Several problems in buying a house for the first time

1, fifteen tricks for house negotiation

(1) Leave yourself room for bargaining. If you are a buyer, bid lower. But you can't bargain at random, and the price must be within a reasonable range.

(2) Let the other person speak first, let him show all the requirements, and hide his own views first.

(3) Let the other side make concessions on important issues first. If you want, you can also make concessions on fewer issues first.

(4) Let the other person strive for everything he can get, because people will not cherish what is easy to get.

Don't give in too quickly, it's better to give in later, because the longer he waits, the more he will cherish it.

(6) Concessions at the same level are unnecessary. For example, if the other party gives you 60%, you can give him 40%. If the other person says you want to give me 60%, you can say, I can't afford to refuse the other person.

(7) Don't make unnecessary concessions, you can get some benefits from each other every time you make concessions.

(8) Sometimes you might as well make some concessions without any loss to you.

(9) Remember "I'll think about it", which is also a concession.

(10) If you can't eat a big meal, try a sandwich; If you can't eat sandwiches, at least get a promise.

Don't take it lightly, remember that every concession contains your profit.

Don't be embarrassed to say "no". Most people dare not say "no". In fact, if you say enough, he will believe that you are really saying "no". So be patient and consistent.

(13) Don't cheat. Although we have made concessions, we should always maintain the overall favorable situation.

If you want to go back on your word after making a concession, don't be embarrassed, because that's not an agreement, and everything can be started again.

(15) Don't make too many concessions too soon, lest the other party insist on the original price too much; In the process of negotiation, we should always pay attention to the quantity and degree of concessions made by the other party.

2, pay attention to the problem:

Apart from location, noise and apartment type, does the developer have five certificates (these of course include appreciation potential)?

Property management can not be ignored, but also choose the best "cost performance".

1, the builder's reputation. Buying a new house will face some risks, such as: the builder is bankrupt and missing, which cannot be recovered; The delivery date is delayed again and again, or even the contract is cancelled; The delivery is wrong, the quality meets the requirements and so on.

2. Don't be fooled by the builder's model house. You know, beauty is posted with money. What you feel in the model room should be whether the structure is appropriate and the size is appropriate. You should calculate the cost of the update.

3. Architects like to use their own purchase contracts, and the main protection object of the clauses is themselves. Only by hiring real estate agents and lawyers can the rights and interests of buyers be more guaranteed.

It is essential to inspect the new house. The inspection of the new house focuses on the interior. Home inspector will check whether there are any unfinished items, omissions and quality problems. The equipment, piping system, ventilation system, heating and insulation system of the new house will be comprehensively inspected, and detailed records will be made on the completion acceptance certificate and quality assurance book. It will also inform the new house of the contents of the one-year, two-year and seven-year warranty. All these records are the basis for negotiating unfinished matters and quality problems with the builder.

Many builders are not allowed to sell their new houses publicly before delivery. Before the new house is built, we should consider the measures we should take if our work and family situation change. If you invest in buying a new house, you should pay more attention to the possibility of speculation.

6. Choose an experienced broker, the new house is not negotiable, and someone helps, so why not!

1, for this garden and that garden carefully selected by the developer, it depends on the project and should not be confused. It should be regarded as Room 1 and Room 2, and should not be subjectively or misled into thinking that it is a certain garden.

2, will look at the geographical location All real estate advertisements will draw a schematic diagram of the location, and the more they draw, the more artistic they seem to be adjacent.

Rivers and lakes, mountains and rivers. Actually, it may be dozens of miles away. Only by checking the coordinates and searching on the real map will you know the real location of this property.

3, look at the price buyers should understand whether it is the average price or the starting price. If it is the starting price, it is the lowest price of the real estate house, and the actual price will rise due to factors such as floor, orientation, apartment type and construction progress. Of course, when no one buys it, the property price will also be lowered.

4, can distinguish the appearance map, you have to see the beautiful appearance map, whether it is a real map or an effect map, don't take the latter as the present, the effect map is made by the computer, don't take it seriously. Otherwise, you will be disappointed.

