The approximate form of the deposit agreement. How is the deposit transferred when buying an apartment

The deposit is cash, transferred by the buyer of the apartment to the seller before the conclusion of the main transaction and confirming the buyer's intentions to make the purchase after some time. Consider the main features and rules for its registration when buying a home.

• The entry is carried out with the registration of special documents.
• The stages of application are:

1. drawing up a contract and agreeing on its clauses
2. drawing up a receipt confirming the transfer of funds

• The contract (preliminary sales contract) must indicate the amount of the transferred funds, as well as the conditions and date for the payment of the remaining amount and the conclusion of the main contract.
• The seller must provide for review the original documents confirming his ownership of the apartment.
• All owners of the property being sold (if there are several of them) must be present at the conclusion of the transaction.
• If the owner of the apartment is alone, but at the same time he has an official wife / husband, the spouse must also be a participant in the transaction.
• In the event of a divorce, the right to receive a share in joint property remains for three years. Therefore, in order to protect yourself as a buyer, before transferring money, require the consent of the seller's spouse to sell real estate.
• Before handing over the money, check the conformity of the apartment with the plan presented in the documents. Any kind of redevelopment must be agreed and approved by the relevant authorities. Redevelopment approval must be documented. Otherwise, all the costs of obtaining permits will fall on the buyer.
• The law permits the transfer of money when only two parties participate in the transaction. However, it is recommended to involve third parties, such as real estate agency employees, lawyers or a notary. In case of occurrence controversial issues, these persons will be able to act as witnesses confirming the fact of the transfer of funds.

Why sign a contract

It has three functions:

1. 1. Security. Making an advance payment becomes a guarantee for the seller that the buyer will not risk his money and fulfill his obligations. At the same time, the buyer receives assurance that the seller does not change his mind and the transaction takes place. According to the law, in case of improper performance of obligations, the seller must return the amount of the deposit to the buyer, doubled... In addition, the party violating the terms of the contract shall reimburse the other party for all losses caused by their actions.
   2. Payment. When the seller's obligations are fulfilled in full, the total amount of debt for housing is reduced by the amount paid earlier.
   3. Evidence-based. When there is controversial situations, the transfer of money made in the presence of witnesses becomes evidence of the parties entering into a contractual relationship.

How the size is determined

The amount of the prepayment is not legally defined. This issue is resolved by agreeing the amount between the seller and the buyer. There are two ways to determine the amount of the prepayment:

1. As a percentage of the value of the property being sold. As a rule, the value is set within five percent of the price of the apartment. But there are times when the prepayment reaches 12%.
2. A fixed amount that does not depend on the cost of housing. Usually within the range of 50,000 - 100,000 rubles.

Deposit agreements for the sale of an apartment: rules for drawing up

1. In the upper part, the place and time of the conclusion of the contract are indicated, that is, the name of the city and the date.
2. Next, it is determined who are the parties to the contract. The data of the seller and the buyer are indicated (name, address, passport data, phone number)
3. Information is entered about the apartment being sold - the object of the contract (address, total area, living space), as well as the cost of real estate and the timing of the conclusion of the main contract.
4. The amount of the deposited amount is indicated, it must be written in numbers and in words.
5. A separate clause defines the procedure for transferring funds.
6. The following describes the rights and obligations of the parties to the contract. Sanctions for non-fulfillment of contractual obligations are enshrined in law and are contained in Article 381 of the Civil Code of Russia. The seller's responsibilities include, for example, the transfer of the apartment to the new owner in the form in which it was during the inspection. The obligations of the buyer include, for example, the timely payment of the remaining amount for the apartment.
7. A separate paragraph states that the contract is valid from the moment of its signing.
8. Force-majeure circumstances and their impact on the operation of the contract must be signed.
9. In the conclusion, the details of the parties are prescribed, and signatures are put.

Design nuances. What to look for.

