Legal basis of housing transaction

Because of her husband's job transfer, Wang Meng and her husband, who live in Meijiang Kangcheng, Xiqing District, began to have the idea of buying a new house in August this year. "It turned out that he works in Xiqing Development Zone, and it is very convenient to go to work. However, after being transferred to Hebei District, driving to and from work every day not only consumes a lot of time on the road, but also costs a lot of gas money. Moreover, my family is also in Hebei District, and it would be relatively convenient if I could move there. " Wang-Meng told reporters that she had seen many second-hand houses after she planned to buy a house, but she hesitated to see the market trend and the policies that were constantly introduced. "I want to wait until the house price comes down, but waiting is not an option. What should I do? " There are not a few people who are as confused as the citizen Wang Meng. Zhang Yu analyzed that there is a common sense that it is difficult to buy a house that you are satisfied with at any time in the market, and it is relatively easy to buy a cheap house. Why do you say that? Because the characteristics, attributes and quality of each house are different, and everyone's tastes and hobbies for the house are unique-such as where the children go to school, where the wife works, and so on. It is not so easy to find a house with a certain price standard and at the same time meet the needs and preferences of self-occupation. If we get rid of this understanding, simply from the market trend, the off-season is a good time for buyers to buy their own homes, because when the market is weak, investors and real estate speculators will withdraw from the market in large numbers, which not only means more choices, but also tends to be rational and it will be cheaper to buy a house. Interest rates always change. On the afternoon of June165438+1October 2/kloc-0, the People's Bank of China announced a rate cut, and the mortgage interest rate was also lowered accordingly, bringing benefits to those who need to buy a house. This makes many citizens think that the time has come to invest in the real estate market. However, people in the industry generally believe that reducing interest rates or raising interest rates mainly has a greater psychological impact on citizens, and the actual impact is relatively small. Historically, the housing mortgage interest rate used to be very high, and we have also experienced many interest rate cuts. But in fact, in the economic society, it is normal to raise interest rates or cut interest rates, which brings limited changes to daily life. We should adjust our mentality according to the change of interests, not static, but dynamic. In the long run, high and low interest rates should not be the primary factor affecting home ownership. Let's work out an account. According to the calculation, take the loan1000000 yuan with a term of 30 years as an example. If the buyers choose equal repayment, the central bank will repay 6353.6 yuan per month before the interest rate cut. After the interest rate cut, the monthly repayment is 6092.28 yuan, and the monthly repayment is 26 1.32 yuan. For an ordinary family, this figure may only be the price of a meal or a piece of clothing, and it will not affect the quality of daily life. Zhang Yu believes that the key to home ownership is to consider opportunity cost, liquidity and ability to pay. If the buyers have sufficient funds to purchase houses, or the liquidity of funds is relatively smooth, and there is a plan to purchase houses, then they can choose suitable houses when the banks cut interest rates. However, this kind of purchase decision should be based on its own ability to pay, rather than blindly following the trend and entering the market with the mentality of "taking advantage". Once beyond the actual economic capacity, it is likely to affect the quality of life in the future because of the pressure of repayment. Pay attention to regional supply When buying a house, buyers should not only pay attention to factors such as transportation, supporting facilities, regional development prospects, developer brands, but also consider the overall supply of real estate in the region. "In areas with a large supply of primary buildings, it is better to buy primary buildings; On the contrary, it is more suitable for buying in areas with more second-hand housing supply. " Zhang Yu believes that when the market is on the rise, the price of first-hand buildings is higher than that of second-hand buildings; On the contrary, the price of second-hand buildings is higher than that of first-hand buildings. The main basis of this law is that market suppliers always include small business owners. "In the same area, house prices are often affected by the increase in both. For example, when the supply of primary property is large, developers will compete for customers, and the price will be relatively reasonable, which is relatively suitable for buyers who buy new houses; When the supply of first-hand buildings decreases, in the face of market demand, there may be cases where individual sellers hoard goods and prices rise irrationally. " When the market is weak, surplus houses can also be sold. Ms. Li owns a 77-square-meter one-bedroom apartment near Taixing South Road in Hedong District. Ms. Li's house has been vacant since she got married at the beginning of this year. She is going to sell it to improve her parents' living conditions. However, due to the low market activity, the price given by the housekeeper has never reached her expectations. "I hope that the price of the house will not be lower than 1.3 million, but at present, it will be reduced by at least 50,000-80,000." In response to Ms. Li's situation, Zhang Yu believes that for small and medium-sized investors, even in the off-season, selling a house is relatively cost-effective. Holding a house is different from holding stocks, and holding real estate has a price to pay. Holding costs include property management fees, bank interest, decoration fees, maintenance fees and so on. Therefore, the premise of holding is that the income and appreciation brought by the house can cover the cost. Judging from Ms. Li's own situation, she is not a well-funded property buyer and needs to improve her living conditions by selling one and buying one. In this case, the psychological expectation price should be lowered appropriately. Because even when the market is weak, the cost of holding a house will not decrease. Selling the surplus and idle houses in time is conducive to providing space and funds for the