When selling real estate, it is important to do everything correctly to avoid trouble. Bank cells are as used to reduce risks in this matter. The rental agreement of the safe concludes the buyer, it also makes money there. And the seller gets access to the cell in the event of a successful re-registration of the apartment.
Apartments for sale - often the transaction is not one million rubles. And it is important to do everything from a legal point of view correctly, so as not to get to the bait by fraudsters who have gone for money.
The contract participates two sides - the buyer and the seller. There may be intermediaries: banks, realtors, lawyers. Individuals are commonly used by a bank cell in real estate calculations. It is rented in any bank at the stage, when all agreements are reached between the buyer and the seller and signed an agreement.
Briefly about the procedure for selling an apartment
In independence, whether the realtor services are used or not, the sale of the apartment includes the following steps:
- preparation for sale (bringing an apartment to the appropriate, appointment of value);
- real estate for sale;
- search for the buyer, conducting inspections, achievement of agreements (final price, taking into account bargaining, timing of the transaction, transfer of property rights, etc. Conditions);
- preparation of the contract and other documents, checking the buyer of the cleanliness of the apartment independently or with the help of other specialists (lawyer, realtor, etc.);
- signing a contract;
- conducting the calculations and registration of real estate in Rosreestra (when using the safe, the steps are combined).
The banking cell is used at the settlement stage between the buyer and the seller. She is N. required condition Transactions. Sell \u200b\u200ban apartment can be without it.
Most often calculations through bank cell Pass between individuals, if the buyer wants to pay in cash.
Why do you need a bank cell?
- This is a guarantee of the safety of the property. When selling apartments through a banking risks of the seller are reduced.
- This is a manifestation due diligence When carrying out a deal. Caution is never superfluous.
- This is insurance risks. Including risks from the unscrupulousness of the buyer.
- This is a guarantee against recognition of the transaction invalid after the calculation.
- This guarantee of registration of real estate in Rosreestre is properly and the property will fully go to the new owner.
- This reduction of risks to get on the bait fraudsters. They try to bypass settlements through banks.
- This is a protection against cancellation by halfway.
For the seller, the bank cell is a guarantee that in any case will receive payment if the registration of real estate has been successful. And if not, the buyer will calmly return the whole amount.
Procedure for lease and sale scheme of an apartment through a bank cell
It is first important to choose a bank. Credit organizations differ in prices. Maximum and maximum rental deadlines can be installed. There are also restrictions on the list of objects that can be put in safe. Money includes the allowed list.
Below are described the actions that must be made.
Step 1. Selection of the Bank, conclusion of the contract
It is required to come to the separation with the seller, enter into a contract and enter the seller on the list of trusted persons to access the cell. The cost of rent depends on the term. Banks, as a rule, install a fee for one calendar day. To conclude an agreement should be no less than a month. On average, the rental prices amount to 30 rubles per day. It will also be necessary to make a deposit. This is in case the key will lose or have to slow the lease. At the end of the contract, the deposit is returned.
But the conditions differ everywhere. Thus, the price of renting a bank cell in Sberbank when buying an apartment in the Kurgan branch ranges from 24 rubles / day (under a period of up to 30 days). Plegus is not. And in Yekaterinburg - from 50 rubles / day will cost safe with similar parameters.
Who will pay for rent, values \u200b\u200bdoes not have. The amount of rental of a bank cell is insignificant compared to the amount of the transaction. But the contract is on the seller. And he is obliged to indicate in this contract the conditions for access to the safe.
The buyer has the right to specify any documents. But it is important that this does not delay the process and made it possible to receive money by the seller. The best decision - To present a sales contract with a mark on the transfer of property rights. In this case, the seller and the buyer act independently of each other and all turn out to be protected.
It is important here to understand that the bank is not a participant in the purchase / sale process of the apartment. It only provides rental services. Its responsibilities are not included checking the cleanliness of the transaction, recalculate money, check the authenticity of bills and so on. But you can ask for bank employees in terms of the banking staff. This is done at the checkout and under the cameras.
Step 2. Making money
When concluding an agreement on a bank cell, a key is issued, which is from the buyer. On the same day, both sides follow in the repository, and the buyer under the control of the seller lays money into a safe of bills to recalculate and make sure that the amount is correct.
