Matters needing attention in house purchase loan contract

I. Matters needing attention in the house purchase loan contract

Question 1: What should I pay attention to when buying a house and signing a loan contract with a bank? Matters needing attention in buying a house in a bank and signing a mortgage loan contract are as follows:

1. Both husband and wife of the buyer and seller must be present, and the property rights of the house must be clear, otherwise the property rights problem must be solved first.

2. Both the buyer and the seller need to bring the original and photocopy of the basic documents, namely: ID card, household registration book, marriage certificate of the buyer and the seller (single person with the original single certificate), buyer's income certificate, bank running certificate, certificate of no room or first suite, down payment certificate (the down payment can be paid to the seller by bank transfer at the loan bank after signing the contract), and a repayment card can be opened at the loan bank. Copies and originals of the house purchase contract and real estate license (copies of mortgaged houses are also provided). If a real estate agent is involved, a tripartite agreement is needed. The payment card opened by the seller in the loan bank will be checked, verified and copied by the bank loan officer.

3. The loan officer and the buyer and seller take photos respectively.

4. The buyer and the seller sign relevant bank format contracts, various statements and IOUs, all of which are signed by handprints, and stamp duty is paid according to the loan amount.

5. After the face-to-face signing, the bank leaves with the original, waiting for the appraiser to come to the door for evaluation and loan approval.

If you are not clear about the process and precautions, please ask the loan officer or loan agent in advance.

According to your repayment ability, you can choose to decide: the loan application period and repayment method are equal principal and interest or average capital, and the default method of the bank is equal principal and interest. The tying or surcharge of other banks and the floating range of interest rates can be negotiated, and customers basically have no right to decide.

I am a loan agent in Chongqing.

Question 2: What should I pay attention to when signing a mortgage loan contract? Whether the terms of the contract stipulate the payment time of the mortgage, the time for handling the mortgage, the calculation method of the late payment fee, etc., must be clearly understood.

Question 3: What problems should be paid attention to when signing a housing loan contract? What problems should be paid attention to when signing a mortgage loan contract? The main points to note are as follows:

(1) According to Article 39 of the Contract Law, banks that provide standard clauses must take reasonable measures to draw consumers' attention to the clauses that exempt or restrict the bank's liability, and explain these clauses according to the requirements of consumers. That is to say, if the bank that provides format terms does not remind consumers of these unequal format terms, then these terms cannot be counted as part of the contract at all and are not binding on consumers.

(2) Article 40 of the Contract Law also specifies several other situations in which standard clauses are invalid. This article stipulates that if the party providing the format clause exempts the other party's responsibility, aggravates the other party's responsibility and excludes the other party's main rights, the clause is invalid.

(3) Some banks tend to be consciously vague about the unequal format clauses, so that consumers can sign and seal them in a muddle. If a contract occurs in the future, both parties to the contract will definitely disagree on the meaning of the unequal format clauses, so there is a problem of how to explain these clauses. Therefore, when signing a loan contract, consumers are required to ask the bank to make a clear explanation of these terms.

Question 4: What matters should be paid attention to in the house purchase loan 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, 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. At the same time, it also warns buyers that it is not enough to look at the "five certificates", but also to know whether the real estate developers are qualified, understand the overall planning of the community, and understand whether the houses bought have been mortgaged by real estate developers. Confirm no guarantee

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 of a residential area in Beijing has been corrected ... >>

