What are the precautions for buying a house?

Buying a commercial house is a great event for ordinary people, which not only costs a lot of savings, but also bothers them. And the disputes arising from the purchase of commercial housing are a headache for property buyers. Therefore, understand the relevant knowledge and precautions of commercial housing before buying. Can play a very good role in preventing disputes. At present, the sale of commercial housing is divided into pre-sale of commercial housing and current sale of commercial housing. Now try to analyze what matters should be paid attention to when buying pre-sale commercial housing. Pre-sale of commercial housing refers to the real estate transaction in which a real estate development enterprise sells the commercial housing under construction to the buyer in advance before the completion of commercial housing construction, and the buyer pays the deposit or advance payment in a certain period of time in the future according to the contract. Property buyers should grasp the following important links when purchasing pre-sold commercial housing: 1. Pay attention to the conditions for real estate development enterprises to pre-sell commercial housing. The Urban Real Estate Management Law stipulates the following conditions for the pre-sale of commercial housing: 1. The land use right transfer fee has been paid in full, and the land use right certificate has been obtained. Having legal land use right is a prerequisite for real estate development and pre-sale by real estate development enterprises, and houses developed on land without land use right are illegal buildings. Property buyers need to verify the land use right certificate of the development enterprise before buying to ensure the legitimacy of the house. 2. Hold a construction project planning permit. This provision is the premise of housing construction. The construction projects of real estate development enterprises conform to urban planning, and construction can only be started after obtaining the construction project planning permit. 3. According to the calculation of pre-sale commercial housing, the funds invested in development and construction have reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined. This provision is to ensure the stability of the project construction and timely delivery, prevent developers from relying too much on the project development advance payment, and prevent the failure to deliver the house on time from harming the interests of buyers. 4. Go to the real estate management department of the people's government at or above the county level for pre-sale registration, and obtain the pre-sale permit certificate of commercial housing (enterprises developing real estate in this city should register with Rizhao Real Estate Management Bureau and obtain the pre-sale permit certificate of commercial housing issued by the bureau). The purpose of this regulation is to put the real estate pre-sale activities under the supervision of the government real estate management department to ensure the legality of the pre-sale of commercial housing. Second, understand the basic contents of the pre-sale contract of commercial housing. That is, real estate development enterprises and property buyers should specify the names and addresses of both parties. 2. Basic information of pre-sale commercial housing. The pre-sale contract shall clearly record the location, location, land use right certificate number, land use right acquisition method, land use nature, construction project planning permit number, commercial housing pre-sale permit number, housing construction area, housing structure, housing completion delivery date and attached housing plan. 3. area. The area of pre-sale commercial housing should be calculated in square meters, and it is clear whether it is construction area, interior area or other area. 4. price. That is, the price of pre-sale commercial housing, including unit price and total price, such as how many yuan per square meter. Although China's Urban Real Estate Management Law stipulates the conditions and procedures for the pre-sale of commercial housing, there is no uniform provision on the amount and duration of the pre-sale payment, and the parties concerned should make it clear in the contract. 5. Delivery method and time limit of the house. Exemption conditions for delayed delivery. For example, the contract can stipulate that due to some natural events, such as earthquakes, floods, bad weather, etc., the delivery period of real estate development enterprises can be reasonably extended. 6. The nature of the house. Is it a residential building, an office building or a production building or something else? 7. Liability for breach of contract. Including the responsibility that the buyer can't pay the price according to the contract and the responsibility that the pre-seller can't deliver the house on time with good quality and quantity. 8, real estate ownership registration obligations. 9. Property management clauses. 10, dispute settlement. Such as litigation or arbitration. 1 1, other terms or terms agreed by the parties. Let's talk about the matters that should be paid attention to when buying an existing house: 1. Pay attention to the conditions for real estate development enterprises to sell commercial housing. On April 4th, 2000 1 year, the Ministry of Construction issued the Measures for the Administration of Commercial Housing Sales, which came into effect on June1year. It is stipulated that real estate development enterprises should meet the following conditions when selling commercial houses: (1) Real estate development enterprises should have business licenses of enterprise legal persons and qualification certificates of real estate development enterprises; (2) Obtaining a land use right certificate or a land use approval document; (3) Holding a construction project planning permit and a construction permit; (4) It has passed the completion acceptance; (five) the demolition and resettlement has been implemented; (six) water supply, power supply, heating, gas, communications and other supporting infrastructure have delivery conditions, other supporting infrastructure and public facilities have delivery conditions or the construction progress and delivery date have been determined; (seven) the property management plan has been implemented. Do not meet the conditions for the sale of commercial housing, real estate development enterprises shall not sell commercial housing, nor shall they charge the buyer any advance payment. Real estate development enterprises shall not sell commercial housing in the form of returning to capital or in disguised form; It is also not allowed to sell unfinished commercial housing by after-sales charter or disguised after-sales charter. If it meets the conditions for the sale of commercial housing, if the real estate development enterprise charges the buyer the prepayment fee before concluding the contract for the sale of commercial housing, the fee collected shall be regarded as the house price when concluding the contract for the sale of commercial housing; If the parties fail to conclude a commercial housing sales contract, the real estate development enterprise shall return the fees collected to the buyer. Second, understand the contents that should be clearly stipulated in the commercial housing sales contract (1), the names and addresses of