During the inspection of the plot and house, the buyer usually gives an advance payment (or deposit) to the seller and concludes a preliminary contract. Thus the buyer confirms his interest in the future transaction and before its conclusion checks the documents on the object of sale and the seller himself. The receipt confirms the transfer of funds (advance payment) by the buyer to the seller, which is set off against payment of the purchase price under the contract of sale of real estate. The advance does not have a security function and has a refundable nature. Unlike a deposit, the advance is subject to return to the buyer in case the buyer or another party fails to conclude a contract of sale in the future.

Often buyers of real estate property pay an advance payment to the seller prior to the conclusion of the sale and purchase agreement in order to confirm their intention to purchase the property and to carry out the Due Diligence Exercise. In order to formalize the terms of the advance payment, to fix the price of real estate, to establish the terms and other conditions of the main sale and purchase agreement, the parties conclude an agreement on advance payment. The advance payment agreement contains elements of a preliminary agreement, obliging the parties to conclude the main land plot and house sale and purchase agreement in the future. The agreement can be used for other types of property. The advance payment will be set off against the purchase price under the main sale and purchase agreement in case of its conclusion and returned to the buyer if the contract of sale is not concluded. The package includes drafts of: (i) agreement on advance payment; (ii) receipt of advance payment; (iii) acceptance certificate of documents for verification.

Conditions of the form of the contract of sale of an apartment. Settlement procedure: 1. Deposit. The deposit given by the buyer to secure the conclusion of the apartment sale and purchase agreement shall be set off against payment of the purchase price of the apartment. 2. Letter of credit. The buyer opens two covered (deposited) irrevocable letters of credit on the day of contract conclusion: (i) letter of credit 1 is opened to the seller after registration of the buyer's title to the apartment; (ii) letter of credit 2 is opened to the seller after the seller has paid off the loan to the bank and released the encumbrance in the form of a mortgage within the period specified in the contract. Risk mitigation: If the seller fails to fulfill the obligations to pay the loan to the bank and remove the encumbrance within a specified period of time, Letter of Credit 2 is not opened to him. In this case, the buyer can take the place of the seller (pledgee in the mortgage agreement), subject to the approval of the bank as a borrower, and fulfill the obligation to the bank at the expense of funds from the letter of credit 2 or refuse to fulfill the contract of sale of the apartment.

Vyacheslav Khayryuzov, Head of Data Protection at Arno Legal comments on the recent package of bills on tightening liability for personal data leaks

A template for a petition to skip the limitation period used in court proceedings between legal entities and individual entrepreneurs. This template allows you to correctly file a petition for the application of the consequences of missing the limitation period, which may become the basis for refusing to satisfy the claims. The document includes the following key sections: Information about the parties - information about the defendant and the plaintiff, including location and contact information. The details of the case are the case number, the content of the dispute and the judge considering the case. Justification is a description of the expiration of the limitation period and the circumstances related to its calculation. The request is a statement on the application of the consequences of missing the deadline and the refusal of the claim. Appendices - a list of attached documents confirming the powers of representatives. The petition provides the parties with the opportunity to legally protect their interests in case of missing the statute of limitations and compliance with procedural rules

A template for a motion to suspend proceedings in a case used in judicial practice. This template is intended for filing applications to the court with a request to suspend the proceedings in connection with the occurrence of circumstances that make it difficult to continue the trial. The document includes key sections: Information about the parties to the case - complete information about the applicant and the other party, including name, legal details and contact details. Grounds for suspension - a description of the reasons for which it is necessary to suspend production, indicating the relevant legislative norms. Confirmations and documents - a list of documents confirming the need to suspend proceedings in a case, indicating the name of the document, date and number. The wording of the request is a clearly formulated request for the suspension of the case, an indication of the period of suspension or the conditions under which further consideration is possible. Appendices - a list of all attached documents that confirm the grounds for filing an application. The template provides a structured presentation of information, facilitates the application process and helps to avoid mistakes in the preparation of legal documents

The template of the petition for the addition of additional materials to the case in court proceedings. This template is intended for use by legal entities and individual entrepreneurs in the process of litigation. The document includes the following key sections: Information about the courts and the parties to the case: the name of the court, the address of the court, information about the defendant (name of the legal entity, INN, OGRN, address, phone, email) and the plaintiff (full name of the individual entrepreneur, OGRNIP, address). Details of the case: the number of the case in court, the full name of the judge. The essence of the petition: the title “PETITION for the addition of additional materials to the case”, a brief description of the subject of the dispute and the justification for the need to attach additional documents. Description of the attached documents: name, number, date of the document, number of sheets, specific circumstances and purpose of the materials. Article of the legislative act: references to articles 35 and 56 of the Civil Procedure Code of the Russian Federation. Appendices: list of attached documents, power of attorney of the representative. Signature and information about the representative: full name of the representative of the legal entity, date of filing the application. This template allows you to structure the information attached to the case, ensuring its full and comprehensive consideration by the court

The template of the application for the appointment of an expert examination in the arbitration court. The document is intended for use by legal entities involved in court proceedings. The template includes important sections: Data of the defendant and the plaintiff - information about the parties to the case, including details and contact details. A petition is the wording of a request for the appointment of an expert examination for a comprehensive review of the case. The type and subject of the examination is an indication of the type of examination (for example, complex) and the issues that need to be resolved. Justification of the need is a statement of the reasons and circumstances that require an examination. Expert or expert organization - the data of the person or organization who will be entrusted with the examination. Payment is the terms of compensation for the costs of the examination. Appendices - a list of documents attached to the application. This template helps to structure the petition, taking into account the nuances of procedural actions and facilitating compliance with the formal requirements of the court when applying for the appointment of an examination

A template for an application for the issuance of a copy of a judicial act intended for submission to the relevant judicial authorities. This document will be required if it is necessary to obtain a certified copy of a court order or other procedural act. The template contains the following key sections: Information about the court - the address and name of the court responsible for the consideration of the case. Information about the defendant - the full name of the legal entity, INN, OGRN, address and contact details. Information about the plaintiff is the data of an individual entrepreneur or another party to the case, including the address and OGRNIP. Case data - the case number, information about the judge and the subject of the dispute. The main text of the petition is the justification for the need to issue a copy, based on the provisions of the Civil Procedure Code of the Russian Federation. Appendices - a list of necessary documents, including a power of attorney from a representative. The petition template regulates the process of obtaining copies of judicial acts and provides legal support during the trial

A template for a petition for the restoration of a missed procedural period, intended for use by legal entities. The document includes the main sections necessary for an effective appeal to the court: The introductory part is an indication of the name of the court, the address, the data of the defendant and the plaintiff, the case and the judge. Description of the reason for missing the procedural deadline - an explanation of the circumstances, for example, the temporary disability of the applicant, which prevented the submission of the document within the established time frame. The legal justification is a reference to article 112 of the Civil Procedure Code of the Russian Federation. A request to the court is a request to restore the procedural period and attach the relevant documents to the case file. Appendices - a list of attached documents, such as a missing document, supporting documents and a power of attorney. This template helps the parties to correctly file a petition and increase the chances of its satisfaction in court, ensuring compliance with all necessary procedural rules and requirements