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Agreement on deposit
City ________________ ___________________(date)
___________________________________________________________________,
(full name, address, passport details)
hereinafter referred to as the Seller, and _________________________________________________
(full name, address, passport details)
______________________________, hereinafter referred to as the Buyer, have entered into this agreement regarding the following:
1. The Buyer gives the Seller a sum of money in the amount of: _______________________
_________________________________________________________________________
against what is due from him under the upcoming purchase and sale agreement
_________________________________________________________________________
_________________________________________________________________________
(indicate the object of sale and its full cost)
as proof of the conclusion of the contract and to ensure its execution.
2. If a contractual obligation is terminated before the start of performance by agreement of the parties or due to the impossibility of performance, the deposit must be returned to the Buyer in full.
3. If the Buyer is responsible for failure to fulfill the contract, the deposit remains with the Seller.
4. If the Seller is responsible for failure to fulfill the contract, he is obliged to pay the Buyer double the amount of the deposit.
5. The party responsible for non-fulfillment of the contract is obliged, in addition to what is specified in clauses 3 and 4 of this agreement, to compensate the other party for losses, including the amount of the deposit.
6. Disputes that may arise during the execution of the terms of this agreement, the parties will strive to resolve amicably through pre-trial proceedings: through negotiations, exchange of letters, telegrams, faxes, etc. In this case, each of the parties has the right to claim that it has in writing in the form of the results of resolving the issues that have arisen.
7. For all issues that have not found their solution in the text and terms of this agreement, but directly or indirectly arising from the relations of the parties to it, affecting the property interests and business reputation of the parties to the agreement, bearing in mind the need to protect their legally protected rights and interests, the parties of this agreement will be guided by the norms and provisions of the current legislation of the Russian Federation.
8. This agreement comes into force from the day it is signed by the parties, from which it becomes binding on the parties who entered into it. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this agreement.
This agreement is valid for _____________ (until the parties complete their obligations under it) and terminates
_____________________ 20___.
(day, month)
Termination (expiration) of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violations, if any, occurred during the fulfillment of the terms of this agreement.
9. Other conditions
____________________________________________________________________
_________________________________________________________________________
Done (this _____________ agreement is concluded) between the parties - participants indicated below, signed in _________________________
(city, town, etc.)
________________ 20___ in ______________ copies: ___________ for each party
(day, month) (quantity) (how many)
agreement, and all copies have equal legal force.
Signatures of the parties:
____________________FULL NAME. ___________________FULL NAME.
(Seller buyer)
Download the document “Sample form of deposit agreement”
Amount of deposit when purchasing a house with land
The laws of the Russian Federation do not mention what size the deposit should be: the parties must agree on its amount among themselves. The document is a guarantor of the fulfillment of obligations imposed on each subject of the transaction, and also confirms the very fact of transfer of funds.
Article 380 of the Civil Code of the Russian Federation states that a pledge is a monetary payment made by one party in favor of the other, which is included in the payments specified in the purchase and sale agreement and serves as evidence that the transaction will be completed.
If the transfer of money is not documented, it will not be possible to return the funds according to the law. Another proof of transfer, in addition to the agreement, can be a receipt received from the citizen selling the property.
If the seller turns out to be a fraudster, and his deposit is transferred without concluding an agreement, then it will be extremely difficult for the plaintiff to prove the fact of payment of funds. Words that are not supported by relevant papers will most likely not be taken into account.
The deposit in most cases is approximately 5-10% of the cost of the property itself. It differs from advance payment, prepayment and other similar transactions primarily in the features of the return of the amount of money paid. A similar situation arises when one of the parties refuses to conclude a deal.
Who will have the money depends on whose fault the deal was terminated:
- If the buyer initiates, the deposit remains with the seller;
- If the seller initiates, the deposit is returned in double amount.
These terms of the agreement significantly discipline the parties to the transaction, forcing them to take the obligations imposed on them seriously.
