Intermediary second-hand housing sale loan process

What problems should we pay attention to when buying second-hand houses through housing agents?

What problems should we pay attention to when buying second-hand houses through housing agents?

First, choose a real estate agent.

First, choose a real estate agent. It is best to choose a real estate agency with large scale, business license, qualification certificate and good reputation. In addition, before signing the purchase agreement with the owner, the buyer should go to the shop of the intermediary company several times, and observe whether the salesman in the shop is fixed and whether there are any disputes between other buyers and sellers and the company during each visit.

Second, evaluate and check the details of the house.

The intermediary company examines the owner's identity card and property right certificate (including whether there is property right and whether the house is mortgaged). ) and record it. On-the-spot investigation by the intermediary company can grasp the details of the house, such as the water supply and drainage of the ceiling, wall, bathroom and kitchen, whether there is structural transformation, whether there is selfless construction, occupying the roof platform and corridor, etc. Preliminary evaluation provides reference for determining the selling price. Proper housing and housing evaluation are the most concerned in this link.

Third, sign the agreement.

After the house is verified, the transaction intermediary company signs an entrustment agreement with the buyer and the seller respectively. After the buyers and sellers confirm the house price and related matters, they sign a sales contract with the intermediary company. Generally speaking, the contract should indicate the details of the seller's house and pay the agency fee. Generally, the agency fee is paid by the buyer, and the amount is 2.5% of the house price, but it is also charged to the buyer and the seller respectively. In order to reduce the possible risks in second-hand housing transactions, the following clauses are essential:

1. Basic information shall be listed: the name, address and contact information of the buyer and the seller.

2. Ask the seller or intermediary to clearly write down the basic information of the house, including location, nature, area, structure, pattern, decoration, facilities and equipment, whether there is mortgage, whether anyone agrees to sell, etc.

3. Price-related issues: specify the total house price in the contract, indicate whether it is a one-time payment, installment payment or loan application, specify the payment time and stipulate the payment terms.

4. Write down the time and conditions of delivery, the process and expenses of handling relevant formalities.

5. Liability for breach of contract: it is regarded as breach of contract when it occurs, the calculation and payment of liquidated damages, deposits and compensation, and how to solve disputes (arbitration, litigation, etc.). ) If negotiation fails.

6. Indicate the entry into force, suspension, termination or rescission of the contract and other related matters.

7. The conditions for alteration and transfer are stipulated in the contract, or the prohibition clauses that may not be altered or transferred are stipulated. In addition, when adding some terms, it must be implemented in words, and the intermediary is required to affix the official seal of the company on it.

Four. Sign an intermediary mediation contract

In order to ensure the vital interests of buyers and sellers of real estate and prevent unnecessary transactions, the intermediary, after accepting the entrustment of buyers and sellers, acts as an intermediary guarantor to provide intermediary services for "paying the purchase price and handing over the real estate" in real estate transactions. After signing the sales contract, the buyer and the seller sign an intermediary insurance contract with the intermediary to pay the intermediary premium. The seller shall submit the original and photocopy of the house ownership certificate and the confirmation notice of public housing listing approval, and affix the name seal. The buyer shall submit a copy of the valid identity certificate and the personal name and seal, and individuals from other provinces and cities shall also handle the Notice of Approval for House Purchase in Beijing.

The Buyer will deposit all the house payment into the account designated by China Insurance Company before signing the transfer contract. If the buyer wants to apply for a mortgage loan from the bank, he should sign an entrustment guarantee contract with the guarantor, deposit 30% of the total house price as the down payment into the account designated by the intermediary, and remit all the loans to the account designated by the intermediary after the bank lends money. The difference between the above two kinds of funds and the total house price shall also be deposited in the account designated by the insurer in one lump sum by the buyer before the bank loan.

Verb (abbreviation for verb) transfer and settlement

After the buyer and the seller pay the relevant taxes and go through the formalities for the transfer of the title deed, the mediator will assist the buyer and the seller to deliver the property, settle the property management fee and move out of the seller's account after the buyer and the seller confirm that the property is correct, give the key to the sold house to the buyer, and pay the house price to the seller, and the three parties will settle with the mediator; The brokerage company shall assist in handling the change of property rights; If the buyer needs a loan, the brokerage company will assist in handling it and provide phased guarantee.

