Deposit Receipt for Kapara

Deposit receipt – a professional template in Word format

A deposit receipt (potvrda o kapari) is written proof that the seller has received a certain sum of money from the buyer as security for the conclusion and performance of a sale. It is most often used for real estate and used vehicles, where the deposit (kapara) is handed over before the main contract is signed, while the documentation is being collected or loan approval is awaited. Without a written receipt there is only an oral arrangement, and in a dispute it is almost impossible to prove how much money was handed over and for what purpose.

The deposit is governed by the Obligations Act (Zakon o obveznim odnosima) (Articles 303 to 307). The template faithfully reflects the actual statutory rules rather than the popular idea of what a deposit does – a deposit does not in itself give a right to withdraw from the contract; the right of withdrawal has to be expressly agreed as forfeit money (odustatnina). Alongside the receipt for the deposit received, a form for a receipt on the return of the deposit is included, with a statement that there are no further claims.

Key features

• Professional template – two forms (receipt and return of the deposit) drawn up in line with the provisions of the Obligations Act on the deposit.
• Practical reliability – the legal effects of the deposit are described exactly as the act prescribes them, with a separate option for the deposit as forfeit money.
• Easy customisation – three ready-made variants of the subject matter (real estate, vehicle, movable property) and two variants of payment (cash or transfer to an account).
• Digital availability – the DOCX file with instructions arrives by e-mail immediately after purchase, ready to be printed and signed when the money is handed over.

What the template includes

• Details of the seller as recipient and of the buyer as giver of the deposit (name, OIB, address)
• Article 1 – the subject of the receipt with the amount of the deposit and three variants of the subject matter of the sale: real estate with the cadastral parcel number, cadastral municipality and land registry folio, a vehicle with the VIN and registration, and general movable property
• Article 2 – the manner of payment of the deposit, in cash against signature or by transfer to the seller’s IBAN
• Article 3 – set-off of the deposit against the purchase price and the amount remaining to be paid
• Article 4 – the legal effects of the deposit under Articles 303 to 307 of the Obligations Act, including the choice available to the injured party in the event of non-performance
• A separate clause on the deposit as forfeit money, to be included in the document only if the parties genuinely wish to agree a right of withdrawal
• Article 5 – the deadline for concluding the main contract and a note on the mandatory certification of signatures for real estate
• A second form – a receipt on the return of the deposit with a statement by the parties that there are no further claims
• Instructions for completion, with the usual amount of a deposit and the difference between a deposit and forfeit money

Legal framework

The deposit is governed by Articles 303 to 307 of the Obligations Act (Zakon o obveznim odnosima). If the contract is duly performed, the deposit is set off against the price. If one party is responsible for non-performance, the other may choose between demanding performance of the contract, compensation for damage with the deposit set off or returned, or keeping the deposit, or demanding double the deposit. A right of withdrawal exists only where it has been expressly agreed with the deposit as forfeit money (Articles 306 and 307 of the Obligations Act).

A deposit goes with a contract, not instead of one. If you are still negotiating the purchase of a property, see the preliminary purchase agreement for real estate, and for the transfer of ownership itself the real estate purchase agreement with a clausula intabulandi.