The concept of an advance is not officially defined in the current legislation, however, according to an advance, any amount pre-paid by the buyer towards payments due to the seller is recognized, but only if the agreement does not stipulate that this amount is a deposit.

The general requirements for preliminary agreements, provided for, apply to the advance agreement.

Features of document preparation

What is the difference between a deposit and an advance?

The main difference between an advance and a deposit lies in the consequences that occur in case of failure to fulfill the main obligation for the security for which the deposit agreement is concluded.

If the advance is actually an advance payment for the apartment, then the deposit is a condition for its fulfillment, that is, security -.

If the seller of the apartment fails to fulfill his obligations to conclude the main agreement for the sale and purchase of the apartment, the buyer receives the right to demand double the amount of the deposit from the seller -.

The legal norms established in relation to the deposit cannot be applied to the advance; the norms established in relation to the loan are applied to it, that is, the actual return of the prepaid amount.

Contents of the advance payment agreement for an apartment

The requirements for an advance agreement are listed in and are mandatory for all types of preliminary agreements.

• The advance agreement must be concluded in writing. Failure to comply with this form leads to its recognition as void -. In addition, an agreement on a penalty not drawn up in writing entails consequences in the form of its being declared invalid -.
• The advance agreement necessarily stipulates the period during which the agreement will be concluded.
• The subject of the contract is established, not only the location of the apartment is indicated, but also its technical characteristics.
• The amount of the advance payment made by the buyer, as well as the timing and procedure for transferring funds, are agreed upon.
• The main terms of the main agreement are agreed upon, for which an advance payment agreement is concluded.

Important! If the advance agreement does not specify the period during which the parties undertake to conclude the main agreement for the purchase and sale of the apartment, then this obligation must be fulfilled within a year from the date of conclusion of the agreement.

In order to avoid problems in the form of failure to fulfill obligations on the part of the seller, namely refusal to enter into an agreement for the purchase and sale of an apartment, it is necessary to include in the advance agreement the conditions for the accrual and payment of penalties provided for in Art. - Civil Code of the Russian Federation.

What to pay attention to when drawing up a contract

Before drawing up a deposit agreement, it is necessary to check the authenticity of the documents provided, both for the apartment being purchased and for the seller himself.

The contract should provide for the seller’s obligations to deregister all residents registered in the apartment he is selling. This especially applies to minor family members. If the apartment is in shared ownership with a minor, then permission from the guardianship and trusteeship authority is required for its sale.

Before drawing up the contract, it is necessary to find out whether the parties are in a marital relationship; if so, then when drawing up the main purchase and sale agreement, the spouse’s permission to buy and sell real estate will be required.

The absence of a spouse's permission to carry out a transaction with real estate that is jointly owned by them is a good reason for declaring the purchase and sale transaction invalid if it is challenged in court.

Completed sample document

Advance agreement

Moscow city "___"________________ 20___

We, Gr.______________________________________________________________________________________________________________________________,

passport_______ series _________ No. ______________, issued “____”___________________________, __________________________________

___________________________________________________________________________, “_______”___________________________ year of birth,

Gr. _________________________________________________________________________________________________________________________________,

passport _______ series _________ No. ______________, issued “_______”___________________________, __________________________________

registered at the address: ________________________________________________________________________________________________________________,

we call it. hereinafter " Salesman", on the one hand, and

Gr.________________________________________________________________________________________________________________________________,

passport series _________ No. ______________, issued “_______”___________________________, __________________________________

_______________________________________________________________________________________, “_______”________________________ year of birth,

registered at the address: ________________________________________________________________________________________________________________,

we call it. hereinafter " Buyer", on the other hand, collectively referred to as " Parties» guided by Art. , Civil Code of the Russian Federation, have entered into this Agreement as follows:

1. The parties undertake, during the term of this agreement, to enter into a contract for the purchase and sale of residential premises in the form of _________ (apartment, room, share in an apartment, house, etc.)_______________ located at the address: _________________________

_____________________________________________________________________________________________________________________________________, (hereinafter referred to as “ Object"), at a price equivalent to ________________________________________________________________________________

2. The object will be registered as the property of the following person/persons: _________________________________________

Or another person as directed by the Buyer.

3. The object has the following characteristics: Area _____________/_____________/_____________ sq. m,
shared living kitchen

telephone number in the facility: _________________________, telephone number: ______________________,
present/absent

phone is ___________________________.
separate/paired

4. Before signing this Agreement, the Buyer transferred to the Seller a sum of money in the amount of _________________________________________________________________________________________________________________ as an advance, to ensure the fulfillment of its obligations to purchase the Object. The advance amount is included in the price of the Object.

