The price of renting a bank cell in a savings bank. The process of transferring funds through a safe deposit box and drawing up a contract of sale

19.10.2019

For security cash transfers when paying for an apartment, the parties to the transaction can make the settlement through bank deposit box with special access conditions. To do this, you need to contact any bank that provides depositary services and is convenient for the parties. You can book a bank safe (cell) and the time of the transaction on the eve of the transaction 2-3 days in advance. If you buy an apartment on a mortgage, then the deposit of money in the cell will take place in the bank that issues the loan.

A typical cell lease agreement is usually tripartite. It is concluded by a representative of the bank and the seller with the buyer. The Bank provides tenants with a safe for storing valuables during the lease term for a fee. The cost of bank services for renting a cell varies from 2.5 to 5 thousand rubles, depending on the lease term and the physical size of the cell (safe). Typically, this service buyer pays, and the check of the money that the buyer will put in the cell is paid by the seller. However, the parties may agree on a different distribution of payments.

The main feature of the bank safe lease agreement is that tenants are individually granted access to a safe deposit box in a different period, subject to certain conditions of access.

The parties can determine these access conditions independently, indicating this in the cell lease agreement. In the case of a mortgage loan, the creditor bank can form its own conditions for access to the cell for the seller of the apartment.

Conditions for access to the cell for the seller of the apartment with a simple sale, as a rule, the following are established:

General passport

Key to a safe deposit box

The original registered with the authorized body (in Moscow - the Federal Service for State Registration, Cadastre and Cartography in Moscow) of the contract for the sale of an apartment between the seller and the buyer.

If conditions for access to a bank safe are formed by the bank issuing mortgage for the purchase of an apartment, then to the specified list of documents for the seller may be added also:

The original certificate of state registration of the right or its notarized copy or an extract from the USRR for the sold apartment with a note on the mortgage

Seller's receipt Money from the buyer (original)

Receipt on the delivery of documents for state registration, confirming the delivery of the mortgage on the apartment for registration.

Salesman can withdraw money from the cell ONLY during the period of his admission to the cell, which in most cases is equal to the period of state registration of the sale and purchase agreement plus 5-7 days, PROVIDED ALL the conditions for admission specified in the cell lease agreement.

As a rule, banks in the cell lease indicate that they are not responsible for the authenticity of the documents provided, which are the conditions for access to the safe. But sometimes in the cell lease agreement you can find the following clause:

The BANK has the right:

Check the validity of the documents submitted for access to the Safe by any available means, as well as deny access until the existing doubts are resolved.

Buyer can withdraw money from the cell ONLY during the period of its access (from the moment the seller’s access expires until the end of the cell lease) under the following access conditions:

General passport

Key to a safe deposit box

PROVIDED that the seller did not receive access to the cell during his term.

If the seller or buyer cannot or does not plan to be present at the withdrawal of money from the safe in person, they may authorize their representatives (authorized persons). The bank must be notified in advance. Then the data about the representatives can be included in the lease of the safe deposit box.

Key to a safe deposit box is a condition of access both for the seller of the apartment in case of registration of the contract, and for the buyer in case of non-registration.

A safe deposit box is a safe for storing valuables. Such boxes can be used for safety, as well as for the transfer of securities, cash, jewelry, works of art.

Placing valuables in a safe deposit box is one of the most reliable ways to keep items safe.

Banks comply with high requirements for the creation safe conditions for storage, using special equipment and constant security to prevent unauthorized access.

There are two conditions for storing values in a cell:

a lease agreement under which the bank restricts access to the safe for unauthorized persons;
a storage agreement under which an inventory of items in a cell is carried out and the bank undertakes to ensure the safety and immutability of the contents.

To conclude a contract, you must have a passport and an amount equal to the rent. In some cases, a security deposit is required for the locker key.

Carrying out transactions through cells

One of the most common uses of a safe is to make payments through a safe deposit box. When performing various transactions, the use of a bank box allows you to ensure the reliability of the transaction and get rid of most of the known risks associated with the transfer of funds.

The peculiarity of using a safe in transactions is that funds or valuables are pledged by one party, after signing the contract, fulfilling all obligations, the second party gets access to the cell.

The conditions of the safe deposit box make it possible to avoid non-payment of funds by one party, or untimely receipt of them by the other party.

