How to draw up a deposit for the purchase of real estate in the form of an agreement

Why is the document being drawn up?

The deposit agreement is drawn up 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.

Refund

This method of securing the obligations of the parties is quite popular in the real estate market, since we are talking about considerable amounts. The risk of losing money encourages the buyer and seller to approach the purchase and sale transaction responsibly. According to legal norms, if the transaction fails due to the fault of the seller, the deposit must be returned to the buyer in 2 times the amount. If the deal falls through due to the fault of the buyer, he will lose his money paid as a deposit. This procedure is prescribed in Art. 381. Civil Code of the Russian Federation.

The buyer can return the deposit only in one case, if he proves fraud on the part of the seller, legal impurity of the site, or that he was not provided with a full range of information during the preliminary approval of the transaction (for example, the seller kept silent about the presence of defects that do not allow normal operation area in accordance with its purpose).

If the specified requirements for the return of the deposit to the buyer in double amount are ignored, he has the right to go to court to protect his interests. He will have to prove that the seller is avoiding or refusing to conclude the transaction.

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 value 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.

Mandatory conditions for drawing up a pledge agreement

• The pledge agreement must be concluded in writing.
• The presence of a signed purchase and sale agreement at the time of signing the deposit agreement, from which the obligations secured by the pledge follow.
• A handwritten receipt confirming receipt of funds remains with the buyer. It is necessary to indicate the amount of money being transferred, and enter the necessary data about the transaction from which the need for mandatory payment arises. Indicate the full name and passport details of the persons transferring and receiving cash. The signature of the seller and the buyer, if there are witnesses to the conclusion of the transaction, their autographs will also be useful.

Notarization of the receipt is also not required. The number of copies of the document drawn up must be equal to the number of participants in the transaction. The success of the transaction is a well-drafted deposit agreement. The current legislation does not require notarization of the deposit agreement. However, if the terms of the transaction are violated by one of the participants, a contract certified by a notary will speed up the resolution of the issue.

The main purpose of the deposit agreement is to insure the risks of the participants in the transaction against changes in the signed agreements or, in the worst case, refusal of the transaction by one of the participants.

A purchase and sale agreement using a deposit must include a number of necessary data:

• City, date and month of drawing up the contract.
• Detailed description of the purchased plot: postal address, series and number of the document confirming, ownership rights, cadastral number of the purchased plot.
• The settlement procedure under the contract, the procedure for obtaining collateral.
• Duration of contractual obligations, if necessary, prescribe an extension procedure.
• Rights and obligations of the parties.
• Disputes and the procedure for their resolution.
• Presence of force majeure circumstances.
• Addresses, indicating contact details, and details of all parties to the agreement.

The purchase and sale agreement is drawn up in writing . Notarization is not required. Each participant in the transaction must have one copy in hand. You can download a sample purchase and sale agreement here.

It is necessary to clearly understand that the deposit agreement and the preliminary purchase and sale transaction are two different documents. The conclusion of each of them requires correct, from the standpoint of current legislation, registration, which can eliminate many troubles in the future. The guarantee of a successful transaction is a well-drafted deposit agreement. A sample can be viewed here.

The legal consequences and obligations of these agreements are different. The desire to save money when drawing up contracts can have a negative impact if one of the parties to the transaction violates its obligations. The amount of bail is not regulated by law and is established by agreement of the parties. It is, as a rule, up to 10% of the cost of the purchased plot .

After completing the pledge agreement, the agreed amount is transferred to the seller (in cash or by transfer to the seller’s account). The second option is more preferable; if the seller violates the contractual terms, it will be easier to prove the presence of security in the form of collateral. A signed deposit agreement, as a rule, indicates that the seller has ceased active sales of his plot (removed advertisements from various sites, stopped showing), and the buyer has completed the search for plots.

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.

Buying and selling a house with land: how to register

A transaction for the purchase and sale of a land plot with a residential building located on it has certain features and restrictions established by civil and land legislation. Therefore, when completing such a transaction, it is necessary to adhere to the established rules.

You will learn how to register the purchase and sale of a residential building along with a land plot from this article.

There are two main features to keep in mind.

