Receipt for receipt of funds for a land plot: sample

Receipt for inseparable improvements: risks

In general, the receipt serves as a loan agreement or records the fulfillment of financial obligations under a contract or alimony. According to the agreement, everything is more or less clear. But in our practice, we often encounter a situation where the actual value of real estate under a purchase and sale agreement is distorted, and the seller writes a receipt for the difference.

So, IF THERE IS NO SEPARATE AGREEMENT under which the money was received (in particular, receipts for inseparable improvements), such a receipt will be a promissory note. It states that one party (borrower) takes a specific amount from the other party (lender or creditor) under specific conditions, undertakes to repay within a certain period or before a specific date, or not to repay if a number of conditions are met. If the repayment period is not specified (and it is not indicated in the receipts for the “additional payment” for the apartment), then the amount must be returned by the borrower within 30 days from the date the lender submits a request for this. In the case where the receipt is considered as a loan agreement, we are talking about a promissory note. This is the most common purpose of this document.

That is why, if you are selling or buying real estate “with permanent improvements,” enter into a separate contract for the purchase of these improvements.

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For reference! The peculiarity of this type of loan agreement is that it is drawn up in one copy, which is kept by the lender. When repaying a debt or fulfilling an obligation, the document is handed over to the borrower.

Conditions of receipt

It is similar to a mortgage, but instead of borrowing money from a lender or bank, the buyer makes payments to the property owner or seller until the purchase price is paid in full.

The buyer and seller sign a document covering the agreed upon terms of sale. Once all terms of the contract are met, including payment of the purchase price within a certain period of time, legal title to the property passes from the seller to the buyer in the form of a warranty deed used to transfer title.

Recommendations and requirements for drawing up

Incorrect drafting of a document leads to legal consequences. That is, in order to be able to make demands on the debtor using a receipt, it must be properly drawn up.

Basic requirements for this document:

A clear inscription “receipt” located in the middle of the sheet;
Below on the left side, the locality where it is drawn up or where the place of fulfillment of the obligation is located is indicated (in 90% of cases we observe that sellers simply do not write the place of preparation);
The line below or opposite the place of preparation, on the right side, indicates the date of preparation of the document - day, month and year;
Next, the details of the parties and their roles are written down - who transfers money to whom;
Last name, first name and patronymic (full name) are entered in full, without abbreviations - for example, Petr Vladimirovich Ivanov;
After the full name, passport data is recorded (series, identification document number, by whom and when it was issued), date, month and year of birth, place of permanent (and temporary) registration;
Amount of cash loan - the digital designation is duplicated in words;
The currency in which the loan is provided, other features of the transaction;
The term for providing money or the date by which the borrower agrees to repay it. And also, if applicable, the conditions under which the amount is not refunded;
What are the funds transferred for, under what agreement or obligation (if applicable);
After the text of the receipt, the full name and signature of the person who wrote it is placed. If desired, the lender (in real estate transactions - the buyer) can certify the receipt with his signature.

The presence of witnesses is not the main argument in a lawsuit if the dispute is regarding the conditions specified in the receipt. But they can confirm the very fact of writing such a document, the state of the parties at that moment. In this case, their presence is indicated in the text of the receipt, and the witnesses also sign the document.

For reference! If it can be proven that the receipt was drawn up and signed under physical and/or psychological pressure, it will be considered void.

Why is it necessary when buying or selling?

Receipt for receipt of funds for a land plot is a document showing when, where and for what reason payment was made and received. Is a confirmation of the transfer of money.

There are several reasons for writing a paper:

insufficient reliability of the seller;
the likelihood of denying the fact of receiving money;
the need to confirm the costs of purchasing memory.

A receipt will be needed if a citizen plans to return income tax funds. It is compiled at the time of transfer of money and stored with the main package of documentation for the purchased plot.

The paper is a legally significant document - if the owner’s rights are violated, it can be taken to court.

Note! The document is drawn up by the person accepting the money - the seller. If a citizen does not have the opportunity to personally accept finances, a representative does this for him. In this case, the document indicates that the money was received by proxy. Its details must be written down: date, place of issue.

Dependence of legal force on format

So, there is no requirement under Russian law that a receipt be drawn up by hand or using office equipment. However, lawyers recommend writing it by hand.

The handwritten version compiled by the debtor confirms the following:

He was aware of the obligations he was taking on;
There was time to think and make a decision (at least during the discussion and writing of the document);
Was not under the influence of any substances or in a state of emotional distress.

The latter is established during a handwriting examination and is additionally confirmed by witnesses. But if the receipt is printed and the debtor only signs, then the validity of his intentions may be questionable. And often the courts are inclined to side with debtors who manage to prove that they were misled, they did not realize the essence of what was happening, and the signature was put on a different occasion.

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Notary

The law does not oblige you to take a receipt to a notary or draw up a document in his presence. But, as in previous cases,

a notarized receipt indicates the intent of the parties. Courts accept such agreements as evidence without any reservations.

In addition, the Buyer himself is interested in drawing up a receipt from a notary. The latter will verify the Seller’s identity and check his legal capacity and mental state.

In this case, the document can also be compiled in printed form. Notarization eliminates many doubts; in order to recognize such a document as void, compelling reasons and documentary evidence are needed. If they are, even a simple handwritten version will not help.

Receipt and shared ownership

A receipt plays a special role if real estate has several owners or if it is necessary to draw up a document about receiving money for a tax deduction. Such a document is very important in the case when it becomes necessary to issue a package of documentation to the tax inspectorate for the purpose of property deduction.

