How can I buy a second-hand house with confidence?

Combined with the case undertaken by the author, this paper introduces the common fraudulent means and coping methods of buying second-hand houses. The first trick: verifying the identity of the last family is the primary case: Mr. Liu found an intermediary to buy a house because of the house demolition. The intermediary company recommended him a house, and Mr. Liu was quite satisfied. He signed a purchase contract with the last Mr. Zhang introduced by the intermediary company, and paid the down payment and deposit to Mr. Zhang twice. But when I came to pay the house, I couldn't find Mr. Zhang. Later, I learned that Mr. Zhang was not a property owner at all. He only rented the house, and the real estate license was forged. Mr. Liu had to call the police, but Mr. Zhang has not found it so far. Countermeasures: Now everything is fake, the graduation certificate is fake, the identity card is fake, and the real estate license is of course fake. Nowadays, "urban psoriasis" can be seen everywhere, which provides great convenience for these scams. Fake ID cards and fake real estate licenses can be done for two or three hundred yuan. Second-hand houses are different from first-hand houses, which deal with developers. This problem generally does not exist. Therefore, the first step in buying a second-hand house is to verify the identity of the other party you are trading. The easiest way is to check the ownership of the house at the real estate trading centers in various districts. As long as you spend tens of dollars on your ID card, the trading center will give you a document with basic information about the house, including the name of the owner, mortgage loan, area and other basic information. If you are afraid that the other party will pretend to be the landlord with a fake ID card, you can also entrust a lawyer to the Public Security Bureau to investigate the population information in order to verify the identity of the seller. If you do these two jobs well, you can sign a contract with the other party with confidence, and you don't have to worry about meeting Mr. Liu. The second measure: the loan contract should be carefully examined. Case: Mr. Li signed a 500,000 yuan purchase contract with his family. Because Mr. Li needs a bank loan, he went through the mortgage loan formalities through the guarantee company introduced by the intermediary. The guarantee company went through the formalities and asked Mr. Li to sign a loan contract at the bank. When Mr. Li arrived at the bank, the guarantee company told him that this was a standard contract provided by the bank and there would be no problem. Just check the loan amount. Mr. Li felt that there would be no mistake in the standard contract of the bank, so he simply looked at the loan amount and signed it. A week later, at the loan time promised by the bank, Mr. Li still didn't receive the loan, so he called the bank to ask, and the bank told him that the loan had been transferred to the account of the guarantee company in accordance with the loan contract. Mr. Li went to the guarantee company again, and the people in the guarantee company assured him that it was the company's rule to transfer the loan directly to the last account the next month. Later, Mr. Li went to the guarantee company many times, but the guarantee company kept dragging on, and finally people went to the building. Later, Mr. Li learned that the guarantee company had long been insolvent, so he used his crooked brain to misappropriate customer loans. They write the loan into the account of the guarantee company in the customer's loan contract, then use the customer's negligence to trick the customer into signing the contract, then illegally misappropriate the loan, and finally "go up in smoke" when they are unable to repay it. Although Mr. Li immediately reported the case and later arrested the main person in charge of the guarantee company, the money had been squandered and Mr. Li was sued by his family for failing to pay the balance of the house payment. Countermeasures: If you take out a loan, the transaction procedure is generally like this: Step 1: The next home pays the down payment. Step 2: After the last family gets the down payment, transfer the house to the next family. Step 3: The next home will mortgage the house to the bank after obtaining the real estate license or the receipt received by the trading center. Step 4: The bank issues loans to the next family. Step 5: both parties hand over the house, settle the water and electricity bills, pay off the balance and end the transaction. In the process of applying for a loan from a bank, if the application is a commercial loan, the bank will ask the next family to find a guarantee company to guarantee, and the next family will generally adopt a guarantee company recommended by an intermediary company. A few unscrupulous guarantee companies will exploit the loopholes of property buyers and seek illegal interests. Although Mr. Li has concluded a standard contract provided by the bank, he can't sit back and relax because there are many things to fill in the standard contract. If we don't pay attention to these contents and check them carefully, they will be easily used. The third trick is to pay the down payment to the loan bank case: Miss Wu took a fancy to a house, but the last one still got a bank mortgage loan of 300,000 yuan in this house. The intermediary said that the last one had to cancel the mortgage before the transfer, but because the last one was unable to pay 300,000 yuan to repay the loan, I hope Miss Wu will pay a little more down payment and then go home to cancel. As a result, Miss Wu paid a down payment of 200,000 yuan to her family after signing the contract, but the family did not go to the bank to cancel the mortgage. Finally, I went home and said that because of the business deficit, I paid off the 200,000 yuan paid by