Advance payment agreement for an apartment, 2021, 2022 - Real estate purchase and sale agreement

The concept of an advance can be characterized as follows - it is some prepayment in the form of a sum of money or some property value. An advance can be used in different types of contracts and is part of the amount of any transaction. It can be used when purchasing real estate, paying for certain works, and in other cases.

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The advance payment agreement is a written confirmation of the transfer of an advance payment in favor of the Seller. Below we will look at how an advance agreement is concluded using the example of the purchase and sale of an apartment.

Information for the document

The concept of an advance is not officially defined in current legislation, however, according to paragraph 3 of Art.
380 of the Civil Code of the Russian Federation, an advance is any amount pre-paid by the buyer towards payments due to the seller, but only if the agreement does not stipulate that this amount is a deposit. The general requirements for preliminary agreements, provided for in Art. 429 of the Civil Code of the Russian Federation.

Features of document preparation

Completed sample order
What is the difference between a deposit and an advance?
Contents of the advance payment agreement for an apartment
What to pay attention to when drawing up a contract

What is the difference between a deposit and an advance?

The main difference between an advance and a deposit lies in the consequences that occur in case of failure to fulfill the main obligation for the security for which the deposit agreement is concluded.

If the advance payment is actually an advance payment for the apartment, then the deposit is a condition for its fulfillment, that is, security - clause 1 of Art. 380 Civil Code of the Russian Federation.

If the seller of the apartment fails to fulfill his obligations to conclude the main agreement for the purchase and sale of the apartment, the buyer receives the right to demand double the amount of the deposit from the seller - Art. 381 Civil Code of the Russian Federation.

The legal norms established in relation to the deposit cannot be applied to the advance; the norms established in relation to the loan are applied to it, that is, the actual return of the prepaid amount.

Contents of the advance payment agreement for an apartment

The requirements for the advance agreement are listed in Art. 429 of the Civil Code of the Russian Federation, and are mandatory for all types of preliminary agreements.

The advance agreement must be concluded in writing. Failure to comply with this form leads to its recognition as void - Art. 429 of the Civil Code of the Russian Federation. In addition, an agreement on a penalty not drawn up in writing entails consequences in the form of declaring it invalid - Art. 331 Civil Code of the Russian Federation.
The advance agreement necessarily stipulates the period during which the main agreement for the purchase and sale of the apartment will be concluded.
The subject of the contract is established, not only the location of the apartment is indicated, but also its technical characteristics.
The amount of the advance payment made by the buyer, as well as the timing and procedure for transferring funds, are agreed upon.
The main terms of the main agreement are agreed upon, for which an advance payment agreement is concluded.

Important! If the advance agreement does not specify the period during which the parties undertake to conclude the main agreement for the purchase and sale of an apartment, then this obligation must be fulfilled within a year from the date of conclusion of the agreement.

In order to avoid problems in the form of failure to fulfill obligations on the part of the seller, namely refusal to enter into an agreement for the purchase and sale of an apartment, it is necessary to include in the advance agreement the conditions for the accrual and payment of penalties provided for in Art. 330 - 333 Civil Code of the Russian Federation.

What to pay attention to when drawing up a contract

Before drawing up a deposit agreement, it is necessary to check the authenticity of the documents provided, both for the apartment being purchased and for the seller himself.

The contract should provide for the seller’s obligations to deregister all residents registered in the apartment he is selling. This especially applies to minor family members. If the apartment is in shared ownership with a minor, then permission from the guardianship and trusteeship authority is required for its sale.

Before drawing up the contract, it is necessary to find out whether the parties are in a marital relationship; if so, then when drawing up the main purchase and sale agreement, the spouse’s permission to buy and sell real estate will be required.

The absence of a spouse's permission to carry out a transaction with real estate that is jointly owned by them is a good reason for declaring the purchase and sale transaction invalid if it is challenged in court.

Certification by a notary

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

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

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

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

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

Advance agreement

Moscow city "___"________________ 20___
We, Gr.______________________________________________________________________________________________________________________________,

passport_______ series _________ No. ______________, issued “____”___________________________, __________________________________

___________________________________________________________________________, "_______"________________________ the year of birth,

registered by the address: ________________________________________________________________________________________________________________,

Gr. _________________________________________________________________________________________________________________________________,

passport _______ series _________ No. ______________, issued “_______”___________________________, __________________________________

_______________________________________________________________________________________, "_______"________________________ the year of birth,

registered by the address: ________________________________________________________________________________________________________________,

we call it. hereinafter “ Seller ”, on the one hand, and

Gr.________________________________________________________________________________________________________________________________,

passport series _________ No. ______________, issued “_______”___________________________, __________________________________

