26.10.2019

When money transfer is carried out when buying an apartment. The procedure for buying real estate for cash is different options for safe cash transmission to the seller. Cash Real Estate Payment: Nuances and Features


The purchase and sale of real estate involves the need not only to competently draw up a contract, but also to properly organize the exchange of financial resources. The transfer of money when selling an apartment can be made in different ways, each of which has its advantages and disadvantages. To make the right choice, you should carefully read each method.

The exchange of financial resources can be carried out in the following ways:

  • by transferring cash from hand to hand;
  • cashless translation;
  • with the involvement of third parties: real estate agent or notary;
  • through the bank.

Each of these methods has its own nuances, which determine the degree of its safety and convenience.

Calculation cash

The apartment purchase agreement is considered concluded after its signing by the participants of the transaction. The notarization of the document is optional, but desired add-on to the design of the procedure. At the same time, the signed agreement is subject to mandatory state registrationAfter which the transfer of property ownership from the seller to the buyer is being transmitted.

Moment transfer moment

Cash transfer is allowed both before registering property rights and after it. But no matter how the stage is calculated, when you select this method, both parties of the transaction are risky.

If the buyer transmits money until the contract is registered, it turns out that they are moving the actual owner, which may later cancel the sale, saying that he did not receive payment.

If the calculation is made after the transition of ownership, the seller risks. Because the buyer, becoming real estate owners, may not refuse to transfer money at all.

Cash transfer procedure

Therefore, if the parties choose cash, it is necessary to comply with a number of conditions:

  1. Make sure the transfer of money from the reception. In the presence of signatures of the parties, it is legal and can serve as evidence of the fact of calculation. The document is compiled in free form indicating:
    • details of the parties;
    • description of the object of the transaction;
    • transmitted amount numbers and in words;
    • the date of the calculation;
    • signed parties.
  2. Ensure the availability of witnesses or make sure that the receipt is notarized.
  3. Check bills for authenticity. This should take care of the seller in advance, because after the transfer of money, no one is responsible for them. For such a check, you can contact the notary, to the bank or purchase the detector and skip the bills through it yourself.

The safest way is the banking cell

The most secure way cash calculation - Use bank cell. The algorithm of actions in this case is as follows:

  • a visit to the selected bank of both participants in the transaction;
  • rent a bank cell on one of them (usually this is a buyer);
  • signing the lease agreement;
  • cash premises in the cell;
  • blocking cell before the completion of the transfer of ownership.

The high reliability of this method of calculation is determined by the fact that the mediator is responsible for the transfer of finance from one person to another. After the lease agreement is signed and money is placed in a cell, access to it is losing both participants in the agreement. You can open it only after the transaction is completed. If it goes successfully and the transfer of ownership will be decorated accordingly, the seller can immediately take money from the cell. And if the transaction for some reason will break, the bank will transmit financial resources back to the buyer.

What expenses accompany one or another method of transferring money?

Like any service, mediation in the process of transferring funds requires payment. If we are talking about cash without attracting a bank, you should prepare for expenses for:

  • notarization of receipt;
  • an additional fee to the representative of the real estate agency for presence during transmission and providing testimony if necessary;
  • checking bills.

If the parties decided to use the banking cell, in the estimate of the costs you need to take into account its payment. It is established depending on the number of days during which funds will be kept in the cell. Thus, the involvement of the Bank requires higher costs, which must be taken into account participants in the transaction. It should also be clarified who pays the cell and whether the rental fee is included in the amount of funds placed in her. However, additional costs are justified by a significant decrease in fraud risk for both the seller and the buyer.

Registration of purchase through bank letter of credit

This method is similar to the use of the cell, because in each case the mediator's role in the transaction performs the bank. But in contrast to the first method, the letter of credit is used when cashless payment. The scheme is as follows:

  • opens the score to one of the participants of the transaction (usually, this is a buyer);
  • it is transferred to the funds that will serve as a real estate payment;
  • after the transfer of property rights is completed, the Bank transfers funds to the seller's account, thus protruding the guarantor of its obligations to the parties.

If the transaction is canceled, the money will also be returned to the owner. This calculation method is more secure, because cash does not participate in the operation. And this means there is no risk of using fake bills or errors in their calculation.

The cost of the letter of credit is higher than when opening a bank cell, in addition, it has more difficulties in the design.

Advantages of the letter of credit:

  • high degree of reliability;
  • lack of hidden commissions;
  • the ability to transfer funds to another bank or another account without cash withdrawal and paying relevant interest.

Deposit at Notary

Another option of non-cash calculation with the involvement of an intermediary is a notary deposit. In this case, a special depository account opens to which the buyer transfers the amount of the transaction. It is stored on it until the transaction is completed when all the formalities with paperwork and the transfer of property will be completed. After they are completed, the notary transfers the tools to the seller either returns to the buyer (depending on the outcome of the transaction). The reason for the transfer of money to the seller is an extract from the USRP, which recorded the transfer of ownership.

