Receipt for receipt of money for a garage - deposit, advance payment and other options with a sample

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

A receipt for receipt of a deposit when purchasing an apartment is an optional document, but in many cases it is advisable to write it and attach it to the preliminary and main agreement. The receipt will serve as a guarantee of financial security and confirmation of the fact of transfer of funds to the seller.

When purchasing a property, it can be drawn up in the form of a special deposit agreement or as a separate document, a sample of which we will consider below. The document confirming the payment of a contribution for an apartment or house also provides for the return of funds to the buyer if for some reason the transaction does not take place. In addition, the receipt guarantees a double refund in the event that the transaction fell through due to the fault of the seller.

A receipt confirming receipt of an advance is not the same as confirmation of payment of a deposit. It is not regulated by the Civil Code of the Russian Federation. The advance may not be returned to the buyer, therefore, it is the deposit, and not the advance, that should appear in all relevant documents.

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Rules for issuing a receipt for receiving a deposit for a garage

Regulatory documents establish a certain list of data that must be reflected in the document:

name of the document and date of its execution;
passport details and full name of the person who issued the certificate and acts as the seller during the transaction;
passport details and full name of the real estate buyer;
an indication in numerical form and in words of the amount that was transferred to the owner of the garage by the buyer, as well as certification of the fact that the latter received the funds;
technical information about the subject of the transaction, that is, the total area of the garage, as well as its exact location (all information can be obtained from the technical passport for the property);
an indication of the fact that the owner of the property does not have any claims to the calculations made;
signatures of both parties and all persons who were present during the transaction as witnesses.

At the same time, it is worth considering some nuances that are useful to remember when conducting such a transaction:

The receipt must (always) be drawn up indicating all the necessary items provided for by current legislation and the specifics of the transaction being conducted. If you are later faced with another person in court proceedings, this document can be used as legally binding and will act as evidence that the buyer's stated requirements have been met.
Receipts should be issued only at the time of receipt of funds. The seller can indicate information about the transfer of a sum of money in free form.
The deed is drawn up by the seller by hand. The printed version will subsequently require certification by a notary.
The interested party is the buyer, and therefore he will need to monitor how correctly the receipt is filled out and whether it contains all the necessary information.

To avoid fraud

The transfer of funds in the form of a deposit for an apartment or house upon purchase should not occur without documentary evidence. If you encounter a fraudster, it is impossible to prove later that the payment was made. An executed receipt may not have legal force if it is drawn up incorrectly and lacks any mandatory details or information. Therefore, it is important to pay special attention to this document.

A correctly executed receipt can serve as a powerful argument in the event of going to court if a conflict arises between the parties, so its original must be preserved until the end. A copy without the original will not have legal force.

To avoid fraudulent activities, when transferring payment you need to pay attention to the following:

After the buyer transfers the deposit to the seller, he undertakes to purchase the apartment or house for which he paid these funds. If the buyer changes his mind and finds another option, the deposit will not be returned to him legally.

Deposit agreement

Deposit agreement. A deposit is recognized as a sum of money given by one of the contracting parties in payment of payments due from it under the contract to the other party, as proof of the conclusion of the contract (main) and to ensure its execution.

The agreement on the deposit, regardless of the amount of the deposit, must be made in writing.

Unless otherwise established by law, by agreement of the parties, a deposit may be used to secure the fulfillment of the obligation to conclude the main agreement on the terms provided for in the preliminary agreement.

Under a preliminary agreement, the parties undertake to enter into a future agreement on the transfer of property, performance of work or provision of services (main agreement) on the terms stipulated by the preliminary agreement.

The preliminary agreement is concluded in the form established for the main agreement, and if the form of the main agreement is not established, then in writing. Failure to comply with the rules on the form of the preliminary agreement entails its nullity.

The deposit agreement must contain conditions that allow the subject to be established, as well as the conditions of the main contract, regarding which, at the request of one of the parties, an agreement must be reached when concluding a preliminary contract.

The preliminary agreement specifies the period within which the parties undertake to conclude the main agreement.

If such a period is not specified in the preliminary agreement, the main agreement must be concluded within a year from the date of conclusion of the preliminary agreement.

