The deposit is a special guarantee, way of providing obligations of the contract on the basis of which transfer of money on account of production of the payments put subsequently is made. The deposit bears in itself a combination of function of payment, the certificate and ensuring implementation of terms of the contract. The agreement on a deposit has to be issued correctly, surely in writing and with observance of certain requirements.It is required to you
- the contract in which execution money in the form of a deposit is transferred;
- sheets of paper, handle;
- passports of parties concerned;
- money (sum of earnest money) at the buyer.
Make the agreement on a deposit in duplicate, on one each of the parties. The agreement can be issued as completely rukopisno, and by filling of the corresponding form. The law a certain form of the agreement does not make a reservation. Only its written form is provided.
After the heading "Agreement on a Deposit", write a place and time of drawing up the agreement. Further designate the parties of the agreement: "Gr. (Full name), the "Buyer" called further, on the one hand, and gr. (Full names), the "Seller" called further, on the other hand, concluded the present agreement:".
Further specify a subject of the agreement i.e. what the buyer gave the sum and in pursuance of what obligations of the seller. Specify the sum by numerical value with obligatory writing by its copy-book. Begin capital writing of sum of earnest money with a capital letter. Describing obligations of the seller as it is possible more stoutly specify information on object of sale (the description of object, the address of its arrangement, on the basis of what documents it belongs to the seller or the documents granting the right for sale of this object).
Surely specify that the transferred sum joins in the cost of the bought object. And that the cost of this object can be changed only with the consent of both parties.
Further specify in the section "Obligations of the Parties" that the buyer undertakes to get the sold object at the seller in the stipulated terms, and that at non-execution of terms of agreement, depending on a guilty party, there come the following consequences: if because of the buyer, the sum of earnest money remains at the seller; if because of the seller, this sum comes back to the buyer in a double size. Such order is a distinctive feature of a deposit. Also guilty of non-execution of terms of the contract pays to the second party all losses suffered by it connected with non-execution of obligations under the agreement on a deposit.
The following section - "Additional conditions". Here specify that the agreement is made in duplicate, on one by each of the parties. If there are still any additional conditions, designate also them.
Specify period of validity of this agreement, i.e. in the period of what time terms of the contract (purchase and sale of object) have to be realized.
Details of the parties: A full name completely, passport data, the address of registration and the signature of the buyer and the same data signed by the seller. The personal hand-written indication of these data will serve as an additional guarantee of performance of the agreement.
Specify in the section "Calculations of the Parties", what sum the buyer gave, and the seller received, and signatures: "Transferred: signature, full name completely; Received: signature, full name completely".