Receipt upon receipt of money when buying or selling an apartment - is a receipt required for an apartment purchase and sale agreement?

Receipts serve as important documentation for citizens and organizations. They confirm certain facts unilaterally.

But what kind of document is this? What does his sample look like? A receipt for receiving money for an apartment is the paper that is most often found in practice. It is this that will be studied further.

What should every citizen remember when issuing a receipt? What are the pros and cons of paper? By answering all these questions, you will be able to easily protect the rights of the seller and buyer of real estate.

Definition

What is called a receipt in this or that case? Every person should know the answer to this question.

A receipt is a kind of document confirming receipt of something. In our case, we are talking about money for an apartment. Accordingly, the receipt is issued by the seller. The document serves as confirmation of the transfer of money for real estate by the buyer.

The paper under study is a unique way of protecting the interests of the parties in certain transactions. It is required for non-cash payments when there is no other way to prove the fact of transfer of money to the seller.

About buying and selling real estate

A correct receipt for receiving money for an apartment is a guarantee of the security of the transaction. The thing is that when concluding an agreement on the purchase and sale of real estate, citizens have certain obligations.

The parties assume responsibility. The buyer must transfer money in the agreed amounts to the former owner of the apartment. The seller must transfer the property specified in the contract to the new owner.

That is, the right to re-register an apartment for a new person.

It should be noted that registration of property rights does not guarantee the transfer of funds. If there is no evidence of payment for the apartment, the seller is able to cancel the transaction and not re-register the property.

Components

What would the corresponding sample look like? A receipt for receiving money for an apartment, like any other document, has a certain structure. It helps to compose the paper as correctly as possible.

Today, the correct receipt contains the following information:

1. Title. It contains basic information about the essence of the document. In our case, it is necessary to write “Receipt for receipt of funds for the apartment under agreement No...”.
2. Full names of the parties and their names. It is important to clearly state who is the seller and who is the buyer. If the property has several owners, you will also have to say about them.
3. The amount of money given to the seller. It is necessary to indicate the currency in which settlements take place. Most often we are talking about rubles.
4. Details of the agreement on the basis of which the need for the receipt arose. Usually the process is limited to specifying the contract number.
5. Purpose of the operation. Any sample receipt for receipt of money in the form of a deposit or full payment for an apartment must have a clarification. That is, the recipient must specify exactly what the money is being given to him for.
6. Conclusion. It is written in the form of the date of execution of the document, as well as the signature of the recipient citizen.

Tips like this will help protect the buyer from scammers. There is nothing difficult or special about drawing up a paper.

Presentation form

What does its sample look like? A receipt for receipt of money for an apartment must be submitted in writing. There are no other options for the development of events.

In practice, it is important that the document be written by hand. An electronic receipt or one printed on a computer carries certain risks. Therefore, paper is not found in this interpretation.

There are no more significant tips and recommendations on the form of presentation of the receipt. It is enough to remember that the document is issued by the citizen in writing, handwritten.

Notary - a necessity or a desire?

Some people are interested in whether it is necessary to issue a receipt from a notary. What can you say about this?

In this case, there are no rules or laws indicating the 100% need to contact a notary. Nevertheless, lawyers advise not to neglect his services.

The point is that only notarization can prove the authenticity of the paper without any problems. This is necessary in case of going to court. So a receipt issued without a notary cannot be 100% correct.

Risks and benefits

Now a little about the pros and cons of the paper being studied. It is approximately clear what its sample will look like. A receipt for receiving money for an apartment, as already mentioned, is a guarantee of the security of the transaction. But it has certain risks. Exactly the same as the advantages.

Among the main disadvantages are:

1. An incorrectly executed receipt does not provide the parties with any guarantees.
2. Any errors in the document will invalidate the authenticity of the paper.
3. A document can be refuted if there was no notary present when it was issued.

Paper also has advantages. For example:

1. A correctly executed receipt is a guarantor of 100% security of the transaction. The document serves as confirmation that the money has been transferred to the seller, giving the buyer ownership rights to the property.
2. If you involve a notary during registration, you can protect yourself according to the law. It has already been said that a correct receipt for receiving money for an apartment is an excellent way to protect the rights and interests of the parties involved in the sale and purchase.

Now it is clear how important it is to present this document when buying/selling an apartment. In fact, everything is simpler than it seems.

Sample

What does a sample receipt for an apartment look like when selling and buying real estate? It is important to remember that there are no exact recommendations for the content of this paper. Basic tips and tricks for preparing receipts were also presented.

A sample document might look something like this:

“I, citizen (full name)

seller, his passport details), received from a citizen (information about the buyer) under the purchase and sale agreement of apartment No. (agreement number), located at the address: (address), funds for the transfer of ownership rights to real estate in the amount of 1,250,000 rubles ( one million two hundred fifty thousand rubles zero kopecks). I received the money in full, I have no complaints against the buyer.

