Migration Service of Ryazan on 04/01/2008, registered at the address: s. Orlovskoye, Petrovsky district, Ryazan region, no. 2, received from Tatyana Ivanovna Karpenko, born on June 17, 1983, place of birth: Ryazan, passport series 1111 number 111111, issued by the Federal Migration Service of Ryazan on November 12, 2011, registered at the address: Ryazan, st. Shakhova, 2, apt. the amount of 1,000,000 (One million) rubles for the land plot I sold, located at the address: s. Orlovskoye, Petrovsky district, Ryazan region, plot 2, area 11 acres, cadastral number 20:20:100200:20-10; one-story log residential house with an area of ​​50 sq. m, cadastral number 20:20:100200:20-10 and outbuildings - a bathhouse and a barn - according to the “Agreement for the sale and purchase of a land plot and a residential building” dated 03/01/2017, drawn up in simple written form. The calculation has been completed in full. I have no complaints against the buyer. Full name, signature

What to pay attention to

Using the sample presented above, the parties should also follow the rules for drawing up a receipt so that it is not subsequently recognized as void and without legal force.
These rules include: The information in this article is provided for informational purposes only. We recommend that you contact our lawyer.

How to correctly draw up a pledge receipt

When buying a house or apartment, we think: what kind of receipt will we ask the seller to write in return for the deposit or advance payment given to him? Although the receipt is written in any form, it is important that it reflects all the main conditions of the future transaction and is legally stated correctly. Below is a sample receipt that I proposed to write to the former seller, now of my apartment

Receipt

I, gr. Ivanov Ivan Ivanovich, born December 31, 1961, place of birth: village. Nizhnegorsk, Novosibirsk region, Russian citizenship, EU passport 845422, issued by the Nizhnegorsk Internal Affairs Directorate, April 20, 2005, registered and residing at the address: Simferopol, Arkticheskaya street, building 2 (two), apartment 35 (thirty-five) received an advance from the city . Petrov Vasily Semenovich, born March 13, 1971, place of birth: Omsk, citizenship Russia, passport EU 122344, issued by the Leninsky District Department of Internal Affairs, Omsk, January 03, 2001, registered and residing at the address: Novosibirsk, st. Mira, house 3 (three), apartment 1 (one), towards the execution of a purchase and sale agreement for a house located at the address: village. Nizhnegorsk, Novosibirsk region, st. Apricotovaya, house 15 (fifteen) in the amount of 50,000 (fifty thousand) rubles. The total cost of the house is 2,000,000 (two million) rubles.

The final date for fulfillment of obligations under this receipt is December 31, 2012.

The money was transferred in the presence of witnesses: gr. Sidorov Pyotr Nikolaevich, born April 8, 1954, place of birth..., and c. Marchenko Nikolai Vasilyevich, born September 21, 1968, place of birth....

Ivanov Ivan Ivanovich (painting)

Sidorov Petr Nikolaevich (painting)

Marchenko Nikolay Vasilievich (painting)

• — The receipt is written in his own hand by the one who receives the money (in two copies). You cannot write a receipt using a carbon copy.
• — It is immediately necessary to check whether the recipient of the pledge or advance is the owner of the property. It is legally impossible to transfer the advance to a third party.
• — The receipt must be written in blue ink.
• — The presence of witnesses when writing a receipt is not necessary. If they are needed, they should not be relatives of the parties.
• — It is necessary to check the passport data on the receipt with the passports of both parties (and witnesses) and the signatures on the receipt with the signatures in the passports.
• — Previously, signatures on the receipt of both parties were required. Now the signature of one person is enough - the one who receives the money (and the signatures of witnesses - if any). It is practiced to sign the person transferring the money on the back of the receipt sheet in the upper corner to prevent possible substitution of the receipt.

An example can be seen on the website

When purchasing real estate, the owners of which are shareholders, it is necessary for everyone who owns shares to certify in writing that they have received funds in an amount equal to their share.

The legislation of the Russian Federation does not impose strict requirements on the form of such documents; there is no need to notarize it.