On the day when the deed is transferred, the buyer and seller and their salesmen come to the real estate transaction management department of the residential area where the house is located to sign the sales contract. Buyers who choose one-time payment shall pay the remaining house price to the seller. Buyers who choose to buy second-hand houses with loans can't lend until the bank sees the sales contract. Many district and county real estate bureaus require paying taxes and fees on the day of signing the deed certificate, so buyers should pay land transfer fees, deed tax and stamp duty to the relevant departments of the real estate transaction management department. In addition, there are surveying and mapping fees, production fees and property registration fees. After the buyers pay the land transfer fee, they must also sign a land use right transfer contract at the Housing and Construction Bureau. Subsequently, the Housing and Construction Bureau will review the files of the house you bought, register the property rights, survey it, and make a new property right certificate.

How can an individual buy a second-hand house without a housing agent?

First of all: find a suitable house by yourself;

Second, consider whether to lend;

No loan: first consult the Housing Authority for the required materials (generally: seller's ID card, household registration book, real estate license, buyer's ID card, household registration book, and single certificate is required for singles);

The borrower should go to the bank to consult the required conditions and materials and prepare them as required. The buyer and the seller apply for debit cards in the bank;

What details should I pay attention to when looking for a housing agent to buy a second-hand house?

Check his letters.

Is it easy to buy a second-hand house through a housing agency loan?

It's hard to say who. After all, this is the internal affairs of the bank. As long as your credit is ok and all the materials you need are complete, it should be no problem.

What are the scams for buying and selling second-hand houses through housing agencies?

1. Now in Shanghai, houses are basically inquired through real estate agents, who take them to see the houses. If you take a fancy to a house itself, you need to know more about its surroundings, including high-voltage lines, planes, garbage dumps and so on, which many people will care about.

What problems should homeowners pay attention to in the process of buying and selling second-hand houses through housing agencies?

First, the key to avoiding risks in the process of viewing houses

1. Now in Shanghai, houses are basically inquired through real estate agents, who take them to see the houses. If you take a fancy to a house itself, you need to know more about its surroundings, including high-voltage power lines, airports, garbage dumps and so on. A problem that many people will care about. In addition, you should pay attention to neighborhood relations, after all, you will have contact with them in the future.

2. A few years ago, when the property market was in a downturn, some intermediaries took customers to see the house in order to earn agency fees, and then asked customers to sign a confirmation letter for seeing the house on the grounds of cooperation. Some people didn't pay attention and just signed it. In fact, they signed a rough house sales contract made by the intermediary company itself. Afterwards, the intermediary company paid the intermediary fee with this material. I would like to remind you that it is risky to look at the house, so you should be careful when signing the contract.

3. Pay attention to the low house price. In Shanghai, too many houses are involved in high-interest private loans, and property owners are eager to sell their houses, and the prices will be much lower than the market price. However, this kind of house is too variable, involving a wide variety, don't be greedy for this cheap, and be careful of the lawsuit later.

Second, the key to avoid risks in the process of signing the contract

When you buy a second-hand house, in order to prevent the owner from selling the house to others, you will first sign a gold contract and pay a deposit. Usually, you will directly sign a house sales contract (including deposit terms), an intermediary agreement and a full set of commission confirmation made by the intermediary company. Because Shanghai's housing prices are relatively high, the law stipulates that the deposit cannot exceed 20% of the total housing prices. In order to prevent sellers from going back on their word, many buyers are willing to pay more deposits, which are often hundreds of thousands. Once you start giving, you should pay attention.

First, confirm the owner of the property.

Go to the real estate trading center where the house is located to obtain information such as house property rights, land and mortgage. , a full set of 20 yuan, can be obtained with personal ID card. The responsible intermediary company will have someone there who can get it at any time. Maybe for professional reasons, I don't believe in professional title certificates. This can be faked.

Then confirm the house seizure and mortgage.

Whether the house is mortgaged, whether it is mortgaged to a bank loan, whether it is mortgaged to an individual, and whether it is sealed up by a company due to debt problems will be clearly shown in the production of transfer information materials.

If it is mortgaged to an individual or seized, it is recommended that the seller raise funds to lift the seizure and mortgage, because such a seller has poor credit. If it is mortgaged to a bank, the seller may need to repay the bank loan with the down payment or deposit paid by the buyer, and then cancel the mortgage. It is suggested that the buyer can accompany the seller to the bank to pay off the loan and ensure the final destination of the money.

Reconfirm the household registration of the house

At present, the problem of household registration in the house has not been dealt with, so it is suggested to agree with the seller on the time when the household registration will be moved out and the liability for breach of contract. Fortunately, when the bank finally lends money to the seller, it will confirm the account problem with the buyer in advance, and only after confirming that the account has indeed moved out will it be loaned to the seller's bank account. This operation is very user-friendly and largely guarantees the rights and interests of buyers.

Finally, confirm the qualifications of buyers and related taxes and fees.