5. Don't be fascinated by the floor plan. The floor plan is attractive to buyers, but you should not be fascinated by it, you have to see it yourself. Because the scale of some floor plans is obviously inappropriate, it feels much more empty than in the actual measurement.

6. Understand that developers buying houses and watching real estate advertisements must understand whether the development enterprises or other participating project units are trustworthy. Don't buy a house easily if you don't understand.

7. Don't be blinded by the discount. At present, all real estate advertisements have the advantages and discounts of the project, but they never see the weaknesses and disadvantages of the project. You have to think about whether it's true or not. Don't be confused by such words as "it's now or never", and don't be moved by various discounts.

8. The qualification number is very important. If there is no qualification number on the advertisement, it means that you can't buy property rights. Granting property rights is a kind of government behavior, and the verbal "guarantee" of developers is unreliable.

9. Look at the mortgage carefully and calculate the cost-effectiveness. Buyers choose the payment method according to their own economic situation. Many advertisements will indicate which bank to mortgage, how many years and how much. Ask experts to consult the loan policy and knowledge, and then carefully calculate which way is cost-effective.

10. Don't forget that there are many promises about greening, property and security in other advertisements. Don't forget these contents when signing the contract. Repeatedly

2. Legal issues involved in the process of buying a house.

As a property buyer, this is a very important issue in the lives of ordinary people, that is to say, you have to settle down before you can work in peace. Therefore, for ordinary people, buying a set of satisfactory housing is a very important issue. But there are many problems in the process of buying a house, which are disclosed in newspapers or other news media from time to time. In fact, many problems should be said that many problems can be avoided if buyers are more cautious and have a better understanding of the knowledge of buying houses.

Individuals in the purchase, generally divided into three stages.

First, before buying a house, buyers should first carefully choose a property project, that is, what kind of house you are going to buy. First of all, you should consider its geographical location, apartment type and surrounding environment. It is very important to know the credit standing of developers, that is to say, buyers should have some basic understanding of the property projects you choose before buying a house. One of the basic understandings is to understand the credit status of developers. In what ways will I talk about the credit of developers?

Second, sign a subscription book and a contract for the sale of goods, including signing supplementary terms. Property buyers should pay attention to the inspection of five certificates when signing subscription books and commercial housing sales contracts. What do you mean by five certificates? I'll talk about it later. Pay the deposit, sign the confirmation letter, choose the payment method, sign the commercial housing sales contract, then pay the purchase price and register the sale or pre-sale, which is the second stage in the purchase.

Third, the delivery of the house and the registration of property rights refer to that the developer signs the "two books" after completing the registration, accepts the property and handles the property right certificate.

Specifically, it involves some legal issues.

First, how to read the sales brochure. Sales brochures are usually advertisements made by developers. When reading the sales brochure, we should first pay attention to whether there is a pre-sale permit for commercial housing in the sales brochure, which is an important standard to measure the qualification of developers. In order to confirm the authenticity of the pre-sale permit, people can check whether the real estate developer is worthy of the name and whether there is a pre-sale permit through online inquiry and inspection. Secondly, according to your own requirements, you can review the appearance of the sales brochure, the overall layout of the community, price, location, room type, planning facilities, preferential conditions, investors, etc., and decide whether to buy it. When reading, it is necessary to clarify the advertising information in the sales brochure. Some developers will explain it in some vague ways, such as how many minutes' drive, 10 minutes' drive and 5 minutes' drive, to show how suitable and superior its location is. Then the scalability of this 5-minute drive and 10 minute drive is very large. Do you drive a car or a bus? What is the speed? However, this situation is common in sales brochures, so we should pay special attention to it.

How to ensure the legal effect of the contents of the sales brochure? I'm really interested after seeing the sales brochure, but I'm afraid that after I finally buy a house, it won't be as wonderful as described in the sales brochure? What do we do According to the law, in order to legally guarantee the legal effect of the sales brochure itself, the contents of the sales brochure must be clearly written into the subsequent commercial housing sales contract, which is required by law. If I just believe that the property described in the sales brochure has a beautiful environment, such a good apartment and such a good location, and want to ensure and constrain the developers to fulfill their obligations according to the sales brochure, I will write the contents of the sales brochure into the contract. In this case, once the developer fails to fulfill his obligations according to the terms of the sales contract, he will bear the responsibility.

