In daily life we used to call a down payment downpayment.But if you look from the perspective of the Civil Code, the term "deposit" has a broader meaning.In this regard, many people find it difficult to distinguish it from collateral or, for example, compensation.In which cases is the agreement on the deposit and how to properly create, describe below.
What is the deposit?
Under the law, a deposit - a preliminary partial payment for goods and services.In addition, it is still a way to ensure commitment.The deposit is used for large transactions: the purchase of real estate, machinery, contract hire, contract, procurement, tenders and auctions, etc.Provision of such payment shows that the parties are serious and thus guarantee their solvency.
Rules of Procedure
The law does not contain any restrictions on the size of the deposit.Its value is determined at the sole discretion of the parties.It should be remembered that such a payment can be made only in cash.The transfer of promissory notes or bills of exchange can not be considered a deposit.
Naturally, for a testimony of the transfer of a certain amount is required to make the deposit agreement in writing.This is done by executing a separate document that contains relevant provisions.If the parties to perform the contract, the deposit will be one of the payment transaction.But if the contract can not be fulfilled, the deposit is returned.
The agreement
document on receipt of the deposit - a two-way deal, which gives rise to a certain relationship.The agreement, and the most important condition is the size of the payment.In general, the rights and obligations are one-sided, but nevertheless to continue to conclude the basic contract, the agreement on the deposit shall contain such responsibilities to the payee:
- take a certain amount of a particular location;
- issue a receipt for the money;
- depending on the subject of the transaction it may have other requirements.
In addition, the recipient has to deposit subsequently to conclude a contract only with a specific person (ie those who gave the deposit).Moreover, before the conclusion of such an agreement, the parties shall have to issue the contract, which is provided by the deposit.
Termination of deposit
Do not confuse these seemingly similar concepts as "deposit" and "advance."The first is a significant difference from the second, and it consists in the fact that non-compliance with its obligations under the party that provided the deposit is deprived of it.That is, such a payment will have zadatkopoluchatelya.If we refuse to perform the contract recipient of this amount, then there is not only the termination of the Deposit Agreement and the payment and his double.
With regard to the advance, it does not carry any "punitive" functions.In case of default arrangements culprit is not deprived of this amount.Consequently, the advance deposit and there are different consequences.
At the same time there may be cases where the termination of the Deposit Agreement is accompanied by a return of the payment.Thus, if the transaction terminated by agreement of the parties, or if it is impossible to fulfill, the payment must be returned.These rules generally mean that if there are any circumstances in connection with which the contract can not be fulfilled, the deposit is returned.
contents of this document This document must contain certain mandatory details.We have already pointed out that only in writing written agreement of deposit.A sample of this document does not have any strict form of a single, yet it must be present, such information:
- title of the document (the agreement about the transfer of the deposit by prior agreement), date and place of preparation.
- name and passport details of the parties.
- also indicated the basis for questioning the deposit (for example, by signing the preliminary contract of lease or sale and purchase).
- further indicated a particular object, that is, for what is given deposit (premises, vehicles, etc.).
- Penalties, if one of the parties to abandon the transaction (refund of double the amount to the payee or non-return money to the person who gave the deposit).
- Other conditions, not contrary to law.
- Signatures parties to the agreement.
errors at registration agreement
Very often, parties can avoid various legal errors in the design of the Deposit Agreement.Let us consider the most common.
Sometimes the person making out the document to indicate that the money is not transferred as a deposit, and as a pledge.It is fundamentally wrong, such payment can not be considered a guarantee, as this is contrary to the concept of pledge.At the same time, such an agreement can not testify and the transfer of the collateral, because in fact there is no direct instruction.
second error - the parties conclude an agreement on the deposit, but transferred to the payment referred to in advance.Because of this provision on the deposit slip will not be applied.Assuming such errors the money can be returned, however, to achieve this, often have to spend a lot of time and effort.
Terms of the agreement on the advance for certain types of transactions
In general, the rules of the document on the transfer of the deposit for the different categories of transactions almost otlicha.tsya.However, for contracts where the property appears not to conclude an agreement on the transfer of the payment as a deposit for a buyer for more than risky.In addition, the document drawn up incorrectly can lead to unpleasant consequences.Transfer payment and make an agreement about the deposit land, residential or non-residential premises or other real estate at the best notary.It is also important to demand, in addition to the agreement and receipt of payment.This document is kept by the buyer to complete the transaction.
Subtleties of the transactions lease
transmission warranty attest to the fact of payment is important not only at the conclusion of the contract of sale.Such paper can be composed in principle almost any kind of transaction.Unfortunately, many people believe that if they are going to take an object out, you can not enter into an agreement on the advance.Rent - is also a serious procedure.Especially when it comes, for example, of some commercial premises.Imagine you have agreed with the landlord that the rent will be in his sales pavilion.This is very beneficial for you, because it is in a good place or rent will be low.But the owner changed his mind and took the room, and the entrepreneur has to find a new place, losing your income.Therefore, in this case it is necessary to insist on an agreement on the advance, the future employer has every right to do.
Finally
to sign an agreement on the advance should adhere to a set of simple rules.From the validity of this document, in fact, it depends on the fate of the transaction.Also, before the transfer payment should agree on all the nuances and get a receipt from the seller the receipt of money.Deposit - this is your reliable guarantee that the agreement carried out, so do not neglect their legal right.
