This organization reviews and verifies the activities of any individuals and legal entities providing services or making sales. She stands guard over compliance with the law “On the Protection of Consumer Rights”, so if you were not provided with a service, send a request there - they will start checking the contractor, and he will either return your money or still complete his work;

• Court - in complex cases, you can draw up a claim attaching all the evidence of fraudulent or illegal actions of the performers. The court will help you come to an agreement and resolve all monetary disputes, consider paying you a penalty or penalty for late provision of services. Be sure to include with your claim the contractor’s refusal to return the money if this is exactly what happened.

Refunds for services not provided: procedure and terms of return

Information on the receipt of foreign currency earnings into the Russian Federation from the export of goods...loaded for export in 1996, total -+-+-+-+- 1.1. of which: - cost of export goods shipped against prepayment -+-+-+-+- 2. receipt of export proceeds in 1996, total -+-+-+-+- 2.1. of which: receipt of revenue on average...

• Sample. Claim for shortage (defective) goods Statements of claim, complaints, petitions, claims → Sample. Claim for shortage (defective) of goods ... thief no.

  
  from "" 20, invoice no. from "" 20 to account no. from "" 20, the address (name of organization) received goods (name of goods) art. at a price of rub. in quantities worth RUB. the specified goods have arrived. (type of transport...

• Sample. Act of damage, damage, scrap of goods (material).

Sample claim for refund of advance payment for services not provided

How can I get my money back for a service that was not provided?

1. Wait for a response and refund;
2. Submit an application to the service provider;
3. File a claim in court.
4. In case of refusal, contact Rospotrebnadzor;

If the parties to the conflict do not reach an agreement, then, according to the Law “On Protection of Consumer Rights,” you have the right to file a claim in court for a refund. You also need to have a previous contact with the performer with you. Federal law must also include: full and abbreviated names, address (location) and postal address of the travel agent; information that the person (performer) providing services to tourists and (or) other customers under an agreement on the sale of a tourism product is a tour operator; Similar conditions are enshrined in paragraph.

Claim for refund of advance payment for apartment

Sample: Claim for refund of advance payment for an apartment In this situation, it is often impossible to even get the seller to answer a phone call, but what to do if you encounter this? Let's figure out what the law says about this. back to contents Grounds Any violation of the contract for the provision of services to you is considered sufficient grounds for a refund. In this case, most often, the terms of such a return are clearly stated in the contract. The grounds for requesting funds from the seller may be:

• Delay – you were not provided with services within the time specified in the contract;
• Refusal by you personally of the obligations of the contract - you changed your mind about receiving the service before it could be provided to you;
• Detection of the illegality of the services supplied by the seller (illegal work of an organization or individual entrepreneur);

In case of delay, there is an outright violation of the contract.

Application for refund of prepayment for services sample

Claim for refund of advance payment for goods If it does not say that the person or service providing you with services has the right to extend the period of their provision as it sees fit, without receiving delivery or custom-made clothes on time (for example), you have every right refuse your order and also request the entire amount you paid. However, if the service was not provided to you due to the fault of the seller or service, this rule does not apply. Only if you yourself refuse the service, and there are no delays or violations of the contract on the part of the contractor, the advance payment can remain with him.

If you refuse yourself because you changed your mind due to reading reviews or choosing another company, then the contractor who has already concluded an agreement with you has the right to ask you to compensate for the expenses for what has already been done. Refund for services not provided.

How to return an advance payment for an item?

Important

However, he has every right to a refund of the full amount. This rule applies “by default” and can be changed by a valid agreement with the seller. However, in most cases, a return is possible without any problems.

The return method is a completely different matter. Often, only two are used: either canceling the contract or writing a separate statement. In the first case, the preliminary purchase and sale agreements that were concluded are terminated, and each party remains to its own. In the second case, you have to write an additional statement or even a claim addressed to the store manager.
Most often, this is a simple legal formality that is needed so that the seller’s management can record the fact of a refund. But if you encounter any difficulties, then a complaint to the store management can be a very effective method of obtaining your funds.