After the inspection of the sales brochure is completed, it is necessary to sign the subscription book and pay the deposit to remind the buyers to pay attention to the difference between the deposit and the deposit on the subscription book. Deposit is a special legal concept, its purpose is to guarantee the establishment and performance of the contract, and deposit has specific rules. It has a specific legal connotation, that is, the person who pays the deposit has no right to demand the return of the deposit, and the person who receives the deposit should return the deposit twice. The deposit is not a guarantee for the contract, but only a guarantee. This is called paying a deposit. People who fail to perform their debts can ask for the return of the deposit. Therefore, the deposit written in the subscription book must be distinguished because there are different legal concepts. Usually, real estate developers will have such clauses in the subscription book, and buying a house should start from the date of signing the subscription book, otherwise it will not be returned.

It is suggested that when the buyers sign the subscription book, change this clause to how many days after signing the subscription book, and then discuss the formal contract with the seller. If the contract cannot be signed due to differences in the terms of the contract, the deposit received shall be refunded. This should be more beneficial to buyers.

Within a few days after the subscription book is signed, you should sign a sales contract with the real estate developer. You should be very cautious when signing a sales contract, because the sale reflects the rights and obligations of the buyer. Once there is a dispute with the real estate developer in the future, the purchase contract is the most important basis and certificate to solve the differences between the two sides. Therefore, before signing the contract, property buyers need to carefully review the qualifications and "five certificates" of developers. If it is an existing house, the developer does not need to apply for a sales license according to the regulations, but should go through the examination and approval procedures in the property right certificate and register with the property right registration department. When handling the real estate license, you must see whether the house sold by the developer includes the house you want to buy.

Five certificates, one is the construction land planning permit, the other is the construction project planning permit, the third is the construction project commencement permit, the fourth is the state-owned land use permit, and the fifth is the pre-sale permit of commercial housing, referred to as "five certificates". Among them, the first two certificates are issued by the Municipal Planning Commission, the construction city by the Municipal Construction Committee, and the state-owned land use certificate and the pre-sale permit of commercial housing by the Municipal Bureau of Land Resources and Housing Management.

So what do you think of the "five certificates"? I'll give you an idea. The most important of these five certificates is to look at two certificates, one is the state-owned land use certificate and the other is the pre-sale permit. Both certificates should be issued. If you take a good look, there will generally be no problem, especially the pre-sale permit. What needs to be reminded in particular is that property buyers must look at the original when viewing the five certificates, and the copy is easy to be cheated. Before signing the contract, you should see clearly whether the house you bought in advance is within the pre-sale scope to ensure the smooth handling of the property right certificate in the future.

If you buy a house, you have to check or check "two copies". What are two books? The two books are two legal documents provided by the developer after notifying the buyers to move in after the completion acceptance. One is the residential quality guarantee, and the other is the residential instruction manual. The residential quality guarantee usually includes the registration verified by the engineering quality supervision department and the warranty responsibility undertaken within the service life. Under normal use, the warranty period of each component, such as waterproof for three years, wall and pipeline leakage for one year, wall plastering for one year, and large-scale sand removal for one year, includes heating and cooling systems and other equipment, sanitary wares, switches and so on. The warranty time of other parts or components can be agreed by real estate developers and users.

Generally, the instructions for residential use should include descriptions of the development unit, design unit, construction unit and entrusted supervision unit, structural types of residential buildings, matters needing attention in decoration, configuration of facilities such as water, sewage, electricity, gas burner and fire fighting, as well as the use of doors and windows, power distribution load, load-bearing walls, insulation walls, balconies and other issues that need to be explained. Unless otherwise specified by the manufacturer, it shall be attached to the residential use instruction.

