Sample: deposit agreement for the purchase of a house with land (sample)

Whatever real estate transaction is carried out, it requires an extremely responsible and careful approach, since any actions of the parties must have documentary evidence. Even such manipulations as the transfer of a deposit must be documented (a special agreement on the deposit is drawn up).

This agreement is concluded if an agreement is reached between the parties on the payment of part of the total cost of the property. The deposit plays an important role. It is simultaneously a guarantee of both the buyer’s intention to purchase this property and the seller’s intention to sell the property to this particular potential buyer.

Making a deposit and concluding an appropriate agreement is a kind of guarantee of the success of a potential transaction for both parties.

The deposit agreement is relatively small and does not include any unnecessary information.

This agreement must include the following information:

Information about the seller (full name, residential address);
Information about the buyer (full name, residential address);
Data about the property (technical characteristics and features);
Market value of real estate (full);
Collateral amount;
The duration of the contract, as well as the date of payment of the remaining part of the cost of the property.

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Deposit agreement for the purchase of a house with land: sample

A sample agreement is here.

DEPOSIT AGREEMENT

Moscow city of the Russian Federation, April twelfth two thousand and sixteen.

We are the undersigned: Fedor Vladislavovich Filatov, born on November 1, 1985, living at the address: Moscow, Central Ave., 612, apt. 901, hereinafter referred to as “Party 1”, and Viktor Aleksandrovich Semenov, born on April 25, 1980, living at the address: Moscow, st. Aleksandrovskaya, 305, apt. 10, hereinafter referred to as “Party 2”, have entered into this agreement as follows:

“Party 2” transferred, and “Party 1” received a deposit in the amount of 25,000 (twenty-five thousand) rubles to ensure the fulfillment of obligations to conclude, before April 1, 2017, a purchase and sale agreement for a house with a land plot, located at the address: p. Berezan, st. Sadovaya, 2, Berezansky district, Moscow region, owned by “Party 1” on the basis of a certificate of ownership dated July 10, 1999. According to the documents, ________________________________________________________________________.
A deposit in the amount of 25,000 (twenty-five thousand) rubles is transferred by “Party 2” to “Party 1” towards the cost of the specified property.
This agreement is valid from the moment of its signing and for the period until 04/01/2017.
“Party 1” is obliged to conclude a purchase and sale agreement for the specified apartment with “Party 2” during the validity period of this Agreement.
If “Party 2” refuses to conclude the contract, it undertakes to pay “Party 1” a sum of money in the amount of 5% of the deposit amount.
“Party 1” is obliged, after receiving the deposit specified in clause 1 of this Agreement, not to enter into an agreement for the purchase and sale of an apartment or other agreements for the alienation of an apartment with other persons during the entire term of the agreement, unless “Party 2” initiates its termination.
If “Party 1” refuses to enter into a contract for the sale and purchase of an apartment with “Party 2” (failure to perform the action due to the fault of “Party 1”), “Party 1” pays “Party 2” an amount of money equivalent to the amount of the deposit + 5% of it .
The party responsible for failure to fulfill this Agreement is obliged to reimburse the other party in the amount of 10% of the deposit amount.
This Agreement will be considered fulfilled after the fulfillment of mutual obligations.
Any changes and additions to this Agreement are valid only if they are in writing and signed by both Parties.

SIGNATURES:

_________________

Contract for the sale and purchase of a house with a plot of land: sample.

Read here how to buy land from the state.

Read about the documents for purchasing a land plot at the following link:

Deposit agreement for the purchase of a house with land: form

The contract form is here.

Agreement on deposit for the purchase and sale of a house and land No. _

g. ____________________ "___" _____ g.

