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One-step foreclosure: the most complete foreclosure process and matters needing attention
What is closing a house:
First, it refers to a routine operation method of intermediary companies, that is, first buy the house that the owner wants to sell in cash, notarize it, and then transfer it at a higher price to make a profit;
The other refers to the behavior of handling the handover procedures with the developer after the completion of the house.
procedure
It is understood that the more standardized housing expropriation procedures should be:
(1) The developer shall notify the buyer in the form of registered letter or media announcement before closing the house, telling the specific time, place and materials to be prepared for closing the house;
(2) When the construction site is accepted, the developer should produce the original "three books and one form", namely "residential quality guarantee", "residential instruction manual", "construction project quality certificate" and "completion acceptance record form";
(3) When the buyer obtains the house key, the receptionist designated by the developer will lead him to inspect the condition of the purchased house according to the handover standard agreed by both parties;
(4) After the acceptance is completed, the buyer shall fill in the handover form of household inspection according to the actual acceptance. If the buyer is not satisfied with the house acceptance, he can put forward his opinions and fill them in the house acceptance record form as a written basis for the settlement through consultation between the two parties;
(5) If the purchaser is basically satisfied with the house, he will get the key after paying the final payment and supporting facilities fees, and sign the Household Acceptance Handover Form.
I would like to remind all property buyers not to sign the contract hastily, because once the "House Handover Acceptance Sheet" is signed, the developer has already completed the obligation to hand over the house. Therefore, if the property buyers find that they are inconsistent with the contract or laws and regulations during the house handover acceptance, they should indicate it in the house handover acceptance form, and specify the maintenance and replacement time of the developer and the liability for breach of contract. Only after they are qualified can they sign the contract to hand over the house.
Second, matters needing attention
When the buyer takes over the property, he must ask the seller to accompany him to check again to see if there are any changes, whether he has carried out maintenance and renovation according to the contract requirements, whether the quality and level of maintenance and renovation are satisfactory, and whether the relevant documents are in conformity and complete. Only when the purchaser accepts the house, signs the house handover form and gets the house key can the developer's delivery obligation be fulfilled. The following are the matters needing attention when closing the house:
Most of the fees paid by the owners at the time of repossession are collected by property management companies, which can be divided into direct fees, restrictive fees and agency fees.
(1) When paying property management fees, property buyers should know in detail the standards of various services provided by property management companies, and the period of collecting property management fees is usually less than half a year or less.
(2) Paying the maintenance fund. At present, the practice in Guiyang is that the maintenance fund is collected by the property management company when the house is handed over, and then deposited into the maintenance fund account supervised by the housing management department. The deposit ratio of maintenance funds is 2% for residential buildings and 1% for non-residential buildings.
(3) Some of the program-controlled doors and security doors involved in the new house are presented to the buyers by the developers, while others need the buyers to bear the relevant expenses themselves. As for the specific collection of fees, property buyers can follow the relevant agreement in the annex of the Commercial Housing Sales Contract signed with the developer when purchasing a house.
(4) The "three fees" for water meter, electricity meter and gas belong to the items collected by the property management company, and the specific charging standards are agreed in the commercial housing sales contract signed at the time of purchase. If the owner has any objection to the charge amount, he can consult the relevant departments in detail to determine the accurate charge amount.
(five) to collect the decoration garbage cleaning fee. As the property management fee paid by the owner only covers the domestic garbage, the property management company can charge the corresponding removal and treatment fee for the construction garbage generated in the decoration. However, at present, there is no uniform standard for the collection of construction waste clearance fees in Guiyang. Some are levied by households, and some are levied by multiplying the actual area by the corresponding base.
(6) Renovation deposit: within the agreed time after renovation, if the renovation has not caused structural damage to the house or affected the normal residence of others, the renovation deposit can be returned in full. If the buyer has no decoration plan in the short term, he can negotiate with the property management company to postpone the payment of the decoration deposit.
Regarding the precautions when closing the house, even if you can't master the professional inspection method mentioned above, don't worry too much. Before you move into the residential area, the property management company in your residential area signed an entrusted property management agreement with the developer. In order to reduce your troubles or disputes in the future, they have tested the quality of all the houses in the community on your behalf. Here, you might as well know about the acceptance and takeover of the property management company. But I still want to remind you that once there is a problem, you should contact a lawyer in time to collect the necessary evidence and safeguard your legitimate rights and interests.
Third, the related expenses of repossession
Before check-in, all kinds of expenses are always a lot, so keep your eyes open and have a good look.
Facing the new house, you can't wait to own it. Don't get too excited, but stay calm and face the early foreclosure process.
When owners check in, they often encounter such situations: some developers require that they must pay some so-called fees and deposits in advance, such as public maintenance funds, property management fees, decoration deposits, gas and cable TV fees, etc. Otherwise, they won't hand over the key. Faced with a lot of various charges, many owners who lack understanding of relevant policies and regulations are often confused. What expenses are paid by the developer, what expenses are paid by the owner, and what unreasonable expenses are not needed?
1. Differentiate payment entities
The occupancy fee can be divided into two parts, one for the developer and the other for the property company.
The fees paid to developers usually include: compensation for area increase; Liquidated damages; Pipeline gas account opening fee; Cable TV installation fee; Telephone and broadband installation fees; Security system costs; Property agency related expenses (deed tax, stamp duty, area measurement fee, certificate fee, etc.). ); Other expenses stipulated in the real estate sales contract. ...
Special instructions:
1. Pay attention to the time limit for repossession, it will be very troublesome to miss the repossession date.
2. The date of repossession can be advanced, but not postponed. If the actual delivery date exceeds the date of repossession agreed in the contract, you can consider claiming compensation from the developer according to the contract.
3. In case of special circumstances, you can entrust relatives, friends and lawyers in writing, or you can contact the developer in time to make another appointment and confirm in writing.
4. If the property buyer fails to go through the relevant formalities at the designated place within the agreed time, from a legal point of view, it is generally considered that the developer has actually delivered the house to the property buyer for use, and the property buyer shall bear all the risk responsibilities and taxes of the house purchase from the date of notification deadline.
(The above answers were published on 20 13-04- 15. Please refer to the current actual purchase policy. )
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