Sample agreement on deposit when purchasing a car

If during a visit to a car dealership or to a private seller the buyer does not have the necessary funds to purchase a car, he can make a deposit. This amount is a guarantee that the owner will not enter into a transaction with another person. After receiving the advance payment, the seller stops searching for a buyer. To document the terms of the transaction, the parties fill out a deposit agreement form when purchasing a car. It has no set form. You can download a sample at the end of the article.

How to draw up a contract

The deposit makes the owner and buyer responsible. If the latter refuses the transaction, the transferred amount will not be returned. If the purchase fails due to the fault of the seller, in accordance with the Civil Code, he must return the advance payment in double amount.

These conditions will apply if the deposit when purchasing a car is completed correctly. A sample document is discussed below:

Name of the form.
The city where it was signed and the date of compilation.
Data of the parties to the agreement: full name, date of birth, passport details, place of registration.
The fact of acceptance of funds indicating the exact amount.
Guaranteed commitment to conclude a vehicle purchase and sale agreement before a specified date. Here you need to indicate the make, model, color, year of manufacture, engine number and model, body number, vehicle passport details.
The type and number of the document on the basis of which the seller owned the car.
The full cost of the vehicle.
Responsibility of the parties in case of failure to fulfill obligations.
Details of the parties and signatures.

The agreement is drawn up in the presence of both parties. The text must indicate when the purchase is planned to be made. To eliminate disagreements, all amounts are entered in numbers and in words.

Important! The deposit agreement is signed by both parties and prepared in two copies.

The basis for concluding such an agreement is Articles 380 and 381 of the Civil Code. They define the deposit, contain requirements for the execution of the contract and reflect the consequences that arise as a result of failure to fulfill obligations.

How does a contract protect the rights of the buyer?

The concluded agreement provides the following advantages:

the purchase will be completed within the specified period;
the cost of the car will not increase;
in case of failure of the transaction due to the fault of the seller, the buyer receives his money in double amount.

If fulfillment of obligations becomes impossible due to reasons beyond the seller's control, the deposit will be returned to the buyer. This procedure is enshrined in Article 416 of the Civil Code. If the parties mutually agree to cancel the sale, the prepayment is also refunded.

How to prepare a car inspection report

Due to unforeseen circumstances (breakdown or accident), the value of the car may drop significantly. There is a possibility that its acquisition will become impractical.

In order for the buyer to assert his rights, it is recommended to draw up a vehicle inspection report. It reflects the following information:

time of inspection;
date and place of assessment;
data of the parties;
information about the car: make, model, year of manufacture, registration number, color, registration certificate, vehicle passport details;
characteristics of the technical condition and equipment at the time of inspection;
presence/absence of external defects.

At the end, you can indicate that the act is drawn up in two copies, one for each party. Then the buyer and seller put their signatures. It is better to conduct an inspection and transfer the deposit when purchasing a car in the presence of two witnesses.

Important! The inspection report is drawn up before signing the deposit agreement.

Receipt plan

To confirm the transfer of money, the seller gives a receipt for receipt of the deposit for the car. The sample includes the following key points:

Name of the form.
Details of the owner who received the funds (full name, residential address, passport details are written down).
Data of the second party from whom the advance payment was received.
A direct indication that this amount is a deposit.
Prepayment amount.
An obligation guaranteed by a contribution. It is indicated that the funds have been contributed towards the future payment of the cost of the car. Her details should be included.
Total purchase price.
Estimated date of the transaction.
Signatures of the owner and buyer with transcript.

The documents must indicate that the transferred amount is a deposit. Otherwise, this prepayment is recognized as an advance payment, which does not ensure the fulfillment of the terms of the agreement. If the transaction is canceled at the initiative of the owner, it will not be possible to receive double the amount transferred from him even through the court.

The transfer of a deposit when purchasing a car is accompanied by the signing of an agreement. It should indicate the amount of the advance payment, as well as the final cost. Before signing the agreement, it is recommended to inspect the machine and sign the corresponding document. Next, you can download sample documents that are required when transferring the deposit.

