Land advance payment agreement. Deposit agreement for the purchase of real estate

The acquisition of real estate, regardless of its type and purpose, contains many features that are important to know about in advance, and a lot of risks that you should insure against. You can only be guided by similar transactions approximately, since each case will have its own nuances, and changes are made to Russian legislation quite often. One of the most important components of the transaction is a deposit agreement when buying a house, land, apartment, separate territory, building or non-residential premises. These are separate documents from the main contract, called an agreement.

The deposit agreement is concluded before the sale and purchase agreement and is necessary to ensure that the intentions of the parties are serious and the culprit will be liable for the disruption of the transaction. Since the occurrence of unforeseen circumstances is a fairly frequent picture, such a document will not become redundant, but it will provide additional legal protection with state support. This is especially important if there is a financial conflict between the groans.

Such a written agreement compensates not only for the failure of the transaction, but also for the loss of time.

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What is the assignment for?

To understand whether a deposit agreement is really needed when buying a land plot, house or other real estate, you should understand what the deposit itself is. In Russian law, the deposit is referred to in the current Civil Code and is defined as the payment to the seller of a certain amount of money in non-cash form by the buyer as confirmation of the subsequent signing of the contract of sale.

It is important to remember that if a potential buyer makes a deposit without signing an agreement, or other documentary fixation of this fact, he will not be able to return his funds according to the law. Only the document is a confirmation that the payment was actually made. If not, the seller can safely keep the money, and the buyer has the right to file a lawsuit if he believes that he can provide strong evidence of the fact that the money was transferred in the form of a deposit. This will take into account whose fault the transaction did not take place, and what damage each of the parties suffered. But words alone are not enough for the court, you will have to prepare a solid documentary base, and it is very bad for the plaintiff if the relationship between the parties was not documented at all.

An example of compiling a document

When purchasing an apartment, building or house with a land plot, a sample document will look the same:

Before signing

Without an agreement on a deposit when buying a house with a land plot, an apartment or other premises, it is categorically impossible to transfer funds to the seller or another person. There is no document - there is no transfer by law. Excessive gullibility of potential buyers plays into the hands of scammers and unscrupulous sellers who receive money and sell real estate to a completely different person, if 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 carefully read each of its paragraphs 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 fake. In addition, if there is indeed a good reason for the absence of the originals, all copies must be certified by a notary. But one should not exclude fraudulent collusion, which is a very real thing for the real estate market.

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

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

Pay attention to the percentage

When signing an agreement on a deposit, the amount of the deposit must be agreed between the parties. It is calculated as a percentage, depending on the value of the property. This is usually five to ten percent of the price the seller is asking for their property. This amount must be fixed in the text of the agreement along with the conditions for changing it. There are no restrictions on the amount of the deposit. The seller and the potential buyer negotiate it individually, as they see fit.

It is important to pay attention to some points. So, if the seller overestimates the cost of the object, he may demand an increased percentage for the deposit, citing the fact that the property will be reserved for him. On the other hand, when a potential buyer asks to reduce the percentage of the deposit, this may indicate that he is not sure of his choice and continues to search, which means that the deal may be broken and he is worried about losses. However, it also happens that the buyer himself puts an underestimated percentage, which may also indicate his uncertainty. For example, he doubts the price or intends to sell the object to the highest bidder, thereby reducing losses for himself.

Return conditions

There are only two reasons for the return of the deposit, which must be displayed in the text of the agreement:

Whatever the circumstances, it is important to bear in mind that any violation of the terms of an agreement or contract serves as a strong basis for going to court.

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The buyer liked the location, size, shape, and also fits into the price fork, the limits of which were outlined by the future owner in terms of its capabilities.

How to transfer the deposit correctly and not to remain deceived at the same time?

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 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 acquire the site you like without the risk of losing funds, since the contract is signed by both parties. In the text of the document, one of the points should specify the calculation in case of a failed transaction, the potential owner of the allotment is especially interested in this, because it was his money that was transferred as a deposit.

Do not confuse a deposit with an advance!

Legislatively, the limits of the deposit are not regulated, but practice shows that most often this amount is taken to be approximately 10% of the total land valuation.

How is a deposit agreement different from a regular land purchase and sale agreement?

The contract for the sale of land is a full-fledged document, after the signing of which it is possible to produce (subject to the availability of all applications), while the agreement on the deposit - intermediate, secondary, confirming only the transfer of part of the money, and being an annex to.

A land allotment cannot be acquired under a deposit agreement, You do not need to register anywhere, you can only notarize it for insurance purposes. Legislatively, the concept of a deposit is regulated by articles 380, 381 of the Civil Code of the Russian Federation.

Structure and content of the document

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

The form of the deposit agreement contains the following sections:

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

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

It is allowed for any of the parties to be represented by a trustee, with a notarized document.

Fill Features

When filling out a deposit agreement, it is necessary to enter information about the seller and the buyer very accurately and in detail, special attention should be paid to the authenticity of the seller.

Before entering information about a plot of land into a contract, you need to carefully study the title documents for the land allotment - how it got to the current owner, compare the area in all the papers on the land, the cadastral number, to be sure that we are talking about the same allotment. That is why you need to enter the details of all title papers, as well as the cadastral number.

No main document - ownership certificates - you should not give money and bind yourself with a contract, now a huge selection of various land plots is on sale, the documents for which are in perfect order.

If this particular piece of land really appealed to you, then it would not be shameful to look at the seller’s original papers to make sure of their authenticity: the presence of seals, paper quality, etc. future property.

When inspecting, consider the following:

• the presence of buildings on the site, and if they are, then how many of them, they are residential or non-residential, the approximate size, from what materials they are built;
• are there shrubs, trees;
• compliance with the correct location of buildings and trees from the boundaries of the allotment.

All these features of the site, seen in nature, must be compared with the plan. If the buildings are not marked on the plan, then later they will be considered illegal, which will cause problems for the new owner.

It is important to fix inconsistencies or immediately draw a conclusion about the advisability of acquiring such an allotment. Signatures under the document alone are not enough, full name decoding is needed.

It is also important not to miss one important detail: the duration of the contract. Usually this period is from 1 to 2 months, that is, exactly as long as the parties need in order to be ready for the execution of the main transaction.

The day following the expiry date of the deposit contract must be the date of signing the contract of sale.

Since the document refers to the deposit of funds, which, upon continued cooperation, will be credited to the purchase amount, the deposit agreement should be noted as an integral part of the main contract.

Document follow-up

The document on the deposit does not require registration and is kept by each of the parties in its own copy, waiting for the date of the transaction. With a favorable outcome, the seller comes to the meeting with the buyer with a full package of applications, in this case, the deposit agreement is attached to the sales contract.