Deposit agreement, sample 2021, deposit agreement for purchasing an apartment

Why is a deposit needed?

When concluding a deposit agreement, they are guided by the norms of civil legislation, namely Art. 380 of the Civil Code of the Russian Federation as amended on December 16, 2019.

Deposit is part of the value of the subject of a property transaction, expressed in monetary form, payable to the seller until the conclusion of the main agreement on re-registration of property to the new owner. The future owner, by paying part of the cost of the property, thereby confirms his intentions to pay the current owner within the established time frame and re-register the property in his name.

According to paragraph 1 of Art. 380 of the Civil Code of the Russian Federation, the deposit for an apartment serves as security for the execution of the purchase and sale agreement, representing a part of the cost agreed upon by the parties to the future transaction.

The law requires that an agreement be concluded in writing, and in further calculations by the parties, proceed from the fact that the money received by the seller serves as an advance payment under the prepayment agreement for the apartment, unless otherwise established by the agreement.

Difference from advance

If the parties have agreed on a deposit, this imposes a number of responsibilities on them:

conclusion of a contract or agreement;
refund in case of cancellation of the transaction in double amount on the part of the seller and loss of the deposit amount on the part of the buyer.

Everything is easier with an advance payment. It is stipulated in the main transaction agreement, which sets the deadlines for depositing the remaining funds. If, due to some circumstances, the parties had to renegotiate the terms and abandon the transaction, then the advance amount is simply returned to the buyer. There are no consequences here.

What is the difference between a deposit and an advance?

In the Civil Code of the Russian Federation, the terms deposit and advance payment have approximately similar definitions, with the exception of an important feature - an advance does not guarantee the completion of intended actions and does not insure in case of failure of obligations.

If the seller refuses to sell the property after receiving an advance payment, he returns the funds to the buyer in the same amount. When registering a deposit, a twofold increase in the amount to be returned is allowed if the failure of the sale of real estate occurs due to the fault of the current owner. It is not necessary to have objective reasons for refusing a transaction; this may be due to the emergence of a more profitable sale option or a revision of plans for the property.

If the buyer is at fault for the failure of the sale, the recipient of the deposit retains the previously paid amount as compensation. When making an advance payment, previously paid funds must be returned regardless of who was to blame for breaking the previous agreement and on whose initiative it was not fulfilled.

The legislation does not provide for the execution of a separate document confirming the fact of transfer of funds between the parties, and upon agreement with the execution of a deposit, a written receipt is required. In order to protect yourself in case of failure of plans and incurring losses due to non-fulfillment of a planned transaction, you should study the rules for drawing up an agreement on the transfer of a deposit when planning a real estate purchase and sale transaction.

How to draw up a deposit agreement correctly

The parties to a future transaction must draw up a bilateral written document, which comes into force from the moment of signing. The written form of the agreement is established in accordance with the requirements of the Civil Code of the Russian Federation. To avoid the risk of challenge and misinterpretation of the agreement, certification at a notary office is allowed, however, even without certification, the deposit agreement will be valid if it is drawn up correctly.

The parties independently determine the moment of execution of the agreement - funds are transferred immediately upon signing the document, or at another time and date fixed in writing.

To avoid discrepancies, the text of the agreement must indicate that the payment paid is considered a deposit. The text of the document does not allow unclear wording, errors or typos. It is recommended to use ready-made templates for completing the deposit. Standard forms can be downloaded and filled out by hand, or filled out on a computer.

The main thing is that the contract bears the living signatures of both parties and their details are clearly indicated.

What should the parties do after paying the deposit?

Since the deposit agreement between the parties is only a preliminary part of the purchase and sale of an apartment - after the transfer / receipt of money, the seller and buyer:

sign the main agreement within the previously established period;
transfer/receive the remaining amount;
apply to the registration authorities to re-register ownership of the apartment.

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The legality of the concluded transaction can be confirmed at any time by either party - with copies of the receipt, the deposit agreement and the main agreement.

Sample contract for making a deposit when purchasing real estate

When downloading the deposit form, you must make sure that it correctly reflects the following information:

Date and city of registration.
Details of the parties (seller and buyer) – full name, date and place of birth, registration address and passport data.
Information about making a deposit in the agreed amount (it is indicated in numbers and then in words).
Information about the contract price for the apartment (in numbers and words).
The exact address of the property's location.
Main characteristics (total area, number of rooms and other technical parameters).
Payment method - cash or non-cash, as well as currency.
Payment procedure (time, terms of transfer, details for enrollment).
Rights and obligations.
Methods for resolving disputes and actions in case of failure to fulfill the contract (who receives or leaves a deposit, in what amount).
Resolving situations in the event of force majeure, unforeseen circumstances (this often includes cases of unintentional or deliberate damage to property, destruction of housing by fire, etc.)
The moment of commencement of the contract (the wording “from the moment of signing” is often used).
The period of validity of the document and the likelihood of extension (whether extension of the contract is allowed).
The time allotted for concluding the main agreement for the transaction - the deed of purchase for housing (since sometimes the parties like to delay the conclusion of the main agreement, it is recommended to reflect the exact date by which date the transaction should be concluded).

