Disputes over the final payment of second-hand housing transfer

The settlement methods of disputes over the final payment of second-hand housing transfer include: negotiating payment and compensation for losses, applying for mediation, and suing for compensation. In the process of second-hand housing transfer, one party's failure to pay the final payment has already involved breach of contract, and relevant legal responsibilities need to be investigated. Specifically, the settlement of disputes over the final payment of second-hand housing transfer is as follows: (1). You can negotiate with the buyer according to the contract and ask the buyer to pay the final payment immediately and compensate for the losses. (2) If the buyer refuses to pay, he can find an intermediary company to send a letter to mediate in writing. (3) If the buyer still refuses to pay, he can bring a lawsuit to the people's court according to law, or apply for property preservation to freeze the assets in the other party's name and wait for the court's judgment or compulsory execution. The specific process of second-hand house transfer is: (1), the buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and asks the seller to provide legal documents, including house ownership certificate, identity certificate and other documents. (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) deed of house. 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. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed". (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. (6), handle the transfer of property rights transfer procedures. 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, the buyer and the seller go to the loan bank to handle the loan formalities. The bank will review the buyer's credit, evaluate the house that both parties want to trade, determine the buyer's loan amount, 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 has obtained the ownership certificate of the house and paid off all the house price, and the seller has delivered the house and settled all the property fees, all the second-hand house sales contracts of both parties have been fulfilled. Second-hand housing transfer balance should be handled in strict accordance with the above procedures. Especially those that cause contradictions and disputes, they can generally be handled through consultation first. If both parties can reach an agreement on relevant contradictions through consultation, they can handle them according to the agreed situation.

Legal basis: Article 425 of the Civil Law of People's Republic of China (PRC), the intermediary has the obligation to report truthfully. The broker shall truthfully report to the client the matters related to the conclusion of the contract. Where a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not demand a reminder and shall be liable for damages.