To achieve legal force, it is enough to write by hand that the entire amount has been received, writing down the information below:

• FULL NAME. seller, buyer and passport data;
• The transfer of the entire amount is recorded in numbers with a decoding in parentheses and the purpose of the transfer is indicated;
• Cadastral number, area of ​​the house being purchased and area of ​​the plot;
• Date of transaction and writing of the guarantor;
• Signature of the former owner of the property with transcript.

Insist that the owner of the house write in the presence of you and your witnesses. If witnesses are present, be sure to enter their passport details and confirm their signatures. Then it will be impossible to challenge the transaction in the event of a lawsuit if the former owner suddenly decides to claim that the funds were not transferred to him.

Receipt for deposit for residential premises, house

A correctly drawn up document is official proof of the payment of money for the house as a deposit. A receipt is also required for a refund of 13% property tax after a sale transaction has been completed. The document is drawn up in any form indicating all important information.

Approximate sample

RECEIPT

St. Petersburg 12.02.2021

I, Maxim Fedorovich Dmitriev, born on March 26, 1982, passport data: (series and number, date of issue, where and by whom it was issued, address of last registration on the passport) received from Alexander Petrovich Karnaukh, born on March 23, 1965, passport data: ( series and number, date of issue, where and by whom it was issued, address of last registration in the passport) deposit for the house I am selling, which is located at: (full address) in the amount of 5,000,000 rubles (Five million) under the sales contract dated 10.02 .2019

Signature

A document drawn up correctly acquires legal force. If one of the parties refuses the transaction, the injured person is entitled to compensation for losses.

How to properly fill out a deposit

Before you start generating a receipt, you need to make sure that the transferred funds are not perceived as an advance payment. These terms have different legal meanings. If the transaction fails due to the fault of the seller, he is obliged to return the deposit in double amount. If the transferred amount is considered an advance, 100% is returned.

The document is drawn up in the presence of all interested parties and filled out with a ballpoint pen. Information from other documents is copied; abbreviations are not allowed if they are not in the source. The receipt indicates all owners of the subject of sale. The amount is divided in equal shares, signatures confirming receipt of funds are placed at the end of the document. We should not forget that the receipt is an addition to the contract; in the absence of the latter, the transferred amount is regarded as an advance.

Standard Requirements:

• the document is written with a ballpoint pen with blue or black ink;
• the presence of witnesses is not mandatory, but desirable;
• The sample should be prepared in advance, but it must be filled out only in the presence of other interested parties, during the direct transfer of the deposit.

A document acquires legal force if properly executed. Before writing a receipt or transferring money, you should draw up a deposit agreement, which lists the information of all participants in the process, information about the subject of the transaction, conditions, and market price. The transfer of the specified amount occurs after the subject of the agreement is deregistered, the sale and purchase agreement is completed, and ownership is transferred through re-registration.

Sample deposit agreement

Full name, citizen of the Russian Federation, _________ year of birth, gender __________, passport No.______________issued on _________ by department ___________, department code __________, registration and residence address: _____________________, hereinafter referred to as the Seller, and

Full name, citizen of the Russian Federation, _________ year of birth, gender __________, passport No.______________issued on _________ by department ___________, department code __________, registration and place of residence: _____________________, hereinafter referred to as the Buyer, on the other hand, have entered into this agreement as follows:

The parties hereby agree that the Seller undertakes to sell (transfer ownership), and the Buyer undertakes to buy (acquire ownership) in the future, within _____________ years, an apartment located at the address: ________________________________ at the price of __________________ (____________) rubles.

2. The specified apartment consists of _______ living room. The total area of ​​the apartment excluding the area of ​​loggias (balconies) is _____ (in words ______________) sq. m., located on the _________ floor of a residential building. Cadastral No. _________________. We describe the entire apartment! Even if the share is sold.

3. To ensure the fulfillment of its obligations, the Buyer makes a deposit to the Seller for the purchased apartment in the amount of ____________ (_____________) rubles.

4. The buyer and seller undertake to conclude a Purchase and Sale Agreement for the specified apartment within _____________ years. Or you can specify the conditions after the occurrence of which the parties, within ______ business days, undertake to conclude a Purchase and Sale Agreement for the specified apartment (for example, after the execution of inheritance documents).