Refund for services not provided. how to write an application?

The range of services provided to the population today is enormous. Some of them are free, some are for a fee. It is generally accepted that paid services should be of higher quality than gratuitous ones.

Attention

This is partly a correct judgment. Meanwhile, in practice, there are often cases when a client who has paid the agreed amount does not receive the expected service. What to do in such a situation? Does the law provide for refunds for services not provided? Let's look into this further. General information Indeed, as practice shows, cases of non-provision of already paid services are quite frequent.

But before making claims, you need to figure out who is to blame for what happened? After all, situations can be different. For example, the service may not have been provided due to the client’s illness, dishonesty of the supplier, or other circumstances.
Sample claim for refund of advance payment for services not provided Situations are widespread when the client is dissatisfied with the execution of his order. While using any service, he could suffer serious inconvenience or lose time due to poor quality service. In addition, the consumer does not always receive the services for which he paid.
For example, a store clerk did not provide relevant information about the product or refused to return you a product of poor quality. What to do in a situation where you paid for services, but they were not provided to you? How to resolve a conflict with an unscrupulous service provider? How can I get my money back and who should I address my claims to? Read about this in this article.

Application for refund of advance payment for services

Based on the results of consideration of the complaint or court decision, if your requirements according to the text of the complaint are satisfied, penalties for delay and for causing moral damage will be added to the requested amount. Claim for the return of advance payment for goods I believe that we will not have either an agreement or an act. Deere wants to return at least part of the funds, the same friend promised to return it, but also not the full amount, since his team supposedly managed to do something on the site (site promotion services). The process of downloading a document The range of services provided to the population today is enormous. Some of them are free, some are for a fee. It is generally accepted that paid services should be of higher quality than gratuitous ones.
This is partly a correct judgment. Meanwhile, in practice, there are often cases when a client who has paid the agreed amount does not receive the expected service.
You have the right to deliver an ultimatum to the contractor, promising to send information about what happened to other authorities - this is considered acceptable. However, any overly emotional language may give authorities a reason not to respond to you at all if it comes to contacting them. The response to such a claim must come to you within 10 days, no matter where you apply. back to contents Where to submit

1. To the head of the organization providing you services - information about the boss is usually found in the contract itself, as well as contact information. To clearly know that your application will be accepted, send it by registered mail - this way the organization will not be able to refuse it, since you will still have confirmation receipts for sending the message;
2. Rospotrebnadzor - through the official website, by mail, by phone or in person at a representative office in your region.

On 07/07/2014, I, the Citizen, entered into an agreement for the provision of real estate services with the Real Estate Agency (hereinafter referred to as the Defendant), according to which the Defendant undertook to undertake the obligation to exchange the apartment owned by me and the citizen on the right of shared ownership, located at the address: Moscow, st. Avtozavodskaya, on KGT 12 sq.m. and a one-room apartment with an additional payment on my part in the amount of up to 100,000 (one hundred thousand) rubles.

The defendant found a buyer for my apartment and selected exchange options for KGT 12 sq.m. and a one-room apartment located at the address: Moscow, st. Arbatetskaya (hereinafter referred to as a one-room apartment), with which I agreed.

The transaction for registering the right to real estate at the Justice Institution for registering rights to real estate and transactions with it was scheduled for 09/02/2004. The sale of an apartment belonging to me and the Citizen and my purchase of a one-room apartment, in agreement with all parties to the transaction and the Defendant, were made on the same day.

To purchase a one-room apartment, I made an advance payment in the amount of 10,000 (ten thousand) rubles to the Defendant, about which an advance payment agreement for No. 888 was drawn up between me and the Defendant on August 14, 2004.

A few days before the transaction, it became known that the seller of the one-room apartment could not appear at the Justice Institution on the appointed day. I informed the Defendant about this. Since the parties to the transaction stipulated that the purchase and sale of the above real estate properties be carried out on the same day, I refused to sell my apartment on the appointed day.