A 100% apartment cost is laid in the cell for a minus an advance if he had a place to be. There may also be a deposit. After leaving the key store (it is issued in a single instance) is transmitted to the seller. He will be obliged to come with him after registering the deal.
Step 3. Registration of real estate transaction
At this stage, the seller must register purchase and sale transaction. This is his duty as the owner of the premises. Real estate will not be considered sold and without a relevant document, which confirms it, it will not receive access to the cell (the document is indicated by the Seller).
Step 4. Final Calculation
Here are two options:
- the seller registers the transaction and gets access to the cell from which the money takes;
- the transaction is not registered and the buyer returns to the bank for its money.
Everything! At this stage, the transaction is either performed or canceled.
A bank cell rental service for real estate transactions is popular and many banks for such clients establish their conditions. So, for example, the Sberbank Bank does not charge for rent a buyer within 7 days after the end of the contract, if the transaction has not taken place.
Thus, calculations occur when selling apartments through a bank cell. This mechanism is debugged and used by many realtors. It allows you to protect both the seller, and the buyer both from fraudulent actions and the fact that one of the sides will change their mind after signing the contract.
- jewels, cash, securities,
- documents (for property, on education, business paper and etc.)
- family values, state awards, personal correspondence,
- much more *
* In individual banking safes, it is forbidden to store explosives, flammable, toxic, radioactive, narcotic and other substances that can adversely affect the person and environment, firearms, ammunition and property seized from civil turnover in accordance with the legislation Russian Federation.
Advantages of individual Sberbank safes
Convenience:
- wide network of bank divisions providing a service for renting a safe;
- ability to use the safe in the days of the bank's work. Access to safe is carried out 30 minutes after the start of the office and ends 30 minutes before the end of the office;
- the possibility of providing the right to use the safe to a trusted person;
- the possibility of providing admission to the safe of third parties together with you or with your trustee;
- provision of equipment for recalculation and authentication of money;
- the ability to choose a lease term: from 1 day to up to 3 years (with the possibility of extension);
- the ability to choose a safe size: width from 31 to 62 cm, height from 4 to 60 cm.
- the ability to use an internal container in which you will be convenient to store values \u200b\u200band documents (depends on the design of the safe).
Security and reliability:
- the complete confidentiality of investments in the safe - information about the contents of the leased safe is only you;
- the storages are equipped with modern banking equipment, security system and fire alarm means;
- you make the opening of the safe together with a bank employee (a bank employee performs an unlocking of the safe using an electronic access control system or uses a mechanical key);
- key from the rented individual bank safe you keep.
Economy:
- reduced tariffs when lease of safes for long terms;
- lack of collateral for the key;
- for owners of the Sberbank Premier service package, a special discount is provided 20%
- For owners of the Sberbank First Service Package Special Discount - 30%
Muscovites and guests of the capital to rent individual bank safes are invited by more than 190 offices of the Bank of Moscow. You can also rent an individual safe at your place of stay on vacation or business trip. You can get information about the warehouse of customer values \u200b\u200band tariffs for the service in various regions of the Russian Federation on sites of territorial banks of Sberbank of Russia.
The service can take advantage of individuals. The provision of services is issued by the lease agreement, which stipulates the rental period, the size of the rent, the rights and obligations of the parties.
To conclude a lease agreement for an individual safe, you will need a document certifying personality (passport of a citizen of the Russian Federation, the general foreign passport (for persons permanently residing outside the Russian Federation), certificate of the personality of the Russian Federation (for officers, ensigns and Michmanov), a residence permit (for stateless persons permanently residing in the territory of the Russian Federation), etc.). If there is no registration mark in the document, a document confirming your registration at the place of residence in the Russian Federation.
If you are a citizen of another state, the submitted document should contain an entry visa (except for cases providing for visa-free entry into the Russian Federation). It is also necessary to have a migration card and a document confirming your registration at the place of residence in the Russian Federation.
The term of renting a safe is installed at your request (from one day to three years). Extend the rental period of the safe you can, concluding an additional agreement with the bank.
The rental fee is calculated on the tariffs established by the Bank. For you designed comfortable system tariffs that:
- lease agreements;
- cards for the right to use safe.
You also get a key from a rented safe for self-storage and use, a deposit for which Sberbank is not taken.
