Detailed deposit agreement for the purchase of land in 2022

A deposit agreement for the purchase of a land plot is signed between the seller and the buyer of the plot to confirm the buyer’s intentions to purchase the plot and the seller’s intentions to sell this plot, as well as fixing the main terms of the future agreement. The parties sign after inspecting the site and documents confirming the seller’s ownership of the site, in particular after checking the certificate of ownership.

The amount of the deposit is determined by agreement between the parties and is not regulated by law. In practice, most often there are contracts with a deposit amounting to 5-10%.

After signing the contract, the buyer transfers the amount agreed upon by the contract to the seller (deposits into the account or gives in cash). We recommend that all transactions be carried out through a bank, depositing the required amount into the account

. So, if the seller refuses to sell, it will be easier to prove the fact of making a deposit.

As a rule, after signing the deposit agreement, the seller undertakes to stop searching for a buyer for his plot (removes advertisements, suspends showings, etc.), and the buyer stops searching for the land plot.

If the seller refuses to sell the land, he is obliged to return the deposit amount to the buyer and pay a fine in the amount of the deposit for failure to deal.

If the buyer refuses to purchase the land, the amount of the deposit is not returned by the seller to the buyer .

The essence of the deposit agreement is to insure the risk of the parties against refusal or change of the agreements reached. Therefore, it is recommended to specify in the deposit agreement as many agreements reached by the parties as possible. The contract must necessarily contain the address of the land plot and other information on the basis of which it is possible to accurately identify the property being sold.

Download the land deposit agreement form in docx or pdf format

See also:

Template for deposit agreement when purchasing a car

Template for deposit agreement when purchasing an apartment

Deposit agreement for the purchase of equipment (download)

Both the seller and the buyer need guarantees that the transaction will be carried out accurately. The deposit agreement for the purchase of a land plot, a sample of which you will find in the article, is one of such guarantors. Read the article about what to pay attention to when drawing up a document and what legal features it has.

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Why is the document being drawn up?

Agreement on deposit

is compiled in two cases:

1. The buyer does not have the necessary amount to purchase a plot of land and expects to receive money in the near future (takes out a loan, enters into inheritance rights, sells his property, etc.).
2. The seller does not have any documents required to complete the sale and purchase.

This agreement is the best way to secure the right to acquire land to a specific buyer. The deposit agreement is signed by both parties, which means that the risk of loss of funds and fraud is minimized.

The text of the document records the final cost of the allotment. This allows the parties to know the exact amount in order to make the final settlement under the purchase and sale agreement.

If for some reason the deal falls through due to the fault of the seller, the deposit is returned to the buyer in double amount. If it is the buyer's fault, then he loses the amount paid. If controversial issues arise, the deposit agreement is quite suitable as evidence of the transfer of funds in court.

To understand whether or not to enter into an agreement on a deposit, it is worth understanding what a deposit is from a legal point of view. This concept is provided for by civil law.

According to Art. 380 of the Civil Code of the Russian Federation, a deposit is a sum of money that is transferred in favor of one of the parties to the contract towards payments due under the main contract as evidence of the conclusion of the contract in the future and to ensure its execution.

If the buyer transfers any amount to the seller without documentation, he will not be able to return these funds by law. In addition to the agreement, a receipt can serve as a document confirming the fact of transfer of money.

In the event of fraudulent actions on the part of the seller in the absence of a document, it will be extremely difficult to prove that you are right. Words alone will not be enough for the court, so you should not neglect the preparation of an official paper.

Definitions and differences of concepts

When drawing up preliminary agreements for the purchase and sale of real estate, it is common practice to receive a deposit or advance payment. This is not a mandatory requirement for transactions, and its application depends only on the wishes of the parties and the agreement reached between them.

For those who have never encountered these concepts, it may seem that they are identical and have the same meanings, but this is not the case.