Results and conclusions

From now on, it is clear what a receipt for receiving money for an apartment looks like. The dangers and features of drafting a document are also known. Every person will be able to compose this paper without much difficulty or stress.

Typically, the document is drawn up and signed during the transfer of money in front of a notary. For example, when an agreement on the purchase and sale of an apartment is signed between the parties. This is the most logical scenario.

It is recommended to ensure that the signatures in the passport and on the document are identical. In addition, it is important to avoid corrections and erasures in the text. All this creates certain risks - the receipt may be invalidated in court. If the operation is accompanied by a notary, he will point out all the features of the paper.

Receipts are the easiest way to protect against fraudsters when concluding transactions. Following the previously mentioned recommendations will help protect the buyer and seller when buying and selling real estate. The proposed rules will help you create a good sample. A receipt for receiving money for an apartment is far from the most complicated paper!

Receipt for purchasing an apartment: download sample 2023

When purchasing an apartment, the parties draw up not only an agreement and a transfer deed, but also a document on the transfer of money. For non-cash payments, a bank statement is sufficient. When it comes to cash, you will need a receipt when purchasing an apartment. You can download the forms to fill out below.

When is a receipt required?

A receipt is drawn up when transferring money from the buyer to the seller in the following situations:

The original receipt remains in the personal archive of the buyer. A certified copy will be needed for tax reporting or for the bank when taking out a mortgage. The seller is advised to keep a copy of the receipt for safekeeping.

Compilation rules

The law does not establish mandatory requirements for the receipt - it is drawn up in free form. Practice has revealed the main recommendations for its appearance:

• The receipt is made only in writing. On a separate sheet of paper (not on the last sheet of the agreement), the seller writes the text by hand, puts a date and a personal signature. It is permissible to print it on a printer, and put the amount in numbers, in words and sign it by hand. But if you have time, it’s safer to write completely by hand.
• It is better to use blue ink. Blacks can mislead the court that it has a copy of the document in front of it. In the absence of the original, it has no force.
• The document is drawn up at the time of transfer of funds. The seller received the money - upon receipt of the money he wrote a confirmation. It is very important that the seller signs in the presence of the buyer. If he brings a document that has already been signed, it may turn out that another person signed it.
• The receipt does not need to be notarized. As a general rule, witnesses are also not needed in the receipt. However, these procedures can significantly protect the buyer, so if you wish, you can contact a notary and bring witnesses.
• If there are several sellers, then each must write a receipt for their part of the amount.

Note! The confirmation document itself, without a contract or prior agreement, has no legal force. Documents must be kept together. Check out the sample at this link.

Contents of the document

The document itself must contain certain information in order to obtain legal significance for the purchase:

• “Receipt” is written on the first line, then the place of preparation (city, village), the date of transfer of money and signing of the paper is indicated;
• then the seller indicates his data - full name, passport, registration address, writes “received from”;
• indicates the buyer’s details – full name, passport, registration address;
• the amount received is written in numbers and words;
• it is indicated on account of which agreement and property the money was received;
• then the completion is written “the payment has been made in full, the seller and the buyer have no claims against each other”;
• finally, the seller puts his signature and decryption - full name.

If there are witnesses present during the purchase, they put their data and personal signatures below the main text of the paper.

Attention! If there is a discrepancy between the numbers and words, then the court will proceed from the amount written in words.

Samples and features of different receipts

The purchase of an apartment for cash is accompanied by the preparation of a payment document. Depending on the specific situation, the text should contain certain words:

• prepayment – ​​the text must clearly indicate a deposit or advance payment;
• payment under the DCT - indicate the details of the agreement;
• deposit – be sure to mention the fact of a deposit when purchasing an apartment in the text.

It is necessary to adhere to such rules so that in the event of a dispute, all available documents can be linked together.

Example. You have entered into a preliminary agreement to purchase an apartment with a deposit. The payment document for the contract does not indicate the word “deposit” or worse, it says “advance”. If the main contract is not concluded due to the fault of the seller, in court you will not be able to prove that you transferred the money as a deposit. The court will recover the amount not in double amount, but in single amount.

A sample of a universal receipt for the purchase of an apartment (housing) can be found at this link. The form can be used for settlements under the main purchase agreement.

Deposit

An advance payment with a security function when purchasing an apartment is a deposit. It provides as follows:

• if the transaction does not take place due to the fault of the seller, he returns the money to the buyer in double amount;
• if it is the buyer’s fault, the seller keeps the deposit for himself.

The text must indicate the word “deposit” or a reference to Art. 380 GK. If there is no such indication, the court will regard the payment as an advance.

You can download the deposit transfer form here. Additionally, download the preliminary agreement form with a deposit.

Prepaid expense

A simple prepayment that does not oblige you to enter into the main transaction - this is how the legislator defines an advance. If the amount is transferred and the main contract is not concluded, the seller simply returns the money to the buyer. It doesn't matter whose fault the deal fell through.

