Preliminary contract of sale with a deposit, sample which is drawn up according to certain rules, quite often drawn up in practice. The popularity of this agreement is due to the desire of the parties to the transaction to protect themselves. Let us consider in more detail what constitutes preliminary contract of sale with a deposit. 
Essence of the agreement
Preliminary contract of sale with a deposit, sample which is presented in the article, drawn up at the negotiation stage. The essence of this agreement is to establish the obligations of the parties to the transaction for the future. Simply put, concluding preliminary contract of sale with a deposit, both participants will have to complete the transaction. If for some reason this or that party changes its initial intention, then it incurs losses.
In the Civil Code there are special provisions that govern the preliminary contract, deposit, sample agreement. However, in spite of this, in practice there are many questions when preparing such a document. Especially often they appear in the framework of relations associated with the turnover of residential real estate.
A means of ensuring the implementation of the conditions established by the preliminary contract is a deposit. The sample agreement contains an indication of the exact amount that one party transfers to the other. After the fulfillment of the obligations assumed, that is, the conclusion of the main agreement, it is counted towards the payments due under the transaction.
If the seller refuses to draw up the contract, then the amount received by him is returned to the buyer in double size. The acquirer, in turn, will also incur losses if he changes his mind to make a transaction. If he refuses to sign the main contract, the amount of the deposit will not be returned to him.
Signs of agreement
The above information indicates that:
- The deposit ensures the fulfillment of the obligations of the parties to draw up a contract of sale in the future.
- In the normal course of relations, the amount paid by the acquirer will perform the payment function under an agreement that has not yet been signed.
GK Norms
As indicated in article 380 of the Code (paragraph 1), advance deposit - the amount of money that is issued by one participant to another on account of payments due from him on the main transaction. She acts as evidence of the conclusion of the agreement and ensuring its implementation. A preliminary contract establishing obligations and providing for a deposit must be made in writing.
In case of failure to comply with this requirement, the agreement will be deemed invalid. It means that deposit without prior agreement cannot be considered as a means of security. The fact of the transfer of money must be certified. The law establishes that the deposit can be provided exclusively by contractual obligations. In other cases, it cannot be used.
Its payment function assumes that the transferred amount can be used to secure monetary obligations. In the absence of any of the above properties, it deprives its properties of a deposit. If there are doubts about the legal nature of the amount of money, in particular, due to the lack of a written form of the agreement, then it will be considered an advance, unless otherwise proven.
Contradictions in the law
As you know, the contract of sale of any property is subject to state registration.Only after carrying out this procedure the transaction will be considered concluded and effective.
3preliminary contract, in turn, is aimed at ensuring an existing obligation under an agreement that is valid for participants. This is the inconsistency of norms. When revealing the definition of a deposit, the legislator clearly indicates its accessory (derivative) nature, as well as the existence of a truly existing obligation under the contract, in which the deposit is actually secured.
In fact, he cannot guarantee the execution of an agreement that has not passed state registration. A somewhat different situation with movable property. Transactions with such objects of registration are not subject. Accordingly, for example, preliminary contract of sale of the car with a deposit may well be the case. 
Regulation Nuances
Current legislation does not fix the procedure in accordance with which should be drawn up preliminary contract of sale of the house. With a deposithowever, it cannot be concluded. As indicated above, such an agreement must be registered by an authorized government agency.
This procedure for real estate transactions is crucial. A deposit under a preliminary contract that is not subject to state registration implies a number of negative consequences for the parties if they refuse to conclude the main transaction.
These include, in particular, the ability of any participant to enforce the execution of a secured agreement in a judicial proceeding. At the same time, the entity whose interests were infringed is entitled to demand compensation for losses incurred in violation.
Agreement objectives
Preliminary contract deposit performs an organizational function. The transfer of money is aimed at establishing a non-property obligation to draw up an agreement in the future.
The scope of this preliminary contract is related to the preparation for the transaction of a property nature. Accordingly, any going beyond the established framework should be considered as an unreasonable extension of the provisions of the law.
Important point
As indicated in the norms of the Civil Code, the interested party, in case of refusal of the second participant to complete the main transaction, may file a demand for compulsion to conclude it with the court. Does this rule apply to preliminary contract for the sale of an apartment with a deposit?
In practice, it may turn out that the court simply cannot force the participant in the failed transaction to conclude it because the object has already changed its owner. In this case, only one consequence will result in unfulfilled preliminary agreement.
Apartment, deposit for which it was transferred will remain with the person who is the owner at the time of the dispute. In this case, the court may entrust the defendant with an obligation to compensate the plaintiff for losses or apply sanctions to him established in the agreement.
Thus, as lawyers point out, the preliminary contract performs an organizational function. It cannot generate property, including monetary obligations. Accordingly, the pledge under the preliminary contract does not fulfill the payment function.
The indication in the legislation that the transferred amount will subsequently be taken into account in payments under the transaction does not change the provisions, since the main agreement has not yet been finalized. 