Citizen ________________________________________, passport (series, number, issued) _______ ______________ _________________________________________ ______________, residing at the address ________________________________________, hereinafter referred to as the “Depositor”, on the one hand, and citizen ________________________________________, passport (series, number, issued) _______ ______________ ________________________________________ ______________, residing at the address __________________________________________, hereinafter referred to as the “Designee”, on the other hand, hereinafter referred to as the “Parties”, to ensure the fulfillment of the obligations of the Parties established in accordance with the preliminary agreement for the sale and purchase of goods concluded between the Parties “___”______________ _______ year (hereinafter – “preliminary agreement”), have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

The Depositee received from the Depositor an amount in the amount of _________________________________________ rubles to pay for the purchase in the name of ________________________________________ (full name, date of birth, passport details, resident) residential building with outbuildings, conditional No. _______ and consisting of a main log building with outbuildings, total area of residential premises _______ sq.m., including residential _______ sq.m., inventory number _______, letters: “A” (residential building), “a” (_______), “a1” (_______), “G” (_______), “G1” (_______), “G2” (_______), “G3” (_______), “G4” (_______), “G5” (_______), No. 1 (fence).
The specified residential building is located on a land plot whose total area is _______ sq.m. Cadastral number of the plot _______, land category: settlement land, provided for individual housing construction.
The residential building with outbuildings belongs to the Seller by right of ownership, on the basis of a Certificate of the right to inheritance by law dated “___”______________ _______, registered in the register under No. _______, issued by ______________, notary ______________. In accordance with Art. 131 of the Civil Code of the Russian Federation, the Seller’s ownership right is registered in the Unified State Register of Rights to Real Estate and Transactions with It, about which registration entry No. _______ was made on “___”______________ _______.
The land plot with cadastral number _______ belongs to the Seller by right of ownership on the basis of the Resolution of the Territorial Administration for the Rural Settlement of the ______________ municipal district of the Moscow Region dated "___"______________ _______, year No. _______. In accordance with Art. 131 of the Civil Code of the Russian Federation, the Seller’s ownership right is registered in the Unified State Register of Rights to Real Estate and Transactions with It, about which “___”______________ _______ year registration record No. _______ was made, which is confirmed by the Certificate of State Registration of Rights ______________ No. _______, issued by the Main Directorate of the Federal Registration services in the Moscow region "___"______________ _______ year. Further, for convenience, the specified land plot and the house located on it will be referred to as “Objects”.
The parties agreed that the total cost of the Objects is set at _________________________________________ rubles.
The cost of a land plot with cadastral number _______, area _______ sq.m., located at the address: ________________________________________, is ________________________________________ rubles.
The cost of a residential building with a conditional number _______, an area of _______ sq.m., located at the address: ________________________________________, is ________________________________________ rubles. The cost of execution and registration of the purchase and sale agreement for the Property is not included in the indicated amounts.
This deposit agreement is valid from the moment of signing and concluded until “___”______________ _______ year inclusive.
In case of failure to fulfill the deposit agreement by the Depositee (refusal, evasion from concluding a purchase and sale agreement for the Objects, or failure to appear until “___”______________ _______ year inclusive at the place established by the preliminary agreement to sign the purchase and sale agreement for the Objects on the terms established by the preliminary purchase and sale agreement for the Objects) The Depositee pays the Depositor within seven banking days an amount in the amount of ________________________________________ rubles, i.e. double the amount of the deposit in accordance with Art. 381 of the Civil Code of the Russian Federation.
In case of failure to fulfill the deposit agreement by the Depositor (refusal, evasion from concluding a purchase and sale agreement for the Objects, or failure to appear until “___” ______________ _______ year inclusive at the place established by the preliminary agreement, or the principal to sign the purchase and sale agreement of the Object on the terms established by the preliminary purchase agreement -sale of the Object) the amount of the deposit in the amount of _________________________________________ rubles remains with the Depositee in accordance with Art. 381 of the Civil Code of the Russian Federation.
The recipient of the deposit undertakes the obligation to transfer the Objects in the form in which they are at the time of signing this deposit agreement according to the acceptance certificate.
The amount of money specified in clause 5 of this deposit agreement, minus the deposit paid, is placed before the transaction in the depository cell of the bank in the city of ____________________, Moscow region, specified in the preliminary agreement. The depositor receives the specified amount immediately after registration of the purchase and sale agreement in the Office of the Federal Service for State Registration, Cadastre and Cartography according to ______________ on the basis of extracts from the unified state register of rights to real estate, where it is certified that the owner of the specified all Objects is listed as ________________________________________ (F.I. Oh, date of birth, passport details, resident).
The Parties are not responsible for non-fulfillment or improper fulfillment of their obligations under the deposit agreement if this was the result of force majeure, including natural disasters, accidents, illnesses, incapacity of the Parties, changes in the current Legislation, which make further execution of the agreement impossible. The Parties must notify each other in advance of the occurrence of force majeure in accordance with this deposit agreement.
Notifications of the Parties under this deposit agreement may be made in writing to the following addresses: For the Depositor: _______________________________________. For the Depositor: _____________________________________.
Any messages are valid from the date of delivery to the relevant address. If the notification addresses of one of the Parties change, it is obliged to immediately notify the other Party, provided that such a new address for correspondence can only be an address in Moscow or the Moscow region. Otherwise, sending correspondence by the Party to the previous address will be considered proper fulfillment of obligations under the deposit agreement.
This deposit agreement is an integral part of the preliminary contract for the purchase and sale of a residential building conditional number: _______ and a land plot with cadastral number: _______, concluded between the Parties "___"______________ _______, drawn up in two copies having the same legal force, one for each from the Parties.

