A deposit agreement means a special type of document that serves as the basis for the acquirer to transfer a set amount of money to the alienator in order to confirm intentions for the subsequent purchase of real estate, in this case, a residential building and land ownership. A sample document can be downloaded below.
How to write a receipt correctly
A properly executed receipt is drawn up by hand in one copy and must contain the following data: - title of the document; - last name, first name, patronymic, passport details of the person who gives the receipt and the person to whom it is given; - a specific and complete indication of what the receipt is for (the exact amount of money received, a list of valuables). The quantity must be indicated in numbers and in words next to it in brackets; - in the official receipt you must indicate the number of the order or instruction on the basis of which money or material assets were issued; — the purpose of transferring money or material assets; — the period for the return of transferred funds or property; - signature of the person who gave the receipt (for an official receipt - certification of the signature by the head of the enterprise); - date of; - data and signatures of witnesses.
Money against receipt
Receiving money against a receipt is one of the most typical uses of such a document. Transferring money against a receipt is inherently considered a loan. If the amount of such a loan exceeds the established minimum wage by 10 or more times, then according to Art. 808 of the Civil Code of the Russian Federation, the loan agreement is concluded in writing. If the lender is a legal entity, the agreement is drawn up in writing in any case, regardless of the amount of funds transferred. It is easier and faster to get a loan against a receipt from a private person than from a bank, which is why this lending format is becoming popular.
Statement of claim for collection of debt by receipt
Since the receipt is a document, it can be presented as evidence in court. A correctly drawn up receipt has the force of a contract. If the very fact of drawing up a document or a signature on it is disputed, the court may order a handwriting examination. The statement of claim to the court is drawn up according to the general rules and it must indicate all the information about the debtor, the amount of the debt, and the repayment period of the loan. The original receipt must be attached to the statement of claim and submitted to the justice authorities at the place of registration of the defendant. The statute of limitations for debts is 3 years.
Deposit agreement for the purchase of a house with land
It is not necessary to notarize the deposit agreement, however, if the transaction price is quite high, which often happens when purchasing households with plots of land, it is advisable to use this procedure. The deposit agreement does not have a specially designed form for execution, but its content must necessarily reflect some basic provisions.
When drawing up this document, record the following points in it:
- personal information about the participants in the transaction, which involves indicating the full name, passport details, including registration, of both the alienator and the acquirer;
- designation of the subject of the contract, which is a specific landholding and a residential building built on it, a detailed description of these objects must be given to each individual.
The text of the section containing information about the allotment should reflect the following information:
- unique number of the plot according to the cadastre;
- exact location of the landholding;
- parameters of the alienated plot.
In relation to home ownership, in addition to the address and area, it is necessary to provide information regarding:
- number of floors;
- rights and obligations of the owner of the property being sold and the documents that confirm them.
Then the specified agreement on the deposit for real estate provides the following information:
- the amount of the transferred amount acting as a deposit (indicate how the agreed amount will be transferred);
- what is the responsibility of the parties to the transaction when it occurs (list possible violations of the terms of the contract by the seller and the buyer in accordance with the terms of the contract). For example, this may be the obligation of the seller to pay the buyer finances equal to double the amount of the deposit if a certain violation of the terms of the agreement is committed; the guilty actions of the acquirer provide for the release of the seller from returning the amount of the deposit received, etc.;
- Dedicate a separate paragraph to emergency situations that may arise, and provide for the sequence of actions of both parties to the contract in the event of such incidents;
- An essential point when concluding an agreement is the mandatory indication of the deadlines that indicate the time of entry into force of the agreement (in this way you get the opportunity to eliminate any inaccuracies and shortcomings before concluding the transaction);
- The last paragraph of the deposit agreement must contain the date and place of execution of the document.
The draft agreement must be signed by the seller and the buyer of the property specified in it.
The entry into force of the agreement is determined by the moment it is signed by the parties to the transaction. There is no need to register the document with the Rosreestr authorities. Although it is not necessary to have it certified by a notary, it is still recommended to visit a competent specialist.
The notary will conduct a legal examination of the drawn up contract and assist in its proper execution. In addition, the participation of the specified person provides guarantees of the legality of the transaction being concluded and the legal capacity of its participants. Remember that in cases of transfer of a deposit for real estate, participants in the procedure bear certain risks and may encounter some difficulties.
See the preliminary contract for the purchase and sale of a private house with a plot of land here.