Apartment purchase

In the field of buying / selling real estate, paying for an apartment through a safe deposit box is one of the most common and reliable cash transactions. It is preferred by most market participants, minimizing the transfer of funds from account to account or cash transfers after signing the contract.

How does the payment scheme for buying an apartment through a safe deposit box work?

In order to avoid the risks associated with the loss of money in case of termination of the transaction, funds are not transferred in cash or through a current account after signing the contract. Instead, the amount is transferred for storage to a bank cell. When depositing funds into the safe, both the buyer and the seller are present. The seller fixes the exact amount of money, the correspondence of the amount with the price specified in the contract.

The peculiarity of the transaction lies in the fact that it is not considered to be fully completed until the right to property is registered.

Consideration of documents by the state authority takes at least 12 days from the date of submission.

There are various situations when a transaction is terminated during this period. If the money was transferred before applying to the Registration Chamber, and subsequently conditions arose under which the body did not register, it is practically impossible to return the money.

These features make settlements through a safe deposit box more transparent and reliable for both parties. A situation is created when the funds are transferred by the buyer, but not received by the seller. The receipt of funds by one or another party occurs after the decision of the registration authority.

Settlement through a safe deposit box is carried out with the conclusion of an agreement for the lease of a safe deposit box. In this agreement, the parties to the sale of real estate act as tenants of the safe, and the bank as the responsible party of storage is the lessor. The main terms of the contract is access to the safe. When laying money, the parties to the transaction related to the apartment are always present.

The seller of the apartment can use the funds only after the completion of the transaction, registration of ownership. He presents the relevant documents to bank employees and takes the money from the cell.

If the purchase is not made for one reason or another, the owner of the money has access to the cell after the expiration of the period specified in the access agreement by the seller. This is the procedure for calculating through a bank cell.

Operations in Sberbank

Payments can be made using the safes of any bank. Settlement through a safe deposit box of Sberbank is made taking into account the provision of individual settlements for real estate transactions.

The Bank provides for the procedure for renting a safe for real estate transactions. It provides for an agreement with two persons of the transaction, with the seller and the buyer. An additional service is provided for recalculating funds, which allows you to avoid disputes regarding the funds deposited.

Each party has contractual access, as well as joint access to the cell. The order of access for each participant in the transaction is specified in the cell agreement. A prerequisite for the seller's access to the safe is the provision of a transaction agreement marked by the Registration Chamber.

Any real estate transaction poses a certain risk for both parties involved - the seller and the buyer of an apartment or house.

The purchaser of housing becomes its owner not from the moment of signing and notarization, but from the moment of this transaction. The process of such registration on average takes a period of two to four weeks.

The seller may have some doubts about the solvency of the buyer, but he will not be able to check the financial position of the other party involved in the transaction until he becomes the full owner. There are also frequent cases of fraud, when the buyer completely disappears from the city without paying the seller.

To avoid such unpleasant moments, you need to use the services of a bank and transfer funds through the cell. This is one of the most reliable ways. The money invested in the cell (and often it is millions of rubles) serve as a guarantee that the parties will fulfill all obligations.

A cell in a bank is a special mini-vault in the form of a safe, in which you can put not only money, but also other valuables (for example, important papers, jewelry, works of art).

The placement of any valuables in such a cell is considered one of the most reliable and safest storage methods in the world. Every self-respecting bank that cares about its impeccable reputation uses security and technical means to avoid infringement on someone else's property.

Valuables are accepted for storage under special agreements after the client presents a passport. There are two storage methods:

On lease, when the cell becomes the property of the client for a while and the bank restricts access to it for third parties.
Under an agreement concluded for storage, when the values entrusted to the bank are described and it assumes obligations for their complete safety.

In addition to the passport, the client must have with him the amount to pay for the service in full.. In some cases, an additional fee may be charged for the key provided by the bank.

When carrying out transactions, one of the parties puts valuables or money into the cell immediately after the signing of the contract. And the second party gets access only after fulfilling all the conditions stipulated in the contract.

That is, the cell is already used at the stage of settlements with sellers, when a general agreement has already been reached and the parties are satisfied with mutual requirements. It should be noted that this is an optional procedure. The parties can either use the services of a reliable bank or refuse all guarantees, acting at their own risk.