DETAILS AND SIGNATURES

Depositor

Registration address: _________________________________
Mailing address: __________________________
Phone fax: ___________________________
Passport series, number: ______________________
Issued by: ______________________________
When issued: ___________________________________
Signature: _______________________________

Depositee

Registration address: _________________________
Mailing address: ___________________________
Phone fax: ____________________________
Passport series, number: _______________________
Issued by: _______________________________
When issued: ______________________________
Signature: _________________________________

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Procedure for transferring funds

You should sign the agreement only after viewing all title and other documents, as well as after inspecting the land itself.

Once the agreement is signed, the buyer transfers the agreed amount of money. You can do this:

By transfer to the seller's bank account. This method is more reliable, because if the seller later refuses the transaction, you can easily prove that you gave him the money (by taking the necessary certificates from the bank).
Hands over cash.

Rules for drawing up an agreement

When making a transaction to acquire land, an agreement on the provision of a deposit is signed by both parties, receiving some advantages :

The seller will be sure that the buyer is serious and has decided to buy his plot (i.e., he stops looking for other options). He will not waste time, since the buyer is unlikely to cancel the deal at the last moment, because then he will lose money.
The buyer will know that it is he, and not others who wish, who will get this plot. Thus, the seller stops searching and trying to sell the plot to other persons - he will have to remove all advertisements for sale, no longer show the property being sold to other people, etc. Thus, it eliminates other competitors. Otherwise, if the deposit agreement is violated, the seller will pay him compensation (if he refuses, the buyer will be able to return the money through the court).
This agreement is also convenient because it is not always possible to immediately carry out the main transaction. Both the seller and the buyer may need time to collect all the necessary documents (the seller may need up to two months to collect them), find financial resources (for example, the buyer has not yet obtained a loan to purchase the land), etc. And the deposit allows either party to avoid problematic situations. Since the contract is signed by both parties, the buyer and seller secure their rights and obligations in a future transaction, minimizing all risks.

You have the legal right to demand all title documents from the owner of the site. Inspect them carefully and study all the information provided, since in the future they will be included in the deposit agreement itself. Please note that if the seller was married at the time of purchasing the plot, the acquired property is considered joint property, and the certified consent of the spouse is required for the transaction.

Certification by a notary

The legislation of the Russian Federation does not provide a clear definition of the concept of “advance”. There is only a note in Art. 380 of the Civil Code of the Russian Federation, which explains the concept of a deposit, and that an advance payment is an advance payment to the Seller, if the executed agreement does not indicate that this payment is considered a deposit.

The need to make an advance payment arises in such circumstances when it is not possible to draw up a property contract immediately, since the parties need time to prepare:

For the buyer - the required amount to pay for the purchased object.
For the seller - the required documents confirming the right to sell the property.

At the same time, the legislation of the Russian Federation does not provide for mandatory certification of the agreement for the transfer of an advance payment by a notary. However, the parties have the right, by mutual agreement, in order to ensure the security of the transaction, to carry out this procedure. This is especially true if the advance amount is large. In this case, the notary will help to correctly draw up such an agreement and will witness the payment of the advance to the Seller.

For such a service, the notary will have to pay from 1000-2500 rubles. The amount depends on the complexity of the contract, as well as tariffs, which are different in different regions.