For documents for selling a house with land, see the link:
In this case, the buyer is at greatest risk, so if you decide to purchase real estate, when drawing up a deposit agreement, pay attention to the following aspects:
- It is advisable to conclude a contract after inspecting the land plot and residential building, checking the package of documentation for the specified objects. If the seller promises to perform the specified actions in the future, in order to avoid problems, it is better not to rush to transfer the money;
- Before you proceed to signing the document, make sure that the remaining amount of money for the purchase of the property will be available when completing the sale and purchase. If you are not sure that you will receive the required finances (for example, if a loan from a financial institution has not yet been approved), assess all your risks and possible consequences regarding the transfer of the deposit, taking into account the expected difficulties;
- The size of the deposit should not be very large. This is justified not only by the fact that the buyer is trying to reduce possible costs subject to changing circumstances. Even if the transaction does not take place due to the fault of the alienator, the return of the deposit and the collection of penalties will occur in court. In this case, during the proceedings, it may be established that the seller does not have the required amount (for example, if he is unemployed and does not own property). In such circumstances, it will be very difficult to return the transferred finances;
- Please keep in mind that the title of the document must include the word “deposit”. Only if this condition is met, the provisions of the Civil Code of the Russian Federation that relate to the specified method of transferring funds will be applied to the executed contract.
Do not exclude the option of contacting a notary - after all, the money spent on providing such services, as a rule, amounts to a significantly smaller amount than the money that can be lost if the deposit agreement is not properly drawn up.
Certification of a receipt by a notary
In fact, a receipt certified by a notary means the drawing up of a loan agreement that can be notarized. You will have to pay a fee for services. If the debtor refuses to repay the loan, the creditor does not need to go to court. It is enough to obtain a writ of execution from a notary. With this inscription you can go to the executive service. To protect yourself as much as possible from losing money, the lender can additionally draw up and notarize a pledge agreement for the debtor’s property.
Legal validity of the receipt
Any receipt has legal force. Based on Art. 807.808, 434 of the Civil Code of the Russian Federation, the receipt can be considered a loan agreement. The legislation allows for the preparation of such a document in any form, including in writing, in the form of a promissory note. In order to serve as evidence of the rights of the lender, the document must be correctly executed and contain the circumstances of the transfer of money or valuables to the borrower, as well as the fact of their receipt by the debtor. After repaying the loan, the lender also gives the borrower a receipt for the repayment of funds.
Advice from Sravni.ru: If the debtor does not return the money or property, before filing a claim in court, it is worth sending the borrower a claim in which you need to substantiate your demands. This often helps resolve the issue out of court.
Filling Features
When filling out a deposit agreement, you need to enter information about the seller and buyer very accurately and in detail; special attention should be paid to the authenticity of the seller’s documents.
Before entering information about a plot of land into the contract, you need to carefully study the title documents for the land plot - how it came to the current owner, compare the area in all papers for the land, the cadastral number, to be sure that we are talking about the same plot . That is why you need to enter the details of all title documents, as well as the cadastral number.
Without the main document - a certificate of ownership - you should not give money and bind yourself to a contract; now there is a huge selection of a wide variety of land plots on sale, the documents for which are in perfect order.
If you really like this particular plot of land, then there will be no shame in looking at the originals of the seller’s papers to make sure of their authenticity: the presence of seals, the quality of the paper, etc., and also not to begin drawing up the deposit contract until you have become acquainted with your future property.
When inspecting, consider the following:
- the presence of buildings on the site, and if there are any, how many there are, whether they are residential or non-residential, approximate size, what materials they are built from;
- are there any bushes, trees;
- maintaining the correct location of buildings and trees from the boundaries of the allotment.
All these features of the site, noticed in nature, need to be compared with the plan. If buildings are not marked on the plan, then they will subsequently be considered illegal, which will lead to problems for the new owner.
It is important to record inconsistencies or immediately draw a conclusion about the advisability of acquiring such an allotment. Signatures alone on the document are not enough; transcripts of the full name are needed.
It is also important not to miss one important detail: the duration of the contract. Usually this period ranges from 1 to 2 months, that is, exactly as long as the parties need in order to be ready to formalize the main transaction.
The day following the expiration date of the deposit contract must be the designated date for signing the purchase and sale agreement.
Since the document deals with the deposit of funds, which, if cooperation continues, will be counted towards the purchase price, the deposit agreement should be noted as an integral part of the main contract.
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