When real estate has several owners, each party undertakes to draw up a receipt on its own behalf. Such receipts have their own distinctive features, from which the final form of the receipt takes on the following variant, which can be considered in the following example:

the real estate property is sold for _______ rubles, it is in shared ownership;
you should indicate the size of the shares and their owners, for example, ½ of the share is at the disposal of (full name of the owner) and ¼ of each (full name of the owners);
the amount of money must be fixed based on the shares of each party;
papers of this kind do not need to be certified by a notary.

A receipt for a tax deduction can be handwritten or printed on a computer. For tax purposes, the receipt must include the following information:

city, district, region;
date of preparation of the document;
full name;
passport ID;
who issued the passport and other passport data;
the fact of receiving the amount from the buyer;
detailed passport data of the buyer;
purchase amount in numbers and words;
on the basis of which document the transaction was made, for example, on the basis of a purchase and sale agreement;
at what address is the real estate property located?

It is important to pay attention to the correct entry of data from both parties, as well as the correct amount of money and address.

The document must be written in duplicate, but it cannot be completed using carbon paper. Papers must be identically filled out by hand or typed in a word processor.

Witnesses must not be related to either the buyer or the seller, but must be independent parties. All signatures must be verified with those affixed to citizens’ passports. To completely protect himself and guarantee the successful completion of the transaction, the buyer must put his handwritten signature on the back of the document, in the corner. This technique will allow you to avoid substitution of documentation.

In what form should there be a receipt for the transfer of money for the house?

Usually people are concerned about the legal validity of the receipt. Is there really a money back guarantee in case of unfavorable circumstances?

Let's try to answer this question. As a rule, a receipt for the transfer of money for a house can be presented in the form of two options:

Simple written. This receipt is written by hand and there are no stamps on it. It only outlines the main points regarding the transfer of real estate. At the end of the document, signatures of both parties are placed with a transcript. It is best to write such a receipt by hand, since in the event of a disagreement, it may be necessary to check the handwriting to determine the debtor. If the text in the receipt is printed on a computer, then the examination of the signatures indicated at the end of the document will be very difficult.
Certified by a notary. The notary is an additional guarantor of the legality of the transaction. In the event of a disagreement and a trial, handwriting examination will not be needed, since the identity of both parties will be recorded by a notary. If either party wishes to have a printed version of the receipt with them, it is recommended that the documents be certified by a notary.

Certificate of acceptance of transfer of land plot sample 2021 Rosreestr

conditions for purchasing a land plot through a competition (attached in case of sale of a land plot through a competition),
the pledgee's claim for the debt (attached if the subject of the agreement is encumbered with a pledge),
power of attorney of the person authorized by the seller to act on his behalf when concluding the contract (attached if the contract is signed by a person authorized by the seller),
power of attorney of the person authorized by the buyer to act on his behalf when concluding the contract (attached if the contract is signed by persons authorized by the buyer).

Seller “, and full name, year of birth, gender – male, citizen of Russia, place of birth in the mountains. How to register the purchase of a land plot If you do without a notary, then registration may take 10 working days.

The main stages of filling out a deposit and drawing up a receipt for the transfer of money for a house

Before proceeding to the main part of concluding the transaction, it is necessary to check that the agreement on the payment of a deposit does not imply the payment of a deposit or an advance payment, since these terms are often confused with each other. As mentioned above, the earnest money differs from the deposit in that it is not refundable, except in situations where the seller has violated the terms of the contract and undertakes to compensate for the damage.

When concluding a real estate purchase and sale transaction, you should:

make sure that there is a purchase and sale agreement, as well as information in it about the procedure for crediting funds for real estate;
when transferring money, it is necessary to clarify whether all owners are registered in the original documents;
check that in the receipt for the transfer of money for the house, all data is written in exactly the same way as in the original documents (with all abbreviations, if any);
the owner must sign the document with his own hand and in the presence of all interested parties.

It is important to keep in mind that the receipt itself is not an agreement, but only an annex to it. The deposit agreement can be drawn up in any form.

When purchasing real estate, the deposit agreement is filled out in several stages. At the first stage, it contains information about all participants in the process. Then data is entered on the subject of the contract, the price of the object and other terms of the transaction.

Below are the main stages of concluding a transaction:

the seller is independently deregistered;
registration and conclusion of the contract;
re-registration of property rights;
transferring funds in rubles.

Sometimes the transfer of funds is carried out using a banking service such as the provision of safe deposit boxes. Bank employees first check the amount. The final transfer of money occurs only after the bank receives a document confirming the completion of the transaction.

To do this, it is necessary to make only formal changes to the clause of the agreement on the method of transferring funds.

It is advisable to invite a specialist with extensive experience who can accurately estimate the cost of a house or apartment.

It is recommended to indicate the actual market value of the property, since this will be a guarantee for all parties to the transaction for lawful resolution in disputed situations.

In the event of conflict situations related to violation of the terms of the agreement by any of the parties, it is best to seek advice from a lawyer in order to competently draw up a statement of claim in court.

Land purchase and sale agreement, sample 2021 (Rosreestr)

The standard form of the agreement implies an indication in the text of the agreement of the obligation of the seller to transfer, and the buyer to accept and pay for the land plot in the manner established by the agreement in accordance with Art. 556 of the Civil Code of the Russian Federation.

The purchase and sale agreement for a land plot, in accordance with Article 550 of the Civil Code of the Russian Federation, must be concluded in writing. The form of the agreement is determined by Article 434 of the Civil Code of the Russian Federation, according to which the agreement can be concluded in any form provided for transactions. If the parties agreed to conclude an agreement in a certain form, it will be concluded if it is given such a form, even if the law does not require such a form.

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