Use of mortgage

If the buyer wants to acquire real estate at the expense of the loan, it is necessary to take into account the characteristics of the procedure. The stages of the transaction are as follows:

  1. The borrower gives required documents to the bank and expects consideration of your application.
  2. In case of approval, it opens the account, credits on it a certain amount specified by the Bank as an initial fee For housing.
  3. Looking for real estate at a price corresponding to the loan issued.
  4. After needed apartment The host consent to such a settlement is found and obtained, it must confirm its bank and open an account for receipt.
  5. After collecting all necessary securities And the completion of all formalities, the bank translates the amount to the seller's account corresponding to the cost of the apartment taking into account the inclined contribution.
  6. Next, the buyer repays debt by monthly payments (in the manner selected by the loan agreement).

If subsequently, the buyer will want to sell real estate, which was acquired at the expense of credit funds, should be taken into account that it is pledged by the bank. Therefore, any operations are possible only with its consent.

When the borrower wants to sell an apartment for which the loan has not yet paid, the money transfer procedure is controlled by the Bank. It is he who chooses the method of calculation, as a rule, is a letter of credit or a cell rental. While collecting the necessary documents and the design of the transfer of property rights is made, funds are blocked. The seller can get this money only after the completion of the specified procedures and only if they are enough to pay for mortgage debt.

Here it should be borne in mind that not every bank is equipped with bank cells. If there are no, additional substantive costs associated with the transfer of a large amount in the third-party banking organization are possible.

Participants of the transaction can compile an oral agreement, according to which the buyer repays a loan, and the seller draws an apartment on him. But this method is associated with certain risks, for example, additional payments for early closure of debt.

Thus, the most convenient and reliable way Calculation will be a letter of credit. The buyer opens a bank account and makes a necessary amount of money. After completing all the formalities and the transfer of property rights, finance enroll in the bank as a calculation for mortgage duty.

If without cash per mortgage apartment It is produced before registering a new property right, the seller can also deceive the buyer. The loan is repaid and the need to reissue the property is no longer. In such a case, the Bank may impose a restriction on the transaction, thereby freezing the funds received. Therefore, attraction banking organization As a third party, when performing any real estate transactions, it is a way to significantly increase their reliability.

The choice of a bank as an intermediary in the issue of money transfer has not only advantages, but also disadvantages. The main one is the lack of ability to choose a method of calculation. If the bank is accepted across a letter of credit or only through a bank cell, no one will change the rules for the sake of one client. Therefore, before contacting there, you should decide on the method of calculating and choosing the bank in accordance with it.

Risks associated with the involvement of the organization:

  • employee fraud;
  • termination of the organization's activities.

In the first case, you can count on compensation, because the bank values \u200b\u200bits reputation. And in the second - the bankrupt will be found a successor to which his obligations will be passed. Thus, the risk of losing money in this case is minimal.

Another feature of the method is the transparency of the transaction. It is impossible to undertake its amount in order to avoid taxes.

Thus, the involvement of the bank for calculating the apartment is the most convenient and reliable way.

Additional tips for reducing the risk of fraud when transferring finance:

  1. The right choice of place if the cash calculation is selected. It is not worth passing money at home either in an unfamiliar desert place. Also avoid major clusters of the people ( shopping centers, cinema halls, etc.). In the event of an unforeseen situation, the guards may not react on time, besides a fraudster will be much easier to get lost in the crowd.
  2. Prepayment. If the seller demands to pay a large amount forward, this is a reason to alert, because there is a risk no longer see your money. The deposit is only a confirmation of the seriousness of the buyer's intentions and should not be more than 5-10% of the purchase price.
  3. Attracting professionals. Participation of a qualified lawyer, notary, realtor or bank employee significantly increases the level of reliability of the transaction, because they are:
    • due to professional knowledge and experience, various nuances may foresee;
    • could give qualified testimony in the case of a trial.

Thus, for the successful closure of the transaction, it is necessary to take into account the many nuances that concern not only the design of the documentation, but also the issue of transferring funds.

When buying an apartment, a preferential number of citizens carry out the most expensive acquisition in their lives. For this reason, the issue of security is quite serious. The buyer should not only carefully check the current state of housing, and his legal purity. In addition, it is necessary to agree with the seller an acceptable method of transferring money.

It is worth considering the fact that in the process of registration of the contract for the sale of a notary notary is not engaged in a certificate of transfer money. Thus, the transfer of money when buying an apartment is regulated by the parties of the transaction at its discretion and for personal responsibility. Means can be transmitted without witnesses if there are no intermediaries when selling apartments. Then the fact of money transfer confirms notary.

What are there any ways to transfer money during the purchase process?

It is worth learn what exist ways to transfer money when buying an apartment:

  • cash from hand to hand before providing documents for state registration;
  • cash from hand to hand after the transaction;
  • to the account in the bank before performing the operation;
  • transferring money from the buyer's account in a bank to the seller's account, which is available for conducting in Russia and abroad;
  • transfer of money using real estate agency;
  • sending funds to the account of the seller in the bank after the transaction;
  • transfer of funds through the depositary depositary of the banking institution;
  • with the help of a letter of credit.

