Buy a house, buy and sell second-hand houses

The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

(2) Sign a contract

The seller provides the legal certificate of the house, and 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 the house purchase contract (or house purchase 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 transfer of ownership

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) contract

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. Now Beijing has cancelled the real estate sales contract during the transaction, which is also commonly known as the "white contract".

(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.

Related reading: What are the taxes and fees for second-hand housing transactions?

(6) Go through the formalities of property right transfer and transfer.

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) Bank loans

For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, 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) Make settlement to complete the transaction.

After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and pays off all the property fees, the sales contract of the second-hand house of both parties is fully fulfilled.

A complete collection of matters needing attention in second-hand housing transactions

(1) Is the house complete?

The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading.

(2) Whether the property right of the house is clear.

Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only some * * * people dispose of the property owned by * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.

(3) Whether the transaction house is being rented.

Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time. Because China, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the housing sales contract cannot compete with the previously established lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.

(4) Is the land situation clear?

Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house. Also pay attention to the service life of the land. If the land use right of a house is only 40 years and the owner has used it for more than ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.

(5) Does the municipal planning affect it?

Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.

(6) Whether the welfare house is legal.

Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.

(7) Is the unit house infringing?

The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.

(8) Is the property management fee in arrears?

Some owners have long been in arrears in property management fees, electricity fees and gas (natural gas, heating and gas) fees when they transfer their ownership, and have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.

(9) whether the intermediary company violates the rules

Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.

(10) Is the contract clear?

Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.

Taxes payable:

Generally speaking, the taxes and fees to be paid for second-hand housing transactions are as follows:

I. Taxes and fees payable by the Buyer:

1, deed tax: 65438+ 0.5% of the house price (13% for the area above 44 square meters, 1% for the area below 90 square meters, and it is the first suite).

2. Transaction cost: 3 yuan/m2.

3. Surveying and mapping fee: according to the specific regulations of each district.

4. Ownership registration fee and evidence collection fee: Generally speaking, it is around 200 yuan.

Two. Taxes payable by the seller:

1. Transaction cost: 3 yuan/m2.

2. Business tax: price difference *5.5% (if the real estate license is less than 5 years)

3. Personal income tax: 20% of the profit from real estate transaction or 1% of the house price (the only house can be exempted if the real estate license is over 5 years).

Materials to be prepared for purchasing second-hand houses: original and photocopy of ID cards of both parties, household registration book, marriage certificate, tax payment certificate, contract, real estate license and land certificate.

First: location

New houses: In recent years, few new houses have been built in urban areas, and most of them are built in suburbs and far away from urban areas.

Second-hand housing: Second-hand housing can be seen everywhere in urban areas and hot spots.

Advantages: the house is in the same geographical location, and the second-hand house naturally has greater advantages.

Second: flow.

New house: Compared with the second-hand house, the traffic is not very convenient, there are not many bus lines, and some real estate roads are not smooth.

Second-hand housing: There is a dense traffic network in the core area of the city, and the traffic environment is naturally superior.

Advantages: In terms of traffic environment, the advantages of second-hand houses and new buildings are different and neck and neck.

Third: appearance

New house: novel appearance, strong sense of modernity and great visual impact.

Second-hand house: The architectural appearance is traditional and single, and the architectural style is mainly in the 1990s. After a long period of exposure to the sun, yellowing and cracks will inevitably occur.

Advantages: From the appearance and interior layout of the building, the new building occupies a large proportion of advantages.

Fourth: Huxing

New house: large studio, open kitchen and spacious living room, which is more in line with modern people's living concept.

Second-hand house: the room is not bright enough, the living room area is too narrow and even some old houses have no living room.

Advantages: From the perspective of total unit area, second-hand houses have the upper hand.

Fifth: price

New house: New buildings generally have large apartment area, high unit price and naturally high total price.

Second-hand housing: Although the apartment is small, the total price is relatively low, which is also an important factor to attract buyers.

Advantages: From the perspective of total unit area, second-hand houses have the upper hand.

Sixth: property management

New house: mostly based on service cards, with mature property facilities, such as greening, security, parking spaces, elevators and other property management.

Second-hand houses: Most second-hand houses were built earlier, so there is no perfect and mature property service.

Advantages: In terms of property services, the new property is slightly better than the second-hand house.

Seventh: location

New house: Most newly-built buildings are remote, which determines that their municipal facilities, commercial facilities and atmosphere are not mature enough and need to be further improved.

Second-hand housing: Second-hand housing is rich in overall business atmosphere, shopping environment and living atmosphere by virtue of its favorable terrain occupying downtown areas.

Advantages: From the overall business atmosphere, the advantages of second-hand housing are more obvious.

Eighth: room for appreciation

New house: the appreciation potential is considerable.

Second-hand housing: make full use of the right time and place, and the appreciation potential will be further enhanced.

Advantages: New houses and second-hand houses have their own advantages, and their future development prospects have their own advantages.

Ninth: Risk

New house: there is a risk of delivery of faster house, and the reality is inconsistent with the promise, such as shrinking area, delayed delivery, and reduction of green space.

Second-hand housing: existing houses are sold now, and the quality of houses is clear at a glance, which reduces the purchase risk of many buyers.

Advantages: Considering the risk factors of buying houses, the advantages of second-hand houses are more prominent.

Tenth: trading

New house: completed by the developer.

Second-hand housing: the transaction procedures and processes are complicated, and it is not easy to get the support of buyers.

Advantages: In terms of real estate transactions, new houses are slightly better than second-hand houses.