Because of Shanghai's purchase restriction policy, buyers need to have certain qualifications to buy houses. Some careless property buyers just ask whether the real estate agent has relevant qualifications. Here, I suggest you refer to the relevant policies one by one to confirm that you are really qualified to buy a house.

In addition, whether the house has been bought for two or five years or is the only house of the seller will directly affect the amount of business tax and individual tax, and the difference is also relatively large. shzyqiyu88

The down payment problem of housing intermediary mortgage to buy second-hand house

1, the down payment for second-hand houses is generally 30%. Applying for a second home mortgage, the down payment is 60%, so the low down payment is not credible. Unless there is a way to evaluate the evaluation price of the house and get more money, you will have a chance to reduce the down payment.

2. Whether the deed tax is 1% depends not only on the house, but also on whether your family is buying a house for the first time, and it is a house below 90 square meters.

The fees for appraisal and notarization are collected by appraisal companies and notary offices, which vary from place to place;

Never heard of card file;

What is the work book? You should ask clearly.

What 10 years to maintain the property for 3 years, the heating fee is estimated to be owed by the old owner, and the second-hand housing transaction tax should not have such a fee;

The agency fee is the service fee charged by the agency, depending on whether it is beyond the scope approved by the local price bureau;

The loan fee should be the service fee for looking for an intermediary to help you apply for a bank loan, which should be negotiable. If you don't need a loan or apply yourself, you don't need this fee.

Notarization of second-hand housing intermediary

Of course there are risks.

1。 What did you mean when you said that the real estate license didn't exist last time? Is it a first-hand house? If it is called an auction house, the state is not allowed to buy and sell.

2。 Under normal circumstances, notarization is effective, but the notarial certificate has not come down, which is strange, because in Shenzhen, Dongguan and Hunan, notarial certificates are given on the spot. He is just a real estate, but nothing special. The person has arrived, the certificate has arrived, the experiment has been carried out, and now a notarial certificate is issued. Where can I go without a real estate license?

You ask too many questions. Be careful.

Do I have to go through a housing agency to buy a second-hand house in Japan?

This problem is like this, because the Japanese are afraid of signing contracts between individuals, and most of them entrust intermediaries. And listing information. Even if an individual holds it, there is no place to release it, so we can't find it.

What should I pay attention to when selling a house and contacting a real estate agent?

Now that the house has been handed over, you must sign the house handover book. Strictly speaking, it does not belong to the auction house. However, if you want to trade, you can only finalize the sales contract first, and the notary office does not accept the notarization of the sales contract without the real estate license.

Now there are fewer cases of being cheated by intermediary companies. Please note the following points:

1. When the buyer decides that the intermediary company wants you to sign for it, you should carefully read the order (intermediary company agreement), and don't give your real estate license to the intermediary for safekeeping easily!

2. See clearly the real information of your buyer in the contract or agreement, and see clearly the final payment period of each house payment; Moreover, it is necessary to see clearly whether there is a loan at the end of the loan account. Is there such a sentence: "If all the loans applied by the next family cannot be approved by the bank, that is, the insufficient part of the loan will be made up by the next family before the loan period?" If there is no such sentence, don't sell it.

3. Finally, I don't know whether your house is decorated or rough, whether the decoration and furniture are given to the next home together, and whether your house maintenance fund (1275 area 0.03= maintenance fund amount) is given to the next home.

4. Read the contract or agreement carefully, and agree on the amount of compensation if there is any breach.

Cost of selling the house:

Mainly business tax, the total price is 5.55% (because your house is less than 5 years old)

Others have some transaction costs (about 1000 yuan)

What are the precautions for second-hand housing loans?