Each of these options has its own nuances, so they should be considered in detail. Thus, it will be possible to choose the most suitable safe ways of transferring money when buying an apartment and not make an error.

Calculations when buying for cash

The easiest way to transfer money when purchasing real estate is cash. Formally, the provision of property rights is committed during the period of state registration of the transaction, which is produced in the registration chamber. However, the registration itself will be performed in ten days from the date of submission of documents. If the acquisition involves the use of the mortgage, this procedure will take no more than five days. Many are interested in the question: "How is the transfer of money when buying an apartment in Volzhsky and in other cities?" In this case, the question arises: "When you need to pay?" There are two options:

  • Payment by fact. In this case, the documentary design of property rights is carried out, and then cash.
  • Prepayment. This option involves the transfer of money to the implementation of the state registration of alienation from property rights.

Both methods have their drawbacks. In the first case, the seller has a risk of staying without funds and without real estate, and in the second, the buyer faces with a similar risk.

How to safely make cash?

Large amount of money provided in cash form, It will be a good bait for robbers and scammers. It is worth learn how to make cash and reduce all possible risks to a minimum. To do this, you can use such recommendations:

  • The provision of funds must be confirmed by the reception. At the same time, the passport details of the recipient, the purpose of the transaction and the amount of the calculation are indicated.
  • It is undesirable to go alone with a large amount of money.
  • The buyer must choose the fund of funds. It is better to carry out this procedure in a crowded place in which there are surveillance cameras.

It is worth understanding that the transaction can become more secure with the help of a third party. The realtor will not be reliable, so it is better to contact a bank or real estate agency. This is due to the fact that large and long-term existing institutions will not risk their reputation. In addition, the buyer in this case can find out how reliable the representative of the services.

Calculation through a bank cell

The banking institution can take cash for storage for the time of the transaction and transfer of property rights. This happens on two bases:

  • Personal safe deposit. In this case, the contractual obligations appear between the recipient of funds and the bank. The seller of the apartment gets the key from the cell that contains payment. In this way, both sides protect themselves from the risks of the loss of money or real estate.
  • Responsible storage. In addition to creating the main contract, an additional agreement must be signed. It provides identification data from a citizen who has the right to pick up money from the cell after the transaction.
  • Conclusion of a tripartite agreement. It is signed by the buyer, seller and bank. The contract divides the timing of access to a specific cell between the participants so that they cannot intersect. The seller will be able to pick up his funds five working days after the implementation of state registration. At the same time, the Bank must provide confirmation that all agreed commitments were fulfilled. If the term has expired, and the buyer did not receive an apartment, he can return his funds.

It is worth noting that it is better to determine the money in the bank cell with the participation of the Seller. This will help avoid doubts about the amount of funds, the terms of the contract and authenticity of the banknote.

Costs for the maintenance of money in the banking cell

Participants in the contract of sale should be understood that the Bank provides its services on a fee basis. The lease term will be from one to two months. This is due to the fact that financial institutions mainly do not provide this service for several days or weeks. Payment depends not only on the storage period, but also from the volume of the cell. About the month amount will be from 1200-3000 rubles. Customers may additionally order banknote authentication and recalculate them, carried out by the Bank's employees.

Check procedures are performed in the presence of participants in the transaction, after which the tools will be defined in the package and sealed. Basically, the payment of services is assigned to the buyer. But this question is solved between him and the seller of the apartment individually. The procedure for recalculating and checking the means is coordinated with the bank before.

Purchase using a bank letter of credit

An alternative to the depositary cell can be the use of a bank letter of credit, which provides a high level of reliability of the operation. Letter of credit is the customer's irrevocable obligation to pay the required amount of real estate seller. This stage of money transfer when buying an apartment is carried out when providing an appropriate package of documents.

The buyer does not have the ability to cancel its decision without the consent of the Seller. This obligation is guaranteed by the Bank, which issued a letter of credit. They are also checked by the accuracy of the documentation provided by both parties. Use this method can not only legal, but also individualswhich are capable.

Buying an apartment in a mortgage

When buying an apartment in a mortgage, the money transfer method is established individually by the bank. For this reason, the buyer will have to change the bank or find new apartmentif it is not satisfied with the terms of the transaction. It is worth understanding that when choosing a bank, the method of transferring funds has also been determined, which they are accepted.

At the same time, employees of the institution will follow:

  • carrying out the transfer of money from the beginning of the transaction before it is completed;
  • transmission of funds issued by the Bank;
  • methods of transferring money, which in some cases are not controlled.

It should be found in detail how the transfer of money when buying an apartment in a mortgage.

Pledge when buying an apartment

Often the requirement of the bank is to design a pledge simultaneously with the acquisition of housing. Property is laid by the institution in an automatic order upon receipt of ownership.