In cases where the party that entered into the preliminary agreement avoids concluding the main agreement, the provisions provided for in paragraph 4 of Article 445 of the Civil Code are applied. A claim to compel the conclusion of the main contract may be filed within six months from the date of failure to fulfill the obligation to conclude the contract.

In case of disagreement between the parties regarding the terms of the main agreement, such terms are determined in accordance with the court decision. The main agreement in this case is considered concluded from the moment the court decision enters into legal force or from the moment specified in the court decision.

The obligations stipulated by the preliminary agreement are terminated if, before the end of the period within which the parties must conclude the main agreement, it is not concluded or one of the parties does not send the other party an offer to conclude this agreement.

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.

Deposit agreement

City of Moscow, Russian Federation Thirteenth of August two thousand and fifteen

We, KHMUROV YURY STANISLAVOVICH, born September 19, 1970, passport 77 13 No. 875648, issued by the Department of Internal Affairs of the Leninsky district of the city. Moscow 10.10.2006, residence: city. Moscow, st. Belaya, house No. 2, apt. 9, hereinafter referred to as the SELLER, and MYAKISH GALINA VIKTOROVNA, born 08/18/1961, passport 7847 No. 789546, issued by the city police department. Moscow 10.10.2005, residence: city. Moscow, st. Belaya, house No. 2, apt. 10, hereinafter referred to as the BUYER, have entered into this agreement as follows:

The BUYER transfers, and the SELLER receives, a deposit in the amount of 52,000 (fifty two thousand) rubles, which is equivalent to 1,000 (one thousand) US dollars, at the exchange rate to the ruble agreed upon by the parties on the day of settlement, for the apartment being sold, located at the address: city. Moscow, st. Belaya, house no. 2, apt. 9. The remaining amount in the amount of 552,000 (five hundred fifty-two thousand) rubles, which is equivalent to 11,000 (eleven thousand) US dollars at the exchange rate to the ruble agreed upon on the day of settlement, THE BUYER OBLIGES TO TRANSFER to the seller upon signing the purchase and sale agreement.
The cost of the property being sold is determined at 584,000 (five hundred eighty-four thousand) rubles, which is equivalent to 12,000 (twelve thousand) US dollars at the ruble exchange rate agreed on the day of settlement, and is final.
The above real estate belongs to the SELLER on the basis of the Certificate of State Registration of Rights series 77-AA 222222, issued by the Office of the Federal Registration Service for the Moscow Territory on November 11, 2007, an extract from the Unified State Register of Rights to Real Estate and Transactions with It, issued by the Office of the Federal Registration Service in the Moscow region on November 11, 2007 under No. 11/177/2007-777. The SELLER is responsible for the authenticity of the documents submitted for the property being sold at the time of concluding the purchase and sale agreement.
The BUYER is familiar with and agrees with the technical condition of the property being sold.
The deadline for signing the purchase and sale agreement is until the FIRST of September two thousand and fifteen.
The costs of drawing up the deposit agreement and concluding the purchase and sale agreement are paid by the BUYER.
Conditions of the deposit (Articles 380, 381 of the Civil Code of the Russian Federation): if the SELLER refuses to sign the purchase and sale agreement after receiving the deposit, the latter undertakes to return the deposit to the BUYER in double amount. If the BUYER refuses to sign the purchase and sale agreement, the deposit remains with the SELLER.
This deposit agreement is drawn up and signed by the parties in two copies, one for each of the parties.

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

Receipt

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

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

A receipt is a guarantor of the transaction. It is necessary to confirm the transfer of money in writing if you plan to return a property deduction or, in other words, income tax.

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.

When preparing purchase and sale documents, prepare a sample form. In this case, the sample will make the task easier: it will save you from annoying mistakes and save your time.

Consequences of the deposit

If the obligation is terminated before the start of its execution by agreement of the parties or due to the impossibility of fulfillment “(Article 416 of the Civil Code),” the deposit must be returned.

If the party who gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit.

In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract.

Source

Agreement on deposit between individuals

Document type: Deposit agreement

To save a sample of this document to your computer, follow the download link.

Document file size: 12.7 kb

When concluding transactions, individuals very often forget that an agreement certified by a notary is considered official and legally correct. That is why the deposit agreement must be concluded in the presence of a notary; only in this case will it truly protect the interests of the parties.