5. The owner of the Object is: _______________________________________________________________________________________

Title documents for the Object: ___________________________________________________________________________

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

6. The seller guarantees the truth of the following information:

6.1. The object is not burdened with the rights of third parties (in particular, there are no persons recognized as missing or declared dead in court; those in the army or in prison; those who have been sent to boarding schools, nursing homes and other social protection institutions), rent, commercial hiring, paid or gratuitous use, pledge, etc.; is not in dispute and is not under arrest/ban; the right to dispose of it is not limited.

6.2. Registered in the Facility: ________________________________________________________________________________
_____________________________________________________________________________________________________________________________________.

6.3. The object of unauthorized redevelopment or re-equipment before the signing of this agreement ______________________. The house in which the Object is located is listed for demolition, reconstruction, major repairs ___________________________.
(enabled / not included)

6.4. There is no ban on registering citizens at their place of residence in the Facility.

6.5. The transaction on the basis of which the owners acquired ownership of the Property was completed according to reliable, properly executed documents.

7. The seller undertakes:

7.1. Before signing this agreement, provide the Buyer with the documents necessary to conclude this agreement and the purchase and sale agreement for the Property.

7.2. By “_______”_______________________200___ inclusive, provide the Buyer with the following additional documents: ________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

7.3. Immediately inform the Buyer about all circumstances that could affect the completion of the transaction for the alienation of the Property.

7.4. After signing this agreement, do not carry out redevelopment of the Facility, dismantle equipment and structures, as well as repair and construction work without the consent of the Buyer, and do not enter into similar agreements with third parties for the purpose of alienating the Facility.

7.5. Before signing the purchase and sale agreement for the Property, pay rent, all utility bills, electricity, as well as telephone debt, including for long-distance and international calls.

7.6. Appear in person and ensure the appearance of all owners, users of the Object (in the absence of their notarized obligation to deregister from the Object), spouses of the owners of the Object (in the absence of a notarized consent of the spouse for the transaction), with identification documents, and all other documents necessary for completing the transaction, on the day, time and place agreed with the Buyer (orally or in writing) for:

· signing a purchase and sale agreement for the Property;

· submission of documents for state registration.

(If any of the owners of the Property in any of the above cases acts through a representative, the latter must additionally have with him his passport and a power of attorney to perform the relevant actions, issued in accordance with current legislation).

7.7. Do not give up the telephone number assigned to the Property and provide assistance to the new owner of the Property in re-registering the telephone number by submitting an appropriate application to the territorial telephone center.

7.8. Ensure that all owners and users of the Object are deregistered, including terminating agreements concluded with users or third parties for paid or gratuitous use/hire/lease of the Object, evict and release the Object from property within the time limits agreed upon in the purchase and sale agreement of the Object, and also transfer the Property, unencumbered by any debts, to the new owner under a transfer deed.

8. In case of evasion or refusal of the Seller to fulfill obligations under this agreement, violation by the Seller of its obligations under the agreement or impossibility of concluding a purchase and sale agreement for the Object due to circumstances related to the Seller, his spouse or users of the Object, as well as in the case of provision by the Seller false information about the Object (including in accordance with clause 6 of the agreement), the advance amount is returned to the Buyer within one business day from the moment the specified circumstances arise/detection or the Buyer submits a corresponding demand. At the same time, the Seller pays the Buyer a contractual penalty in an amount equivalent to __________________________________________________________________________________________________________.

9. In the event of failure to conclude a purchase and sale transaction for the Property due to the Buyer’s fault, the advance amount remains with the Seller.

10. In the event of circumstances arising that make it impossible to fulfill obligations under this agreement, for which neither party is responsible (), as well as in the event of the discovery of facts or circumstances that may subsequently lead to the loss or limitation of the new owner’s ownership of the Object (clause 10.1 of the agreement), the Buyer has the right to refuse to purchase the Object. In this case, the entire advance amount is returned to the Buyer.

10.1. Facts and circumstances that may subsequently lead to the loss or limitation of the new owner’s ownership of the Property include, in particular, the following:

1) Violation of legal requirements in at least one of the previous transactions with the Object, such as: the required permissions, consents, refusals were not obtained (for example, the consent of a spouse, waiver of the pre-emptive right to purchase, permission from the guardianship and trusteeship authorities); a transaction was concluded that was directly prohibited by law; with abuse of authority; by invalid power of attorney; the transaction was registered after the death of one of the participants.

