How to close the house, the process of closing the house, and matters needing attention in closing the house

When the new house is delivered, many buyers are still confused about how to close the house. Today, SouFun Bian Xiao will help you recruit a few tricks.

General procedures for house delivery 1. The developer issued a notice of repossession. The notice of closing the house includes the closing time, the fees to be paid, and the handling of failing to close the house on time. The forms of notification are telephone, fax, letter, etc. To be on the safe side, the developer should use a registered letter in addition to telephone and fax notices, otherwise it will be difficult to prove that he has issued a notice of repossession to the buyers, which may lead to the adverse consequences of delaying the delivery of the house. 2. Buyers pay related fees. Such as house price settlement, property fee, public maintenance fund, etc. Step 3 check the house. Buyers check and accept the house to see if there are any quality problems, raise quality problems with the developer, and the developer will rectify them. After maintenance, the buyers will check the house. 4. The buyer receives the house. After the house is accepted, the developer will give the key to the buyer. Generally speaking, the delivery of keys is the main sign of house handover. Except for the ownership (the time of ownership transfer shall be subject to the time when the management authority handles the transfer formalities), all rights related to the house shall be exercised by the buyer when the key is delivered. Of course, the risks at this time are also borne by the buyers (such as the risk of house loss caused by fire and earthquake after the house is delivered).

Housing expropriation process and matters needing attention

First, the process of closing the house

1. Check the owner's information. 2. The owner receives the record form of completion acceptance, technical report of housing land surveying and mapping, residential quality guarantee and residential instruction manual, and the developer shall explain it. The completion acceptance record form, residential quality guarantee and residential instruction manual must be original, not a copy.

3. The owner receives the key and signs it on the residential key receipt.

4, the owner to do a comprehensive acceptance.

5. The owner raises questions, improvement opinions or solutions to the problems existing in the acceptance.

6. The developer and the owner negotiate and reach a written agreement.

7. If the problems existing in the delivery of the house cannot be solved within 15 days as agreed, both parties shall reach a written agreement on the solution and time limit.

8. The owner signs the check-in handover form.

Second, housing matters needing attention

1. The process of house expropriation is often seriously unreasonable.

Developers always ask the owners to pay the house price (if the area increases), pay the public maintenance fund (2% of the total house price) and deed tax (65438+ 0.5% of the total house price), and pay the property management fee and property agency fee for one year, then they can go through the check-in formalities and get the house key and relevant information before they can collect the house. If there is anything wrong with the house, they can pay the property maintenance slowly.

On the premise that the owner has paid all the house payment, the developer should unconditionally deliver the house that meets the contract to the owner, otherwise it should be regarded as a breach of contract by the developer. If the developer refuses to hand over the house, it shall bear the responsibility of overdue delivery. No matter according to the law and most of the purchase contracts, the payment of public maintenance funds, deed tax and other fees can not be used as a prerequisite for developers to deliver houses.

Before delivery, the owner has the right to check and accept the house first. If there is any quality problem, the developer should fix it within a time limit, which leads to the owner's overdue occupancy, and the developer should bear the liability for breach of contract.

2. Closing the house should not be based on paying various fees that should not be paid.

On the premise of paying various fees that should not be paid (public maintenance fund, deed tax, property agency fee, etc.). ), the developer unilaterally set an obligation for the owner to accept the house. According to the law, the owner of deed tax and public maintenance fund must pay to the tax department and community office when handling the property right certificate. As for the property agency fee, the owner has the right to choose to handle the property right certificate by himself, and the developer has no right to charge the owner forcibly. Therefore, the developer has no right to charge the owner the deed tax, public maintenance fund, property agency fees and other fees beyond the legal provisions when moving in, otherwise the owner has the right to refuse to pay. If the developer refuses to deliver the house to the owner on this ground, the legal responsibilities such as delayed delivery shall be borne by the developer.

Other problems are: area error; Decoration standards do not meet the contract or the developer's commitment; The public facilities and facilities in the community are not perfect.

3. Refine the terms when signing the house.

Here, lawyers remind buyers that due to the complexity of real estate development, the delay in delivery of projects is extremely common. Therefore, when signing the purchase contract, the terms of occupancy time, liquidated damages and so on should be detailed and rigorous.

There is an error between the contracted area and the measured area of commercial housing, and it has always been the focus problem that buying is not as good as selling. Property buyers, especially auction houses, must take into account the possible errors between the contract area and the actual area, and take precautions with additional clauses when signing the contract. When signing the contract, the specific project of the joint venture should be clearly agreed. How to deal with the error between the area agreed in the contract and the registered area of property rights? (If it is agreed: if the treatment method is not stipulated in the contract, the buyer has the right to return the house when the absolute value of the area error ratio exceeds 3%. )

4. Documents that must be carefully checked when closing the house.

The lawyer said that during the normal handover, the owner should check the following documents:

First, real estate developers must obtain the Record Form for Construction Project Completion, which is mandatory by the state.

Second, we often say "two books"-"quality guarantee" and "instruction manual", which are required by the Ministry of Construction's "Measures for the Management of Commercial Housing Sales" and should be provided by developers when they hand over the house.

Thirdly, the developer has obtained the measured data of the area from the professional surveying and mapping unit recognized by the state to see if there is any discrepancy with the agreement in the purchase contract, so as to solve the problem as soon as possible.

(The above answers were published on 20 13-02- 18. Please refer to the current actual purchase policy. )

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