• An advance is a certain part of the cost of the living space, transferred to the seller.
  Not a single regulatory act prescribes the exact meaning of this word. But Article 487 of the Civil Code of the Russian Federation contains a description of the identical concept of “advance payment for a purchase.” In accordance with the article, the advance is transferred voluntarily and does not entail absolutely any legal consequences in the form of fines. That is, having accepted part of the cost of housing, the seller does not undertake to fulfill the agreements reached. He can use the money as an interest-free loan, and later return it without paying a penalty.
• The deposit has a clear definition set out in paragraph 1 of Article 380 of the Civil Code of the Russian Federation. This is a certain amount of money that is paid by the buyer to guarantee the completion of the transaction. With the help of a deposit, you can ensure the fulfillment of the obligations undertaken by the parties. Financial losses are borne by the party that refused to sign the main agreement.

When buying a home, it would be more correct and logical to formalize the transferred money as a deposit; this will give certain guarantees to both the seller and the buyer, although it cannot ensure 100% fulfillment of the agreement.

What guarantees, rights and responsibilities does each of them provide?

The differences between a deposit and an advance are presented in the table.

Document preparation

The deposit agreement for the purchase of land does not have a legally established form. The parties can draw it up themselves or use the services of a lawyer.

You can get legal advice on our website. Enter your question in a special field, and an expert will provide you with legal assistance.

Contents of the agreement

Typically, the agreement has the following structure:

1. Name of the locality where the transaction is carried out;
2. Date of preparation.
3. Main text.
4. Signatures of the parties with transcripts.

The text part must include the key points of the transaction. The text states:

• the amount of the deposit and the final cost of the land plot (in numbers and in words);
• characteristics of the site by which it can be individualized (location, area, cadastral number, etc.);
• period of validity of the contract;
• conditions for returning money if the purchase and sale does not take place;
• contact details of the parties;
• other conditions that the buyer or seller considers necessary to include in the text.

The parties may be represented by their legal representatives on the basis of a power of attorney certified by a notary.

List of documents

To formalize the agreement, the following documents will be required:

• general passports of the parties;
• an extract from the Unified State Register or a certificate of land ownership;
• cadastral passport (if available);
• documents confirming ownership of buildings located on the land (if there are buildings).

In addition to the listed papers, others may be required depending on the situation. Concluding an earnest money agreement allows the seller to start collecting the missing papers without wasting time and without fear that the deal will fall through.

Design nuances

First of all, you need to verify the authenticity of the documents provided. Carefully study the title and title documents

. Compare cadastral numbers, area and other characteristics of the land plot.

When composing the text, you must accurately enter the full names and passport details of the parties. If errors are found, this may be grounds for invalidating the document.

Do not transfer funds or enter into a transaction if the seller does not have a certificate of ownership or an extract from the Unified State Register of Real Estate! These papers are the basis for the possibility of selling the land, so if one of them is missing, you should find another plot to purchase.

Be sure to agree on the deposit amount in advance. It is calculated in proportion to the cost of the real estate and, as a rule, does not exceed 10%, although there are no restrictions

. The amount must be fixed in the agreement.

Another equally important detail is the validity period of the agreement. Usually the document is concluded for a maximum of two months

.
This time should be enough to prepare for the purchase and sale
. The next day after the expiration of the agreement, it is necessary to sign a land purchase and sale agreement.

How does the purchase and sale process take place?

Depending on what part of the land plot is subject to purchase and sale, an algorithm for the transaction, preparation of documentation and a civil law agreement certifying the transaction is built.

Only at home

If the land is registered as a property, it is required to divide the plot into two parts, one of which will act as a local area, and the second will remain as an allotment for the owner and will be used for its intended purpose.

The division of land is carried out by land surveying. This requires the following:

1. Approach a surveying company.
2. Write an application for reorganization of the storage facility.
3. Determine the minimum acceptable size of area for the local area.

The cadastral engineer, after carrying out geodetic work, will issue a survey document for two newly formed areas, on the basis of which the following will be required:

• remove the previous account from the registration register;
• register two newly formed plots.