• It is compiled according to the number of parties to the transaction. That is, if the purchase and sale of an apartment is accompanied by the services of a real estate agency, you must sign 3 copies: for the buyer, for the seller, for the agent.
• The deposit agreement differs from the advance payment agreement. The advance payment must be returned to the buyer if the transaction is canceled. The deposit will remain with the seller under such conditions.
• It is part of the total amount provided for the payment of the apartment. For example, if the cost of housing is 3 million rubles, and the deposit is made in the amount of 200 thousand rubles, the amount of the main purchase and sale agreement will be 2 800 thousand rubles.

Receipt

When making a purchase and sale of an apartment, the receipt may be a separate document, or it may be an addition to the signed contract. The second option is most often used. The receipt is drawn up in any form, no strict forms and forms for its registration have been established. However, this is a document that has legal force, which means it must contain some mandatory information;

1. Information allowing identification of the parties (full name must be indicated in full, without abbreviations)
2. Passport data
3. Registration addresses and actual residence of the parties
4. It is necessary to indicate that the funds are transferred precisely as collateral. Otherwise, if any disputes arise, the court may classify the prepayment as an advance payment or deposit. And other regulatory measures are applied to these concepts.
5. Amount - indicated both in numbers and in words
6. Specifying the details of the deposit agreement
7. Signatures of the parties. The receipt is drawn up by hand. The best option is the presence of a notary when drawing up a receipt, which will certify the transfer of funds. Before signing the document, be sure to check the ones indicated in the receipt. passport data and place of residence. A receipt is drawn up and signed immediately at the time of transfer of money.

Sample receipt

Receipt confirming receipt of the deposit for the apartment

Bataysk 22.04.2017

I am Petr Petrovich Ivanovsky, born on January 30, 1970, passport - series 60 15 No. 255618 issued by the Proletarsky District Department of Internal Affairs of Bataysk on May 13, 2002, subdivision code - 615-203, registered and residing at the address - Bataysk, st. ... Pushkinskaya 25, apt. 80 received from

Ivan Ivanovich Smirnov, born on August 20, 1990, passport - series 60 05 No. 853651, issued by the Department of Internal Affairs of the Soviet District of Bataysk on January 17, 2012, subdivision code - 605-871, registered and residing at the address - Bataysk, per. Budennovsky 25, apt. 7

under Agreement No. 35 / 04-2017 dated 20.04.2017 for the sold apartment located at the address - Bataysk, st. Pervomayskaya 66, apt. 21 amount in the amount of 250,000 rubles (two hundred fifty thousand rubles) as collateral.

The calculation was made in full. I have no complaints against Ivan Ivanovich Smirnov.

Ivanovsky P.P. Smirnov I.I.

Refund of the paid deposit

Amount according to the law Russian Federation, is subject to return to the buyer in the following cases:

1. the seller has changed his mind about making a sale and purchase transaction
2. the seller did not show up to sign the main contract
3. the seller violated the terms of the preliminary contract
4. the seller did not pay utility bills until the conclusion of the main contract
5. the seller knowingly indicated false information when concluding a preliminary sales contract
6. the seller did not write out all the residents registered in the apartment

In all of the above cases, the seller is obliged to return to the buyer the amount of funds received by him, as well as pay penalties in the amount of this amount. In case of refusal to comply with legal requirements for a return, the buyer has the right to contact judiciary to protect their interests.

Hello. Basically, I help my clients in buying apartments. This is my main direction in my work. After the clients find an option for themselves, I spend the deposit between them and the sellers. I will describe the complete procedure for actions - what documents are needed and how to carry it out.

Before you give a deposit, I strongly advise you to read the article - how to check an apartment before buying. If you doubt the purity of the transaction, it is better to consult a lawyer - an online consultant at the bottom of the screen.

Theory

The deposit is the money that the buyers give to the sellers of the apartment before the deal. It serves as a guarantor and proof that the buyers will then buy exactly the sellers' apartment, and the sellers will sell it only to them. That is, they will conclude a sale and purchase agreement between themselves - clause 1 of Art. 380 of the Civil Code of the Russian Federation.