In such a situation, the bank independently chooses a transmission method credit money And will control this process. The institution is not profitable to change the procedure for the procedure due to one case. For this reason, if the buyer does not all be arranged, the bank will advise the borrower to find another object of real estate.

Money transfer methods Bank

Before contacting the bank, it is worth learn how to transfer money when buying an apartment in a mortgage, and what is better to choose. There are four ways:

  • using a deposit cell;
  • letter of credit;
  • in cash before filing prepared documents for state registration;
  • way bank transfer On the personal account of the seller, which is made after the registration of the contract for the purchase and mortgage.

The transfer of money when buying an apartment in the first three cases was reviewed earlier, therefore it is worth special attention Decide the last option.

Transfer of funds to the personal account of the seller

This option provides for the transfer of borrowed money to the seller's account. In this case, the remaining amount will be transferred by the personal agreement of the buyer and the seller. For example, it is worth learn how to transfer money when buying an apartment in a mortgage in Sberbank before contacting this bank to avoid trouble.

This method contains the risk, which is that the seller trusts funds to the buyer's bank, because it will not see the entire amount before the transaction. It is possible to partial transfer of money when buying an apartment, that is, its sale for a part of the cost. However, in practice, the Bank does not receive relying funds if it is closed for the transaction period. It can be terminated if the conditions were violated, clearly prescribed in the contract.

Registration of property rights

After the transfer of money will be performed when buying an apartment, the buyer must arrange property ownership. If the transaction occurs with third parties, such as a real estate company, this procedure is their responsibility. Otherwise, it is necessary to take care to the buyer independently.

Learning how the transfer of money is happening when buying an apartment in a new building, it is worth understanding that when purchasing a procedure in the mortgage, a notary will be occupied. This is due to the absence material Profit for the bank. You can also contact the relevant companies that will help the buyer in this matter.

The article tell me how to safely pass money when making a real estate transaction. Various ways of transferring money from the buyer to the seller are considered. All the disadvantages and advantages of all methods, as well as the subtleties of this procedure, are disassembled.

The parties of the transaction agree on the ways of transferring money still when signing an agreement on a mailing and preliminary contract Purchase sale. But not always the choice of the method depends only on the desire of the parties. If the transaction is held with the participation borrowed moneyThe money will be transferred according to the regulations adopted in the credit institution, most often this is a bank cell or letter of credit.

In addition to these methods, there is another option with the transfer of funds from the buyer to the seller through specially open to this account in two stages:

  1. BEFORE The transactions lists the initial contribution (the deposit can be listed earlier, but is taken into account as part of this contribution);
  2. AFTER The registration of the transaction lists the remaining amount (credit).

If the transaction passes without the participation of the bank, it is possible to simply transmit money from hand to receipt, or through the notary. It is worth mentioning that there are credit institutions (there are not many of them at all, mortgage transactions on the stream are not supplied), where the method of transferring money is not controlled and enough will be provided to provide receipts about the transfer of funds. For all sides of the transaction, this method is associated with the biggest risks, but is the most prompt.

Transmission of money through a bank cell

How to pass money for an apartment with a bank cell?

  • The banking cell is the easiest and safest way to transfer money from the buyer to the seller, but it is not deprived of the minuses. With a mortgage, the bank cell is rented by the buyer, it will cost 1,500 - 3,000 rubles.
  • The lease agreement of the cell and the addition, which is prescribed, under what circumstances the parties receive access to the content. In the event that the transition to the transition of the right of ownership will take place - the money will take the seller if the buyer returns the funds made.
  • The minimum rental period is equal to the month if the transaction is delayed (for example, the Rosreestra organs suspend the procedure of execution due to the lack of any document), then the lease can be extended to the required number of days.
  • Transmit money through a bank cell safely, the credit institution is always equipped with the protection and cameras of video surveillance, which reduces the risk of minimum fraud. The seller may after receiving cash from the cell, without leaving the office of the bank, list them on its own expense, disappears the need for movement around the city with a large amount.

As for the presence of minuses, it is:

  1. The lease agreement does not contain an accurate amount that is laid in the cell, the seller needs to show vigilance and control this process, the cell rental involves only the safety of the content and provision of access under certain conditions, and not the calculation of the amount;
  2. It is possible to provide fake documents to gain access to the cell (but again all this is fixed with video surveillance cameras and will be regarded as fraud)

Accredit form of calculations

An alternative way to transfer money is a letter of credit. Here is all the same, only instead of cash in the safe (cell) there will be a special bank account. This method is slightly more expensive and requires more time to design. The seller will be able to access the money after providing confirming the change of the owner of documents.

How to pass money for an apartment with a letter of credit?

Money can be:

  1. Issued in cash;
  2. Translated to the seller's account.

The obvious plus of this method, in contrast to the previous one, there will be no surprises with the amounts - listing non-cash . If the transaction during the term of the letter of credit (up to 60 days) is not performed, the Bank returns to their potential buyer. The bank is responsible for recalculating and checking the bank.