• The first feature: when buying or selling a residential building, the buyer, along with the ownership rights to the house, also transfers the ownership rights to the land plot on which the house is located.
• The second feature: if the house and the land plot belong to the same person (the seller) at the time of registration of the transaction, then the land plot cannot be sold separately without selling the house located on it.

When registering the purchase and sale of a residential building and the land plot underneath it, you must perform a number of actions, which are listed below.

The first thing to do is prepare the necessary documents. These are documents of title, consent of the spouse, extracts from the Unified State Register and other documents.

Next, you need to agree on the terms of the purchase and sale transaction between the buyer and seller.

After agreeing on the essential terms of the transaction, you can begin preparing and executing a contract for the sale and purchase of a house with a land plot.

In general, notarization of the concluded agreement is not required. But in some cases such identification will be required (see below for details).

After signing the purchase and sale agreement, a necessary step will be state registration of the transfer of ownership of the house and land, which is carried out by the Unified State Register of Real Estate (Rosreestr).

But before applying to Rosreestr, you must pay the state fee.

To complete a purchase and sale transaction of a land plot with a residential building and subsequent registration of the transfer of rights, the seller must prepare the following documents:

• title documents for a residential building and land plot. These are the documents on the basis of which he acquired ownership of the house and land. Such documents may include a purchase and sale agreement, a gift agreement, a certificate of inheritance or other documents;
• certificates of state registration of ownership of a residential building and land plot (if these certificates were issued before July 15, 2016), or extracts from the Unified State Register of Real Estate certifying the state registration of ownership of the land plot and house;
• an extract from the house register with information about persons registered in the residential building;
• documents confirming the absence of arrears in payment of utility bills;
• notarized consent of the spouse to sell the house and land (only if the house and land were acquired during the marriage and are the common joint property of the spouses).

Above in the list of required documents are extracts from the Unified State Register of Real Estate (USRN). These extracts are needed by the buyer and the notary.

https://www.youtube.com/watch{q}v=jNQVQHpl_TM

For the buyer, the extract serves as evidence that the residential building and land plot are owned by the seller and are not encumbered in any way.

The information in the extract from the Unified State Register is provided to the seller by this body within three working days from the date of receipt of the request, both in paper and electronic form.

If the transaction is certified by a notary, he himself can request extracts by sending a request to the Unified State Register of Real Estate. In this case, extracts are provided in paper or electronic form by the notary within three days from the date of sending him a request on paper no later than the next business day.

The contract for the sale and purchase of a residential building with a land plot is concluded in simple written form and signed by the parties (seller and buyer). The contract will be considered invalid if the written form is not followed.

A mandatory notarial form for such an agreement is not required, except in cases where the house and plot belong to a minor or a citizen recognized as having limited legal capacity.

The transfer of ownership of a residential building and land plot is subject to mandatory state registration.

When preparing a purchase and sale agreement and determining its terms, it is important to correctly and accurately formulate the subject of the agreement, as well as indicate all the data separately for the house and separately for the land plot.

In relation to a residential building, the purchase and sale agreement must indicate:

• house address;
• square;
• cadastral (inventory) number;
• information about the date and number of registration of the seller’s property rights in the Unified State Register, indicated in his certificate of state registration or extract from the Unified State Register, the grounds for acquiring property rights.

We suggest you read: Are inseparable improvements included in the price of an apartment when selling it?

Regarding the land plot you must indicate:

• address of the land plot;
• land area;
• cadastral number, category of land, type of permitted use;
• information about the date and number of registration of the seller’s property rights in the Unified State Register, indicated in his certificate of state registration or extract from the Unified State Register.

In addition to the subject of the contract, an essential condition when concluding a transaction for the purchase and sale of a house and land is the price of the property. Therefore, the price must be reflected in the contract. In this case, the price of a land plot can be specified separately in the contract or established as part of the cost of a residential building.

Another essential condition of the contract is a list of persons living in a residential building at the time of its sale and retaining the right to use the house after its transfer to the buyer (such persons may be, for example, tenants), indicating their rights to use.

The purchase and sale agreement also needs to reflect the procedure for settlements, terms of release and transfer of a residential building and land plot from the seller to the buyer, information about existing encumbrances (pledge, lease, etc.) or their absence.