Attention! If the seller withholds an advance payment for the purchase of an apartment, file a lawsuit for unjust enrichment.

The form for advance payment when purchasing an apartment is posted here. The Advance Purchase Agreement can be downloaded from this link.

For tax deduction

To apply for a tax deduction when purchasing an apartment, the tax service will need a payment document. A receipt is suitable for these tasks if:

• the amount in it corresponds to the amount of the contract;
• if there are several sellers, each must make a receipt in his name and his amount;
• When paying by installments or prepayment, you must present all confirmations to the tax office.

Any form of receipt for the purchase of an apartment is suitable for the tax authorities. The main thing is that the amounts, dates and information about the parties to the contract match. If part of the money was transferred by bank transfer, provide this part with a bank statement about transactions on the account.

Pledge

A deposit when purchasing an apartment arises if the buyer does not pay immediately, but in installments. The apartment remains pledged to the seller until settlement. In this case, the text must be drawn up and signed each time the next payment is received.

You can download a form for purchasing an apartment in installments here.

With a mortgage

To issue a mortgage, the bank will need confirmation that the buyer has made a down payment to the seller. This must be explicitly stated in the text upon purchase.

You can download a form for a receipt for the initial mortgage payment here.

When two receipts are required

Two receipts are issued if the amount in the contract does not correspond to the actual payment. For example, the seller understates the amount to avoid tax. This approach is quite risky for the buyer.

A receipt always supplements the contract; in itself it has no legal force.

Therefore, in the absence of an agreement, it will be very difficult for the buyer to prove how much money he actually paid for the apartment if a legal conflict begins.

Two receipts are also drawn up when the price of an apartment is inflated with a mortgage. This way the buyer can avoid making a down payment. We wrote about the risks of such a scheme in this article.

What to do if there is no receipt

If receipts for payment were not made, you will have to prove the fact of payment by other means. If there is a written agreement, you can refer to witness testimony or notes in the agreement itself. However, no matter how many witnesses there are, the court is more likely to believe written evidence than human testimony.

A receipt for purchasing an apartment in cash is the central payment document. Its legal force depends on the correctness of its preparation. If the document is drawn up incorrectly, you may lose the right to deduction or lose a legal dispute.

Next, read the material about options for paying for an apartment.

If you have any questions, ask them in the comments or to our on-duty lawyer via chat.

If the article was useful to you, please like and repost!

Correct receipt for receiving money for an apartment

A receipt for receipt of money for an apartment or other real estate is a mandatory document in the transaction and the Buyer has the right to demand it from the Seller. Do not transfer money without a receipt!

The receipt is the only document confirming the receipt of money from you by the Seller (an individual) and is drawn up in a single copy!
Buying an apartment from a legal entity

But the receipt is not an independent document in a real estate transaction. Indeed, in accordance with the requirements of the law, such transactions are concluded only in writing - by agreement , otherwise they are void!

The receipt is an annex to the agreement.

Even more detailed explanations on the purchase and sale of real estate can be obtained in the distribution of educational materials. You can subscribe here

A preliminary purchase and sale agreement (Deposit Agreement) can be easily drawn up using the Legal Contract Designer . You will receive the Earnest Money Agreement form and the correct receipt template along with the agreement.

Detailed video consultation on drawing up the Earnest Money Agreement here

Funds are transferred both on the basis of a preliminary and on the basis of the main purchase and sale agreement. Let's take a closer look:

Receipt for receiving money for an apartment

•  Read each point, take your time.
• A receipt is a very important document! 
• A sample receipt can be downloaded.

Algorithm for buying real estate > > > Algorithm for selling real estate > >

• A receipt is a one-sided document.
  It is written and signed by the one who receives the money. You must receive a receipt from the Seller at the time of transfer of money. Let him prepare it in advance, but in your presence. And you check it for errors before he signs it.

• The Seller must give you a receipt upon receipt of funds as a deposit, advance payment, partial or full payment for the apartment.
• The seller's authorized representative, who has the authority to receive money confirmed by a power of attorney from a notary, writes a receipt on his own behalf and attaches a copy of the power of attorney to it.

Receipt from a minor

How to properly issue a receipt

• The seller must write it himself.

•   Provide complete personal data - full name, date and place of birth, place of residence and registration.
• You should not use a receipt filled out on a computer. The court may reject it! The receipt must be written in person on blank paper or using a template. Well, except that the “header” of the receipt with the personal data of the Seller and the Buyer and details of identity documents can be typed on a computer. The amount of money for which it was received, the address of the apartment, the date, the Seller must write himself . The signature must be completely decrypted!
• One pen with blue (not black) ink is used, so that even after many years, when the paper ages, there is no doubt that it is the original. A copy of the receipt is an insignificant document!

    Never give the original receipt to anyone and keep it in your personal archive indefinitely!

• Errors, erasures, and additions are not allowed.

