What legal issues should be paid attention to when buying a house in Shanghai?

1. What legal issues should I pay attention to when buying a house in Shanghai? The legal issues that should be paid attention to when buying a house in Shanghai are: 1, and the developer's development and operation qualification must be legal. That is, the developer must have the Business License of Enterprise as a Legal Person and the Qualification Certificate of Real Estate Development Enterprise, and carry out development within the business scope specified by its qualification; 2, development and construction procedures must be legal. Development projects must obtain land use right certificates, construction land planning permits, construction project planning permits and construction project construction permits; 3. Business conduct is legal. In addition to the above conditions, the sale of existing homes must pass the acceptance, the supporting construction of project roads, water supply and drainage, power supply, gas supply, heating, communication and greening has been completed or the completion date has been determined, the demolition and resettlement has been implemented, and the property management has been implemented, and the real estate development project manual has been verified with the real estate management department according to regulations; In addition to the above conditions, the auction house must also obtain a pre-sale permit for commercial housing. 4. When signing the contract, first, we should choose the commercial housing purchase contract (model text) of the State Administration for Industry and Commerce and the Ministry of Construction, and fully standardize it; Second, pay attention to the content that the developer promises to include in the contract. 5. If you buy a house, you should ask the developer for the "Residential Instruction Manual" and "Residential Quality Guarantee" when handing over the house. Related knowledge: 1. Can the deposit be refunded? "Deposit" and "deposit" are different legal concepts. This is the usual way for developers to evade legal responsibility. The Guarantee Law of People's Republic of China (PRC) stipulates that the amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract. In the transaction of commercial housing, after the buyer performs the contract, the deposit shall be used as the price or recovered; If the buyer fails to perform the contract, he has no right to demand the return of the deposit; if the developer fails to perform the contract, he shall return the deposit twice. Deposit is not a normative legal concept. In fact, it has the nature of advance payment, but it does not have the nature of guarantee. In the transaction of commercial housing, the buyer's failure to perform the contractual obligations does not mean that he has lost the right to request the return of the deposit; On the other hand, if the developer fails to fulfill his obligations, there is no need to double the deposit, but this does not mean that the defaulting party will not be liable for breach of contract. 2. After signing the contract, can I go back on my word because of the price change? Commercial housing is also a commodity. After the buyer and seller signed the contract, there was no agreement and legal reason to return the house. If either party breaches the contract, it shall be liable to the observant party for breach of contract. In addition, from a legal point of view, it is difficult for old owners to protect their rights through developers' price reduction, which is a real estate transaction risk. Unless there is an agreement in the contract, if the developer has a written commitment when signing the contract, promising not to reduce the price, or to compensate the owner for the loss if the price is reduced, then compensation can be obtained. Smashing the sales office can only be futile and even constitute a crime. 3. What do you mean by "five certificates" and "two books"? What are the risks of purchasing commercial housing with incomplete procedures? "Five certificates" refer to the state-owned land use certificate, construction land planning permit, construction project planning permit, construction project construction permit, construction project commencement permit and commercial housing sales (pre-sale) permit; "Two books" refer to the residential quality guarantee and residential instruction manual. Risk: 1. The time limit for the owner to obtain the ownership certificate cannot be determined; 2. In order to obtain the ownership certificate, you need to pay extra fees, such as paying the land transfer fee; 3. Only the right to use can be obtained, but the ownership certificate cannot be obtained, and it cannot be listed and traded; 4. It may be forcibly demolished by the government because of illegal buildings. Whether local people or people from other regions have the ability to buy a house in Shanghai, they should always pay attention to some legal issues that must be clarified in time to prevent themselves from being violated by the other party after paying the house price, because real estate has more resource advantages than ordinary people. Once ordinary people don't notice the loopholes in the contract, they will be exploited by the other party and it will be difficult to defend their rights.