When there are any friction, that involve some sort of agreement, In this case, the receipt can serve as a confirmation that the apartment has been transferred for use.
The buyer is expected that he will keep the receipt safely for 3 years from the date of its composition. It was during this period of time the seller has the right to file a claim, Later, the court will not accept such a statement on the statute of limitations. As this document is necessary to issue and how it receives valid?
Practice knows two types of contracts on the purchase of the real estate. First of all, it is a simple contract. It must contain a statement to the, that the two sides made a deal. At the same time this document does not indicate the amount of the issue. However, this kind of agreements have rarely used. Modern tax code requires necessarily indicate, What amount will be paid for the property. It's necessary, to be able to pay all necessary taxes. If specified amount remitted, the information on the most 
No transfer of money.
Who is gaining in popularity the second type of contract in which the addition amount and information about the properties it is necessary to point out the receipt of funds by the former owner. Given the fact, that the contract on the purchase of real estate must be notarized, then in such a situation does not necessarily provide a receipt of cash transfer. The thing is that the seller signs an agreement with spelled paragraph about already transferred the funds and he does so in the presence of a notary.
In situations when losing a receipt for one reason or another, it can later be restored but otherwise it will have to do through the courts.
So it turns out, What if there is such a clause in a notarized document?, then there is no need to draw up a receipt, However, if there is no such clause in the papers, there is a need in the drafting and signing of a separate receipt for the money. To receipt has fulfilled its role must be to conform to such requirements:
- The seller writes a receipt from the hand, It will not print it, it's desirable, but it must be written in blue ink (This is because the black ink can be regarded as a copy of the document is not legally binding);
- Necessarily have to be the date of registration of the document, and consequently transferring money;
- The receipt should be made purely without any corrections and erasures.
It should be noted that the receipt can be useful not just for show in court, but also to, so that when a dispute arises to conduct handwriting analysis, if necessary,, when the seller denies that he wrote this document.
Buyer of course need to be concerned about, the seller was a receipt.
In what situations it will come in handy
In the case of purchase or construction of residential premises, the money spent on their purchase can be specified as a property deduction on PIT. Of course, these costs can be confirmed by a variety of other documents. Such costs can be verified paper trail: checks, receipts, bank statement, securities on loan payment. Even an agreement on purchase and sale can perform this function, but for this he needs to be the right way for this situation, decorated. The agreement should have information about all the payment made in full. And another suitable document is the receipt of the receipt of funds.
notarization. This type of receipts of cash does not necessarily expose notarized. Such a requirement is not found in the legislation. The law has not been a single mention of the fact that the buyer and seller must certify their receipt at the notary. The receipt must contain the name and initials of the parties to the agreement, information from passports, and in addition to the receipt should write that the money was transferred from the buyer to the seller.
If the receipt is lost
In the event that a receipt will lose, it can be restored. However, if this is not possible, ie output – go to court. The judgment and will of the supporting paper, which can confirm the transfer of money. To do so would be to sue, and the theme of the hearing will be to confirm or refute the very transfer of funds.
It turns out, what if a at Agreement on sale and purchase of immovable property and there is a row about Tom what money transmitted seller, this paper can not be regarded as proof of the transfer of money because this Total only commitment to be executed. But may not be executed.
The very fact of these actions performed by individual securities such as the act of receiving a transmission and receipt of the receipt of funds.
The very act of receiving the transfer should contain information on about mutual settlements, and that the parties to the transaction have no claims against funds. However, often the buyer are insured and ask the seller to make non-binding document, receipt.
Such a document would be a clear advantage of the buyer, if you suddenly want the seller to be manufactured on the challenge and completed transaction.
The receipt of the receipt of money for real estate should be made legally competent, with the result that give it legal force. You can highlight some of the points required.
It is reasonable to receipt of all to the man wrote, who should be the recipient of funds. None of representing the interests of the seller without a receipt, whether relatives, friends or realtor.
We need to clearly indicate what kind of property in question. It must be a clear address or cadastral number of land, that in the future there is no dispute on this topic. to compile receipts about receipt of of monetary means for property must adhere to certain rules, which will create a document legally significance. here these moments:
- receipt writes the person, which is an recipient of money, but therefore this seller.
- receipt recalls on contract purchase the sale, and therefore welcomed the content of such phrases, as “according to this–the point purchase the sale“.