: Agreement on deposit (sample) (31.5 KiB, 220 hits)

When drawing up a deposit agreement according to the sample, do not forget to indicate the number of originals to be signed (according to the number of all participants in the transaction). At the bottom, all participants in the transaction are listed, who then sign and decipher the signature.

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.

Agreement form

Sequence of actions when agreeing on a deposit

Particular attention is paid to preparing for the conclusion of a contract. The deposit agreement is often used in fraudulent schemes to deceive citizens. Before transferring money, it is necessary to conduct a thorough check:

Title documentation for housing. It is necessary to check whether it really belongs to a specific recipient of the deposit, whether it is complete and legal.
It is necessary to check for registration restrictions, liens, arrests, and the presence of incapacitated owners and tenants.
If there is reason to believe that the apartment was purchased during the years of marriage, it is necessary to ensure that the consent of the current or former spouse is available, since the property will be considered jointly acquired during the marriage.
Sometimes an apartment is sold after accumulating serious debt on housing and communal services. It is recommended to check the status of your personal account and the presence of utility debts before signing the deposit agreement.

If there is any ambiguity and an attempt to hide important details of the transaction or facts about real estate, you should refuse to sign an agreement on a deposit when purchasing an apartment, or postpone the moment until the circumstances are clarified.

Before transfer of the deposit

In the process of preliminary verification of information, the buyer must request the following documents about the purchased object:

USRN extract confirming ownership without encumbrances and legal restrictions, prohibitions, arrests;
technical passport from BTI;
a certificate of citizens registered in the living space, including those temporarily discharged;
any other documents for real estate, depending on the circumstances of the transaction.

Before transferring money as payment for a transaction, the buyer must ensure that there is no dispute on the part of the second marriage partner. If housing was purchased during marriage, the property is considered joint property even after the spouses divorce. A guarantee that there is no risk of challenge will be the signature of the spouse’s consent to the transaction, certified by a notary. If, after receiving the deposit or after completing the transaction, the second partner, including the former, finds out about the sale of the home, the transaction will be contested. The right to challenge is retained for 3 years from the date of notification of the fact of the transaction.

The EGRN extract contains information about the presence or absence of restrictions, arrests, and bans on registration actions in relation to real estate. It is important that at the time of signing the document and transferring the deposit on the property right, no restrictions are established. The more recent the extract, the better. If restrictions are identified, you must wait until they are eliminated and only then sign the contract.

By the time of the transaction, all residents must be discharged. If minors or incapacitated citizens are registered in the living space, it is necessary to first resolve the issue of their discharge to another place of residence. Otherwise, after the transaction it will not be possible to evict such citizens; they will retain the right of residence in any case and there will be no way around it without legal proceedings.

You should not trust the promises of the indebted owner to pay off the utilities on the eve of the transaction by handing over the deposit. Before signing the agreement, you should ask the seller to show the latest paid receipts. Although debts for housing and communal services without court orders do not play any role for the transaction itself, you need to understand that services that have not received payment will sooner or later take measures to cut off the supply of resources and go to court. In order to avoid problems with housing and communal services and bailiffs, it is necessary to demand payment of the debt immediately, before making a deposit.

No less attention is paid to checking the technical characteristics of the apartment according to documents and in fact. If a discrepancy is identified or there is an illegal redevelopment, the buyer may face the problem of approving improvements, and if refused, spend time and money on returning the premises to its original state.

Drawing up a receipt for receiving money

When all the documents have been verified, it’s time to proceed directly to settlements between the parties to the future transaction. Funds can be transferred later, within the terms established by the contract, or at the time of agreement.

When choosing cash payments, they try to ensure that banknotes are verified and that witnesses are present. Their task is to record the fact of transfer of banknotes and make sure that the amount is received in full. Even 5 percent of the price of the apartment paid when registering a deposit represents a large amount, so checking funds and recording completed calculations is taken as seriously as possible.

A receipt serves as a document that can confirm that the money was issued to the seller. The receipt is not considered a mandatory document and does not require notarization, however, the written form of the document will help confirm the fulfillment of obligations if unforeseen circumstances arise in the process of preparing for the transaction. The form of the document is free, its main purpose is to confirm the fact of transfer of the deposit.

The seller must draw up a receipt, and the buyer only signs with a transcript. It is possible to print the receipt on a regular sheet of paper, but in this case it is necessary for the Seller to write part of the text by hand. This will confirm that the document was drawn up in good faith by the homeowner if it becomes necessary to conduct a graphological examination during the trial. The number of copies of the receipt corresponds to the number of persons participating in the transaction.

What happens after the deposit is transferred?

When the first payment is received, it is time to prepare for the transaction itself - the parties prepare the missing documents and agree on the date of signing the main agreement according to the information recorded in the agreement when transferring the deposit.

The final stage of the transaction is the submission of documents to Rosreestr in order to formalize the transfer of ownership of property to another owner. After successful re-registration and receipt of a new extract, the terms of the deposit agreement are considered fulfilled.