Often, the sales contract shall indicate a smaller amount of sale for taxes from taxes or reducing the tax burden. With the accreditation form of calculations, all amounts should coincide and to undertake the cost of selling an apartment will not work. Therefore, this is not the most profitable option for calculations for the seller.

It will also be almost impossible to return money from a blocked account until the end of the status of the letter of credit will be almost impossible at force majeure or conflict situations.

Other ways of mutual settlements

Despite the existence of more modern ways, some transactions still occur in the form of a simple transfer from the hands of the buyer in the seller's hands immediately before the transaction in the regal.

This method has advantages:

  • everything happens fast
  • you can agree larger sumif the cost in the contract of sale and sale is underestimated
  • you can agree on a smaller amount to hide an insufficient initial contribution from the bank (a receipt is provided on the transfer of the full amount).
  • Also, the way is ideal if the deal occurs between relatives (not all banks prohibit such transactions) and the transfer of ownership is needed only to get a large loan for a low percentage.

It is due to the listed advantages for the buyer and the seller, credit banks limit the possibility of a simple uncontrolled transmission.

If there is no transmission through a cell, nor transmission through a letter of credit, money is transferred non-cash from the buyer's account to the seller's account.

  • Plus, all the actions are fixed documented, in the appointment of payment of the payment order will be spelled out, the fee on what contract is made.
  • Also, if the initial contribution consists of an advance and the remainder of the contribution, then all transfers of money from the seller's account at the expense of the buyer are fixed.
  • After registering the transaction, the loan amount is credited to the borrower's account and is listed on the seller's account. That turn can withdraw money both parts and completely.

The risk is that the initial contribution of the seller can remove from his account to the registration of the transfer of property rights, and not appear on the transaction. Optionally with fraudulent intent, a person can, for example, get sick or get into an accident.

Return your money to the failed buyer will be difficult. Therefore, it is recommended to transfer money to someone else's account immediately before the transaction, and before that time - to store on your own.

Not very popular (as the most expensive - up to 1.5% of the amount), but still possible method Money transfer is notary mediation. Here, the role of a bank cell or a letter of credit plays, as the money is made on his deposit.

So, the most popular method of calculating with the use of the bank cell is more profitable to the seller, as it makes it possible to deal with the progressive value to optimize taxes. For the buyer, this is a small, but risk, since the bank does not control the amount in the cell, but is only responsible for the safety of content and access to it on agreed and signed conditions.

With a letter of credit, on the contrary, the seller may be unprofitable to show the real amount in the sale contract, but the risks on the transmitted amount (counting, fake bills) were removed from the buyer. Other methods are used less often, as they are conjugate with essential risks for both sides and are less comfortable.

Transfer of money when selling apartments can occur in several ways, depending on the method of payment of real estate. Exist different methods Validation - the initial contribution, payment of cash or through a bank cell, cashless translation Or with a realtor.

Cash Real Estate Payment: Nuances and Features

If we consider a typical question of cash, it is worth considering a number of requirements for registration of a sale transaction. There are three options for real estate:

  1. Method number 1. Payment is made before signing the contract for the sale of the apartment and notarial reinforcement of documents. An example is the money transferred to the present owner, and the contract is not signed. Risks - the buyer may lose finance and real estate with the unfair fulfillment of obligations.
  2. Method number 2. Payment after signing contracts for sale. Example - Documents are signed, the money has not yet been transferred. In this case, the seller risks.
  3. Method number 3. Payment after signing the contract but before notarial reinforcement. When the document is signed, but does not have legal force, money transfer is made. After that, the contract is assigned by a lawyer who must be present on the transaction. In terms of insurance, witnesses whose data are indicated in the contract.

Money authentication

All bills must be tested for authenticity. This is necessary to take care of the seller in advance, this is his direct duty. Otherwise, after acceptance of payment, no one is responsible for the authenticity of the bill.

For independent check can:

  • contact a notarial office - they have a detector;
  • buy detector yourself;
  • take a detector from an intermediary;
  • check authenticity in the bank (additional payment will be required).

After the seller was convinced of the authenticity of the money, the parties sign the contract, or by signing it on the eve, there is a transfer of documents and keys from the apartment to the new owner.

Also for cash, you can buy an apartment through the bank. In this case, all contracts are compiled exclusively in the bank. At employees, an agreement is signed on the transfer of the owner's rights, then there is a calculation. Additional reasons do not require documents, checking money is carried out at the request of the seller. If only the money check is carried out in the bank, and the purchase of an apartment and signing documents - in the office, then the seller, together with the buyer, must first:

  1. draw up contracts in the notary;
  2. then go to the bank for transferring money;
  3. without money, return to the office for signing papers;
  4. paper sealed with money in envelopes are sent to the bank check;
  5. the parties expect verification, after which they come to the bank;
  6. then the transfer of property rights is carried out.

This method is too complicated and risky - it is unlikely that the seller and the buyer will want to go several times with a large amount of money in the city (or beyond its limits).

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Cashless payment - Iron warranties or cons and risks?