Question 5: What should I pay attention to when signing a house purchase contract? The first thing to remind you is that before you decide to pay the down payment and sign the contract, you should make sure that the documents of the project are complete. You can ask for these documents in the sales department. Only with complete documents can we reduce the risk of buying a house and apply for a mortgage loan. At present, the auction houses that Xi 'an obtains the pre-sale certificate are all online signing, and the online signing is the same as the paper contract, but the signing method is different. When signing a contract, you need to pay attention to the following matters: first, you must check whether the developer has a pre-sale permit for commercial housing. With the pre-sale permit, developers generally have land use permits, planning permits, construction permits and so on. This is the key to buying a house. Second, we should use the text of the standard house sales contract uniformly printed by the real estate management department, and fill it out item by item according to the terms listed in the text. We must not be careless. At present, Xi 'an implements online signing for the record, but the contract is the same as the paper contract. Third, we should pay attention to whether the rights and obligations in the contents filled in by both parties in the terms of the contract are equivalent. Some developers have filled in the contract text in advance, and even the supplementary terms are filled in by themselves. Most of these filled-in contract texts are unequal in rights and obligations. Once this happens, buyers must put forward their own opinions and never make a move. Fourth, area confirmation and area difference treatment. If the confirmed area is selected and the area difference is treated based on the interior construction area, the treatment method when the area is wrong shall be specified in the "Area Difference Treatment" clause. Only when there is a detailed agreement on the area difference in the contract can we avoid being fooled. Fifth, we should pay attention to whether the payment method of housing sales is standardized. The amount, time limit, method of payment and liability for breach of contract are stipulated in the contract. Some developers do not sign the contract first, but let the buyers pay a certain deposit first, and only issue receipts to the buyers. Once it happens, it is difficult for the buyer to prove his responsibility. Sixth, we must make sure whether the delivery date is determined. It is common to delay the delivery of the house due to insufficient funds. Developers often make a fuss about pre-sale contracts, such as only indicating the completion date and not indicating the delivery date; Use some vague language such as "after installation of water and electricity, after quality acceptance, after completion of residential facilities". In this regard, when signing a contract, buyers must clearly stipulate that the delivery date is "a certain month and a certain day" and indicate the responsibilities that developers need to bear if they cannot deliver the house on time. Seventh, when signing a house sales contract, it is best to ask a lawyer or an expert to review the contract text on your behalf from a legal perspective to reduce some unnecessary losses. In addition, when signing the purchase contract, we should pay attention to the need to put forward our own amendments to the terms that developers think are unreasonable and negotiate. This contract is the product of mutual agreement. If both parties can't reach an agreement, the contract can't be established. And your concerns should also be reflected in the contract. In the process of agreement, neither party has the right to force the other party, and either party has the right not to sign the contract. If you think that your interests cannot be guaranteed in the contract, and the developer does not agree to modify or supplement it, the buyer has the right to re-select the developer and the property. In reality, some developers may not be able to continue to invest in construction or get into debt because of the broken capital chain. Long-term shutdown may form unfinished buildings, which is very unfavorable for buyers to safeguard their own interests. I suggest you get to know the project on the spot before signing a formal contract. If you choose to buy, be sure to specify the delivery time and related liability for breach of contract. After the buyer pays the house price, the developer will generally issue a receipt, and the formal purchase invoice will generally be given to the buyer when the house is handed over. Mainly because the agreement in the commercial housing sales contract is not the final actual area, there will be more or less errors in the actual construction process, so the actual sales price of the house will be accurate only after the measured area comes out, and then the invoice will be issued. At present, developers on the market basically do this. Thank you for your attention! Matters needing attention in signing a house purchase contract should finally agree on supporting facilities, such as the model of individual doors and windows, whether a household is one meter, etc. Public greening, elevators, etc.

Question 6: What should I pay attention to when I want to sign a house purchase contract?

Not necessarily. Different people have different opinions.

This mainly depends on whether I need it or not, and whether my conditions allow me to buy a house.

If you really need it and everything is ready, you can buy a house.

Precautions:

One: Understand the background and qualifications of developers. It is very important to choose a powerful developer. Regular developers are guaranteed in terms of housing quality, contract signing and property rights management.

Two: the surrounding environment and supporting facilities of the community. The direction of municipal development directly affects the appreciation of real estate.

Three: internal planning of the community.

1. Does the location of heating conversion station, garbage disposal room, entrance and exit, and power distribution room affect the house selection?

2. The layout of the building, the possibility of reconstruction, the influence of building spacing and lighting.

Fourth, the investment owner should analyze the proportion of the number of rooms in and around the community, and the owner-occupier should look at personal needs.

Five: Other formal pre-sale contracts for commercial housing, such as area error, clear height of storeys, and time for handling property rights, are clearly stipulated. Check whether the interior wall, floor, roof, doors, windows, waterproof treatment, exterior wall, corridor, housing area and pool area are consistent with the contract.

Matters needing attention in buying a house

1, geographical location

The first consideration when buying real estate should be whether the geographical location is close to where they work. Many first-time home buyers have relatively limited budgets, and most of them are at the beginning of their careers, and they all buy houses on their own income.

When you consider paying the loan every month, you should also consider the transportation cost. For example, if you live too far from work, do you want to buy another car? You must take these expenses into account in the family budget.

Finally, you must consider the possible impact of this property on your lifestyle. For example, if you are an avid coffee lover, you shouldn't buy a property far from the coffee shop.

2. Price

The premise of buying a good property is that you can afford it. If your current income can afford this property, your future life may be easier, because your future income will rise.

