"Leak detection" method to prevent the risk of creditor's rights

Is a house millions cheaper than the market price reliable? These days, Mr. Bi has been tossing and turning for the auction house. Price advantage is the main reason why judicial auction of real estate is favored. However, experts reminded that the public must pay attention to whether there are four major risks: housing property rights, housing creditor's rights, and whether there are rent arrears and expenses.

A three-bedroom apartment is one million yuan cheaper.

"Can I buy this auction house?" In the last two months, whenever Mr. Bi meets familiar friends, he will pull others to discuss the topic of auction house.

Mr. Bi has no room under his name and has been living with his parents since he got married. As the children grow up, Mr. Bi's desire to buy a house becomes more and more urgent. Inadvertently, he heard colleagues talk about auction houses, saying that they were cheaper than houses on the market.

The auction house is the house that enters the judicial auction. Generally speaking, the biggest source of legal auction houses is the bad debt collateral of banks and non-bank financial institutions, and private lending disputes and judicial confiscation will also produce legal auction houses.

"Take the auction house in Li Qingyuan Community, Haidian District as an example, 1 12 square meters, the starting price is 5.204 million yuan, equivalent to 46,500 yuan, and the average transaction price of this community in the second-hand housing market is 57,000 yuan. 1 square meter is 1 ten thousand yuan, 1 square meter is 1 ten thousand yuan. " Mr. Bi was very moved by the price of the auction house.

Where does this price advantage come from? Zhang Dawei, chief analyst of Beijing Zhongyuan Real Estate, said that according to the Provisions of the People's Court on Property Auction, the reserve price determined by the People's Court shall not be lower than 80% of the evaluation or market price at the first auction; However, if the auction fails, the reserve price may be lowered at the discretion of the second auction, but the amount reduced each time cannot exceed 20% of the previous reserve price.

Take several auctions in August as examples. The evaluation price of an auction house in Fuxing Road, Haidian District was 9,936,700 yuan, and the transaction price was 6,599,600 yuan, which was 6.7 times of the evaluation price. A set of Sweet Water Xiyuan Auction House in Chaoyang District, with an estimated price of 4,334,300 yuan and a transaction price of 3,679,000 yuan, equivalent to 8.5 fold. In other words, if the buyer "misses" successfully, he can start from about 7% to 8% of the evaluation price.

Half of the houses were sold at the first auction.

As the property market entered a relatively stable period, the number of once-indifferent houses and the number of transactions obviously picked up.

Taking Alibaba's judicial auction platform as an example, the reporter looked up the commercial housing in Beijing and saw that from August 1 to August 22, there were 17 sets of houses being auctioned, and 99 sets of houses had been auctioned, accounting for 1 16 sets. Among the houses that have ended the auction, there are 6 suites whose bids exceed 100 times, and 20 suites whose bids exceed 50 times. The competition is fierce.

The reporter noticed that the auction house with the highest bid was a 55-square-meter two-bedroom apartment in Building 6 of Gaojiazhai in Xicheng District, with a total of 153 bids and1271onlookers. At first, the buyer also offered a "peaceful" price according to the agreed price increase range of 1 ten thousand yuan. At 18, a participant suddenly increased his price by 30,000 yuan, and then someone increased his price by 30,000 yuan, 40,000 yuan or even 70,000 yuan from time to time. Finally, the house was sold for 5.874 million yuan, even slightly higher than the estimated amount of 5.435 million yuan given by the court.

It is understood that this is the first time that the auction turnover rate of French auction houses has exceeded 50% for the fourth consecutive month. The reporter saw on Alibaba's judicial auction platform that from May to July this year, the number of Beijing commercial houses entering the judicial auction procedure on the platform was 127, 95 and 174 sets respectively, while the data in the same period last year was only 76, 87 and 95 sets.

According to the monitoring data of relevant institutions, since 20 18, the number of legal auction houses in China has increased greatly. In 20 18, the judicial auction houses in Beijing Taobao and JD.COM increased by 70% year-on-year.

In addition to "picking up leaks", we must also guard against the risk of creditor's rights.

Are cheap auction houses really "profitable"? In fact, not long ago, Shanghai and Chengdu revealed that some citizens were caught in disputes because they failed to pay property fees after buying a house.

"For ordinary buyers with sufficient funds and limited qualifications for buying houses, it is indeed possible to' catch the leak', but buyers should also pay attention to various potential risks after the transaction." Zhang Dawei listed that when buying a house, we should pay attention to property rights, creditor's rights, and whether there are four risks: default lease and expenses.

From the point of view of housing property rights, there may be unclear housing property rights, no property rights or small property rights, no or no real estate license, and insufficient payment of land transfer fees. It is best for buyers to check and confirm relevant information through the Municipal Housing Construction Committee. In terms of creditor's rights, the owners of houses auctioned according to law often involve debt problems, and the houses may be mortgaged many times, because private loans are difficult to find out, and bidders may accidentally encounter recovery from other "creditors" after moving in.

There is also the issue of leasing. After the auction house with long-term lease is bought, even if the buyer has completed the transfer of the house, the house cannot actually move in before the lease expires, and the buyer cannot reach an agreement with the lessee to move out. The last thing to pay attention to is the cost. The original owner of the auction house may have unpaid utilities, property fees and other expenses. In most cases, according to the tender announcement, the relevant taxes and fees arising from the sale of houses shall be borne by the buyer.

Zhang Dawei suggested that buyers with the mentality of "finding money without knowing it" should make comprehensive consideration and do a good job of basic investigation before deciding whether to participate in the auction.