Contract for the sale of an apartment through a bank cell (model)

In real estate transactions, the bank unit provides an additional guarantee for the fulfilment of the obligations of each party to the agreement, its use is mentioned separately in the contract for the sale of an apartment, and the bank unit is most often used in agreements between individuals, in the secondary real estate market.

How to sell an apartment using a bank cell

In the case of a bank cell, there is a slight change in the way a contract is concluded between the parties to the transaction.

If you are smart enough to prepare and draft an agreement, the risks involved can be significantly reduced; the contract for the sale of the dwelling remains virtually unchanged, but payment is not made.

The transaction itself has features related to third-party control of its execution.

Bank cell usedThe seller may receive the money only after the transaction has been completed and confirmation of the change of the dwelling has been confirmed to the buyer.

Dealwith the use of the depositary cellis in several stages.

First phaseIt is necessary to take into account the terms of the lease of the depositary bank unit and the guarantee that third parties will not have access to the transaction.

People who are not familiar with the rules of real estate transactions are not always able to choose the right bank, so it is recommended that advice be sought from experienced lawyers and realtors.

It is worth noting that the realtor or lawyer recommended by the opposite party to the transaction is the person concerned, and it is necessary to consult with those who have nothing to do with the other parties to the agreement.

Second phaseAfter re-registration of the apartment to the new owner (buyer), the seller will be able to come to the bank and collect the amount specified in the contract.

A contract is usually concluded between the bank and the buyer (it acts as the tenant of the cell), but an agreement can be concluded in such a way that the box (or safe) is rented by both parties to the transaction.

The lease agreement looks like, to read:

• Identification of persons who have the right of access to the depositary cell (seifa) - their passport data - the FIO, the propiska, the number and the series of passports, etc.;
• A description of the subject matter of the contract - the area of the dwelling to be sold, its exact address, advantages and disadvantages;
• Information on the rules of access to the cell, indicating the time at which the seller will be able to come for the money; the documents required to obtain the money are also given here; in most cases, the contract of sale in Rosreestre is used for this purpose (it confirms the re-registration of the apartment and the transfer of the apartment from the buyer to the seller). When the contract is submitted, the seller is given a key from the bank cell and is entitled to collect the sum specified in the main contract;
• Information on how the buyer can take the money out of the box when the transaction is interrupted and the sales contract is cancelled.

The lease agreement may contain additional information, including a list of persons who receive copies of the keys to the bank cell, usually issued to the buyer and the representative of the bank.

Third phaseThere are banks dealing primarily with contracts for the sale and exchange of real property, often linked to notaries and registrars who can assist in the drafting and drafting of an agreement between the parties to the transaction.

The contract for the sale of an apartment is concluded in writing, in accordance with the current laws of the Russian Federation. It is recommended that the document be carefully and carefully drafted. Even one typo could render the contract null and void and cancel the transaction. Three copies of the document should be prepared.

Fourth stageAn agreement with a notary will require a pre-prepared package of documents for this procedure.The seller must bring:

• Passport;
• The transport of the dwelling to be sold;
• A real estate (a flat) statement from the EGRN;
• A statement of ownership of the property sold.

Purchaser requiredIf one of the parties is married, the written consent of the spouse will be required for the conclusion of the contract of sale, and a State duty (0.5 per cent of the total amount of the transaction, at least 300 roubles and not more than 20,000 roubles) will be required for the certification of the agreement.

Fifth phase- Re-registration of the apartment to the new owner. It is held in Rostreister, and both parties to the transaction are required to be present. If necessary, this procedure can also be followed by the IFC.

Registration will require a completed application (blank issued locally), a contract for the sale of an apartment, a receipt-transfer certificate and a full package of documents collected for a notary assurance; payment of a duty (2,000 roubles) must be made before the application is filed; and a receipt of payment must be added to the total package of documents.

The documents will take seven working days if they are completed correctly (for the IFC - 9 days), followed by the buyer's withdrawal from the EGRN (an indication that the apartment already belongs to him) and the seller's formal sales contract.

Last one,sixth phase- The owner shall collect the amount due under the contract and, to do so, must come to the bank with the required documents (the list is specified in the bank cell lease agreement) and collect the money.

Positive aspects of the transaction

The use of a bank cell when selling an apartment reduces the risks associated with payment.a number of advantages:

• The transaction is controlled by third parties (the bank and its representatives) interested in its successful completion;
• The payment is made on the basis of the transfer of the dwelling, but the buyer is unable to refuse payment of the required amount and the seller is unable to give up the transfer of ownership of the property upon receipt of the money;
• In the sales contract, payment is specified in advance and the information provided is duplicated in the lease agreement of the depositary bank cell.

In some cases, there areadditional benefitsWhile a banking organization deals exclusively with real estate transactions, it often involves experienced notaries and registrars working in the same field.

The notary helps to draft and confirm the contract in the proper form, and the registrar can conduct the entire procedure of transfer of ownership without the participation of the parties to the transaction.

