Sample receipt of the deposit for the apartment. How to write a receipt

Buying an apartment is a serious decision for everyone. Often, it is not possible to immediately conclude a deal between two participants, so the buyer transfers the deposit to the seller. It acts as the first installment for housing, therefore it is not refunded if the acquirer for various reasons refuses to conclude a transaction. To confirm the transfer of money, the necessary information can be entered into the preliminary contract, but the receipt is most often used. To correctly draw up this document, it is advisable to use a sample receipt on the deposit for the apartment. In this case, you can draw up a document with relevant and necessary information.

Deposit concept

It is represented by a certain amount of funds, which is transferred to the seller before the direct conclusion of the contract, on the basis of which the residential property is sold. It serves as a confirmation of the buyer's intention to complete the transaction in the future. In this case, a deposit and an advance can be used. What is the difference between these concepts? It is as follows:

• the advance is refunded if, for various reasons, the deal breaks down;
• the deposit is not refunded if the main contract is not concluded through the fault of the buyer;
• if the transaction is not concluded due to the seller, then he returns to the second participant a double deposit size.

But these payments have some common features. They express the buyer's intention to purchase a specific property. Each participant in the transaction should know what the difference between the deposit and advance is in order to indicate the exact payment in the receipt.

Concept of receipt

It serves as confirmation of the transfer of funds to the seller of residential real estate. The documentation is compiled on the basis of the provisions of Art. 380 GK. The funds transferred by the seller must be taken into account in the total cost of the object, therefore, after the conclusion of the contract of sale, the amount transferred is reduced by the deposit made.

Instead of the usual receipt, a preliminary agreement may be drawn up. Both documents have legal force only on condition that they are correctly drawn up.

Functions

The receipt upon receipt of the deposit when buying an apartment performs several functions at once:

• security, in which each party has an obligation in the future to sign the main contract;
• evidence-based, as it is with the help of this document that it can be confirmed that an agreement was reached between the two parties to the transaction, and they also intend to conclude a formal agreement in the future;
• payment, which consists in the fact that the deposited amount is part of the main payment for the apartment.

Therefore, a receipt is almost always drawn up if it is not possible to immediately conclude a transaction and make the necessary calculations. In order for each participant in the transaction to be able to use the document in court in case of any disagreements or problems, it is imperative to use the model of the receipt for the deposit for the apartment when entering the information. In this case, you can be sure that all the necessary information will be entered into the document.

When does the money come back?

A preliminary contract for the sale of an apartment with a deposit, as well as a receipt, ensures the conclusion of a formal transaction. This is due to the fact that the buyer will not be able to return his funds if, for various reasons, he does not want to sign a contract. Based on the provisions of Article 381 CC there are certain situations in which the deposit is returned. These include:

• the seller changed his mind about selling his property;
• immediately before the conclusion of the contract, all tenants were not discharged from the apartment;
• there is an encumbrance at the facility that cannot be removed before the signing of the agreement;
• reveals the presence of debts for housing services;
• false information about the immediate property, its owners or tenants was previously transferred to the buyer, for example, it turns out that the property has several owners;
• the seller has violated the basic conditions specified in the receipt or preliminary contract.

Under such conditions, the seller of real estate not only returns the amount received from the potential buyer, but also pays compensation. It is equal to the size of the previously made deposit.

Rules for registration

A deposit and an advance when buying an apartment are the guarantee of a future transaction. In order to be able to use the receipt in court, it must be correctly composed. To do this, the following rules are taken into account:

• Before compiling this document, the buyer must carefully check all the documents available to the seller, since if there are no important documents, it is advisable to refuse to conclude a transaction;
• it is important to get written consent in advance for the sale of housing from the seller’s spouse;
• potential buyers can independently verify whether there is any burden on the selected apartment, for which an extract from the USRN is ordered, since if there is a deposit or an arrest, such a transaction will be dangerous;
• you should ask the seller for a certificate from the Criminal Code, which confirms that the citizen does not have any debts for utilities;
• an extract from the house book is additionally requested, since it is not allowed for minors or legally incapable persons to be registered in the real estate, since it will be difficult to write them out even after purchasing the real estate.

An example of a deposit receipt for an apartment can be studied below.

What documents are prepared?

In order to correctly draw up a receipt, it is important to enter only relevant and reliable information into it. They should be copied from official documents belonging to both parties to the transaction. Therefore, before making a deposit when selling an apartment, the following documentation is prepared:

• preliminary contract, if it is drawn up between two parties;
• passports of citizens from which information is transferred to the receipt;
• documents for the apartment being sold, as the receipt should contain relevant information about this property.

Each participant should check the text to make sure there are no false data.

What information is included?

When drafting this document, it is important to include information on what agreements were reached between the two participants. To avoid fraud with a deposit on the apartment, it is important to carefully study the contents of each official documentation. Be sure to include the following data in the receipt:

• information about the purchased apartment, presented by its address, area, number of rooms and other parameters;
• the exact value of the acquired property;
• information on the parties to the transaction provided by the name and passport data of citizens;
• deposit amount;
• the procedure on the basis of which settlements will be made, for example, it is indicated that the money will be transferred in cash or transferred to the seller’s bank account;
• terms during which the main agreement will be concluded;
• a list of documents prepared for the transaction by each participant;
• it is precisely indicated that the transferred amount is a deposit and not an advance;
• lists various interior items and household appliances that are transferred to the buyer along with the keys to the apartment;
• whether participants will use the notary public service;
• place and date of documentation;
• cadastral information about the apartment.

The receipt confirms that the seller of the property received money from the buyer. After compiling it and receiving the money, he does not have the right to show the object to other potential buyers, enter other persons into the apartment or perform other actions that violate the agreements reached.

The amount of money presented by the deposit is indicated not only by numbers, but also in words, so that it would not be possible to falsify this information in the future.

What mistakes are made?

So that the document does not contain inaccurate information or errors, it is advisable to use a sample receipt on the deposit for the apartment. The most common violations include:

• It is not the recipient of the money that is involved in the drafting of the documentation, but his relatives or outsiders who do not have a notarized power of attorney;
• information is entered on a computer;
• personal data of participants is reduced;
• there are various corrections or blots that are not certified by the signature of both parties to the transaction;
• There is no information on the date and place of formation of the receipt.

All data is entered solely by the seller, and even if he has poor handwriting. The signatures on the receipt must correspond to the signatures in the passports of citizens. It is allowed to involve representatives in the process of drawing up a receipt, but they must have powers of attorney certified by a notary. Additionally, the text must contain the details of this power of attorney.

Conclusion

If a citizen wants to buy an apartment, but only after a certain period of time, then he makes a deposit. For this, it is important to understand how to correctly write a receipt for a deposit for an apartment. The document is proof of the deposit of funds for residential real estate. If the buyer refuses the purchase, he will not receive his funds back. If the seller violates the agreement, he returns the double size of the deposit.

The receipt should be drawn up by the seller, and only reliable and necessary information must be entered into it. Under such conditions, it can be used in court by any section of the transaction to protect its rights and interests.