5. The cost of the apartment in the amount of ______________ rubles is final and cannot be changed.

6. The parties are aware that in accordance with Art. 380 and 381 of the Civil Code of the Russian Federation, they are responsible for failure to fulfill their obligations. Namely: if the purchase and sale agreement is not concluded due to the fault of the Seller (documents are not ready or refusal to conclude, price increase, indicate possible reasons, etc.), then he undertakes to return to the buyer the amount of the deposit and a fine in the amount deposit amount up to ____________ year. If the purchase and sale agreement is not concluded due to the fault of the Buyer (personal documents are not ready or refusal to conclude, change in price), then he loses the right to return the deposit amount. The parties are released from liability (specified in Article 380.381 of the Civil Code of the Russian Federation) if ____________________ (you must indicate, for example, the delay in documents is due to the suspension of work of government agencies or errors of government agencies, illness of one of the parties, etc.).

7. This agreement is drawn up in two copies, one of which is handed over to the Buyer, the second to the Seller.

Responsibility of the parties

Such documents are necessary to recognize the intentions of the parties to fulfill previously agreed obligations. For the most part, this applies to the buyer - partial payment should stimulate him. For its part, the seller undertakes to timely prepare the premises, documentation and necessary extracts for the transaction.

It is important to analyze the financial responsibilities of the parties in advance:

• Full return of the deposit by agreement of the parties, if the obligations have not entered into legal effect - Art. 416 of the Civil Code of the Russian Federation.
• You can’t just refuse the deal and say I won’t buy this apartment. In this case, the deposited amount remains with the seller without the mandatory further signing of the final sales agreement - Article 381, paragraph 2.
• In turn, the seller, in case of failure to fulfill obligations, in addition to the funds received, is obliged to pay a penalty in the same amount.

To fulfill the last condition, it is important to indicate in the prepayment agreement for the apartment the deadline for signing the final sale transaction. If this point is not taken into account, filing a claim with the seller will be problematic.

In 2014, an additional 4th paragraph was introduced into Article No. 380. Thanks to him, it is not necessary to sign the final purchase agreement, only a preliminary agreement is enough. Before this, the deposit transaction could be canceled based on a court decision, since it was recognized only as part of the main agreement.

Earnest money agreement - document structure

Since the receipt is drawn up in any form, there are no clear rules for its preparation, but in order for the document to acquire legal significance, all important information must be written down in it.

Receipt structure:

1. preamble;
2. details of the parties, their signatures;
3. date and place of conclusion of the document;
4. the subject of the agreement, which indicates that a pledge is being drawn up, not an advance;
5. exact amount in numbers, in words;
6. a detailed description of the process of transferring funds - who, to whom, when, where, for what;
7. liability of the parties if the transaction does not take place;
8. duration of the agreement, possibility of termination.

A correctly drawn up document allows you to quickly resolve a controversial situation, return legitimate money with compensation for damages for wasted time.

Receipt for deposit for tax office

A tax deduction is provided for the amount of expenses for the purchase of residential premises - apartment, house, room. A receipt for the tax office is drawn up in any form indicating all important information; notarization is not required, but is encouraged.

Mandatory requirements:

• The receipt must indicate the personal data of the seller, buyer, and passport details.
• The document must be individual. If there are several owners, each one writes a receipt indicating the amount received.
• There must be a link to the purchase and sale agreement. The information on the basis of which the receipt was written is indicated. If the contract does not have a number, the date of preparation is indicated.
• All information must be reliable, errors and corrections are not allowed.
• If the payment was made by another person on behalf of the buyer, a power of attorney must be attached to the receipt.

Experts do not recommend handing over the original to tax officials to avoid losing the main document. If you plan to contact the tax service, you should draw up the document in two copies.

If you cannot choose a full tax deduction for the transaction, you still have the opportunity to get the required amount when making the next transaction to purchase a home.

Extract from the Unified State Register of Real Estate

An extract from the Unified State Register of Real Estate is proof of ownership of the property. A certificate of registration of rights is a conditional document that requires confirmation. Before transferring the deposit or drawing up a receipt, you must verify the rights of the owners. A fresh extract from the Unified State Register of Real Estate will allow you to clarify information about the owners of real estate, the absence of encumbrances, and arrests. You can order an extract online via the Internet. The price of the service is 250 rubles. At the same time, you should not trust the electronic statement provided by the buyer, since it is possible to edit the data and enter false information.