- receipt must contain clear address real estate, that then it was not a subject for debate.
- AT receipt should to be listed all the necessary details of the document, such as name and initials Seller and buyer, which coincide with the passport data, transferred amount in words and figures, and the date and a place registration documents.
- AT end of the document countersigned by the parties.
If a at receipt not will be of the of these element, the at case judicial the proceedings will have to prove its viability, and the court can not to accept this document from-for him not improper preparation.
So that the document was more legal significance, The document must be signed in the presence of witnesses. In this case, they also certify their testimony with signatures.
In the case when the property is owned by several people at once, In that case, they must all sign the document. In the same way, they must sign a contract of sale. If the property is subject to shared ownership rules and the money for this property was received separately, then in such a situation, the receipt is also written separately for the amount specified in the contract.
It is preferable to write a receipt by hand, as it will come in handy for graphological examination. However, it is quite common to have the main part of the text printed, And individual data is entered by hand. This can be the cadastral number of the real estate, may be passport details, but it's a must should signature with Transcript.
this document must to be made up in one Instance and Stored It's with the buyer. There is such a method of purchase, through Bank Cell, then seller must give a receipt for the receipt of of monetary means After that, how to sign the contract and receive the keys to the safe deposit box.
According to the law, the author of the receipt is not required to certify it by a notary, Therefore, notarized receipts are extremely rare.
Let's talk now about Alternative Method Deal. Then there is more than one for sale, And several properties at once, m Built A whole series of of selling. This type of transaction has several features.
In this case money from First buyer are handed over directly to the last seller. Wherein seller at Middle even not Sees of money. It's a deal In fact, it bypasses this person. His benefit from the deal – This is a different property.
However, such a seller must still draw up a receipt for the receipt of money in accordance with his contract of sale. Otherwise, there will still be a danger that the seller will be dishonest and will begin to challenge the transaction in court due to the alleged failure to receive the money in full.
At the time of the transaction, all participants, and witnesses must be in possession of their original passports. Otherwise, it will be necessary to bring them, because without them, With only copies or other documents confirming the identity, it is not possible to issue this receipt. This means that you need to work with the original documents, by checking whether the data from them correspond to those recorded in the receipt.
Witnesses to the transaction
Witness confirmation is another point that can give more force to any legal document. This means that it will not be superfluous at all to, that the document shall be certified by witnesses, indicating all the necessary information about themselves and certifying this document with their signature.
Do not forget that in any situation, the text of the receipt must be written by the seller's hand. That is why the filling out of the paper is monitored by those who are especially interested in it – It's the buyer. He must compare what is indicated in the passport of the person with what is indicated in the receipt.
Legal validity of the document
When to Buy Any Property, Such a document as a receipt is a very important component of this procedure. In the contract of sale, it is often stated only that, that the buyer undertakes to hand over the full amount claimed, And the seller undertakes to place this property at the disposal of the buyer. but, it's just a commitment. But the fact confirming the fulfillment of this obligation can be reflected in the receipt. But in order for a document to be officially recognized as legally binding, it must comply with some rules.
First of all, The document must be drawn up correctly and competently, All personal information from passports must be transferred to the receipt without errors, And there should be no mistakes or blots in the text itself.
Secondly, The document must be drawn up in two copies, The signatures of the parties to the contract are put in both copies. The same can be said of the witnesses, They sign both copies of the receipt.
Thirdly, A receipt can be called an appendix to the contract. If we talk about this kind of deal, then, without a contract, the receipt will have no legal value. So if you draw up a receipt separately from the contract or do it before you draw up a contract, then you can run into trouble. Since in such a situation, the seller has the right to declare that he did not participate in any transaction and not to fulfill his obligations under the transaction, namely, to transfer possession of immovable property.
Fourthly, For additional reassurance, the document is drawn up in writing and written by hand Seller. Although and printed and written from Hands text Has Same legally Force, Written from Hands paper will be a fine example of handwriting for possible expertise.
Fifthly, The text should not contain blots or corrections. It is better to destroy the corrupted version and write a new document.
Sixth, It is worth remembering that only the originals are legally valid. A copy of it has no legal effect
When it comes to witnesses, then they are desirable, but are not mandatory. This means that, of course, it would be great to involve witnesses in the execution of the receipt, However, even if there are none, the document, if all the above requirements are met, will still have legal force.
Sample of a receipt for the transfer of funds for an apartment