Becoming our tenant, you can visit the customer value repository during the repository hours, presenting the key, the card for the right to use the safe and document certifying the person (the details of which are specified in the rental contract of an individual safe).
You can make a fee for rent in cash, by writing off the funds from your contribution in this branch of the bank or by writing off the funds from the account bank cardEstimated by Sberbank, while the rent is made at a time for the entire lease.
The service is provided by the majority of territorial banks. The exception is Baikal and Northern Territorial Banks.
The automated warehouse of customer values \u200b\u200bconsists of individual safes enclosed in the armored case and equipped with a mechanism for automatically feeding the safe to the client window to the client terminal window. The repository is installed in an isolated room, the access to which you get using an individual magnetic card. Calling a leased safe is carried out by entering your individual PIN code. The automated repository safe opens with the key.
Property storage safety in the automated customer value repository is provided by:
- the device eliminates the access of the client or its confidant to the rest of the individual safes;
- the call time of each safe and the caller code is registered electronic system Access control;
- it is possible to change the PIN code according to your desire.
The provision of services is issued by the contract for the rental of an individual safe, which stipulates the rental period, the size of the rent, the rights and obligations of the parties.
To conclude a lease agreement, you will need a document certifying the personality (a passport of a citizen of the Russian Federation with a marking on registration or the general passport). If you are a citizen of another state, the submitted document should contain an entry visa (except for cases providing for visa-free entry into the Russian Federation). You must also have a migration card with you.
The term of renting the safe is installed at your request (from one day to three years) and can be extended. The rental fee is calculated on the tariffs established by the Bank. For you a convenient tariff system has been developed, which:
- differentiated depending on the sizes of safes;
- decrease depending on the increase in the lease term;
- let me rent a safe at a time convenient for you.
Placing the rental of an individual safe, you get a package of documents consisting of:
- lease agreements;
When making an acceptance act, you will receive a key and individual magnetic card for self-storage and use, a deposit for which Sberbank is not taken.
You can pay for rent in cash, by writing off the funds from your available contribution in this branch of the bank or by writing off the funds from the bank card account issued by Sberbank, while the rent is made at a time for the entire lease.
When granting an individual safe in a joint lease, all customers specified in the lease agreement (and they can be up to 4 persons), have equal rights in terms of using an individual safe.
During the entire period of lease, customers are allowed to safely be allowed in any composition at their discretion (1, 2, 3 or 4 people at the same time).
The collaborative lease agreement lies in the presence of all tenants. If necessary, a joint lease agreement can be enclosed by one or more clients on behalf of other clients on the basis of a notarial power of attorney issued for the right to conclude and / or prolong the contract.
Registration of attorance for admission to individual safeleased under the joint lease agreement, any other persons are not provided.
You can extend the rental period of an individual safe, concluding a corresponding additional agreement with the bank.
Based on the wishes of customers who raised the convenience of settlements through an individual safe of sale transactions real Estate, Sberbank of Russia has developed a service for providing an individual safe individuals To make settlements on the sale and sale of other property.
If you wish, to carry out calculations through the safe you make a contract for the lease of an individual safe with the bank, in which the rental period is negotiated, the conditions for access to the safe, as well as the rights and obligations of the parties. To conclude a lease agreement, you need to submit an identity document (with a marking on registration).
The term of renting the safe is installed at your request (from one day to three years) and can be extended. In accordance with the Tariffs of the Bank when renting a safe for settlements, you pay the cost of renting an individual safe (depending on the size of your chosen safe and lease term) and ensuring control over admission to an individual safe in accordance with the terms of the contract. If you desire, you will provide banking equipment for an additional fee to recalculate and verify the authenticity of monetary signs.
The fee is made at the same time by agreement by one of the participants of the cash transaction in cash bank, by writing off funds from the contribution open at the Bank's branch, in the warehouse of which you chose an individual safe or by writing off the funds from the bank card issued by Sberbank.
- lease agreements;
- act of acceptance and transfer to the use of an individual safe.
When making an act of acceptance and transfer, the customer - the buyer, who installed the calculation to the safe, will receive the key to the rented safe for self-storage. For each participant in the calculation, a separate card for the right to use the individual safe is drawn up.
