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What documents do I need to see to buy a new house?
So what do you think of the "five certificates"? I'll give you an idea. The most important of these five certificates is to look at two certificates, one is the state-owned land use certificate and the other is the pre-sale permit. Both certificates should be issued. If you take a good look, there will generally be no problem, especially the pre-sale permit. What needs to be reminded in particular is that property buyers must look at the original when viewing the five certificates, and the copy is easy to be cheated. Before signing the contract, you should see clearly whether the house you bought in advance is within the pre-sale scope to ensure the smooth handling of the property right certificate in the future.
1: Legal issues involved in the process of buying a house
As a property buyer, this is a very important issue in the lives of ordinary people, that is to say, you have to settle down before you can work in peace. Therefore, for ordinary people, buying a set of satisfactory housing is a very important issue. But there are many problems in the process of buying a house, which are disclosed in newspapers or other news media from time to time. In fact, many problems should be said that many problems can be avoided if buyers are more cautious and have a better understanding of the knowledge of buying houses.
2. When buying a house, individuals are generally divided into three stages.
First, before buying a house, buyers should first carefully choose a property project, that is, what kind of house you are going to buy. First of all, you should consider its geographical location, apartment type and surrounding environment. It is very important to know the credit standing of developers, that is to say, buyers should have some basic understanding of the property projects you choose before buying a house. One of the basic understandings is to understand the credit status of developers. In what ways will I talk about the credit of developers?
Second, sign a subscription book and a contract for the sale of goods, including signing supplementary terms. Property buyers should pay attention to the inspection of five certificates when signing subscription books and commercial housing sales contracts. What do you mean by five certificates? I'll talk about it later. Pay the deposit, sign the confirmation letter, choose the payment method, sign the commercial housing sales contract, then pay the purchase price and register the sale or pre-sale, which is the second stage in the purchase.
Third, the delivery of the house and the registration of property rights refer to that the developer signs the "two books" after completing the registration, accepts the property and handles the property right certificate.
3. Some legal issues are involved.
First, how to read the sales brochure. Sales brochures are usually advertisements made by developers. When reading the sales brochure, we should first pay attention to whether there is a pre-sale permit for commercial housing in the sales brochure, which is an important standard to measure the qualification of developers. In order to confirm the authenticity of the pre-sale permit, people can check whether the real estate developer is worthy of the name and whether there is a pre-sale permit through online inquiry and inspection. Secondly, according to your own requirements, you can review the appearance of the sales brochure, the overall layout of the community, price, location, room type, planning facilities, preferential conditions, investors, etc., and decide whether to buy it. When reading, it is necessary to clarify the advertising information in the sales brochure. Some developers will explain it in some vague ways, such as how many minutes' drive, 10 minutes' drive and 5 minutes' drive, to show how suitable and superior its location is. Then the scalability of this 5-minute drive and 10 minute drive is very large. Do you drive a car or a bus? What is the speed? However, this situation is common in sales brochures, so we should pay special attention to it.
How to ensure the legal effect of the contents of the sales brochure? I'm really interested after seeing the sales brochure, but I'm afraid that after I finally buy a house, it won't be as wonderful as described in the sales brochure? What do we do According to the law, in order to legally guarantee the legal effect of the sales brochure itself, the contents of the sales brochure must be clearly written into the subsequent commercial housing sales contract, which is required by law. If I just believe that the property described in the sales brochure has a beautiful environment, such a good apartment and such a good location, and want to ensure and constrain the developers to fulfill their obligations according to the sales brochure, I will write the contents of the sales brochure into the contract. In this case, once the developer fails to fulfill his obligations according to the terms of the sales contract, he will bear the responsibility.
After the inspection of the sales brochure is completed, it is necessary to sign the subscription book and pay the deposit to remind the buyers to pay attention to the difference between the deposit and the deposit on the subscription book. Deposit is a special legal concept, its purpose is to guarantee the establishment and performance of the contract, and deposit has specific rules. It has a specific legal connotation, that is, the person who pays the deposit has no right to demand the return of the deposit, and the person who receives the deposit should return the deposit twice. The deposit is not a guarantee for the contract, but only a guarantee. This is called paying a deposit. People who fail to perform their debts can ask for the return of the deposit. Therefore, the deposit written in the subscription book must be distinguished because there are different legal concepts. Usually, real estate developers will have such clauses in the subscription book, and buying a house should start from the date of signing the subscription book, otherwise it will not be returned.
It is suggested that when the buyers sign the subscription book, change this clause to how many days after signing the subscription book, and then discuss the formal contract with the seller. If the contract cannot be signed due to differences in the terms of the contract, the deposit received shall be refunded. This should be more beneficial to buyers.
Within a few days after the subscription book is signed, you should sign a sales contract with the real estate developer. You should be very cautious when signing a sales contract, because the sale reflects the rights and obligations of the buyer. Once there is a dispute with the real estate developer in the future, the purchase contract is the most important basis and certificate to solve the differences between the two sides. Therefore, before signing the contract, property buyers need to carefully review the qualifications and "five certificates" of developers. If it is an existing house, the developer does not need to apply for a sales license according to the regulations, but should go through the examination and approval procedures in the property right certificate and register with the property right registration department. When handling the real estate license, you must see whether the house sold by the developer includes the house you want to buy.
Five certificates, one is the construction land planning permit, the other is the construction project planning permit, the third is the construction project commencement permit, the fourth is the state-owned land use permit, and the fifth is the pre-sale permit of commercial housing, referred to as "five certificates". Among them, the first two certificates are issued by the Municipal Planning Commission, the construction city by the Municipal Construction Committee, and the state-owned land use certificate and the pre-sale permit of commercial housing by the Municipal Bureau of Land Resources and Housing Management.
So what do you think of the "five certificates"? I'll give you an idea. The most important of these five certificates is to look at two certificates, one is the state-owned land use certificate and the other is the pre-sale permit. Both certificates should be issued. If you take a good look, there will generally be no problem, especially the pre-sale permit. What needs to be reminded in particular is that property buyers must look at the original when viewing the five certificates, and the copy is easy to be cheated. Before signing the contract, you should see clearly whether the house you bought in advance is within the pre-sale scope to ensure the smooth handling of the property right certificate in the future.
If you buy a house, you have to check or check "two copies". What are two books? The two books are two legal documents provided by the developer after notifying the buyers to move in after the completion acceptance. One is the residential quality guarantee, and the other is the residential instruction manual. The residential quality guarantee usually includes the registration verified by the engineering quality supervision department and the warranty responsibility undertaken within the service life. Under normal use, the warranty period of each component, such as waterproof for three years, wall and pipeline leakage for one year, wall plastering for one year, and large-scale sand removal for one year, includes heating and cooling systems and other equipment, sanitary wares, switches and so on. The warranty time of other parts or components can be agreed by real estate developers and users.
Generally, the instructions for residential use should include descriptions of the development unit, design unit, construction unit and entrusted supervision unit, structural types of residential buildings, matters needing attention in decoration, configuration of facilities such as water, sewage, electricity, gas burner and fire fighting, as well as the use of doors and windows, power distribution load, load-bearing walls, insulation walls, balconies and other issues that need to be explained. Unless otherwise specified by the manufacturer, it shall be attached to the residential use instruction.
In other words, a complete set of housing legal documents, in the process of buying a house to check the five cards, while closing the house to have two books. More importantly, the title certificate. If you get the title certificate, all the legal documents for the full purchase should be complete.
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