With cashless calculation, real estate payment is carried out only in national currency from the buyer's account. He can have several accounts in different banks or cities. The write-off of funds between correspondents of one bank is cheaper if the accounts are open in different banks, the commission pays the buyer.

The bank acts as an intermediary. Between the parties is a tripartite contract - third party is itself financial institution. According to the contract drawn up, money is written off from the buyer's account and are transferred to the seller's account after providing all signed and certified documents. Risks in this case are excluded.

If for some reason the seller refuses to pay for the transaction, the bank annuls the operation, and the contract is invalid. This will avoid force majeure in the seller.

The seller should also provide the bank at the time of payment of an extract from the apartment. Thus, the rights of the buyer are protected. Otherwise, the Bank is not responsible for further actions with real estate. The buyer may refuse to pay for real estate, if there is no such references, but can make a payment and risk.

Possible risks for the seller and buyer

If the transaction "breaks down" on the eve of payment for inexplicably reasons after signing contracts, the buyer can return money from his account through the court, providing explanations and arguments, why such a situation occurred. The court may regard the circumstance as a possible asphar. It should also be understood that working with the bank, both parties will be forced to pay extra costs.

There are risks for both parties - if the bank suddenly declares itself bankrupt, then the money on the buyer's account will be frozen until the financial institution decides the problem. At best, as practice shows, money can be obtained back only a few years later.

The most common way to transfer money when selling apartments. The buyer breaks up with his money after signing contracts. The bank checks finances for compliance with the claimed amount by the seller. While the documents are not signed, all the money will be stored on the buyer's cell. As soon as the documents received by the Buyer, the Bank on the notification of both parties translates the amount on the cell or the seller's account. It has already independently checks the authenticity of the bill after the entry into force of the contract.

If the transaction did not take place, the buyer has the right to pick up the entire amount of money from his cell, despite the will of the seller. In this case, none of the parties are obliged to report, why the transaction "broke down". The bank acts as an independent official intermediary.

Sale of real estate with a letter of credit

The operation is similar to the one that is carried out through the bank cell, but in this case all expenses are reflected only before the participants of the bank. That is, the buyer lists the amount of money to the seller, then the contract is signed. If the transaction is transferred, the seller cannot withdraw money, they are blocked on the account until the contract is canceled. If the seller is not able to get and check the money, and the buyer is ready to wait, the money remains on the account of the buyer blocked.

As soon as, by decision of the contract, the buyer becomes the owner of the housing, the seller receives money. Real estate certificate must be provided to the bank to defrost the account and transfer amount.

Real estate payment upon the request of the collateral

With the demand of the collateral from the seller's bank, the buyer is obliged to use such ways to transfer money as:

  • letter of credit seller;
  • buyer cell with money transfer only to the seller's account.

The deposit must be decorated on the day of the design of all documents and the purchase of an apartment. That is, the buyer leaves a deposit and makes the amount of money, and in return gets an apartment. As soon as the buyer becomes the owner, the apartment falls into the list of bank debts until the entire amount of money is transferred to the seller. The bank will track the deposits of the buyer, as well as the seller's account for the presence of replenishment.

Risk to sell an apartment for not complete value Using collateral - minimal. But there is a nuance - the way to receive money the seller chooses himself.

Buyer who is dissatisfied with the proposed payment options, can find a different apartment for purchase. The bank has no right to change payment methods to which the seller agrees.

Primary and secondary real estate sale

All of the above-described real estate payment methods are suitable for buying an apartment of the secondary market. If the buyer wants to purchase real estate from the developer ( legal entity) then all financial operations and transactions are held through the company or bank.

  1. If the apartment is bought in installments - the buyer can partially contribute to the company's account in one of the agencies or cash desks. The remaining calculations are made through the bank account of the company.
  2. If the apartment is bought for the full cost - all the money is listed non-cash payments, but already at the special account of the agency that signs the contract with the buyer. The developer then receives his share of real estate.

Since 2017, another way of paying apartments in new buildings is provided - through Eskrow's bills that protect the equity contributions of all participants in the transaction. If the house is not commissioned, the construction is frozen, now the future tenants will be able to get their savings back without loss.

In general, all transactions on the primary market are made through cashless payments, on secondary - cash, but alternative options are allowed due to the safety and safety of all operations.

Real estate transactions require careful documentary. But it is equally important to consider the payment order. What ways in 2019 can you pass money when selling apartments?

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People have become accustomed to the sale of real estate should be right treaty Purchase. Its content is thought out in detail, each nuance is taken into account.

But when it comes to transaction calculations, most of the situations are standard. Money is given before or after the conclusion of the contract. And it is this moment that may be the most significant problem.

How is the process of transferring money when selling apartments in 2019 and how not to encounter fraud?

Total moments

Transfer of money when selling apartments and choosing a calculation option depend on the type of market, on which the transaction is happening.

When the apartment is being implemented on the primary market, the participation in the transaction is taken by the Fisseltico in the person of the buyer and the Jurlso, represented by the developer.