In other words, a complete set of housing legal documents, in the process of buying a house to check the five cards, while closing the house to have two books. More importantly, the title certificate. If you get the title certificate, all the legal documents for the full purchase should be complete.

In the process of buying a house, there is still a problem. In some cases, when to sign a contract to restrict the sale of a house and when to sign a pre-sale contract. The sales restriction contract means that the house you want to buy has been completed, accepted and delivered to the commercial house. At this point, the developer and the buyer signed a real estate sales restriction contract. If the house you bought has not been completed and accepted, it is an auction house. Sign the house pre-sale contract at this time.

There are three methods to calculate the sales area of commercial housing. One is priced according to the suite, the other is priced according to the construction area, and the other is priced according to the interior construction area. Usually, the method of pricing according to the interior area is rarely used, and it is usually calculated according to the construction area, which refers to the peripheral line of the living area. Generally, the sales area of commercial housing is the sum of the interior sales area and the shared public area, but the interior use area is the most useful for buyers, because this area is really usable by buyers. Therefore, when signing the commercial housing sales contract, we must clearly write the interior construction area and pool area.

Therefore, when buying a house, buyers pay special attention to the area. It is necessary to clearly and truly write down my own use area and shared public area in the contract, so as to effectively avoid the disadvantages brought to consumers by the shrinking use area.

How to deal with the area error in the process of buying a house? Usually, in the standard commercial housing sales contract, there are two ways to deal with the area difference. One is that both parties agree on their own, as long as the interior area of the suite does not exceed 1% or 0.5%, both parties agree on it. What if there is more or less? Usually, the housing sales contracts provided by real estate developers are not like this, and there is an absolute ratio, usually 3%. If the absolute value of the area error ratio is less than 3%, it is usually agreed to settle the house payment according to the facts. If the absolute value of the area error ratio exceeds 3%, the buyer or purchaser or the agreed developer shall bear the corresponding liability for breach of contract. Of course, if the agreement is so clear, the absolute value of the area error ratio is within 3% and does not exceed the actual settlement price, which is still acceptable. If it is exceeded, the developer must bear the responsibility for breach of contract and allow the buyers to return a house. One more question. In commercial housing sales contracts, there are usually force majeure clauses. In the commercial housing sales contract, the developer's excuse for delaying delivery is generally force majeure. According to China's regulations, force majeure should refer to unforeseeable, unavoidable and insurmountable objective conditions, such as earthquakes and floods. This unforeseeable, unavoidable and insurmountable objective situation can exempt the developer from the responsibility of delaying the delivery of the house, that is to say, exemption. If this is not the case, it cannot be agreed as force majeure. General developers usually expand the scope of force majeure. For example, they encounter unusual difficulties or major accidents in the construction process, such as laws and regulations promulgated by the government after the contract is different from the original, such as the approval of construction facilities, installation delay, etc., which are considered as force majeure. From a legal point of view, we feel unfair to property buyers, which is equivalent to expanding the scope of force majeure. Therefore, it is suggested that buyers only need to grasp three conditions for the force majeure clause, that is, in the case of unforeseeable, inevitable and insurmountable, the agreement will not be expanded within the minimum scope. When the delivery is delayed after expansion, he can say that I am free of charge.

There is also a basic question, who signed the purchase contract? Quite simply, signing a house purchase contract should be a contract with a real estate developer. However, at present, some developers often entrust some intermediaries to be responsible for their sales activities. Intermediaries can't directly sign sales contracts with property buyers without the signature of the developer, which means that intermediaries can't sign contracts in his name. When signing a contract, we should grasp that it is a developer, and don't entrust an intermediary company to sign a contract in its own name. Another tip, when signing commercial housing sales contracts, we should pay attention to some proportional figures. For example, whether the liquidated damages are a few thousandths or a few ten thousandths or a few percent, these proportions must be paid attention to as buyers. If one percentage point is missing, many things will be much worse.