_______________________________________________________________________________________, "_______"________________________ the year of birth,

registered by the address: ________________________________________________________________________________________________________________,

we call it. hereinafter “ Buyer ”, on the other hand, collectively referred to as “ Parties ”, guided by Art. 330, 421 of the Civil Code of the Russian Federation, have entered into this Agreement as follows:

1. The parties undertake, during the term of this agreement, to enter into a contract for the purchase and sale of residential premises in the form of _________ (apartment, room, share in an apartment, house, etc.)_______________ located at the address: _________________________

_____________________________________________________________________________________________________________________________________, (hereinafter referred to as the “ Object ”), at a price equivalent to ________________________________________________________________________________

_____________________________________________________________________________________________________________________________________.

2. The object will be registered as the property of the following person/persons: _________________________________________

___________________________________________________________________________ or any other person as directed by the Buyer.

3. The object has the following characteristics: Area _____________/_____________/_____________ sq. m, shared living kitchen

telephone in the facility: _________________________, telephone number: ______________________, available / absent

phone is ___________________________. separate/paired

4. Before signing this Agreement, the Buyer transferred to the Seller a sum of money in the amount of _________________________________________________________________________________________________________________ as an advance, to ensure the fulfillment of its obligations to purchase the Object. The advance amount is included in the price of the Object.

5. The owner of the Object is: _______________________________________________________________________________________

Title documents for the Object: ___________________________________________________________________________

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

6. The seller guarantees the truth of the following information:

6.1. The object is not burdened with the rights of third parties (in particular, there are no persons recognized as missing or declared dead in court; those in the army or in prison; those who have been sent to boarding schools, nursing homes and other social protection institutions), rent, commercial hiring, paid or gratuitous use, pledge, etc.; is not in dispute and is not under arrest/ban; the right to dispose of it is not limited.

6.2. The following are registered in the Facility: ________________________________________________________________________________ _____________________________________________________________________________________________________________________________________.

6.3. The object of unauthorized redevelopment or re-equipment before the signing of this agreement ______________________. The house in which the Object is located is listed for demolition, reconstruction, major repairs ___________________________. (enabled / not included)

6.4. There is no ban on registering citizens at their place of residence in the Facility.

6.5. The transaction on the basis of which the owners acquired ownership of the Property was completed using reliable, properly executed documents.

7. The seller undertakes:

7.1. Before signing this agreement, provide the Buyer with the documents necessary to conclude this agreement and the purchase and sale agreement for the Property.

7.2. By “_______”_______________________200___ inclusive, provide the Buyer with the following additional documents: ________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

7.3. Immediately inform the Buyer about all circumstances that could affect the completion of the transaction for the alienation of the Property.

7.4. After signing this agreement, do not carry out redevelopment of the Facility, dismantle equipment and structures, as well as repair and construction work without the consent of the Buyer, and do not enter into similar agreements with third parties for the purpose of alienating the Facility.

7.5. Before signing the purchase and sale agreement for the Property, pay rent, all utility bills, electricity, as well as telephone debt, including for long-distance and international calls.

7.6. Appear in person and ensure the appearance of all owners, users of the Object (in the absence of their notarized obligation to deregister from the Object), spouses of the owners of the Object (in the absence of a notarized consent of the spouse for the transaction), with identification documents, and all other documents necessary for completing the transaction, on the day, time and place agreed with the Buyer (orally or in writing) for:

· signing a purchase and sale agreement for the Property;

· submission of documents for state registration.

(If any of the owners of the Property in any of the above cases acts through a representative, the latter must additionally have with him his passport and a power of attorney to perform the relevant actions, issued in accordance with current legislation).

7.7. Do not give up the telephone number assigned to the Property and provide assistance to the new owner of the Property in re-registering the telephone number by submitting an appropriate application to the territorial telephone center.

7.8. Ensure that all owners and users of the Object are deregistered, including terminating agreements concluded with users or third parties for paid or gratuitous use/hire/lease of the Object, evict and release the Object from property within the time limits agreed upon in the purchase and sale agreement of the Object, and also transfer the Property, unencumbered by any debts, to the new owner under a transfer deed.

8. In case of evasion or refusal of the Seller to fulfill obligations under this agreement, violation by the Seller of its obligations under the agreement or impossibility of concluding a purchase and sale agreement for the Object due to circumstances related to the Seller, his spouse or users of the Object, as well as in the case of provision by the Seller false information about the Object (including in accordance with clause 6 of the agreement), the advance amount is returned to the Buyer within one business day from the moment the specified circumstances arise/detection or the Buyer submits a corresponding demand. At the same time, the Seller pays the Buyer a contractual penalty in an amount equivalent to __________________________________________________________________________________________________________.