After making the deposit, you can't just refuse the deal. If the sellers refuse to sell the apartment through their own fault, then they are obliged to return the deposit in double the amount. And vice versa - if the buyers, through their own fault, do not buy the apartment, then the deposit will remain with the sellers. This is called the security function of the deposit - clause 2 of Art. 381 of the Civil Code of the Russian Federation.

What is the amount of the deposit

The size is determined by the buyers and sellers themselves, this is not regulated by law. At least 100 rubles, at least a million. In practice, usually 50 - 100 thousand rubles. The deposit must then go towards the cost of the apartment - clause 1. Art. 380 of the Civil Code of the Russian Federation.

We turn to practice - how to make a deposit correctly

Stage number 1 - negotiations

In order to more productively discuss the deposit and the future transaction, all buyers and sellers, their realtors / lawyers, if any, should be present at the negotiations. For minors, negotiations are carried out by their parents (guardians / trustees).

If I pay a deposit, then I usually discuss the following points:

• The amount of the deposit. As I wrote above, buyers and sellers themselves must agree on the amount. Usually in the region of 50 - 100 thousand rubles.
• In what form will the deposit be transferred - in cash or cashless way.
• Responsibility of the parties after the transfer of the deposit.

  We usually agree as follows: if the sellers refuse to sell the apartment, the deposit is returned to the buyers in double the amount + the return period. If there are buyers, then the deposit remains with the sellers.

  Very important: Discuss in advance the reasons and force majeure for which responsibility comes or does not come. For example, if the seller is unable to enter the deal due to a sudden illness, then he can return the amount of the deposit, but not double. Or when buyers with a mortgage - will they be liable if the bank refuses them a mortgage. Whether the seller retains the deposit in this case or not.

• Additional points.

  In addition to the deposit itself, you can discuss various points. For example, it might be a list of documents that sellers are required to provide to buyers. Or the condition that the sellers must check out of the apartment before the sale and purchase transaction. Etc.

It is important to discuss everything in advance, because all points need to be listed in the documents below.

Stage number 2 - after negotiations, we draw up and sign documents

In order for money to be considered as a deposit, be sure to draw up 2 documents - preliminary agreement purchase and sale and deposit agreement. These two documents complement each other.

If only one of these documents is drawn up, then in court, in most cases, the deposit can be recognized in advance. Unless, of course, the parties are suing. The main difference between an advance and a deposit is that there is no responsibility for an advance. Even if one of the parties simply does not want to enter into a deal, the seller has no right to keep the advance for himself. He must return it to the buyer, and not double the amount.

To prove my words, below I have listed the fresh court decisions in disputes about the deposit. Be sure to read them.

If you are not sure that you can make a deposit on your own, I advise you to contact a lawyer for a service. For details, write to our online legal consultant. You can also consult him for free. Ask your question in the window of the online consultant at the bottom right of the screen or in

When the seller and the buyer conclude a deal for the purchase and sale of an apartment in 2019, the buyer pays an advance payment in the form of a deposit. By drawing up a deposit agreement, the seller gives a guarantee that he will not sell the property until he takes the full amount from this buyer for it. The buyer gives a guarantee that he will not change his mind about buying this particular apartment.

Download sample documents

How to issue a deposit when buying an apartment?

Deposit amount - part total cost apartments... The provision of a deposit when buying an apartment is confirmed by a receipt, a sample of which can be found below in this article or downloaded from the following. Provided that it is correctly issued, the receipt is a reliable proof that the transfer of money took place. Let us dwell in detail on the question of how to properly issue a deposit.

How to properly arrange a deposit when buying an apartment or house: its significance for a sale and purchase transaction

The deposit secures the selected product or service to a specific buyer. In case of violation of the contract by the buyer, the seller keeps the money for himself. The seller, in violation of the contract, returns the deposit to the buyer in double the amount (Article 381 of the Civil Code), unless the contract specifies other consequences.