A sample contract for the sale and purchase of a land plot with a residential building can be found here.

When transferring a residential building and land plot from the seller to the buyer, the parties can draw up and sign a transfer deed.

If there are two parties to the agreement, then three copies of the agreement must be made, since one copy remains in Rosreestr.

After completing and signing a contract for the sale and purchase of a house with a plot of land, it is necessary to register the transfer of ownership under this contract.

To register, you must pay a state fee, and then contact Rosreestr with an application and the necessary documents.

The following documents must be attached to the application for state registration of rights:

• power of attorney for a representative (if a representative makes the application);
• contract for the sale and purchase of a land plot with a residential building;
• passport.

The state duty is 2,000 rubles. But for registering ownership of a land plot intended for personal subsidiary farming, dacha farming, vegetable gardening, gardening, individual garage or housing construction, the state duty is 350 rubles.

When paying state duty through government service portals, its value is calculated with a coefficient of 0.7.

After registering the occurrence and transfer of rights to a land plot and a house, Rosreestr generates an extract from the Unified State Register of Real Estate, and also puts a special registration inscription on the purchase and sale agreement.

There are risks involved in buying and selling. These risks double when a house with a plot of land is purchased, since in this case two pieces of real estate are bought and sold.

Legislation

When purchasing a residential building with a plot of land, it is necessary to take into account various articles of legislation.

In particular, Articles 273.549-556 of the Civil Code, Article 35 of the Land Code, Law No. 122-FZ, as well as a number of articles of the Tax Code are devoted to the issues of such a transaction.

The procedure for buying and selling a plot of land with a house includes the following main stages:

1. Valuation of objects for sale.
2. Preparation of documents.
3. Drawing up a preliminary agreement.
4. Signing of the main agreement.
5. Transfer of money.
6. Registration.
7. Payment of personal income tax.

The procedure for purchasing land and houses includes the stage of real estate assessment. At this stage, the seller needs to estimate the value of the house with land. He can determine this value independently by analogy with similar objects that are for sale.

A more accurate cost of this house with land can be found out with the help of professional appraisers. Appraisers can determine the value of a plot with a house based on an analysis of the market for this property.

The following factors may influence the value of real estate:

• storage area and house area;
• availability of water supply, electricity, sewerage;
• house building material;
• age of the house;
• the presence of additional structures on the site;
• land quality.

First of all, the seller needs to analyze the availability of title documents. That is, documents on the basis of which he is the owner of this property.

Sometimes such evidence is missing for an objective reason. For example, ownership of a house title was transferred to the owner before the registration system was created. In this case, the seller must contact Rosreestr with a request to register him as the owner.

At the same time, he must submit the relevant documents (deed of sale, gift agreement, inheritance documents, etc.) for the acquired land under the house and for the building itself.

In order to buy a plot, you will need a package of documents:

• Certificate of ownership.
• Technical passport for the house.
• Passport to the land.
• Notarized consent of all residents to leave the house.
• Extract from the Unified State Register.
• Certificate from the tax service.

If necessary, a notary-certified certificate of consent to the spouse’s transaction may be required, as well as permission from the guardianship authorities.

As a rule, when concluding a purchase and sale transaction, both parties want to have some kind of guarantees. Such guarantees are provided through a preliminary agreement. This agreement will help avoid cancellation of the transaction, increasing the price for the lease with the house, and will ensure the deadlines for the implementation of agreements.

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.

Deposit when buying a house

Advice from lawyers:

1. How to properly fill out a deposit or receipt when buying a house.

1.1. A purchase and sale agreement must be drawn up and include payment procedures.

Did the answer help you?YesNo

1.2. Request the document from a lawyer in person or on your own.

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1.3. Drafting a document is a paid service. You can look for samples on the Internet.

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2. When buying a house with a mortgage, is it necessary to give a deposit to the seller?

2.1. Hello! This is decided by mutual agreement between the seller and the buyer (Article 421 of the Civil Code of the Russian Federation). As a rule, this is a mandatory condition of the seller.

Did the answer help you?YesNo

2.2. This is a condition agreed upon with the seller.

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3. How to properly fill out a deposit when buying a house?

