Buying and selling of apartments: the cell - the best guarantee against fraud with the money

13.02.2011 21:41
Moving forward with the sale of an apartment, we are already close getting to the most crucial stage - the transaction. But before it is necessary to solve one more question. For us (that is, for the seller), it is probably most important, and his name is - money. About how the required amount perekochuet from the buyer to the seller, we'll talk today.

On the previous five steps, read articles «Sell apartment. Step One: choose a realtor. Criteria: The character of the transaction, the amount of remuneration, the company's reputation, "" Sell apartment. Step two: sign an agreement with the realtor. Bargain, looking for hidden fees, fines cross out "," Sell apartment: step three. Advertise, display and trading and do not forget about the aroma of coffee "," Sell the apartment: the fourth step. We take advance payment from the buyer, do not be greedy, we determine a reasonable time before the transaction, "" Collection of documents on the sale of an apartment - right and unappreciated by the client stage. For that realtors take the money. "

Related article: Misadventures of a tenant: the search and its implications

Once again, the math

The first question that we must answer: What exactly is this sum? It seems the answer is obvious - the price of the apartment, which we have agreed with the buyer during the display and sale. But let us not hurry. Above all, remember that a certain amount we have received as an advance. Depending on the price range of sizes can vary from 30-40 thousand rubles. 5% or even 10% of the price - at an elite market (where such a large deposit just run), this is a very substantial sum.

The second point - our realtor. He rightly wants to get from us a commission and not less than fair aims to make it to the transaction, or during it. Because if you allow other developments (the seller has received the full amount) - "shake off" with him that something would be unlikely. Therefore, a credit agency will commission received in advance (it, dear reader, if not forgotten, received not the seller, a realtor on its behalf). But the advance is often less than the commission, so something else out of the money the buyer perekochuet straight to our realtor, bypassing our own hands. Exactly how this is done (through depository box, which we come, or cash, under the credit order) - the subject of agreement between the parties.

There is another aspect. As is well known, a large number of apartments sold - not free, ie their dealer "registered" and physically resides there and is going to move only in novokuplennuyu "alternative" area. The buyer, of course, wants to hedge, which usually insists on retaining a certain amount to the full physical and legal release of the object. As Olga says Saukitens, head of sales department of the Moscow real estate agency, we are in such cases is on the amounts of 200-500 thousand rubles.

However, with that money is not so simple. Part of the deal is so "butt", which hold just nothing - all the proceeds should be transferred to the chain on. And besides, if the buyer does not trust the seller (because it is so can be called as described in the preceding paragraph) - then why would the trust be in the opposite direction? Likewise, a buyer, having received money, may not rush to move out, and the seller may try to "squeeze" the remaining amount.

The most reliable technology - all the same depository cell, but it requires a certain cost. Therefore, sometimes the sellers agree to "parole" - that point that a certain amount is not paid additionally, entered into a contract. And the buyer is obliged to transfer the money at the time of delivery to him the keys to the apartment. In general, all of this - the subject of negotiations.

In short, on the basis of our calculations it turns out that the "principal amount" - is not the whole price of the apartment, and approximately 80-95% of its value. Now the next question: how exactly the money transfer?

Iron guarantees

Ways to transfer money, there are many. That cash from hand to hand - though, given the price on the Moscow market will have to pass at least a plastic bag, and even a good case, and all kinds of wire transfers - for them, of course, especially advocating the state, since all cash flows are seen here as on the palm, and then the citizens do not escape from the vigilant eye of the fiscal authorities. You can remember anything quite exotic - for example, put money on trash in the street ...

Unfortunately, most used in everyday life technologies for the real estate market is not very applicable. The reason is that the transaction is concluded and recorded a long time, and the transfer of money must be tough "in sync" with it. If the seller gets the money before - he can refuse to give real estate and the buyer will be holding the bag. If the transfer was late - will be the same, just the other way: the apartment has become a property of the buyer and the money he can not pay.
And the real estate market by trial and error has developed a technology of payments - such that satisfies all of these highly contradictory requirements. To transfer money using a few unexpected "tool" - a cell in a bank depository, which in ordinary life, people use to store different values. The main subtlety - B is for rental of a tripartite (the bank, the seller and the buyer) contract.

"Time at which the cell is leased, determined by the speed of official registration of transactions. In Moscow it is usually 30 days - says Svetlana Birini, head of the department of urban real estate company NDV-Real Estate. - A contract in determining access to the cell. In his first day are the seller and the buyer - to come together and put the money there. Then, almost the entire term of the contract available to the buyer will be blocked. At this time, can come only from the seller - but on condition that he produces a registered copy of the contract of sale flats. And in the last 1-2 days access now open to the buyer: if the deal for whatever reasons, did not take place, he can come and collect their money. "

"The condition of access to such a cell - is to register or failure to register the contract of sale Rosreestra. In this way, the transfer of money both parties to the contract are insured in full, "- says the lawyer Oleg Sukhov, a leading lawyer of the First Metropolitan Legal Center.