Advantages and disadvantages

There are several significant advantages to conducting transactions through bank cells, which will be appreciated by both buyers and sellers of real estate.

This is:

Guaranteed Protection from canceling the transaction unilaterally, when one of the parties suddenly "changed its mind" to sell or buy an apartment (house).
A great opportunity to avoid fraud - attackers try to get away from communicating with banks.
Guarantee of state registration and full transfer of rights to property to a new owner.
A kind of protection from unscrupulous buyers - insolvent or who decide to pay with counterfeit banknotes.
Protection against recognition of this transaction as invalid after payment for the purchase.
Reasonable reinsurance against all kinds of risks.
Reducing the risks of the seller - the loss of an apartment or house as a result of dishonest or malicious behavior of the buyer is excluded.

To conditional deficiencies can be attributed:

the need to go through a special procedure for signing a separate agreement with the bank (this takes time);
the need to deposit funds for rent (on average, this is 30 rubles per day);
making an additional deposit in case the key is lost (not valid in all banks!);
the need to find a bank with favorable conditions for storing valuables;
the inability to cancel the transaction in case of force majeure.

Which Russian banks offer services?

As a rule, this type of banking services is offered by many well-known and popular banking institutions:

"Rosbank" (provides for booking a cell via the Internet, which saves time for potential customers);
(the cost depends on the dimensions of the cell, the smallest safe will cost an average of 2,400 rubles per month);
(the most expensive tariff is valid in the capital - from 135 rubles per day of storage, the client is provided with two sets of keys);
Promsvyazbank (discounts of 20% of the rental price are provided for regular customers);
(beneficial with preferential lease terms - if the transaction still did not take place, within a week, after the end of the banking agreement, money can be stored in a safe deposit box for free).

What should you pay attention to?

When conducting a transaction through a cell, you must adhere to the general algorithm of actions:

At the first stage, a suitable bank is selected, and an agreement is concluded with the buyer at the notary.
Then money is paid - 100% of the cost of the house or apartment, with the exception of the advance payment, if it has already been paid. The keys are given to the seller, with them he comes to the bank after the transaction is completed.
At the third stage, registration is made in the state register, and the buyer becomes the full owner.
The seller with confirmation of registration applies to the bank and he is given access to the cell.

Sometimes two cells are rented at once: the buyer's money is stored in one, and the seller's receipt, given after signing the contract for the sale of property, is stored in the second. After registration, the parties exchange keys.

In this case, there is no misunderstanding and the need to "run after each other."

If the key is lost, the cell is opened in the presence of the seller and the buyer. And if the agreement is not registered within the specified period, each of the parties can take the valuables entrusted to the bank for storage.

But even when working through a bank, the seller should not lose vigilance! The timing of access for both parties should be controlled (sometimes from day 21, the buyer receives access, who deliberately delayed registration - in this case, the seller is left without documents confirming the right to money, and without his real estate).

Real estate transactions are always dealing with multi-million dollar sums. And in the real estate market there are a lot of scammers, swindlers and other "dishonest" people.

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The issue of the security of settlements cannot be treated irresponsibly - after all, it will depend on whether the transaction ends successfully or another victim will fall into the treasury of the victims of the next deceivers?

At what point does it happen

One of the main issues in real estate transactions is the time when funds are transferred from one party to another. Money can be transferred both before the transaction is completed in Rosreestr, and after, however, there are some nuances here.

So, for the seller, the most acceptable option is when the buyer pays the sale price even before the apartment changes its owner.

In addition, the seller insures himself against the risks of being deceived. After all, after the change of ownership, the “reverse” procedure can be carried out only through the court - if the transaction is recognized as invalid.

If the buyer appears to be in good faith, the timing of the transfer of funds is essentially irrelevant. Of course, there is a possibility that after receiving the funds, the seller will refuse to continue the transaction. Fortunately, there are few such cases.