Ultimately, neither my purchase of a one-room apartment nor the sale of the apartment belonging to me and the Citizen took place. In this connection, on October 6, 2004, I submitted an application to the Defendant for the return of the advance payment in the amount of 10,000 (ten thousand) rubles, which I paid towards the purchase of a one-room apartment. The defendant responded to my application with a categorical refusal, citing the fact that my purchase of a one-room apartment did not take place solely through my fault.

p.p. 3.2. Clause 3 of the advance agreement dated August 14, 2014 No. 118, concluded between me and the Defendant, provides that the Defendant does not return the advance amount only if the Client (in this case, me) refuses to purchase the apartment. In turn, I did not refuse to buy a one-room apartment. The owner of a one-room apartment refused to sell it on the appointed day.

In accordance with paragraph 2 of Art. 235 of the Civil Code of the Russian Federation, forced seizure of property from the owner is not allowed, except in cases where, on the grounds provided for by law, the following are carried out:

1) foreclosure on property for obligations (Article 237);

2) alienation of property that, by virtue of law, cannot belong to a given person (Article 238);

3) alienation of real estate in connection with the seizure of a plot (Article 239);

4) redemption of mismanaged cultural property and domestic animals (Articles 240 and 241);

5) requisition (Article 242);

6) confiscation (Article 243);

7) alienation of property in cases provided for in paragraph 4 of Article 252, paragraph 2 of Article 272, articles 282, 285, 293 of the Civil Code of the Russian Federation.

Thus, I did not have the right to force the owner of a one-room apartment to sell it.

Based on the above, I believe that in this case the circumstances provided for in paragraph 1 of Art. 416 of the Civil Code of the Russian Federation, leading to the termination of obligations for which none of the parties to the agreement is responsible.

p.p. 3.1.2. Clause 3 of the advance agreement dated August 14, 2014 No. 118, concluded between me and the Defendant, established that the Contractor under the agreement (in this case, the Defendant) returns the advance in full to the Client (in this case, me) if it is impossible to fulfill obligations assumed under the contract.

Thus, I consider it unlawful for the Defendant to withhold an advance payment in the amount of 10,000 (ten thousand) rubles, which I paid to the Defendant for the purchase of a one-room apartment under the advance agreement dated August 14, 2014 for No. 118.

In addition to the above, for seven months the Defendant unlawfully used my funds in the amount of 10,000 rubles, which he received from me, as an advance payment towards my purchase of a one-room apartment.

Based on the meaning of paragraph 1 of Art. 395 of the Civil Code of the Russian Federation, which stipulates that for the use of someone else’s funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location on the day of fulfillment of the monetary obligation or its corresponding part. When collecting a debt in court, the court may satisfy the creditor's claim based on the discount rate of bank interest on the day the claim was filed or on the day the decision was made. These rules apply unless a different interest rate is established by law or agreement. Thus, I believe that the Defendant must return to me the amount of 730 rubles. (RUB 10,000 x 13% / 365 days x 205 days), based on the refinancing rate of the Central Bank of the Russian Federation - 13 percent - at the time of filing the claim.

Based on the above, guided by Art. 23, 98, 133 Code of Civil Procedure of the Russian Federation, Art. Art. 12, 395, 416 Civil Code of the Russian Federation,

1. To recover from the Defendant the amount of the advance payment made towards the purchase of the apartment under the advance agreement dated August 14, 2014, concluded between the Citizen and the Real Estate Agency, in the amount of 10,000 (ten thousand) rubles in favor of the Plaintiff;
2. To collect from the Defendant an amount of 730 (seven hundred) rubles - interest for the use of other people's funds;
3. Recover from the Defendant all legal costs incurred in the case.