When buying and selling, one is to sign a subscription book, and the other is to sign a house purchase contract. There are supplementary provisions in the purchase contract. This supplementary agreement is often not stipulated in the purchase contract, usually stipulated in the supplementary terms. What buyers need to be reminded is that the supplementary terms are more important to some extent than those agreed in the house sales contract, because the supplementary terms are agreed according to different specific conditions of different projects. Therefore, we should grasp several issues when signing supplementary terms.

First, the contents of advertisements such as sales brochures should be clearly written into supplementary agreements, which is a very important way to safeguard the legitimate rights and interests of property buyers.

The second is to clarify the time for handling housing ownership certificates. Because the sales contract usually doesn't say how long it will take to complete the title certificate, it is usually agreed in the supplementary terms.

Third, it is necessary to clarify the responsibilities of both parties to the mortgage failure. Buying a house now generally requires a mortgage. In fact, in some cases, the mortgage loan has not been completed. The reasons for not doing it are complicated, including property buyers, real estate developers, even banks, and some are comprehensive. It is necessary to clarify what the respective responsibilities of both parties are if they cannot apply for a mortgage.

Fourth, define the shared floor area. At present, the most controversial issue is the allocation of the pool area. Some developers often make a fuss about the pool, so it is necessary to make a clear agreement with the developers, not only to have a rough pool area figure, but also to agree on which part of the pool to determine the location of the pool. Now there are many gifts for this and that, in fact, sometimes they are common fields.

Fifth, the decoration standards should be clear. After the gradual real estate development project is refined decoration, the standard of decoration must be clear. For example, the standard of decoration should not be vague, such as imported materials and advanced materials, but it must be clear what brand to use, even including color.

Sixth, clear check-out responsibility. After receiving the notice of occupancy, buyers often spend some money to decorate their houses, such as buying home appliances. But once the check-out is the reason of the developer, it is necessary to clarify what kind of responsibility the developer is and return it to the developer within a certain date, even including bank interest and fines.

Finally, whether property buyers need to hire a lawyer when buying commercial housing. The sale of commercial housing involves a lot of professional legal knowledge, and it is difficult for ordinary buyers to understand these problems at once. Therefore, in order to reduce the risk and prevent the trap in the sales contract, it is suggested that the buyers hire a lawyer in the process of buying a house and ask a lawyer to handle related matters. Although some fees will be paid, the risk will be reduced.

Please refer to: /choose/index.html for room selection.

Please see the signing of the contract:/Contract/This problem is complicated. Be careful! It is not difficult to write these questions into the contract.

Matters needing attention in signing the contract:

1, used by the club at the same time. Otherwise, nothing;

2, the lobby specifications

3, advertising as an attachment

4, floor description

5. How long does the title certificate last?

6. Copy and attach all relevant documents.

7. Original power of attorney of the signatory

8. Check the Measures for the Administration of Commercial Housing Sales.

9. The area measurement certificate is required.

10, review the developer qualification and sales qualification.

1 1, exclusive right of above-ground property, building structure, apartment type, interior construction area, pool area, price and payment term, delivery time of property ownership certificate, quality terms, warranty responsibility and other key contents need to be treated with caution.

12. If you plan to buy an auction house through bank mortgage, you should consider the failure of the loan, because the bank should not only review the construction of the building, but also review the lender's credit standing and repayment ability before lending. Therefore, it is stipulated in the supplementary agreement in advance that the failure of the loan can terminate the sales contract, which can save a lot of trouble and the purchaser will not spend energy to recover the down payment already paid.

13. 1. If the absolute value of the area error ratio is less than 3% (including 3%), the house price shall be settled according to the facts; 2. When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the Buyer cancels the house purchase, the Seller shall return the paid house price to the Buyer within 30 days upon the Buyer's cancellation of the house purchase, and pay the interest on the paid house price. If the Buyer refuses to return the house, and the registered area of property rights is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; More than 3% of the house price is borne by the real estate development enterprise, and the property right belongs to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The absolute value of the house price exceeding 3% shall be returned to the buyer by the real estate development enterprise twice.

14. Both parties may also stipulate in the contract that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, or agree on the calculation method of the amount of damages for breach of contract.

