Zigong Safety Property Service Responsibilities

I. Procedures and steps for purchasing commercial housing

There is a complicated and tedious procedure for buying commercial housing. Generally speaking, there are the following steps:

1. Sign a real estate purchase order or subscription, and pay the down payment to the developer or his agent.

The power of attorney or subscription book is an appointment contract in legal nature, and both parties have the obligation to abide by it, otherwise the penalty of deposit will apply. In case of pre-sale, the subscriber shall verify the pre-sale permit and business license of the pre-seller, and the pre-seller shall express the following matters to the pre-buyer in writing:

(1), name, registered address, telephone number and legal representative of the pre-seller.

(2) Pre-sale permit for commercial housing.

(3), project development progress and completion delivery time.

(four) the plan diagram of the project and its supporting facilities.

(five) the structure type, apartment type, decoration standard and public building area allocation method of commercial housing.

(6) The price and payment method of pre-selling commercial housing.

(7) Special account for advance payment of commercial housing.

(8), property management matters.

(nine) other matters stipulated by laws and regulations.

2. If the commercial house is sold now, the seller shall meet the following conditions:

(1), with business license of enterprise legal person and qualification certificate of real estate development enterprise;

(2) Having a certificate of land use right or a document approving the use of land;

(3), holding a construction project planning permit and construction permit;

(4), has passed the completion acceptance;

(5), demolition and resettlement has been implemented;

(6) Supporting infrastructures such as water supply, power supply and gas supply are available for delivery, and other supporting infrastructures and public facilities are available for use or the construction progress and delivery date have been determined.

(7) The property management plan has been implemented.

Two, sign a formal real estate pre-sale contract or commercial housing sales contract.

Usually, local real estate management departments will provide standard contract samples through developers, and both parties can negotiate and modify them one by one. When signing a contract, buyers should pay attention to bring ID cards, household registration books and other identification materials. Generally, the contract is concluded at the developer or the law firm designated by the developer. In order not to lose money, the buyer had better bring a lawyer. Of course, further notarization or witness is more appropriate.

3. Go through the pre-sale and pre-purchase registration procedures.

Both parties shall, within 30 days after the signing of the pre-sale contract, go through the registration formalities at the real estate transaction registration agency where the contract project is located. Without registration, the contract has no legal effect.

Fourth, apply for mortgage registration.

If the purchaser needs a bank loan, he shall, within 30 days from the date of signing the Real Estate Mortgage Loan Contract or the Pre-purchased Commercial Housing Loan Mortgage Contract with the bank, handle the real estate mortgage registration at the real estate management department where the real estate is located with the mortgage contract, the house sales contract and relevant documents.

Verb (abbreviation of verb) commercial housing delivery.

After the house meets the agreed conditions, the seller sends a notice of occupancy or delivery to the buyer, and the buyer enters the site for on-site acceptance, signs the delivery documents and obtains the house key. Delivery is the behavior of both parties, but delivery does not lead to the transfer of housing property rights.

6. The deed of transfer is the title certificate.

Within the agreed time limit after the delivery of the house, the seller shall cooperate with the buyer to handle the formalities of property right transfer and real estate ownership registration. After the property certificate was issued, all the formalities were over.

Two, the purchase of commercial housing, the signing of the purchase contract matters needing attention.

First, check the legality of developers and real estate projects.

To buy commercial housing, we need to know the economic strength and qualification of the developer first. The state has strict capital and qualification requirements for real estate development enterprises. For example, the registered capital must be above 6,543,800+0,000. Without corresponding qualifications, real estate development cannot be carried out, and developers without strength may not fulfill their promises. If you don't know the economic strength and qualification of the developer, you can go to the departments of industry and commerce, construction and housing management to inquire about the credit file information of the developer.

1, real estate development projects must have "five certificates". The five certificates are: state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit, and commercial housing pre-sale (sales) permit. In the pre-sale stage of commercial housing, the key point is to check whether the project building can be sold.

2. The developer should publicize in the real estate sales department of the sold project: ① development qualification and business license; (2) Pre-sale (sales) license of commercial housing and the plan and elevation of approved sales; ③ Archive surveying and mapping report; ④ Schematic plan of the project and its supporting facilities; ⑤ Price list of commercial housing for sale; ⑥ Demonstration property management contract;

Second, sign the commercial housing subscription book.

The second paragraph of Article 22 of the Measures for the Administration of Commercial Housing Sales stipulates that "if it meets the conditions for the sale of commercial housing, if the real estate development enterprise charges the buyer a fee in the nature of advance payment before concluding the contract for the sale of commercial housing, the fee collected shall be regarded as the house price when concluding the contract for the sale of commercial housing; If the parties fail to conclude a commercial housing sales contract, the real estate development enterprise shall return the fees collected to the buyer; Unless otherwise agreed by the parties, the agreement shall prevail. " According to this clause, after the buyers are satisfied with the communication with the developers, they can sign a subscription book with the developers, and then sign a formal commercial housing sales contract for the houses within the pre-sale permit. The subscription book generally only stipulates the main contents such as the location, shape, area, price and delivery date of the house, but generally does not stipulate the delivery standard, payment method and liability for breach of contract. Therefore, signing the subscription book does not mean that the purchase contract has been completely signed. Before obtaining the pre-sale permit, the real estate development enterprise shall not pre-sell, and shall not charge the buyer the deposit, advance payment and other expenses in disguised form by subscription, reservation, lottery and VIP card issuance, and shall not participate in any exhibition activities.

Third, sign a formal "commercial housing sales contract" online.

The buyers of the sales department of the development enterprise should ask the development enterprise to sign a formal "Commercial Housing Sales Contract" using the online signing system of the Housing Authority, and put it on the line for real-time filing. After signing the commercial housing sales contract online for the record, the buyers will receive a free text message from Zigong Real Estate Administration "The commercial housing sales contract of XX apartment on XX floor of XXX project you purchased has been put on record". In order to prevent developers from selling more than one room, property buyers can also ask developers for advance notice registration of pre-purchased commercial housing.

Four, signed a formal "commercial housing sales contract" in several matters needing attention:

1. When signing the Commodity House Sales Contract or supplementary contract, the buyer shall require the developer to sign the contract online. After submitting the contract, they can file it in time, receive the filing prompt information or use the filing number printed on the filing contract for online verification. I can't believe the manual contract provided by the developer, and I can't put it on record for the time being.

2. According to Article 1 of the Forward Construction Department of Zigong Real Estate Administration: "Since June 1 2004, the unit price and total price of commercial housing sales in the whole city are calculated according to the interior construction area (acquired construction area)", the unit price agreed by the buyer and the seller in the commercial housing sales contract must be the interior unit price.

3. When signing a commercial housing sales contract or supplementary contract, buyers should pay attention to whether there are any agreed terms on the ownership of clubs, kindergartens, activity rooms and other buildings supporting the community in the contract, and the agreed terms should stipulate the ownership and use nature of the house.

4. Determine the acquisition time of the real estate license. Article 19 of the Commercial Housing Sales Contract clearly stipulates the time limit for handling the real estate license and the liability for breach of contract. When signing a contract, buyers should pay attention to the agreed time, and developers should not be allowed to delay the time of handling real estate licenses indefinitely.

5. When the buyers sign the Commodity House Purchase and Sales Contract or Supplementary Contract, is there any special agreement on pre-property services and special maintenance funds in the commodity house purchase and sales contract?