The procedure for making calculations is determined by the developer. The money from the buyer's account is translated on the basis of the account exposed by the Developer, in accordance with the terms of the contract.

If the purchase of an apartment is carried out through participation in, the alternative version provided for by law from 2019 is used.

Protection of money distributions is provided by translating funds through ESCRO accounts.

That is, a non-cash form of calculations is applied, but money goes to a special bank account, and not directly to the developer.

It is much more complicated by the situation with a secondary payment. Here somehow more accounted for cash payments.

In fact, the buyer can transfer the "suitcase of money" to the seller, and the last one can also argue that there was no transmission.

Risks are large enough. They increase with the participation of several sellers in the transaction when the transmitted funds are immediately distributed between them.

Risks exist for resellers. For example, an agreement has been reached on obtaining money after signing and transferring an apartment.

And the seller has fulfilled its obligation, and there is no money. Of course, he has the right to terminate the contract, but this does not mean that the apartment will be returned.

To return the property, you will need to go to court and spend a lot of time on litigation.

How to solve the issue with payment for real estate correctly and how to carry out money when buying / selling apartments?

Basic concepts

The sale of the apartment involves the transfer of ownership of the terms of the concluded agreement. This agreement includes quite a few sections.

Their total range depends only on the wishes of the parties. But in any agreement should be the price point.

The contract price is the amount in which the apartment is estimated by the seller and what it intends to get from the buyer in exchange for the transferred ownership.

The cash transmission point includes:

  • date of transfer of funds;
  • transmission or enumeration method;
  • other significant moments.

Participants of the transaction have the right to independently choose the payment option and set the moment of transferring funds.

At the same time, a person who speaks as a seller has the right to receive payment for an apartment. This is the owner of an apartment or his legal representative.

Procedure for concluding a deal

Conditionally, the sale of apartments can be divided into five stages:

As for the transfer of money for the apartment, it is logical to assume that the money amount should exchange for the right of ownership. And here it is the main problem.

If the buyer gives money to receiving an apartment, then in the future there may be difficulty with the actual one.

You can wait for months when the owner will free housing. When the seller will give an apartment together with the right of ownership of it before receiving money, that is, the risk and not at all receive payment.

And cases where one of the parties will receive due to the transaction and subsequently refuses to recognize this fact, also not uncommon.

Thus, the correct procedure for transferring money when selling apartments is important for both sides of the alienation of the apartment. And here the participants have several options.

Existing standards

The procedure for selling real estate is regulated. So it is called "buying and selling". In §7 of this chapter the sale of real estate.

Each separate article of the paragraph affects certain points of the transaction - the contract, its form, state registration, the definition of the subject and so on.

It is worth noting that we should not transfer money to registration of ownership. Often, fraudsters enjoy just such a scheme when they take money to appeal to Rosreestr.

In the process of registration, sometimes nuances are revealed, not allowing to register the right of ownership (for example, the seller is not authorized for the transaction).

But it is not always possible to return the money already transmitted. And in the absence of appropriate evidence, it is impossible to prove that the money is transmitted.

On the other hand, the seller does not want to risk. He wants to get confidence that he really will receive money for the apartment. How is the transfer of money in transactions between individuals?

Most often money is transmitted in cash. And often as evidence of the fact of receiving the means is used.

This is a fairly well-known tool and, of course, he takes place. BUT B. modern world There are more secure ways to transfer money to the seller.

Making calculation

In transactions with secondary real estate, there are three most secure ways to transfer money. It:

  • bank cell;
  • attracting a notary;
  • letterred.

The cell is used when transmitting cash. The notary can help in carrying out calculations, both in cash and on non-cash. The letter of credit suggests exclusively non-cash payment.

Each of the listed ways has its advantages. But at the same time it is necessary to know the subtleties of the use of each method.

If you correctly apply the selected option, then the likely risks associated with the transfer of money are reduced to almost zero.

Through a bank cell

Rent a safe in a bank in lately More and more gains popularity when calculating the real estate market. The bank cell is called safe in a special bank storage (depository).

The Bank transmits such a safe for rent for a period of any duration in order to maintain values. In this case, the bank is not checked, which will be saved in the cell.

The main banking task is to ensure the security of the safe and control access to it. Due to this, the transfer of money through the bank is carried out in a strictly confidential manner.

Buyer becomes tenant. It lays the amount intended for the seller to be sent.

The latter get money can only according to the terms of the supplementary agreement concluded between the seller, the buyer and the bank.

In the agreement, the conditions of access to the cell are prescribed - a specific period and documents that the seller must provide.

The essence of this method is that the seller documented the fact a specific buyer.

In return, he gets the opportunity to extract money from cell. If in deadlines The seller did not appear, the buyer can pick up the money itself.

With such calculations, the cash is recalculated and is checked in a bank when they lay them in the safe, in the presence of the seller.

At the same time, the key from the safe can remain from the buyer before receiving funds after the State Registration or immediately transferred to the Seller.

Important! Agreement can provide a condition for joint access, regardless of other conditions. For example, the parties abandoned the transaction.