The record keeper's services are not cheap (10-15,000 rubles), but when a contract for the sale of an apartment is made, it may be justified.

How to draw up a contract for the sale of an apartment using banking
Cells?

The legislation does not specify the exact form of the contract for the sale of real property; it only states that it should be in simple writing, but the contract will therefore be declared null and void in the event of filling-in errors.It is recommended that an agreement be drawn upon the following recommendations:

• The title is "The contract for the sale of an apartment";
• Place (located paragraph) and date (number, month, year) of signature of the agreement;
• Information on the dwelling to be sold (contract items): specific address, reference to transport, area (general and useful), advantages and disadvantages of the premises;
• The proof of ownership of the dwelling (usually referred to as the contract of basis) is: a contract of sale, change or gift (confirming the transfer of ownership to the seller), a certificate of inheritance of the dwelling or a will, and reference is made here to an extract from the EGRN confirming that the dwelling is currently registered with the seller;
• The guarantee that the dwelling is not on bail, under arrest, is not subject to dispute; the absence of third parties who could claim the apartment to be sold is confirmed; reference is made to a certificate from the EGRN that there are no charges;
• Reference to the written consent of the spouse to the conduct of the transaction, provided that one of the parties (or both) is married;
• The obligation of the seller to accept payment and to transfer to the buyer ' s property the subject matter of the contract (the apartment), the obligation of the buyer to pay in accordance with the agreement described, and the obligation of the buyer to accept the dwelling to be sold;
• This paragraph details the procedure for the calculation and use of the bank cell, first providing the price required by the seller (figures and inscriptions), then indicating the bank and the number of the cell in which the money will be stored; at the end, providing a detailed description of the procedure for obtaining the money;
• Conditions for termination of the contract, fines (pens) for breach of the terms of the contract;
• Confirmation of the fact that both parties are signing an agreement with sound mind and a strong memory;
• Final provisions: indication of the number of copies of the agreement (standard - three copies), list of annexes to the contract for the sale of an apartment.

To download a sample of a contract for the sale of an apartment using a bank cell

The agreement by agreement of the parties shall specify additional paragraphs if they do not conflict with the laws in force and the interests of each of the parties; the instrument may also be regarded as an act of acceptance and transfer; this fact should be specified separately in the drafting of the contract.

Calculation of payment

The use of a bank cell is conditional on the reliable and convenient payment mechanism for which the method is chosen, and it is recommended that all parties to the transaction know how the money is transferred.payment procedureBy means of a bank cell, it is as follows:

• deposit. Shortly before the signing of the basic contract, the seller and the buyer are given access to the cell; the seller confirms that the required amount has been set up; it is recommended that banking services be used for checking and recalculating the bills;
• receipt of the keyEach cell in the bank has two copies of the key: in most cases, the first copy is given to the buyer and the second one is kept by the bank ' s employees; a number of banking institutions provide the opportunity to store the key with the box and to issue it when the necessary documents are obtained;
• formation and registration of a sales contractThe seller registers its copy of the agreement in Rosreestre; upon registration, the contract states that the property sold (the apartment) has been transferred to the buyer ' s property; it is recommended that an extract be obtained from the EGRN (it indicates the current owner of the dwelling, i.e. the buyer);
• PaymentThe seller comes to the bank, presents the contract of sale and/or discharge from the EGRN, receives the key and is able to obtain the required amount from the bank cell.

If necessary, the procedure may be modified somewhat. For example, the key is given to the realtor in writing and, after successful registration in Rosreestre, to the seller, but these are private cases, in general, the payment procedure by the bank cell remains unchanged.

If you have any questions, consult a lawyer.

You can ask your question in the form below, in the window of an online consultant at the right of the screen, or call the numbers (round the clock and without the weekend):

• 8 (800) 350-83-59- All regions of the Russian Federation.

To download a sample of a sales contract through a bank cell

A sales contract through a bank cell – a sample of the document can be downloaded at the end of the article.

The transfer of money through the bank ' s deposit box makes it possible to stop worrying that the real estate buyer will lie to the seller and that once the property rights are registered in Rosreestre, the money will not be transferred in full.

Further details on how to calculate the purchase of real estate with the help of a bank, and how to draw up a sales contract with a condition of transfer of money through a cell.

Procedure for the settlement of the contract of sale

The procedure for payment between seller and buyer is set out in article 486 of the Code of Criminal Procedure of the Russian Federation, which provides that the calculation may be performed at different points in time, namely:

1. During the reception, the delivery of things.
2. Before the item is handed over, due to the requirements of article 487 of the Russian Civil Code.
3. After handing over the goods, due to the requirements of article 488 of the Russian Civil Code.

Under the general rule provided for in article 486, paragraph 2, of the Civil Code of the Russian Federation, the buyer pays in full, unless otherwise stipulated in the contract, a different procedure may determine whether the payment may be deferred or deferred.