2) Detection of possible rights of third parties to the Object, including in connection with violations of the law or infringement of the rights of citizens during privatization, inheritance or as a result of other transactions with the Object, in particular: a minor child of one of the owners or users of the Object is not a member anywhere (former owners or users of the Object - was not registered anywhere) on the registration register; the rights of minor children were violated, including due to the failure to include the child among the owners of the Property or failure to comply with the conditions of the guardianship and trusteeship authorities; there are - temporarily absent persons (in the army, places of deprivation of liberty, homes for the elderly or disabled, boarding schools, with temporary registration at another address or registration at the place of stay), persons recognized as missing or declared dead by the court, persons not who have entered into inheritance rights and have not formalized their refusal to accept the inheritance in the manner prescribed by law.

3) Any of the former owners or former users of the Property was registered in a drug treatment or psychoneurological dispensary at the time of alienation of the Property.

4) Discovery of other facts or circumstances that the Buyer considers significant for the transaction.

11. In the absence of other agreement with the Buyer, the day, time and place of the transaction is considered to be the last day of the validity period of this agreement, 12 hours 00 minutes, office at:

_____________________________________________________________________________________________________________________________________.

12. Transaction procedure:

1. settlement procedure for the transaction - ________________________________________________________________;
(via a safe deposit box or other method)

2. form of agreement for the alienation of the Object - _______________________________________________________________;
(with notarization / simple written form)

3. The period for state registration of the transaction and transfer of ownership is ________________________________.
(7 / 14 / 30 days)

13. Costs associated with the transaction, namely:

1. rent of a safe deposit box - pays: __________________________;
(Seller/Buyer)

2. execution of an agreement for the alienation of the Object - pays: _______________________;
(Seller/Buyer)

3. state registration of the transaction and transfer of ownership - pays: _________________________.
(Seller/Buyer)

14. This agreement comes into force from the date of its signing and is valid until “_______”_____________________200___. inclusive. The term of the agreement may be extended by written consent of the parties.

15. This agreement is drawn up and signed in two copies having equal legal force.

I/We, ______________________________________________________________________________________________________________________________,

_____________________________________________________________________________________________________________________________________.

received from gr. ____________________________________________________________________________________________________________ as an advance in accordance with clause 4 of this agreement, a sum of money in the amount equivalent to _______________________________________________________________________________________________________________.

SIGNATURES OF THE PARTIES:

Salesman:

_______________________________________________________________________________________ ____________________________

______________________________________________________________________________________ ____________________________

(last name, first name, patronymic) (signature)

Buyer:

_____________________________________________________________________________________ ____________________________

(last name, first name, patronymic) (signature)

with the condition of prepayment for the supplied goods in a person acting on the basis, hereinafter referred to as " Supplier", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Buyer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Supplier undertakes to deliver the Goods to the Buyer in accordance with the Specification (Appendices No. 1, which are an integral part of this agreement), and the Buyer undertakes to accept and pay for it.

1.2. The name, assortment, quantity, price of the goods, delivery times are agreed upon by the Parties and are determined in the Specifications (Appendices), which are an integral part of the Agreement.

2. PRICE AND AMOUNT OF THE AGREEMENT

2.1. The Goods supplied under the Contract are paid for at the price agreed upon by the parties in accordance with the Specifications (Appendices) and the tender protocol.

2.2. The total amount of the contract is determined as the total cost of all Goods delivered to the Buyer in accordance with the Specifications (Appendices) for the entire period of validity of the Contract.

2.3. The price for the goods is set in rubles and includes VAT-18%, other taxes and fees, cost of packaging, packaging, labeling and delivery to the Buyer’s warehouse.

3. PAYMENT PROCEDURE

3.1. Payments for the Goods are made on the condition of % prepayment within banking days from the date of issuing the invoice for payment by transferring funds to the Supplier's bank account. Final payment within working days from the moment of signing the delivery note (transfer and acceptance certificates).

3.2. The moment of payment is the receipt of funds to the Supplier's bank account.

3.3. If the Goods are shipped by the Supplier to the Buyer before making an advance payment, then payment for the delivered Goods is made by the Buyer within banking days from the date of issuance of the invoice by the Supplier.

4. DELIVERY ORDER

4.1. The method and terms of delivery are agreed upon by the Parties and are determined in the Specifications (Appendices) to the Agreement.

4.2. The Buyer undertakes to take all appropriate measures to ensure acceptance of the Goods delivered by the Supplier in accordance with the terms of the Agreement, both directly to the Buyer and to the addresses of the recipients specified by the Buyer in the application.