• Each seller , if there are several of them, writes his own receipt for the amount of the price for his share. If the shares in the right were not valued differently, then - in proportion to the size of the share of the total price for the apartment. Conversations on the topic: “Is one receipt not enough?” - stop immediately, otherwise the result will not be predictable! Each one with his own hands!

• A minor seller who has a passport writes a receipt on his own, with the wording: “The money was received in the presence of a parent.” More details > > > The parent representing his interests indicates his personal data and also signs a receipt indicating his powers - “as a legal representative.”

• The amount of funds transferred is written in numbers and words. Double check the amount! Sometimes, when writing the amount in words, they forget to indicate: “thousand rubles”

• The full address of the apartment is written down, as in the document on the basis of which the money is transferred (preliminary agreement, deposit agreement, purchase and sale agreement). The address must correspond to the Cadastral passport. (not to be confused with the Technical Data Sheet)

• The date of transfer of money is required and it must correspond to the actual date.

• A reference to the Contract or Agreement under which the money is transferred is required. If you handed over a deposit, be sure to write down: “On account of the cost of the apartment.”

• In the case of a full payment, at the end of the receipt it would not be amiss to write: “the payment has been made in full, I have no claims for payment”

• In case of partial payment, please indicate: “money received as a deposit/advance payment/partial payment”

Attention!

Before transferring funds, make sure that the property belongs to this particular seller and that you have not been shown false documents.
The only evidence of registered ownership since 01/02/2017 is the presence of a record of this in the Unified State Register of Real Estate (USRRP)

That is, you need a fresh extract from the register of rights.

It’s easy to order it online and quickly receive it (in just a few minutes) using the Rosreestr API service.
Standard state duty - 250.0 rubles

• Unlike the extract ordered on the Rosreestr website, it will immediately be in a “human-readable” format.
• Look at the extract I received through this service in 1 hour 08 minutes Extract from the Unified State Register of Real Estate
• I changed my full name.
• An advance is a payment of part of the cost of the apartment, which in case of an unfinished transaction is returned to the Buyer in full.

A deposit is a payment of part of the cost of an apartment, which serves as security for obligations to buy and sell. In the event of a failed transaction due to the Buyer’s fault, it remains with the Seller, and in the case of the Seller’s fault, it is returned to the Buyer in double amount.

Overestimation and underestimation of prices in a purchase and sale agreement

Receipt of receipt of money for the tax office

If an apartment is purchased as shared ownership and the Buyers plan to receive a tax deduction from each of them, including children for whom parents or guardians act as legal representatives, the money is accepted on an individual receipt, otherwise the Tax Service will reject the document.

Receipt for receipt of money for the apartment. Witnesses of the settlement

• If the money was transferred in front of witnesses, they can also attest to the fact of transfer of money with their signature indicating full personal data (two witnesses are enough).

• The receipt does not need to be certified by a notary.

• If money is transferred by non-cash means, a receipt is confirmation of its receipt . After all, a bank document only means an order for the bank to transfer funds, and not their receipt by the Seller.
• Receipt storage period: for the purchase of an apartment - no statute of limitations!
• is not transferred to Rosreestr .
• If the funds for the apartment were transferred upon signing the Sale and Purchase Agreement, then the Certificate of Acceptance and Transfer of the Apartment states: “The payment has been made in full, the Seller has no claims against the Buyer regarding payment.”

• If you need to remove the encumbrance imposed in favor of the Seller after full payment, the receipt does not need to be attached to the Application for termination of the mortgage record; by its statement, the Seller confirms the absence of encumbrances.

Worth reading:
Transferring money in different transactions, other methods

Do you want to give money to the Seller? Have you assessed the risks of a voidable and
void transaction? See how to study documents for an apartment

Receipt for receipt of money for the apartment. Sample

One sample receipt:

Download sample > > >

ATTENTION!!!
The receipt does not guarantee compliance with the agreements on the transaction! Make a written agreement!

You can download the templates here

When the Sale and Purchase Agreement is executed, is a Receipt required?

The long search for an apartment is over, the purchase and sale agreement has been signed, the ownership of the buyer of the apartment has been registered, and the Certificate of State Registration of Rights has been received. It would seem that you can do pleasant and joyful chores: move into your new apartment, buy furniture and celebrate housewarming.

However, is everything so serene? After all, even in the ideal scenario, when the documents for the apartment are “transparent”; the apartment had only one owner, only he was registered there, he has no children, no one’s rights were violated - the fact of registration of the buyer’s ownership of the apartment does not mean that the buyer can feel calm.

Of course, checking the legal cleanliness of the apartment is an important step towards ensuring that its future owner is confident that no problems will arise in the future. And a lot depends on the integrity of the specialists the buyer contacts.

It is necessary to fully fulfill all the conditions stipulated in the contract: from transferring money to the seller, to checking out everyone registered in the apartment and transferring the apartment from the seller to the buyer. These are the basic conditions that are stipulated in each contract.