In order not to expect the expiration of the prescribed period, the participants of the alleged transaction can jointly open the safe, and the buyer will take his money back.

For cash

Cash transmission can be carried out without attracting a bank. For example, the buyer transmits funds, and in return receives a receipt.

This becomes proof of the fact of transfer of funds and, if necessary, such a document can be used even in court proceedings.

But at the same time make a receipt required correctly. It writes its seller, preferably completely from hand, without blots and stalking, and then assures his signature corresponding to the passport pattern.

Safe cash transmission is ensured by attracting a non-notary deposit. Money is placed on a special notary account before the transaction.

After registration by the buyer, the money is transferred to the seller.

Conditions for receiving money are also negotiated in the Agreement, as in the case of a bank cell. The notary deposit can be applied in cashflow calculations.

Other options

Among other options you need to mention the letter of credit. This is a bank service, more precisely, the obligation to implement the payment of the payment from the account in favor of the specified recipient on the fact of presenting a certain list of documents.

In general, the scheme is the same as the bank cell. The difference is that the non-cash form of calculations is used.

The letter of credit can have a different expression, but when selling apartments, covered with an irrevocable letter of credit is often used.

Under the covered it is understood that the bank of the buyer (bank-issuer) really translates the monetary sum to the bank of the seller (bank executor).

Refrevious suggests that the Issuer Bank cannot withdraw money back without good reason.

Transmission scheme

How is the transfer of money from the buyer to the seller? The scheme of money transmission when selling apartments is entirely dependent on the method selected by the parties:

Cash from hand to hand buyer transmits money to the seller;
The seller recalculates the resulting amount (it is desirable checks on authenticity) and writes a receipt in receipt;
Display is transmitted to the buyer
Cash through a bank cell the parties of the transaction make up an agreement with transmission conditions and access;
In the presence of all participants, money is checked, recalculated and laid into a cell;
After fulfilling its obligations, the Seller makes agreed documents and receives money
Through the NOTARIUS deposit an additional agreement is drawn up to the agreement on the conditions for receiving money;
Money is credited to the notary account (cash or invoice);
The seller complies with the terms of the agreement and presents the necessary evidence;
Notary gives cash or translates money to the seller's account
Through a letter of credit the buyer concludes a letter of credit agreement with the bank-issuer;
the necessary documents are issued (about the conditions of payment, confirming documents and other);
Money is transferred to the executive bank (seller bank);
The seller fulfills obligations (transfers apartment);
The buyer registers ownership;
The seller turns to his bank for receiving funds

At what moment happens

The apartment is always prescribed a moment when money is always prescribed. As a rule, it is envisaged in paragraph about the "settlement procedures".

Theoretically, the parties can independently establish the time of transfer of funds. So when transferring money to cash, the calculation can be carried out:

Before signing the contract and state registration of ownership In this case, the situation is formed, with what an agreement is not signed, and the money is transmitted. As a result, money and the rights to property belong to one person. Created significant risk for the buyer
After signing the contract and the State Registration of the Right Here circumstances are addressed to the opposite. And the money and the right to the apartment are at the buyer. Significantly at the same time the seller risks
After signing the contract on the day of the transaction, but before the State Registration of Law The seller reserves the rights to the apartment before the transfer of the transfer of ownership. Of course, the buyer retains the risk. But at the same time he has evidence in the form of a concluded agreement and receipt. If necessary, you can attract witnesses

And yet, in whatever time cash when selling apartments is not transmitted, the operation remains risky. Another thing is when a bank safe is used, a notary deposit or letter of credit.

Video: 7 Errors when transferring money for an apartment

In this case, the moment the moment is not principled. Money on saving can be put absolutely at any time. All the same, the seller will receive them only after performing in advance agreed conditions.

Possible additional expenses

If there are so many safe ways to transfer money when buying and selling, then the question arises reasonably about why cash payments from hand to hand still have not been outreth.

It is explained by this desire to avoid additional expenses. Any of the listed secure money transmission methods are as follows by default.

In the case of using a bank cell, you will need to pay for the rental of the safe. In this case, the amount of rent depends on the storage period, and on the size of the cell (summation limit).

The cost of the lease of the cell varies within 1-3 thousand rubles per month. In addition, 2-5 thousand rubles will be required to pay for the execution of an additional agreement.

It may also be charged from the client an insurance fee for a cell and a deposit for the key from it in case of loss. When using the notary deposit, about 1,500 rubles will be required.

But this is provided that the service is provided as an additional basis in the notary of the contract of sale.

But at the same time it is necessary to take into account that the banks are charged for the transfer of funds from the account to the account. In this case, it turns out that the Commission is charged twice.

In addition, the Commission is additionally in advance when cash out. When the letter of credit is applied, the cost banking service increases.

The number of related expenses increases - the opening of the account by the buyer and the seller, the commission for translating between banks, the Commission for the cashing of funds.

In addition, the letter of credit provides not so many banks, and due to its rare use, many banks simply lack its skill of its use.


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