9. In the event of failure to conclude a purchase and sale transaction for the Object due to the Buyer’s fault, the advance amount remains with the Seller.

10. In the event of circumstances arising that make it impossible to fulfill obligations under this agreement, for which neither party is responsible (clause 1 of Article 416 of the Civil Code of the Russian Federation), as well as in the event of the identification of facts or circumstances that may subsequently lead to loss or restriction of the new owner’s ownership of the Object (clause 10.1 of the agreement), the Buyer has the right to refuse to purchase the Object. In this case, the entire advance amount is returned to the Buyer.

10.1. Facts and circumstances that may subsequently lead to the loss or limitation of the new owner’s ownership of the Property include, in particular, the following:

1) Violation of legal requirements in at least one of the previous transactions with the Object, such as: the required permissions, consents, refusals were not obtained (for example, the consent of a spouse, waiver of the pre-emptive right to purchase, permission from the guardianship and trusteeship authorities); a transaction was concluded that was directly prohibited by law; with abuse of authority; by invalid power of attorney; the transaction was registered after the death of one of the participants.

2) Detection of possible rights of third parties to the Object, including in connection with violations of the law or infringement of the rights of citizens during privatization, inheritance or as a result of other transactions with the Object, in particular: a minor child of one of the owners or users of the Object is not a member anywhere (former owners or users of the Object - was not registered anywhere) on the registration register; the rights of minor children were violated, including due to failure to include the child among the owners of the Property or failure to comply with the conditions of the guardianship and trusteeship authorities; there are - temporarily absent persons (in the army, places of deprivation of liberty, homes for the elderly or disabled, boarding schools, with temporary registration at another address or registration at the place of stay), persons recognized as missing or declared dead by the court, persons not who have entered into inheritance rights and have not formalized their refusal to accept the inheritance in the manner prescribed by law.

3) Any of the former owners or former users of the Property was registered in a drug treatment or psychoneurological dispensary at the time of alienation of the Property.

4) Discovery of other facts or circumstances that the Buyer considers significant for the transaction.

11. In the absence of other agreement with the Buyer, the day, time and place of the transaction is considered to be the last day of the validity period of this agreement, 12 hours 00 minutes, office at:

_____________________________________________________________________________________________________________________________________.

12. Transaction procedure:

1. settlement procedure for the transaction – ________________________________________________________________; (via a safe deposit box or other method)

2. form of agreement for the alienation of the Object – _______________________________________________________________; (with notarization / simple written form)

3. The period for state registration of the transaction and transfer of ownership is ________________________________. (7 / 14 / 30 days)

13. Costs associated with the transaction, namely:

1. rent of a safe deposit box – paid by: __________________________; (Seller buyer)

2. execution of an agreement for the alienation of the Object - pays: _______________________; (Seller buyer)

3. state registration of the transaction and transfer of ownership - paid by: _________________________. (Seller buyer)

14. This agreement comes into force from the date of its signing and is valid until “_______”_____________________200___. inclusive. The term of the agreement may be extended by written consent of the parties.

15. This agreement is drawn up and signed in two copies having equal legal force.

I/We,_______________________________________________________________________________________________________________________________,

_____________________________________________________________________________________________________________________________________.

received from gr. ______________________________________________________________________________________________________________ as an advance in accordance with clause 4 of this agreement, a sum of money in the amount equivalent to ________________________________________________________________________________________________________________.

SIGNATURES OF THE PARTIES:

Salesman:

_______________________________________________________________________________________ ____________________________

(last name, first name, patronymic) (signature)

______________________________________________________________________________________ ____________________________

(last name, first name, patronymic) (signature)

Buyer:

_____________________________________________________________________________________ ____________________________

(last name, first name, patronymic) (signature)

Download the document “Advance payment agreement for an apartment”

Rights and obligations

The section on the rights and obligations of Counterparties under this advance agreement is as follows:

The Seller undertakes to: - provide the Buyer with a complete package of documents for the apartment; — promptly inform the Buyer of information about circumstances that may affect the fulfillment of obligations under this agreement; — do not take any actions to change the structure of the apartment (repairs, remodeling, etc.) without agreeing with the Buyer; - do not enter into similar agreements with other persons at the time this agreement is in effect; - before the parties sign a transaction for the purchase and sale of an apartment, make payments on all bills that relate to the property being sold (rent, utility bills, other debts). — start deregistering all persons related to the property being sold;

What to include in the agreement

There is no unified template for an advance agreement, so it can be drawn up arbitrarily in writing.
The document will need to include:

Place and date of conclusion.
FULL NAME. and passport details of the parties to the agreement.
Data about the object of sale (address, technical parameters, cost).
The amount of the advance, the method of its transfer and a note that it is included in the cost of the object.
Form of advance payment (cash or transfer).
Deadlines (before signing the main contract).
The procedure and timing for the return of the advance if the transaction does not take place, and penalties for failure of the transaction.
Bank details of the parties when making non-cash payments.
Signatures of the parties to the transaction.