Of course, for both parties to the transaction, it is best and safe to fulfil their obligations at the same time, which means that the goods are handed over to the buyer and the money to the seller at the same time.

Particulars of the settlement of the contract for the sale of real property

However, it is not all that simple because, due to the requirements of article 551 of the Civil Code of the Russian Federation, ownership of the real property is acquired by the buyer only after registration of the transfer of rights in Rosreestre and the entry of data into the EGRN.

The transaction is thus two-stage:

1. At the first stage, there is a contract of sale.
2. In the second stage, the transfer of ownership is registered in Rosreestre.

The registration process takes a certain amount of time; this may create a situation where the seller has received the money but the buyer has not yet become the owner of the real estate because the documents are on the register, without prejudice to whether or not the property has been handed over to the buyer by the receipt/transfer certificate.

Therefore, the calculation before the registration is completed is a very risky exercise for the buyer, as the seller receives from the trace everything it wants and the buyer does not become the owner of the property until the registration process is completed, but registration may be disrupted for some reason.

It is also risky to wait for the transfer of money before the registration of the transfer of ownership is completed, but also for a seller who, after registration, loses real estate (the transfer of ownership will take place) and may not receive money (the buyer who has received the property will refuse to pay).

Given that the parties may not trust each other, and the cost of real estate is high enough, there is a need to find a way out, and that is the use of a bank cell.

Sales contract using a bank cell as a way out

The problem can be solved by involving a third party in the agreement – the bank – the buyer's money will be stored in the bank before the transfer of ownership of the property, and will be transferred to the seller only after the transfer of ownership is completed and the new owner's information will appear in the EGRN.

Many banks have a bank cell rental service, and they're also called safes, and it's where you can keep the money for temporary storage.

In choosing such a procedure of mutual settlement, it would have to be reflected in the contract for the sale of immovable property.

Not only will it be necessary to specify in the agreement that the settlement is effected through a certain credit institution, but also how and in what manner the money will be transferred to the bank cell, as may be received, with the documents from the seller.

The most rational option would be to go to a bank where a bank cell contract was entered into, to check the money for forgery, to count it, and to put it in a box, in the presence of the seller and the buyer.

The keys to the cell are handed over to one of the parties to the transaction, usually to the seller, but the bank cell contract states that he is not entitled to access the key without having to submit a contract to the bank stating that the registration of the transfer of ownership of the property has been completed; if the transaction has not been completed for any reason, the buyer takes the money.

How do you make a bank cell contract when you buy an apartment?

Since a third party, a bank, enters into a legal relationship between a real estate buyer and a seller, a bank unit is required to enter into a contract with it. The procedure for concluding such an agreement is set out in article 922 of the Russian Civil Code.

According to the contract, the bank gives the client the right to place the money in the cell and to remove it, while the bank secures the property in the cell.

The terms and conditions to be laid down in the contract are both the subject matter of the agreement and its price and duration.

Since the transaction with the bank regarding the holding of funds in the cells is not mandatory for imprisonment with natural or legal persons, banks are entitled to refuse to enter into such a transaction, which means that not all banks provide services.

To download a sample of a sales contract with a bank cell

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Thus, in order to ensure that the transfer of money under the contract for the sale of real property is carried out without risk to the parties to the agreement, it is recommended that a contract be entered into with the banking organization to store the property in an individual bank safe; it should be noted that the service is paid, but that it is easier to sell, to avoid stress situations; and it complicates the process that, in addition to the contract for the sale of real property, an agreement will also have to be concluded with the bank.

Contract for the sale of an apartment through a bank cell (model)

The Main "Bought-Sales of the Apartment "A contract for the sale of an apartment using a bank cell

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The procedure for buying an apartment is closely linked to numerous fraudulent schemes; some of them can be removed through the processing of a transaction through a bank cell.

Why do you have to use a bank cell?

The bank cell is a special safe located in the branch of a financial organization. The bank is responsible only for preserving what is in the box, but does not monitor what the person is putting there.

This system is necessary to make sure that the buyer knows that the seller will receive the money not before the sale contract is signed, which is also convenient from the seller ' s point of view, because the money for the apartment he already saw, they're waiting for it in the box and, to get it, it's enough to finish the deal.

In the event that the contract has not been signed, the buyer may simply take its money from the box (but not before the transaction is really terminated). As a result, none of the parties loses anything.

The renting of a bank cell is a fee-paying procedure. The cost of such a service may be charged to the seller as well as to the buyer, or divided equally between them, depending on where the parties agree. In any event, the price is not too high: between 20 and 50 roubles per day.

The main feature of such a document is the participation of three parties rather than two; for example, both the seller and the buyer are appointed as tenants, and the bank is the organization that provides the service. It is very important to provide access rights depending on the situation.

Example:The lease contract may state that the seller is entitled to use the cell only if it provides the bank with a registered and signed contract for the sale of a particular dwelling; moreover, the buyer of the dwelling is obliged to act as co-owner of the cell; otherwise, access will be denied.

