A receipt when buying a car: what is it, can it protect you from financial losses, as well as the nuances of drawing up when selling in installments and a sample document UrAvto.com

Posted by: Egorov Konstantin Mikhailovich Other Articles 12/28/2007

The dumbest mistake a buyer can make when buying a home is not getting a receipt from the seller. Such negligence for the buyer can result in catastrophic consequences.

It seems to be a “legally clean” apartment from all sides. No problem. One owner. I lived in an apartment all my life. No one has ever been registered or registered again. The contract was drawn up legally. Everything at the registration authorities went with a bang. And because of stupidity, because of a piece of paper written by hand, without a seal or even any stamp, such an apartment can be lost overnight and completely legally. It would be more correct to say due to the absence of such a piece of paper. And his name is a receipt. Such a terrible and sometimes unfair outcome of the transaction follows from Article 162 of the Civil Code of the Russian Federation, which states: “In cases expressly specified in the law or in the agreement of the parties, failure to comply with the simple written form of the transaction entails its invalidity.”

The trouble is that an agreement is just a declaration of intent. The parties determine that they agreed on such and such conditions to conclude such and such a deal, but from the fact of signing the agreement it does not follow that all parties have fulfilled their obligations. One of the parties, namely the seller, may well one day declare that he has not received any money. The apartment, as follows from the contract, was transferred. This is confirmed by the fact that the contract was registered, but I did not receive the money.

With rare exceptions, the only confirmation of the transfer of money can be a receipt. Sometimes, after registering an agreement, the seller puts his signature directly on it under the words “all payments have been made, the obligations of the parties have been fully fulfilled.” But this is already particular, especially since this form of confirmation of payment has the right to exist only when the real cost of the apartment is indicated in the contract. Otherwise, if it is terminated for one reason or another, the buyer again finds himself in, to put it mildly, an unpleasant situation when, according to the documents, he is returned only the amount specified in the contract, and not the money actually paid.

No other evidence can serve as an argument for the court - only a receipt. Moreover, this grief has been tested by customers in practice and more than once. No numerous witnesses to the act of transferring money; the lawyer’s quite logical explanations are that the seller left the apartment voluntarily, which means he received the money; Neither bank documents confirming cash withdrawals nor the fact of renting a safe deposit box are, by and large, considered by the court. Moreover, in addition to the same Article 162 of the Civil Code of the Russian Federation, which states: “Failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms,” the Supreme Court of the Russian Federation has already clearly spoken on this topic. There simply cannot be any other interpretations.

You should always require a receipt, even if the apartment is sold through an alternative exchange, and the buyer does not actually pay money, or does not pay the entire amount in real money, but only part of it as an additional payment. The receipt should still include the amount of money that the seller and buyer agreed upon during the bargaining process, because the agreement that is being drawn up is called a purchase and sale agreement, and nothing else. The buyer must always keep this receipt along with the registered agreement, that is, forever. An agreement without a receipt is just a protocol of intent. In some cases, as you can see from what you read, it is absolutely useless and proves absolutely nothing.

Types and features

When purchasing a used car secondhand, you need to take into account that such a transaction has certain risks. In order not to end up without financial resources and without a car, you should take care of protecting your interests. This is what receipts are made for. They come in two types:

written by hand and certified only by personal signatures;
drawn up and certified by a notary.

There are a number of features when drawing up a receipt that are important to pay attention to:

The document is written by hand by the seller.
The date of compilation is indicated in the upper part, and the date of receipt in the lower part; they may differ from each other.
The details of the seller and buyer must be indicated.
The receipt contains information about the car being sold.
The monetary amount is indicated in numerical form and in words.
The receipt upon receipt of the entire amount of money must contain the wording “received the money in full.”
The signatures of the buyer and seller must be deciphered.

If all formalities are met, then there is no need to have the receipt certified by a notary; it will have legal force. But, if there are doubts about the correct preparation of the document, it is better to play it safe.