Sample agreement on deposit when purchasing a car. Deposit agreement

1. The Depositee received from the Depositor an amount in the amount of rubles to pay for the purchase in the name (full name, date of birth, passport details, resident) of a car having the following characteristics:

1.2. brand, model ;

1.8. passport of a technical device.

1.9. Optional equipment:

1.10. The car belongs to the Seller by right of ownership on the basis that is confirmed.

2. The price of the Car being sold is determined by the parties to the agreement in the amount of rubles. Agreement on price is an essential condition of this deposit agreement.

3. This deposit agreement is valid from the moment of signing and is concluded for “” year inclusive.

4. In case of failure to fulfill the deposit agreement by the Depositee (refusal, evasion from concluding a contract for the purchase and sale of the Car, or failure to appear up to the year “” inclusive at the place established by the preliminary agreement to sign the contract for the purchase and sale of the Car on the terms established by the preliminary agreement for the purchase and sale of the Car) the Depositee pays the Depositor within seven banking days an amount in the amount of rubles, i.e. double the amount of the deposit in accordance with Art. 381 of the Civil Code of the Russian Federation.

5. In the event of failure to fulfill the deposit agreement by the Depositor (refusal, evasion from concluding a contract for the purchase and sale of the Car, or failure to appear up to the year inclusive at the place established by the preliminary agreement, or the principal to sign the contract for the sale and purchase of the Car on the terms established by the preliminary purchase agreement - sale of the Car) the amount of the deposit in the amount of rubles remains with the Depositor in accordance with Art. 381 of the Civil Code of the Russian Federation.

6. The deposit recipient undertakes the obligation to transfer the Car in the form in which it is at the time of signing this deposit agreement according to the acceptance certificate.

7. The amount of money specified in clause 2 of this deposit agreement, minus the deposit paid, is transferred to the Seller after signing the main contract for the sale and purchase of the car and is certified by the Seller’s receipt of funds.

8. The Parties are not responsible for non-fulfillment or improper fulfillment of their obligations under the deposit agreement if this was the result of force majeure, including natural disasters, accidents, illnesses, incapacity of the Parties, changes in the current Legislation that make further performance of the deposit agreement impossible. The Parties must notify each other in advance of the occurrence of force majeure in accordance with this deposit agreement.

9. Notifications of the Parties under this deposit agreement may be made in writing to the following addresses:

9.1. For the Depositor: .

9.2. For the Depositor: .

10. Any messages are valid from the day of delivery to the relevant address. If the notification addresses of one of the Parties change, it is obliged to immediately notify the other Party, provided that such a new address for correspondence can only be an address in Moscow or the Moscow region. Otherwise, sending correspondence by the Party to the previous address will be considered proper fulfillment of obligations under the deposit agreement.

11. This deposit agreement is an integral part of the preliminary contract for the purchase and sale of the Car, concluded between the Parties “”, drawn up in two copies having equal legal force, one for each of the Parties.

When purchasing a car, you can write the deposit agreement by hand or download a ready-made form and then fill it out. This type of official document must be drawn up when transferring the deposit amount for the purchased vehicle.

It confirms the seriousness of intentions to purchase the currently selected vehicle after some time. Since the signed agreement is the main legal document for the upcoming purchase of a car, it is necessary to draw it up correctly.

Receipt for receipt of the deposit.

A deposit agreement for the purchase of a vehicle, or DPA for short, is drawn up to confirm the buyer’s intention to purchase the selected car from the seller. The deposit in this case is an advance payment for the car, which guarantees the purchase in the future.

A vehicle is not cheap, and choosing an iron horse that suits all the parameters sometimes takes quite a lot of time, especially on the secondary market. When the desired car is finally found, but you don’t have the entire amount of money with you, you should immediately draw up a DPA and leave the money as collateral.