- clients - buyer and seller - can visit the safe together;
- the seller is allowed to an individual safe in the presence of a key from the safe and upon presentation of documents specified in the lease agreement;
- if the transaction did not take place, the buyer can pick up the calculation means for seven working days, starting from the day following the last day of rent, without additional payment of the specified period.
Get information about the service.
The service is provided to participants with real estate transaction - buyer (s) and seller (AM) (up to 2 persons on each side). At the same time, the participants of the transaction can be both physical and legal entities.
The provision of services is issued by the Rental Treaty of an individual safe, which negates the lease term, the size of the service fee, the conditions for the admission of customers to the safe, as well as the rights and obligations of the parties.
To conclude a lease agreement each of the clients represents required documentsspecified in the section "Providing individual safes to individuals", "Providing for rent individual safes to legal entities", respectively.
The term of renting the safe is installed at your request (from one day to three years) and can be extended. In accordance with the Tariffs of the Bank, when renting a safe for settlements on real estate transactions, you pay for the cost of renting a safe (which depends on the size of your chosen safe and rental period) and the cost of providing services to ensure the admission of admission to the safe.
At your request, the technique can be provided to recalculate and verify the authenticity of money signs.
The fee for services is made by agreement by one of the participants of the transaction: an individual makes a cash fee in cash bank, by writing off funds from the contribution available in this branch of Sberbank of Russia or by writing off funds from a bank card issued by Sberbank; entity Paying for the service by non-cash, with the reservation of the safe (with the terms of the reservation you can find in the section "Providing for rent individual safes to legal entities").
Placing the rental of an individual safe, each participant of the transaction will receive a package of documents consisting of:
- lease agreements;
- act of acceptance and transfer to the use of an individual safe.
When making an act of acceptance and transmission, one of the buyers (by agreement) will receive the key to the leased safe for independent storage.
In order to ensure the reliability of settlements, the following procedure for visiting by customers of the leased safe is provided:
- During the lease period, all customers specified in the rental agreement can attend the safe together.
- The seller is allowed to safely after presenting them the original contract of sale on the alienation in favor of the buyer of the property with a mark of state registration Transition of ownership of this object (or upon presentation of the original contract of sale on the alienation in favor of the buyer of real estate and discharge from the Unified State Register of Real Estate (EGRN) on the object of real estate). At the same time, the bank checks the compliance of the information about the seller and the buyer specified in the lease agreement, the information set out in the submitted documents.
- In the case of a failed deal, the buyer will be able to pick up the calculation means for seven working days, starting from the day following the last day of rent, without additional payment of the specified period.
- If there are several sellers or customers of the property of the real estate, including the presence of all these sellers and / or buyers (depending on the tolerance phase), as well as their mention of the purchase and sale of real estate, is obligatory.
Any seller or buyer can allow the admission to the safe of a trusted person in the framework of the current lease agreement, as described in detail in the sections "Providing individual safes to individuals", "Providing for rent individual safes to legal entities", respectively.
We also draw your attention to the fact that Sberbank provides a rental service for individual safes for settlements for real estate transactions produced using credit funds bank.
As an alternative banking tool, without the use of cash money, for calculations on any contractual transaction we offer to take advantage of the letter of credit.Get information about the service.
If you wish to visit the rented safe, accompanied by partners, customers, relatives (no more than 2 people), you can issue an additional agreement on admission to the individual safe of the expanded circle of persons. At the same time, any data on third parties are not specified in the Additional Agreement. Thus, you can change the persons accompanying you at your discretion.
The right to visit the rented safe accompanied by third parties you can provide your trusted person. To do this, you need an additional fee for an additional fee in an additional agreement, these trusted persons, as well as to issue a power of attorney in accordance with the requirements of the section "Providing individual safes to individuals".
During the period of the additional agreement, admission to the leased safe, together with you or your trustee, receive persons who submitted identity documents (no more than 2 people).
The service for the admission of an expanded circle of persons does not appear when concluding an agreement for lease of an individual safe in an automated repository, as well as at the conclusion of an agreement for the implementation of settlements between clients, incl. According to real estate transactions.
For clarification of the possibility of using the service - admission to the leased individual safe of an expanded circle of persons, please contact the chosen division of Sberbank of Russia of Moscow, providing services for renting individual safes.
What must be in power of attorney for renting a safe?
Private clients I. individual entrepreneurs Can make power of attorney at the notary. Legal entities draw up power of attorney according to the rules established by the Civil Code of the Russian Federation.