4.3. Upon receipt of the delivered Goods from the carrier, the Buyer or the recipient, on his behalf, undertakes to check the compliance of the Goods with the information specified in the shipping documents, as well as to accept these Goods from the carrier in compliance with the procedure and rules provided for by the regulatory documents governing the activities of the carrier.

4.4. The delivery date is the date of receipt of the Goods by the Buyer, recorded by a mark in the delivery note.

4.5. Ownership of the Goods, as well as the risk of its accidental destruction, deterioration, loss, damage passes to the Buyer from the moment of its receipt in accordance with the invoices.

5. QUALITY AND COMPLETENESS

5.1. The quality of the supplied Goods must comply with the specifications and GOSTs approved by the legislation of the Russian Federation.

5.2. Acceptance of the Goods in terms of quantity and quality is carried out in accordance with the instructions for the acceptance of products in terms of quality and quantity, approved by the Resolutions of the USSR Civil Code dated 06/15/65 No. P-6 and dated 04/25/66 No. P-7, and acceptance of the 5th VP of the Ministry of Defense of the Russian Federation.

5.3. In the event of a discrepancy between the Goods in terms of quantity and quality, a call to the Supplier's representative is required within hours from the date of receipt of the Goods by the Buyer.

5.4. If the Supplier's representative fails to appear, the Buyer accepts the Goods independently, drawing up a report on the established discrepancies in quantity and quality upon acceptance of the Goods.

5.5. If the call of the Supplier's representative turns out to be unfounded, the expenses incurred by the Supplier in connection with the visit to the Buyer will be reimbursed by the latter.

6. RESPONSIBILITY OF THE PARTIES

6.1. The obligations of the parties must be fulfilled properly, on time and in accordance with this Agreement and current legislation.

6.2. A Party to the Agreement whose property interests are violated as a result of non-fulfillment or improper fulfillment of obligations under the Agreement by the other Party has the right to demand full compensation for losses caused to it.

6.3. For failure to fulfill or improper fulfillment of the terms of the Agreement, the Parties are liable in accordance with the current civil legislation.

6.4. A party that has not fulfilled or improperly fulfilled its obligations under the Agreement while fulfilling its terms shall be liable unless it proves that proper fulfillment of obligations was impossible due to force majeure (force majeure), that is, extraordinary and unavoidable circumstances, under specific conditions specifically period of time. The Parties to this Agreement included the following as force majeure circumstances: natural phenomena (earthquake, flood, lightning strike, volcanic eruption, mudflows, landslide, tsunami, etc.), temperature, wind force and precipitation level at the place of fulfillment of obligations under the Agreement, excluding normal life activities for a person; moratorium of authorities and management; strikes organized in accordance with the procedure established by law and other circumstances that may be determined by the Parties to the Agreement as force majeure for the proper fulfillment of obligations.

7. DISPUTE RESOLUTION PROCEDURE

7.1. The parties will strive to resolve all disputes that may arise during the execution of the terms of the Agreement through negotiations, exchange of letters, clarification of the terms of the agreement, drawing up the necessary protocols, additions and changes, exchange of telegrams, faxes, etc.

7.2. If it is impossible to resolve disagreements through negotiations, they are subject to judicial review at the location of the defendant.

8. OTHER CONDITIONS

8.1. This agreement is a standard agreement, any changes to this agreement are made only by the Buyer; if you disagree with any terms of the agreement, the Supplier draws up a protocol of disagreements.

8.2. All changes and additions to this Agreement are made in writing and are an integral part of this Agreement.

8.3. This Agreement comes into force from the date of its signing by the parties and is valid in terms of mutual settlements until they are fully executed.

8.4. The Agreement may be terminated early by agreement of the parties, as well as at the request of one of the Parties in the event of violation by the other party of the obligations provided for in the Agreement.

8.5. If one of the parties changes its legal address, name, bank details, etc., it is obliged to notify the other party in writing within days.

8.6. A facsimile copy of the Agreement and its annexes have equal legal force until the original documents are submitted.