According to the signed agreement, the seller undertakes to buy the vehicle, and the seller undertakes to sell only to him and no one else. This is beneficial both to the seller, who knows that the transaction will definitely take place, and to the buyer, who has a guarantee that the car he has chosen will not be sold to another car enthusiast.

Otherwise, the next day you may find out that the iron horse has already been purchased by a client who paid the full price at once.

The agreement must be drawn up in writing, but notarization is not required.

It can be handwritten, printed on a computer, or filled out with a printed document. The agreement is drawn up in 2 copies - one for each party to the agreement: the seller and the buyer.

The two of them must be present when drawing up the document, so that later there will be no disagreements regarding the following question: whether the amount of the deposit paid is considered part of the advance of the full cost of the car or not.

Everything you need to know about the deposit

Example of a deposit agreement.

The concept of a deposit and everything connected with it is regulated by Chapter 23 of the Civil Code. It is understood as a certain amount of money, usually from 5 to 15% of the total cost of the car, paid by the buyer towards the price due under the contract, as proof of the conclusion of the agreement and to ensure its execution.

If the contract has terminated due to the fault of the seller, for example, for some reason he changes his mind about buying a car, then the seller has the legal right to keep the money paid for himself. But when both contracting parties decide to terminate the signed agreement, the seller returns the received payment to the buyer.

However, the rules for returning the deposit must be specified in the clauses of the contract.

Rules for document execution

The agreement does not have a standard form. Therefore, there are several document samples available on the Internet.

Receipt for receipt of funds for the sale of a car.

Before you start filling out the form, check that it contains the following items:

Information about the parties to the agreement – full name, passport details, place of actual residence, contact numbers.
The most complete information about the vehicle: year of manufacture, model, make, color, VIN code, chassis, body and engine numbers, registration certificate and additional equipment, which includes tools, winter tires, etc.
The final price and amount of the deposit for the car are fixed. The principles for resolving disagreements in the event of failure to comply with the terms of the agreement by each party are prescribed.
The deadline for the conclusion is indicated

Hello friends! Today we will talk about a deposit for a car . For example, you looked at a car, you liked it, but you didn’t have all the money and you don’t want the car to be sold. How to book a car for yourself? In this case, a deposit is left for the car.

The buyer leaves the seller a certain amount of money that suits both. This cannot be left in words, because without papers, without a signature, it will have no force. You need to draw up a deposit agreement , you can write it by hand in free form, or you can prepare in advance and download the form from the Internet.

According to all the laws of the automobile market, the deposit for the car is not refundable . If the buyer changes his mind about buying the car, the seller does not return the money. Of course, this is not a very pleasant moment for the buyer, but you need to understand this. The deposit is drawn up in order to secure the relationship between the seller and the buyer. In addition, the buyer will have a couple of days to collect the required amount for the car.

The deposit agreement is drawn up to consolidate the relationship; according to the law of the automobile market, the deposit is not returned to the buyer; if the seller of the car sells it to another person, then the seller must return the deposit to the buyer in double amount. Of course, this is discussed individually, in advance, when you draw up an agreement on the deposit. If you want to protect yourself as a buyer, then you need to mention this.

That's all for me, see you soon!

One of the ways to ensure the fulfillment of obligations is a deposit. § 7 of Chapter 23 of the Civil Code of the Russian Federation contains rules regulating the procedure for ensuring the fulfillment of obligations with the help of a deposit.

Features of a car purchase and sale agreement with a deposit

A deposit is a sum of money that one party to a transaction gives to the other in payment of payments due from it (Article 380 of the Civil Code of the Russian Federation). The deposit gives the buyer and seller a guarantee in case the transaction does not go through.

The agreement on the deposit must be drawn up in writing (clause 2 of article 380 of the Civil Code of the Russian Federation). At the discretion of the parties to the transaction, the terms of the deposit may be included in the contract or in a separate agreement. In a purchase and sale agreement with conditions for a deposit, in addition to information about the item, its value, the procedure for transfer, information about the amount of the deposit and the consequences of refusing the purchase and sale agreement must be indicated.