This document should contain such information:

• Data on cell tenants: buyer and seller.
• Information about the apartment to be sold-purchased.
• Conditions under which a person has access to a cell: for example, the seller obtains access to the contract of sale and the buyer only if the seller refuses to make a transaction.

The contract for the rental of the cell is made directly by the bank and is made up of specialists; the task of the buyer and seller is to control the accuracy of the data entered, as well as the existence of all necessary points and conditions; there is no specific form since it differs from the bank to the bank.

The only nuance to be taken into account is to prescribe, on a payment basis, that the payments will be made by means of a bank cell; all other information about who, as and when they have access to it, is already specified in the rental contract for the cell described above.

Contents of the contract for the sale of an apartment using a bank cell

The contract of sale must contain the following particulars:

• Information about the buyer and the seller.
• Detailed data on the apartment that is the subject of the transaction. It is very important to make sure that all the information given is true.
• Conditions of settlement: This is where the point is made that the payment will be made with the assistance of a bank cell.
• Rights and obligations of the seller and buyer.
• Signature and date of conclusion of the contract.

Model contract for the sale of an apartment through a bank cell

To download a sample of a contract for the sale of an apartment using a bank cell

Notarization and registration

Such a document requires a mandatory assurance by a notary; it is also available for drafting, but it is better to use an experienced lawyer. A notary is not interested in defending the rights of any party to the transaction, and a lawyer is interested in defending the interests of his client. The assurance is a fee-paying service.

In addition, after the assurance, the document must be registered; otherwise, the transaction would have no legal effect and would not be difficult to challenge in court.

Expenditure and timing

The main item of expenditure in this case will be the document ' s assurance. The notary will have to be given a sum of 2,000 to 5,000, on average. It must be borne in mind that the particular price depends largely on the region of residence and the place of the transaction. For example, the notary ' s services in the centre of Moscow will cost twice as much as the same, but somewhere on the outskirts of a small remote settlement.

In addition, it will be necessary to pay for the bank cell, since it is usually contracted for at least a month (and that time should be enough to sign all the documents), at a cost of between 500 and 2,000 roubles.

It will take the most time to agree on the terms, but it is at this stage that no costs have yet been incurred, and the parties are simply agreeing on how exactly the apartment will be moved from hand to hand.

There is little time limit for this, except for the wish of the parties, which means that it can be extended for months or even years, but in practice, the preliminary stage usually ends in a few days.

A month at most.

The transaction itself, together with the rental of the cell, the certification of the sales contract and its registration, is unlikely to take more than 1 to 2 days.

Any procedure for buying or selling an apartment involves a number of serious risks: fraudsters have a lot of risks; their influence can be virtually eliminated only through experienced lawyers; experts will look into the situation and point out the points of contention if they do, and they are willing to represent the client and accompany the transaction at all stages.

If you want to solve your problem, then...:

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Model sales contract involving a bank cell

• What's a depositary bank cell?
• Bank cell lease agreement
• Access to a bank cell
• Documents for access to the cell, sample sales contract with the bank cell

What's a depositary bank cell?

In the sales contract, the parties may provide different options for payment of the property purchased: cash or in cash through special bank accounts; one option for the transfer of cash between seller and buyer is the use of a bank cell (seifa).

Further information on payment options is provided in the article by reference to which options for payment can be found in the contract for the sale of apartment 2018 - 2023.

The box in the bank is a small box (seife), similar to the box in the desk, which is located in the bank's special vault (depositary).

The procedure for transferring money by means of a safe is as follows:

• The buyer puts a certain amount of cash in the box before signing the sales contract.
• The parties enter into a contract and send it to public registration if necessary (e.g. a contract for the sale of real property to be registered in Rosreister).
• Once the property has been transferred to the buyer ' s property, the seller may obtain money from the safe.

Computation through the cell ensures that:

• Secrecy and security of the money transfer process;
• The buyer ' s ability to return without delay the money held in the safe in the event of the failure of the transaction;
• The seller ' s right to receive money at any time after the transfer of the property to the buyer, as well as to deposit money in its account at the same branch of the bank.

Bank cell lease agreement

As a general rule, the owner of the safe is a buyer under a sales contract who enters into a lease agreement with the bank.

The seller ' s participation is required in the signing of a supplementary agreement to the contract establishing the procedure for the seller ' s access to the safe in order to obtain the money.

However, the parties are entitled initially to enter into a third-party agreement with the bank, where both the seller and the buyer will identify the tenants of the cell.

The lease agreement shall contain the following information:

• Information on persons who can access the cell (with their passport data, etc.);
• Data on property sold (e.g. housing need to specify address);
• rules and period of time for the seller ' s access to the safe to obtain cash for the transferred property (with an indication of the documents required for the bank ' s access to the cell);
• The procedure for the buyer ' s access to return the money if the transaction did not take place for various reasons (e.g. failure to register the contract).