3.1. An agreement needs to be drawn up.

Did the answer help you?YesNo

3.2. Preliminary purchase and sale agreement in simple written form.

Did the answer help you?YesNo

4. We entered into a deposit agreement for the house. Where we indicate the lower cost of the house. Can I change my mind and indicate the full cost of the house in the contract when purchasing?

4.1. You can by agreement with the buyer.

Did the answer help you?YesNo

4.2. You can’t do this without the consent of the other party to the contract; the specified condition of the main contract has already been agreed upon and cannot be changed by one party.

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4.3. Good afternoon. In fact, a preliminary agreement obliges the parties to enter into a main agreement under certain conditions. You can make changes to the preliminary agreement and revise the established price, or go to court and prove that a mistake, misconception, etc. has occurred.

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4.4. Good afternoon, look for sure, this is a deposit agreement or a preliminary agreement. If it is preliminary, you can avoid concluding the contract and collect the deposit you paid from the seller. But I need to read the contract in order to advise this option reasonably.

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5. The seller asks for a deposit on a house when buying with a mortgage, but if I give a deposit and the bank does not approve, should the seller return the deposit? The seller says that he is not obliged to give it back, it is not his problem that the bank will not approve it for us. What should we do?

5.1. As a general rule, if the buyer gives a deposit and then refuses to conclude the contract, the deposit remains with the seller. According to the law, he should not be interested in the reasons for your refusal.

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5.2. Good evening, Oksana! The seller is right. A deposit is a way to ensure the fulfillment of obligations. You should not enter into an agreement on a deposit for a transaction that you are not sure is possible, including due to, for example, your lack of funds to purchase real estate.

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6. Please tell me if the buyer gives a deposit when buying a house with a mortgage, but the mortgage was previously rejected, she wants to give a deposit and try again to submit the documents to the bank. If my mortgage is rejected, will I have to return the money?

6.1. Hello. Please clarify your question, how are you going to apply for the deposit? Preliminary purchase and sale agreement or receipt? Or how?

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7. We want to buy a house. When purchasing scrap, it was discovered that the land surveying and technical passport were not in order. Through the agency we concluded a preliminary agreement and a share of the deposit. We paid for the agency's services. We have a mortgage, valid for 2.5 months. The seller does not have time to complete the documents. If the deal is not completed, who will return the money for the agency’s services.

7.1. Good afternoon Try to negotiate with the bank, if the transaction was not concluded due to the fault of one of the parties, all expenses will be borne by that party.

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7.2. This issue should be regulated by an agreement between the buyer and seller. If the issue is not resolved, then no one will return the costs of the agency.

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8. We wanted to buy a house, we gave a deposit of 100 thousand, like for treatment to the owner of the house, we wrote a receipt that we were giving a deposit in front of witnesses, then we were not able to buy the house with our spouse because the house was sold for capital, and we got it we couldn’t do it, we refused to buy the house, the owners promised to return the money but now they refuse, tell me if there is a chance to return at least part of the money.

8.1. You apparently had a purchase and sale agreement under a condition that, for a number of reasons, did not materialize. The question is to what extent this condition was spelled out in the preliminary agreement.

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9. My wife and I paid a deposit when buying a house. A contract was drawn up for 2 months. We take out a mortgage on the house and due to this, it turned out that the house has problems with the land. 2 months have already passed while the issue with the land is being resolved (and it is not known when it will be resolved)... Can I demand the deposit back and cancel the deal without loss?

9.1. If you specifically refuse to conclude an agreement, then, as a general rule, the deposit is not returned, Article 381 of the Civil Code. If the party that gave the deposit is responsible for 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.

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9.2. Good afternoon, in accordance with the provisions of the Civil Code of the Russian Federation. If the party that gave the deposit is responsible for 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. Therefore, you need to clearly determine who is to blame for failure to fulfill the contract; if you cannot complete it for reasons depending on the seller, he is obliged to return the deposit to you in double amount. A detailed answer can only be provided to you after studying your preliminary purchase and sale agreement.