If no conflicts or other misunderstandings arise during the conclusion of the transaction, the deposit is deducted from the amount that the buyer is obliged to pay for the property. In this case, the party making the purchase does not risk anything, unless, of course, it decides to prevent the conclusion of the transaction.
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Comments on the document “Sample form of deposit agreement”
Reply 0
| 1 Natalya Pavlovna | 07/31/2014 at 07:52:15 complete garbage deposit agreement is an agreement for an advance payment for a transaction the deal did not take place return the advance payment any court will force you to return the deposit such a concept does not exist as a deposit only if these are not legal entities and the damage from non-completion is proven and how to force the buyer or seller to give a double deposit complete garbage purchase transaction property sales |
Personal message | Reply 0
| Contract-Yurist.Ru Status: Legal company rating 460 | 08/05/2014 at 22:02:12 reply to Natalya Pavlovna This website contains samples of documents that have undergone legal review. You should not leave comments that are not substantiated and are not based on the law. “a deposit agreement is an advance agreement” If you carefully study the current legislation of the Russian Federation, you will see the differences between a deposit and an advance (from a legal point of view, they are significant) and this is by no means the same thing. “the deal did not take place, return the advance; any court will force you to return the deposit” You are not right. The advance can be returned, and if an agreement on a deposit is concluded and, due to the fault of the party that gave the deposit, the purchase and sale agreement was never concluded, then the deposit remains with the seller (clause 2 of Article 381 of the Civil Code of the Russian Federation). And since all our judges have a legal education and know such basic things, not a single court will oblige the return of the deposit if the buyer himself is to blame for the fact that the transaction did not take place. “such a concept does not exist as a deposit only if these are not legal entities and damage from non-completion is proven” So that you have no doubt that such a concept as a “deposit” exists in the law, pay attention to clause 1 of Art. 380 of the Civil Code of the Russian Federation (it specifies the concept of a deposit). For your information, the Civil Code of the Russian Federation applies not only to legal entities, but also to individuals, therefore, an agreement on a deposit can also be concluded between individuals. And for damage caused by failure to complete a transaction, if we speak legally correctly, then losses, the party responsible for failure to fulfill the transaction is obliged to compensate for losses, offset by the amount of the deposit, unless otherwise specified in the contract (clause 2 of Article 381 of the Civil Code of the Russian Federation). “how to force the buyer or seller to give double deposit” According to paragraph 2 of Art. 381 of the Civil Code of the Russian Federation, only the seller is obliged to return the deposit in double amount if, through his fault, the transaction does not take place. You can force this to be done by filing a lawsuit in court and enforcing the court decision through the bailiff service. Article 380. Concept of deposit. Deposit agreement form 1. A deposit is recognized as a sum of money given by one of the contracting parties against the payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution. 2. The agreement on the deposit, regardless of the amount of the deposit, must be made in writing. 3. In case of doubt as to whether the amount paid towards payments due from the party under the contract is a deposit, in particular due to non-compliance with the rule established by paragraph 2 of this article, this amount is considered paid as an advance unless proven otherwise. Article 381. Consequences of termination and failure to fulfill an obligation secured by a deposit 1. If an obligation is terminated before the start of its execution by agreement of the parties or due to the impossibility of fulfillment (Article 416), the deposit must be returned. 2. If the party that gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit. In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract. Therefore, Natalya Pavlovna, before giving such assessments to this or that document, study the legislator’s point of view on this issue. |
Reply 0
| Yelliena | 11/28/2014 at 01:55:40 pm reply to Dogovor-Yurist.Ru Completely illiterate argumentation Dogovor-Yurist.ru! You cite articles of the Civil Code, but you don’t understand their essence. - I look at the book - I see a fig. According to paragraph 1 of Article 380 of the Code, a deposit is recognized as a sum of money given by one of the contracting parties against payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution. While the main agreement has not been concluded (I hope you don’t need to tell you about the conclusion of the apartment purchase and sale agreement), there are no monetary obligations of the parties to each other so that they can be secured. Consequently, it is impossible to use a deposit as security for the fulfillment of obligations under a non-existent contract, and it is also impossible to apply the consequences provided for in paragraph 2 of Article 381 of the Code to the relations arising from it. Therefore, in the event of a dispute, it will be quite legitimate to demand the return of the so-called deposit, but in fact - an advance payment, or worse - simply the use of someone else's money - and the payment of interest. |