The deposit can be returned without consequences prior to the commencement of the fulfillment of the obligation or upon its termination by agreement of the parties, as well as due to the impossibility of its fulfillment (Article 416 of the Civil Code of the Russian Federation).

You can return the deposit after the conclusion of the prepayment agreement for the apartment:

• through the courts, if the buyer changes his mind about buying an apartment when it turns out that the apartment has insufficient legal cleanliness. This happens when the seller hides some features of the property being sold, because of which the buyer will never agree to buy this apartment. In court, you can appeal to Article 451 of the Civil Code of the Russian Federation;
• if the seller has provided the buyer with inappropriate information about the real estate, the appeal can be made by Articles 10, 12 of the Law "On Protection of Consumer Rights";
• if the realtor or intermediary has appropriated the deposit as a commission. If such a condition is not spelled out in the contract, the claim should indicate Article 1102 of the Civil Code of the Russian Federation as unjust enrichment;
• when there was an adjustment to the timing of the conclusion of the main contract. For example, a buyer takes out a mortgage. The agreement states that the parties plan to close the deal on June 10, but the bank approved the mortgage only on September 10. If the buyer notified the seller in advance, but the seller still sold the apartment to a third party, you can try to return the deposit through the court, also appealing to Article 1102 of the Civil Code of the Russian Federation;
• if the bank refuses to issue a loan;
• the contract stipulates that the purchase of real estate will take place after the buyer sells his home, but the home is not for sale, and the seller gets tired of waiting.

The amount of the deposit when buying an apartment is set by the parties independently.

How is the deposit processed when buying an apartment?

When the seller insists on making a deposit, it is better to draw up a receipt for the correct execution of the transfer of money when buying an apartment. An agreement is a mutual obligation of the parties to perform the agreed actions; it does not guarantee that the transfer of funds has occurred.

How is a deposit drawn up when buying real estate, on a computer or by hand? The form of a receipt for receiving a deposit when buying an apartment can be printed on a computer, but it is better to enter personal data, addresses by hand.

This measure will help the buyer to protect their interests, especially if the document contains the following information:

• the name of the document (“Receipt for receiving a deposit when buying or selling an apartment);
• date of compilation;
• Full name, date of birth of the parties;
• passport details of the parties;
• residence address;
• the amount of the deposit when buying an apartment;
• the address of the property being purchased;
• the number of the sale and purchase agreement under which the transaction is made;
• signatures with decryption, date.

How to properly issue a deposit when buying an apartment with the help of witnesses? The receipt, drawn up in the presence of two witnesses, confirming the fact of the transfer of money with their personal signature, is very simple. A sample of such a receipt might look like this:

I, Alekseev Yuri Alekseevich ___ date of birth, passport (number, place, date, issuing authority), registration address ___ received from Yevgeny Stanislavovich Alexandrov __ date of birth, passport data (number, date and place of issue, issuing authority) __ funds in in the amount of 500,000 (five hundred thousand) rubles as payment for the house I sell with land plot(or apartment) __ address (indicating the country, city, region, street, house number) __ in accordance with the sales contract (indicate the contract number, date of drawing up). The calculation was made in full, there are no claims for payment.

The main text should be followed by the date, the signature of the compiler with a decryption. All digital values ​​are duplicated in words.

If the transaction is large, it is necessary to involve witnesses in the transaction. Their details are indicated in a separate paragraph. The phrase must also be present:

We testify that Yuri Alekseevich Alekseev (seller's full name) drew up and signed this receipt to the deposit agreement with his own hand, knowingly and voluntarily.

At the bottom indicate the full name, signature of witnesses, date. The receipt is drawn up by the person who, according to the sale and purchase agreement, is the recipient of funds for the property being sold. sample sales contract.

How to issue a deposit when buying a house with a land plot or any other real estate?

The main text can be left the same. In the receipt you need to enter the details of the house and plot of land to be sold: address, area, characteristics.