Step-by-step instructions for compiling

The receipt must contain:

Heading. Briefly display the purpose of the document, the place and date (in words) of its preparation.
Receipt for receiving money
Moscow, June twenty-first two thousand and sixteen.
Name of the parties .
Provide accurate information about the seller and buyer: full name and date of birth, supported by passport data. I, Alekseev Aleksey Alekseevich, born on September 15, 1980, passport of a citizen of the Russian Federation 45 00 654456 issued by the Moscow Department of Internal Affairs on October 16, 2000, department code 001-002, registered at the address: Moscow, st. Andreevskaya, 5, apt. 29, received from Nikolaev Sergei Sergeevich, born on January 5, 1981, passport of a citizen of the Russian Federation 45 01 225443 issued by the Moscow Internal Affairs Directorate on March 14, 2001, unit code 004-005, registered at the address: Moscow, st. Academician Koroleva, 8, apt. 198.
Amount (in numbers and words) .
Indicate the exact amount of money transferred to the seller, as well as the name of the currency in which payment is made. Cash in the amount of 5,000,000 (five million) rubles.
Purpose of payment and subject of the agreement. Be sure to formulate the purpose of transferring money. The full amount of funds for the apartment purchased under the contract can be paid. Either a part of the amount, a deposit or an advance is transferred (you will learn about the difference between a deposit and an advance, how a pledge differs from them and what is beneficial for each party here). In this case, indicate the balance to be paid.
Here, describe the apartment for sale: indicate in words the number of rooms, as well as the apartment number in numbers and in words.
As payment for the one-room apartment No. 29 (twenty-nine) I sold at the address: Moscow, st. Andreevskaya, 5, apt. 29.
Contract details .
Provide details of the purchase and sale agreement to which this receipt is attached. In accordance with the Apartment Purchase and Sale Agreement dated June 19, 2016.
Full name and signature of the seller .
The payment has been made in full and I have no claims regarding payment. Alekseev Aleksey Alekseevich _____ signature.

When is it necessary?

If the purchase of a car is made directly from the owner, the entire amount is paid at once, and the vehicle is deregistered, then a receipt will not be needed. But more often other situations arise when drawing up a receipt is necessary:

The car is purchased in installments or a deposit is paid before the main transaction. For example, a buyer has chosen a car, but at this particular moment in time he does not have the required amount with him. To prevent someone else from buying the car, a deposit is left to the seller, and a receipt is taken from him for receipt of funds.
If the car has not been deregistered, then until it is re-registered to a new owner, the only document confirming the fact of transfer of money may be a receipt.
When a purchase and sale agreement is concluded without direct contact with the owner of the vehicle, through a third party. A receipt for receipt of funds is required in case the owner of the car states that he did not receive any money.
When, after purchasing a car, the only document confirming your right to use it will be a power of attorney. After all, the real owner can cancel it at any time.
The seller asks you to indicate in the sales contract a lower amount than what you actually transfer to him. He needs this to do the tax office. Of course, you can meet them halfway, but be sure to ask for a receipt. After all, if for any reason the purchase and sale agreement is terminated, the seller can only return to you the amount that was stated in it.

In all cases, the receipt must be written by the person receiving the money. This document guarantees his honesty, confirming the fact of transfer of a sum of money. The purchase and sale agreement itself is not evidence that the transaction took place (read about why the DCP is needed and whether it can be restored here). It can be terminated even before the transfer of money without any consequences.

When for any reason the seller refuses to write a receipt, you can conduct the transaction by bank transfer. If you deposit the agreed amount into his bank account, the received cash order and transfer receipt can serve as confirmation of the transfer of money. And even if the check and order are lost, the bank can restore all transactions and confirm the fact of payment. But keep in mind that the bank will charge a commission, so a receipt is a more profitable option.

What it is?

A receipt for receipt of funds when purchasing an apartment is a document that is drawn up by the seller when the buyer transfers money to him for the housing being sold . An advance, deposit, partial or full amount of the cost of the apartment can be paid - in cash or by bank transfer to the seller’s account.

This fact is recorded with a receipt. The seller transfers it to the buyer after registering the transaction. The receipt is not an independent document and serves as an annex to the purchase and sale agreement.

Is it necessary to have it certified by a notary?

The receipt is drawn up in a single copy, in writing, personally by the seller.

Notarization of this document is optional and does not occur in practice.

Document lifespan

The receipt has no statute of limitations. The original is kept by the buyer.

When and why is it needed?

A receipt for the purchase of a home is a very important document for the buyer. Its issuance is indicated in the legislation - Art. 408 of the Civil Code of the Russian Federation “Termination of an obligation by performance.” A purchase and sale agreement represents a mutual obligation between the parties. Fulfillment of these obligations is supported by documents such as an act of acceptance and transfer of the apartment and a receipt for receipt of funds. The receipt is the main evidence of the transfer of money from the buyer to the seller and cannot be replaced by other documents. Definitely needed.

Is there a form prescribed by law?