Thus, two small conclusions can be drawn:

it is desirable that the transfer of money is carried out after the signing of the DCT, but before the state registration of property rights;
if the buyer evades payment in every possible way before the state registration of ownership, there is a risk that this is a fraudster who is simply not going to give money back.

rules

The rules for transferring funds for an apartment depend on the market where the residential property is purchased, as well as on some other conditions:

If the transaction takes place on the primary real estate market, then the parties are the buyer and the developer (physical and entity respectively). Usually, payments in this case are carried out by bank transfer, however, cash can also be deposited through the developer's cash desk. The method of transfer of funds is chosen by the developer, and the buyer can influence this only in rare cases.
Since 2019, for DDUs (participation agreements), the legislation provides for an alternative settlement scheme - through escrow accounts. In the presented case, the money is also transferred by bank transfer, but not directly to the developer, but to a special current account.
If the transaction is carried out on the secondary market, it is generally accepted to pay in cash, but this is the least secure way.

To complete a successful transaction without the risk of being deceived, it is better to use safe methods calculations, for example:

through a safe deposit box in a bank;
letter of credit;
through a notarial deposit.

How is the transfer of money when selling an apartment

Consider what methods exist, and which of them are the most acceptable and safe for both parties to the transaction.

Via bank account

The most popular method of transferring funds for a purchase is cash, but without direct transfer of money “into the hands” of the seller, but with the help of a special cell in the bank.

The procedure for renting and using a cell is maximally adapted to various real estate transactions, including multi-stage ones.

The safe box is a safe small sizes comparable to a box desk located in a special bank vault - depository.

The credit institution provides cell rental services for an unlimited period. At the same time, the credit institution does not control what exactly the tenant will put in the cell.

The banking institution only ensures the protection of the cell and control over access to it. Thus, complete confidentiality is guaranteed when transferring funds.

A safe deposit box tenant is usually a real estate buyer. He also lays the money in the amount set by the seller in the safe.

The seller can withdraw funds only if the conditions specified in the add. agreement to the safe deposit box lease agreement. The agreement is concluded between 3 parties - the buyer, the seller and the bank.

In an additional agreement, the parties may prescribe specific conditions for access to the cell for each person.

For example, for the seller, specific terms and documents must be indicated that must be presented to the bank in order to withdraw money from the safe. If the apartment does not change its owner within the specified time, the buyer will be able to collect his money.

As a rule, confirmation for the bank of the transfer of ownership is the seller's passport and the sale and purchase agreement with the Rosreestr's mark that the transaction has passed state registration.

The parties may also determine additional conditions for the seller's access to the safe deposit box. For example, indicate an extract from the house book that is mandatory for submission, confirming the absence of registered persons in.

Through a notary

The law, in particular, art. 327 of the Civil Code of the Russian Federation provides for the possibility of debtors under a monetary obligation to deposit funds on a notary's deposit.

Based on part 1.1. of this article, an agreement between the creditor and the debtor may provide for the condition that the debtor (who is also the buyer of the apartment) is obliged to fulfill the obligation to pay the sale price only by depositing funds on a notary deposit.

So in order to apply this way settlements, the parties to the transaction must indicate in the DCT so that the settlements will be made by means of a notary deposit.

How are payments made through a notary? The buyer of the apartment simply visits the notary at the place of the transaction and gives the money either in cash or through bank transfer.

The notary accepts money and stores it until the creditor (the seller of the apartment) fulfills the conditions for state registration of the transaction.

The notary does not keep money in his office. Regardless of the method of their transfer by the buyer, they are on the bank account of the notary.

Please note that the Civil Code of the Russian Federation allows the buyer to withdraw funds from the notary's deposit at any time.

Thus, the parties to the contract must necessarily indicate a condition in the agreement on specific cases when the buyer can withdraw money from the notary's deposit in order to avoid misunderstandings.

On the day of the deal

Typically, same day settlement is a cash settlement method. However, it is recommended to use such a “old-fashioned” method only in extreme cases and with 100% confidence in the integrity of the counterparty.

Cash payments are quite common if the transaction is carried out, for example, between close relatives or friends.

Risks existing in cash settlement:

the need to transport a large amount of money from place to place;
deceit and fraud when counting banknotes;
transfer of counterfeit banknotes.

From account to account

The parties to the process can use another, but less popular way (compared to a safe deposit box) - a letter of credit.

A letter of credit is a service provided by a credit institution for the transfer of funds from the account of the buyer of an apartment to the account of the seller upon presentation by the seller of documents certifying the transaction.

A safe deposit box and a letter of credit are almost identical ways to transfer money, with one exception. A letter of credit is a non-cash payment, and a safe deposit box is cash.