After receiving a package of documentation from Rosreestr for plots with a house and without a house, you can begin to formalize the transaction. Mandatory - upon presentation of the passports of the parties. If representatives act - upon presentation of notarized powers of attorney. In addition, you will need to collect documentation for the house:

1. The title document for the house and surrounding area, if the land plot is owned.
2. Cadastral passport for the house and land plot.
3. Land plan indicating the boundaries of the local area.
4. Certificate of ownership of the house and land plot or extract from the Unified State Register of Real Estate.
5. Cadastral certificate confirming the absence of encumbrances in the form of arrest or pledge.
6. Technical passport of the house (from BTI).
7. An extract from the house register about the persons registered in the house.
8. Receipts for payment of taxes and utilities.

If the house was purchased during marriage, a notarized consent of the spouse will be required, and if owned jointly, the consent of the co-owners will be required.

Important: If the house was inherited or received as a gift, permission from your spouse is not required.

After drawing up the deed of sale, you need to register the transaction in Rosreestr. The following documents are required to be submitted here:

• passports of the parties;
• application for registration;
• purchase and sale agreement for land plot in three copies;
• title documents for the house and land plot;
• certificate of ownership of the house and land plot or extract from the Unified State Register of Real Estate;
• technical passport of the house;
• receipt for payment of state duty.

Registration services are completed within 10 days if the parties to the transaction applied simultaneously, and 21 days if they approached separately. The cost of the fee is 2 thousand rubles. Upon completion of registration, the transaction is considered completed in full, information about which is entered into the State Cadastre.

Legal Features

Without drawing up a deposit agreement, it is strictly forbidden to transfer money to the seller. Without this document, according to the law, there is no payment itself.

The seller must have original documents. The presence of only copies should alert the buyer, because they are easy to fake

. Even certified copies should not be trusted. Unfortunately, cases of collusion are common in the real estate market, so ask for originals.

To minimize financial risks, keep in mind that:

• the buyer has the right to legally demand all title papers;
• if the seller is married, it is necessary to make sure that the plot is not joint property or has the written consent of the spouse.

It is not recommended to sign an agreement based only on photographs of the site. Be sure to check it out.

What to look for during inspection?

1. Presence/absence of buildings. If there are buildings on the site, remember their number.
2. Characteristics of structures. Are these buildings residential or not, what material are they made of, what is their size.
3. Presence/absence of trees and shrubs.
4. Maintaining the correct location of buildings from the boundaries of the site and trees.

All this information will be needed to compare the documents with what is actually on the site. For example, if on the territory of the allotment there are buildings that do not exist in technical terms, the new owner may subsequently have problems, since such buildings are considered unauthorized, that is, illegal.

Please also take into account that it is impossible to buy a plot of land with maternity capital if there are no residential buildings or a residential building under construction on the land.

Before signing

Without an agreement on a deposit when purchasing a house with land, an apartment or other premises, it is absolutely impossible to transfer funds to the seller or another person.
No document means no transfer according to the law. Excessive gullibility of potential buyers plays into the hands of scammers and unscrupulous sellers, who receive money and sell the property to a completely different person, if they sell at all. A deceived citizen has no right to demand anything from such persons if there was no official document. However, before signing the deposit agreement, it is important to read each clause very carefully and check absolutely all the details with the original documents. If the seller does not have the originals, this is a reason to be wary, since copies are much easier to counterfeit. In addition, if there is indeed a good reason for the absence of originals, all copies must be certified by a notary. But we shouldn’t rule out fraudulent collusion, which is a very real thing in the real estate market.

In addition, to reduce financial risks, it is important to know that:

• The buyer has the legal right to see absolutely all original documents of title to the real estate, the purchase of which is negotiated;
• The spouse of the owner of real estate may lay claim to such an object, so it is important to check whether it is jointly acquired during marriage and, if so, whether there is a written, notarized consent of the spouse to the transaction;
• At the time of signing the agreement, it is desirable that all residents be deregistered.