next investment in the home purchase plan. Property tax can be compensated by buying and selling transactions. At present, buyers still have a psychological burden, that is, they don't buy when taxes are small, but buy when taxes are long. Isn't it a loss? Speaking of this problem, we need to distinguish the taxes involved in real estate first. The current property tax is divided into turnover tax and holding tax. Turnover tax mainly includes business tax, deed tax and income tax. Turnover tax is only paid when property rights change. Holding tax is mainly property tax and property tax. Property tax is only for rental property, and no property tax has been levied. At present, the focus of tax adjustment is to crack down on speculative real estate speculation, which has little impact on self-use users. In addition, even if you are listed, as long as you have enough patience, you can always make inquiries from many parties to compensate this tax in the transaction. Vacant houses should be rented out immediately. People often say, "I have three houses now, and two are vacant." It seems incredible at first glance, but the actual situation is really like this. Some people think that the rent collected by renting is not worth the bank interest, while others are just waiting for renovation and want to sell the house. 20 13, Mr. Li invested and bought a 90-square-meter two-bedroom apartment near Jinbin Avenue. For the sake of sale, the house has been in an undecorated state. However, the supply of second-hand houses in this area is relatively large, and the houses have not been sold. 165438+1At the end of October, Mr. Li received a phone call from an intermediary, saying that a family was looking for a rough house as a warehouse and asked if they were willing to rent it. The rent is around 600 yuan every month. Although the price is relatively low, Mr. Li finally decided to rent it for a while. "The heating fee for the first two years of the new house has been paid, and the property fee near 200 yuan has also been paid every month. This is the cost. Moreover, renting a rough house does not need to prepare household appliances and furniture, which saves trouble. " According to Zhang Yu's analysis, no matter whether the rental return of the house is high or low, you should choose to rent it immediately and never let the house be empty. Emptiness is a loss. In addition, don't choose a luxury house when renting, because it is not directly proportional to the rental price, especially when the market is weak. Changing houses is not affected by the weak market. Since June 65438+ 10 this year, improved demand has gradually become an active protagonist in the market, especially in the second-hand housing market. In the industry's view, the ternary pattern of "low-end security, mid-end market and high-end control" is accelerating. However, many people who are ready to change houses are waiting to see and are afraid to make moves. The industry believes that for those property buyers who need to change houses, there is no need to consider the off-season factors too much. Generally speaking, the demand for self-occupation will not be affected by the general market situation, such as getting married and improving housing conditions. In the same lot, if the residential products have fallen behind and there is a house exchange plan, selling the house and turning it into capital means more opportunities when the market expectation has not changed much. This law is mainly applicable to non-speculative self-housing. "Whether the real estate market is a buyer's market or a seller's market, it involves a change in buying and selling identity for buyers who need to change houses. Therefore, the whole will not have a particularly great impact on individuals. If some interests are transferred when selling a house, then there will be corresponding interests when buying a house. So the psychological gap doesn't need to be too big. The most important thing is to find a suitable house to meet the needs of changing houses. " Second-hand housing should cherish every trading opportunity. In housing transactions, buyers and sellers are often deadlocked because of price differences. In an interview, Zhang said that in her actual work, this situation will account for almost 30% of the total number of transactions. "After many people plan to sell their houses to an intermediary, the staff will evaluate the maturity of the area where their houses are located, the regional supply, the year of the real estate and the situation of the house itself, and give a relatively recognized price in the market. However, in the actual transaction process, except for those who are particularly anxious to sell houses, most homeowners will choose to raise this price. " For the buyer, before buying a house, he will make many inquiries about the regional houses he is interested in, hoping that the purchase price can be closer to his psychological expectations, which forms a game between buyers and sellers. "Take the housing in an old residential area near Guang Hai Temple as an example. A seller's listing price of 39 square meters is set at 850 thousand. Although many people came to discuss the price during the period, the shopkeeper insisted. It was not until four months after the listing entered the market that the homeowner realized that his price exceeded market expectations, and finally through adjustment, it was sold at a price of 800,000. " According to Zhang Yu's analysis, the timing of second-hand housing selection should closely follow the market situation. When the market is not optimistic, sellers should especially cherish trading opportunities, because at this time there are more sellers than buyers, and the turnover is shrinking. If the buyer's asking price is not too outrageous, don't hang it up and not sell it. Once the opportunity is missed, the loss is even greater.

Legal objectivity:

Article 209 of the Civil Code, which came into effect on 202 1, takes effect after the establishment, alteration, transfer and extinction of real estate rights are registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered. Article 214 The establishment, alteration, transfer and extinction of the real right of immovable property, which should be registered according to law, shall take effect when it is recorded in the register of immovable property. Article 215 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall become effective upon the establishment of the contract, unless it is otherwise provided by law or agreed by the parties. Failure to register the real right shall not affect the validity of the contract.