Ten kinds of pits in second-hand housing transactions _ _ Guide for lawyers to avoid pits manually

Ten kinds of pits for second-hand housing transactions? Guide to the lawyer's handbook for avoiding pits

Item 1: buying a house under the guise.

The restriction of purchase makes the demand for "holding" exist in large quantities. As an investment with a cycle of no more than five years, the profit is really a lot. Adopting this method requires systematic risk control, not as simple as signing a model agreement. In the event of a dispute, the judgment holder is required to assist in the transfer, instead of confirming the property right. It is necessary to pave the way in the custody agreement in advance and assign it to a third party.

Type 2: Sign exclusive agency.

In the exclusive agency agreement, the principal's liability for breach of contract is heavier. When some intermediaries are exclusive agents, there is no martial arts, and the final pit is the interests of the seller; While pushing the existing competition, many intermediaries have also accelerated the sales speed.

The third type: the signing of marriage real estate.

If the other party is married, but only one party is registered in the real estate license, it is necessary to obtain the certificate that the spouse agrees to sell the house, or sign it together. The marital status of the other party, on the spot, asked to check the files online to find out.

Type 4: Payment

It can be agreed that the buyer can't make the first mortgage, how long to change to a mortgage bank, and still can't make the second mortgage, and pay the full amount in one lump sum within a few days. Avoid falling into a wrangling transaction and delay your own property replacement.

The fifth type: sudden regulation

If supervision occurs in the normal course of trading, whether to terminate the contract, not to pursue the other party's responsibility or to seek relief, and who will bear the relief expenses. If one party delays the performance and meets the provisions, it shall bear the liability for breach of contract and compensate the other party for its losses.

Category VI: Taxation

The tax has changed, who will bear it? Still have to bear it according to the tax law? Some people deliberately talk about taxes in order not to continue trading. It shall be agreed that the tax arising therefrom shall be borne by the claimant or the changing party.

Type 7: degree room account.

According to the law, the lawsuit that the buyer asks the seller to move out of the household registration is not within the scope of court acceptance. It can be stipulated in the contract that the household registration in this transaction has a great influence on the purchase decision and the determination of house prices. If the seller refuses to move out of the account for several days, the buyer has the right to demand payment of liquidated damages or terminate the contract and compensate for the losses.

Category VIII: Liability for breach of contract

If the transaction is uncertain, both parties may agree in advance that after the defaulting party bears the down payment responsibility, the observant party may not pursue other liabilities of the defaulting party. For the sale of one house and two houses, it can be agreed that the difference benefit obtained by the seller due to the sale of one house and two houses shall be regarded as the actual loss of the buyer.

Type 9: Add Entity

When prosecuting, the relevant subject should be brought in as a co-defendant or a third party. Require the intermediary to directly refund the deposit or directly confiscate the deposit of the intermediary; Request to continue to pay the mortgage bank, cancel the mortgage right and continue the transfer; It is required to continue to pay the creditor the house payment, lift the seal-up and continue the transfer, and so on. Of course, the above should be based on the premise that the cycle of rising house prices and transaction risks are controllable.

10 Item: Be cautious when asking for confirmation.

Be cautious when making a request to confirm the ownership of the house, and it is easier to get court support by asking the seller to assist in the transfer of the house. For some complicated situations, such as the imminent outbreak of the seller's foreign debt, the buyer should find ways to move into the house as soon as possible and actually occupy it.