Principle of filling out the contract

The deposit agreement must be completed in stages:

entering information about the parties to the agreement;
information about the amount of the deposit;
information about the subject of the agreement;
information about the full market value of the contract object.

As for the personal data of the parties to the agreement, this includes passport data, full name, year of birth and registration address. The amount of the deposit is indicated in the amount in which it is transferred to the seller of the property. Indicate the exact and reliable amount of the deposit in the interests of both the seller and the buyer. As for the market value of the object of the contract, it must be previously agreed upon; this can be done through negotiations or by inviting an appraisal expert.

After all clauses of the agreement are completed, the parties to the agreement must study in detail all the terms of the agreement and only then sign it.

Procedure for drawing up a deposit agreement

Initially, the main terms of the transaction are discussed verbally between the seller and the buyer. Only after this the total amount of the transaction and the size of the deposit are clarified.

Although we said that certification by a notary is not necessary, we still recommend concluding agreements with his help. It is best if the buyer chooses the notary.

After the notary has been selected, a sample deposit

().

Please note that when signing the agreement with a notary, the personal presence of all co-owners of the apartment is required. Instead of presence, you can also use notarization of their consent.

Download Agreement on deposit between individuals

Agreement on deposit between individuals No.

1. The Buyer transfers to the Seller a deposit in the amount of rubles as payment under agreement No. dated " ".

2. If the Buyer is responsible for failure to fulfill contract No. dated " ", the deposit remains with the Seller. If the Seller is responsible for failure to fulfill the contract, then he is obliged to pay the Buyer double the amount of the deposit.

3. When transferring the deposit, the Seller transfers to the Buyer the following documents: .

4. Disputes that may arise during the execution of the terms of this agreement, the parties will strive to resolve through negotiations.

5. The validity period of the agreement is established from the moment of its signing and is valid until the fulfillment of its obligations by each of the parties.

6. Termination (expiration) of the validity period 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 any occurred during the fulfillment of the terms of this agreement.

7. Article 381 of the Civil Code of the Russian Federation was explained to the parties by the notary.

8. If force majeure circumstances occur that are beyond the reasonable foresight and control of the parties, the parties are released from liability for obligations related to the complete or partial failure to fulfill this Agreement for the duration of such circumstances or their consequences.

9. The concept of force majeure is defined in accordance with the current legislation of the Russian Federation.

10. The parties undertake to inform each other within seven calendar days from the date of the event about the occurrence and termination of force majeure circumstances, about the expected duration of their validity in writing signed by authorized persons.

11. The party for which force majeure circumstances have arisen is obliged to take all actions within its control in order to reduce the damage caused by such circumstances for both parties, and in the event of failure to take the necessary measures to preserve any valuables at the disposal of the parties, the other is obliged to cover these losses side.

12. The occurrence of force majeure must be confirmed by the Chamber of Commerce and Industry of the Russian Federation or other official body.

13. The Agreement is concluded in 2 copies having equal legal force, one copy for each Party.

14. Any agreement between the Parties entailing new obligations that do not arise from the Agreement must be confirmed by the Parties in the form of additional agreements to the Agreement. All changes and additions to the Agreement are considered valid if they are in writing and signed by appropriate authorized representatives of the Parties.

15. A Party does not have the right to transfer its rights and obligations under the Agreement to third parties without the prior written consent of the other Party.

16. References to a word or term in the Agreement in the singular include references to that word or term in the plural. References to a word or term in the plural include references to that word or term in the singular. This rule is applicable unless otherwise follows from the text of the Agreement.

17. The Parties agree that, with the exception of information that, in accordance with the legislation of the Russian Federation, cannot constitute a secret of a person, the contents of the Agreement, as well as all documents transferred by the Parties to each other in connection with the Agreement, are considered confidential and relate to the secret of the Parties, which is not subject to disclosure without the written consent of the other Party.

Sample (template and form of receipt) for processing a deposit for a house

1.1.
The Buyer pays the Seller a deposit amount in the amount of ………………………………………………………….………………(…………………..) rubles. (in words / in numbers)

to secure the purchase and sale agreement concluded by the Parties for a land plot owned by the Seller by right of ownership.

1.2. Land plot: located at: …………………………………………….………………..………………., cadastral number ……………… …………………………………..…………..………………total area ……………………………………………………… ………………… square meters, (in words) permitted use: …………………………………..……………………….category of land: ……………… ……………………………..…………………………..there are no buildings, structures or structures on the land plot.