Let’s assume that the seller has entered into a basic agreement for the purchase and sale of a car with the buyer with a deposit of 200 thousand rubles. If the buyer decides to back out of the transaction, the seller will not refund the amount paid. If the deal goes wrong due to the fault of the seller, he will be forced to return the deposit to the buyer in double size - that is, 400 thousand rubles (clause 2 of Article 381 of the Civil Code of the Russian Federation).

Specifics of a car purchase and sale agreement with an advance payment

A deposit is often confused with an advance payment. An advance is a certain amount of money that the buyer transfers to the seller towards the purchase price. If the seller suddenly refuses the deal, he will simply return the advance.

Therefore, we can conclude that, as a guarantee of concluding a transaction, a sample car purchase and sale agreement with an advance payment is less reliable than an agreement on a deposit.

It's no secret that when purchasing any product, a supporting document must be issued. This could be a check, invoice, etc. A similar situation exists when buying a car. Many people, when choosing a car, have probably had the experience that they are satisfied with the chosen car and the price, but don’t have any money with them. Even after agreeing with the seller on a deferment, it may happen that the next day the car will be sold to another client with money.

To avoid such misunderstandings, you need to immediately conclude a deposit agreement. This will be beneficial both for the buyer, who will be sure that the car will not be sold to anyone, and for the seller, who knows for sure that the transaction will take place.

Before the sale, a deposit agreement for the purchase is concluded. Moreover, both parties must be present. After discussing all the details, a deposit for the car is paid and left.

As a rule, the deposit is approximately 5-15% of the total cost of the car. The main idea is that if the client suddenly changes his mind for some reason and refuses to buy a car, the owner will keep the money he contributed.

This document has full legal force. According to the deposit agreement, the buyer must buy the car, and the seller is obliged to sell it only to him and no one else. In case of refusal, the money remains, and all actions will be completely legal.

How to draw up a deposit agreement?

This form of deposit agreement for a car can be downloaded here on the website at the end of the article.

To leave a deposit, you must draw up a document that will include the following information:

The place and time are indicated.
Full name with passport details of both parties.
The final purchase price of the car.
Deposit size.
Vehicle data: make, year of manufacture and manufacture, as well as VIN number.
Certify everything with the signature of each party.

This document is drawn up in the presence of both representatives and does not require notarization. It will be enough to fill it out by hand and sign it by both parties. It is advisable to write down all amounts both in numbers and in words. You also need to indicate the timing, namely when or until what time the transaction must be completed.

After filling out, it is necessary to check all the specified data, verify passports, and double-check all license plates of the vehicle being purchased. This point is important because the deposit agreement will remain the main legal document of the upcoming purchase.

Deposit when purchasing a car

When concluding transactions, it is extremely beneficial for the buyer to make a deposit when purchasing a car. Moreover, regardless of where the purchase and sale of a car is carried out: from a private person, at a car dealership or from an official dealer.

Making a deposit means that the buyer does not have to worry about changes in the price of the car or its technical condition before the transaction is concluded. And the balance of funds will be paid by him later on the date agreed upon by the parties. For example, he needs time to take out a loan, withdraw money from a deposit, etc. The seller also seems to be able to relax and not worry about the sale of the vehicle and count on compliance with the agreement.

As in any business, it is important to prepare the documents correctly and know the pitfalls in order to avoid possible litigation or troubles. We will tell you about them.

What is a deposit when buying a car and how to apply for it

Deposit is a term officially established by the Civil Code of the Russian Federation, to which paragraph 7 of Chapter 23 is devoted. This is one of the ways to ensure the fulfillment of an obligation. And both the seller and the buyer.

Sometimes a deposit is confused with an advance payment. The latter is a partial payment of the contract price. If obligations are violated, the consequences for making a deposit and an advance payment are different. The seller and the buyer protect civil rights in different ways, which means that when filing a claim, demands are presented that are different in their legal nature.