Reply 0
| Tatyana Viktorovna | 01/19/2015 at 16:16:06 Point 4 - Must be double the amount? The Seller must return the money to the Buyer. |
Reply 0
| 1 1 | 03/17/2015 at 03:02:44 Articles of the Civil Code of the Russian Federation are not indicated!!! |
Reply 0
| 5 Nikolai | 05.10.2016 at 13:40:23 Thank you, it turned out to be useful |
Reply 0
| Victoria | 01/12/2017 at 10:57:31 excellent contract, exactly what I needed, thank you very much. |
Reply 0
| Alexander | 04/06/2017 at 16:11:44 Yes, a good option, not overloaded and understandable |
Reply 0
| 5 Natalia | 05/05/2017 at 16:11:25 Hello! The form helped a lot. Thank you. |
Reply 0
| 5 Catherine | 05/27/2017 at 00:17:03 Thank you, the form was useful. |
Personal message | Reply 0
| 1 Olga Status: Client | 09/08/2017 at 23:54:32 Download the document “Sample form of deposit agreement” This document of yours is complete nonsense. 1. The Buyer gives the Seller a sum of money in the amount of: _______________________ _________________________________________________________________________ against what is due from him under the upcoming purchase and sale agreement so here it is: a similar situation, only instead of issuing the word pays. The fact that the money was not just issued, but received by the seller, is not specified in the agreement. Our seller simply refused to receive the money. Like, there is no receipt. Which is not needed in by virtue of Article 308 of the Civil Code of the Russian Federation. The trial has been postponed to September 20. What decision will the judge give? Today I saw a lawyer free of charge (from you). He said that we would not prove that the money was transferred, since there was NO clause in the agreement about “ACCEPTANCE BY THE SELLER OF THE DEPOSIT AMOUNT”. And how can we now prove that the text of the agreement “the buyer pays 100,000 rubles to the seller .....” is the fact of transfer and acceptance. deposit (advance). 899061713372 Volgograd. please answer if you can give me any advice. Just don’t talk about the need for a receipt, it’s not needed in relation to this. Article 308 of the Civil Code of the Russian Federation. this is my mail. so I advise you to add “accepted” to your document |
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| 4 Nikolai | 12/20/2017 at 14:13:05 Thank you, useful site. |
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| Vladimir | 12/20/2017 at 15:13:23 Everything that teaches me is useful... Thank you for studying... |
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| Oksana | 02/21/2018 at 10:24:08 I liked it very much |
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| 5 Anna | 04/08/2018 at 20:55:43 helped a lot when preparing a deposit for real estate |
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| 5 Novel | 09/04/2018 at 18:09:38 great very awesome |
Reply 0
| Olya | 10/14/2018 at 18:43:43 great, just what you need |
Reply 0
| 5 Nikolai | 05/27/2019 at 04:55:23 Thank you, clear and concise. |
Reply 0
| Alexander | 06/15/2019 at 19:57:45 Hello! The form helped a lot. Thank you. |
Reply 0
| NN | 08/19/2019 at 01:46:08 EVERYTHING IS GOOD, EVERYTHING IS CLEAR, |
Reply 0
| 5 Larisa | 09/14/2019 at 10:05:17 Thank you, the document is very useful. |
Reply 0
| VASYA PUpktn | 10/18/2019 at 17:10:49 orfpovyraorvyloalvyodalfyadofzhd |
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| 1 Alexei | 01/02/2020 at 10:15:51 It’s difficult to write in more crooked language. |
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| Alexander | 02/06/2020 at 18:33:35 thank you, in simple terms |
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| 5 Jean | 05/25/2020 at 07:08:04 Thank you for the concise and good document! |
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| 5 Basil | 07/15/2020 at 18:44:11 Useful sample document, thank you |
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| 5 Lazy person | 07/23/2020 at 11:53:09 One of the few sane samples |
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| 5 Roman Shilov | 09/07/2020 at 12:04:29 I found what I was looking for. Quite fast and efficient. Thank you very much to the site developers!!! |
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| 5 Artem | 09/10/2020 at 16:49:17 super deposit agreement |
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| 5 Alexander | 02/01/2021 at 20:12:23 Short and clear. Thank you |
Reply 0
| Vladimir | 02/09/2021 at 07:50:50 should fit thanks |
Purpose of the deposit
Earnest money is money paid to the seller before concluding a purchase and sale agreement. Such a payment is regulated by Articles 380 and 381 of the Civil Code of the Russian Federation and becomes a guarantee of the subsequent conclusion of a house purchase and sale agreement.