Applications:

1. A copy of the agreement for the provision of real estate services dated 07/07/2014 No. 90;
2. A copy of the advance agreement dated August 14, 2014, No. 118;
3. A copy of the purchase and sale agreement dated February 27, 2013;
4. A copy of the power of attorney dated 08/04/2014;
5. A copy of the consent to sell the apartment dated July 31, 2014;
6. Copy of the application dated 10/06/2014;
7. Certificate on the refinancing rate of the Central Bank of the Russian Federation;
8. Receipt for payment of state duty;
9. A copy of the statement of claim.

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Claims

Claim demanding the return of the deposit in double amount and interest for the use of funds

[To Vladimir Vladimirovich Ivanov]
Address:

From [Petrov Yuri Anatolyevich]
Address:
Claim
Dear [Ivanov Vladimir Vladimirovich], due to the failure to fulfill the obligations imposed on you by the Agreement dated back to 2018, I am writing to you with this Claim and explaining the following:
year, an Agreement was concluded between me, [Petrov Yuri Anatolyevich] (Buyer), and you, [Ivanov Vladimir Vladimirovich] (Seller), according to which the Seller undertakes to sell to the Buyer, and the Buyer to purchase and pay for the property (apartment) located at : [Moscow, st. Marshala Katukova, 1, bldg. 2, apt. 3].
In accordance with clause 12 of the Agreement, in order to secure the obligations assumed to purchase the Object, the Buyer transferred, and the Seller received, funds in the amount of rubles.
Based on this fact, you wrote a receipt for receipt of funds in the amount of rubles as a deposit under the Agreement dated 12 months.
In accordance with clause of the Agreement, the Sales and Purchase Agreement is signed by the parties no later than one year. Estimated date for signing the purchase and sale agreement, which can be changed by agreement of the parties.
For the proper fulfillment of obligations under the Agreement, I took appropriate measures: namely, I prepared funds to pay for the Apartment under the purchase and sale agreement, and repeatedly sent letters and messages requesting approval of the place and time of concluding the agreement for the sale and purchase of the apartment. The apartment suited me completely, and I was not looking for another option for purchase. But, as it later turned out, that on your initiative, [apartment located at the address: Moscow, st. Marshala Katukova, 1, bldg. 2, apt. 3], was sold to a third party for a higher price. I was not properly notified of your refusal to fulfill obligations under the Agreement from a year ago. These circumstances put me in a difficult situation and caused me significant losses.
According to Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.
According to Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed, except in cases provided for by law.
In accordance with Art. 381 of the Civil Code of the Russian Federation, if the obligation is terminated before the start of its performance by agreement of the parties or due to the impossibility of performance (Article 416 of the Civil Code of the Russian Federation), the deposit must be returned. If the party who gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for the failure to fulfill the contract, he is obliged to pay the other party double the amount of the deposit. In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract.
According to [p. 20] of the Agreement, if, within the period specified in clause 15 of the Agreement, and on the terms agreed upon in accordance with this Agreement, at the initiative of the seller, the signing of the purchase and sale agreement for the Object did not take place (including due to its failure to fulfill its obligations), the specified in this Agreement, the amount must be returned to the Buyer in double amount within 2 business days from the date of request.
Thus, having received as security an obligation to conclude an agreement for the sale and purchase of an Apartment and in payment for the Apartment a deposit in the amount of rubles, you have not fulfilled (or rather, avoided fulfilling) this obligation and, therefore, are obliged to pay me a double amount of the deposit in the amount of rubles .
rubles were returned to me, but in violation of the terms of the Agreement, you refused to return the deposit amount in double amount, citing the rapid increase in the exchange rate against the ruble and the fact that this fact is a force majeure circumstance (force majeure).
According to paragraph 3 of Art. 401 of the Civil Code of the Russian Federation, unless otherwise provided by law or contract, a person who has not fulfilled or improperly fulfilled an obligation is liable unless he proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. Such circumstances do not include, in particular, violation of obligations on the part of the debtor's counterparties, lack of goods on the market necessary for execution, or lack of necessary funds from the debtor.
According to Art. 395 of the Civil Code of the Russian Federation for the use of someone else’s funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location on the day of fulfillment of the monetary obligation or its corresponding part. When collecting a debt in court, the court may satisfy the creditor's claim based on the discount rate of bank interest on the day the claim was filed or on the day the decision was made. These rules apply unless a different interest rate is established by law or agreement. If the losses caused to the creditor by the unlawful use of his funds exceed the amount of interest due to him on the basis of paragraph 1 of this article, he has the right to demand compensation from the debtor for losses in the amount exceeding this amount. Interest for the use of someone else's funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the accrual of interest by law, other legal acts or agreement.
According to the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of October 8, 1998 No. 13/14, when calculating the annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days in a year (month) is taken equal to 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.
Interest is accrued until the moment of actual fulfillment of the monetary obligation, determined on the basis of the conditions on the procedure for payments, the form of settlements and the provisions of Article 316 of the Civil Code of the Russian Federation on the place of fulfillment of the monetary obligation, unless otherwise established by law or agreement of the parties.
Within the framework of Art. 395 of the Civil Code of the Russian Federation, I distinguish two periods:
1. The period for which the calculation was made from year to year. Number of days of delay: .
The amount of rubles (the amount of the deposit in accordance with [clause 12] of the Agreement).