Note that the lease period for a bank cell is between 1 and a few months, and when the money is transferred, the parties usually use the bank's fee-based services to calculate and control the authenticity of the cash paid by the seller; however, the contract may provide for a different procedure of expenditure.

Access to a bank cell

The issuance of the bank cell lease contract and the supplementary agreement thereto (if necessary) enables the persons named therein to access the bank ' s depositary; for the purpose of depositing the money in the safe, the buyer receives the key of one lock from the safe, the second remains with the bank, and the box can only be opened with two keys.

Thereafter, depending on the agreement of the parties, the key may be retained by the buyer prior to the transfer of the property or the registration of the contract for the sale of real property or handed over to the seller.

The cell lease agreement may include a condition that, if the key is lost, the party responsible for the loss will have to pay a fine, after which access to the safe will be opened again.

1. The seller may also be present when the money is placed in the cell, but will not be able to access it until the key has been handed over to him and the documents specified in the lease agreement have been presented.
2. If the conclusion of the transaction does not occur due to any circumstances, the buyer may have access to the safe, which may return the money placed there.
3. In addition, the contract for the lease of the safe or the supplementary agreement thereto may specify the procedure for the seller ' s and the buyer ' s joint access on any day when certain conditions arise.

Documents for access to the cell, sample sales contract with the bank cell

The contract for the lease of a bank cell or a supplementary agreement to it lists the documents that ensure the seller ' s access to the safe; as a rule, the seller must produce a civil passport and the original sales contract (own signed copy).

Note that the contract for the sale of real property to be registered by the State pursuant to article 551 of the Russian Civil Code, which is placed by the seller in a bank, must contain a stamp and record of Rosreest ' s registration of the transaction and the transfer to the buyer of ownership of the property.

• The State registration of real property is described in more detail in the article on State registration of real property rights.
• A model of a contract for the sale of a safe can be downloaded from a contract for the sale of an apartment by reference to: a contract for the sale through a bank cell (model).
• The parties are also entitled to provide other additional documents for the seller ' s access, such as an extract from the home book confirming the absence of persons registered in the sold apartment.
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Thus, in order to settle a contract for sale through a bank cell, it is necessary to enter into a contract for the rental of a cell with the bank, and the lease agreement and the supplementary agreement details the joint and sole access of the buyer and seller to the cell, as well as a list of the documents under which the person has access to it.

How to draft a sales contract using a bank cell

Computation through a bank cell makes the transaction safer; however, this method of payment is not without serious disadvantages and nuances that can be sustained without knowledge of serious financial losses; it is also necessary to be able to draw up a proper sales contract that provides for this option and to avoid it in a reasonable manner.

In making a deal with real estate, each party to the contract seeks to minimize its risks: the seller does not want to be left without money, and the buyer does not want to have a home for which he has paid an impressive amount. The sale contract using a bank cell remains the most popular way to secure the transaction.

Meaning and purpose of the contract of sale using a bank cell

The document differs from other contracts for the sale of real property in that it provides for a special method of settlement between the parties, and the money is not transferred directly to the seller but is deposited in a bank-rented safe, which will be taken only after the new owner (buyer) has registered his right to the acquired facility in Rosreestre.

A sales contract using a bank cell is a written agreement between buyer and seller, which includes a clause that the settlement of the transaction is made through the bank's warehouse (rented depositary box).

The transfer of money in this way is largely chosen by the parties in the sale of real property.

The agreement ' s condition for the use of a bank cell allows the seller of an apartment or other facility to receive a monetary amount only after it has confirmed that it has fulfilled its obligations to the buyer.

In order to do so, he will have to present the bank ' s employees with a document on the transfer of ownership of the dwelling to the real estate buyer specified in the contract.

The buyer of the dwelling or home will only be able to collect the amount invested in the cell if he does not own it within the time limit specified by the agreement; he will not be allowed to return the money for other reasons.

The main purpose of a contract for the use of a bank repository in a sale is to maximize the protection of the interests of both parties in the conduct of the transaction; the mediating function of a financial institution is to preserve the amount of money intended for the seller until the buyer becomes the owner of the acquired real estate. To this end, the bank leases the safe.

Substantive terms of the agreement

The essential terms of a sales contract with payment through the depositary cell are:

• The price of the transaction;
• The procedure for the payment of the sum of money;
• Conditions of access to the safe (seller and buyer);
• Time frame for mutual commitments.

The price is a mandatory condition of the contract document on the sale of immovable property (article 555 of the Russian Civil Code).

Attention!The amount payable by the buyer shall not be included in the lease agreement between the parties and the bank.