A deposit when purchasing a car is a sum of money that is issued to cover the payments due under the contract for the sale and purchase of a vehicle, as proof of the conclusion of the contract and to ensure its execution. The deposit must be formalized in writing by drawing up a deposit agreement. If such an agreement on the deposit was not drawn up, then the amount paid to the seller will be considered an advance (Part 3 of Article 380 of the Civil Code of the Russian Federation).

On the Internet you can find information that a deposit can be issued only if the seller is a legal entity (car dealership, etc.). This is not true. If both parties decide that the amount paid by the buyer is a deposit and entails corresponding consequences, draw up a simple written agreement regarding the deposit upon transfer of money. Please note that checking the car before purchase, incl. for the presence of an arrest and a ban on registration actions must already be carried out. If the deposit agreement or the Vehicle Inspection Certificate indicates that the buyer is completely satisfied with the vehicle, filing claims under the purchase and sale agreement will be difficult.

Advantages of a deposit when buying a car

When making a deposit for a car, the buyer has the right to expect that the car:

will be transferred to him within the period agreed upon by the parties and established by the deposit agreement
the technical condition and appearance will correspond to the condition that was established at the time of making the deposit (that’s why we recommend drawing up a Vehicle Inspection Report)
the purchase and sale agreement will be concluded upon payment of the full amount (or as agreed)
the contract price will not change
If the seller refuses to sell the car at the previously established price, the buyer has the right to demand payment of a sum of money, the amount of which is 2 deposits. In addition, in this case, you can claim damages.

If the buyer refuses to conclude the contract, the seller retains the deposit and acquires the right to demand compensation for losses.

If the obligations cannot be fulfilled due to the impossibility of fulfillment in accordance with Art. 416 of the Civil Code of the Russian Federation, the deposit is returned to the buyer. Similar consequences occur if there is a mutual agreement between the parties.

But the consequences of failure to fulfill the obligation when making an advance are different. There will be no double refund to the buyer. You can demand the return of the advance and compensation for losses (which still need to be proven).

How to draw up a deposit agreement

The deposit agreement is drawn up, as mentioned earlier, in writing on behalf of both parties - the Seller and the Buyer. Includes the following information:

name “Deposit Agreement”, “Deposit Agreement”
place and time of compilation
full name, passport details, registration addresses of the seller and buyer
the fact of transfer of a deposit in a certain amount
an indication of the goal to conclude a contract for the sale and purchase of a car (its identification data) by a certain date
the final purchase price agreed upon by the parties
consequences of failure to fulfill obligations
methods of pre-trial dispute resolution.

The document is drawn up in 2 copies and signed by both parties to the transaction.

A correctly executed deposit when purchasing a car will be a good incentive for the parties to the transaction to complete the purchase and sale of the car in compliance with the deadlines and at the agreed price.

Deposit when purchasing a car: sample receipt

If at the time of a visit to a car dealership or a private seller the buyer does not have the necessary funds to purchase a car, he can make a deposit. This amount serves as a guarantee that the owner will not enter into a transaction with another person. After receiving the advance payment, the seller stops searching for a buyer. To document the terms of the transaction, the parties fill out a deposit agreement form when purchasing a car. It has no set form. At the end of the article there is a sample for downloading.

How to draw up a contract

The deposit imposes certain responsibilities on the owner and buyer. If the latter refuses the transaction, the transferred amount will not be returned. If the purchase fails due to the fault of the seller, in accordance with the Civil Code, he undertakes to return the advance payment in double amount.

These conditions will apply when the deposit when purchasing a car is properly completed. A sample document is discussed below:

Name of the form.
The city where it was signed and the date of compilation.
Data of the parties to the agreement: full name, date of birth, passport details, place of registration.
The fact of acceptance of funds indicating the exact amount.
Guaranteed obligation - concluding a contract for the purchase and sale of a car before a specified date. Here you need to indicate the make, model, color, year of manufacture, engine number and model, body number, vehicle passport details.
The type and number of the document on the basis of which the seller owned the car.
The full cost of the vehicle.
Responsibility of the parties in case of failure to fulfill obligations.
Details of the parties and signatures.