At the power of attorney, including the General, must be the name and address of the Bank's office, which is rented safe, the safe number, as well as the powers that the representative of the tenant is given. If the power of attorney is issued to conclude a contract, the name and address of the bank's office, the safe number may not be indicated.
What powers can be transmitted by proxy?
The tenant can transfer the authority to his representative:
Implementation of all rights and obligations arising from the contract;
One-time and repeated access to the safe;
Inspection of the safe, investment and seizure of items during the term of the contract;
Concluding a lease agreement and additional agreements, including the extension of the lease term, rental, to admit to the safe of an expanded circle of individuals, replacing the safe;
On the actions to restore the safety of the safe, for example: making fees for restoring the safety of the safe, submitting an application for damage or loss of the key, etc.;
Completion of the rental of the safe, including the return of the key from the safe, making the rent and other payments in the event of a late completion of the lease, as well as obtaining a part of the rent at early termination contracts;
Other powers.
In what cases can the bank refuse to access the safe?
The representative will not have access to the safe until the end of the testing of the power of attorney by Sberbank. Check takes up to 2 business days, not counting the day of the presentation of the power of attorney. Until the end of the power of attorney, the Bank may refuse access to the safe:
If the powers of the representative of the tenant are not issued in accordance with the requirements specified in the lease agreement;
If there is information on the termination of the power of attorney, or the signs of its fake, obstacles, non-revision corrections were found;
If the property of the representative when renting a safe is not specified at the disposal of the property.
How to make a power of attorney to those who live abroad?
Power of attorney of Russian citizens, foreign citizens And stateless persons living abroad can be certified by the authorized bodies of the country of residence (followed by legalization at the Consular Institution of the Russian Federation, unless otherwise provided by international treaties that abolish the consular legalization), or consular agencies of the Russian Federation.
A power of attorney may be legalized at the consular office of the Russian Federation in the territory of the state where it is issued, or directly in the Russian Federation.
What countries do not need to legalize power of attorney at the consulate of the Russian Federation?
No need to legalize power of attorney at the consulate of the Russian Federation, if you have issued it in the countries participating in the Hague Convention or the Minsk Convention. For the countries participating in the Hague Convention, the power of attorney must contain a special certificate inscription (apostille).
Does the translation need for power of attorney in a foreign language?
For power of attorney in a foreign language, we need a translation into Russian, including names officialsSigning the document and print printing (if available). The translation should be located on one page with the text of the power of attorney, separated by a vertical feature, or on a separate sheet. The translation should be certified by the signature of the translator.
To get a tolerance of a safe in a bank, the tenant's heirs must bring a document from a notary document to the bank with confirmation of hereditary right (certificate of the right to inheritance by law or testament).
Before issuing such a document, the following procedure is provided:
- The notary sends a request for the opening of the safe to the bank to compile inventory property in its presence.
- The bank appoints the date of opening of the safe and collects the Commission. At the agreed date, the Bank's commission opens a safe in the presence of a notary and invited experts, appraisers, witnesses, heirs.
- According to the results of the discovery, the notary is made up inventions of objects in the safe. In the future, on the basis of this inventory, the heirs are issued a document confirming the hereditary law and the share of inheritance.
- The notary determines the procedure for further storage of investment items.
Options:
Items can be transferred to storage of notary or other persons who will determine the notary;
If the rental period of the safe has not ended, items can be placed back to the safe deposit. In this case, the renewal of the lease agreement for heirs is not produced, and the lease term is not extended. The bank warns the notary and stakeholders about the end of the rental.
- To obtain investment items, all heirs must simultaneously contact the bank and present a document from a notary confirming the hereditary right. If several heirs are specified in the document, access to the safe is provided simultaneously to all the heirs mentioned in the document, or their representatives.
Real estate transactions are always operating with multimillion sums. And in the real estate market there are a lot of fraudsters, scammers and others "unclean on the hand" of people.
Dear readers! The article talks about typical ways to solve legal issuesBut every case is individual. If you want to know how solve your problem - Contact a consultant:
Applications and calls are accepted around the clock and seven days a week..
It is fast i. IS FREE!
To the issue of security of settlements, it is impossible to treat irresponsible - after all, it will depend on it, will another victim be completed in the piggy bank of the victims of the next deceivers?
