Sample statement of claim for recovery of deposit

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If there is no notary, it is advisable to exchange money and a receipt in the presence of outside witnesses (not from among your loved ones). Our lawyers know the answer to your question. If you want to find out how to solve your particular problem, then ask our duty lawyer online. It's fast, convenient and free! or by phone:

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Refund of money through court The buyer has the right to go to court to collect money from the seller if he believes that the transaction was disrupted for reasons beyond his control or due to the fault of the selling party. Previously, he can send a written claim to the seller demanding the return of funds by a certain date, before the case is sent to court.

Is the deposit refunded or not?

Attention

A deposit to the seller is a confirmation of the buyer’s serious intentions, a guarantee that the transaction will take place. By providing part of the amount in advance under a formal contract, the buyer gains a lot.

Firstly, he reserves the right to make a purchase in which he is interested, and secondly, if the deal falls through through no fault of his own, the second party returns him the amount of the deposit in double amount, although this will require going through legal proceedings. The buyer may also lose money: if he suddenly wants to cancel the transaction on his own whim, the seller has every right not to return the funds to him. Another thing is the presence of objective reasons due to which the buyer refuses the transaction. In this case, he can get the money back if this was provided for in the contract.

Refund of the deposit against receipt for the house and plot

The deposit is a security payment, that is, a payment that would give the parties to the contract confidence that each of them will fulfill their obligations to conclude a future contract or fulfill the terms of the current contract. The content of the article:

• How is it different from an advance?
• When is such a payment made?
• Refund of the deposit in double amount - in what case?
• Is it possible to return the amount paid for the apartment?
• Refund of payment by receipt
• By prior agreement

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Sample receipt for the return of advance payment for an apartment

• Name. It must have the following form: “Receipt for the transfer of advance payment under the agreement dated ... date”;
• The exact date when the document was drawn up;
• Passport details of the parties’ representatives (series, number, issued by, registration);
• Advance amount (indicated in numbers and words);
• A link to the main contract being concluded;
• Detailed description of the property (information includes area, address, number of rooms, etc.);
• The signature of the owner of the property that is the subject of the contract (must necessarily coincide with the signature in his passport).

Buying real estate is always a risky business, because it involves large sums of money. Sometimes, having found a suitable option, a person wants to quickly acquire the desired square meters, and loses his vigilance. As a result, he may suffer financially. One of the tools for ensuring security when purchasing is a receipt for receipt of funds for the apartment.

If the buyer refuses the transaction, is the deposit returned or not?

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 to be paid as an advance unless proven otherwise. 4. Unless otherwise established by law, by agreement of the parties, a deposit may be used to secure the fulfillment of the obligation to conclude the main agreement on the terms provided for by the preliminary agreement (Article 429).

Info

Article 381. Consequences of termination and non-fulfillment of an obligation secured by a deposit 1. If the obligation is terminated before the start of its performance by agreement of the parties or due to impossibility of performance (Article 416), the deposit must be returned.

ConsultantPlus: note.

How easy it is to lose money after receiving a deposit. Subtleties of the law, and no fraud!

May 20, 202047854
Many people think that an advance and a deposit are the same thing. In fact, these are two different settlement mechanisms. Therefore, when receiving a deposit, you need to be prepared for the possibility of losing money. How is this possible? First, some simple definitions. An advance or prepayment is a certain amount of money that, in the presence of two counter-obligations, one of the parties transfers to the other in fulfillment of its obligation before the start of fulfillment of the counter-obligation.
For example, Vasily entered into an agreement with for the supply of ten computers. tells Vasily that he will bring him these devices, but only after he receives an advance payment - the final payment for the products will be after the delivery of the computers. The total amount of the contract is 1000 rubles, Vasily pays 200 rubles in advance, and after delivery another 800 rubles. Both amounts add up and everyone is happy. A deposit is a certain amount of money that one party to the contract transfers to the other party:

• as proof of the conclusion of the contract
• for the fulfillment of obligations under it
• to ensure the fulfillment of obligations under this agreement