If there are several owners of the property being sold, the agreement must be signed by each owner.

If the advance payment is made in cash, then the fact of transfer by the seller of the receipt must be reflected in the agreement.

When drawing up this agreement, you must pay attention to the following points in the document:

Advance amount. The amount of the prepayment cannot be fixed. To determine it, it is necessary to perform calculations based on the actual price of the object being sold, and usually, as agreed by the parties to the transaction, it is 1-2% of the cost of the monetary policy of the object.
Procedure for transfer of advance payment. In this paragraph it is necessary to display how the prepayment will be made (by opening a safe deposit box, by bank transfer or in cash). It is also necessary to display the deadline for transferring the advance payment to the Seller, as well as the fact of drawing up a receipt for the transfer of the advance payment.
Responsibility for failure to agree. Here it is necessary to display in detail the sanctions imposed on the guilty party for breaking the agreement, since it is this point that can become the basis for resolving disputes between the parties to the transaction.

Comments on the document “Advance payment agreement for an apartment”

Reply 0

Svetlana

07/18/2014 at 10:46:18

Is it possible to add a clause that the buyer undertakes to wait 2 months for the seller to leave until the completion of repairs in the other purchased apartment?

Reply 0

Nikita

06/24/2015 at 16:35:09

good deal, everything is clear

Reply 0

Alexander

09/04/2015 at 14:49:09

thank you very much for the sample

Reply 0

Marina

11/16/2015 at 18:22:17

Is it possible to return the advance if the buyer changes his mind about buying an apartment?

Reply 0

Igor

11/26/2015 at 15:04:14

Thank you, very well drafted Advance Agreement.

Reply 0

Inna

11/28/2015 at 15:16:19

Great deal. Thank you!

Reply 0

Veronica

02/12/2016 at 22:57:45

Thanks a lot!!!!!!

Reply 0

Lena	02/22/2016 at 11:28:14 Very good sample, helped, thank you very much.

Reply 0

Victor

03/27/2016 at 20:07:13

Thanks a lot. the standard Advance Agreement form was very helpful

Reply 0

Elena

05/10/2016 at 20:58:57

I downloaded it, I don’t know if I’ll use it or not, it seems long

Reply 0

Alya	09.09.2016 at 15:23:31 Good agreement, you can take an example drinking time

Reply 0

Olga

09.22.2016 at 13:08:12

A very useful document. Thank you

Reply 0

Larisa

10/04/2016 at 12:27:27

Good deal, thank you!

Reply 0

Tatiana

10/05/2016 at 23:51:09

Is it necessary to draw up a preliminary purchase and sale agreement for such an agreement?

Reply 0

Tatiana

10/05/2016 at 23:51:17

Is it necessary to draw up a preliminary purchase and sale agreement for such an agreement?

Reply 0

Hope	10/21/2016 at 10:10:42 Everything is wonderfully written! And most importantly, all the points where you need to be safe are listed

Reply 0

Oleg	10/22/2016 at 11:11:45 pm Unfortunately, paragraph 9 does not apply in court

Reply 0

Safura

06/23/2017 at 11:11:59

good deal. Thanks!

Reply 0

Love

08/04/2017 at 16:24:05

Thank you, it helped a lot!

Reply 0

Elina

09/28/2017 at 09:45:19

useful form. Thank you.

Reply 0

Basil

11/21/2017 at 08:54:18

A good example. 20 characters

Reply 0

Zhanna

01/23/2018 at 00:57:56

Good deal. Thank you.

Reply 0

Yuri

02/27/2018 at 18:32:24

“In the event of failure to conclude a purchase and sale transaction for the Property due to the Buyer’s fault, the advance amount remains with the Seller”

After reading this paragraph, I realized that the agreement was drawn up by a 6th grade student...

Reply 0

Yuri	02/27/2018 at 18:57:59 here’s another masterpiece: “state registration of a transaction and transfer of ownership is paid by: _________________________” (Seller buyer) The law clearly states who pays for what...

Reply 0

Anna

05/05/2018 at 21:59:08

Excellent contract, excellent, thank you

Reply 0

Natalia

07/05/2018 at 13:24:13

Everything is simple and clear!