Note 1: Evaluating the price and the maximum loan amount When applying for a second-hand housing loan, the bank will generally evaluate the property first, and the evaluated value will generally be lower than its market value. When a bank lends a loan, it is based on the low value between the contract price and the evaluation price, and then multiplied by the loan ratio, which is the maximum loan amount of the property. Note 2: Completion year and loan term The completion year in the real estate certificate is usually ignored by easy borrowers. In fact, in the process of loan approval, banks usually take the year of completion as the main condition that affects the borrower's loan term. At present, the policy of most banks is "the term of housing loan is ≤35 years". For example, a house was completed in 1994, and the current age of the house is 15, so the longest loan period is 20 years (that is, 35- 15). Note 3: Loan Proportion and Interest Rate At present, the policies of banks in Beijing for second-hand houses are 20% down payment for the first suite, 30% down payment for the second suite and 40% down payment for the second suite, and the interest rate 10% will rise. The policy of provident fund loans is whether commercial loans have been used before and whether they are settled now. As long as it is the first time to use provident fund loans, the interest rate is based on the current down payment of 20% for provident fund loans and the interest rate of 3.87% for loans over five years. However, if you have used provident fund loans before, you can use them only after settlement when you apply for provident fund loans again (at present, some provinces and cities can apply for secondary provident fund loans without settlement). Note 4: Selection of repayment methods The repayment methods of banks mainly include matching principal and interest, average capital, biweekly payment and fixed interest rate. Various repayment methods are aimed at different customers. For example, equal principal and interest are suitable for teachers, civil servants and other working-class people with stable income; The average capital is suitable for borrowers who can bear greater repayment pressure in the early stage. For example, the repayment method can save more interest than the former; Biweekly payment is suitable for borrowers who pay wages every week or at the middle or end of the month. Borrowers should not choose repayment methods that are not suitable for them in order to save interest. In addition, borrowers should also combine their existing repayment ability when applying for loans, and the monthly payment should generally not exceed 50% of family income. Note 5: There are many commercial banks that choose loan banks, but the characteristics of each service are different and the types of loans are different. For example, as mentioned earlier, not all banks have biweekly loans. If the borrower chooses common mortgage products, it needs to make a comprehensive choice according to the number of bank outlets, the convenience of repayment, the bank where wages are paid and other conditions. Of course, soft conditions such as service quality should also be considered. Note 6: Proof of Income and Repayment Ability When issuing loans, banks will require borrowers to provide proof of their repayment ability, which is what we often call proof of income. The income certificate is generally the income certificate issued by the borrower's unit. If the applicant is married and a person's income certificate is lower than his monthly payment, both husband and wife can apply for a loan with the income certificate at the same time. After the conditions are met, the bank can also approve. In addition, the family also has some other assets, such as large deposits, bonds, real estate and so on. It can also be used as proof of income, and banks will generally make reference. Note 7: Borrower's personal credit information: Personal credit records are very important for lenders, because the central bank's credit information system is currently networked nationwide. Personal credit, as a reference for bank approval, directly affects the bank's evaluation of the borrower's repayment ability. At present, credit files mainly include: credit cards, real estate mortgage loans and other types of loans. Among them, credit card records are details that many borrowers easily ignore. Although most credit cards are small consumption, whether to repay on time directly reflects personal credit. Borrower's age: At present, banks generally stipulate that borrowers should not be over 65 years old. For example, the borrower is now 45 years old, so the longest loan period is 65 MINUS 45 or 20 years. Note 8: The process from applying for a loan to applying for a loan requires the cooperation of many institutions (including appraisal institutions, guarantee institutions, banks, etc. ) to complete. Under normal circumstances, banks need customers to choose the corresponding guarantee service institutions. If through the guarantee agency, the bank will generally pay the house payment to the owner within 3-4 working days after the buyer and seller complete the transfer procedures. Plus the previous evaluation and bank approval time, it can be completed within 7 working days at the earliest. Therefore, in the process of handling the mortgage, we must cooperate with various institutions, including the preparation of personal data, and need the procedures signed by the borrower, so as to ensure that the borrower can complete all the procedures in the fastest time.

Matters needing attention in buying second-hand houses through intermediaries

When buying a house, most netizens are willing to ask an intermediary for help. On the one hand, they can compare the second-hand housing market through intermediaries and shop around. On the other hand, choosing a house is time-consuming and laborious, so it is better to find an intermediary. Then, what are the precautions for buying second-hand houses through intermediaries? Let's have a look.

1, find out the truth

Second-hand housing buyers and sellers generally do not know each other, so in the face of possibility, we must find out the identity of the other party and the real information of the property. The most reliable way is to take your ID card to the real estate transaction center to inquire about the real information of the house, check the business license of the intermediary store and understand the qualification of the intermediary company. If you go to the real estate trading center to inquire, you have to pay the 30 yuan fee. In addition to checking the housing situation and property owner information, don't ignore information such as land situation, other real estate situation and real estate rights restrictions. Let you know whether the house is mortgaged, whether it has been sealed up, whether it has been bought by mortgage and how much the loan is. In this way, it is unlikely to be cheated into buying a mortgaged house, and the money room is empty. For intermediary companies, you can ask for a copy of the business license.

2. Pay attention to the payer

In the process of buying and selling real estate, the mode of payment is one of the controversial terms. Therefore, it is necessary to make specific agreements on the payment method, payment date, second payment and second payment amount when signing. The best way is for one party to deposit the cash in the bank first, and both parties will deliver it in the bank, and one party will take out the cash and deposit it directly in the other party's account. Be sure to choose a safe payment method.