At what moment happens
One of the main issues in real estate transactions is the time when cash is transmitted on one side to another. Money can be transferred both before making a deal in Rosreestre and after, however, there are nuances here.
So, for the seller, the most acceptable is the option when the buyer pays a sales price even before the apartment will change his owner.
In addition, the seller insures it from risks to be deceived. After all, after changing the owner, it is possible to conduct a "reverse" procedure only through the court - when recognizing the transaction is invalid.
If the buyer looks like a conscientious, the moment of transfer of funds does not play, in fact, no role. Of course, there is a chance that after receiving funds, the seller will refuse to continue the transaction. Fortunately, such cases are few.
Thus, you can make two small outputs:
- it is desirable that the transfer of money is carried out after the signing of the DCT, but before the State Registration of the right of ownership;
- if the buyer in every way evade payment to the state registration of ownership, there is a risk that this is a fraudster who simply is not going to give money.
rules
The rules for transferring funds for the apartment depend on the market on which the residential object is acquired, as well as on some other conditions:
- If the transaction occurs on the primary real estate market, the parties are the buyer and the developer (physical and legal person, respectively). Typically, calculations in this case are carried out by non-cash, but cash can be carried out through the developer's cashier. The method of transferring funds chooses the developer, and the buyer only in rare cases may affect it.
- For DDU (contracts participationSince 2019, the legislation provides an alternative calculation scheme - through ESCRO accounts. In the case presented, money is also translated by cashless paymentBut no longer directly developer, but for a special settlement account.
- If the transaction is carried out on the secondary, it is generally accepted in cash, but this is the least secure method.
To complete the successful deal without risk to remain deceived, it is better to use secure calculation methods, for example:
- through a safe cell in the bank;
- letter of credit;
- through a notary deposit.
How is the transfer of money when selling apartments
Consider what methods exist, and which of them are the most acceptable and secure transactions for both sides.
Through a bank cell
The most popular method of transfer of funds for the purchase is cash, but without direct transmission of money "in the hands" to the seller, and with the help of a special cell in the bank.
The rental procedure and the use of the cell is maximally adapted to carry out various transactions with real estate things, including for multistage.
The safe cell is a safe of small sizes, comparable to a written table box located in a special bank repository - depository.
The credit structure provides for rental services for unlimited time. At the same time, the credit organization does not control that it is the tenant to put into the cell.
The banking institution only ensures the protection of cells and control over access to it. Thus, complete confidentiality is guaranteed when transferring funds.
Tenant safety Cable - As a rule, the buyer of real estate. It also lays cash in the amount established by the seller in the safe.
The seller can pick up the means only subject to the conditions specified in Extras. Agreement to the rental contract of the Safety Depository. The agreement is between the 3rd parties - the buyer, the seller and the bank.
In an additional agreement, the parties may register specific conditions for cell access for each person.
For example, specific deadlines and documents should be specified for the seller to be presented to the bank to withdraw money from the safe. If in deadlines The apartment will not change its owner, the buyer will be able to pick up his money.
As a rule, the provision of the Seller's passport and the sales contract with the Rosreestra note is served as a provision of the ownership of the ownership.
Parties can determine and additional conditions For seller access to the cell. For example, to specify the obligatory to provide an extract from the house book confirming the absence of registered individuals in.
Through notary
Law, in particular, Art. 327 of the Civil Code of the Russian Federation, the possibility of debtors on monetary obligation make money on a nonotarus deposit.
Based on Part 1.1. This article, the agreement between the creditor and the debtor, may be provided for the condition that the debtor (he is also a buyer of the apartment) is obliged to fulfill the obligation to pay the sales price only by making funds to the notary deposit.
Thus, to apply this method of calculations, the parties of the transaction must be specified in the DCC so that the calculations will be carried out by a notary deposit.
How do calculations occur through the notary? The apartment buyer simply visits the notary at the place of the transaction and gives money either in cash formor through cashless payment.
Notary accepts money and keeps their storage before the creditor (seller of the apartment) conditions for the State Registration of the Transaction.
Notary does not store money in his office. Regardless of the method of their transfer to the buyer, they are on the notary bank account.
Please note that the Civil Code of the Russian Federation allows the buyer at any time to withdraw funds from a notarial deposit.
