Deposit between individuals

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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”

Form of agreement on deposit for the purchase and sale of a house and land

Agreement on deposit for the purchase and sale of a house and land No.

1. The Depositee received from the Depositor an amount in the amount of rubles to pay for the purchase in the name (full name, date of birth, passport data, resident) of a residential building with outbuildings, conditional No. and consisting of a main log building with outbuildings, a common area of residential premises sq.m., including residential sq.m., inventory number, letters: “A” (residential building), “a” (), “a1” (), “G” (), “G1” ( ), “G2” ( ), “G3” ( ), “G4” ( ), “G5” ( ), No. 1 (fence).

2. The specified residential building is located on a land plot, the total area of which is sq.m. Cadastral number of the plot, category of land: settlement land, provided for individual housing construction.

3. The residential building with outbuildings belongs to the Seller by right of ownership, on the basis of a Certificate of the right to inheritance by law dated "" year, registered in the register under No., issued by a notary.

4. The land plot with cadastral number belongs to the Seller by right of ownership on the basis of the Resolution of the Territorial Administration for Rural Settlement of the Municipal District of the Moscow Region dated "" year No.

In accordance with Art. 131 of the Civil Code of the Russian Federation, the Seller’s ownership right is registered in the Unified State Register of Rights to Real Estate and Transactions with It, about which registration entry No. was made in the year “”, which is confirmed by the Certificate of State Registration of Rights No., issued by the Main Directorate of the Federal Registration Service for the Moscow Region “” of the year.

Further, for convenience, the specified land plot and the house located on it will be referred to as “Objects”.

5. The parties agreed that the total cost of the Objects is set in rubles.

6. The cost of a land plot with a cadastral number, an area of sq.m., located at the address: , is rubles.

7. The cost of a residential building with a conditional number, area sq.m., located at the address: , is rubles. The cost of execution and registration of the purchase and sale agreement for the Property is not included in the indicated amounts.

8. This deposit agreement is valid from the moment of signing and is concluded up to “Year” inclusive.

9. In case of failure to fulfill the deposit agreement by the Depositee (refusal, evasion from concluding a contract for the purchase and sale of the Objects, or failure to appear up to the year "" inclusive at the place established by the preliminary agreement to sign the purchase and sale agreement for the Objects on the terms established by the preliminary agreement for the sale and purchase of the Objects) the Depositor pays the Depositor within seven banking days an amount in the amount of rubles, i.e.

double the amount of the deposit in accordance with Art. 381 of the Civil Code of the Russian Federation.

10. In the event of failure to fulfill the deposit agreement by the Depositor (refusal, evasion from concluding a contract for the purchase and sale of the Objects, or failure to appear up to the year inclusive at the place established by the preliminary agreement, or the principal to sign the purchase and sale agreement for the Object on the terms established by the preliminary purchase agreement - sale of the Object), the amount of the deposit in the amount of rubles remains with the Depositor in accordance with Art.

381 of the Civil Code of the Russian Federation.

Expert opinion

Mikhailov Konstantin Kirillovich

Lawyer with 7 years of experience. Specializes in the field of civil law. Legal expert.

11. The recipient of the deposit undertakes the obligation to transfer the Objects in the form in which they are at the time of signing this deposit agreement according to the acceptance certificate.

12. The amount of money specified in clause.

5 of this agreement, the deposit, minus the deposit paid, is placed before the transaction in the depository cell of the bank of the city, Moscow region, specified in the preliminary agreement.

The earner receives the specified amount immediately after registration of the purchase and sale agreement in the Office of the Federal Service for State Registration, Cadastre and Cartography on the basis of extracts from the unified state register of rights to real estate, where it is certified that the owner of the specified all Objects is listed (F.I.O., date of birth, passport details, resident).

13. The Parties are not responsible for failure to fulfill or improper fulfillment of their obligations under the deposit agreement if this was the result of force majeure, including natural disasters, accidents, illnesses, incapacity of the Parties, changes in the current Legislation, which make further execution of the agreement impossible.

The Parties must notify each other in advance of the occurrence of force majeure in accordance with this deposit agreement.

14. Notifications of the Parties under this deposit agreement may be made in writing to the following addresses:

14.1. For the Depositor: .

14.2. For the Depositor: .

15. Any messages are valid from the day of delivery to the relevant address.

If the notification addresses of one of the Parties change, it is obliged to immediately notify the other Party, provided that such a new address for correspondence can only be an address in Moscow or the Moscow region.

Otherwise, sending correspondence by the Party to the previous address will be considered proper fulfillment of obligations under the deposit agreement.

16. This deposit agreement is an integral part of the preliminary contract for the purchase and sale of a residential building conditional number: and a land plot with cadastral number:, concluded between the Parties in the year “,” drawn up in two copies having equal legal force, one for each of the Parties.

agreements on deposits when purchasing a house with land

Home » Land » deposit agreements when purchasing a house with land

Purchasing real estate, regardless of the purpose for which they will be used and what type they are, has many subtleties that you need to familiarize yourself with in advance, as well as a large number of risks - you need to take care to avoid them, that is, take measures for reinsurance.

It is only worthwhile to rely on transactions that have much in common with your case, since each of them has its own characteristics, and significant changes often occur in the laws of the Russian Federation.

The most important part of the agreement concluded when purchasing a house, land, summer cottage, apartment or any other residential or non-residential property is the agreement on the payment of a deposit. This document is drawn up separately from the main contract, but is one of the main annexes to it.

Comments on the document “Sample form of deposit agreement”

Reply 0

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

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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

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

Natalia

05/05/2017 at 16:11:25

Hello! The form helped a lot. Thank you.

Reply 0

Catherine

05/27/2017 at 00:17:03

Thank you, the form was useful.

Personal message | Reply 0

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

Reply 0

Nikolai

12/20/2017 at 14:13:05

Thank you, useful site.

Reply 0

Vladimir

12/20/2017 at 15:13:23

Everything that teaches me is useful... Thank you for studying...

Reply 0

Oksana

02/21/2018 at 10:24:08

I liked it very much

Reply 0

Anna

04/08/2018 at 20:55:43

helped a lot when preparing a deposit for real estate

Reply 0

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

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

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

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Reply 0

Alexei

01/02/2020 at 10:15:51

It’s difficult to write in more crooked language.

Reply 0

Alexander

02/06/2020 at 18:33:35

thank you, in simple terms

Reply 0

Jean

05/25/2020 at 07:08:04

Thank you for the concise and good document!

Reply 0

Basil

07/15/2020 at 18:44:11

Useful sample document, thank you

Reply 0

Lazy person

07/23/2020 at 11:53:09

One of the few sane samples

Reply 0

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!!!

Reply 0

Artem

09/10/2020 at 16:49:17

super deposit agreement

Reply 0

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

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.

READ Contract agreement between individuals: sample 2021, execution

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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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