Watch helpful video

When buying an apartment, what is better to arrange: an advance payment or a deposit

Advance payment is not a way to ensure the fulfillment of obligations and not a proof of the conclusion of an agreement... The advance serves as a payment function. In all cases of non-performance of the contract, the party that issued the advance has the right to demand its return. And the party that became guilty of disrupting the deal is not responsible for this. A refund with a forfeit is provided when the parties provide for the payment of a forfeit in the advance agreement.

The party refusing to return is responsible for the unjustified use of other people's money in the form of payment of interest on the amount of these funds. An advance payment and a deposit are required to confirm the seriousness of intentions in the execution of the transaction. But the deposit is a tool that ensures the fulfillment of agreements.

How to issue an advance payment when buying an apartment?

So, an advance is the amount of an advance payment that is transferred by the buyer to the seller against future payments for the transaction, but without the security function. The advance payment plays almost the same function as the deposit, but without harsh consequences for the parties. The correct advance agreement is located at and contains:

• title;
• the full amount of the apartment;
• the amount of the advance;
• the date of its entry;
• the address of the apartment being sold;
• information about the parties to the transaction;
• information about banking organization, with the help of which all operations will take place.

A deposit, advance payment or pledge agreement when buying an apartment is always drawn up in writing and, if necessary, certified by a notary. A sample pledge agreement is located here.

How much does it cost to get a deposit from a notary to buy an apartment?

It is possible to issue the transfer of an advance payment in the form of a receipt when buying an apartment from a notary for 2000-3000 rubles.

In 2019, it is better to adhere to the following recommendations:

• in the absence of an urgent need, it is better not to make a deposit, but immediately draw up an agreement on the purchase of a house;
• a real estate purchase agreement should be concluded with a notary, and the money should be transferred in his presence with a receipt;
• do not make the deposit large, no more than 10%, since it is rather difficult to return the money if necessary;
• money is transferred after verification of documents on ownership of real estate, land. A lawyer will help you avoid fraudsters;
• you cannot transfer money personally to your hands, you need to keep it in a bank cell;
• when concluding a transaction, require the presence of all property owners;
• redevelopment must be approved by the relevant authorities;
• a deposit agreement is concluded when the buyer has money to purchase it (you may not be repaid, the bank may not transfer money on time, etc.).

Acquisition of real estate, regardless of its type and intended purpose, contains many features that it is important to know about in advance, and a lot of risks that should be insured against. It is possible to focus on similar transactions only approximately, since in each case there will be its own nuances, and changes are quite often made to Russian legislation. One of the most important components of the transaction is a deposit agreement for the purchase of a house, land plot, apartment, separate territory, building or non-residential premises... These are documents separate from the main contract, called an agreement.

The deposit agreement is concluded before the sale and purchase agreement and is necessary to ensure that the intentions of the parties are serious and the culprit will be held liable for the breakdown of the transaction. Since the occurrence of unforeseen circumstances is a fairly common picture, such a document will not be superfluous, but an additional legal protection with state support will provide. This is especially important if a financial conflict arises between the groans.

Such a written agreement compensates not only for the failure of the deal, but also for the loss of time.

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What is a deposit for?

To understand whether you really need a deposit agreement when buying a land plot, house or other real estate, you should figure out what the deposit itself is. V Russian legislation the deposit is mentioned in the Civil current code and is defined as payment to the seller of a certain amount of money in non-cash form by the buyer as confirmation of the subsequent signing of the sales contract.

It is important to remember that if a potential buyer makes a deposit without signing an agreement or other documentary fixation of this fact, he will not be able to return his funds according to the law. Only the document is a confirmation that the payment was actually made. If not, the seller can safely keep the money for himself, and the buyer has the right to file a lawsuit in court if he believes that he can provide strong evidence of the fact of transferring money in the form of a deposit. In this case, it will be taken into account whose fault the transaction did not take place, and what damage each of the parties suffered. But words alone are not enough for the court, you will have to prepare a solid documentary base, and it is very bad for the plaintiff if the relationship between the parties was not documented at all.