"In this way the bank is an independent party, which controls the granting of just those documents that the parties indicated to access the cell, - said Natalia Kiseleva, attorney office" Academic "company" Inkom-real estate. " - Thus minimizes the risks of the parties to the transaction: the buyer - to pay the money and nothing to buy, and sellers - to sell the apartment and did not get the money. "

Completing the description of this technology, we have to say three words. First: the cost. She is now about 3-4 thousand rubles. - Here are included and the entire term of the lease, and the tripartite agreement. Second - Custody cells are not only at banks. There are, for example, the depositary in the business center Dayev Plaza - at Realtors he is popular because it specializes in real estate transactions. Accordingly, the "fish" trilateral agreements there have already been prepared, the staff understands the specifics, etc.

But third less pleasant news: the banks are trying to avoid responsibility. Therefore, the contract in any depository would have reservations: the bank is not responsible for the authenticity of the documents. Ie theoretically seller apartment can bring a false copy of the sales contract and get on it access to the cell. In fairness, we note that real similar cases known to us.

Cells multiply: the alternatives, mortgages and hidden fees ...

How many cells used in the transaction? At least one - to transfer the principal amount. But in practice they are often much more. Especially the "prolific" in alternative transactions - where selling my old apartment, people immediately buy new ones. As recalled by Constantine Barsukov, deputy CEO of RELAYT Real Estate, "is often this process is accompanied by all sorts of additional payments (for example, by selling their property for 6 million, we buy a new 7) - and then the cells and for the first sum, and for the second . Now imagine that are leaving "Terry" communal ("eighteen komnatok only one water closet") - how many there will be a need cells?

Yet the number of cells increases, if the acquisition of an apartment used by mortgage loan - the bank that granted the money, would never agree to mix them with their own means of its borrower. So even for a "clean" purchase and sale transaction is not burdened with any additional conditions, there will need two cells.

Still, as we remember from the first chapter, sometimes a certain amount is not paid additionally to the seller until such time as he does not vacate the apartment and did not pass it on to the buyer. These "collateral" money is sometimes passed from hand to hand - but may, if the parties wish and will not spare 3 thousand, are also stored in a separate cell. Condition of access to it will no longer be a contract of sale, the seller and his passport with residence permit "at the new address.

And finally, there's another reason to rent an extra cell. Realtors do not like to think about it - but we recall. The fact that our market flourishes "hidden charges" - when a realtor, says his client was selling an apartment for one amount, and he does it for another. Leaving aside the ethical side of the problem (it is quite evident, and, for example, in Canada for such tricks realtor can go to jail), we define a simple question: how this same hidden charges passed on? The answer is obvious - in the same cell. For consolation seller can say that you know about its existence is unlikely to know and pay for her rent your realtor, you just do not make.

Other options

We are about other ways of transferring money. Theoretically, they do exist, but they occupy a negligible market share. If the parties can absolutely trust each other, the transfer can go through just from hand to hand. But experts warn this is a very big risk: the sum of several million rubles (this is minimum, and sometimes on one or two orders of magnitude) is for the fragile souls a great temptation. Stories about how people were friends since kindergarten, and then three sheets razrugivalis because a lot of money (razrugivalis - this is not the worst thing: it happens that, and shoot each other) can remember a lot.

Another alternative to cash in a cell is quite civilized - it is called a letter of credit. According to economics, it is "independent of the buyer's irrevocable and firm commitment by the issuing bank to calculate a suitable representation of documents by the seller. "Buyer shall transfer the funds that make up the cost of an apartment on the L / C account, the seller receives a notice (letter) from the bank on the flow of funds into the account - explains the technology Irina Shugurova, deputy general director of MIEL-Brokerage Legal Affairs. - In contrast to the usual checking account after depositing funds in L / C by the buyer within a certain period may not withdraw money from an account without the consent of the seller. The seller is entitled to receive cash if certain conditions are similar to conditions of access to banking cell - the presentation of the bank registered a treaty or an extract from EGRP.

In other words, a complete analog custody cells and the tripartite agreement. But the number of traders who use them in real life, is today one percent. "This is due to the fact that people (especially in the mass market segment - the economy) is not very well versed in banking transactions, and often just used to not trust the banks - says Oksana Rastrygina, head of" Belyaevo "Company" ABC housing. " - Their standard question: "What if the bank go broke?".

"The amounts of purchases are many millions, and trust so much money who want a little electronic device - a fully agrees Olesya Mandzyak, director of real estate company's Delta estate. - It is safer to use a proven method: Bank.

So that non-cash payments are primarily used where a transaction in any way public money is involved: all kinds of certificates, grants, etc.

Summary of the magazine

The question of how the money will be transferred, for obvious reasons of concern to all parties to the transaction. However, it should be understood that the issue was still technical. For more than 20 years of existence, our market specialists have come up with the best option, and try to come up with here is something new - this is clearly to reinvent the wheel ...

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