What should be paid attention to in the process of second-hand housing transaction in Nanjing

Second-hand housing in the second transaction, there are many problems to pay attention to:

First of all, the age of second-hand houses.

Second, the issue of property rights.

The third is housing lease and land use years.

Fourth, the issue of property fees.

Fifth, the signing of the contract.

Sixth, the surrounding environment.

# Remarks (1) Whether the house formalities are 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) Is the property right of the house clear? Some houses have many owners. If there are heirs, family and husband and wife, the buyer shall sign house sales contracts 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) Is the transaction house being rented? Some second-hand houses have a material burden when they are transferred, that is, they are also rented out 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 previously established 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 allocated or sold. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more 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 the sale of second-hand houses by some homeowners? They may already know that the house will be demolished in about 5 to 10 years, or that high-rise residential buildings will be built near the house, which may affect the municipal planning such as lighting and price, so they are eager to sell. As buyers, they should fully understand the details when buying. Formal process of second-hand housing transaction (6) Is welfare housing legal? Housing reform, housing projects and affordable housing are all welfare policy-oriented housing, which have certain restrictions on transfer, and these houses have certain national regulations on the nature of land and the scope of housing ownership. Buyers should avoid conflicts between sales contracts and national laws when purchasing. (7) Does the unit room infringe the general unit room? There are cost-based employee housing and standard-priced 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? When some owners transfer their ownership, their property management fees, electricity fees and gas (natural gas, heating and gas) fees have been in arrears for a long time, and they 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) Is the intermediary company illegal? Some intermediary companies illegally provide intermediary services. For example, second-hand housing loans, they provide zero down payment service for buyers, 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 clarify some details, such as the 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 national regulations, the buyer should bear the deed tax and stamp duty, and the seller should bear the business tax, urban construction tax, education surcharge and personal income tax under certain conditions. 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. # Pay attention to the following points when buying a second-hand house: 1, whether the house formalities are complete (check the real estate license, land certificate and deed tax certificate in some areas); 2. Whether the property right is clear and uncontroversial (whether there is mortgage, seizure, divorce, inheritance and ownership); 3. Whether the transaction house is rented (note: the sale does not break the lease); 4. Whether the land situation is clear (whether there is land mortgage, seizure, etc.). ); 5, whether the municipal planning (whether in the red line of demolition); 6. Is the house legal (don't build it illegally, etc.). , and can not handle the transfer); 7, whether the unit housing infringement (welfare housing distribution, etc.). ); 8. Whether it is in arrears with the cost of water, electricity and heating property, the household registration in the property must be moved (especially in the school district); 9. Whether the intermediary company violates the rules (choose the regular brand intermediary of the national chain to avoid the black-hearted intermediary from eating the price difference, etc.). ); 10, whether the contract is clear (liability for breach of contract). If we can pay attention to the above points, it will be very fair, safe and reasonable for both parties to the transaction! # Top Ten Precautions for Second-hand Housing Transaction (1) Whether the housing procedures are complete (2) Whether the property rights of the house are clear (3) Whether the traded house is used for rent (4) Whether the land situation is clear (5) Whether the municipal planning affects (6) Whether the welfare house is legal (7) Whether the unit house is infringed (8) Whether the property management fee is in arrears (9) Whether the intermediary company violates the rules (65433) The buyer negotiates between the buyer and the seller to establish information communication channels. The buyer understands 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. Sign a contract for the sale of second-hand houses. The seller provides the legal certificate of the house, and the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing). The buyer and the seller sign a house sales contract (or 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. # When buying a second-hand house, the most important thing is to carefully examine the integrity and reliability of property rights. First, the seller is required to provide the original legal property right certificate, and go to the housing management department to inquire about the authenticity of the property right certificate, as well as the property right source and property right record of the purchased property. Including the owner, registration date, transaction price, etc. It is also necessary to confirm the integrity of the seller's property rights and know whether the purchased house has been mortgaged and shared with others. Pay attention to whether the owner and seller on the real estate license are the same person. Secondly, it is necessary to find out whether the source of the purchased house belongs to the house that is allowed to be sold. Generally speaking, the public houses of troops, hospitals and schools must be sealed by the original unit before they can be sold. Unlike commercial housing, the sale of second-hand housing is generally a "case". Therefore, related prices, housing conditions, etc. , all need consumers themselves or their own entrusted institutions to understand in detail. Before deciding to buy, consumers should carefully observe whether the apartment is reasonable, whether all kinds of management are in place, and whether the power supply capacity can load large household appliances such as air conditioners. Check the ceiling for signs of water seepage, and the walls for obvious problems such as bursting or peeling. Some even ask about the level of community security, property management fees and charging standards. In addition, consumers must not forget to know how long the house has been purchased and how long the land use period is; Are there any arrears, such as property management fees, utilities, gas fees, etc. On the basis of mastering the basic situation of housing, consumers should compare and judge the value of second-hand housing from many aspects. You can also entrust a trusted intermediary or evaluation agency to evaluate whether you can make a second-hand housing mortgage loan. Under normal circumstances, banks will make a hedging assessment when mortgage loans, and this price can show the lowest hedging price of houses. Finally, I remind you that if you buy a second-hand house, don't trust the other party. You must go through the transfer formalities legally and thoroughly. Second-hand housing must be handled by the housing and land management department to truly change the owner, and the guarantee and notarization of any other unit are not regarded as completing the transaction.

The above contents are for reference only, I hope I can help you. Thank you for your support. I wish you a happy purchase!