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9.3. Good afternoon Dial by phone. I'll tell you how best to proceed. 89209662192

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10. Tell me please. A contract for the purchase and sale of a house was concluded with a lawyer, the buyer paid a deposit of 100,000. According to the contract, the deposit remains with me in the event of the buyer’s refusal to buy the house. When transferring the deposit, the buyer guaranteed the purchase of the house and asked to remove ads from all sales sites. 2 weeks later the buyer died. My wife demands the money back, but I have already spent some of the money. What to do in this case.

10.1. This is a valid reason. The wife of the deceased can claim the amount paid in court only if she proves that she did not consent to the purchase of the house.

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10.2. Hello, the concept of “deposit” is not provided for by law - there is an advance payment, and since the transaction has not been completed, the advance must be returned; in any case, in court there will be a decision to return the advance payment.

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11. We are buying a house. The deposit has already been given to the seller. The documents for the house are already registered in my name. The seller does not want to let us live until we pay the full amount for the house. Does not allow registration. We use mat. capital upon purchase.

11.1. To answer this question correctly, it is necessary to have information about which documents “issued in your name” are being discussed.

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12. When deciding to purchase a house with a plot of land, a preliminary purchase and sale agreement was concluded, with a deposit and an indication of payment of the final remaining amount. The seller has the right, before concluding the main contract, to demand an additional amount of money (increase the cost) in connection with financial problems that have arisen. How to resolve this issue based on your interests and in accordance with the terms of the preliminary agreement? Thank you.

12.1. No. The deal is more valuable then money. 1. A contract is an agreement between two or more persons to establish, change or terminate civil rights and obligations. 2. The rules on bilateral and multilateral transactions provided for in Chapter 9 of this Code are applied to contracts, unless otherwise established by this Code.

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13. Please tell me if a person gave a deposit when buying a house and under a preliminary agreement within 3 months. had to pay the full amount. As a result, after six months he did not fulfill his obligations. And after a year and 3 months. a person is applying to buy a house with a first mortgage. Is this possible or not?

13.1. Hello! It all depends on the terms of the preliminary purchase and sale agreement. If the contract provides for this, then it can. Good luck to you!

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13.2. Hello! It all depends on the terms of the contract. In addition, according to the Civil Code, he can refuse the purchase and demand the return of the deposit with interest for the use of someone else’s money.

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13.3. Good afternoon, Olga! It all depends on the terms of the preliminary agreement that you entered into with the buyer. It is necessary to look at the reasons why the main agreement was not concluded and what consequences for the parties are specified in the agreement in case of violation of obligations. Every problem has a solution, the main thing is to be able to find it. Thank you for using the site's services!

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14. When buying a house, the seller deliberately concealed the fact that there was no water supply to the house. After receiving the deposit, the family moved into the house and made major, but urgently needed repairs to the house. Throughout this time, the buyer contacted the seller with verbal complaints about the lack of water. Is it possible to terminate the purchase and sale agreement, declare it invalid and return the money for repairs? Or require the seller to install a water supply to this house?

14.1. Hello, I need to look at your purchase and sale agreement to understand whether it was indicated there that the house is transferred along with the water; if this was indicated, you can terminate the agreement.

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14.2. It is not clear that the purchase and sale agreement has already been concluded? Is it registered with the State Registration Committee? Usually the contract states that the buyer has inspected the house, has no complaints about the technical condition, etc. My opinion is that it is unrealistic to recover anything from the seller.

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14.3. Good afternoon In this case, it is necessary to familiarize yourself with the purchase and sale agreement. After this, it will be possible to talk about the prospects of such a case in court.

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15. When selling a house, a situation arose, the buyer gave me a deposit of 5,000 rubles. I removed the ad from sale and refused subsequent bidders. But after a while, the buyer refused the purchase for a reason unknown to me and demanded the deposit be returned. According to him, it was a deposit. There is a trial coming up. What should I do in such a situation?

15.1. You have the right to disagree with the claims. It is advisable to submit a response to the statement of claim to the court hearing, where you will present your arguments.

Did the answer help you?YesNo

15.2. A deposit implies the conclusion of a preliminary purchase and sale agreement; if you entered into a deposit agreement in the presence of a preliminary agreement, you will win the case; if not, then the prepayment will be recognized as an advance payment and you are accordingly obliged to return it.