Calculation: rubles.
The amount of interest for using someone else's money will be rubles.
2. The period for which the calculation was made from year to year.
Number of days overdue: .
Amount (the amount to be returned if the buyer refuses to complete the transaction).
The refinancing rate of the Bank of Russia from the year at the time of filing the claim is %.
Calculation: .
The amount of interest for using someone else's money will be .
Based on the above, in fulfillment of the obligations provided for in the Agreement dated
I ask you:
1. Pay me rubles, the remainder of the deposit provided for [p. 20] Agreements and art. 381 Civil Code of the Russian Federation.
2. In case of refusal to fulfill obligations, please inform me in writing of the reasons and send the response to the following address:
Additionally, I inform you that in the event of voluntary fulfillment of obligations under this Agreement, I will refuse to make claims against you
- on the payment of interest for the use of other people's funds in the amount of rubles.
- on payment of interest for late repayment of funds in the amount of .
Otherwise, I will be forced to go to court to protect my legal rights. Legal expenses spent on state fees to the court, legal fees, as well as compensation for moral damages will be recovered from you in court.

Application:
1. Copy of the Agreement dated
2. A copy of the receipt from the city.
3. Copy of correspondence.

Sincerely, [Petrov Yu.A.] _______________________________________
G.
template source: http://www.swk-upa.ru

Sample document:

___________________________________
(name of Party-1)

from ________________________________
(name of Party-2)
Address: ____________________________
REQUEST for the return of the deposit

"___"________ ___, an agreement on the deposit was concluded between Party-1 and Party-2 (hereinafter referred to as the “Agreement”). Deposit in the amount of _______ (________) rub. was paid by Party-__ "___"________ ___, which is confirmed by _____________________.

"___"________ ___, Party-__ became aware of the violation by Party-___ of its obligations under the Agreement, namely _______________________.

Clause _____ of the Agreement, as well as clause 2 of Art. 381 of the Civil Code of the Russian Federation provides for the liability of the Party receiving the deposit for failure to fulfill the Agreement in the form of payment of double the amount of the deposit.

In connection with the above, we demand payment of a sum of money in the amount of _______ (________) rubles. within the period before "___"________ ___ according to the payment details specified in the Agreement.

If Party-___ fails to comply with this requirement, Party-___ will be forced to go to court to protect its rights.

________________________/_________________

"___"________ ___ G.

Claim (Template, Sample): Claim for refund of advance payment for an apartment

A claim for a refund of the advance payment for an apartment can be sent via the postal service by registered mail with acknowledgment of receipt.
On this page you can download a sample claim for the return of an advance payment.