the parties; (two) the basic situation of commercial housing; (three) the way of commercial housing sales; (four) the method of determining the price and total price of commercial housing, the method of payment and the time of payment; (5) Terms and date of delivery; (six) decoration, equipment standards commitment; (seven) water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities; (eight) the ownership of public buildings; (nine) the way to deal with the area difference; (10) Handling matters related to the registration of property rights; (eleven) the method of dispute resolution; (12) Liability for breach of contract; (13) Other matters agreed by both parties. If the price is calculated according to the interior construction area or the construction area, both parties shall specify in the contract how to deal with the error between the area agreed in the contract and the registered area of property rights. If there is no agreement in the contract, it shall be handled according to the following principles: 1, and the absolute value of the area error ratio is within 3% (including 3%), and the house price shall be settled according to the facts; 2. When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the buyer cancels the house purchase, the real estate development enterprise shall return the paid house price to the buyer within 30 days upon the buyer's cancellation, and pay the interest on the paid house price at the same time. If the Buyer refuses to return the house, and the registered area of property rights is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; More than 3% of the house price is borne by the real estate development enterprise, and the property right belongs to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The absolute value of the house price exceeding 3% shall be returned to the buyer by the real estate development enterprise twice. Finally, we should pay attention to the following aspects: first, the developer's five certificates and two books, which is the most important. Legal and formal real estate developers must have complete "five certificates" and "two books". The so-called "five certificates" refer to the state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit (also known as construction project commencement permit) and commercial housing sales pre-sale permit; "Second Book" refers to the "Residential Quality Guarantee" and "Residential Instruction Manual", which are also the basic requirements of the law for the seller. Respectively by the Housing Authority, Land and Resources Bureau, Construction Bureau and Planning Bureau. Second, pay attention to the principle of fairness of rights and responsibilities of both parties. Do not sign the contract until the unclear or doubtful points are clarified. Third, the minimum area 108 square meter you mentioned is generally not a problem, because the two 70% regulations are the overall structure of the area, not for each developer. Fourth, when handing over the house, check the quality of the house in advance, check the "two books and one form" and sign the "house acceptance form" to go through the check-in formalities. This is a normal procedure, but at present, there are not many developers who can let the buyers go through the formalities in advance. The usual practice is to let the owner sign the repossession document first, and then issue an approval form, so that the owner can go to the property management office to get the key. As soon as the owner entered the house, he found the problem and complained weakly. In order to avoid this situation, the owner should insist on going through the formalities before the house inspection, and submit the problems found in the process of house inspection, such as the quality of the house, the excessive indoor harmful gas, unfair pool sharing and so on. Give it to the developer in writing and let it sign for it, so as not to leave future troubles. Or the words "indoor conditions are not clear" or "building conditions are not clear" can be marked on the repossession document. The following points should be paid attention to in the acceptance of the purchased commercial housing: First, check the quality of the house in detail, including whether there are cracks in the walls, doors, windows, balconies and other parts; The second is to check whether the facilities and equipment specified in the sales contract are omitted and whether the brand and quantity are consistent; Three, check whether the water, electricity, natural gas, water supply and drainage pipelines are unblocked and can be used normally; Fourth, check whether there are problems such as planning, design changes or community shrinkage; Fifth, check related quality problems and indoor harmful gases exceeding the standard; Sixth, the problems found should be indicated on the inspection list. If it is really impossible to repossess the building, the reasons for not repossessing the building should be explained in detail, and the developer should be required to sign and seal it. Ask for "two books and one table", ask for "residential quality guarantee" and "residential instruction manual" from the developer, so that when there are quality problems in the future, they can be repaired as scheduled. "Residential Quality Guarantee" is the developer's commitment to housing quality, warranty period and scope. "Residential Instruction Manual" is a description of specific technical indicators in housing design, construction and acceptance, such as seismic indicators and wall structure types. At present, China's real estate industry in the "residential quality guarantee" and "residential instructions" has formed a generally unified specification, with fewer problems; At present, the main problem is the "completion acceptance record form". According to the relevant regulations, every item on the completion acceptance record must be reported to the competent department for the record. When inspecting the house, you can't just look at whether the developer has this "filing form". At the same time, you must carefully check whether all the sub-items, such as fire control facilities, have been filed. "Completion Acceptance Record Form" is strictly binding on real estate developers. As long as the project is reported to the competent authorities for the record, the developer must be responsible for the real estate for life. If something goes wrong, if it is the fault of the developer, he can be held accountable. Sign the house acceptance certificate. After you check the property and prepare to sign the house acceptance certificate, you must sign the property management convention first and make an agreement in advance to avoid disputes in the future. You need to know what constitutes the property management fee to be paid in the future, and how to verify the cleaning fee, security fee and greening fee, so as to be clear. At the same time, check the qualifications of the property management company in your residential area to see if it meets the management standards you require. After that, you need to know the shared area of the property you bought. You should let the developer issue the "Completion Survey Form" issued by the Beijing Housing and Land Administration Bureau or the Surveying and Mapping Team directly under the District Bureau, so as to be aware of it. After all the basic procedures are completed, you can sign for the house acceptance certificate.