In other words, the concept of a deposit is broader, therefore its scope is also wider and the consequences of unfulfilled obligations under an agreement with a deposit differ from the consequences under an agreement with an advance payment.
In the case of an agreement with a deposit, the parties are responsible for failure to fulfill the terms of the agreement, and the deposit serves as a certain basic value on the basis of which the amount of “penalties” will be determined. For example, Vasily wants to buy a car from Sergei for 1000 rubles. Vasily gives the seller a deposit of 200 rubles, which means that he undertakes to buy a car from Sergei. When Vasily brings another 800 rubles, the car goes to him. However, situations are possible when Vasily could not find another 800 rubles, or Sergei remembered that the car was registered not in his name, but in his wife, from whom he is divorced. In this case, according to Belarusian laws, the deposit is paid in double amount. Because the deposit not only performs the function of an advance payment, but also serves as a guarantor of the transaction.

Here's what lawyer
Kira Kasyanova : - The majority of people, including businessmen, do not understand the difference between an advance and a deposit.
Meanwhile, this legal instrument can bring both benefit and harm in the wrong hands. Most often, the deposit mechanism is used when purchasing real estate, but if the contract is drawn up incorrectly, the deposit can magically turn into an advance and greatly upset one of the parties to the contract. The bottom line is that any amount that is transferred under an agreement on an advance payment is regarded as an advance, unless the agreement clearly states that this amount is a deposit. The main purpose of the deposit is to ensure the conclusion of a contract in the future. The seller wants to be sure that the buyer will buy, and the buyer wants to be sure that the seller will not sell the “product” to someone else. The Ministry of Internal Affairs does not warn! How to instantly lose everything you have earned for many years

Providing an advance gives hope that the other party (in the sense of the opposite) is really ready to pay for the contract, but if for some reason the contract is not fulfilled, then the advance must be returned. You can, of course, provide for cunning return conditions in the contract, but that’s a separate conversation. Ultimately, each side remains to its own.

An important feature of the deposit

With a deposit, the matter is more complicated, in the sense of refusal to fulfill the contract. The deposit provides for liability for the party through whose fault the contract is not fulfilled - if through the fault of the party who received the deposit, then the deposit is returned in double amount, and if through the fault of the party who transferred the deposit, then this party is obliged to transfer another amount to the party who received the deposit deposit In other words, the injured party must receive double the amount of the deposit. But scammers are not asleep! Once, when purchasing a residential building, my principal gave the seller a fairly significant amount of deposit, no less than 5 thousand dollars, and everything was processed as expected. But when concluding the purchase and sale agreement for the house, it turned out that the seller had re-registered the house to his daughter. And he refused to return the deposit amount, not only in double amount, but also did not return what he received.

And a judicial epic began, lasting almost 10 years, which proceeded with varying success. The courts made decisions that were later overturned by higher courts, the fraudster wrote endless complaints against both my client and me, and filed lawsuits for the protection of honor and dignity. And in the end, only the amount of the deposit was collected from the fraudster. But it was not possible to fulfill the court decision and receive the money in hand. The scammer’s tactics were simple and effective - he used a legal mechanism to drag my client through the courts until he became exhausted and refused to collect...

How to protect yourself?

Practical recommendations are as follows:

• do not give a large amount as a deposit - even a small amount can convince a conscientious seller of your intention to fulfill the contract, but at the same time, it will not tempt the seller to deceive
• do not take a large amount as a deposit - what if you have a good reason not to enter into an agreement, then you won’t have to return much to the buyer.

It should be remembered that a deposit is not a way to make money, it is (in legal terms) a way to ensure the fulfillment of an obligation. If you have questions or any difficulties, a preliminary consultation with lawyer Kira Kasyanova is free. Call now! www.moepravo.by + 375 29 657 73 71 + 375 29 621 66 38

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Source: www.infobank.by

Not found

Usually, circumstances are indicated that may prevent the completion of a transaction for reasons that do not depend on the parties planning to complete it, namely:

• sudden illness;
• refusal to issue a mortgage;
• a sharp deterioration in financial situation.