Example of drafting a document

When purchasing an apartment, building or house with a land plot, a sample document will look the same:

Before signing

Without an agreement on a deposit, when buying a house with a land plot, an apartment or other premises, money cannot be transferred to the seller or another person categorically. No document - no transfer by law. Excessive gullibility of potential buyers plays into the hands of scammers and unscrupulous sellers who receive money and sell real estate to a completely different person, if they sell it at all. The deceived citizen has no right to demand anything from such persons if there was no official document.

However, before signing the deposit agreement, it is important to carefully read each of its paragraphs and verify absolutely all the details with the original documents. If the seller does not have originals, this is a reason to be wary, since copies are much easier to forge. In addition, if there is indeed a valid reason for the absence of the originals, all copies must be certified by a notary. But one should not exclude fraudulent collusion, which is quite a real thing for the real estate market.

In addition, to reduce financial risks, it is important to know that:

• The buyer has the legal right to see absolutely all originals of title documents for the immovable object, the purchase of which is negotiated;
• Spouse or spouse of the owner real estate can claim such an object, therefore it is important to check whether it is jointly acquired in marriage and, if so, whether there is a written, notarized consent of the spouse to the transaction;
• At the time of signing the agreement, it is desirable that all residents are deregistered.

Pay attention to the percentage

When signing an agreement on the deposit, its amount must be agreed between the parties. It is calculated as a percentage depending on the value of the immovable object. This is usually between five and ten percent of the price the seller is asking for his property. This amount is necessarily fixed in the text of the agreement along with the terms of its change. At the same time, there are no restrictions on the amount of the deposit. The seller and the potential buyer negotiate it individually, as they deem necessary.

City ________________ ___________________ (date)

___________________________________________________________________,

(Full name, address, passport data)

Hereinafter referred to as the Buyer, have entered into this agreement on the following:

1. The Buyer gives the Seller a sum of money in the amount of: _______________________

on account of the due from him under the forthcoming contract of sale

_________________________________________________________________________

_________________________________________________________________________

(the object of sale and its value are indicated in full)

to prove the conclusion of the contract and to ensure its execution.

2. In the event of termination of the contractual obligation prior to the commencement of performance by agreement of the parties or due to the impossibility of performance, the deposit must be returned to the Buyer in full.

3. If the Buyer is responsible for non-performance of the contract, the deposit remains with the Seller.

4. If the Seller is responsible for non-performance of the contract, he is obliged to pay the Buyer double the amount of the deposit.

5. The party liable for non-performance of the contract is obliged, in addition to what is specified in clauses 3 and 4 of this agreement, to compensate the other party for losses, offsetting the amount of the deposit.

6. Disputes that may arise during the execution of the terms of this agreement, the parties will seek to resolve it in a friendly way in the pre-trial procedure: through negotiations, exchange of letters, telegrams, faxes, etc. In this case, each of the parties has the right to claim that it has the form of the results of resolving the questions that have arisen.

7. For all issues that have not found their solution in the text and conditions of this agreement, but directly or indirectly arising from the relations of the parties thereon, affecting property interests and the business reputation of the parties to the agreement, bearing in mind the need to protect their legally protected rights and interests, the parties to this agreement will be guided by the norms and provisions of the current legislation of the Russian Federation.

8. This agreement comes into force from the date of its signing by the parties, from which it becomes binding on the parties who have entered into it. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this agreement.

This agreement is valid for _____________ (until the end of the fulfillment by the parties of their obligations under it) and terminates

20___ years.

(day, month)

Termination (expiration of the term) of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violations, if such occurred during the execution of the terms of this agreement.

9. Other conditions

____________________________________________________________________

_________________________________________________________________________

Done (this _____________ agreement is concluded) between the parties - participants specified below, signed in _________________________

(city, town, etc.)

20 ___ in ______________ copies: by ___________ for each of the parties

(day, month) (amount) (how much)

contract, and all copies have equal legal force.

Signatures of the parties:

FULL NAME. ___________________FULL NAME.

(Seller buyer)