Transfer process and matters needing attention of second-hand housing property rights in Dalian

Now the second-hand housing market is also very hot. Second-hand houses have incomparable advantages over new houses. The surrounding facilities of second-hand houses are mature, and the property is good or bad. Ask people who live here. Unlike faster, you need to worry that the various schemes and supporting facilities promised by developers are difficult to cash. So now many people favor second-hand houses when buying a house. So, what should I pay attention to when buying a second-hand house? What is the transfer process of second-hand housing property rights?

First, the second-hand housing transfer process

1. The buyer shall review and investigate the property rights of the house. When examining whether the house property right is complete, true and reliable, we should pay attention to whether the owner's name on the property right certificate is consistent with the name on the seller's ID card, whether there is mortgage and whether there is anyone.

2. Sign a contract for the sale of second-hand houses.

3. Find an appraisal company to make an appraisal. This process usually takes 5~7 working days.

4. The house to be loaned shall handle relevant mortgage business. If it is a combination of provident fund loans and commercial loans, you must apply to the provident fund center and the bank at the same time. This is the most time-consuming stage in the whole second-hand housing transaction process, which usually takes about 40 working days.

5. After handling the mortgage, you need to pay attention to the cancellation of the other warrants of the real estate.

6. Submit the contract to the relevant service window of the property rights trading center of the housing management department and take the acceptance form.

7. Pay the relevant taxes and fees at the agricultural tax center with the acceptance form, and get the deed tax payment certificate.

8, with the tax payment certificate to the land management department for land certificates.

9, with the tax payment certificate to the housing management department for real estate license.

If the house is paid in full, the third and fourth procedures can be omitted. After these steps, the three certificates of real estate have been completed. The whole process takes about one and a half months to two months.

Second, the second-hand housing transaction matters needing attention

1. Is the property right of the second-hand housing transaction 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.

2. Precautions for second-hand housing transactions 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.

3. Precautions for second-hand housing transactions Whether the housing procedures are 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.

4. Precautions for second-hand housing transactions: Is the transaction house 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 our country, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the house sales contract cannot compete with the previous 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.

5. Whether the welfare housing of second-hand housing transactions 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.

6. Precautions for second-hand housing transactions Does municipal planning have an impact?

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.

7. Precautions for second-hand housing transactions 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.

8. Second-hand housing transactions announce whether the unit houses are 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.

9. Precautions for second-hand housing transactions Is the intermediary company illegal?

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.

The above is about the matters needing attention in the purchase of second-hand houses and the relevant answers to the transfer process of second-hand housing property rights. Buying a house, whether it is a second-hand house or a new house, is prone to some disputes; Buying a house is a happy thing. Before buying a second-hand house, it is helpful for us to know the relevant matters needing attention and the transfer process.

(The above answers were published on 2015-12-21. Please refer to the actual situation for the current purchase policy. )

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