You will need
- - an agreement in which money is transferred in the form of the Deposit;
- - sheets of paper, pen;
- - passports of the parties involved;
- - the funds (the Deposit amount) from the buyer.
Instruction
1
Deposit agreement, make two copies, one for each of the parties. The agreement may be issued as fully handwritten and by completing the relevant form. The law does not specify a particular form of agreement. There is only the written form.
2
After the heading "Deposit Agreement", write the place and time of drawing up the agreement. Next, designate the parties to the agreement: "Gr. (Name), hereinafter referred to as "Buyer", on the one hand, and gr.(Name), hereinafter referred to as "Seller", on the other hand, have concluded the present agreement".
3
Next, indicate the subject of the agreement, i.e. what the buyer sent the amount and pursuant to any obligation of the seller. Amount specify a numeric value with a mandatory writing it in words. Uppercase writing of the amount of Deposit required start with a capital letter. Describing the seller's obligations, as fully as possible, specify the information on object of sale (property description, street address, on the basis of which documents it belongs to the seller either documents giving the right to sell the object).
4
Be sure to specify that the transferred amount is included in the cost of the purchased object. And that the value of this object may be changed only with the consent of both parties.
5
Later in the section "Obligations of the parties indicate that the buyer agrees to purchase the sold object from the seller at the agreed time and that in default of the terms of the agreement, depending on the guilty party, come the following consequences: if the fault of the buyer, the amount of the Deposit remains with the seller; if by the fault of the seller, this amount will be refunded to the buyer double the amount. This is a distinctive feature of the Deposit. Also guilty of failure to perform terms of the contract shall compensate the other party suffered any damages resulting from non-performance of obligations under the agreement on the Deposit.
6
The following section - "Additional terms". Here, specify that the agreement is made in two copies, one for each of the parties. If there are some additional conditions, then mark them.
7
Specify the expiration date of this agreement, i.e. in the period of time should be implemented the terms of the contract (purchase and sale of the object).
8
Details of the parties: full name, passport number, registration address and signature of the buyer and the same for the signature of the seller. Personal handwritten indication of these data will serve as an additional guarantee of execution of the agreement.
9
In the section "payments" indicate what amount the buyer sent, and the seller has received, and the signature: "Passed: signature, full name, signature, full name".
Note
If the process of payment of the Deposit has not been designed properly, it loses its legal burden. Accordingly, the obligations of the parties under this agreement shall have specified by article 381 of the civil code of the character. I.e. with the default terms of the contract the transferred amount will be considered as advance, advance payment, etc.
Useful advice
In the preparation of documents, especially involving the transfer of money, try to include the maximum presence personally handwritten records of the parties involved. In the event of disputes handwriting examination will confirm or refute the involvement of a particular person in the preparation of the contract. Written texts are more informative load for production of these examination than just signing.