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15.3. Any agreement regarding a deposit must be in writing. Otherwise, the amount paid must be considered an advance payment. Good luck…

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16. Pl. I left a deposit in the preliminary contract for the purchase of the house. This contract specifies the price of the house. When making a transaction, the seller wants to indicate a much lower price in the DCT so as not to pay a large tax, but this does not suit me due to the associated risks. Thus, the seller does not fulfill the condition of the preliminary agreement to sell the house for the price indicated in it. Does the seller have the legal right to refuse to return my deposit?

16.1. Hello, you can demand the conclusion of an agreement on the terms specified in the preliminary agreement. If the seller refuses, then he is obliged to return your deposit in double amount. Good luck and all the best.

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16.2. Good afternoon. If this is a deposit, then it is returned in double size. Or demand the conclusion of an agreement on agreed terms.

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16.3. Good day to you. Either the seller sells you the house for the agreed amount and the entire amount goes according to the contract, or returns your deposit in double amount. Good luck and all the best.

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17. I paid a deposit for the house but changed my mind about the purchase, due to a number of reasons not explained by the seller at the time of purchase. Can I get my deposit back? If yes, then what should you follow?

17.1. If this amount is formalized specifically as a deposit, then you need to prove the valid reasons why you changed your mind about concluding the contract (the seller’s fault). Otherwise, the seller has the right to keep the deposit for himself (Articles 380-381 of the Civil Code of the Russian Federation).

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17.2. Be guided by the deposit agreement and if you did not conclude a purchase agreement due to the fault of the seller, he is obliged to return the deposit to you, and if you evaded the deal, then no one will return anything to you.

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17.3. If the transfer of money was not formalized as required by law, then it will be considered an advance, so you have every right to demand the money back.

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17.4. Good afternoon Yuri, the question you mentioned is regulated by Art. 381 Civil Code. Due to the fact that you refused to fulfill the obligation, the deposit will not be returned to you.

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17.5. Good afternoon. You can get your money back, because if you did not enter into a preliminary purchase and sale agreement, then your deposit is an ordinary advance, and the advance is always refundable if the transaction does not take place, regardless of the reasons.

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18. Please, when buying a house, what documents should you pay attention to?! And if I give a deposit, what documents are needed?

18.1. Hello! It is necessary to check the grounds for the emergence of ownership, as well as check the documents for the apartment and the documents of the seller. If you give a deposit, I advise you to conclude a preliminary agreement.

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18.2. Hello. When concluding a purchase and sale agreement, you need to pay attention to 1) confirmation of ownership of the house and the land plot underneath it - this can be found out by obtaining an extract from the OGRN; from the extract from the house register you will find out whether there are registered but temporarily retired citizens in the house. The consent of the seller's spouse is required to sell the house if it was purchased during marriage. Then a preliminary purchase and sale agreement and a separate deposit agreement are drawn up. It is better to register them with a notary. The main agreement is signed when registering the transfer of ownership.

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18.3. Good afternoon, First of all, look at the extract from the Unified State Register of Real Estate, where the owner of the house is indicated, and whether any restrictions are imposed on the house, whether the house is encumbered by the rights of third parties. If you give a deposit, you must conclude a Deposit Agreement and be sure to stipulate in the Agreement under what conditions The deposit is refundable.

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19. If we give a deposit to the seller when buying a house against receipt and after that it disappears. What should we do and where should we go?

19.1. Contact the police. According to Part 1 of Article 144 of the Criminal Procedure Code of the Russian Federation, the inquiry officer, the inquiry body, the investigator, the head of the investigative body are obliged to accept, verify a message about any crime committed or being prepared and, within the competence established by this Code, make a decision on it within no later than 3 days from the date of receipt of the specified message. When checking a report of a crime, the inquiry officer, the inquiry body, the investigator, the head of the investigative body has the right to demand documentary checks, audits, studies of documents, objects, corpses, and to involve specialists in these actions.

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19.2. If fraud has been committed against you, then in such a situation it is advisable to contact the police and file a report. The application can be made in any form.

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20. How does the deposit procedure work when buying a private house? How long after completing the deposit do I need to prepare the full amount to purchase a house? And is the deposit included in the price of the house?

20.1. Hello! The timing of payment of the rest of the money for the house is discussed in the deposit agreement. The deposit is included in the price of the house.