The law does not prohibit the parties to the agreement from providing for other conditions (for example, the condition that the apartment is sold furnished or that the seller remains registered in the apartment).

Only if all conditions are met, the contract for the sale and purchase of an apartment can be considered fulfilled and the buyer’s right is complete and undeniable.

How does the law define a sales contract? A purchase and sale agreement is a free expression of the will of the parties, expressed in writing, to perform certain actions.

The purchase and sale agreement is a paid transaction, therefore the main and essential condition of the agreement is the price, and, as a consequence, the terms and conditions of payment for the apartment being sold, that is, when and how much amount the buyer transfers to the seller.

In the vast majority of transactions on the secondary housing market, the purchase and sale agreement is concluded between individuals, funds are transferred and received in cash, as a rule, using an individual bank safe, the conditions for access to which are stipulated in a special agreement.

However, it should be understood that the method of mutual settlements (for example, using a bank safe or non-cash payment between the seller and the buyer) does not mean that mutual settlements under the purchase and sale agreement have taken place.

Confirmation of the fulfillment of obligations under the contract will be the very fact of fulfillment of such obligations, confirmed by a separate written document. For example, a receipt for receipt of funds as payment for a transaction for the sale and purchase of an apartment.

If there is no such receipt, and the seller turns out to be a fraudster, then the buyer cannot avoid big troubles. The seller may claim that he did not receive any money to pay for the apartment under the purchase and sale agreement. Consequently, the buyer failed to fulfill his obligations.

This means that the main condition of the contract is not fulfilled, the transaction is invalid, the buyer can vacate the apartment he just purchased. Such cases, unfortunately, are not rare; The courts are considering many claims from defrauded buyers.

The court may take into account the testimony of numerous witnesses to the fact of the transfer of funds recorded on videotape, the fact that money was withdrawn from the buyer’s bank account and the appearance of the same amount in the seller’s account, the very fact that the seller voluntarily left the apartment.

However, even if the court is loyal to the buyer and takes into account all the evidence presented by him, this does not mean at all that the decision will be made in favor of the buyer.

The only significant evidence for the court confirming the fact of transfer by the buyer and receipt by the seller of money is a receipt personally written by the seller of the apartment.

The court is rightfully guided by Article 162 of the Civil Code of the Russian Federation, according to which - failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms.

In order for the receipt to be an indisputable fact that the buyer has fulfilled his obligations to pay the price of the apartment, the receipt must be drawn up in a competent and legally correct form that does not allow for double interpretation.

For example, the seller will write that “he received such and such an amount from such and such.” Is it correct? Of course not, because it is not clear why this amount was received.

The law and established law enforcement practice impose certain requirements on the rules for drawing up receipts. First, the seller must write a receipt in his own hand. You should not print your receipt on a computer.

The larger the text of the receipt written by the seller personally, the easier it will be, in the event of a dispute regarding the fact that the seller received the money, to conduct an examination that will prove that the handwriting belongs to the seller and may even indicate that at the time the receipt was written the seller was not in that state ( for example, alcohol intoxication), in which he did not realize the essence of the act he was committing.

A well-written receipt must indicate: the place and date of drawing up the receipt, the passport details of the seller and the buyer, for what the money was received (for example, “for the apartment I sold, located at ..."), the exact address of the apartment sold, its characteristics (quantity rooms, common and living space); You can end the receipt with the phrase that the seller has received the money in full and the seller has no claims against the buyer.

It is the original receipt, and not a copy, that the buyer must attach to his documents for the purchased apartment and keep it carefully. The receipt is an integral part of the purchase and sale agreement, confirming the fact that the buyer has fulfilled his obligations to pay the price of the apartment.

Another document, no less important than the receipt, when purchasing an apartment is the act of acceptance and transfer of the apartment or the deed of transfer. Article 556 of the Civil Code of the Russian Federation clearly states that when selling real estate, the parties must transfer and accept the real estate according to the deed of transfer they sign. This is a legal requirement.

It seems that such an attitude towards the act of transfer is absolutely wrong.

If you are the buyer of an apartment, you have the right to accept the apartment within the period specified in the purchase and sale agreement and in the condition in which the apartment was at the time of conclusion of the contract.

Do not rush to believe the promises of a seller or an unscrupulous realtor who asks you to “quickly” sign the transfer deed before the moment when the apartment is actually transferred.

Such cases happen: when you have just signed a purchase and sale agreement, have not yet submitted the documents for state registration, and the seller (or his realtor) makes promises that “everything will be fine, we will vacate the apartment, just let us sign the transfer deed now.” There is no need to rush into this matter.

Firstly, if the deed has already been signed, then it is recognized that the buyer has already accepted the apartment, and, therefore, has accepted all the risks associated with damage to the property. In practice, it may look like this: while property rights are being registered (and this period is 14 days), a fire may occur in the purchased apartment, or heating pipes may burst in the apartment that has not yet become yours.