Thus, the parties to the contract in obligatory You need to specify the condition in the agreement on specific cases when the buyer can withdraw money from a notarial deposit to avoid misunderstandings.
On the day of the transaction
Typically, calculations on the day of the transaction are a method of cash calculations. However, it is recommended to use this "grandfather" method only in extreme cases and with 100 percent confidence in the respectableness of the counterparty.
Cash calculations are sufficiently common if the transaction is carried out, for example, between close relatives or friends.
Risks that exist with cash calculation:
- the need to transport a large amount of money from place to place;
- cheating and fraud when recalculating bills;
- transfer of fake monetary signs.
From account on account
The process parties can take advantage of another, but less popular way (compared with the bank cell) - letter of credit.
Under the letter of credit is the service provided credit OrganizationTo transfer funds from the account of the buyer's apartment to the seller's account upon presentation of the seller of documents certifying the implementation of the transaction.
Bank cell and letter of credit are practically identical ways to transfer money, for the exception. The letter of credit is the non-cash payment, and the bank cell is cash.
By mortgage
In cases where a potential buyer takes a mortgage to purchase residential premisesThe correctness and legality of settlements controls the creditor bank, because he is a priori intensive in the preservation of borrowed funds.
Depending on the specific bank, the calculations can be carried out both through the banking cell and through the letter of credit.
If the calculations are made through a deposited cell, the creditor bank can request additional package Documentation providing seller access to safe.
Such documents can serve:
- extract from the USRP, confirming the transfer of ownership;
- receipt of money;
- help from the regagement on the adoption of a package of documents for state registration, etc.
Basic mistakes
Basic errors that allow the parties in the implementation of transactions with the transfer of funds for the sale of real estate:
- Choosing an incorrect way to transfer money.
There are three options for transferring money when signing an apartment purchase and sale agreement. In this article we will look at how to sell an apartment through a bank cell. This method allows the seller to protect yourself from financial risksrelated to the scaling of the buyer.
In comparison with the calculation of cash, this method has the following advantages:
- There is no risk to lose money at the time of their transfer or after it. For example, the buyer may be associated with the criminality or simply run through the place and time of money transfer. As a result, you may attack and at best simply select the entire amount. In the bank, on guard of your financial interests, a powerful system of protection with cameras, armored safes and armed guards.
- After receiving the sales contract made in Roserestre, the seller can pick up money from the cell at any time convenient for it. Therefore, the attackers will not be able to find out in advance when you will go with money.
- You can not endure cash beyond the bank, and immediately open an account and put all the available funds on it. Then, as needed, remove money in an ATM or calculate them with payment cardTranslate to other accounts.
- If for any reason the transaction broke, the buyer can also go to the bank in any convenient moment for it and pick up the entire contents of the cell.
- In the cell, you can put a practically unlimited amount, as well as extend the rent as needed (for example, if the paperwork is delayed).
As statistics shows, with most of the sale and purchase and sale transactions in the secondary market, the transfer of money is carried out through a bank cell.
Storage types
There are two caution storage options in the cell:
- Individual storage. A bilateral treaty is concluded between the bank and man who takes money. Typically, the tenant is the buyer.
- Responsible storage. A tripartite agreement is concluded between the Bank and the two tenants - the buyer and seller of real estate. At the same time, an additional agreement can be drawn up between the buyer and the seller about all conditions, while compliance with the money.
Money transfer procedure
Cash transmission through a bank cell takes place in several stages:
- Registration of a contract for rental cells.
- Bookmark by the buyer in a cell of money in the presence of the seller. It is advisable to recalculate and check the bills for authenticity. The Bank provides such services. Bookmark is carried out on the day of signing the contract of sale. If an advance has already been paid, it is excluded from the total amount.
- Getting a buyer of one of the two keys from the cell. The second is stored at the bank employee. The key can be transferred not only to the buyer, but also to the seller. His holder undertakes to transfer the key to the side that has the right to access the cell after the fulfillment of all the terms of the contract (including additional agreements). Often, disputes arise as to which party should store the key. To avoid disagreements, many banks provide a special wrench storage service. You can also transfer it to storing a realtor involved in a transaction accompaniment. Of course, in this case, its duties should be documented. This uses a warranty letter. It is clearly painted, to whom and under what circumstances the intermediary has the right to transfer the key.