Documents required

• The contract must identify the identity of the seller and the buyer, as well as the property to be disposed of (the address is given).
• In addition, the document should indicate on what basis the seller owns the apartment, room or house (or share thereof) that is the subject of the contract.
• The above information outlines the range of documents required to conclude a contract for the sale of real property (using a bank safe):

• Russian passports of seller and buyer;
• Rights-setting papers in the seller ' s name: certificate of right to inheritance, contract of gift or sale of an apartment, etc.;
• an extract from the EG of the real estate registry or a certificate confirming that the seller is the owner of the subject matter of the contract.

In addition to the passport numbers of the parties, the document often includes the numbers of their SNILs, so that they must also be kept with them. If a party to the transaction acts through a representative, two passports, one of his/her own and one of his/her trustees, as well as a valid power of attorney, should be presented.

Having a model contract for the sale of an apartment or other real estate using a bank cell, the parties may produce a similar document on their own, without the assistance of specialists.

To download an example form of a contract for the sale of an apartment using a depositary bank cell.

How is payment going?

The parties have a number of successive steps to take as a means of paying for the deposit of funds in the bank vault:

1. It is necessary to decide with the bank, to go there, and to enter into a lease for the cell where the buyer will pay the sum paid; the parties to the agreement are the bank, the buyer and the seller; normally the lease period is 1 month.
2. The cell has two keys. Once the lease is signed, one of them is given to the buyer and the other remains in the bank.
3. In the presence of the seller and the buyer, the value of the contract shall be added to the safe; when the immovable property is sold in this capacity, it shall almost always be paid a sum of money; it shall be pre-ordered by a bank employee to ensure that it is valid and contains only genuine bills.
4. Without leaving the bank, the buyer and seller sign the contract of sale, the seller makes a receipt of the money; then either the buyer gives the seller its key or they agree that once the transaction is registered, the cell will be opened with the second key stored in the bank.
5. The contract of sale, together with the package of documents, is referred to Rosreister for registration.
6. If the transaction is registered within the time limit specified by the agreement, the customer-seller shall proceed with a bank with its copy of the sales agreement; the staff member of the financial institution shall be provided with a record of the registration of the document, as well as other papers, the provision of which is a condition for the issuance of money from the safe; their list shall be specified in the cell lease contract; this may be:

• An extract from the Single State, demonstrating that the buyer has become the new owner of the real estate;
• a passport indicating that the seller has been removed from the register in the sold apartment, etc.

1. The seller takes the money, the deal's done.

It is usually agreed that the seller pays for the conversion of money and the buyer pays the rent of the cell, but this is a non-binding rule: as the costs will be distributed, the parties to the contract will determine for themselves.

Adds and minuses of settlement through a bank safe

Whatever the reliability of the calculation method may be, it must be recognized that it also has a number of disadvantages and should be taken into account by both the seller and the buyer in order to provide additional protection against possible risks.

Table 1: Features and shortcomings of the settlement between buyer and seller through the bank ' s storage facility

Equivalence of payment through the bank ' s cell	Deficiencies of such intercalculations
Taking into account the interests of both buyer and seller	The lease agreement for the bank cell does not contain the amount of the deposit.
Protection against attacks by third parties: Money flows can take place entirely within the walls of one bank: The buyer withdraws the necessary amount from the account; Puts it in the safe; After the transaction is registered, the seller takes the money and deposits it in its own account, opened in the same bank (after which it is entitled to transfer the amount received to another deposit or otherwise dispose of it in cash)	The bank is not responsible for the authenticity of the documents submitted by the buyer or the real estate seller, and it will not compensate the injured party by issuing the money from the box on the basis of the forged papers.
You can put into a cell any amount of money, including money that is different from what is specified in the contract; it is a virtue for those who wish to avoid taxation; although in certain situations it can become a significant minus.
If necessary and with the consent of the parties, the cell lease may be extended

Main errors by the parties

Not a single lawyer will be able to warn buyers and sellers of real estate of any possible errors; however, it is necessary to know about the common "marine stones" of transactions using a bank's vault, which is a major problem for ordinary citizens.

One of the most popular "cameras" is self-made by the parties, and taking advantage of the lack of transparency of the real amount in the box, the buyer and seller often state in the contract a smaller amount than is actually transferred.

This is usually beneficial to a seller who, in this way, can either avoid paying NPFL at all or reduce the tax significantly.

But such a scheme could become a financial loss, with any impurity on the part of one of the parties or the bank's employees (if proven) the injured national would only be able to declare in dispute the amount specified in the sales contract.

Attention!Even the testimony of the court would not be more convincing than a document with a clearly defined transaction price.

A common error committed by sellers is their overtrust at the time when the money is placed in the safe; they should not allow the buyer to remain on one-on-one basis after the money has been recalculated by the bank's employee.

The real estate seller needs to keep a close eye on the counterparty's actions, accompany him on the way to the vault, and be present when depositing money in an individual safe, even more reliable to do so on his own, otherwise he risks getting the wrong amount out of the cell as a result of the contract.

The buyer of the dwelling must obtain a handwritten receipt from the seller confirming that he has received the full amount of money; in disregard of this rule, he runs the risk of becoming a party to a litigation in which the seller will prove that he has not been paid in full or paid at all.

