Welcome to my “Buying and selling real estate with no money”. Moving forward with the sale of the real estate, we are already close to the most responsible stage - the deal. But one more question must be solved before it. For us (that is, for the seller), he is probably the most important, and his name is money. About how the required amount will be transferred from the buyer to the seller, we will talk today
Once again, we calculate
The first question that we are to answer is: what exactly will this amount be? It seems that the answer is obvious - this is the price of the real estate, which we agreed with the buyer during the viewing and bidding. But let's not rush. First of all, we remember that we already received a certain amount in advance. Depending on the price segment, its size can vary from 30-40 thousand rubles. up to 5% and even 10% of the cost of an apartment - in an elite market (where such large prepayments are just in the pipeline) this amounts to a very impressive amount.
The second point is our realtor. He quite rightly wants to get his commission from us and just aspires to do it before the transaction or during it. Because if we allow a different development of events (the seller received the full amount) - "shake" from him at least something is unlikely. Therefore, in offsetting the commission of the agency will receive the advance (if the respected reader did not forget, it was not the seller himself who received it, but the realtor on his behalf). But the size of the advance is often less than the commission so something else from the buyer's money will move directly to our realtor, bypassing our own hands. How exactly this will be done (through the depository cell, which is discussed in advance, or in cash, under the receipt warrant) is the subject matter of the parties.
There is one more aspect. As is well known, a huge number of apartments sold are not free, i.е. their seller is "registered" and physically resides there and is going to move only to the newly bought "alternative" area. The buyer, of course, wants to hedge, for which he usually insists on withholding some amount before the complete physical and legal release of the object. As Olga Sukitens, the head of sales department of the Moscow Real Estate Agency, says, in such cases, it is about amounts of 200-500 thousand rubles.
However, with this money all is not so simple. Often the transaction is so "close", that there is simply nothing to hold - all the funds received must be transferred along the chain further. And besides, if the buyer does not trust the seller (after all, so it is possible to name the one described in the previous paragraph) - then why would you trust in the opposite direction? Just as the buyer, having received money, can not hurry to leave the apartment, and the seller can try to "pinch" the remaining amount.
The most reliable technology is the same depositary cell, but it requires certain costs. Therefore, sometimes sellers agree "on parole" - that the point that a certain amount is not paid is entered into the contract. And that the buyer undertakes to transfer this money at the time of handing him the keys to the apartment. In general, all this is the subject of negotiations.
In a word, according to the results of all our calculations, it turns out that the "principal amount" is not the whole price of the apartment, but approximately 80-95% of its value. Now the next question: how to transfer this money?
The first question that we are to answer is: what exactly will this amount be? It seems that the answer is obvious - this is the price of the real estate, which we agreed with the buyer during the viewing and bidding. But let's not rush. First of all, we remember that we already received a certain amount in advance. Depending on the price segment, its size can vary from 30-40 thousand rubles. up to 5% and even 10% of the cost of an apartment - in an elite market (where such large prepayments are just in the pipeline) this amounts to a very impressive amount.
The second point is our realtor. He quite rightly wants to get his commission from us and just aspires to do it before the transaction or during it. Because if we allow a different development of events (the seller received the full amount) - "shake" from him at least something is unlikely. Therefore, in offsetting the commission of the agency will receive the advance (if the respected reader did not forget, it was not the seller himself who received it, but the realtor on his behalf). But the size of the advance is often less than the commission so something else from the buyer's money will move directly to our realtor, bypassing our own hands. How exactly this will be done (through the depository cell, which is discussed in advance, or in cash, under the receipt warrant) is the subject matter of the parties.
There is one more aspect. As is well known, a huge number of apartments sold are not free, i.е. their seller is "registered" and physically resides there and is going to move only to the newly bought "alternative" area. The buyer, of course, wants to hedge, for which he usually insists on withholding some amount before the complete physical and legal release of the object. As Olga Sukitens, the head of sales department of the Moscow Real Estate Agency, says, in such cases, it is about amounts of 200-500 thousand rubles.
However, with this money all is not so simple. Often the transaction is so "close", that there is simply nothing to hold - all the funds received must be transferred along the chain further. And besides, if the buyer does not trust the seller (after all, so it is possible to name the one described in the previous paragraph) - then why would you trust in the opposite direction? Just as the buyer, having received money, can not hurry to leave the apartment, and the seller can try to "pinch" the remaining amount.
The most reliable technology is the same depositary cell, but it requires certain costs. Therefore, sometimes sellers agree "on parole" - that the point that a certain amount is not paid is entered into the contract. And that the buyer undertakes to transfer this money at the time of handing him the keys to the apartment. In general, all this is the subject of negotiations.
In a word, according to the results of all our calculations, it turns out that the "principal amount" is not the whole price of the apartment, but approximately 80-95% of its value. Now the next question: how to transfer this money?
Iron warranty
There are many ways of transferring money. This cash from hand to hand - though, given the prices in the Moscow market, you will have to transfer at least a plastic bag, or even a good suitcase; and all sorts of bank transfers - for them, of course, the state is especially in favor, since all financial flows are visible here as in the palm of your hand, and citizens then do not escape from the zealous eyes of fiscal bodies. You can also recall something quite exotic - for example, putting money under a garbage can on the street ...
