Detailed explanation of related expenses and precautions of second-hand housing transaction process

Second-hand housing transactions are very common in our daily life, and the real estate listed and traded after the first-hand sale is called second-hand housing. There are many inside stories in the process of second-hand housing transactions that we need to explore. Today, Bian Xiao will explain in detail the second-hand housing transaction process and matters needing attention, as well as the related expenses of the second-hand housing transaction.

Part 1: second-hand housing transaction process

(1) 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 certificate, identity certificate and other documents.

PS: A. When reviewing the seller's real estate license, you can see that the first or second page of the real estate license has red seals such as "selling at cost", "selling at cost" or "buying privately", indicating that the house was purchased at cost.

B. See if there are any clauses in the sales agreement signed with the original purchase unit, such as "the unit has the preemptive right", "the sale and transfer must be approved by the original property right unit" or "it is not allowed to be listed within five years". In addition, if it is purchased at the cost price and agreed with the original property right unit in advance or purchased at the standard price or preferential price, it is necessary to submit the "Consultation Form for the Sale of Purchased Public Housing and Economically Applicable Housing" to the original property right unit, and it can be listed and traded only after it is approved by the original property right unit.

The contents of the audit include: when the front page of the house ownership certificate has red seals such as "* Private Excellent", "Private Standard", "Preferential Sale" or "Standard Sale", it means that the house was purchased at the standard price or preferential price. Second, look at the agreement in the sales agreement signed with the original property right unit. Of course, the original title certificate must be read, and at the same time, it must be verified by the competent department and the district and county real estate bureau where the house is located, and finally confirm whether the house is qualified for listing and trading.

(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) 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.

PS: Second-hand housing transaction tax includes business tax, personal income tax, stamp duty and deed tax. (Click to view the calculation of transaction tax on second-hand houses).

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

Part II: 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 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.

& gt& gt& gt Time chart of second-hand housing transaction process

(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.

Part III: Transaction costs of second-hand houses.

A normal second-hand housing transaction needs to pay fees, which mainly includes three parts: real estate agency commission, mortgage fee and transaction tax.

1. Real estate agency commission: the service remuneration paid by the buyer and the seller to the real estate agency, which was clearly agreed by the three parties in the previous contract and paid after the transaction was successful. Different intermediary companies may implement different standards. However, according to the regulations of the price department, the commission of the separate branches of the buyer and the seller cannot exceed 3% of the transaction price.

2. Mortgage fees: When mortgage or sub-mortgage is involved, the service fees of mortgage companies, appraisal companies, banks and other relevant institutions need to be paid.

Mortgage expenses mainly include:

1. Housing survey fee: 90 yuan for each certificate shall be collected by the Housing Authority;

2. Housing appraisal fee: the appraisal price ×0.5%, which will be collected by the appraisal company. Do not need an assessment report, only the initial assessment fee 300 yuan;

3. Mortgage agency fee: the service fee charged directly by the mortgage company, with the standard of loan amount × (1%~1.5%); Different mortgage companies have different standards, which are generally 1% or1.2% of the loan amount;

4. Loan insurance premium: loan amount × 1.2×0. 1%× loan period, which shall be collected by the insurance company. The longest term of second-hand housing mortgage loan is 20 years;

5. Notarial fee for loan contract: 300 yuan for each case;

6. Notary fee for the agreement of the mortgage contract: 300 yuan per piece;

7. Transaction entrustment notarization fee: 200 yuan per piece;

8. Bank provident fund agency fee: each 500 yuan case is charged by the corresponding bank;

9. Registration fee for other rights: 250 yuan for each certificate (500 yuan for each certificate in Panyu) shall be collected by the Housing Authority;

10. Stamp duty on loan: 0.005% of the loan amount, which will be collected by the bank.

Among them, most banks do not charge agency fees for bank provident funds. In addition, individual banks will charge a refinancing fee, ranging from 1 1,000 yuan per case in 500 yuan.

Third, the second-hand housing transaction taxes and fees (transaction taxes and fees are directly collected by the Housing Authority, and the buyers and sellers pay the corresponding taxes and fees respectively according to the regulations. )

Taxes and fees for second-hand transactions mainly include:

1. Transaction deed tax: appraisal price ×1.5%; (buyer)

2. Transaction stamp duty: the appraised price × 0.05%; (both parties)

3. Transaction management fee: 3 yuan/㎡ for residential property and 6 yuan/㎡ for commercial property; (both parties)

4. Transaction registration fee: 60 yuan/person per case, calculated according to the number of owners registered in the real estate license; (buyer)

5. Surveying and mapping fees: each 50 yuan/person is calculated according to the number of owners registered in the real estate license; (buyer)

6. Stamp duty on title certificate: each 5 yuan. (buyer)

If the property purchased or traded by the unit is non-residential, the transaction deed tax standard is the appraised price ×3%. If the transaction property is a reformed house, individual income tax shall be paid when it is sold and released: transaction price × 1.3%, land premium × transaction price × 1%, pool area difference × 10.98%× evaluation price × 10%. The standard of seller's premium for second-hand commercial housing transactions is 60 ~ 120 yuan/㎡.

At present, the second-hand market does have the phenomenon of irregular charges. Mainly, some unplanned intermediaries make use of the fact that buyers and sellers don't understand the charging standards to make excuses or increase fees.

One of the most important manifestations is the use of some vague concepts to charge extra. Such as abnormal charges in the name of transaction fees and mortgage fees. Another main performance is that some fees are not charged by all banks or related institutions, and the intermediary has not truthfully informed these situations. Even if the bank or relevant institutions do not collect the money, they will still collect it correctly. For example, the above-mentioned bank reserve payment agency fee and mortgage refinancing fee are only collected by individual banks. Secondly, some intermediaries will raise prices at will on some charging items. For example, the stamp sales fee is 90 yuan per box, and some intermediaries charge 200 yuan. As both parties to a general transaction, in order to avoid losses in this respect, we should choose qualified formal intermediaries, especially big intermediaries with brands. At the same time, we should reserve more common sense in peacetime.

Contracts involved in second-hand housing transactions:

1. Intermediary entrustment contract: When buying a house through an intermediary, the intermediary generally won't let you meet the seller directly. They will worry that you will pass him and reach an agreement directly with the seller. So the intermediary will definitely let you sign an intermediary contract with him.

2. House sales contract: In this contract, the buyer must carefully sign the original ownership of the house, the size of the house, the price of the house and the settlement of various expenses. For the seller, the lowest cost method is to sign a relatively detailed contract, and all the rules and regulations are signed, which can also avoid disputes.

3. Bank loan mortgage contract: If the house payment is not paid in one lump sum when buying a second-hand house, you have to sign a bank loan mortgage contract. This contract involves the seller, the buyer, the seller's loan bank, the buyer's loan bank, the other three parties, the insurance company designated by the seller's loan bank, the insurance company designated by the buyer's loan bank and the intermediary company. This lending behavior may involve many parties, so it is more complicated. In this case, for property buyers, if they want to sign a detailed contract, they can hire a lawyer.

Conclusion: In the process of second-hand housing transaction, we should keep an eye on all sides, listen to all sides, collect information from all sides, and observe and understand in all directions to prevent mistakes in second-hand housing transaction.

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