What condition must be stipulated if a deposit is to be treated as an agent's payment?

To ensure that a deposit is treated as an agent's payment, it must be clearly stated in the agreement that any standard conditions need to be modified to reflect this treatment. This means that the contract should stipulate that the deposit will not simply serve as a security against default but will instead be considered as a payment to the agent. By varying the standard conditions, the parties involved are agreeing on the specific implications and responsibilities tied to this payment, thus aligning it with the broader context of the transaction rather than treating it as a traditional deposit that might be refundable or held for other purposes.

In contrast, simply holding the deposit in a separate bank account or placing it in escrow addresses its physical handling and safety but does not necessarily establish the nature of the payment with respect to the agent's responsibilities. Additionally, asserting that the deposit cannot be returned if the sale fails does not inherently classify the payment as an agent's payment; it may still imply that the deposit serves a different purpose altogether. Therefore, varying the standard conditions is the key element needed to classify the deposit as an agent's payment.