8.7. This Agreement is drawn up and signed in two copies having equal legal force, one copy for each of the parties.

9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Supplier

Buyer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

10. SIGNATURES OF THE PARTIES

Supplier_________________

Buyer _________________

making an advance towards payments under the apartment purchase and sale agreement Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Salesman", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Buyer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. The Buyer made an advance payment to the Seller in the amount of rubles towards payments under the agreement for the sale and purchase of an apartment at the address: .
2. The advance payment is part of the full cost of the specified apartment and is paid to secure the execution of the contract for its alienation in favor of the Buyer and (or) a person at his direction.
3. The seller undertakes, after receiving the advance payment, not to carry out any actions related to the alienation of the specified apartment in favor of third parties.
4. If the transaction for the alienation of the specified apartment is not carried out due to the fault of the Buyer, then the entire amount of the advance payment becomes the property of the Seller. If the transaction is not carried out due to the fault of the Seller, then the entire advance amount is returned to the Buyer within days from the date of request. When selling an apartment to third parties, the advance payment is returned in double amount.
5. The full cost of the specified apartment is rubles and is not subject to change in the future.
6. Costs for completing a purchase and sale transaction include:
   • banking expenses (rental of a safe deposit box in a bank) – paid by: ;
   • legal registration of the alienation agreement - pays: ;
   • payment for registration and transfer of rights - at the expense of: .
7. The specified apartment consists of living room(s), has a total area - sq.m., including without taking into account loggias, balconies, other summer premises - sq.m., living area - sq.m. and belongs by right of ownership on the basis of "" 2020, registered in "" 2020 for; Certificate of home ownership dated "" 2020
8. The property is sold in the condition in which the Buyer inspected it. The Seller certifies that at the time of concluding this Agreement:
   • no agreements have been concluded for the alienation of the above-mentioned Real Estate with third parties;
   • it is not rented, is not under arrest, is not in court proceedings, is not mortgaged, is not encumbered with the rights of third parties and other obligations, there are no persons temporarily absent but retaining the right to use this apartment, there are no debts on taxes and other payments, there are no hidden defects no, there are no other claims against it from third parties.
   There are no other factors that may in the future limit the ownership, disposal or alienation of the Real Estate by new owners.
9. The Seller undertakes to notify the Buyer 24 hours in advance about the day of the transaction; the procedure for its implementation is established by agreement of the parties.
10. If the validity stated in clause 7 does not correspond, as well as if other circumstances are discovered on the basis of which the transaction for the alienation of the Real Estate cannot be registered or may subsequently be declared invalid, the advance payment made on the day of the request is returned to the Buyer, and this Agreement is considered terminated. The buyer is reimbursed for all documented expenses incurred in preparing the transaction.
11. The apartment is subscribed to a telephone number, which the owner of the Property undertakes not to transfer to a new address and to provide a corresponding notarized application to the telephone exchange on the day of signing the alienation agreement.
12. Legal release of the apartment - within the period from the moment of state registration of the purchase and sale agreement, and physical - within days from the moment of state registration of the agreement and transfer of rights.
13. The bank depository for conducting mutual settlements and the center for state registration of the transaction and transfer of ownership are selected by agreement of the parties.
14. The parties agree to enter into a purchase and sale agreement in simple written form.
15. The party responsible for preparing the contract - the Buyer - is obliged to submit its draft before the mortgage procedure is completed.
16. The parties agree to resolve all disputes that may arise during the execution of this Agreement through negotiations and take all measures to resolve disagreements for the mutual satisfaction of their interests. The parties are released from liability for complete or partial failure to fulfill obligations under the Agreement only in the event of force majeure circumstances.
17. All amounts of the Agreement specified in , are paid in rubles at the rate of the Central Bank of the Russian Federation on the day of payment (Article 317 of the Civil Code of the Russian Federation).
18. Validity period of this Agreement: until 2020 inclusive. The contract can be extended by agreement of the parties.
19. The terms of state registration of the real estate alienation agreement are not included in the validity period of this Agreement, which is considered fulfilled and terminates from the moment of filing documents for state registration of the transaction and transfer of ownership.
20. This Agreement has been drawn up in two copies of equal legal force, one for each of the parties. The agreement comes into force from the moment it is signed by both parties.

An advance payment purchase and sale agreement is a common type of agreement, implying that the buyer undertakes to make an advance payment for the goods. Such transactions are beneficial to both the seller and the buyer: they give the first a guarantee that the buyer is interested in the transaction, and the second - that the seller will not sell the goods to a third party.

How to draw up a purchase and sale agreement with prepayment

First of all, it should be clarified that there are two types of prepayment - deposit and advance payment, and they differ from each other. A deposit is a guarantee that the terms of the transaction will be fulfilled. If one of the parties evades fulfillment of obligations under the purchase and sale agreement with advance payment, the deposit will become compensation. Having refused the transaction, the buyer will not receive the deposit back, and the seller in the same situation will return the deposit in double amount. If the parties have agreed on an advance, then under similar circumstances it is returned to the buyer in full.

A sales contract with 100% prepayment has a standard structure. It must contain paragraphs on the subject of the transaction, its value, payment methods, mutual obligations and responsibilities.

You can draw up a preliminary purchase and sale agreement with prepayment directly on the website by filling out the template prepared by our lawyers.