- Getting money by the seller. To do this, he must come to a bank with documents confirming the state registration of the transaction.
If the key was lost, the cell opens the bank employees in the presence of the buyer and the seller.
Sometimes two cells are rented at the same time - one for money and one for the seller's receipts. After registration of the purchase and sale, the parties exchange keys from cells in the presence of witnesses.
Documents for money seizure by the seller
To get the money, the seller must provide bank employees such documents:
- Contract of sale.
- Extract from the USRP.
- Extrusion of registration from the house book.
- Passport with a mark on the discharge from the sold apartment.
The list of documents can be supplemented, it depends on the conditions of a particular transaction. Even if a single paper is not enough of the mandatory list or an error is made, an employee of the bank will not give permission to access the cell.
The deal fell through
If the sale of the apartment for any reason was not completed, the buyer can come to the depository and pick up his money. For this, the contract specifically indicates the period after which the buyer receives access to cash. For example, it can be 21 days from the date of concluding an agreement for renting a cell.
If, after terminating the contract, the buyer and the seller still communicate normally, they are best to come to the bank together and sign an additional agreement on the termination of the first agreement, which describes the conditions for access to the cell. Immediately after that, the buyer can get his money out of the depositary.
If communication between the parties to the contract was completely interrupted, the buyer waits for the expiration of the period, after which he serves access to the cell, and takes his money. Usually, the Bank's employee calls the seller and warns it about cash withdrawal.
For security Transfer of cash when calculating the side of the side of the transaction can be calculated through bank depository cell with special conditions Access. To do this, contact any bank, providing services for the depositary and convenient to the parties. Book a bank safe (cell) and the time of the transaction can be on the eve of the transaction in 2-3 days. If you buy a mortgage apartment, then the money laying in the cell will occur in the bank issuing a loan.
A typical lease agreement of the bank cell is usually tripartite. He is concluded by the representative of the bank and the seller with the buyer. The bank provides for the use of the tenant safe for the storage of values \u200b\u200bduring the rental period for the fee. The cost of the bank lease bank is varied from 2.5 to 5 thousand rubles, depending on the lease term and the physical size of the cell (safe). As a rule, this service pays the buyer, and checking money that the buyer will lay in the cell pays the seller. However, the parties can agree on another distribution of payments.
The main feature of the rental contract of the bank safe is that tenants are individually accessible to the bank cell in a different period by complying with certain access conditions.
These part-search conditions may determine independently, indicating this in the lease agreement of the cell. In the case of a mortgage loan, the creditor can form its conditions for access to the cell for the seller.
Conducting the Cell Access Conditions With simple sale, as a rule, set:
General Passport
Key from bank cell
Original registered B. authorized body (in Moscow - federal Service State Registration, Cadastre and Cartography in Moscow) Agreement for the sale of apartments between the seller and the buyer.
If conditions of access to the bank safe forms a bankissued mortgage to buy an apartment, then to the specified list of documents for the seller may add also:
Original certificate of state registration of law or its notarial copy or extract from the USRP on the apartment sold with a marker about mortgage
Seller's receipt about making money from the buyer (original)
Receipt of documents for state registration, confirming the mortgage to the apartment for registration.
Seller It may remove money from the cell only during its admission to the cell, which in most cases is equal to the period of state registration of the contract of sale plus 5-7 days, subject to the presence of all the tolerance conditions specified in the lease agreement.
As a rule, banks in the rental contract Cell indicate that they not responsible for the authenticity of the documents providedwhich are the conditions of access to the safe. But sometimes in the rental agreement, you can meet this item:
The bank has the right:
Check the validity of the documents presented to access the safe of documents by any available methodsAnd also refuse to access the permission of the available doubt.
Buyer can remove money from the cell only during the period of its access (from the end of the seller's access period and until the end of the lease term of the cell) following conditions Access:
General Passport
Key from bank cell
Provided that the seller did not receive the seller for its service life.
If the seller or buyer cannot or do not plan to attend the excavation of money from the cell personally, they can authorize it of their representatives (proxies). Warning about this bank must be in advance. Then data on representatives may be included in the bank cell lease agreement.
Key from bank cell It is a condition for access for both the apartment seller in the case of the contract, and for the buyer in the case of its indispensable.