The best way is to go to the bank to consult a professional. They will tell you that you can afford this property at your current income level. At the same time, we should consult a professional mortgage broker and ask for his advice. Now the loan market is very competitive, and you can have many choices.

3. Infrastructure

For those who work far from home, it is very important to be close to transportation facilities. Near the bus station, electric stations, ferries and railway stations will not only bring you a lot of convenience, but also provide you with a selling point when you sell the real estate market. If you plan to drive to work every day, it may not be so important to be close to the transportation facilities, but it is still good.

Shops: The shops here are not only supermarkets or vegetable markets, but also coffee shops and restaurants, because many people like drinking coffee very much now. If you live in Sydney, you definitely want to be near King Street in Newtown. If it is Melbourne, it is Carlton's Lygon Street; If it's Adelaide, it's Norwood's Ladd; Of course, if you like fresh agricultural food, it may be a good choice to be close to the farm. Hospital: Even if you are strong now, you will still need a hospital or a doctor, so for your own health and the health of your family, you should choose a place not too far from the hospital.

School: If you already have children or plan to get married, it is important to be close to school, which is something you must seriously consider.

Ideally, if you have children, you should choose to walk to the school property; If your child is old enough to go to middle school, it is important to be close to a good high school real estate, which will also add a lot of color to your future sale of real estate.

4. Changing needs

If you have found your ideal geographical location, you should consider whether the real estate can meet your changing needs.

For example, is there room for further expansion in the real estate office? Can I add a bedroom, living room or bathroom? If you plan to have children, is there enough room for them to play? How many cars can be parked in the parking lot?

Although we can't plan everything, as a first-time home buyer, you must seriously consider whether your property can adapt to your shortcomings ... >>

Question 7: What problems should be paid attention to when signing a housing loan contract? The best way is to run to the developer next door or across the hall and let people tell you what's wrong with the house on the grounds of looking at it.

Question 8: What materials does mortgage to buy a house need and what should be paid attention to when signing a mortgage loan contract? 1. Basic conditions of commercial housing mortgage loan.

1, the borrower has a stable occupation and income, good credit and the ability to repay the principal and interest of the loan;

2. The purchased house is located in a town (including urban area, county town and big market town), and in principle it is the borrower's current residence or place of work and business;

3. Has signed a commercial housing sales contract with the developer, and paid the down payment ratio stipulated by the bank according to the personal credit situation, with a minimum of more than 30%;

4. The loan amount is determined according to the borrower's credit status, occupation, education level, repayment ability and the liquidity of the purchased house.

5. Agree to apply for mortgage registration of pre-purchased commercial housing first, and promise to use the purchased housing as loan collateral, and re-apply for mortgage registration after the purchased housing is completed and the property right certificate is obtained;

Secondly, information must be provided.

1.3. Original and photocopy of the ID card and household registration book of the applicant and spouse (if the applicant and spouse are not registered in the same household, a marriage certificate shall be attached);

2. The commercial housing sales contract signed by the purchaser and the company;

3. 1 Original and photocopy of advance payment receipt for 30% or more of the house price;

4. Proof of income of the purchaser (provided by the bank and placed in the sales office);

5. If the borrower is a legal person, it shall carry a valid business license of enterprise legal person or business license of enterprise legal person, identity certificate of legal representative, financial statements and loan card. If it is a joint-stock enterprise, it is also necessary to provide the company's technical articles of association and the certificate that the board of directors agrees to mortgage;

6. The developer's collection account number is 1 copy.

Three. General commercial terms

1. Generally, the loan term is less than 30 years, and the maturity date of the loan cannot exceed the borrower's age (male) of 65 years old and (female) of 55 years old in principle;

2. The loan interest rate shall be subject to the provisions of the People's Bank of China. In case of legal interest rate adjustment, if the term is less than 1 year, the contract interest rate will be implemented and interest will not be calculated by installments; If the term exceeds 1 year, the new interest rate will be implemented at the beginning of the following year;

3. The main repayment methods of mortgage are divided into average capital and matching principal and interest, and buyers can choose freely. The principal is to repay the principal and interest every month, first more and then less; Repay the principal and interest on a monthly basis, with the monthly repayment amount unchanged (interest rate adjustment changes).

Question 9: What should I pay attention to in the second-hand housing mortgage loan contract?

1. Before deciding to sign a contract, buyers should know about the cooperative bank designated by the developer and ask whether it meets the conditions for handling loans.

In order to avoid the difficulty of checking out because the loan cannot be approved after signing the contract blindly.