Reply 0

111

09.18.2018 at 13:20:55

Thank you, useful information

Reply 0

Artyom

10/25/2018 at 12:37:30

The most comprehensive agreement that

Reply 0

Artyom

10/25/2018 at 12:38:03

The most comprehensive agreement that I was able to find on the Internet.

Reply 0

Vladimir

09.11.2018 at 22:58:50

Wonderful template. All that is needed! We haven't forgotten anything!

Reply 0

Andrey

11/14/2018 at 08:51:28

Thanks for the template, it helped with the transaction.

Reply 0

Love	11/23/2018 at 08:32:29 Thanks a lot! High quality professional product.

Reply 0

Lyudmila Nikolaevna

12/14/2018 at 10:51:37 pm reply to Yuri

Yuri, I agree with you 100% and not even 6th grade, but much lower.

Reply 0

Varvara

12/18/2018 at 22:29:52

How to include in the advance payment agreement the possibility of returning the advance, but paying for the losses incurred by the seller. For example, I changed my mind about buying

Reply 0

Lyudmila

02/09/2019 at 09:43:36

It seems that everything is clear. We'll see how it turns out. thanks for the help

Reply 0

Buyer

02/23/2019 at 00:42:29

Very useful article, learned a lot of new things

Reply 0

marina

03/24/2019 at 19:33:11

Very good site, well-designed forms

Reply 0

ELENA

09.25.2019 at 22:34:43

WONDERFUL SITE! IT WAS USEFUL FOR ME!

Reply 0

Lyudmila

03/12/2020 at 18:55:14

Detailed, indicating regulatory documents

Reply 0

Faith

03/14/2020 at 18:28:48

good example of a contract! Thank you!

Reply 0

Sergey

07/20/2020 at 14:04:13

I found some very important points in your template! Thank you!

Reply 0

Dmitriy

09/01/2020 at 15:47:56 reply to Yuri

) SOOO, isn’t this practically a deposit written with full deduction or return with a penalty (possibly double)? In my opinion, it is ignorant in its very essence to call a deposit an advance for legal consultations.

Reply 0

Vladimir

06/13/2021 at 20:52:48

Thank you, it’s a useful form and based on it you can cook up what everyone needs individually

Reply 0

Irina

04.11.2021 at 23:11:58

Thank you, good agreement, everything is clear

The main reason for problems with advance repayment

The presence of an advance payment, which constitutes some part of the cost of the purchased housing, is stipulated in the preliminary agreement or a special receipt confirming receipt of money by the seller. The vast majority of such documents contain a clause on non-refund of funds if the buyer refuses the transaction, as well as his other actions that led to its failure. It would seem that everything is extremely clear. But if you dig deeper, it turns out that all this is contrary to current legislation.

Making an advance, in accordance with the norms established by law, is just a kind of protocol of intent, and not an obligation to buy an apartment at any cost.

The money transferred to the seller is simply an addendum to the contract, which should be returned, regardless of the reasons why the transaction did not take place.

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Deadlines

The advance payment period lasts until the conclusion of the main contract for the object and full settlement with the Seller.
This period is provided to the parties to the agreement to prepare the necessary documents and carry out formalities for the acquisition of the property. For ordinary transactions, this period is 3-4 weeks, for transactions involving the preliminary sale of another object (to raise money) - 6-8 weeks. By agreement of the parties, the terms may vary, up to 12 months.

If, at the time specified in the agreement, the main DPA is not concluded, two options are allowed:

Sign a re-agreement with different terms.
Terminate the agreement and return the advance to the buyer (unless the agreement specifies penalties for the parties).

When two receipts are required

Two receipts are issued if the amount in the contract does not correspond to the actual payment. For example, the seller understates the amount to avoid tax. This approach is quite risky for the buyer. A receipt always supplements the contract; in itself it has no legal force. Therefore, in the absence of an agreement, it will be very difficult for the buyer to prove how much money he actually paid for the apartment if a legal conflict begins.

Two receipts are also drawn up when the price of an apartment is inflated with a mortgage. This way the buyer can avoid making a down payment. We wrote about the risks of such a scheme in this article.

When is a receipt required?

A receipt is drawn up when transferring money from the buyer to the seller in the following situations:

transfer of an advance or deposit under a preliminary agreement;
partial payment for an apartment in installments - a document for each payment;
payment for the apartment under the main contract;
if the amount in the agreement is underestimated for deduction, two receipts are usually drawn up.

The original receipt remains in the personal archive of the buyer. A certified copy will be needed for tax reporting or for the bank when taking out a mortgage. The seller is advised to keep a copy of the receipt for safekeeping.