When will the deposit be returned?

Circumstances vary and sometimes deals fall through. For the issue of returning the deposit to be raised, the transaction may not take place due to the fault of the seller or the buyer. And this should also be provided for in the agreement.

The situation with the deposit in case of failure of the transaction is regulated by Art. 381 Civil Code of the Russian Federation. If for some reason the buyer refuses to purchase the land, the seller has the right to keep the paid amount for himself

. Refund of funds in this situation is possible only if the party who paid the deposit reveals fraud or legal impurity of the real estate. To get your money back, you will need to go to court.

If the transaction does not take place due to the fault of the seller, then he is obliged to return the deposit to the buyer in double amount. If this legal requirement is ignored by the seller, the buyer has the right to go to court.

It does not matter what the circumstances were why the purchase and sale did not take place. In any case, both parties have the right to appeal to the courts if one of them violates the existing agreements.

Statement of claim to court

By following certain recommendations for drawing up a statement of claim, a citizen will be able to avoid many problems.

Before you begin to draw up a statement of claim, you need to figure out which court this claim should be sent to. Based on the established rules, the statement of claim should be filed with the court at the location of the defendant.

If the amount of the claim, and therefore the price of the claim, is less than 50,000 rubles, the statement of claim is submitted to the magistrate’s court. In all other cases - to a court of general jurisdiction.

The current legislation of the Russian Federation has established certain requirements for the form and content of the statement of claim:

• a cap. This section is written in the upper right part of the sheet and contains information about the court to which the claim is sent, as well as about the plaintiff and defendant. The cost of the claim is also indicated here;
• motivational part. In this section of the claim, the citizen sets out the circumstances under which the legal rights and interests were violated, and indicates the norms of the current legislation that were violated. Evidence of violations is also provided here;
• the pleading part. In this section, the citizen sets out the requirements the satisfaction of which he seeks;
• list of attached documentation;
• the statement of claim is sealed with the citizen’s handwritten signature indicating the date of signing.

Before filing a claim, a citizen must pay a state fee.

ATTENTION! Look at the completed sample of a standard claim to the court:

Attention! The state fee is:

• if the value of the claim is up to 20,000 rubles - 4% of the cost of the claim, but not less than 400 rubles;
• if the cost of the claim is from 20,001 to 100,000 rubles - 800 rubles and 3% of the amount exceeding 20,000 rubles;
• if the cost of the claim is from 100,001 to 200,000 rubles - 3,200 rubles and 2% of the amount exceeding 100,000 rubles;
• if the value of the claim is from 200,001 to 1,000,000 rubles - 5,200 rubles and 1% of the amount exceeding 200,000 rubles;
• if the value of the claim is over 1,000,000 rubles – 13,200 rubles and 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

What to do next with the agreement?

The deposit agreement does not need to be registered. It is enough to save one copy for each of the parties

. In the future, the deposit agreement acts as an annex to the purchase and sale agreement.

The buyer of land is more vulnerable and takes more risk than the seller. To ensure guarantees, you can additionally have the document certified by a notary.

Lawyers recommend concluding not a deposit agreement, but a preliminary purchase and sale agreement. In this case, there is a greater chance that the parties will fulfill their obligations, since penalties increase significantly

. Such documents specify absolutely all the conditions of the upcoming transaction, which cannot be said about the deposit agreement.

Transactions related to land plots are associated with high risks. We recommend that you contact a competent lawyer for advice and to verify the correctness of the documentation provided.

How is a deposit payment made?

The payment is documented and signed by the parties to the transaction. The Civil Code does not provide for a standard model, so you can draw up a document yourself, but be sure to indicate:

• data of the parties involved in the transaction (passport, full name);
• information about the deposit payment (its amount in numbers and in words);
• what responsibility is provided for each of those participating in the transaction;
• brief information about the agreement under which the deposit payment is transferred.

