Receipt for deposit - basic concepts, rules of preparation, types

Almost always, when buying a home, be it on the secondary market or an apartment in a newly built building, the buyer makes the final choice before he has the amount to pay in full. In this case, it does not matter at all whether the required amount of money is in a bank account or whether the housing will be paid for using credit funds under a mortgage agreement or a regular loan. There is a completely logical explanation for this, because who knows exactly how much the apartment you like will cost. No, well, of course, the approximate cost is known, but the exact amount that will need to be paid for the purchase is difficult to predict. And what to do in this case, how to assure the seller of your serious intentions? Or another situation, when you buy a car or rent a house, how can you show the owner your firm decision to deal with him?

In this article we will talk about a deposit when purchasing movable and immovable property, what an agreement on a deposit for renting an apartment means, all possible pitfalls will be considered, ways to protect yourself and not fall into the trap of scammers.

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.

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Types of deposit receipts

The Civil Code of the Russian Federation provides for the preparation of a receipt if the amount of funds exceeds 10,000 rubles, otherwise the document is declared invalid and has no legal force.

The legislation does not have precise definitions of the types of receipts, but in fact they exist:

  • Subject. The purpose of the transfer of money and the subject of purchase and sale are indicated.
  • Pointless. There is no clear wording, money is borrowed.

The person receiving the funds writes a receipt stating that the money has been received, the transferring party writes a receipt indicating that they have transferred the funds. Both documents are certified by the signatures of both parties.

In addition, receipts are divided according to the subject of the purchase and sale agreement: car, apartment, land, garage, other major acquisition.

How to protect yourself from scammers

The buyer needs to be extremely careful not to simply lose his money by giving it to scammers. An agreement to pay a deposit should never be signed without checking the documents giving the seller the right to dispose of the property. It should be borne in mind that if he (she) has a spouse, then a written certified agreement will be required from him (her) for both the sale and the lease.

Another point that cannot be ignored is the number of property owners, since there may be several of them and an agreement will be required from each.

It is also worth paying attention to the fact that when drawing up the main agreement (lease or purchase and sale), it must include a clause on the transfer of the deposit. In this case, the amount must be indicated both in words and in numbers, and it must also be stipulated that these funds are used to pay for the full cost of the property that is purchased or leased. This clause will allow the buyer or tenant to be confident that the money transferred as a deposit will not be lost. Therefore, it is better to draw up agreements on the deposit and the sale and purchase or lease at once. If the owner of an apartment or car refuses to include this clause in the contract, it is worth thinking about his good faith.

Receipt for deposit for apartment

It is issued in the event that the entire amount of funds specified in the purchase and sale agreement is not enough. The receipt is written in any form indicating all important information.

Approximate sample

RECEIPT

about receiving a deposit

St. Petersburg "__"_______2019

I, Dmitriev Maxim Petrovich, born December 14, 1967, passport series 1111 number 111111, issued on January 1, 2000 _______________ (specify by whom, unit code), registered and residing at the address: St. Petersburg, _______ , d._____, apt._________, received from Pavel Viktorovich Kondratyev, born 09/11/1965, passport series 2222 number 222222 issued 02/02/2002. (specify by whom, division code), registered and residing at the address: St. Petersburg, st.__________, no._____, apt._____ 70,000 rubles (seventy thousand rubles) as a deposit for an apartment located at the address: Moscow, ________ st., no.____, apt._____, total area 89 sq. m., worth 3,000,000 rubles (three million rubles), according to the purchase and sale agreement dated 01/01/2019.

Signature__________ Date___________

When making a deposit, a preliminary purchase and sale agreement must be drawn up, which indicates the method of payment: the first part in the form of a deposit, the second - the remaining amount.

Basic Rules:

  • If there are several owners, the funds transferred in the form of a deposit are divided equally, and everyone writes a receipt.
  • The document must strictly indicate the amount, date, time, and place of transfer of money. There should be no crossing outs or corrections.
  • If the seller is a minor, parents or official guardians write a receipt for him, but the presence of the child when transferring money is required.
  • It is recommended to give a deposit and draw up the document in the presence of disinterested witnesses, who also sign the receipt.

