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What are the precautions in the auction sales contract?
Brother Whale teaches you eight "pit avoidance guides"
0 1 Understand the real estate.
Before buying an auction house, buyers should check the real estate of the auction house, including the service life of the house, whether they can apply for real estate license and the nature of land transfer.
02 understand the lease situation
If the house is leased, it is necessary to know under what circumstances the lessee signed the lease contract, when the lease period starts and ends, how much the rent is for one month, and how to pay the rent, so as to safeguard their rights and interests.
03 Real estate property rights are clear * * *.
The house that was auctioned was auctioned because the debt was not paid off. When purchasing, buyers should pay attention to whether the property is owned by individuals or shared with others, and beware of multiple creditors involved in one room of the property.
Identify all expenses incurred by the transaction.
The court clearly informed that all property fees, utilities, taxes and arrears were paid by the buyer. In order to avoid hidden costs such as sky-high transfer tax, it is necessary to investigate clearly in advance, list the details, and then make a comprehensive analysis of the house price.
Make it clear whether you can get a loan.
Nowadays, many high-quality houses can be loaned in name, which is very difficult to operate in practice. Tripartite consultation must be conducted with the court/bank/guarantee company in advance to ensure that the loan can be released at the specified time.
On-site investigation to ensure the quality of the house.
It is necessary to focus on the internal quality of the house, because when the court entrusts an auction institution to auction, it usually only briefly describes the obvious defects, and other hidden or temporarily invisible quality problems of the house will not be reflected. Property buyers must make on-the-spot investigations and get to know the real information of the house.
Be sure to clean up the scene and sign in on time.
At present, many people who are executed have only one house. They tried not to move out after the house was auctioned. Although the court enforces the auction, it is not responsible for clearing up the occupation of auction houses and bidders. Therefore, property buyers must negotiate in advance, and through in-depth communication between the executor/current resident/court, ensure that they can move in. This work is very difficult, but it is also the most important part of participating in the auction.
08 field trip to determine the psychological price.
Property buyers must conduct on-the-spot investigation on the target property to find out the prices of properties of the same grade around them. According to one's own economic affordability, determine the psychological price expectation of the house, and avoid winning the auction price exceeding the market price on impulse, because if the contract is broken, the deposit paid by the buyer may be "shrunk" or even "wasted".
Seeing this, do you have more confidence in the configuration of French auction rooms? Although it is very complicated and difficult to avoid risks, as long as these key points are well done, you can safely pick up the leak.
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No. 1
As long as you choose a risk-free and flawless house through investigation, you can avoid risks and live in peace of mind. The risk of value auction includes the identity risk of the original owner, the risk of not being able to settle down, the risk of not being able to move in immediately, and the risk of paying back the fees. If you want to buy a house according to law now, you must check whether there are many problems such as creditor's rights, multiple mortgages, multi-party seizure, malicious lease, high arrears, difficulty in moving in the household registration, and hidden sky-high transfer tax. If there is a problem, it may be difficult to stay in Tengfang after buying it.
The risks and preventive measures of the auction house are as follows:
1, multi-head creditor's rights, multi-mortgage and multi-party seizure.
Many owners (executors) who "auction houses according to law" are often in multiple debts or even insolvent, otherwise they will not be reduced to the point where real estate is forced to be auctioned. For example, if he has debts in Changsha, his house will be sealed up by the court in Changsha, and he also has debts in Zhuzhou, which may be sealed up by the court in Zhuzhou; In addition, he may also have private lending and usury, which is the most difficult to sort out the personal debt relationship.
2, malicious lease, it is easy to hand over the house.
It is no problem to buy a blank house or a vacant house. If there are people living in it, it needs to be cleaned before delivery. In many judicial auction announcements, it is clearly stated that "the court is not responsible for clearing the delivery (vacating the house)"; Even if the court promises to be responsible for housing, it is difficult.
3. All relevant arrears shall be paid by the buyer.
The particularity of "legal auction house" tax is that the tax of transferor and transferee is borne by the buyer. Therefore, just like buying a second-hand house, you have to find out whether the house is "completely independent", otherwise, in addition to the deed tax, you have to pay a tax; In addition, the property fees, utilities, gas fees, broadband fees, cable TV fees and other arrears owed by the original owner of the house shall be borne by the buyer. If it is a malicious default for many years, plus liquidated damages, it is a large sum.
4. it is difficult to move into the household registration, and the school district is not guaranteed.
Now, unless an agreement is reached, there is no legal provision for compulsory transfer of accounts. If the original owner's household registration is occupied, especially some school districts, you will not enjoy it.
5, the hidden sky-high transfer tax.
If the property has been given or inherited by non-husband and wife's immediate family members before, the second transfer will generate 20% personal income tax.
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