The earnest money agreement can be drawn up as an appendix to the contract, and the fact that the seller has accepted the money - a written receipt - can also be attached there.

Features of signing

The documents are signed by all parties to the transaction. Therefore, absolutely all property owners are taken into account

. They also act as sellers under a contract. The interests of children under 18 years of age are represented by legal representatives

.

By the way, the deposit amount is divided in equal parts between all property owners. For example, with a deposit payment of two hundred thousand rubles, four owners will receive fifty thousand each.

What is the difference between a deposit agreement and a purchase and sale agreement?

The purchase and sale agreement is the main document that serves as the basis for the transfer of ownership.

Agreement on deposit

– this is an intermediate (secondary) document. It certifies only the fact of transfer of funds and is just an annex to the main document.

The conclusion of a deposit agreement is not the basis for the emergence of any rights other than the right to purchase a land plot.

What is the procedure for registering a transaction in Rosreestr and final payment?

When the contract is signed and the transfer of property has taken place, the buyer goes to the Rosreestr office at the location of the site. You can also submit an application through the Rosreestr website and to the MFC.

A person will need:

• application (filled out according to the template on the spot);
• 2 originals of the agreement and its annexes, including the act of acceptance and transfer of property (if it was drawn up).

You need to pay 2000 rubles in advance as a state fee.

The registrar checks the submitted documents for compliance with legal requirements. If there are no violations, the papers are accepted. Making changes to the Unified State Register takes up to 10 working days.

For more information about registering a transaction in the MFC, watch the video:

Read more about registration here.

How does a deposit differ from an advance?

Advance and deposit are legally different concepts, although many people confuse them. An advance payment is an advance payment for the purchased real estate property. It cannot serve as a guarantee of fulfillment of obligations.

A deposit is a form of securing obligations and fulfilling agreements reached. If these agreements are violated, the guilty party will lose a certain amount of money.

This will not happen in the case of an advance payment. If the transaction does not go through, it is simply returned to the buyer.

Despite this significant difference, an advance and a deposit equally serve as confirmation that the parties have agreed to conclude a transaction in the future. However, the advance represents part of the final cost, and the deposit acts as a guarantor that the buyer has serious intentions to buy the land, as well as the other party to sell.

Pay attention to the percentage

When signing a deposit agreement, the amount of the deposit must be agreed upon between the parties.
It is calculated as a percentage depending on the value of the real estate. This is usually between five and ten percent of the price a seller is asking for their property. This amount must be fixed in the text of the agreement along with the conditions for changing it. There are no restrictions on the amount of the deposit. The seller and potential buyer negotiate it individually, as they deem necessary. It is important to pay attention to some points. So, if the seller inflates the cost of the property, he may demand an increased percentage for the deposit, citing the fact that the property will be reserved for him. On the other hand, when a potential buyer asks to reduce the deposit percentage, this may indicate that he is not confident in his choice and continues to search, which means that the deal may be disrupted and he is worried about losses. However, it also happens that the buyer himself sets a low percentage, which may also indicate his uncertainty. For example, he doubts the price or intends to sell the object to someone who offers more, thereby reducing losses for himself.

Deposit agreement for the purchase of land - sample 2017

When purchasing an apartment, house or land, the sample document will look the same:

It is not always possible to immediately draw up a purchase and sale agreement for a land plot that the buyer liked due to its location, size, shape, and also fits into the price bracket, the limits of which were outlined by the future owner according to his capabilities.

How to transfer the deposit correctly and not be deceived?

Receipt requirements

It is recommended to write the receipt with a standard ballpoint pen with blue ink. The presence of witnesses is not mandatory, but is not excluded either.

To simplify the procedure for forming the form and prevent other difficult issues, it is better to prepare a sample of it in advance.