Lawyers do not recommend making a deposit of more than 30% of the cost of the apartment. You should also be wary of a transaction if the seller quickly agrees to receive a symbolic amount. Issuing a receipt from a notary will help avoid fraudulent actions on the part of the seller, but is not a 100% guarantee. It is necessary to carefully check the documents before transferring funds.

What is a receipt

A receipt is an official document that provides a guarantee of fulfillment of obligations under an oral or written agreement between two individuals. As a rule, a receipt comes into play for such operations as:

  • cash loan
  • purchase, sale and other real estate transactions
  • transfer of valuable documents
  • performing certain duties
  • acceptance of property for storage

All transactions approved by a receipt have legal force and are equivalent to a full-fledged agreement.

You should also know, for example, how to correctly write a receipt for the deposit of a house, receiving money according to the sample.

How to write a receipt correctly

The legislation does not provide for serious restrictions on the preparation of a receipt and its execution. As a receipt, you can use any kind of written document, which must indicate the fact of transfer of money, documents, apartment or other property, and is also certified by the signatures of both parties.

The document can be drawn up either independently or certified by a notary. The second option requires payment of 4 basic units.

Contents of the receipt

A receipt is drawn up in any form, but usually contains the following items:

  • name (for example, “receipt for acceptance of property for storage”, “receipt for receipt of a deposit for the purchase of an apartment”)
  • date and place of compilation
  • details of the originator, recipient and witnesses (full name, passport details, place of registration and residence)
  • the fact of the transaction (if we are talking about monetary amounts, then you must indicate the exact figure)
  • deadlines for payment, return of property
  • interest rates (if the transaction involves their payment)
  • place of return of money, property, transaction (very important if the originator lives in another city)
  • signatures of both parties, as well as witnesses

Receipt for deposit for car

You can confirm the fact of transfer of funds in the store with a cash receipt, power of attorney, invoice, and other documents. When purchasing a used car, the supporting document is a properly executed receipt. A receipt is written when receiving money if:

  • the amount is paid partially in the form of a deposit;
  • the transport was purchased by proxy, the documents were not reissued, the seller is a third party;
  • the car has not been deregistered;
  • the buyer asks to pay an amount in excess of that specified in the contract.

The fact of receipt and transfer of money is documented in any form indicating important information.

Approximate sample

RECEIPT

in receiving money to pay for a car

I, Petrov Ivan Sidorovich, passport (number, series, date of issue, name of the authority that issued the document, date of birth), residing at the address (actual address, registration), inn 1111111111,

received from

Sergeev Sergey Sergeevich, passport (number, series, date of issue, name of the authority that issued the document, date of birth), residing at the address (actual address, registration), inn 1111111111,

money in the amount of 370,000 (three hundred seventy thousand) rubles as payment for a car (identification number, make, model, type, color), registration certificate (series, number, issued by, date),

under the car purchase and sale agreement concluded by the parties on September 02, 2021.

I undertake to perform all actions necessary to transfer ownership of the car to the buyer within the period specified by me in the power of attorney issued in the name of the buyer.

Payment has been made in full.

Date of receipt of money and receipt: ___________ Signature:___________

Receipt for deposit for land plot

The document is issued for the following reasons:

  • confirmation of expenses for the purchase of real estate with the intention of receiving a tax deduction;
  • confirmation of receipt of funds;
  • personal concerns;
  • old age, serious illness of the seller of the land plot.

The requirements for filling out a receipt for the deposit are standard, but you will have to write a little more. The document must indicate:

  • Name;
  • date, place of filling;
  • passport data of the buyer, seller;
  • amount paid in figures and words;
  • address;
  • cadastral number of the plot, area;
  • list of buildings included in the documentation;
  • link to the purchase and sale agreement;
  • seller's signature.

It is recommended to fill out the document in the presence of witnesses who are disinterested persons. Signatures are provided by all those present.