Miss Wu. Miss Wu was trembling with anger, but now there is nothing she can do but go to court. Countermeasures: If the last one has a mortgage loan, then the last one must pay off the loan first and go through the mortgage cancellation procedures at the real estate trading center before trading (some trading centers also require several working days after the mortgage cancellation procedures are completed). In this case, the last family usually asks the next family to pay a certain down payment to repay the bank loan in order to cancel the mortgage. However, if the next family gave the down payment to the last family, and the last family did not cancel the mortgage as agreed at the beginning, but used it for other purposes, then this situation of Miss Wu appeared. However, if the next home insists on paying the down payment after canceling the mortgage, it is likely that the transaction will fail because of the lack of funds at the last home. In this regard, the next home can let the last home contact the bank. After the last home has completed the loan repayment procedures, the down payment will be directly remitted to the last home's account in the bank, and the bank can transfer money on the spot and issue other warrants. In this way, it is impossible for the last family to misappropriate the down payment delivered by the next family. The fourth measure: the transaction transfer office entrusted notarization case: Ms. Xie took a fancy to a second-hand house, but there was a mortgage loan from the bank on this house. The family asked Ms. Xie to pay the down payment before canceling the mortgage. Ms. Xie learned that as long as the down payment is directly remitted to her family's loan bank, she went to the loan bank with her family to help her repay. The last one also paid off the bank loan according to the contract and got other warrants. However, due to the regulations of the trading center, it will take three working days to go through the transfer formalities after the mortgage cancellation procedures are completed. So Ms. Xie made an appointment with her family for three working days. But on the appointed day, the last family didn't come. The other party said that he was on a business trip, and then said that the family did not agree to sell it. In fact, Ms. Xie later learned that she went to see the house because she thought it was cheap and wanted to go back on her word, so she deliberately did not go through the transfer procedures. Ms. Xie consulted a lawyer, and the lawyer suggested that she must sue immediately to prevent the last family from reselling to others. Ms. Xie had to prepare a lawsuit according to the lawyer's suggestion. Countermeasures: the next family pays the down payment to let the last family cancel the mortgage, but there is a time difference between canceling the mortgage and transferring the ownership. According to the law, whose name is the house, even if you get the key, it's useless. Therefore, only when the transfer is completed and a new property right certificate is obtained can the house become the next home. However, if the last one breaks the contract during this period, the next one will not be able to transfer the ownership on time, but there will be a down payment detained by the last one. In order to avoid this situation, it is best for the next family to ask the last family to handle a power of attorney for the transfer transaction before paying the down payment, and notarize the power of attorney. It is best to indicate the words "this entrustment is irrevocable" on the power of attorney. Generally speaking, employees of intermediary companies can act as trustees. In this case, even if the last family reneges on the transaction, the next family and the trustee can go directly to the trading center to handle the transfer formalities with the entrustment certificate. Of course, the notarization commission will pay the notarization fee, but compared with the house payment of several hundred yuan, the notarization fee is nothing. After all, no one wants to go to court after a dispute. The fifth measure: the last household registration must be moved away. Case: Mr. Gu bought a house only to study for his children. His home is in the suburbs. Now children are enrolled according to their registered permanent residence. In order to give their daughter a better education, Mr. Gu bought a second-hand house near a famous school in the city. At the beginning of buying a house, he asked if the last household registration had moved. At that time, the last family patted their breasts to ensure that the account had moved. Teacher Gu believed him when he saw that he was so sure. So I paid the house payment and went through the formalities of handing over the house. But later, when Mr. Gu went to registered permanent residence, he found that his family's registered permanent residence had not moved, and he was in a hurry. But the family said that the account was not his, and that the account was already on it when he bought a house from someone else, so there was no way. Teacher Gu wanted to go to court to sue Shang Jia, but the lawyer told him that the court would not accept the move. Teacher Gu had to admit that he was unlucky. Countermeasures: the transfer of household registration shall be handled by the public security organs. If you want to move your hukou, you have to find a place to settle down. If you can't settle down, of course you can't move. Therefore, such cases are not suitable for enforcement, and the court has not accepted them. Therefore, before signing a house sales contract, we must first understand the household registration status in the house. The next family had better entrust a lawyer to the household registration office of the public security bureau to investigate whether there is an account in the house. Don't believe the empty promises of the last family. If there is an account in the house, it must