Legal significance occurs when the following conditions are met:

• the formulation and writing of the receipt takes place directly in the presence of the notary and all participants in the transaction and is certified by him after checking the information provided;
• the full name, surname, patronymic of the owner of the property, and similar information about the buyer or company are indicated, passport data of citizens of the Russian Federation is entered;
• The amount of money planned to be paid for the deposit in the receipt is selected arbitrarily, usually 10% of the cost of the apartment. When preparing documents for a house, the amount is written in a fixed number of digits and deciphered in words in brackets;
• deadlines for fulfilling obligations are specified;
• full technical data from official sources on ownership of a residential building or apartment, or land plot is indicated;
• day, date and year of the transaction;
• signatures of the participating parties.

The seller not only can, but must also confirm the fact in writing that he received and accepted the funds in rubles as an advance payment for the property. The buyer confirms the terms of the transaction with a signature. Additionally, witnesses are given the right to sign if their passport details are included in the document.

Sample (form) of receipt for receiving a deposit for a house and land

In what cases is a document drawn up?

A deposit agreement for the purchase of a land plot can be drawn up in the following cases:

• the buyer was unable to collect the required amount and expects to take out a loan or receive money from his debtor;
• The selling party is missing some documents, which are expected to be received in a month or two.

Such a document is an ideal way to secure the right to purchase the plot you like without the risk of losing funds, since the agreement is signed by both parties. One of the paragraphs in the text of the document should specify the terms of settlement in case of a failed transaction, the potential owner of the plot is especially interested in this, because it is his money that was transferred as a deposit.

A deposit should not be confused with an advance payment!

The advance represents a portion of the entire cost of the plot of land, and the deposit assures the selling party of the seriousness of the buyer’s intentions to purchase a specific plot of land, and the buying party of the intention to sell to her, and in case of failure, the seller has a chance to receive double the amount of the deposit.

An important point for the future owner is to fix the cost of a plot of land; when drawing up the main purchase and sale agreement, the full and final payment will be made taking into account exactly this figure.

If the transaction does not go through, and the seller does not want to give the double amount of the deposit (and this is stated in the deposit agreement), then such double-sided paper is quite suitable for the court, especially if it is executed by a notary.

The limits of the deposit are not regulated by law, but practice shows that most often this amount is taken equal to approximately 10% of the full valuation of the land.

Concept and purpose

A deposit agreement is a document according to which the buyer transfers to the seller a certain amount of money towards future payment for real estate, that is, a deposit. This amount is not established by law, so the parties can determine it independently.

Most often, its size is small - 5-10% of the total value of the property.

The deposit agreement acts as security for the obligations of both parties to the purchase and sale. It is documentary evidence of the transfer of these funds and must be attached to the package of documents that are used during the conclusion of this transaction. Although it does not provide a complete guarantee for the parties, it does help to protect their rights and interests as much as possible.

The buyer undertakes to pay the remaining amount of the cost of the property, and the seller - not to sell this property to anyone else for a certain time.

Making a deposit implies that the seller ceases all activities regarding the sale of the plot (removes posted advertisements, suspends showings of the property), and the buyer stops looking for another plot.

The main difference between such a transaction and other similar ones (advance payment, prepayment) is the peculiarities of returning the deposit to the buyer, which usually occurs if one of the parties refuses to fulfill it.

In this case, the fate of the funds depends on who initiated the termination, namely:

• if the seller is at fault, the deposit is returned to the buyer in double amount;
• in case of fault on the part of the buyer, the money remains with the seller.

Obviously, such conditions significantly increase the responsibility of the parties and discipline them to comply with their obligations to the maximum extent possible. If the transaction was concluded without problems, the amount of the deposit is deducted from the total cost of the property, and the buyer pays only the remaining amount. Therefore, he risks practically nothing, unless he decides to refuse to buy real estate.

In order for the above requirements to be met, the transfer of the deposit must be documented, in the form of a special contract or agreement. In this case, the document must be drawn up correctly, and the transferred funds must be called a deposit. Otherwise, the buyer or seller will be able to challenge the transaction and keep the money.

How does a deposit agreement differ from a regular land purchase and sale agreement?

