What should the plaintiff say in the final statement of the dispute over the second-hand housing sales contract?

Step 1: property right review before selling the house.

Worried about buying a house with defective property rights is a major reason why property buyers are afraid to conduct independent transactions. However, if we do enough preparatory work, this problem will not be a problem.

First of all, we should carefully check the owner's real estate license and pay attention to the signatures of several people on the real estate license. If there are two people, they need to have their names at the back when signing the contract; Secondly, look at relevant evidence when buying a house, such as purchase invoices and deed tax invoices. As an auxiliary evidence to preliminarily confirm the ownership of housing property.

Risk warning:

The risk of this link is the problem of defective property rights, so before paying the deposit, you must check the file and get a clear answer. The house you like may be in the state of mortgage, or it may be in the state of sealing up because of debt disputes. Once there is a problem with the property rights of the house, the transaction will be declared invalid.

Step 2: Pay the deposit and sign the contract.

After looking at the house and determining the property rights of the house, it is natural to pay a deposit. But don't ignore this little link, there are tricks to pay the deposit. The house is worth one million yuan, and a 5% deposit can reach 50,000 yuan. So please pay more attention when the transaction reaches this stage.

If the house you like is still under mortgage, the deposit should not be paid directly to the owner, but should be supervised by a third party. If both the buyer and the seller have a trusted third party, they can sign a simple agreement, stipulating to pay the down payment to the seller after the foreclosure is completed, and stating that "if the third party is given, it will be deemed that the seller has received the down payment, and the seller refuses to perform the contract on the grounds of not receiving the down payment, which will be regarded as a breach of contract". If there is no reliable third party, deposits can be supervised by banks. The specific way is: the buyer and the seller can go to the bank to sign a supervision agreement, stipulating that the transaction core will transfer it to the seller's account after completing the delivery procedures.

Generally speaking, when paying the deposit, an appointment sales contract will be signed, and the model text can be downloaded from the website of Guotufangguan Bureau. The contract should at least stipulate the property address, sales amount, delivery time, liquidated damages and liability for breach of contract. See the model text for specific terms.

Risk warning:

1. At present, if the property price rises and the buyer wants to prevent the seller from defaulting on the sale, he can pay the full deposit or agree on a high penalty to increase the default cost. But the deposit or liquidated damages shall not be higher than 20% of the sales;

2. The seller can break the contract and sell the house on the grounds that the deposit has not been obtained during the supervision, so the pre-sale contract should be marked as "when it is supervised by a third party, it is deemed that the seller has received it";

3. In order to avoid the phenomenon that the owner defaults on the payment before the delivery of the building, you need to sign a deposit agreement for the delivery of the house, and stipulate that the deposit of about 6,543,800 yuan+0,000 yuan will be deducted from the deposit. Check the furniture and electrical appliances in good condition, pay the water, electricity and property management fees, and return the deposit after paying the key.

Step 3: Redeem the building.

Redemption is a university question. Different redemption methods, different costs, different mortgage time and different risks. Generally speaking, it is the owner's responsibility to redeem the building. There are two ways to foreclose: first, the owner borrows from the bank through the guarantee company, generating 0.8% guarantee fee and 0 .4% short-term foreclosure interest, and then goes to the bank for mortgage after the buyer's real estate license comes out; Secondly, the buyer mortgages the bank through the guarantee company, and the bank pays the ransom to the seller, which only needs to generate the guarantee fee, but the buyer needs to pay the mortgage in advance.

There are also some tips: if you refinance your mortgage through your peers, the above fees are essential, but you can save a lot of time. In addition, the guarantee company has a docking relationship with the bank. For example, a guarantee company may only correspond to ICBC and BOC. If you don't know how to choose a guarantee company, you can consult the bank that intends to make a mortgage, otherwise it may be empty to choose a guarantee company first.

Risk warning:

The risks of foreclosure. It is not advisable for the buyer to redeem the building in cash or borrow money from the bank through the guarantee company. If the transaction is terminated due to unexpected reasons and the house is sealed up, the buyer will bear the risk. Several experts from the intermediary mortgage department interviewed by the reporter agree that "the two funds are used to redeem the building", that is, the owner himself borrows from the bank through the guarantee company.

Detailed flow of second-hand housing transaction and matters needing attention

Step 4: Pay the down payment and supervise the funds.

In addition to property rights, the second major concern of independent transactions is the supervision of funds. In fact, capital supervision has become a system at present, and buyers and sellers do it according to established regulations, with little risk. No matter how you trade, the down payment must be supervised by the bank.

The specific operation is: the buyer and the seller sign a fund supervision agreement in the bank, and then open accounts in the bank separately, stipulating that the buyer will pay the down payment to the seller after completing the transfer and getting a new real estate license. If the transaction is successfully completed, the bank will pay the seller; If there is a problem in the middle, the transaction will be terminated and the down payment will be returned to the buyer. When banks provide this service, they usually charge a single supervision fee around 500 yuan, but if you mortgage through bank supervision funds, you can save this fee.