be stipulated in the contract that the family will move out before the house is handed over or transferred, otherwise a certain penalty will be paid, or a part of the house price will be reserved until the house moves out. The sixth measure: the loan risk should be grasped: Mr. Chen took a fancy to a second-hand house with a price of10.2 million yuan, but he didn't have enough cash on hand and wanted to pay by commercial loan. The intermediary told him that according to the current mortgage policy and the age of the house, he could borrow 70%, that is, 840,000 yuan. So, Mr. Chen signed a contract with his family and paid a down payment of 360 thousand. According to the contract, the balance of the house payment will be paid by bank loan within one month after the down payment. If the payment is overdue, Mr. Chen will pay a penalty of five thousandths of the balance to his family every day. However, Mr. Chen had trouble getting a loan. The bank said that Mr. Chen borrowed money to buy several suites, so the bank was only willing to lend 50% of the house, that is, 600 thousand. Seeing that the payment time agreed in the contract is coming, Mr. Chen still can't scrape together another 240 thousand yuan. Finally, I had to collect a lot of money. Although it was overdue, I still paid a part of the liquidated damages. Countermeasures: The contract of "down payment+loan" only means that the next family allows the next family to pay by loan, so if the bank refuses to lend or the loan is insufficient due to the next family's own reasons, then the responsibility should be borne by the next family (this issue is controversial, and different courts may have different opinions), but in order to avoid similar risks, the next family must tell the intermediary truthfully about itself when preparing the loan, or directly consult the loan bank to find out. The seventh measure: pay the final payment when handing over the house. Case: Manager Wang signed a house sales contract with his family worth 6.5438+0.5 million yuan. The contract stipulates that 6.5438+0.5 million yuan includes decoration, household appliances, gas and other fixed facilities, and stipulates that 30% of the down payment will be 450,000 yuan on the day of signing the contract, and the remaining 70% will be paid by bank mortgage. Later, the bank released the money, and Manager Wang paid the rest to his family. However, there was a problem when handing over the house. It turns out that the last house still owes more than a year for water, electricity, coal and property management fees, which add up to tens of thousands of yuan. In addition, the two air conditioners in the original room were also removed. But at this time, the family refused to pay any compensation, so the two sides quarreled. Countermeasures: When handing over the house, we should not only check whether the facilities in the house are in line with the contract, but also know the payment of water, electricity, coal, property management fees, cable TV and telephone charges. Generally speaking, the contract will stipulate that these expenses will be borne by the upper family before the delivery and the next family after the delivery. But if the last family owes money and doesn't pay it back, the money will eventually be paid back by the next family. Therefore, we must first understand the payment of these fees by the last family. Actually, it's very convenient to know. Now both the gas company and the water company are promoting convenience services, so you can call the hotline. As for the property management fee, you can go directly to the property management company to find out. The next family can reserve a part of the final payment according to the learned situation and put it in the intermediary office, and stipulate in the sales contract that after the next family passes the acceptance, these expenses will be settled and paid to the last family, so that the next family can avoid risks when handing over the house. The eighth measure: the receipt is not a property right certificate case: Mr. Guo signed a house purchase contract worth 2.2 million yuan, and the payment method stipulated in the contract is: on the day of signing, Mr. Guo made a down payment of 30%, that is, 660,000 yuan, and paid 60% of the second house payment, that is, 654.38+0.32 million yuan, and 654.38+00% of the third house payment after receiving the receipt issued by the trading center. Unexpectedly, when Mr. Guo went to the trading center to get the real estate license five days later, the trading center told him that the real estate license could not be done, because on the third day after Mr. Guo got the receipt, the last family was sued to the court, and the court sealed up the house at the request of the plaintiff. Mr. Guo later consulted a lawyer and learned that in this case, it is best to ask for the termination of the contract and call his family to return the house payment. However, because Mr. Guo has already paid 90% of the house payment at this time, Mr. Guo's loss is still quite large. Countermeasures: Getting the receipt issued by the trading center does not mean that everything will be fine, because according to the law, the sale of houses should be based on the transfer of ownership, that is, whose name is the house. Although Mr. Guo has paid most of the house payment and got the receipt, because he didn't get the house payment, the house is still on the house, and the court has reason to seal it up because the house was sued. Although the probability of this kind of thing happening is relatively small, in order to avoid the risk of buying a house as much as possible, it is best to agree to pay the second installment after the next home gets the real estate license (generally accounting for a large proportion of the house payment). In this case, even if this happens before obtaining the real estate license, the loss of the next home will not be too great.