Job title

Name of the recipient of the claim

Last name, initials of the manager

Address of the recipient of the claim

From: Full name of the applicant
Address: Place of registration
Taxpayer Identification Number: Taxpayer Identification Number
Phone: Phone

Claim amount: Claim amount RUB.

Claim

Between the name of the recipient of the claim (hereinafter referred to as the Recipient
claims) and Last name, first name, patronymic (hereinafter referred to as the Applicant) was
concluded Name of the agreement No. of the Agreement dated Date of conclusion
agreement of the year (hereinafter referred to as the Agreement).

In accordance with the Agreement, the Applicant, being the buyer, accepted
undertake the obligation to accept and pay for the following property: Name
property, and the Recipient of the claim, being the seller, assumed
obligation to transfer this property to the Applicant.

The Claimant fulfilled his obligations under the Agreement properly
manner, which is confirmed by the following documents: Name,
document details.

The recipient of the claim did not fulfill the following provisions provided for in the Agreement
obligations:

1. Did not transfer the Name of the property, thereby failing to fulfill clause.
clause of the Agreement.

2. Committed significant violations of paragraph of the Agreement, which
is the basis for early termination of the Agreement.

3. Description of obligations, thereby failing to fulfill clause Clause of the Agreement.

The Applicant’s position is supported by the following evidence:

1. Appendix No. Number of the Appendix to the Agreement dated Datag.

2.Additional agreement No. Number of agreement to the Agreement from Date
compilationg.

3. Invoice No. Number from Date of preparation.

4. Invoice No. invoice dated Date of preparation.

5. Sales receipt No. Receipt number from Datag.

6. Other evidence.

The total amount of debt as of the date of signing. is the amount in
rubles (Amount of debt in words) rub.

In accordance with clause No. Clause of the Agreement for failure to fulfill obligations in the form
Unfulfilled obligation, the recipient of the claim is charged a fine of
amount Amount of fine (Amount of fine in words) rub.

In accordance with clause No. of the Agreement, the Recipient of the claim is accrued
penalty in the amount Amount of penalty (Amount of penalty in words) rub.
A calculation of the penalty is attached.

Due to the Recipient's violation of the claims obligations, the Applicant suffered
real material damage in the form Form of real damage in the amount
Amount of material damage (Amount of material damage in words) rub.
The amount of actual material damage was calculated as follows:
The procedure for calculating material damage.

Due to the Recipient's violation of obligations, the Claimant was
deprived of the opportunity to make a profit. According to Art. 393 Civil Code of the Russian Federation debtor
is obliged to compensate the creditor for losses caused by non-fulfillment or
improper fulfillment of obligations. Amount of lost profits of the Applicant
due to non-fulfillment (improper fulfillment) of obligations by the Recipient
the claim is the Amount of lost profits (Amount of lost profits
in words) rub. The amount of lost profits was calculated as follows:
The procedure for calculating lost profits.

According to Art. 395 of the Civil Code of the Russian Federation, in cases of unlawful deduction of funds
funds, evasion of their return, other delay in their payment are subject to
payment of interest on the debt amount. The interest rate depends on the period
time of unfulfilled obligations and is 0 (interest rate
in words) rub. Interest calculation is attached.

Therefore, the total claim amount is Claim Amount (Amount
claims in words) rub.

The Applicant’s position is confirmed by the following regulations:

Art. 307 of the Civil Code of the Russian Federation, which states: /by virtue of an obligation, one person
(debtor) is obliged to commit in favor of another person (creditor)
a certain action, such as: transfer property, perform work,
provide a service, contribute to a joint activity, pay money
etc., or refrain from a certain action, and the creditor has
the right to demand from the debtor the fulfillment of his obligation. /

Art. 309 of the Civil Code of the Russian Federation, which states: obligations must
be performed properly in accordance with the terms of the obligation
and the requirements of the law, other legal acts, and in the absence of such
conditions and requirements - in accordance with customs or other customary
requirements. /

Art. 310 of the Civil Code of the Russian Federation, which states: unilateral refusal
fulfillment of an obligation and unilateral change of its terms are not
are allowed, with the exception of cases provided for by the Civil Code of the Russian Federation, other
laws or other legal acts. Unilateral change of conditions
obligations associated with the implementation by all parties
entrepreneurial activity, or unilateral refusal to perform
this obligation is permitted in cases provided for by the Civil Code of the Russian Federation,
other laws, other legal acts or agreements.