By mortgage

In cases where a potential buyer takes a mortgage to purchase a dwelling, the correctness and legality of the calculations are controlled by the creditor bank, because it is a priori interested in the safety of borrowed funds.

Depending on the particular bank, settlements can be carried out both through a safe deposit box and through a letter of credit.

If settlements are made through a deposit box, the creditor bank may request additional package documentation that provides the seller with access to the safe.

Such documents can be:

extract from the USRR confirming the transfer of ownership;

receipt of money;
a certificate from the Regchamber on the acceptance of a package of documents for state registration, etc.

Basic Mistakes

The main mistakes that the parties make when carrying out transactions with the transfer of funds when buying and selling real estate:

Choosing the wrong way to transfer money.

An ordinary citizen hardly has to buy something more expensive than an apartment in his life. Is it a joke - the cheapest odnushka in Moscow costs 5 million rubles? When it comes to this kind of money, the issue of security comes to the fore. Today we'll talk about most safe way calculations in cash using a depository bank cell (safe).

Is cash a bad thing or a good thing?

Over 95% of housing transactions are carried out using cash. There are many advantages to this method for both the seller and the buyer. Salesman apartment sees real money, has the opportunity to touch it, check it and count it. In addition, if the transaction takes place with an underestimation of the cost of the apartment in the contract of sale, then when paying in cash, it will not “light up” anywhere how much the seller actually received.

Buyer when paying in cash, there is also no need to explain to anyone where he got the amount to buy an apartment and how this capital was received. Of the obvious disadvantages is the increased danger when transporting large amounts and the need to check banknotes, which, by the way, is most often paid by the seller, as a person interested in checking.

The main difficulty in cash payments for an apartment is that formally the transfer of ownership of the apartment from the seller to the buyer is carried out at the time of state registration of the contract of sale apartments. And state registration, in turn, is carried out on the 12th day from the date of submission of a set of documents to the registering authority (on 5th in case of a mortgage). The question arises: when to send money?

If you do it before signing contract for the sale of an apartment, then the seller, having received the money, may refuse to state registration of the contract of sale or simply hide, and the buyer may be left without money and without an apartment. If the transfer of money after state registration contract for the sale of an apartment, then the buyer may refuse to pay for the contract (well, I don’t have money now, come on later?) Or disappear altogether. Then the seller may be left without money and without an apartment.

Exit: settlement through a depositary bank cell.

The solution to the problem of transferring cash when selling an apartment is that the amount of money is reserved for the period of state registration of the contract for the sale of an apartment, and the seller gets access to it if the transfer of rights has occurred, or the buyer if the sale has not happened. It's possible when paying using a cell (safe deposit box) rented from a bank.

The essence of this method of payment is that when signing a contract of sale buyer puts the money in a safe rented from the bank on special terms, the amount to be transferred to the buyer. As a rule, the rental period of a bank cell is 1 month, with the period of state registration from 5 to 10 working days. So next day within a period equal to the period of registration of the sales contract plus 5-7 days, the seller can access to a safe deposit box in the presence of a registered contract for the sale of an apartment in order to collect money for the sold (contract registered) apartment.

At the end of this period and before the end of the lease term of the bank cell the buyer can access the safe to withdraw your money in the event that the state registration of the sale and purchase agreement has not occurred. This can happen if one of the parties evades registration (did not appear at the registration chamber, did not give a power of attorney to submit documents for registration, wrote an application for suspension or refusal of registration) or the registration chamber suspended registration or refused it ( due to errors in the documents, inconsistency of information, incompleteness of the package of documents submitted for registration).

schematically payment via bank account presented below:

As can be seen from the diagram, the terms of access to the cell for the seller and for the buyer do not overlap. However, most cell lease agreements provide for joint access between the parties. This means that if both parties to the transaction came to the bank and expressed a joint desire to open a cell on any of the days of the term, then they will be able to get access. This can be useful if, as a result of force majeure, after placing money in the cell, the parties refused the transaction, and the buyer needs to withdraw his money from the cell without waiting for the period of his access.

The terms of the access of the parties to the cell, as well as the specialized conditions for access, are reflected in the lease agreement for the bank cell. We will talk about a typical bank cell lease agreement and its features in the next article.