The agreement is drawn up in the presence of both parties. The text must indicate when the purchase is planned to be made. To avoid disputes, all amounts are entered in figures and words.

How does a contract protect the rights of the buyer?

When the deposit is transferred when purchasing a car and the corresponding agreement is drawn up, the buyer does not have to worry that the vehicle will be sold to another person. As part of the agreement, the owner undertakes not to change the transaction price.

The concluded agreement provides the following advantages:

the purchase will be completed within the specified period;
the cost of the car will not increase;
in case of failure of the transaction due to the fault of the seller, the buyer receives his money in double amount.

How to prepare a car inspection report

From the moment of concluding a preliminary contract for the purchase and sale of a car with a deposit until the transaction itself, a lot of time can pass. Due to unforeseen circumstances, such as a breakdown or accident, the value of the vehicle may drop significantly. Perhaps its acquisition will become impractical.

In order for the buyer to assert his rights, it is recommended to draw up a vehicle inspection report. It reflects the following data:

time of inspection;
date and place of assessment;
data of the parties;
information about the car: make, model, year of manufacture, registration number, color, registration certificate, vehicle passport details;
characteristics of the technical condition and equipment at the time of inspection;
presence/absence of external defects.

At the end, you can indicate that the act is drawn up in two copies, one for each party. Next, the buyer and seller put their signatures. It may be advisable to have the vehicle inspected and deposited in the presence of two witnesses.

The condition of the machine should be assessed and the results documented before signing the contract. When the buyer signs the agreement, he confirms that he intends to purchase the vehicle and is happy with its condition. Subsequently, it will not be easy for him to make claims. Therefore, the inspection is carried out before signing the contract.

Receipt plan

To confirm the transfer of funds, the seller provides a receipt confirming receipt of the deposit for the car. The sample includes the following key points:

Name of the form.
Details of the owner who received the funds. You need to enter your full name, residential address, and passport details.
Data of the second party from whom the advance payment was received.
A direct indication that this amount is a deposit.
Prepayment amount.
An obligation guaranteed by a contribution. It is indicated that the funds have been contributed towards the future payment of the cost of the car. Her details should be included.
Total purchase price.
Estimated date of the transaction.
Signatures of the owner and buyer with transcript.

The transfer of the deposit when purchasing a car is accompanied by the signing of an agreement. It should indicate the amount of the advance payment and the final cost. Before signing the agreement, it is recommended to inspect the machine and sign the corresponding document. Next, you can download samples of documents required when transferring a deposit.

Sample form of a deposit agreement

Author of the document

Agreement on deposit

City ________________ ___________________(date)

(full name, address, passport details)

hereinafter referred to as the Seller, and _________________________________________________

(full name, address, passport details)

______________________________, hereinafter referred to as the Buyer, have entered into this agreement regarding the following:

1. The Buyer gives the Seller a sum of money in the amount of: _______________________

against what is due from him under the upcoming purchase and sale agreement

(indicate the object of sale and its full cost)

as proof of the conclusion of the contract and to ensure its execution.

2. If a contractual obligation is terminated before the start of performance by agreement of the parties or due to the impossibility of performance, the deposit must be returned to the Buyer in full.

3. If the Buyer is responsible for failure to fulfill the contract, the deposit remains with the Seller.

4. If the Seller is responsible for failure to fulfill the contract, he is obliged to pay the Buyer double the amount of the deposit.

5. The party responsible for non-fulfillment of the contract is obliged, in addition to what is specified in clauses 3 and 4 of this agreement, to compensate the other party for losses, including the amount of the deposit.

6. Disputes that may arise during the execution of the terms of this agreement, the parties will strive to resolve amicably through pre-trial proceedings: through negotiations, exchange of letters, telegrams, faxes, etc. In this case, each of the parties has the right to claim that it has in writing in the form of the results of resolving the issues that have arisen.

