The house price is so high that if you don't understand this knowledge, you will vomit blood when you buy a house.

The house has placed many people's dreams and yearning for home. Especially in first-tier cities such as Beijing, Guangzhou and Shenzhen, owning a house of your own has become the goal of many people. From this perspective, buying a house needs to be cautious. Before buying a house, you must understand these legal knowledge!

When buying a new house, you must ensure that the developer has "five certificates, two books and one form"

Real estate "five certificates, two books and one form" is a necessary document for developers to develop and sell commercial housing. They are: five certificates, construction land planning permit, construction project planning permit, building construction permit, state-owned land use permit, commercial housing sales (pre-sale) permit, two commercial housing quality guarantee books, commercial housing use manual and one completion acceptance record form.

The most important of the "five certificates" are the state-owned land use certificate and the commercial housing sales (pre-sale) license, which indicates that the purchased house belongs to the legal transaction category. The pre-sale scope of the Commercial Housing Sales (Pre-sale) Permit is the saleable buildings of this project, so the buyers must see whether the purchased floors are within the pre-sale scope. "Two Books" refer to the "Commodity House Quality Guarantee" and "Commodity House Instruction Manual" for newly-built houses. It is a document that real estate development enterprises must submit to property buyers when developers deliver houses to property buyers. Property buyers have the right to demand. "One Form" refers to the record form of house completion acceptance. Every item on the record form should be reported to the competent department for the record. Without any item, the real estate belongs to the "black building".

What if there is an error between the total construction area and the contract area when the house is closed?

When buying a house, you will definitely encounter the term pool area. There is no rigid standard for the proportion of pool area to housing. Generally speaking, a well-equipped and high-quality house will have a larger pool area. In general, the allocation rate of houses below 7 floors is 7-12%; The allocation rate of 7- 1 1 layer is10-16%; The allocation rate of 12-33 layer is14-24%; Villa pool rate 1-8%. If there is an error between the total construction area of the house and the contract area when the house is closed, according to Article 8 of the Purchase Contract, if the error between the total construction area of the house and the contract area is less than 3% when the developer delivers the house, the error is more than 3%. The extra area is given away by the developer free of charge. The developer is responsible for compensating the owner for the lack of area, and can choose to return a house at the same time.

What kind of house can't be publicly traded in the market?

Houses can be divided into commercial housing, housing reform housing, affordable housing, low-rent housing, public rental housing, resettlement housing, small property rights housing, fund-raising housing and so on. Among them, commercial housing transactions are not restricted (except for special cities), as long as they have money, they can buy them; Before the housing reform is listed, the land transfer fee must be paid, and the sale of this house must be approved by the relevant competent authorities; Affordable housing can be listed and traded after five years, and land transfer fees must be paid, and the government can give priority to repurchase; The property right in the resettlement house belongs to the collective and cannot be traded again. Property rights belong to individuals and can be traded normally after meeting the listing conditions; There is no land use certificate and pre-sale permit issued by the state for small property houses, and the State Bureau of Land and Housing Management will not record the purchase contract, so there is naturally no nationally recognized real estate license; Fund-raising houses are generally not allowed to trade. In low-rent housing and public rental housing, tenants have no property rights and cannot trade.

Whose name is the Housing Department? Is the ownership of the house the same?

Your name is on the property certificate. This house is yours. The highest effect of real estate ownership comes from real estate registration. As a kind of real estate right, the establishment, alteration, transfer and extinction of a house need to be registered according to law before it can take effect. Without registration, it has no legal effect. If the records of the real estate license and the real estate register are inconsistent, the real estate register shall prevail unless there is evidence to prove that there is an error in the real estate register. So it doesn't matter if your name is not on the real estate license, but your name must be on the real estate register. If you buy a house before you get married, even if you write the names of two people, if you go to court, there is no evidence that you paid for it, and it is useless to write the names. However, the above situation is only considering buying a house before marriage. If you get a marriage certificate before buying a house, even if only one person's name is written, it is shared by husband and wife.

How to divide the marriage property and divorce property?

This is divided into five situations:

First, after marriage, both parents contribute to the purchase of houses, and the property rights are registered in the name of one person. The real estate department determines that both parties possess them according to their respective share of capital contribution. If the parties agree otherwise, it shall be handled in accordance with the agreement;

Second, in mortgage to buy a house after marriage, one parent pays the down payment, the property right is registered in the name of the children, and the husband and wife repay the loan together. In this case, the down payment can be considered as a gift only for the children of investors. At the time of divorce, the real estate is the property of husband and wife, and the down payment should be recognized as the personal property of the investor's children.

Third, if one parent contributes in full after marriage and the property right is registered in the name of his children, this situation is regarded as a gift only to his children, and the property is recognized as the personal property of the investor's children, and the other parent has no right to request the division of property;

Fourth, after marriage, one party contributes personal property, and the real estate is registered in the name of one party. When divorcing and dividing property, the other party has no right to request division; What needs to be reminded here is that how to determine that buying a house with personal property requires the support of evidence;

Fifth, after marriage, one or both parties bought the same house as the husband and wife's property and obtained the real estate license. At the time of divorce, the property belongs to the husband and wife. In the division of divorced real estate, the judge will decide which party owns the house according to the actual situation, and the party who obtains the real estate will compensate the other party according to the actual situation.

What are the advantages and disadvantages of inheritance, gift and sale to children?

At present, there are three main ways to transfer parents' real estate to their children: inheritance, gift and sale. Inheritance is the least tax method, which can not be handled when parents are alive, and can only be handled after their parents die.

In the process of handling the formalities of inheriting real estate, only a little justice fee and inheritance notary fee are needed. Even if the real estate license is sold for less than 5 years, it only needs 1% personal income tax and 5.5% business tax.

In terms of gift, when parents are alive, they have to pay 3% deed tax when they give property rights to their children. If the children sell their houses less than five years after receiving the donation, or if the children own more than one house, 20% shall be levied after deducting reasonable expenses from the transfer income, and 5.5% business tax shall be paid on the transfer income.

In terms of buying and selling, if the parents' house is reserved for their own living or renting, inheritance and gift are more appropriate. But if you want to sell real estate, it is best to choose the way of "selling the house" for transfer! This is the most cost-effective, or you will have to pay high taxes and fees.

What is the difference between the number of years of rural homestead and 70 years of property rights?

The homestead on rural collective land has no fixed number of years and cannot enter the free market for trading. Different from the city's 70-year property right, it has the characteristics of strict identity, free use, permanent use, subordination and strictly limited scope. Its acquisition methods are original acquisition and derivative acquisition, and its elimination forms are absolute elimination and relative elimination. The right holder of rural homestead enjoys rights and undertakes obligations.

(The above answers were published on 2016-11-30. Please refer to the actual purchase policy. )

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