Article 454 of the Civil Code of the Russian Federation, which states: /p//on the sale and purchase agreement one
the party (seller) undertakes to transfer the thing (goods) into ownership
to the other party (buyer), and the buyer undertakes to accept this product and
pay a certain amount of money (price) for it./

Part 1 art. 456 of the Civil Code of the Russian Federation, which states: /The seller is obliged to transfer
to the buyer the goods provided for in the purchase and sale agreement./

Other regulations.

The above circumstances confirm that the obligations under
The recipient of the claim improperly fulfilled the contract.

*Based on the above circumstances, I request within the Quantity
days (Number of days in words) days:*

Terminate Name of the agreement No. of the Agreement dated Date of conclusion
agreement

Pay the debt under the Agreement in the amount of Amount in rubles (Amount
debt amount in words) rub.

Pay a fine under the Agreement in the amount of the Amount of the fine (Amount of the fine
in words) rub.

Pay a penalty under the Agreement in the amount of the Penalty Amount (Amount
penalties in words) rub.

Compensate for real material damage in the amount of the amount of material
damage (amount of material damage in words) rub.

Compensate for lost profits in the amount of the Amount of lost profits (Amount
lost profits in words) rub.

-* *Pay interest for failure to fulfill a monetary obligation in the amount of
Interest rate (percentage amount in words) rub.

Other requirements.

If you ignore this claim, the Applicant will be forced
go to court and assign legal costs to you.

*Appendices:*

1.Copy of the Agreement in 1 copy.

2. Copy of the Appendix to the Agreement Number of the Appendix to the Agreement dated Datag. in 1 copy.

3.Copy of the additional agreement No. Number of the agreement to the Agreement dated
compilationg. in 1 copy.

4. Calculation of the penalty in 1 copy.

5.Copy of invoice No. Number from Date of preparation. in 1 copy.

6. Copy of the invoice No. of the invoice dated Date of preparation. in 1 copy.

7.Copy of sales receipt No. Receipt number from Datag. in 1 copy.

8. Copy of Other evidence in 1 copy.

Last name and initials of the signatory

Signing date

Demand (claim) for compensation of losses and return of prepayment (or advance payment) under a work contract due to non-fulfillment of the contract
______________________________________
address: _______________________________

From ___________________________________
address: ______________________________,
telephone: __________, fax: __________,
email address: _____________

Requirement (claim)
about compensation and return
prepayment (or: advance payment)
under a contract due to non-fulfillment of the contract

In accordance with clause ____ of the Agreement
(name or full name of the contractor)
contract from "__"__________ ____ city N ____, obliged by "__"__________
_____ according to the instructions of _____________________________________________ to complete
(name or full name of the customer)
the following works: __________________________________________________________.
According to clause ______ of the Contract dated "__"___________ ____, No. ______
_______________________________________ makes full payment in advance
(name or full name of the customer)
for work in the following order: _________________________________________________.
"__"___________ ____ G. _______________________________________________
(name or full name of the customer)
_____________________________________________ work under the Contract dated
(name or full name of the contractor)
"__"___________ ____ city N _______ were paid in full in the amount of _______
(__________) rubles, which is confirmed by ___________________________________.
To date, these works are ___________________________________
(name or full name of the contractor)
were not fulfilled.
Failure to fulfill the Contract dated "___"_____________ _____, No. _______
_____________________________________________ losses were caused in the form of
(name or full name of the customer)
_________________________________, namely: ____________________________, in the amount
_____ (__________) rubles, which is confirmed by ____________________________.
Based on the above and guided by Art. Art. 15, 401, 708, 715
Civil Code of the Russian Federation, please, within _____________:

A deposit to the seller is a confirmation of the buyer’s serious intentions, a guarantee that the transaction will take place. By providing part of the amount in advance under a formal contract, the buyer gains a lot. Firstly, he reserves the right to make a purchase in which he is interested, and secondly, if the deal fails through no fault of his, the second party returns him the amount of the deposit in double amount, although this will require legal proceedings.