1.3. The price of the Land Plot is determined by the Parties in the amount

….………………………………………………………………………………………(……………) rubles. (in words / numbers)

and remains unchanged until the purchase and sale agreement is signed.

1.4. The deposit specified in clause 1.1. of this agreement is not subject to value added tax (VAT).

1.5. The land purchase and sale agreement must be concluded on time

………………………………………………………………………………………………………………… (date or event upon the occurrence of which the contract will be concluded )

2. Payment procedure, receipt of a deposit 2.1. Buyer ………………………………………………………………………………… (transfers the deposit in cash / transfers the deposit to the Seller’s bank account)

the entire amount of the deposit specified in 1.1. of this Agreement upon signing this Agreement.

2.2. Payment of funds as a deposit is carried out personally by the Buyer.

2.3. The date of payment of the deposit is considered to be ……………………………………………………….(date of transfer of the deposit to the Seller in cash / date of receipt of the deposit amount to the Seller’s bank account)

4.1. This Agreement comes into force on the date of its signing and is valid until “…..” …………………. 20….. g.4.2. The deposit agreement is terminated when the deposit amount is returned to the Buyer in the case provided for in Article 3.4. actual agreement.

An agreement drawn up correctly and containing all the necessary details acquires legal force from the moment both parties put their signatures. Such an agreement does not require notarization, but the parties to the transaction have the right to seek the services of a lawyer or notary to secure their transaction.

Mandatory details of the deposit agreement:

Date and place of drawing up the contract.
Details of the parties to the agreement. An individual registers his full name, place of birth, passport details and registration address in accordance with personal documents;
Information about the amount of the deposit transferred in numbers and in words (the clause of the contract must indicate that the funds are transferred as a deposit).
Information about the apartment for which a preliminary amount is paid:

mailing address;
cadastral number;
room area;
the full cost of the premises, which will be indicated in the main contract;
and other technical characteristics.

Method and procedure for transferring the deposit.
Rights and obligations of the seller and buyer.
The procedure for returning the deposit in case of refusal to fulfill the terms of the contract.
The terms or date of the main purchase and sale agreement.
Full details of the parties to the agreement and their personal signatures.

We invite you to familiarize yourself with: Calculation of claims - sample and rules for filing a settlement with the court.
The deposit agreement can be drawn up on a standard form with modifications in each specific situation. It is unacceptable to contain errors, typos or corrections in the document.

Sample deposit agreement for purchasing an apartment. doc

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.

The deposit agreement is a preliminary part of the transaction, therefore, after transfer of the deposit, the parties:

within the period established by the agreement, sign the main purchase and sale agreement;
make final payments for the apartment;
carry out the procedure for state registration of the transfer of ownership to the buyer.

A copy of the deposit agreement, the main agreement and the receipt are confirmation that the transaction took place and is legally valid. In case of disagreement, the parties have the right to go to court by submitting these documents.

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Definition

A deposit is a strict guarantee of fulfillment of all terms of the contract: for these purposes, one party provides the other with a certain amount of money, which they may lose if the contract is not fulfilled due to the fault of this party. If the other party who received the funds is guilty of non-fulfillment, he is obliged to return them in double amount. It is also possible to recover damages associated with non-performance if evidence is provided by the interested party. All these rules are contained in Art. 381 Civil Code of the Russian Federation.

In order not to make a mistake when drawing up such an important document as a deposit agreement, prepared by lawyers, and using it for your tasks is the best decision. But first you need to decide on the type of form.

Prepaid expense

Art. 487 of the Civil Code of the Russian Federation considers advance payment as one of the terms of the contract, where the goods are paid in advance in full or in part at the appointed time. Part of the prepayment is an advance payment.

When the advance is not paid on time, the rules of Art. 328, and the party not receiving it has the right:

suspend fulfillment of your obligations;
refuse to comply with them;
demand compensation for losses.

When the seller does not deliver the goods on time, the buyer may demand:

hand over the goods to him;
return the amount of the prepayment (advance payment).

If the seller does not fulfill the requirements, interest is charged on the advance amount in accordance with the key rate (Article 395). They are calculated from the day the item is due to be handed over until the day it is handed over or the day the money is refunded.