Who should be responsible for the consequences and make repairs in the apartment? The answer is obvious - the buyer, because he has already accepted the apartment, and, therefore, must bear responsibility for the safety of the apartment himself. A similar situation may arise with the payment of utility bills and other mandatory payments.

Although the law states that from the moment the buyer becomes the owner of the apartment, he assumes the obligation to pay utility bills, but in practice, by signing the deed of transfer of the apartment before the registration of the buyer’s ownership has occurred, the latter risks that the burden of payments will fall on him, and the seller will refuse to pay utility bills, citing the fact that he has already transferred the apartment to the buyer, and he (the seller) no longer uses it, and, therefore, should not pay for it.

To summarize the above, the buyer needs, in addition to the apartment purchase and sale agreement, a Certificate of state registration of the right, to have in hand a receipt confirming the fact of payment for the apartment and a transfer deed signed at the time when the apartment was actually transferred from the seller to the buyer.

In any case, when making such an important life decision as purchasing an apartment, you can turn to professionals who have a good reputation and have been working in the real estate services market for a long time.

The specialists of our “MY CAPITAL REAL ESTATE AGENCY” are always ready to help you solve your housing issue, give free legal advice on the acquisition, sale of real estate, taxation, obtaining a mortgage loan, as well as analyze the title documents for real estate, certificates and documents necessary for conducting the transaction and giving a legal opinion on the safety of the transaction for the purchase and sale of an apartment.

We work for you. Ready to start today!

The article was prepared by the head of the legal department of the Real Estate Agency “My Capitals” Ekaterina Panova.

Free legal advice can be obtained by phone. (495) 644-4508

Receipt for the sale of an apartment - about receipt of money, for the purchase and sale agreement, sample, for an advance payment, a deposit, is it mandatory, is it necessary

• Despite the fact that in the Civil Code of the Russian Federation a receipt for the sale of an apartment does not have the status of a legal term, this document appears quite often in real estate transactions.
• Only with the help of a receipt can the buyer be sure that his money will not be lost just like that.
• Even if for some reason the transaction is canceled, the buyer will always be able to return his money with a receipt, even if the matter comes to trial.
• In order for the receipt to have legal force and help prove its case to the buyer, it is necessary to take a responsible approach to the preparation of this important paper.

Is it necessary?

First of all, a receipt for the sale of an apartment is necessary for the buyer, since for the seller it has practically no meaning other than the obligations assigned to him.

The receipt can help the buyer:

• prove the fact of transfer of money;
• be calm about your investments;
• in the event of a trial it will become indisputable evidence of correctness.

A transaction for the sale of an apartment is a multi-step process that includes the following stages:

The above procedure is preceded by the selection and inspection of the apartment by the buyer. If the transaction is carried out using mortgage funds, the list expands somewhat.

Documentation

For state registration of the transaction, the buyer must provide a passport, as well as the consent of the spouse if married. To take out a mortgage you will need proof of income.

The seller, in addition to the previously mentioned documents, will need to prepare a more impressive package of papers, including for the alienated property:

• cadastral passport;
• extract from the Unified State Register body;
• extract from the house register;
• a document base;
• assessment certificate.

To avoid possible difficulties when registering a transaction, prepare documents in advance.

Here you can see samples of a cadastral passport for an apartment, extracts from the Unified State Register.

Depositing funds

Transfer of money by the buyer to the seller can be carried out in cash or by bank transfer.

The safest methods are a safe deposit box and a letter of credit. These ways of transferring funds to pay for the transaction are controlled directly by the selected bank, thanks to which both the buyer and the seller receive the guarantees they need.

Cash payment and transfer to a bank account are less secure methods, which are advisable to resort to only when a trusting relationship has been established between the buyer and seller.

In currency

Paying for an apartment in foreign currency is no different from standard methods of depositing funds, with the exception of one feature - you need to draw up a receipt, which should indicate not only the amount of money and the currency in which it was transferred, but also the exchange rate at the time of payment.

This will help initially stop possible disagreements if the exchange rate of the selected currency changes sharply, which is especially important in the current unstable financial situation.

Cash

Transferring funds in cash is exactly the case when a receipt is simply needed when selling an apartment.

The method has many disadvantages, including the possibility of deception on the part of both the buyer and the seller, as well as banal accidents:

• theft of funds by criminals;
• their loss and other troubles.

If you still choose this method, you should definitely resort to drawing up a receipt.

Receipt for the sale of an apartment confirming receipt of funds

1. A receipt for receipt of money for the sale of an apartment is always drawn up in the singular - the original is kept by the buyer of the apartment until the state registration of the contract for the sale of housing.

2. Although it is highly recommended that you use a document that is handwritten by the recipient, a printed document can also be used.

3. In this case, it is advisable to resort to the services of a notary, who must certify this receipt.

For an advance or deposit

A receipt can be drawn up for not only full amounts, but also deposits with advances. In this case, the document should indicate that the funds transferred are precisely an advance.