15, central garden community, swimming pool confirmed into the contract.

16, check five certificates, land use certificate, construction land planning permit, construction project planning permit, construction project commencement permit, and pre-sale permit for commercial housing. Whether to transfer the land, land approval documents, holding the construction project planning permit and the construction permit of 1 State-owned land use right certificate, which proves that the developer has obtained the land use right according to law and paid the land transfer fee;

2. Construction project planning permit, and the planning of the house has been approved by the planning department;

3. Construction land planning permit, allowing the development and construction of this project on this land;

4. Construction project commencement permit, allowing the project to start construction;

5. Sales license, allowing the sale of houses.

The developer guarantees that the above five certificates are authentic and valid, and they are the final version without modification. Even if we are informed, we reserve the right to modify it.

17. For example, it depends on whether the land certificate indicates that the land has been mortgaged by the bank, and the pre-sale permit does not include the houses being sold by real estate developers. It also warns property buyers that it is not enough to look at the "five certificates", but also to know whether real estate developers are qualified, understand the overall planning of the community, and understand whether the house to be bought has been mortgaged by real estate developers ... to prove that there is no mortgage.

1. The Construction Land Planning Permit is not mentioned in the Measures for the Administration of Commercial Housing Sales and Pre-sale and the Model Text of Commercial Housing Sales Contract of the Ministry of Construction. After investigation, the planning and construction units listed in this permit may apply for changes. After reading this permit and checking the floor plan, there is no guarantee that the planning environment of the house purchased by the buyer will not change.

2. There are more than one or two houses with pre-sale permit and no land certificate. According to the relevant provisions of the Ministry of Construction and the model text of the contract, the documents of approval that are useful can be transferred. The authenticity and validity of the approval documents are more difficult for ordinary buyers to distinguish.

3. According to the relevant provisions of China's Mortgage Law, mortgaged property does not mean that it cannot be transferred (sold), but it can be transferred (sold) with the consent of the mortgagor. In practice, it is not necessarily a bad thing for real estate developers to speed up housing construction by exchanging land for loans. Without liquidity, the house will not be built for a long time, and the risks are different for buyers.

4. Real estate developers sell beyond the permitted area, which can't be seen from the room number. Recently, the area dispute of a residential area in Beijing was actually that the real estate developer tampered with the pool, and all the room numbers were included in the permit. It was difficult to see the flaw in the permit at that time.

5. There is no mandatory requirement for real estate developers to show the original "five certificates" to buyers when selling houses. Salespeople often show copies to buyers. If developers tamper with copies, property buyers are still hard to prevent.

In view of the above analysis, the author believes that the way for buyers to protect themselves can only start with the contract and "transfer" the risk to the government. The contract signed with the real estate developer clearly stipulates in Article 6 "Payment Method and Term": "The first payment time is within _ _ days after the contract is filed and registered by the government." In this way, all the verification procedures will be completed by the government, and any problems in the future will be the responsibility of the government. At present, the only criterion for the court to judge whether the contract is valid is whether the contract is registered with the competent government department. The premise of whether the bank can grant loans to property buyers is whether the contract is registered with the competent government department. For buyers who are particularly concerned about the living environment, it is better to start with the supplementary agreement of the contract and ask the real estate developer to indicate the conditions such as lighting and apartment spacing, which is more practical than checking the floor plan that can be changed in the future.

18, power load

19, road charges are not allowed.

20, environmental protection decoration without odor.

2 1, property right period

22. Real estate is allowed to be mortgaged and pledged.

23, where to deal with garbage?

24. The penalty of 1/10000 is too low.

According to the contract and the law, you must check the corresponding legal documents (one table and two books, etc.). When you close the house, you should avoid being passive because of the fait accompli caused by the act of moving in.

26. Confirm the description of the floor and building number.

27. Developers are responsible for the quality of donated products.

28. Require developers to promise the progress of the project to facilitate pre-bankruptcy litigation.

29. It can be written that it is shared by two people, and developers are not allowed to mortgage property rights?

Stamp duty will be paid by both parties.

3 1, land use tax