The exact contents of the receipt are not regulated by law, so it is drawn up in free form. But, given the fact that the receipt must include the necessary information and perform its functions, when preparing it you must adhere to a certain structure.

All mandatory points must be written down in detail, otherwise the document will not have legal force.

How to compose?

There is no official legal receipt form. It is drawn up in any form, but must contain the following information:

document's name;
Full name of the buyer and seller without abbreviations;
full passport data of both parties (passport series and number, by whom and when issued, identification number, registration address);
the full amount of the transaction (in numbers and words);
characteristics of the car being sold (make, color, body number, VIN, title number);
if a deposit is paid, its amount (in numbers and in words);
signatures of both parties with transcripts;
date of transaction.

A receipt is exactly the document that must be written by hand. After all, it is almost impossible to forge handwriting (which cannot be said about a signature), and this will be another proof that the seller received money for the car.

Witnesses (minimum 2) can be involved in drawing up a receipt , and information about them (full name, passport details) is entered into the document, which the witnesses fill out in person. Having witnesses is not necessary, but when a transaction seems suspicious, this is an additional way to secure it.

If a conflict situation arises, witnesses will be able to confirm that the seller wrote the receipt voluntarily, without coercion, and received the money in full.

When receiving money for a sold car

When selling a car, when the buyer pays the entire amount at once, this point must be indicated in the receipt. Examples of wording:

“I received the money in full”;
“payment has been made in full”;
“I received the money in full in the specified amount, I have no complaints.”

To protect its interests, the buyer may require additional guarantees to be indicated in the receipt, for example, in the following form:

“I guarantee that at the time of signing this receipt the car has not been sold to anyone else, has not been pledged, is not in dispute or under prohibition (arrest) or wanted, and is not encumbered with rent, lease, hire or any other obligations. I bear full responsibility for failure to comply with this clause.”

When purchasing in installments

When selling a car in installments, a receipt must be drawn up, which must indicate the total amount of the transaction, the amount of the down payment received and the deadline for the remaining amount to be paid. The document also stipulates the buyer's responsibility for failure to fulfill obligations to pay in installments; this may even include the return of the vehicle to the seller.

Check out our other materials on the topic of buying and selling a vehicle and what documents are needed when selling a car. Read about how to draw up a transfer and acceptance certificate, about the pitfalls of buying a car without documents, as well as the need for a title and spouse’s permission during the transaction.

What should you pay special attention to?

The receipt must be written by the seller - the person indicated in the Sale and Purchase Agreement.
If there are several sellers of real estate, then each of them writes his own receipt for the amount of the value of his share. In a situation where the shares were not valued differently - in proportion to the size of the share of the total price of the apartment.
If money is received by a person with a power of attorney for these actions, certified by a notary, then he writes a receipt on his own behalf and must attach a copy of the power of attorney to it.
A minor seller with a passport writes a receipt himself. The required wording is: “The money was received in the presence of the parent.” The parent representing his interests indicates his personal data and also signs a receipt, indicating his authority - “as a legal representative.”
The receipt is made in writing, on blank paper.
The entire document is written with one pen with blue ink.
Only the “header” of the document can be printed, which indicates the personal data of the seller and buyer, as well as details of documents proving their identity.
Full personal data must be indicated - full name, date and place of birth, place of residence and registration.
The receipt must contain the name (“Receipt”), place (city) and date of its execution.
The actual date of transfer of money is set.
No mistakes, bold strokes, signatures or corrections should be allowed!
The amount of money with the name of the currency, the purpose of payment, the postal address of the apartment and the date must be written by the seller in his own hand!
The amount of funds transferred is written in numbers and words.
The full address of the apartment is indicated. Exactly the same as in the document on the basis of which the money is transferred (preliminary agreement, purchase and sale agreement, deposit agreement). The address must correspond to the Cadastral passport.
If the full amount of the cost of the apartment is paid, at the end of the receipt it is indicated: “The payment has been made in full, I have no claims for payment.”
In case of partial payment, it is indicated: “Money received as an advance/deposit/partial payment.”
If a deposit is transferred, it is required to register: “On account of the cost of the apartment.”
The signature is fully decipherable: last name, first name, patronymic, written by hand.
If the transfer of money was carried out in the presence of witnesses, then they can also put their signature and indicate their passport data after the phrase: “We certify that this receipt was drawn up and signed by __________ (full name of the seller) with his own hand, knowingly and voluntarily.” The presence of witnesses will give the paper additional legal force. Two witnesses are enough.