What should I pay attention to when buying and selling houses?

What problems should I pay attention to when signing a house?

Five types of contract traps need more attention.

Commercial housing is a bulk consumer product, and some developers preset some terms in the contract, which makes the buyers fall into the trap.

The first category, the order gold trap. Some buyers paid the deposit according to the salesman's words without full consideration, and then they didn't want to buy it, so it was even harder to get the deposit back. For example, when consumers buy commercial housing, developers don't explain the housing situation, and when they conclude a contract for the sale of commercial housing with the purchaser, they put forward new requirements for the purchaser, and the subscription book clearly States that the subscription money will not be refunded without signing the contract.

The second category, the agreed housing loan can not be done, and the deposit is not refundable. Some real estate project developers do not have sales qualifications and cannot apply for provident fund loans, so making such an agreement in the contract makes the interests of buyers suffer.

The third category is that the liability for breach of contract is vague, and when the developer promises not to be fulfilled, the rights and interests of the purchaser are damaged. If the delivery is delayed, you can return the house according to the contract, or even change the design without authorization. The swimming pool of commercial housing has become a parking lot, and no building is built or no building is built at all, which seriously affects the lives of residents. For some key issues, developers and consumers either disagree or set traps in the agreement. Do everything possible to shirk responsibility after a dispute.

The fourth category is to relax the restrictions on illegal developers when the area is up and down. According to the regulations, if the absolute error ratio of housing area exceeds 3%, the purchaser has the right to return a house. However, due to the unfavorable agreement of some developers in the contract, it is difficult for buyers to claim compensation. Due to the large area shrinkage and poor transparency of calculation basis, complaints caused by area disputes are also increasing year by year.

The fifth category is the trap of dealing with the title certificate in the contract, because the developer does not have the sales qualification, or transforms the house in the name of the old city reconstruction, secretly or blatantly trades with the commercial house, and refuses or delays to handle the title certificate under various excuses without some government procedures and documents.

■ Supplementary provisions for handling traps

Generally speaking, the following five aspects are best reflected in the supplementary agreement:

1. Housing area: When signing a house purchase contract based on the interior area, the developer must clearly explain the conversion method between the interior area and the construction area at the reservation stage, and publish the unit price and total house price per square meter based on the interior area; When signing the contract, the developer should promise that the interior area should be equal to the interior area when handing over the house. The difference between the actual interior area and the contracted area after delivery shall not exceed 3%. If it exceeds this range, the owner who exceeds it can buy it at the contract unit price, and the developer who is insufficient must return it to the buyer at the contract unit price.

2. Decoration standard: The decoration standard promised by the developer must be carried out in written form, and all materials used for decoration (including engineering materials used for public decoration) and models (kitchen utensils and bathroom appliances used for decoration, etc.). ) Be sure to make it clear; Please indicate how long the warranty period of fine decoration is.

3. Regarding the parking space: whether the parking space on the ground has property rights, how the owner buys it, and how long the service life is; If you rent a car, what is the fee and how long is the charging standard? What is the basis for the formulation?

Four. About the property and green space: the contents of the fees and services charged by the property must be carried out in written form as an essential part of the contract. Within one year after moving in, all owners have the right to evaluate the property management company. If they think that the property company is not qualified for the property work in the community, they have the right to dismiss and hire a new property company.

Verb (abbreviation of verb) occupancy conditions and the handling of real estate license: the occupancy conditions must be eight-pass, that is, water, electricity, natural gas, heating, mail, telephone, cable TV and broadband.

■ What if the developer refuses to sign a supplementary agreement?

It is suggested that the buyer ask the developer to show the text of the commercial housing sales contract before paying the deposit, and negotiate with the developer to modify the terms or supplementary terms, and then pay the deposit after reaching an agreement on the terms of the commercial housing sales contract and its supplementary agreement, or agree with the developer in the subscription book when paying the deposit.

What is a second-hand house?

Second-hand houses and private houses are commonly known as second-hand houses. That is, the property that has obtained the ownership of the house (all property rights) according to law and can enter the secondary housing market (that is, the tertiary real estate market) for transactions. Such as commercial housing with ownership, self-built housing, housing reform housing that allows listing and trading, and affordable housing.

An introduction to the legal problems of the sale of "second-hand houses"

* * * The sale of second-hand houses requires the consent of all * * * people.

China's "General Principles of Civil Law" stipulates that the property owned by * * * can only be disposed of with the consent of all * * * people, otherwise the disposition is invalid. Therefore, in the sale of second-hand houses, buyers and sellers should pay special attention to the existence of housing rights. Because the real estate ownership adopts the registration and filing system, the house owner must sign the real estate sales contract when trading, and the buyers should pay attention to the authenticity of these signatures. In addition to the signature of minors can be signed by parents, other signers must have legal written authorization and be notarized by a notary office. It should be noted that if only one party's name is registered as the sub-property right of the house jointly owned by husband and wife, the buyer needs to confirm that both husband and wife have the same will to sell the house.

In practice, this sometimes happens; If the house whose property right belongs to * * * is sold by individuals without the consent of all * * * owners, and other * * obligees file a lawsuit to confirm that the buying and selling behavior is invalid, if the buyer is a bona fide buyer, that is, he does not know that the seller has transferred the house without the consent of all * * * owners, the court will generally not rule that the second-hand house transaction is invalid. This is from the perspective of stabilizing the order of real estate transactions and facilitating judicial operation. Other * * * someone can only investigate the responsibility of the individual right holder who sells the house without authorization.

