What are the detailed procedures and precautions for second-hand housing transactions?

The whole process of second-hand housing transaction is roughly divided into the following stages:

(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.

(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 seller apply to the real estate management department, the management department should check the relevant documents.

Review the property rights, and allow the transfer procedures for houses that meet the listing conditions. If there is no property right or some property rights are not approved by other property owners in writing, 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. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed".

(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.

(6), handle the transfer of property rights transfer procedures. 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 through the loan formalities at the loan bank, and the bank will review the buyer's credit standing.

Evaluate the houses to be traded by both parties, determine the buyer's loan amount, 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 the loan in one lump sum.

(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.

Precautions:

(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.

(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 pays the land transfer fee, and the buyer enjoys relatively 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.

There are many and complicated tax regulations for the sale of second-hand houses, and the accumulated amount of tax is relatively large, so it is very necessary to estimate the tax burden. According to state regulations, property buyers should bear deed tax and stamp duty.

Under certain conditions, the seller shall bear business tax, urban construction tax, education surcharge and personal income tax. According to the nature of buying and selling houses and the actual situation in various places, land value-added tax, property tax, handling fee, transaction management fee and other taxes may also occur.

In addition, factors such as the nature, size, use and registration time of property rights may also change the tax rate of deed tax. According to the actual situation of the house to be traded, the buyer and the seller can specifically understand the tax items and tax rates from professionals or relevant departments.

Extended data:

Five levels of second-hand housing transaction

1, favorable price

The most critical link in the sale of second-hand houses is house price evaluation. For inexperienced owners, it is difficult to find buyers if the price is set high, and it will suffer economic losses if it is set low.

Suggestion: entrust the house to a reputable intermediary company, and then make a fair evaluation of the customer's house through market comparison method, income method and cost method. The common market comparison method requires appraisers to have rich trading experience, be familiar with the market price, and be able to make a more accurate evaluation of the house price according to the location, orientation, decoration degree and age of the house.

2. Contract settlement

Second-hand housing transactions often lead to disputes because the contracts signed by both parties are not standardized. When signing a contract, we often pay attention to many details, such as indoor facilities, payment methods, specific delivery time, tax payment and so on.

Suggestion: If a formal intermediary company is entrusted and a sale transaction is finally reached, the intermediary company will provide a standardized and detailed text of the sale contract, which will reduce a lot of trouble for buyers and sellers and avoid disputes arising from irregular contracts. Subsequently, the seller should settle all the property fees and heating fees to prepare for the next link of the title deed transfer.

3. Transfer of ownership

Handling the title deed transfer of the house is the most time-consuming and labor-intensive step in the process of buying and selling. Handling the transfer involves a series of policies and regulations, and the procedures are cumbersome. Due to the lack of real estate transaction knowledge, relevant experience and procedures of relevant departments, buyers often run off their legs, and things are not done satisfactorily, which consumes a lot of human and financial resources.

Suggestion: Some formal intermediary companies can handle the transfer on their behalf, and the staff of their accreditation departments are familiar with relevant policies, regulations and processes and have rich experience. Therefore, entrusting a professional intermediary company to handle property transfer is the first choice of most consumers, which saves time, effort and worry.

4. Payment and settlement

Paying the house payment is a link that customers are most worried about, ranging from hundreds of thousands to hundreds of thousands. Once there is a problem, the buyer will suffer huge losses. In the sale of houses, there is a real estate delivery risk. Buyers are worried about the transfer of property rights and can't get the title certificate; The seller is worried that the title certificate is in the buyer's name and the buyer is in arrears with the house payment.

Suggestion: In view of the above situation, some large formal intermediary companies have launched the "intermediary mediator" service. The buyer will hand over the house payment to the intermediary company for safekeeping, and the seller will hand over the original title certificate to the intermediary company for safekeeping. The intermediary handles the transfer of property rights for both parties. After getting the new title certificate, the intermediary pays the house price to the seller on the one hand and the new title certificate to the buyer on the other, which ensures the interests of both parties.

Step 5 send for inspection

Property delivery is the last link in commercial transactions. If it can be successfully completed, the customer can move in immediately, and the original owner is no longer responsible for the house.

Suggestion: When the real estate is submitted for examination, the intermediary company will provide a real estate submission form for the buyers and sellers to fill in and confirm. The contents of house inspection mainly include: whether the house property conforms to the contract; Whether the furniture in the house has been emptied; Whether the key has been delivered; Whether the utilities, gas, telephone and cable viewing fees have been settled.

Baidu encyclopedia-second-hand house transaction