It would also be useful to indicate the purpose for which the deposit is used. Otherwise, the rules and features of issuing a receipt for an advance or deposit are no different from the standard ones.

Here is a sample agreement on making a deposit, a sample agreement on making an advance payment for the purchase and sale of an apartment.

How to apply correctly?

There are several basic rules that should be followed when writing a receipt:

• the receipt must be written only by the recipient of the funds, and only by hand;
• notarization is not necessary, but is highly desirable for greater guarantee;
• Every required item on the receipt must be disclosed for the paper to have a price.

Below you can view the basic content requirements and the main points of the receipt.

Content requirements

In order for a receipt to have legal force, it must reflect the following data:

• a title that briefly expresses the essence of the document and its further contents;
• full information about the parties to the receipt;
• the exact amount of money received by the seller, indicating the currency and its exchange rate;
• a detailed description of the purpose for which the money is used (purchase of an apartment);
• details of the contract for the sale of the apartment.

At the end of the document there must be the signature of the recipient of the money, as well as the date the receipt was issued.

You can view a sample receipt for the sale of an apartment here.

Cancellation of a transaction due to changed circumstances

The contract for the sale of an apartment may be terminated for some reasons listed below:

• an encumbrance was placed on the apartment, and the fact of this became known after registration;
• occurrence of claims from third parties (heirs, registered and others);
• detection of a serious or irreparable defect in the apartment.

If the sale of an apartment was terminated by court, the buyer can return the funds paid if he provides a receipt. This is the main advantage of the document.

Basic mistakes

Often, when drawing up a receipt for receipt of funds, the following mistakes are made:

• the seller’s signature in the passport and on the receipt are not identical - a very important point;
• numerous blots, corrections and strikethroughs in the document (they are unacceptable);
• indication of an incomplete transaction amount, lack of information about the currency and its exchange rate;
• discrepancy between passport data and actual data.

Carefully check the receipt written by the seller before signing it - this way you will definitely protect yourself from possible problems with money. Always be vigilant!

Video about the necessary documents for selling a home

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Legality of issuing a receipt along with the apartment purchase and sale agreement - Pravoved.RU

100 lawyers are now on the site

Good evening!

I am interested in the following point in concluding an agreement for the sale and purchase of an apartment (I am the seller): the buyer insists that I write a receipt for receipt of funds.

But I read that if the contract contains the wording “payment was received by the seller before the transaction was registered by Rosreestr”, then, if desired, the receipt can subsequently be interpreted as a repeated receipt of funds for the same apartment, since according to the documents this will also be included in the contract , and on the receipt.

How to protect yourself in this case? Should I stipulate in the contract that payment by the seller was received after registering the transaction in the Russian Register (for example, through a safe deposit box), or simply refuse the buyer such a receipt?

Online legal consultation Response on the website within 15 minutes Ask a question

Lawyers' answers (3)

• 10.0 rating
• 2084 reviews
• expert

Hello, Anastasia! The buyer may need a receipt to present, for example, to the tax authorities. There is no danger for you if you write the receipt correctly, that is, you indicate in it the details of the purchase and sale agreement, the property for which you received the money, and you can also make a reference to the terms of the agreement, which indicate the receipt of money before signing it.  

Anastasia, hello!

The buyer’s desire is understandable, because it has happened more than once that when resolving a dispute in court, the courts, in order to receive payment, demanded a receipt for receipt of money, not being content with the wording in the contract.

the receipt can subsequently be interpreted as repeated receipt of funds for the same apartment

Anastasia

In the receipt you can indicate that “I received the amount specified in clause of the agreement,” and that’s all.

Hello Anastasia!

If you indicate in the DCT the clause that payment was received by the seller before registration of the transaction, then the funds must be transferred by the buyer to the seller before registration of the transaction.

If you stipulate that payment will be made after registering the transaction, then this is exactly what needs to be specified in the DCP. It is also necessary to specify how the buyer will make payment using the DCT (safety deposit box, wire transfer, cash, etc.). At the same time, you are right, the seller does not need to write a receipt for receipt of money before registering the transaction.  

Why do you need a receipt when selling an apartment?

“Why also a receipt? We have signed an agreement!” - our specialists often hear such exclamations from real estate sellers in the process of completing real estate purchase and sale transactions.

A receipt is a document that confirms that the seller has actually received funds from the buyer. The agreement states the obligations assumed by the parties, but only a receipt and an act of acceptance and transfer of the property confirm that the obligations have been fulfilled.

The absence of a receipt can create serious problems in the future, primarily for the buyer.

Firstly, without a receipt, the buyer will not be able to prove that he paid the amount specified in the contract.

In practice, there are cases when an unscrupulous seller demanded to terminate the transaction and return the apartment to him, declaring that he did not receive any money.

But what about witness statements, camera recordings, a safe deposit box rental agreement, etc.? Alas, the court is unlikely to accept such evidence of the transfer of money.