Deposit	Prepaid expense
Indicates the validity of intentions to sell and buy an apartment	Is a condition of an already concluded contract
Remains with the seller when the apartment is not sold due to the fault of the buyer, and is returned in double amount to the buyer - if there is fault of the seller	Returned in the same amount
Under the contract, the guilty party may be compensated for losses taking into account its amount	Interest is charged on the prepayment amount at the key rate

When concluding a deposit agreement or a purchase and sale agreement, other conditions regarding penalties may be provided if they do not contradict the norms of the legislation of the Russian Federation.

Shape and types

In what form is the deposit agreement concluded? Only in writing, this is specifically established in paragraph 2 of Art. 380 Civil Code of the Russian Federation. Failure to comply with the written form of the deposit agreement does not lead to the invalidity of the agreement itself. However, in this case, the parties are deprived of the right to refer to witness testimony. In addition, in paragraph 3 of Art. 380 of the Civil Code of the Russian Federation states that if doubts arise about the security role of the deposited sum of money, in particular if the written form is not observed, these funds are recognized as an advance. Thus, the consequences specified in Art. 381 of the Civil Code of the Russian Federation cannot be applied, the rules on advance payments apply.

There are two options for registering this interim measure:

agreement with the seller on the deposit (or with another party, named depending on the type of legal relationship) - in the form of a separate written document;
inclusion of conditions on the guaranteed amount in the contract of the main obligation.

In any case, it is necessary to indicate correctly and completely the interim measure in order to avoid the application of clause 3 of Art. 380 Civil Code of the Russian Federation.

Agreement on deposit, sample 2020

Agreement

As noted above, a receipt for receipt of a deposit for an apartment is drawn up only when there is an agreement on its payment. How to compose it correctly?

The contract must indicate:

All owners and buyers of the apartment (full full name).
Passport details.
Information about registration and places of actual residence.
The full cost of the apartment.
The amount of the deposit (in numbers and in words with a capital letter in brackets).
Information about the purchased housing: location, area.
Conditions on the responsibility of each party to leave the entire amount with the seller or return it in double amount to the buyer - depending on the guilt of the parties.
Other measures of liability that do not contradict the law.

The agreement is drawn up in 2 copies. Notarization is not provided for it.

Preliminary contract for the purchase and sale of real estate

Until 2008, the issue of including a guarantee amount clause in a contract was considered controversial in judicial practice. Courts often took the position when regulating relations arising from a preliminary agreement that the rules on this type of security cannot be applied to them, since there is no monetary obligation (if the sale and purchase agreement itself was not concluded). As a result, the judicial authorities recognized the amount of money paid in advance as an advance with all the ensuing consequences. On July 22, 2008, the Supreme Court of the Russian Federation adopted a ruling on a similar issue; the court sided with the depositors. Federal Law No. 42 of 03/08/2015 amended Art. 380 of the Civil Code of the Russian Federation, paragraph 4, which separately established the rule that this type of interim measures can also be applied when concluding a preliminary contract.

Thus, now let’s assume a deposit agreement for the purchase of non-residential premises; a sample of it can be downloaded below.

Contents of the receipt

The receipt for receipt of the deposit is a logical continuation of the deposit agreement, and, therefore, must include information about this agreement. This means that the contents of the receipt will consist of the following data:

Full name, addresses, passport details of the buyer and seller;
information about the concluded agreement. For example, “In accordance with the terms of the deposit agreement concluded on November 11, 2021 between Ivanov I.I. and Petrov P.P., I, the seller Ivanov I.I., accepted from the buyer Petrov P.P. a deposit in the amount of 100,000 rubles (one hundred thousand) to secure the transaction for the purchase and sale of apartment 7 in building 8 on the street. January 9, 1905, city of Kaluga";
information about the parties’ awareness of the provisions of Art. 381 Civil Code of the Russian Federation;
information that, by virtue of the terms of the contract, the amount of the deposit is included in the price of the alienated property;
date and signature of the seller.

If there are several sellers (for example, with joint ownership), then the receipt is drawn up in one copy, but on behalf of all sellers. For example, “We, I.I. Ivanov, A.I. Ivanov and B.I. Ivanov, received from the buyer P.P. Petrov. deposit in the amount of 100,000 rubles.” Accordingly, all sellers sign the receipt.

