How can a lawyer who buys a second-hand house help?

The role of intermediary and lawyer is different. Intermediaries support you, and lawyers only serve you. The main work of second-hand housing lawyers is:

First, lawyers should fully grasp all the information of the transaction house.

In order to protect the buyer's right to know, the lawyer should prompt the buyer to let the seller fully state the property rights and other information of the house for sale, which should be true, accurate and complete, including but not limited to:

(1) Is there a house ownership certificate and a land use right certificate?

As far as Beijing is concerned, some properties have two certificates, namely, house ownership certificate and land use right certificate, but more are just house ownership certificate. This is mainly determined by the ownership of land. If the building land is owned by the municipal government, there are two certificates. If it is owned by the county government, only one certificate will be issued. But in any case, the house ownership certificate-commonly known as the house book-is essential. Although it's cheap, it's best not to buy a house without a household registration book or a house with rural property rights.

(2) Does the house meet the conditions for listing and trading?

Whether it belongs to the property whose transfer is prohibited or restricted by law.

(three) other important information related to housing transactions.

1. The nature of the house, whether it is an ordinary house or an unusual house. Because this will affect the transfer tax burden, the deed tax of non-ordinary housing is 3% of the transaction price, and that of ordinary housing is1.5%; Non-ordinary houses are subject to 1% land value-added tax, while ordinary houses are not.

2. The year when the house was built. Because this will affect the market evaluation value of the house and the amount of bank loans. The maximum useful life of the land is 70 years, and the house also has a life. The earlier the house is built, the less valuable it is, and the lower the bank loan amount.

3. Has it been five years since the last transaction? Because this will affect whether the transfer needs to pay 5.5% business tax. According to the relevant regulations, since June 1 2006, if the house has been purchased for less than 5 years, the business tax will be levied in full according to the income from the sale of the house; Individuals who buy ordinary houses for more than 5 years (including 5 years) and change hands are exempt from business tax when selling; Individuals who have purchased non-ordinary houses for more than 5 years (including 5 years) and changed hands, when selling, shall be subject to business tax according to the difference between the income from the sale of houses and the purchase price. It should be noted that this is not the starting point of the five-year period when the house is built, but the tax payment certificate of the last transaction. Although some rooms are more than 5 years old, they have changed hands several times, less than 5 years since the last transaction, and still need to pay business tax.

4. Whether the house for sale has * * * owners. According to the law, houses are owned by two or more people and can only be sold with the consent of the owner. The name, number and ownership certificate number of * * * will generally be recorded in the column of * * * occupied in the room. However, there is also one of the most common * * * cases, which are often not recorded indoors. This is the joint property of husband and wife. During the marriage relationship, the property purchased in the name of one party also belongs to the same property. This requires lawyers to ask the seller's marital status, whether it belongs to the joint property of husband and wife, and whether the spouse agrees to sell it.

5. Is the house mortgaged? If the mortgage loan of the house for sale is not paid off, the ownership cannot be transferred, which requires the seller to pay off all the loans first and go through the mortgage cancellation registration. In practice, the seller sometimes asks the buyer to help him pay back the money, which makes the buyer more risky. Therefore, buyers must find out whether the house is mortgaged and how many loans have not been repaid, and then decide which payment method to adopt and how to sign a contract to ensure the safety of the transaction.

6. Whether the house has been rented. According to the law, if the rented house is to be sold, the lessee has two rights. One is the preemptive right, that is, the right to purchase houses at the same price. Second, it advocates that "the sale does not break the lease", that is, the lessee gives up the preemptive right and has the right to continue to request the lease of the house before the lease period expires.

Two, lawyers should review the authenticity of relevant information.

(a) to examine whether the identity of the seller is true.

(two) to review whether the house ownership certificate is true.

The Property Law stipulates that the buyer, as an interested party in the house transaction, has the right to apply to the real estate registration agency for inquiring and copying the registration information. This registration agency is the real estate trading center of each district and county. Lawyers should focus on the owner's name, year of construction, * * * owner, mortgage status, time of last transaction, whether there is any record of seizure or freezing, and verify whether it is consistent with the seller's statement.

(three) to examine whether the qualification of the brokerage company is qualified.

Three, the lawyer should formulate a careful deposit contract or deposit terms.

Four, to participate in the development of housing sales contracts, drafting supplementary agreements.

The second-hand house sales contract, the scientific name of which is "the stock house sales contract", is the most important legal document in the process of second-hand house sales, and lawyers must participate in it in order to promptly remind the buyer of the legal risks and provide suggestions for revision. The final conclusion of the contract between the buyer and the seller is the result of the game between the two sides. If the buyer's lawyer only emphasizes protecting the rights and interests of his clients, it is unrealistic and will only lead to the negotiation ending in discord. Therefore, lawyers should not only ensure the buyer's transaction safety, but also consider how to make the seller and intermediary accept it, which requires high on-the-spot adaptability and practical skills.

In practice, sales contracts are often provided by intermediaries. The Beijing Municipal Construction Committee and the Industrial and Commercial Bureau jointly formulated the model text of the Beijing stock house sales contract, which is too complicated and not suitable. Some buyers' lawyers advocate that he unilaterally draft contracts, which are often strongly opposed by sellers and intermediaries. Therefore, it is impossible for lawyers to re-create the original contract text. In this case, my solution is: the lawyer draws up a detailed draft contract in advance, which is conducive to protecting the interests of the buyer and embodying the principle of fairness. Learn this draft by heart and don't show it to others. Then, quickly browse the contract text provided by the intermediary or seller, and find out the imperfections or deficiencies of the other party's contract text in the shortest time. Finally, a written supplementary agreement scheme to modify and improve the sales contract is put forward, and a supplementary agreement is required to be signed at the same time as the sales contract is reached. This practice is generally accepted by the intermediary and the seller, which is similar to the actual effect of the contract text provided by the buyer's lawyer. However, this method has higher requirements for lawyers.

Five, to assist in the loan, transfer and housing handover procedures.