In what cases can deposited funds be returned and in what cases not?

If the parties to the transaction, before the moment of its execution, by mutual agreement, decided to terminate the obligations, then in this case the deposit is returned back (clause 1 of Article 381 of the Civil Code of the Russian Federation). Also, the deposit is subject to return if the deposit recipient (car seller) has not fulfilled his obligations established by the contract. In this case, the amount is returned back to the buyer in double the amount (clause 2 of Article 381 of the Civil Code of the Russian Federation).

Failure to fulfill obligations implies the following:

the seller did not provide the buyer with the car within the period specified in the agreement;
the car was sold to another buyer;
the characteristics of the vehicle differ from those specified in the agreement (the dealer delivered the car in a different color or with a different configuration);
the technical or external condition of the car differs from that in which the car was at the time of making the advance payment.

If the buyer himself changes his mind about purchasing a car, then he has no right to return the money (clause 2 of Article 381 of the Civil Code of the Russian Federation).

Is it possible to terminate the Deposit Agreement?

It is impossible to predict in advance all the circumstances that may arise in the process of preparing for a transaction. The parties have the right to terminate the agreement on unilateral or mutual initiative if:

The parameters of the apartment have deteriorated, irreparable defects have been identified, in which the buyer refuses to accept the purchased object.
By the time the housing is transferred, it is established that its parameters and characteristics differ significantly from the description that was given in the preliminary agreement and in the original documents for the object.

At any time before submitting the documentation to Rosreestr and signing the transfer and acceptance certificate, you have the opportunity to refuse the transaction and demand termination of the agreement with the return of the deposit.

Transfer rules

The Civil Code requires written confirmation of the transfer of the deposit in the form of a contract or agreement, regardless of its amount. In addition to this document, it is necessary to issue a receipt confirming the fact of transfer of money. The receipt is written by hand by the seller; corrections are not permitted.

If an apartment is being sold that is jointly owned by spouses or privatized for several family members, then all owners must be present at the time of signing the preliminary contract. If the document is signed in the presence of a notary, the presence of two independent witnesses will be required.

Transferring the deposit imposes serious responsibilities on both parties, and it would be unprofitable for either of them to refuse the transaction:

if the seller changes his mind before completing the purchase and sale transaction of an apartment, he is obliged to return the amount of the deposit to the buyer in double amount ;
If the buyer changes his mind, he forfeits the deposit amount.

In this case, the buyer has the right to insist on concluding a purchase and sale agreement and transferring the apartment at the agreed price. If there is a preliminary agreement and part of the funds for housing have been transferred under it, then within 6 months he can achieve the completion of the transaction.

Pros and cons for the parties to the transaction

The procedure for concluding a car purchase and sale transaction, which involves making an advance payment in accordance with Art. 380 of the Civil Code of the Russian Federation, benefits both the buyer and the seller.

Advantages for the buyer:

the car is transferred within the period established by the contract;
the agreement ensures the transfer of the vehicle in the agreed condition at a constant price;
In case of failure to fulfill obligations, the buyer has the right to demand the return of the deposit in double amount.

The advantage for the seller is that the prepayment is a guarantee that the buyer will not change his mind about purchasing the selected car, and otherwise the seller still remains in the black, since the amount paid is not returned if the deal falls through due to the fault of the buyer. Unlike a regular advance payment, the disadvantage of making a deposit for both parties is the possible loss of money if agreements are violated .

Risks and pitfalls

Buying a car may be associated with certain risks, so when concluding a transaction you need to pay attention to the following points:

It is necessary to make an advance payment for a car only after checking the technical condition and legal cleanliness of the vehicle, otherwise, if shortcomings are identified after signing the agreement, it may be problematic to return the money paid through the court;
the contract must describe in detail the characteristics of the car, this will eliminate the risk of purchasing, for example, a car with a different configuration from a dealer or a car that, after making an advance payment, managed to be in an accident;
the amount of the prepayment should be small and comparable to the cost of the vehicle, that is, if the car costs 100,000 rubles, there is no need to pay an amount of 30,000 rubles;
when transferring money from the buyer to the seller, it is necessary to record this fact in writing by drawing up a receipt;
if the seller tries to push back the date of concluding the main contract and transfer of the vehicle as much as possible, then it is better to refuse such a transaction and not make an advance payment;
If the seller already offers to make a small deposit during a telephone conversation (before the meeting and inspection of the vehicle), most likely the buyer is dealing with a fraudster.

Car purchase and sale transactions are often concluded with an advance payment, but in this case it is necessary to clearly separate the concepts of “advance” and “deposit”. The deposit is security for the transaction and its payment must be fixed in a written agreement. In case of violation of the agreements specified in the agreement, the parties are liable in accordance with the law.

From other publications on our website dedicated to documents for the purchase and sale of a car, you can also find out how a transfer and acceptance certificate is drawn up, in which cases the consent of the spouses is required to complete a transaction, how to correctly fill out a title, and how to draw up a general power of attorney. You will also be able to find out how to restore a policy if lost and the dangers of dealing with a car without documents.