We recommend that you take a very critical view of those online materials in which readers are told about the need for each co-owner to draw up a receipt. This is not true. A receipt is a document confirming the transfer of one specific amount. Two receipts mean two amounts, three receipts mean three amounts. Be careful.

Design rules

How to properly draw up a deposit agreement? First of all, it is necessary to comply with the written form. Notarization and state registration are not required, regardless of the object of the transaction. However, if desired, notarization is possible, which can reduce the risks during legal proceedings.

Details of this document:

indication of the parties: identifying characteristics of individuals are last name, first name, patronymic and place of residence, but it is better to record details of other personal documents (for example, TIN);
Title of the document;
content of the transaction: what is it about; a complete description of the object, if we are talking about purchase and sale;
the amount of funds deposited;
deadlines for fulfilling the terms of the contract or agreement on an interim measure;
signatures (it is also advisable to obtain a transcript).

The agreement on making a deposit is drawn up in two copies for each of the parties. A receipt must be drawn up for the transfer and receipt of money so that there is proof of execution of the application of this interim measure. The receipt needs:

indicate which document the amounts are being paid for and for what,
put signatures with transcripts and full data of the depositor and recipient.

Rules for filling out a receipt for receiving money for a land plot

This type of receipt is subject to the same requirements as the document for the house:

Written by hand;
FULL NAME. and passport data of the seller and buyer;
The transferred amount is recorded in numbers with the explanation in parentheses;
All information about the acquired plot of land is entered (area, category of plot, cadastral register number);
The writer must put his signature with a transcript (in full indicating “last name first name patronymic”).

It would not be amiss to adhere to a few more recommendations when drawing up such documents:

The seller personally writes a confirmation that he personally accepted the entire amount (two copies are enough). Please note that you cannot use carbon paper when preparing this type of paperwork;
Before the transaction, be sure to check whether the seller is the owner of the property. Do not give the deposit or part of it to a third party;
When writing a confirmation of full settlement between the parties, use a simple pen with blue ink;
It is not necessary to invite witnesses at this stage. But if they are present, make sure that they are not relatives of the former owner of the property;
Check all the data specified in the receipt, check the signatures in the passports with the signatures on the completed paper for each of the participants;
Previously, it was required to put signatures on both sides of the guarantor. Today, it is enough to have the recipient of the money painted (as well as the witnesses - if they are present). It would also be a good idea for the buyer to write on the back side in the corner, in order to eliminate the possibility of document substitution.

Sample preliminary contract for the sale and purchase of a garage with a deposit

Home » Documents » agreements » Purchase and sale agreements » Sample preliminary agreement for the sale and purchase of a garage with a deposit

A garage purchase and sale agreement is a responsible document, the execution of which must be carried out at the highest level; it is also a transaction signed by the interested parties, while having the most important information about the subject of purchase.

It happens that such construction projects are located on someone else’s land, or were built illegally.

Therefore, before purchasing, you should make sure that all documents are in order, and the object is not subject to demolition, this will allow you to avoid serious problems in the future, unpleasant situations, etc.

An agreement for the sale and purchase of a garage with a deposit is usually concluded with the aim of providing a guarantee, then the main transaction will be executed on the terms that were previously agreed upon by the parties. The parties independently decide the issue regarding the date of signing the main agreement.

Example document

To avoid errors, when drawing up a receipt, you can use the following sample:

R A S P I S K A

(place of compilation)
(date of compilation)
I, (full name of the seller without abbreviations)

, date of birth
(indicate the year),
passport data: received from
(full name of the buyer without abbreviations)
, date of birth
(indicate the year),
passport data:
(series and number, date of issue, where and by whom it was issued, address of the last registration according to the passport)
a deposit for the apartment I am selling, which is located at the address:
(full address)
in the amount of
(indicate the amount in numbers and necessarily in words)
rubles under the contract
(or preliminary contract)
of purchase and sale from
(date of drawing up the contract).

(personal signature of the seller)

(initials and surname of the seller)

This example does not need to be repeated verbatim, but information such as passport details, addresses, dates, monetary amounts and signature must be present as they appear on the relevant documents.