The deposit can be returned if both parties agree before the start of the transaction to terminate all obligations, that is, the decision of one party not to sell, and the decision of the other party not to buy the premises. In this case, the matter can be settled peacefully, without disagreement.

If the case goes to court, they may be required to return the deposit in double amount if the contract fails due to the fault of the seller who has not fulfilled his obligations specified in the preliminary contract.

Is it possible to return the advance or deposit paid for an apartment?

Last update: 06/01/2020 Question: When purchasing an apartment, I made an advance payment to the Seller. While we were preparing the documents for the transaction, the situation changed and I changed my mind about buying.

Is it possible to return the deposit (advance payment) for the apartment? And if it is possible, then how? Answer: “Promising does not mean getting married,” this is what another Buyer thinks when he promises the Seller to buy an apartment from him.

And he is in full confidence that if something happens, he will always be able to return his deposit or advance. But no! This is not always the case. It all depends on how the prepayment is made.

What are the options here? And when is it possible to return the deposit or advance payment when purchasing an apartment? Let's figure it out now. In real estate market practice, it is customary to take an advance payment (in the form of a deposit or advance payment) from the Buyer of an apartment at the time of discussing the terms of a future transaction and making a decision to purchase.

Why is this being done? In order for the Seller to be sure that a Buyer for the apartment has already been found, you can remove it from sale and collect documents for the transaction. And the Buyer receives confidence that the selected apartment is assigned (reserved) to him and will not be sold to another person while he checks it and prepares money (incl.

draw up). Cases when the Buyer makes an advance payment (advance payment or deposit) for an apartment may be the following:

1. Conclusion of a preliminary purchase and sale agreement when purchasing an apartment on the secondary market (including from a real estate agency).
2. Concluding a reservation agreement when purchasing an apartment in a new building from the Developer.
3. Conclusion of a Deposit Agreement or an Advance Agreement when purchasing an apartment on the secondary market (directly from the Seller-owner).

When and what kind of agreement is best to conclude and is described in detail in a separate Glossary article at the link.

Here we will only consider cases when and how the Buyer can return the deposit or advance payment for an apartment if his circumstances have changed or he simply changed his mind about buying. Qualitative and quantitative characteristics - see.

in this note.

How is a refund of the deposit for an apartment processed?

In what cases is the seller obliged to return the deposit? Any transaction between the seller and the buyer must be supported by an agreement. This is the basis, without which you cannot give the seller a deposit, much less the entire amount, especially when it comes to buying real estate, where the amounts amount to hundreds of thousands of rubles (the deposit is usually 5-10% of the total amount). According to established legal norms, the deposit is transferred after drawing up a preliminary agreement indicating the cost of the apartment, the amount of the deposit, the wishes and requirements of the parties, for example, with the requirement to check out all people previously living in the premises. It must also indicate in what cases the deposit can be returned.

Sample receipt for a deposit when purchasing an apartment

Do not agree to draw up such an agreement in the form of a simple receipt. After all, the owner of the property may not sell it to you and may not return the money, and his relatives will provide a fake certificate stating that he was not himself when he took the deposit amount from you. Then you will have to go to court and spend a lot of time and effort on this. And no one will give you a guarantee that his decision will be in your favor.

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In our country, this practice is typical specifically for the real estate market. Firstly, because its processes take a lot of time: preparation of documents, registration, registration of rights. Secondly, they always involve large sums of money. That is why both the seller and the buyer need some kind of guarantees.

How to return the deposit to the buyer and seller?

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the free consultation numbers: What is the difference between an advance payment? Both the advance and the deposit are preliminary cash payments. However, the advance, unlike the second one, is not security; it performs only a payment function.

While the deposit performs both payment and security functions.

• The payment function is manifested in partial payment for a product or service.
• Security - guarantees certain actions of the parties.

If the contract is not fulfilled, the advance is returned to the party that paid it. For the deposit, other conditions for return are provided, clearly defined by law. The line between these payments is thin.