2. Both the buyer and the seller need to bring the original and copy of the basic documents.

They are: ID card of the buyer and seller, household registration book, marriage certificate, buyer's income certificate, bank running water, certificate of no room or first suite, down payment certificate, repayment card opened in loan bank, copy and original of house purchase contract, and real estate license. If a real estate agent is involved, a tripartite agreement is needed, and the bank loan officer will check, verify and copy the payment card opened by the seller in the loan bank.

3. Be sure to use the standard house sales contract text uniformly printed by the real estate management department. Fill in the items listed in the article item by item, and never be careless. Online signing is implemented in some areas, and the contents of the contract should be strictly verified when signing online.

4. The purchase contract should only stipulate the down payment time and loan payment balance.

Try not to agree on the time when the loan will arrive (the loan will be transferred from the mortgage bank to the developer's account), otherwise the purchaser may bear the responsibility for overdue payment and breach of contract for reasons other than his own.

It is best to ask a lawyer or an expert to review the contract text for you from a legal point of view.

Matters needing attention in signing a house purchase contract Pay attention to whether the rights and obligations in the contents filled in by both parties in the terms of the contract are equivalent. Reduce unnecessary losses.

6. The loan officer and the buyer and seller take photos respectively.

7. Area confirmation and area difference treatment.

If the confirmed area is selected and the area difference is treated based on the interior construction area, the treatment method when the area is wrong shall be specified in the "Area Difference Treatment" clause. Only when there is a detailed agreement on the area difference in the contract can we avoid being fooled.

8. Be sure to pay attention to whether the payment method of house sale is standardized.

The amount, time limit, method of payment and liability for breach of contract are stipulated in the contract. Some developers do not sign the contract first, but let the buyers pay a certain deposit first, and only issue receipts to the buyers. Once it happens, it is difficult for the buyer to prove his responsibility.

In addition, when signing the purchase contract, we should pay attention to the need to put forward our own amendments to the terms that developers think are unreasonable and negotiate. This contract is the product of mutual agreement. If both parties can't reach an agreement, the contract can't be established. And your concerns should also be reflected in the contract. In the process of agreement, neither party has the right to force the other party, and either party has the right not to sign the contract.

Question 10: How to sign a formal house purchase contract? What are the precautions? There is a detailed article "How to sign a formal purchase contract" in Baidu Library. I suggest you refer to its contents. In addition, I would like to add a few points:

1. Distinguish between "commodity house pre-sale contract" and "commodity house sales contract"

Purchase contracts generally include commercial housing pre-sale contracts (faster) and commercial housing sales contracts (existing houses), and the differences are as follows:

The pre-sale contract is adopted for the pre-sale of commercial housing. After the house is completed and delivered for use, the buyer can directly handle the transfer formalities after paying all the house price.

Commercial housing sales contracts are applicable to the sale of existing commercial housing (commercial housing with property right certificate after completion and acceptance).

2. What are the contents of the house purchase contract?

The main contents of the purchase contract include the following aspects:

Party A's land use basis and commercial housing status, including location, area, existing house, delivery, etc. ;

House prices, including taxes and fees, handling of area differences, special agreements on price and fee adjustment, etc. ;

Payment agreement, including preferential terms, payment time, payment amount and liability for breach of contract, etc.

Delivery agreement, including time limit, liability for overdue breach of contract, design change agreement, house handover, liability of the defaulting party, etc. ;

Quality standards, including decoration and equipment standards, commitments and liabilities for breach of contract, commitments for normal operation of infrastructure and public supporting buildings, and quality dispute handling;

Property registration and property management agreement;

Warranty responsibility;

Party B's right to use;

A dispute arbitration institution recognized by both parties;

Liability for breach of contract;

Other related matters and accessories, including house plan, decoration, equipment standards, etc.

2. Supplementary agreement is very important.

There are supplementary provisions in the purchase contract. This kind of supplementary agreement is often the matters not agreed in the purchase contract, which are usually agreed in the supplementary terms. To some extent, the supplementary terms are more important than those stipulated in the house sales contract.

When signing supplementary terms, we should grasp the following issues:

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.

Clear the time for handling the house ownership certificate. 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.

If the mortgage can't be done, it is necessary to clarify the responsibilities of both parties. 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.

Clear allocation of construction 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.

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.

Clear the responsibility of checking out. 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.

Second, when signing a house purchase contract, you need to bring all the materials:

1, deposit contract

2. Certificate of deposit

3. The original ID card and marriage certificate of both husband and wife (single certificate)

4. Private seal

5. Original residence booklet or household registration certificate

6. Original proof of income

Hope to adopt, thank you! ...& gt& gt

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