7. For all issues that have not found their solution in the text and terms of this agreement, but directly or indirectly arising from the relations of the parties to it, affecting the property interests and business reputation of the parties to the agreement, bearing in mind the need to protect their legally protected rights and interests, the parties of this agreement will be guided by the norms and provisions of the current legislation of the Russian Federation.

8. This agreement comes into force from the day it is signed by the parties, from which it becomes binding on the parties who entered into it. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this agreement.

This agreement is valid for _____________ (until the parties complete their obligations under it) and terminates

_____________________ 20___.

Termination (expiration) of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violations, if any, occurred during the fulfillment of the terms of this agreement.

9. Other conditions

Done (this _____________ agreement is concluded) between the parties - participants indicated below, signed in _________________________

(city, town, etc.)

________________ 20___ in ______________ copies: ___________ for each party

(day, month) (quantity) (how many)

agreement, and all copies have equal legal force.

Signatures of the parties:

Comments on the document “Sample form of deposit agreement”

complete garbage deposit agreement is an agreement for an advance payment for a transaction the deal did not take place return the advance payment any court will force you to return the deposit such a concept does not exist as a deposit only if these are not legal entities and the damage from non-completion is proven and how to force the buyer or seller to give a double deposit complete garbage purchase transaction property sales

This website contains samples of documents that have undergone legal review. You should not leave comments that are not substantiated and are not based on the law.

“a deposit agreement is an advance agreement”

If you carefully study the current legislation of the Russian Federation, you will see the differences between a deposit and an advance (from a legal point of view, they are significant) and this is by no means the same thing.

“the deal did not take place, return the advance; any court will force you to return the deposit”

You are not right. The advance can be returned, and if an agreement on a deposit is concluded and, due to the fault of the party that gave the deposit, the purchase and sale agreement was never concluded, then the deposit remains with the seller (clause 2 of Article 381 of the Civil Code of the Russian Federation). And since all our judges have a legal education and know such basic things, not a single court will oblige the return of the deposit if the buyer himself is to blame for the fact that the transaction did not take place.

“such a concept does not exist as a deposit only if these are not legal entities and damage from non-completion is proven”

So that you have no doubt that such a concept as a “deposit” exists in the law, pay attention to clause 1 of Art. 380 of the Civil Code of the Russian Federation (it specifies the concept of a deposit). For your information, the Civil Code of the Russian Federation applies not only to legal entities, but also to individuals, therefore, an agreement on a deposit can also be concluded between individuals. And for damage caused by failure to complete a transaction, if we speak legally correctly, then losses, the party responsible for failure to fulfill the transaction is obliged to compensate for losses, offset by the amount of the deposit, unless otherwise specified in the contract (clause 2 of Article 381 of the Civil Code of the Russian Federation).

“how to force the buyer or seller to give double deposit”

According to paragraph 2 of Art. 381 of the Civil Code of the Russian Federation, only the seller is obliged to return the deposit in double amount if, through his fault, the transaction does not take place. You can force this to be done by filing a lawsuit in court and enforcing the court decision through the bailiff service.

Article 380. Concept of deposit. Deposit agreement form

1. A deposit is recognized as a sum of money given by one of the contracting parties against the payments due from it under the contract to the other party, as proof of the conclusion of the contract and to ensure its execution.

2. The agreement on the deposit, regardless of the amount of the deposit, must be made in writing.

3. In case of doubt as to whether the amount paid towards payments due from the party under the contract is a deposit, in particular due to non-compliance with the rule established by paragraph 2 of this article, this amount is considered paid as an advance unless proven otherwise.

Article 381. Consequences of termination and failure to fulfill an obligation secured by a deposit

1. If an obligation is terminated before the start of its execution by agreement of the parties or due to the impossibility of fulfillment (Article 416), the deposit must be returned.

2. If the party that 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 non-fulfillment of 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.

Therefore, Natalya Pavlovna, before giving such assessments to this or that document, study the legislator’s point of view on this issue.