Tianjin second-hand housing sales process and matters needing attention

A netizen in Tianjin asked Bian Xiao: What are the procedures and precautions for the sale of second-hand houses in Tianjin? Now that house prices are soaring, many people can't afford to buy new houses, so they can only move to the second-hand housing market, and many netizens don't understand this. Today, Bian Xiao will tell you about the process and matters needing attention in the sale of second-hand houses in Tianjin for your reference.

Sales process of second-hand houses in Tianjin

1. The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents.

A. When checking the seller's real estate license, you can see that the first or second page of the real estate license has red seals such as "selling at cost", "selling at cost" or "privately changing", indicating that the house was purchased at cost.

B. See if there are any clauses in the sales agreement signed with the original purchase unit, such as "the unit has the preemptive right", "the sale and transfer must be approved by the original property right unit" or "it is not allowed to be listed within five years". In addition, if it is purchased at the cost price and agreed with the original property right unit in advance or purchased at the standard price or preferential price, it is necessary to submit the "Consultation Form for the Sale of Purchased Public Housing and Economically Applicable Housing" to the original property right unit, and it can be listed and traded only after it is approved by the original property right unit.

The contents of the audit include: when the front page of the house ownership certificate has red seals such as "* Private Excellent", "Private Standard", "Preferential Sale" or "Standard Sale", it means that the house was purchased at the standard price or preferential price. Second, look at the agreement in the sales agreement signed with the original property right unit. Of course, the original title certificate must be read, and at the same time, it must be verified by the competent department and the district and county real estate bureau where the house is located, and finally confirm whether the house is qualified for listing and trading.

2. If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.

3. The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.

4. Contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Now Beijing has cancelled the real estate sales contract during the transaction, which is also commonly known as the "white contract".

5. Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.

PS: Second-hand housing transaction tax includes business tax, personal income tax, stamp duty and deed tax. (Click to view the calculation of transaction tax on second-hand houses).

6. Go through the formalities of property right transfer and transfer. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.

7. For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.

8. After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and settles all the property fees, all the second-hand house sales contracts between the two parties are fulfilled.

Matters needing attention in the sale of second-hand houses in Tianjin

1. Is the house complete?

The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading.

2. Is the property right of the house clear?

Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only some * * * people dispose of the property owned by * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.

3. Is the trading room rented?

Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time. Because China, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the housing sales contract cannot compete with the previously established lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.

4. Is the land situation clear?

Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house. Also pay attention to the service life of the land. If the land use right of a house is only 40 years and the owner has used it for more than ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.

5. Does the municipal planning have an impact?

Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.

6. Welfare housing distribution is legal.

Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.

7, whether the unit housing infringement.

The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.

8. Is the property management fee in arrears?

Some owners have long been in arrears in property management fees, electricity fees and gas (natural gas, heating and gas) fees when they transfer their ownership, and have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.

9. Is the intermediary company illegal?

Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.

10. Is the contract clear?

Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.