Unfortunately, most of the technologies used in everyday life for the real estate market are not very applicable. The reason is that the transaction is concluded and registered for quite a long time, and the transfer of money must be rigidly "synchronized" with it. If the seller receives money earlier - he may refuse to give away real estate, and the buyer will be with a nose. If the transfer was late - it will be the same, only in the other direction: the apartment has already become the property of the buyer, and money may not pay.
And the real estate market through trial and error developed a technology of calculations - such that it meets all these highly contradictory requirements. To transfer money, a somewhat unexpected "tool" is used - a cell in a bank depository, which people use in everyday life to store various valuables. The main subtlety is in the three-party agreement (bank, seller, and buyer) that is drawn up during the lease.
"The period for which the cell is leased is determined by the speed of state registration of transactions. In Moscow, it is usually 30 days, - says Svetlana Birina, head of the department of urban real estate company NDV-Real Estate. - A contract defines the conditions for access to the cell. On the first day, both the seller and the buyer have it, in order to come together and put money in there. Then, practically for the duration of the contract, access for the buyer is blocked. At this time, only the seller can come - but on condition that he presents a registered copy of the contract of sale of the apartment. And in the last 1-2 days, access is reopened for the buyer: if the transaction for some reason did not take place, he can come and take his money. "
"The condition of access to such a cell is the registration or non-registration of a contract of sale in Rosreestr. In this way of transferring money, both parties to the contract are fully insured, "said lawyer Oleg Sukhov, the leading lawyer of the First Capital Law Center.
"With this method, the bank is an independent party that controls the provision of exactly the documents that the parties indicated for access to the cell," said Natalia Kiseleva, a lawyer at the Academic office of Incom-Real Estate. - Thus, the risks of the parties to the transaction are minimized: the buyer - to pay money and nothing to buy, and the seller - to sell the apartment and not get the money. "
Completing the description of this technology, we have left to say three more words. First: the cost. Today it is about 3-4 thousand rubles. - this includes the entire lease period and a tripartite agreement. The second - depository cells are available not only from banks. There is, for example, a depository in the business center "Dave-plaza" - from realtors, he enjoys well-deserved popularity, because he specializes in real estate transactions. Accordingly, the "fish" of tripartite agreements have already been prepared there, the staff understands the specifics, etc.
But the third news is less pleasant: banks are trying to avoid responsibility. Therefore, in the agreement in any depository, there will be a reservation: the bank is not responsible for the authenticity of the documents submitted. Those. theoretically, the seller of the apartment can bring a fake copy of the contract of sale and get access to it by the cell. In fairness, we note that we do not know the real cases like this.
There are many ways of transferring money. This cash from hand to hand - though, given the prices in the Moscow market, you will have to transfer at least a plastic bag, or even a good suitcase; and all sorts of bank transfers - for them, of course, the state is especially in favor, since all financial flows are visible here as in the palm of your hand, and citizens then do not escape from the zealous eyes of fiscal bodies. You can also recall something quite exotic - for example, putting money under a garbage can on the street ...
Unfortunately, most of the technologies used in everyday life for the real estate market are not very applicable. The reason is that the transaction is concluded and registered for quite a long time, and the transfer of money must be rigidly "synchronized" with it. If the seller receives money earlier - he may refuse to give away real estate, and the buyer will be with a nose. If the transfer was late - it will be the same, only in the other direction: the apartment has already become the property of the buyer, and money may not pay.
And the real estate market through trial and error developed a technology of calculations - such that it meets all these highly contradictory requirements. To transfer money, a somewhat unexpected "tool" is used - a cell in a bank depository, which people use in everyday life to store various valuables. The main subtlety is in the three-party agreement (bank, seller, and buyer) that is drawn up during the lease.
"The period for which the cell is leased is determined by the speed of state registration of transactions. In Moscow, it is usually 30 days, - says Svetlana Birina, head of the department of urban real estate company NDV-Real Estate. - A contract defines the conditions for access to the cell. On the first day, both the seller and the buyer have it, in order to come together and put money in there. Then, practically for the duration of the contract, access for the buyer is blocked. At this time, only the seller can come - but on condition that he presents a registered copy of the contract of sale of the apartment. And in the last 1-2 days, access is reopened for the buyer: if the transaction for some reason did not take place, he can come and take his money. "
"The condition of access to such a cell is the registration or non-registration of a contract of sale in Rosreestr. In this way of transferring money, both parties to the contract are fully insured, "said lawyer Oleg Sukhov, the leading lawyer of the First Capital Law Center.
"With this method, the bank is an independent party that controls the provision of exactly the documents that the parties indicated for access to the cell," said Natalia Kiseleva, a lawyer at the Academic office of Incom-Real Estate. - Thus, the risks of the parties to the transaction are minimized: the buyer - to pay money and nothing to buy, and the seller - to sell the apartment and not get the money. "
Completing the description of this technology, we have left to say three more words. First: the cost. Today it is about 3-4 thousand rubles. - this includes the entire lease period and a tripartite agreement. The second - depository cells are available not only from banks. There is, for example, a depository in the business center "Dave-plaza" - from realtors, he enjoys well-deserved popularity, because he specializes in real estate transactions. Accordingly, the "fish" of tripartite agreements have already been prepared there, the staff understands the specifics, etc.
But the third news is less pleasant: banks are trying to avoid responsibility. Therefore, in the agreement in any depository, there will be a reservation: the bank is not responsible for the authenticity of the documents submitted. Those. theoretically, the seller of the apartment can bring a fake copy of the contract of sale and get access to it by the cell. In fairness, we note that we do not know the real cases like this.
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