Special reminder is about the payment of purchase intention. Under normal circumstances, if the seller agrees to sell the house two days after the buyer pays the intention, the intention will be automatically converted into a house purchase deposit. At this time, the deposit is generally non-refundable Therefore, consumers are advised to think twice when paying for the purchase intention.

If you buy or sell a house with a loan, you should pay more attention when repaying it. Generally, the seller has to repay the loan in advance. If the seller is short of funds, he can ask the buyer to pay the down payment at the time of repayment. At this time, buyers and sellers need to go to the loan bank at the same time to prevent their down payment from being used for other purposes.

3. Determine the delivery time

If the intention to buy and sell is reached, the delivery time should be clearly stipulated in the contract. In the past, in the process of buying and selling houses, it was often caused by not indicating the time of delivery in the contract. For example, at the appointed time, the house cannot be delivered for use due to rental or other reasons, and the contract does not explain the situation of the house, so the buyer can only eat "dumb loss". Therefore, in the process of signing the contract, it is necessary to indicate when and how the seller will deliver the house to the buyer, what compensation the buyer will get if the house cannot be delivered on time, and whether the house is still rented. Generally speaking, at the time of agreement, the buyer can take about 10% of the total house price as the condition of re-payment when handing over the house, and bind the seller to hand over the house accordingly.

4. Don't let your hukou bother you.

When the buyer verifies the property, don't forget the household registration relationship of the house, and whether the seller will move out of his household registration at the same time after selling the house. Similar situations often happened before, for example, the seller did not check out the family account at the same time after selling the house, which led to the buyer's account being unable to move in. This agreement can be noted in "Other Agreements" in the terms of "Purchase Conditions Agreement". According to the agreement on the delivery time, under normal circumstances, the seller can reserve a sum of money and pay it to the seller after confirming the household registration at the time of delivery. The amount of this money is generally around 1% of the total house price.

5. Beware that the maintenance funds are "black-eaten" by the intermediary.

Many consumers ignore the maintenance fund in the process of buying second-hand houses. Intermediaries often use this "gap" to eat into the maintenance fund. This situation often happens in the following ways: the intermediary tells the seller that there are few second-hand housing maintenance funds left, which are generally for buyers, but the intermediary says that the seller did not "send" the maintenance fund to you when dealing with the buyer, and the buyer had to reapply for the maintenance fund himself, so the maintenance fund went into the intermediary's pocket. Buyers and sellers need to know each other face to face. If the maintenance fund is given to the buyer, both parties need to make an agreement in the "Other Agreements" of the "Agreement on Purchase Conditions". Under normal circumstances, when handing over the house, the buyer and the seller need to go to the corresponding property management company to deliver the funds and change the account name according to the account balance of the maintenance fund.

6. "First villain, then gentleman"

Real estate agents generally prepare reusable format contracts. Generally, these contract agents will consider their own interests well, but they may contain overlord clauses that are unfavorable to the buyer. Therefore, when signing these contracts, you must read the terms carefully, and don't sign them hastily because you are embarrassed to delay the time of the intermediary. For terms that are obviously unfavorable to you, such as "whether the transaction is successful or not, you have to pay the agency fee". When handing in the real estate license or buying a house, you must ask the other party to issue a receipt.

It should be noted that if the intermediary fails to facilitate the transaction, it is reasonable to require a certain fee. Article 427 of the Contract Law stipulates that "if the broker fails to facilitate the establishment of the contract, he may not ask for remuneration, but may ask the client to pay the necessary expenses for engaging in the intermediary activities".

7. How to pay the commission?

After signing the contract, the buyer and the seller shall respect the intermediary service of the intermediary agency and pay the intermediary fee in good faith. Article 426 of the Contract Law stipulates: "If the trustee-trader facilitates the establishment of a contract, the trustor shall pay remuneration as agreed. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract. If the broker facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the broker. " If the buyer and the seller get in touch through the information provided by the intermediary and trade privately in an attempt to save the intermediary fee, it will not only be difficult to achieve the goal, but also bear additional liability for breach of contract. The seller shall also truthfully inform the broker and the buyer of the real situation of the property.

Regarding the commission payment, we must see clearly how the contract stipulates: whether the agency fee is paid by the buyer, the seller or both parties, and what is the ratio; Is the agency fee paid once or in installments, and when? According to the relevant regulations of Shanghai, the buyer and the seller need to pay 2% of the total house price to the intermediary as a commission, and the buyer and the seller generally share it equally.

The above is what Bian Xiao introduced to you about buying a second-hand house through an intermediary. I hope it will help you. For more second-hand housing precautions, please continue to pay attention to Tubatu Decoration Network.

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