The three parties need to clarify their respective rights and responsibilities.

If the seller entrusts an intermediary, it shall sign a written entrustment agreement with the intermediary. In the agreement, the selling price of the house should be clearly defined, and the seller should pay attention to distinguish between "net hand price", "selling price" and "contract price", and clarify the ownership and use status of the house and the authorization authority. The seller should have an original entrustment agreement. It should be noted that.

When the buyer looks for the seller through the intermediary, he should ask the intermediary to show the entrustment agreement signed with the seller for the listing and sale of the house. The agreement should include the basic information of the house, the house price, the entrustment period and the terms of entrusting the intermediary company to collect the down payment from the buyer. The written agreement signed between the buyer and the medium price shall include terms such as house price, retention period, deposit treatment, etc., and shall be stamped with the seal of the intermediary company. The buyer shall have at least one original contract. After signing an agreement with the intermediary, before actually paying the deposit, the buyer should also confirm whether the intermediary can collect the deposit under the authorization of the last one. When paying the deposit, the intermediary should be required to issue a receipt. The receipt shall be signed by the agent and stamped with the seal of the intermediary company.

Buyers should check whether the seller's house is for rent.

If the second-hand house has been rented by the lessee before the sale, the lessee has the preemptive right under the same conditions during the lease period. The seller shall inform the lessee of the house to be sold three months before the sale, and inform the lessee of the sale conditions such as the house price. The lessee shall decide whether to exercise the preemptive right as soon as possible within three months at the latest. If the lessee waives the preemptive right, the seller may sell the house to others after obtaining a written statement issued by the lessee. If the seller sells the house to others without informing the lessee, the lessee has the right to claim that the sale is invalid to the court. For property buyers, in order to avoid such problems, it is necessary to conduct on-the-spot investigation on the house to determine whether there are tenants living in order to ensure the safety of the transaction.

Properly solve the follow-up matters after signing the contract.

After the buyer and seller sign the sales contract, there are some follow-up problems, such as household registration transfer and maintenance fund transfer, in addition to collecting the house payment and going outdoors. In this regard, buyers and sellers should also properly handle and avoid unnecessary disputes. When signing the Real Estate Sales Contract, the buyer and the seller should combine the payment method of the buyer and the delivery situation of the seller to ensure their respective rights and interests. For example, the two parties can agree to pay 30% of the house price after signing the contract, 30% when handing over the house, and 35% when transferring the property rights. At the same time, both parties should clarify the liability for breach of contract. If the delivery or payment is overdue, a certain percentage of the total house price will be paid as liquidated damages every day. If it exceeds a few days, one party has the right to choose liquidated damages; if it exceeds a few days, one party has the right to choose to terminate the contract and demand the defaulting party to bear the liability for breach of contract. In short, the more detailed the contents of the sales contract, the stronger the operability of performance, and the more it can promote the smooth sales.

There is a big difference between "two deposits"

Deposit dispute is a very common problem in the sale of second-hand houses. The main reason is that buyers and sellers fail to fully understand the legal significance of "down payment". If the sale of second-hand houses is signed under the auspices of an intermediary, there are generally two deposits in the transaction process. The first deposit appears in the process of entrusting the intermediary between the buyer and the seller, which is used to ensure that the buyer and the seller sign the Real Estate Sales Contract at a certain place within the agreed time and according to the agreed conditions. If the buyer reneged at that time and did not sign a sales contract with the seller, he would bear the risk that the deposit would be confiscated by the seller. If the seller goes back on his word and does not sign the real estate sales contract, he shall bear the responsibility of double down payment.

The second deposit appears in the real estate sales contract, which is used to ensure that after the sales contract is signed, the buyer and the seller can earnestly perform their respective obligations according to the contract. In case of breach of contract, the breaching party shall bear corresponding responsibilities.

Of course, buyers and sellers can also sign a real estate sales contract directly without an intermediary, or they can stipulate a deposit clause in the contract to ensure that after signing the contract, both parties can fulfill their respective obligations according to the contract.

The rights of the third-class second-hand houses are limited and must be strictly examined before the transaction.

There are the following types of second-hand houses with limited joint rights: first, there is no mortgage, such as houses purchased through mortgage loans. The sale of mortgaged second-hand houses requires the consent of the mortgagee. If the mortgagee does not agree, the transaction can only be transferred after the mortgage relationship is lifted. Second, it was seized by the court and other organs. Generally, it is necessary for the property owner to provide additional property to the court in exchange for the seized house, or to lift the seizure according to law by other means before the second-hand house can be bought and sold. Third, when the house is initially allocated to the lessee, there are certain restrictions on the subsequent transfer, and it will generally be filed in the housing ownership registration authority. Most of this happens when the owner of the house was originally in a certain unit, and then the unit distributed the house as a kind to the employees. Although employees are property owners on the "small property right certificate", only when certain conditions are met can they transfer their houses to the market to buy and sell such second-hand houses. Generally, the original issuing unit that sets the transfer conditions needs to issue a written certificate of consent to the transfer.