In order to be fair, the bank will require buyers and sellers to sign a loan letter before signing the supervision agreement, so that buyers and sellers do not need to go to the bank in person when lending, and the trouble caused by the buyer's failure to cooperate with the loan can also be avoided.

Risk warning:

1. The buyer shall ensure that the down payment is supervised by an independent third party to avoid capital risk. It is more risky to redeem the house with a down payment to the seller.

2. If the loan letter is not signed in advance, the seller shall urge to unfreeze the down payment in time after the buyer completes the transfer, so as to avoid "after dinner".

Step 5: Sign the sales contract.

In the process of paying the deposit, the independent transaction can sign a "written agreement" first, which is very similar to the intermediary contract of the ordinary intermediary, but it lacks the intermediary part. For its format, you can refer to the intermediary contract of the intermediary, or directly download the Contract for Appointment Sale and Intermediary Service of Second-hand Houses in XX City from the property management-related download place in the "Information Disclosure" column of the local Guotufangguan Bureau website for reference.

When signing a written agreement, we mainly pay attention to four aspects, namely, property rights, total house price, transaction taxes and fees, and date, among which we should pay attention to how to share the transaction taxes and fees in the written agreement. The date is also very important, such as the time to pay the deposit, transfer the ownership and hand over the house. Only when the date is set can the transaction proceed smoothly. For example, it is stipulated that the foreclosure will be completed within 45 days, and the down payment will be supervised by the bank within 7 days after signing the contract. After the down payment, you can sign a formal second-hand housing sales contract with Guotufangguan Bureau.

Risk warning:

1. If the property has a * * * owner, it should be signed by the * * * owner to avoid the possibility that the * * * owner does not agree to the sale and the transaction may fail;

2. If there is a lease, the lessee should be allowed to sign the certificate of waiving the preemptive right to avoid the failure of the transaction on the grounds that the lessee violates the preemptive right;

3. If the property has expensive furniture and household appliances, describe the furniture and household appliances in detail in the schedule of the contract, such as the brand and the old and new degree of the furniture and household appliances. If necessary, attach photos of furniture and household appliances to prevent the goods from being wrong when handing over the house;

4. If the property is attached with a registered permanent residence, the date of moving out of the registered permanent residence and the conditions for breach of contract shall be specified when signing the contract;

5. It is necessary to clarify the liability for breach of contract, especially in the current situation of rising house prices, and the probability of default by owners increases. Only by clarifying the liability for breach of contract can we safeguard our rights and interests.

Step 6: Choose a bank and apply for a mortgage.

If it is not a one-time payment, the buyer still needs to go to the bank to make a mortgage loan. When applying for a loan in a bank, both buyers and sellers need to be present, and they should bring the original ID card, income certificate and sales contract. When I applied for a loan, I went directly to the account manager of the bank and told him that I would apply for a real estate mortgage, and he helped me. Generally speaking, the reply can be confirmed on the same day. However, sometimes the loan amount does not meet expectations. For example, banks with high evaluation prices need to be re-evaluated, and generally two or three working days will be extended. However, before applying for a mortgage, buyers need to know their own details. As for the bank supervision of deposits and down payment, it can also be handled at the same time when applying for a mortgage to avoid running errands back and forth.

As for the choice of banks, the intermediary recommends that the loan quotas of the four major state-owned banks will be more relaxed and more efficient. As for whether the interest rate can go down or down, the policies implemented by banks are basically the same, so there is no need to consider more.

Risk warning:

1. If the loan amount fails to meet expectations, the buyer needs to be prepared to pay more down payment, otherwise the transaction failure will lead to default. 2. At present, the second home loan has a tightening trend, and there may be cases where the loan cannot be approved. In order to prevent disputes between the two parties after this happens, solutions can be agreed in the contract, such as canceling the contract or paying liquidated damages.

Second-hand Housing Settlement Process, Duration and Application Materials (Taking Hangzhou as an Example)

Detailed process of second-hand housing transaction and matters needing attention: purchase process and required information.

Step 7: Transfer ownership and pay taxes.

When buying a house, you need to go through the transfer formalities at the property right registration core where the property is located. Buyers and sellers need to bring the original ID card, the original real estate license and the second-hand house sales contract. Generally, after delivery, the owner can ask the bank to put the previously supervised deposit in after receiving the receipt.

When paying taxes, if the contract stipulates that taxes should be paid separately, then both of them must be present at the same time; If the owner pays, only the buyer needs to be present. As for getting a new certificate, you can get a new real estate license directly by one-time payment; If the mortgage loan is a copy of the real estate license, the bank will automatically go through the mortgage formalities at the State Administration of Land and Housing, and pay the final payment to the owner after 5 working days.