The land purchase and sale agreement is a full-fledged document, after signing which can be registered (provided that all attachments are available), while the deposit agreement is intermediate, secondary, confirming only the transfer of part of the money, and is an annex to the preliminary purchase and sale agreement.

It is impossible to obtain ownership of a land plot under a deposit agreement; you do not need to register it anywhere; you can only have it notarized to be on the safe side. Legislatively, the concept of a deposit is regulated by Articles 380, 381 of the Civil Code of the Russian Federation.

Rights and obligations of the parties

3.1. The Buyer is obliged to conclude a purchase and sale agreement for the Land plot with the Seller within the period before “…..” …………………. 20….. inclusive.

3.2. Transferred in accordance with Article 1.1. of this Agreement, the amount of the deposit is counted against future payments by the Buyer.

3.3. In case of failure to fulfill the deposit agreement by the Seller (refusal, evasion from concluding a contract for the sale and purchase of the Land plot on “…..” ….…..….……. 20… inclusive), the Seller pays the Buyer within …………… ………… banking days amount in the amount of

….………………………………………………………………………………………(……………) rubles. (in words/numbers)

those. in accordance with Art.

.
381 of the Civil Code of the Russian Federation double the amount of the deposit.3.4. In case of failure to fulfill the deposit agreement by the Buyer (refusal, evasion from concluding a contract for the sale and purchase of the Land plot on “…..” ….…..….…… .
20… inclusive), the amount of the deposit in the amount of

….………………………………………………………………………………………(……………) rubles. (in words/numbers)

in accordance with Art.

. 381 of the Civil Code of the Russian Federation remains with the Seller.

3.5. The parties act voluntarily, are fully capable, are not under guardianship, trusteeship or patronage, do not suffer from illnesses, including mental ones, or are in any other condition that deprives them of the opportunity to understand the meaning of their actions and manage them.

3.6. The Parties guarantee that they are not entering into this Agreement due to a combination of difficult circumstances or on extremely unfavorable conditions for themselves and that this Agreement is not an enslaving deal for them.

Structure and content of the document

There is no established form of agreement - the parties can draw up the document independently or with the involvement of a lawyer.

The deposit agreement form contains the following sections:

• name of the locality, date of compilation;
• information about the parties;
• text part;
• signatures of the parties.

The content of the text part should not be cumbersome, but include all the main points:

• the amount of the deposit and the full cost of the land plot, both in numbers and in words;
• main characteristics and location of the plot, including area, cadastral number;
• validity;
• conditions for the return of transferred funds if the transaction does not take place;
• force majeure;
• contacts of both parties for notification in case of changes in circumstances;
• other.

It is allowed for either party to be represented by a trusted person with a notarized power of attorney.

An approximate sample of a deposit agreement can be downloaded

Here

.

Content nuances

The text part of the document is the most important part that will be taken into account during the process of its registration or use in various proceedings.

In particular, it should contain the following information:

• the amount of the deposit, as well as the final cost of the land plot in question;
• main technical characteristics, as well as the exact location of the land plot;
• the validity period of this document;
• the conditions under which the deposit will be returned upon termination of the transaction;
• the procedure for actions taken in the event of force majeure situations;
• contact details of each party where they can be contacted to clarify changes in circumstances.

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 a main document

—

certificates of ownership

—

There is no need to give away 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.

Purchase of land using maternity capital

is impossible if there is no house built or under construction on the land being purchased.

Are you planning to purchase an apartment under a shared construction agreement? The sample and procedure for its preparation are described here.

To discharge your ex-husband from the apartment, you need to take several actions. This is discussed in detail in our article.

Important features when purchasing an apartment, house or cottage, land, garage and car

A deposit can be made when purchasing absolutely any property. But depending on the subject of the contract, take into account some features of the transactions

.Here are examples of the main

. Read them carefully before you sign the documents and give away your hard-earned money.