It matters!In the receipt, the seller must indicate its IFI and passport details and indicate why it received the specified amount of money.

What other mistakes are often made by sellers and customers of apartments, tells the lawyer's video advice:

Method of avoidance

Basis and procedure for avoidance of a contract of sale using a bank repository:

• Either be prescribed by the parties in the document itself;
• is established by the rules of the Civil Code (by default or by a special clause added to the contract).

The contract may be terminated:

• By mutual agreement of the parties;
• At the initiative of one of the parties (in the case of a breach by the counterparty of the essential terms of the agreement);
• In court proceedings.

If the parties do not go to trial, they sign a supplementary agreement in which they declare the contract avoided from a specified date; and if the original contract has been notarized, the pre-selection shall also be certified by a notary.

The agreement on the avoidance of the sales contract is the basis for the issuance to the buyer of the money stored in the bank ' s safe.

Model contract for the sale of an apartment through a bank cell

There are several ways to pay the agreed purchase price for the property purchased, one of which is the use of cash money, which is transferred either to the seller ' s hands or into a special bank-owned safe.

In order to apply the second option, contracting nationals must draw up and sign a special contract for the sale of an apartment through a bank cell, a model of which will be found below in the article.

How does this transaction work in practice? What are the risks to the tenant seller? Wouldn't it be safer to use the usual cash settlement?

Sale of an apartment through a bank cell at seller ' s risk

When contracting parties choose to sell a dwelling, the use of a specially leased cell in a Finnish organization should take into account existing underwater stones.

For example:

• Persons, in order to reduce the amount in the tax report, have prescribed the price of the facility below the actual price or have not specified it at all, and have placed the funds in a rented cell in the bank organization ' s secure funds; thereafter, once the contract has been successfully registered by the State, there is no point in demanding any additional sum from the buyer: no judicial authority will take the claimant ' s side;
• There is an unforeseen circumstance following the transmission of State registration documentation: a serious illness or the seller's death, in which case the "buffer" would be a proxy;
• The basic condition for direct access to the cell is that one of the parties to the contract has documentation indicating the successful transfer of possession to the buyer or, alternatively, the termination of the agreement; a bank officer can only cross-check the data from the applicant ' s passport with those in the purchase order but not carry out a full examination, such as a representative of the Regorgan; this may result in the seller being deprived of an apartment and the money allocated to him;
• The banking organization does not have the authority to verify the authenticity of the bills that the contracting parties place in the box; therefore, there is a risk that the seller will receive counterfeit money for the real apartment; this can be avoided by using the services of the same organization to provide specialized authentication equipment.

The risks are not very high, but they are present; however, real estate experts believe that this is the most reliable way to deal with cash transactions, namely the sale of an apartment through a bank cell.

How's the sale of the apartment going with the box?

Contracting persons shall be determined together:

• In which banking organization the cell will be rented;
• For how long to enter into an agreement with it;
• Who will pay for this procedure;
• If conditions exist, access to the cell will be available.

The necessary documentation is then processed with the banking institution.

The key to the cell is given to the buyer before the transaction takes place.

In a few days, or in the one where the bills are signed, the stipulated day is put into a rented cell.

The parties then place their paintings in the purchase contract, agreeing to its provisions, and the seller visits the relevant financial institution where the sum of the money held there is collected.

Formulating a contract for the sale of an apartment using a bank cell

The contract for the bank cell used for the sale of an apartment is not very different from the usual purchase. The difference is the chosen method of calculation between the contracting parties, namely, through a rented special unit. The model contract can be downloaded here.

In addition, the relevant paragraph of the treaty explains::

• Time of entry of the funds (before or after the transfer of the documentation to the regorgator);
• What documents the seller should have in order to have access to the cell and to be able to take the money out of it;
• A list of citizens authorized by one of the Contracting Parties to visit the cell;
• Which side is taking charge of renting the cell.

Contents

The agreement should contain sufficient information:

• Name and place and date of writing;
• Party data: their IRS, passport data, registration addresses;
• The characteristics of the dwelling to be sold are: address, area, number of rooms on which floor, cadastral number, etc.;
• A supporting document, the name of which can be specified in the REM statement; if the seller is not alone, the details of each document shall be given as well as the shares they possess;
• Price: indicates the specified value expressed in the unit to be determined; the same paragraph specifies the procedure for the calculation between the persons;
• Obligations of the contractors: e.g., the seller indicates to the buyer all the shortcomings of the apartment;
• Measures of liability to be applied to the seller and buyer for derogation (e.g., payment of a penalty);
• Modification or addition of the provisions of the agreement: what is the course of action by the person concerned;
• List of annexes: act of reception and transfer (model of the act to the contract for the sale of the dwelling in this article, extract from the EGRN, etc.);
• At the end of the document, there is a duplication of information on contracting persons who, confirming their agreement to its provisions, sign.