Performance Features
If you do not take into account the indication of the possibility of offsetting the deposit in the amount of payments under the secured transaction, it is necessary to recognize that the main contract and the preliminary agreement, although interconnected, but independent acts.
Upon execution of the first, the obligation arising from the derivative document is terminated by performance. Preliminary deposit, sale of land or other real estate property operate in different time ranges.
Controversial issues in real estate transactions
Some citizens who are poorly versed in the law use incorrect language. For example, defending their position in court, they say that they have concluded apartment advance sale contract. Let's make some clarity.
A preliminary contract for the sale of real estate may indeed be concluded. However, the part of the amount due to such an agreement due to the owner is not proof of the transaction, since there is nothing to confirm, but it confirms the intention to fulfill the obligation to pay the agreed funds.
There is another side to the issue. If the agreement was not executed in writing, but the amount was transferred and it was proved that it is a deposit, payment of funds confirms the fact of the transaction. To ensure acts to be certified by a notary, the certification function of the transferred funds is considered unclaimed. What about the agreements that need to be registered?
Lawyers say that draw up preliminary contract for the sale of land with a deposit, like any other immovable object, impractical. For such transactions, this form of enforcement is not applicable. There is no obligation prior to registration. Accordingly, there is nothing to provide. This rule applies not only to residential properties.
For example, a preliminary garage purchase agreement with a deposit will be declared null and void. In this case, there is also no primary obligation that is secured. The consequence of the recognition of the nullity of the agreement is the return of the deposit under the preliminary contract. 
Possible solution to the problem
According to a number of lawyers, legislative consolidation of the possibility of legal entities to choose the means stipulated by the norms, including a preliminary contract and a deposit, can be the best way out of the situation. However, in this case, one would have to refuse to register real estate transactions, leaving a mandatory registration of rights to objects and their encumbrances.
Currently, courts increasingly recognize preliminary agreements with a deposit as an advance agreement, under which the acquirer pays part of the value of the property. Accordingly, participants in transactions establish conditions in such acts on the application of penalties for non-conclusion of a transaction.
In this case, a monetary penalty equals the amount of the advance transferred by agreement. The essence of such an action is to provide forfeit / fine the obligation to execute the transaction in the future.
Alternative option
Some lawyers and realtors offer a different solution to the problem. To ensure the fulfillment of obligations under the already signed, but not registered sales contract, it is recommended to form a special fund. It should consist of deductions from each party to the transaction or one of the parties. This fund is transferred to a third party entity (the same realtor, for example, or a notary public).
In case of violation of the terms of the agreement, the funds would be transferred to the bona fide participant. But in this case, the question may arise about the legality of storing money. Since it can be regarded as a type of entrepreneurial activity of a third party.
Such a security measure is not provided for in law. However, it is not prohibited by the norms. 
How to return a deposit under a preliminary contract?
In the case of an agreement mediated by a real estate agency, it is advisable to include it in the transaction as a third party in the person of its director or other authorized person acting in accordance with the power of attorney.If a dispute arises, the company will be brought to trial.
Third party testimony can play a decisive role in establishing the guilt of any party to the transaction. Accordingly, they will affect the decision to satisfy the plaintiff's claim. advance deposit and the amount of the penalty.
Essential conditions
Making a preliminary contract, it is necessary to include in it clauses providing for the appearance in a particular notary's office, on a specific day and time. This will ensure that there is additional evidence of good faith intentions to complete the transaction. Particular attention should be paid to the issue of liability.
The contract should clearly state for which violations, which sanction is being established. In addition, the procedure for proving guilt should be stipulated. Another important point is expenses. The contract should describe in detail what costs are incurred by which of the participants.
The purpose of the agreement is to prepare the necessary documents to complete the transaction on time. Moreover, the role of a real estate agency in solving this issue is far from the last. If the advance is paid in foreign currency, it is advisable to indicate the ruble equivalent of the amount, as well as the rate at which payment is made, and the date on which it is valid. 
Conclusion
Pre-contractual relations were enshrined in domestic law as early as the 19th century. However, at that time the conditions for its implementation were somewhat different. In particular, in the case of refusal to conclude a transaction, in the security of which a preliminary contract was drawn up, no one, including the court, could force the subject to execute it.
In Soviet times, the situation was reverse. If one of the participants evaded the execution of the contract provided for in the preliminary agreement, the court could not only recover the losses caused by this, but also recognize the transaction completed on the agreed terms.
Modern legislation is in the middle of this issue. As for the "culprits" of failed transactions with real estate, their situation is far from hopeless. Even if there is every reason to believe that they have not fulfilled their obligation and this will be proved in court, they can not only file a lawsuit to protect their rights, but they also need to. After all, it is necessary to understand that the amount of financial sanctions is ultimately subjectively set by a particular judge, taking into account all the circumstances of the dispute.