Job Recruitment Website - Property management - At present, is there any chance to clean up the flaws in investment methods?
At present, is there any chance to clean up the flaws in investment methods?
Legal auction house is the abbreviation of court auction house, which refers to the house that is forced to be auctioned by the court. When the debtor (owner) is unable to perform the mortgage contract or pay off the debt, the creditor applies to the court for compulsory execution through various judicial procedures, and auctions the house under the debtor's name to pay off the creditor's rights with the proceeds from the auction. The house auctioned in the process is the so-called auction house. shqianyy
Usually the auction house is more concerned about its price. After all, its price is much lower than that on the market, which is very attractive, but there are also "pits".
Definition of house price by legal auction
In the process of judicial auction, there are usually three prices: evaluation price, reserve price and starting price. The appraisal price is the price issued by the appraisal institution; The reserve price is the bottom line of the auction price. If the bidder's highest bid does not reach the reserve price, the bid is invalid and is auctioned.
According to "Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts", the reserve price of auction is determined by the people's court with reference to the evaluation price, and the reserve price determined by the people's court shall not be lower than 80% of the evaluation or market price at the time of the first auction; If there is an auction target, the reserve price may be lowered as appropriate when the auction is held again, but each reduction shall not exceed 20% of the previous reserve price.
In other words, the lowest reserve price of a house with an estimated price of 6.5438+0 million yuan is 800,000 yuan. If it is an auction, the maximum price can be reduced by 20% each time. If someone is lucky enough to buy it at the reserve price at the second auction, the final transaction price may be only 640 thousand yuan. Of course, in order to avoid the auction, the client usually takes the reserve price as the starting price.
The "pit" of auction house
Faster houses are not restricted by purchase restriction. When handling the transfer formalities, the real estate trading center may allow the transfer, provided that the property rights are clear and the debtor cooperates with the delivery. Therefore, in the actual operation process, there are also many cases where the buyer can't transfer the ownership smoothly.
Some buyers spent nearly 20 million yuan to buy a building through judicial auction. Unexpectedly, the original owner refused to "move". Obtained a property in the judicial auction, and successfully entered the house, but the original owner refused to hand over the house on the grounds that he did not know. When the victim went to the court to apply for enforcement, the court refused to enforce it on the grounds that he had indicated in the auction announcement that the property was "not auctioned in Kyrgyzstan" (the house was inhabited).
"No luck" is nicknamed "no hurry" by the industry, which means that the court is only responsible for the auction, and the specific handover is done by itself. Therefore, it is necessary to recognize whether it belongs to "no lucky auction" if you take a house by individual purchase.
In addition, the auction house may also encounter the problem of only housing. In 2004, the Supreme People's Court promulgated the Provisions on the Seizure, Seizure and Freezing of Property in Civil Execution by People's Courts, which stipulated that the people's courts may seize the houses necessary for the life of the executed person and his dependents, but they may not auction, sell off or pay off debts.
In practice, from the perspective of maintaining social stability, if there is only one property under the name of the person subjected to execution, the court will often refuse to execute it. Therefore, it is more troublesome to encounter the problem of only housing. Fortunately, in May of 20 15, the Supreme Law promulgated the Provisions on Several Issues Concerning People's Courts Handling Objection Reconsideration Cases, which made detailed provisions on when courts can enforce and when they can't.
Shops auctioned according to law sometimes have risks. Generally, shops are very small. There are 200 real estate licenses on the first floor, and each real estate license corresponds to 5~8 square meters. Buyers go to shops with this property certificate, and may not find the specific location.
First of all, it depends on the property attributes of the auction, including the number of years, the nature of land transfer, and whether or not to obtain a real estate license. "If the land is allocated, the land transfer fee will be paid at the time of the second transaction. If it is a pre-sale house, you may face a second dispute because you can't get the real estate license immediately.
Secondly, pay attention to the auction of property rights, such as both husband and wife have property rights; Whether there are other creditors besides the first creditor. For example, some auction houses have signed long-term lease contracts with others before the court auction. If it is not settled in advance, it is likely that the tenants will not move out and the bidders will not be able to move in.
Third, it is necessary to check whether the auction property is mortgaged and whether there is a risk of debt. Therefore, before the auction, it is necessary to deal with property fees, heating fees,
Finally, from the market point of view, due to the limited number of "faster houses" and narrow choices, if buyers are eager to buy a house because of "greed for small and cheap", they may encounter unsatisfactory problems in geographical location, apartment type, orientation, surrounding environment and supporting facilities, which will affect the quality of living and the re-listing of houses. Therefore, before the real estate auction, it is necessary for bidders to conduct on-the-spot investigation on the house, master first-hand information, and be aware of it.
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