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Please about the risks when buying a house in the village, land on long-term lease (49 years)

I want to change my apartment to a private house, we put the apartment up for sale, but we can’t sell it yet.

When buying a house, we drew up an agreement where we specified the amount of the deposit and the period during which the seller must move out.

We are buying a house for rent. capital. The rest of the money we sell the apartment.

What should I do if I give a deposit for the purchase of a house of 310,000 rubles, I wanted to make a preliminary agreement with a notary,

They were selling a house, found a buyer, took a deposit, but wrote the receipt themselves by hand and did not indicate the end date of the deposit.

When purchasing a home in a new building under construction, what documents should you check with the real estate agency? They require a deposit, how do I pay it correctly?

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.

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.

We suggest you read: Tax deduction when buying an apartment

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.

Deposit agreement for the purchase of land - sample 2020

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?

Procedure

In general, the general procedure for drawing up a deposit agreement will be as follows:

1. Inspect the residential building along with the land plot. Check it for compliance with urban planning and fire safety standards.
2. Inspect and verify all necessary documents.
3. Discuss the main points of the transaction.
4. Draw up and sign a deposit agreement if necessary.
5. Give the deposit and receive a receipt stating that the seller has received the amount of money established by the contract.
6. Sign the main agreement.

You need to act in this order. At the same time, it is important to distinguish when it is necessary to sign a deposit agreement, and when you can do without it and immediately conclude the main agreement.

Circumstances

A deposit agreement can be signed in the following cases:

• if the buyer currently does not have enough funds to purchase the object of the transaction, but in the near future he should receive the full amount;
• if the seller does not currently have all the documents necessary to register the transaction, but they should be received in the near future.

And in some other circumstances, when the parties cannot enter into an agreement and register it at the present time, an earnest money agreement may be signed. In this case, it will guarantee the seller that this buyer will in any case buy this object of transaction from him. And in case of violation of obligations by the buyer, the seller will be able to keep the amount of the deposit for himself.

Also, in the opposite case, if the seller violates the agreement, he will have to return the deposit to the buyer in double amount.

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.

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.

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.

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

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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

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certificates of ownership

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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.

Contract of sale

The status of the purchase and sale agreement as the main document when concluding transactions of this type is regulated by the Civil Code of the Russian Federation (Article 454). The main function of the document is a declaration of the obligations of the parties, the seller and the buyer, to implement the transaction on the basis of all agreed upon mutually beneficial conditions without the use of various frauds and other fraudulent elements. In the context of a transaction for the purchase and sale of a plot of land with a house, we are talking about transferring ownership of two objects at once.

Document structure

Structurally, the contract for the sale and purchase of a plot of land with a house consists of the following substantive elements:

• Introductory part: title of the document, date and place of preparation.
• Information about the participants in the transaction: the full name, passport and registration data of the parties of the seller and buyer (authorized representatives) are indicated.
• Subject of the agreement: contains a list of objects that are subject to alienation.
• Contract price indicating the total cost of the objects, as well as individual values ​​​​for each.
• A separate point in the structure outlines the procedure for payment, transfer and taking possession of property.
• Signatures of the parties.

How to compose?

Despite the fact that there is no single model of a purchase and sale agreement approved at the legislative level, and the document is drawn up in any form, when drawing up a paper confirming the alienation of a house with a plot, you should adhere to some substantive rules:

• In terms of a detailed description of the subject of the transaction, special attention should be paid to identification information on the house and land plot.
• Information about the house should display the address of its location, total and living area, purpose of the premises, and data on the ownership document.
• Information on the land property contains location data, total area, cadastral number, category of land, as well as a document confirming the right of ownership and disposal by the seller.
• The amount for which the house and land are sold must be specified in the contract, both in total and separately for the house and the adjacent land area.

What to consider

It is noteworthy that information about objects and their prices are the main conditions in a document of this type. This feature presupposes the most complete reflection in the contract of all information about the alienated objects, since it could potentially become the subject of a dispute.

When drawing up a document, it is important to take into account that only the written format of the agreement will be recognized as valid. The document is drawn up in three copies: one each for the seller and the buyer. The third copy is transferred to Rosreestr.

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