Sample of a standard preliminary agreement for the sale and purchase of a garage with a deposit

As you know, the deposit is a sum of money, it is paid before the main contract was concluded, in the future it is necessarily taken into account in the process of final settlements, and is not refundable in case the transaction is abandoned, which is often happens.

Sometimes situations arise when a deposit is transferred on the basis of a preliminary agreement; this also includes situations when the payment of a deposit will be accompanied by the preparation of a receipt indicating that funds have been transferred and received.

As for the preliminary agreement, it must contain the data of both parties, the essence of the future purchase and sale agreement is also taken into account, and the amount of the deposit paid by the buyer is also taken into account.

We draw up a sample receipt for receiving money

We wrote above what a receipt is and exactly how it should be used. Let us say right away that the receipt form for receiving money must be filled out by hand with a blue pen. There is quite a bit of controversy about the need to write the entire text of the receipt by hand. Any corrections or cross-outs in the sample receipt are simply unacceptable. If even one mistake was made, ask the seller to rewrite the sample receipt.

Please note that notarization of the receipt is not required, since this document is simply not valid without the main document (purchase and sale agreement). Likewise, any copies of the receipt will be considered invalid, so the original document should be protected.

Contents of the preliminary agreement for the sale and purchase of a garage with a deposit

When highlighting the mandatory attributes of a document of this type, the following factors should be included:

of course, this is the date of signing;
contract number;
the name of the city where the purchase is made;
signatures of the parties to this transaction;
but also, of course, the presence of original seals.

The introductory part usually includes the necessary information about the parties to the transaction. This includes identification information about the participants in this transaction.

Therefore, it is considered to be a responsible and important part of the contract. The subject of the contract, as a rule, is the transaction – the purchase and sale as a whole. It is mandatory to indicate a security deposit, which is part of the transaction price.

As a rule, this is the most important point, which will imply liability in the event that there is a failure in terms of the final execution of the main contract.

Sample preliminary agreement for the purchase and sale of a garage.

For a sample contract for the purchase and sale of an apartment with installment payment, see here.

Read about a sample contract for the sale and purchase of lease rights at the link: https://uropora.ru/dokumenty/dogovor-kupli-prodazhi-garazha.html

It is also worth indicating whether the collateral funds will be returned and in what specific situations this is possible.

By highlighting preliminary agreements, they will begin to carry obligations for the participating parties in the future signing of an agreement, in which all the necessary conditions previously described must be met. This fact indicates how important it is to draft a document competently and correctly; accordingly, it is best to involve experienced lawyers already at this stage.

Don't forget to enter a record, it will indicate the date on which the transaction should be completed.

Naturally, you can introduce a liability clause; if the deadlines are not met, liability is imposed strictly on the culprit, as a result of which the deal was disrupted. But there is a factor that can remove them, this includes the conditions specified in the “force majeure” section, because situations can be different.

In addition to all that has been said, the contract must also contain a clause that informs about the amount of the deposit to be paid, this includes detailed explanations that it will be paid as repayment of part of the cost of the property that is actually being purchased.

Receipt

To correctly write a receipt for receiving funds, you need to take into account a number of points.

The receipt for the sale of an apartment is written by hand by the person receiving the money (the seller) with a ballpoint pen. This recommendation is taken from practice - gel, ink, and especially pencil, are easier to erase or fade.
When the text is typed on a typewriter or computer, notarization will be required. Writing by hand has the advantage that if it is necessary to go to court, it is possible to conduct a handwriting examination.
The title should indicate that it is the deposit for the apartment that is being transferred, so as not to confuse it with an advance payment.
The place and date the document was compiled is indicated at the top.
The full names of the parties transferring money and those receiving them are written down in full. All passport details are indicated.
The amount is written in numbers and then in capitalized words in brackets.
A link to the deposit agreement indicating its date and number (if any) is desirable.
You should also indicate information about the apartment so that it is clear that the money is given specifically for it. In addition to the address and area, it is advisable to place a link to documents evidencing the rights of the owner.
The seller's signature must match that on his passport.
The date of receipt of money corresponding to the date of drawing up the receipt is indicated at the bottom.
It is always better to transfer money with 2 witnesses; ideally, they should be strangers, uninterested. It is advisable to include their details in the text of the receipt.

The amount of the deposit is not established by law. Typically it ranges from 7 to 10% of the total cost of housing.