The buyer may lose money: if he suddenly wants to refuse the transaction on his own whim, the seller has every right not to return the funds to him. Another thing is the presence of objective reasons due to which the buyer refuses the transaction. In this case, he can get the money back if this was provided for in the contract.

In what cases is the seller obliged to return the deposit?

Any transaction between the seller and the buyer must be supported by an agreement. This is the basis, without which you cannot give the seller a deposit, much less the entire amount, especially when it comes to buying real estate, where the amounts amount to hundreds of thousands of rubles (the deposit is usually 5-10% of the total amount).

According to established legal norms, the deposit is transferred after drawing up a preliminary agreement indicating the cost of the apartment, the amount of the deposit, the wishes and requirements of the parties, for example, with the requirement to check out all people who previously lived in the premises. It must also indicate in what cases the deposit can be returned. Usually, circumstances are indicated that may prevent the completion of a transaction for reasons that do not depend on the parties planning to complete it, namely:

• sudden illness;
• refusal to issue a mortgage;
• a sharp deterioration in financial situation.

The deposit can be returned if both parties agree before the start of the transaction to terminate all obligations, that is, the decision of one party not to sell, and the decision of the other party not to buy the premises. In this case, the matter can be settled peacefully, without disagreement.

If the case goes to court, they may be required to return the deposit in double amount if the contract fails due to the fault of the seller who has not fulfilled his obligations specified in the preliminary agreement. Well, if the buyer himself does not fulfill the obligation, for example, by deciding to buy another apartment or spend the money differently, the court, most likely, will not require the seller to return the funds, since the seller himself will be the injured party in this case.

The deposit agreement is drawn up in two copies. It will have greater legal force if notarized. Although the law does not require that this document be certified by a notary, without his seal it will be more difficult to prove the validity of the document. In addition to the agreement drawn up by both parties, the seller also writes a receipt for receipt of funds, indicating the amount of the deposit, passport details of the parties, the date of the preliminary transaction and its purpose. If the receipt is drawn up on a computer, it must be certified by a notary, since a printed document, even with a signature, is not the best evidence in court. If there is no notary, it is advisable to exchange money and a receipt in the presence of outside witnesses (not from among your loved ones).

​The buyer has the right to go to court to recover money from the seller if he believes that the transaction was disrupted due to reasons beyond his control or due to the fault of the selling party. Previously, he can send a written claim to the seller demanding the return of funds by a certain date, before the case is sent to court.

A statement of claim explaining the reasons for the appeal and the requirements for the defendant is sent to the judicial authorities at the place of registration of the seller. I must say that even in the absence of a contract, the buyer can count on a positive court decision. Article 329 of the Civil Code of the Russian Federation states that if the main obligation (in this case the preliminary agreement itself) is declared invalid, the obligations securing this agreement will also be invalid. If the transaction is declared invalid, the parties will be obliged to return to the original owners everything received under this transaction. This also applies to the deposit, which will no longer be considered as such. True, you should not hope to return the amount in double equivalent; most likely the court will recognize the fact that the seller received the deposit amount as a sign of unjust enrichment and will demand the return of the money indicated in the receipt.

It’s a completely different matter if the conditions for transferring the deposit and the receipt itself were notarized. In this case, the court may demand a double refund of funds to the failed buyer, but to do this, it still needs to prove the selling party’s failure to comply with the requirements written in the preliminary agreement.

If you still have any questions or need help in preparing a statement of claim to the court for the return of the deposit for the apartment, write about it in the form below. Our duty lawyer is ready to help you promptly.