Taking into account these factors, the following functions of the deposit agreement :
- security - the deposited funds record the intention of the parties and guarantee the fulfillment of accepted obligations;
- evidence - the executed agreement becomes the legal basis for the implementation of the agreement and the conclusion of the purchase and sale agreement;
- payment - the transferred funds are paid towards the total cost of the house and land, which reduces the final settlement amount.
A deposit agreement for the purchase of a house is drawn up if it is necessary to postpone the conclusion of the transaction. The relevance of the agreement may be due to the unavailability of documents, the lack of full amount from the buyer at the current stage, force majeure, or other circumstances.
If the seller and buyer have already reached an agreement, then an appropriate agreement is concluded. In this case, the buyer can be sure that the house will not be sold to a third party, and the seller can be sure that the buyer really intends to buy it.
Return Policy
The deposit for the house and land is returned to the buyer under the following circumstances:
- the seller refuses to sell the property, the return is made regardless of the reason for the refusal;
- the residents were not discharged within the allotted time, which is interpreted by law as an encumbrance on the house being sold;
- the presence of unpaid debts on utility bills also prevents the sale of real estate;
- the seller provided false information about the property, encumbrance, number of owners, pre-emptive right to purchase or other factors.
The deposit is also returned if the terms of the agreement are violated. For example, when the seller does not have time to complete the documents on time or the parties do not conclude a contract for the sale and purchase of a house and land by the specified date.
By law, the seller must return twice the amount of the deposit as a penalty for failing to complete the deal. If the advance payment agreement provided for additional penalties and fines, they are also paid in accordance with the agreement.
The difference between a deposit and an advance
Expert opinion
Mikhailov Konstantin Kirillovich
Lawyer with 7 years of experience. Specializes in the field of civil law. Legal expert.
When drawing up a deposit agreement when buying a house, the transferred funds are often confused with an advance payment. These concepts are often used as synonyms, but according to the law they imply different meanings, order of execution and consequences.
Advance payment has different legislative regulations. Such a payment usually means a partial payment of funds when the purchase and sale agreement has already been concluded. Transfer of an advance payment does not guarantee fulfillment of the terms of the agreement and assumed obligations.
Taking this factor into account, the advance agreement for the purchase of a house with land can be terminated without consequences for both parties. The payment itself is returned in the same amount in which it was transferred to the seller.
Unlike an advance, a deposit has legislative regulation and is aimed at securing the transaction and obligations of the parties. If the agreement is terminated, the seller must return double the amount received.
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What to do next with the agreement?
The deposit agreement does not need to be registered. It is enough to keep a 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.
Expert opinion
Mikhailov Konstantin Kirillovich
Lawyer with 7 years of experience. Specializes in the field of civil law. Legal expert.
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.
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