Approximate sample

RECEIPT

Ryazan 02/03/2018

I, Borisenko Andrey Stepanovich, born 10/12/1956, place of birth: Ryazan, passport series 1111 number 111111, issued by the Federal Migration Service of Ryazan on 04/01/2008, registered at the address: s. Orlovskoye, Petrovsky district, Ryazan region, no. 2, received from Tatyana Ivanovna Karpenko, born on June 17, 1983, place of birth: Ryazan, passport series 1111 number 111111, issued by the Federal Migration Service of Ryazan on November 12, 2011, registered at the address: Ryazan, st. Shakhova, 2, apt. the amount of 1,000,000 (One million) rubles for the land plot I sold, located at the address: s. Orlovskoye, Petrovsky district, Ryazan region, plot 2, area 11 acres, cadastral number 20:20:100200:20-10; one-story log residential house with an area of ​​50 sq. m, cadastral number 20:20:100200:20-10 and outbuildings - a bathhouse and a barn - according to the “Agreement for the sale and purchase of a land plot and a residential building” dated 03/01/2017, drawn up in simple written form. The calculation has been completed in full. I have no complaints against the buyer. Full name, signature

Receipt for deposit for residential premises, house

A correctly drawn up document is official proof of the payment of money for the house as a deposit. A receipt is also required for a refund of 13% property tax after a sale transaction has been completed. The document is drawn up in any form indicating all important information.

Approximate sample

RECEIPT

St. Petersburg 12.02.2021

I, Maxim Fedorovich Dmitriev, born on March 26, 1982, passport data: (series and number, date of issue, where and by whom it was issued, address of last registration on the passport) received from Alexander Petrovich Karnaukh, born on March 23, 1965, passport data: ( series and number, date of issue, where and by whom it was issued, address of last registration in the passport) deposit for the house I am selling, which is located at: (full address) in the amount of 5,000,000 rubles (Five million) under the sales contract dated 10.02 .2019

Signature

A document drawn up correctly acquires legal force. If one of the parties refuses the transaction, the injured person is entitled to compensation for losses.

How to properly fill out a deposit

Before you start generating a receipt, you need to make sure that the transferred funds are not perceived as an advance payment. These terms have different legal meanings. If the transaction fails due to the fault of the seller, he is obliged to return the deposit in double amount. If the transferred amount is considered an advance, 100% is returned.

The document is drawn up in the presence of all interested parties and filled out with a ballpoint pen. Information from other documents is copied; abbreviations are not allowed if they are not in the source. The receipt indicates all owners of the subject of sale. The amount is divided in equal shares, signatures confirming receipt of funds are placed at the end of the document. We should not forget that the receipt is an addition to the contract; in the absence of the latter, the transferred amount is regarded as an advance.

Standard Requirements:

  • the document is written with a ballpoint pen with blue or black ink;
  • the presence of witnesses is not mandatory, but desirable;
  • The sample should be prepared in advance, but it must be filled out only in the presence of other interested parties, during the direct transfer of the deposit.

A document acquires legal force if properly executed. Before writing a receipt or transferring money, you should draw up a deposit agreement, which lists the information of all participants in the process, information about the subject of the transaction, conditions, and market price. The transfer of the specified amount occurs after the subject of the agreement is deregistered, the sale and purchase agreement is completed, and ownership is transferred through re-registration.

Sample deposit agreement

Full name, citizen of the Russian Federation, _________ year of birth, gender __________, passport No.______________issued on _________ by department ___________, department code __________, registration and residence address: _____________________, hereinafter referred to as the Seller, and

Full name, citizen of the Russian Federation, _________ year of birth, gender __________, passport No.______________issued on _________ by department ___________, department code __________, registration and place of residence: _____________________, hereinafter referred to as the Buyer, on the other hand, have entered into this agreement as follows:

The parties hereby agree that the Seller undertakes to sell (transfer ownership), and the Buyer undertakes to buy (acquire ownership) in the future, within _____________ years, an apartment located at the address: ________________________________ at the price of __________________ (____________) rubles.