Land plot (with and without buildings)

Make sure that the land plot is transferred to the ownership of the owner and not for long-term lease

Check the availability of technical documentation, pay special attention to the survey plan

Fact! Objects located on a land plot must also be registered in ownership.

Garage building

If you are purchasing a garage, first of all check whether the seller owns a land plot in addition to the real estate. You also need to check whether there is consent from municipal authorities for the construction of a garage within this land plot.

Country house, country house

Before concluding a transaction to purchase a summer house, you need to check the availability of ownership. You should also make sure that all owners are involved in the transaction and act as the seller.

• check the technical documentation and the presence of a land surveying plan;
• make sure of the registered ownership of both the land plot and the buildings located on it.

Commercial real estate

1. Request technical documentation for the property (regardless of whether you are going to buy an office or industrial premises).
2. Check the ownership, absence of encumbrances and arrears in payments.
3. Check whether the premises meet fire safety and sanitary standards.

Passenger and cargo transport

Before transferring the deposit, do not forget:

• request information from the traffic police about fines, arrests, and restrictions on registering property rights;
• check the availability of a mortgage on the car through the website of the Federal Notary Chamber or another service.

As a rule, when buying a car, the deposit is limited to 10 thousand rubles.

How is the deposit transferred?

First, agree with the other party in what form you are willing to accept the money: in cash or by transfer (indicate “Deposit for” in the purpose). In any case, the fact of transfer is documented in writing, for this you will need a receipt

. Some points when transferring the deposit:

• the party accepting the deposit writes the receipt manually with a simple ballpoint pen;
• funds are given only after signing the paper;
• It would not be a bad idea to involve independent witnesses (they will be present when drawing up the receipt and transferring the money; relatives will not come up).

For your information! Money can be left in a safe deposit box.

What is indicated in the receipt:

• information about both parties;
• the total expression of the deposit (how much money is transferred in numerical value and in words);
• indicates the number of the contract under which the property will be purchased;
• A brief description of the acquired property is given.

The receipt is sealed with a signature.

Filing an application to a judicial authority

There are several ways to file a claim:

• by mail. In this case, the statement of claim is sent by registered mail with a list of attachments and acknowledgment of receipt. The advantage of this method is that the citizen does not need to personally appear in court and submit documentation. However, there is also a drawback. If the claim is rejected or left without consideration, the citizen learns about it quite late;
• personally come to the court office and submit a statement of claim along with the attached documentation. In this case, the citizen should ask the court employee accepting the statement of claim to make a note indicating receipt of the claim on a copy that remains with the citizen. The main advantage of this method is efficiency.

What must be specified in the initial agreement for the purchase of property

The form of the initial contract is also not regulated by the Civil Code or other legal acts. All that is important is documentation, signing and mandatory indication of the following points:

• information about the entities involved in the transaction (names, surnames and data from the passport are indicated);
• date of preparation of the document;
• brief description of the object of purchase of the contract. If this is an apartment, then the address, number of rooms, set price, etc. are written down;
• until what date the main agreement will be signed (if necessary, the date can be delayed by an additional agreement);
• what amount of money was paid as a deposit payment;
• in what order the buyer will pay the remaining part of the price;
• what to do in the event of force majeure situations.

At the end, the signature of all participants is affixed manually.

What payment amount will be optimal?

The final payment amount is not regulated by Russian legislation, so in fact it can be anything: at least 100 rubles, at least one million. The amount is negotiated and fixed by agreement.

In any case, the payment will be counted towards the main cost of the property.

Eg! If the property costs 3,120,225 rubles. and a deposit of 100,000 rubles has been made on it, then after the conclusion of the main contract the buyer will have to pay an additional 3,020,225 rubles.

The amount of the deposit can be calculated from the main price as a percentage. For an apartment this value fluctuates at 5-10%

. In fact, it is not beneficial for anyone to make a large amount of the deposit payment, because if the deal is terminated due to their fault, the same amount (at a minimum) will have to be returned.