Documents

If you're gonna make a bill through a box, you're gonna need it.:

• The passports of the contracting citizens;
• The seller ' s legal document (in original);
• If the representative is present, his or her legal authority or other supporting document;
• If the seller is married, the consent of the spouse;
• If the buyer is married, no consent will be required for the acquisition of the joint property; but if he wishes to have possession only for him, then a confirmation of the legal possibility of realizing such a wish must be provided: the marriage contract, the voluntary agreement on the division of the common property, etc.;
• An extract from the home book giving a complete picture of the absence of citizens registered at the site being sold, as well as those who, according to Russian law, cannot be discharged when the tenant changes; how to obtain an archive from the home book, we have already written in a separate publication;
• Bank cell lease, model contract pump right here.

In addition to these documents, additional information may be required to better reflect a particular situation.

Issuance of a lease for a bank cell when selling an apartment in Sberbank

The service to provide a similar cell in Sberbank is provided if:

1. The sellers and buyers shall not exceed two on each side;
2. They provided the necessary documents and paid the full lease (from 1 day to 3 years).

The rental documents for the cell are as follows::

• A soldier ' s passport or identity card;
• A residence permit (if Russian citizenship is absent);
• a certificate from the passport desk confirming the address of the registration.

In order to calculate the funds and their authentication, you can use the special equipment used for this purpose, which is being distributed in the same Finnish organization.

At the end of the process, both the seller and the buyer receive:

• Lease agreement;
• The act of receiving-transmitting the cell in question.

And the buyer is also the key to the cell.

A seller may only be allowed to visit the vault on its own upon presentation of a single sales contract (original) or in pairs with an EGRN discharge indicating the success of the transaction (depending on the parties ' agreement).

If the purchase or sale has not taken place, the buyer may collect its money during the time of storage plus 7 days (free of charge) paid under the contract.

The sale of the apartment for cash is the seller's risk.

When the parties choose the order of payment of bills involving the transfer of cash, the reasons that led them to do so may be different.:

• Refusal to involve a banking organization because of a desire to save on payments for transfers between accounts or rents for a cell;
• Lack of trust in the Finnish institutions;
• Fear of various types of fraud;
• A small amount of money (e.g. when buying a dilapidated private house) etc.

But the risks involved in this procedure must not be forgotten.:

• Provision of counterfeit funds;
• The possibility of robbery or theft;
• mistakes in billing.

What do you need to buy an apartment for cash?

First of all, we have to use the concepts of security, so we have to go to law enforcement officials, real estate agencies, because they can check:

• The "purity" of the apartment, i.e. the history of the change of owners, the representation in criminal cases, etc.;
• The tenants themselves (physical, mental, neurological, etc.) will help to avoid possible challenges by the seller's relatives;
• Whether the apartment is divided into shares;
• Are minors in possession of the facility;
• The validity of the decision of the judicial authority (if it is a valid document of the seller), the possibility of its annulment or appeal, etc.

There will also be the involvement of a notary in the transaction (the calculation and writing of a receipt may take place with him).

Documents for the preparation and registration of bills must be provided in full by the parties. If additional time and guarantees are required, the legal design of the preliminary contract can be used.

Sales contract for cash settlement

Should include defining data:

1. Which are identifying for the object being sold: name, address, area, cadastre number, etc.;
2. Price;
3. The owner-seller (if several of them are each) and how his discharge and departure will take place.

Documents for the sale of an apartment for cash

Will be necessary:

• The passports of the parties to the agreement;
• The right-setting document of the tenant seller;
• In the case of a representative, his/her power of attorney/confirmation;
• The marriage certificate or the consent of the spouse (1st for joint property and 2 for sole property);
• an extract from the home book.

In addition to these, additional, private circumstances may need to be addressed.

So let's say you sold your apartment, of course you're concerned about how much you can do without a propiska? That's what you'll learn from the article on our resource. Can you get it out of your ex-husband's municipal apartment here? The most important thing is that there's a reason for the discharge.

How's the sale of the apartment for cash?

Contracted persons meet at a place of heightened security (e.g. a notary ' s office), where the funds are transferred, checked and recalculated, the seller ' s receipt, and the buyer ' s signature.

Payment of money to the seller may be made before or after a visit to the Regulator and the relevant documents have been delivered to the specialist.

The parties then apply to the Rosreestra office or to the IFC ("My Documents") for an application, documentation and a receipt for the payment of a State registration tax. 7 days later (Rosreest) or 9-10 (IFC) after the absence of an impediment, the buyer receives an extract from the EGRN to confirm the successful completion of the State registration.

• See how the sale of an apartment through a bank cell is clearly taking place:
• The settlement of the sale of real property using cash becomes safer when the parties use the legal relationship to provide a special unit to a banking organization.
• When you are discharged when selling an apartment, read in this article.
• For further information on this subject, please refer to the purchase section by reference.