2. The specified apartment consists of _______ living room. The total area of ​​the apartment excluding the area of ​​loggias (balconies) is _____ (in words ______________) sq. m., located on the _________ floor of a residential building. Cadastral No. _________________. We describe the entire apartment! Even if the share is sold.

3. To ensure the fulfillment of its obligations, the Buyer makes a deposit to the Seller for the purchased apartment in the amount of ____________ (_____________) rubles.

4. The buyer and seller undertake to conclude a Purchase and Sale Agreement for the specified apartment within _____________ years. Or you can specify the conditions after the occurrence of which the parties, within ______ business days, undertake to conclude a Purchase and Sale Agreement for the specified apartment (for example, after the execution of inheritance documents).

5. The cost of the apartment in the amount of ______________ rubles is final and cannot be changed.

6. The parties are aware that in accordance with Art. 380 and 381 of the Civil Code of the Russian Federation, they are responsible for failure to fulfill their obligations. Namely: if the purchase and sale agreement is not concluded due to the fault of the Seller (documents are not ready or refusal to conclude, price increase, indicate possible reasons, etc.), then he undertakes to return to the buyer the amount of the deposit and a fine in the amount deposit amount up to ____________ year. If the purchase and sale agreement is not concluded due to the fault of the Buyer (personal documents are not ready or refusal to conclude, change in price), then he loses the right to return the deposit amount. The parties are released from liability (specified in Article 380.381 of the Civil Code of the Russian Federation) if ____________________ (you must indicate, for example, the delay in documents is due to the suspension of work of government agencies or errors of government agencies, illness of one of the parties, etc.).

7. This agreement is drawn up in two copies, one of which is handed over to the Buyer, the second to the Seller.

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Earnest money agreement - document structure

Since the receipt is drawn up in any form, there are no clear rules for its preparation, but in order for the document to acquire legal significance, all important information must be written down in it.

Receipt structure:

  1. preamble;
  2. details of the parties, their signatures;
  3. date and place of conclusion of the document;
  4. the subject of the agreement, which indicates that a pledge is being drawn up, not an advance;
  5. exact amount in numbers, in words;
  6. a detailed description of the process of transferring funds - who, to whom, when, where, for what;
  7. liability of the parties if the transaction does not take place;
  8. duration of the agreement, possibility of termination.

A correctly drawn up document allows you to quickly resolve a controversial situation, return legitimate money with compensation for damages for wasted time.

Receipt for deposit for tax office

A tax deduction is provided for the amount of expenses for the purchase of residential premises - apartment, house, room. A receipt for the tax office is drawn up in any form indicating all important information; notarization is not required, but is encouraged.

Mandatory requirements:

  • The receipt must indicate the personal data of the seller, buyer, and passport details.
  • The document must be individual. If there are several owners, each one writes a receipt indicating the amount received.
  • There must be a link to the purchase and sale agreement. The information on the basis of which the receipt was written is indicated. If the contract does not have a number, the date of preparation is indicated.
  • All information must be reliable, errors and corrections are not allowed.
  • If the payment was made by another person on behalf of the buyer, a power of attorney must be attached to the receipt.

Experts do not recommend handing over the original to tax officials to avoid losing the main document. If you plan to contact the tax service, you should draw up the document in two copies.

If you cannot choose a full tax deduction for the transaction, you still have the opportunity to get the required amount when making the next transaction to purchase a home.

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Extract from the Unified State Register of Real Estate

An extract from the Unified State Register of Real Estate is proof of ownership of the property. A certificate of registration of rights is a conditional document that requires confirmation. Before transferring the deposit or drawing up a receipt, you must verify the rights of the owners. A fresh extract from the Unified State Register of Real Estate will allow you to clarify information about the owners of real estate, the absence of encumbrances, and arrests. You can order an extract online via the Internet. The price of the service is 250 rubles. At the same time, you should not trust the electronic statement provided by the buyer, since it is possible to edit the data and enter false information.

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