Secondly, a receipt is one of the mandatory items in the list of documents presented by the buyer of real estate to the tax office for a refund of personal income tax. The tax authority wants to make sure that the applicant actually paid the amount specified in the agreement.

But not every receipt will protect the interests of the buyer; it must be correctly drawn up. The text of the receipt is written by the seller himself.

The receipt can be drawn up in the presence of two witnesses, who also put their signatures on it.

At what point is a receipt issued? If the amount is transferred in cash from hand to hand, then the moment of writing the receipt is obvious. But when payment for real estate is made through a safe deposit box, different options are possible. Most realtors recommend two schemes:

• At the moment of placing money in the box, the seller writes a receipt, and the buyer certifies it with his signature. The receipt remains with the seller. After registering the purchase and sale transaction, the seller gives the buyer a receipt, and the buyer gives the keys to the locker to the seller.
• The receipt is placed in a separate cell. The buyer gains access to it by presenting documents confirming the registration of the transfer of ownership of the property.

In any case, give this issue due attention. An experienced realtor will help you correctly prepare all the documents for the transaction. Contact us for legal support in apartment purchase and sale transactions. Qualified specialists of our agency will help you understand all the details of the transaction.

The role of a receipt for receipt of money in a purchase and sale transaction

A receipt for the purchase of an apartment is a document confirming that one party (the buyer) transferred to the other (the seller) any amount of money to pay for housing.

The actual transfer of rights to the apartment occurs after the transaction is formalized in Rosreestr, but the fact is that the transfer of rights does not confirm the fact of the transfer of funds.

Therefore, the fact of transfer of money must be recorded with a receipt, and this document is the simplest means of mutual settlement. 

A receipt is drawn up in simple written form, that is, notarization is carried out only at the request of the parties. 

How to compose

In a real estate transaction, a receipt will be considered a written document containing the following information:

1. The name of the document, it is also necessary to indicate the city of compilation (name of the locality);
2. Full names of the parties, their addresses or details, passport details, birthdays of the parties to the transaction, registration information. For example, if the participant in the transaction is an individual, then the data is entered as follows: full name (without abbreviations), series, passport number, date of birth, registration address, place of residence. Moreover, detailed information is required for all participants in the transaction;
3. The amount that was transferred. This data is written in numbers and then in words in parentheses. It is also necessary to indicate the purpose, for example, “to pay for the purchase and sale agreement for an apartment dated January 22, 2016”;
4. It is advisable to indicate methods for resolving disputes, where the buyer can be instructed that the dispute should be resolved at his place of residence. That is, he will have the right to file in his district court, and not at the opponent’s place of residence (relevant if one of the parties to the transaction is registered in another city);
5. At the end there is a date, signature and transcript.

Consequences of the absence of a receipt or its incorrect preparation

The absence of a receipt leads to the fact that an unscrupulous owner has the opportunity to violate his obligations with impunity, since the law does not consider an oral agreement to be evidence of correctness.

In addition, the buyer, with an oral agreement, loses the right to protect his interests with the help of witness testimony. Incorrect preparation of this document will lead to disastrous consequences for the potential buyer.

One of the main mistakes leads to this:

Use a printed sample rather than one handwritten by the borrower. Often unscrupulous citizens claim that they did not write a receipt. To establish the truth, a graphological examination is carried out, but with a minimum amount of text written by the seller, the expert indicates that this procedure is impossible. The possibility of collecting what was transferred through the court will be in question.

At what point must the seller give a receipt for the money?

As a rule, all payments for purchase and sale transactions pass through a safe deposit box, the buyer deposits money in the safe deposit box, to which the seller has access, and the condition for access is the original purchase and sale agreement, with a note indicating the transfer of ownership to the name of the buyer.

This is where a problem may arise, because the seller does not actually receive the money for the apartment at the time of mortgaging, and therefore the seller usually has no desire to write a receipt. In this case, the best option would be to place the receipt in a cell that will have access to the buyer, in the conditions of access to this box, a clause is stated that the buyer can get access to the box with the original purchase and sale agreement with a mark on the registration of the transfer of ownership in his name. Thus, after registering the transaction, the seller will have access to the money, and the buyer will have access to the receipt. And if the transaction does not take place, the seller will not have access to the money, and the buyer will not have access to the receipt.

How to protect your interests in court. Arbitrage practice

If the buyer was deceived, then the most effective method of collecting funds is the court. If the amount is small (up to 25 thousand rubles.

), then you need to file a claim with the magistrate, when the amount is significant, then the case will be considered by the district court.

A standard application is submitted to the office of the court, indicating that a receipt is proof of correctness, and it is also included in the list of attached documents. A certified copy of the document is attached to the claim.

Judicial practice shows that if this act is drawn up correctly, then the court makes a decision to recover the transferred funds and transfer the housing to the buyer at the first meeting, even without other evidence.

Since the court does not have the right to make a decision on collection when there are no grounds, and an incorrectly executed receipt has no force.