There are 8 risks hidden in the transfer of second-hand houses! The real estate lawyer will uncover it for you one by one.

Now housing prices in Beijing and major cities are soaring, and second-hand housing has become the focus of attention, especially for some young people. Buying second-hand houses (including commercial houses, second-hand public houses (housing reform houses) that are allowed to be listed and traded, housing for the needy, demolition houses, self-built houses, affordable houses and price-limited houses) is risky. Young people need to be cautious. Everyone should pay attention to whether the quality of the house can be guaranteed, how to check it and how to buy a second-hand house with confidence. So, how difficult is it to transfer second-hand houses? Tips from Zhiyuan Xin real estate lawyers: Beginners should pay attention to 8 risks!

1, property right review before sale

First of all, we should carefully check the owner's real estate license and pay attention to the signatures of several people on the real estate license. If there are two people, they need to have their names at the back when signing the contract;

Secondly, look at relevant evidence when buying a house, such as purchase invoices and deed tax invoices. As an auxiliary evidence to preliminarily confirm the ownership of housing property.

Risk warning (1):

The biggest risk of property right audit before sale is property right defect. Before paying the deposit, be sure to check the file for confirmation. The house may be in the state of mortgage, or it may be in the state of sealing up because of debt disputes. Once there is a problem with the property rights of the house, the transaction will be declared invalid.

2. Pay the deposit and sign the contract

If the house is still mortgaged, the deposit should not be paid directly to the owner, but should be supervised by a third party. If both the buyer and the seller have a trusted third party, they can sign a simple agreement, stipulating to pay the down payment to the seller after the foreclosure is completed, and stating that "if the third party is given, it will be deemed that the seller has received the down payment, and the seller refuses to perform the contract on the grounds of not receiving the down payment, which will be regarded as a breach of contract". If there is no reliable third party, deposits should be supervised by banks. The specific way is: the buyer and the seller can go to the bank to sign a supervision agreement, and agree to transfer it to the seller's account after completing the delivery procedures at the trading center.

Generally speaking, an appointment sales contract will be signed when the deposit is paid, and the contract must at least stipulate the address of the real estate, the transaction amount, the delivery time, the liquidated damages and the liability for breach of contract.

Risk warning (2):

1) At present, if the property price rises and the buyer wants to prevent the seller from defaulting on the sale, he can pay the full deposit or agree on a high penalty to increase the default cost. However, the deposit or liquidated damages shall not be higher than 20% of the transaction amount;

2) The seller can sell the house in breach of contract on the grounds that the deposit has not been obtained during the supervision, so the pre-sale contract should indicate that "it is deemed that the seller has received it when it is supervised by a third party";

3) In order to avoid the phenomenon that the owner defaults on the payment before the delivery of the building, you need to sign a deposit agreement for the delivery of the house, and stipulate that the deposit of about 6,543,800 yuan+0,000 yuan will be deducted from the deposit. Check the furniture and electrical appliances in good condition, pay the water, electricity and property management fees, and return the deposit after paying the key.

3. Redeem the building

Different foreclosure methods have different costs, different mortgage time and different risks. Generally speaking, it is the owner's responsibility to redeem the building. There are two ways to redeem the building:

First of all, the owner redeemed the building by borrowing from the bank through the guarantee company, which generated 0.8% guarantee fee and 0 .4% short-term foreclosure interest. After the buyer's real estate license comes out, he will go to the bank for mortgage.

Secondly, the buyer mortgages the bank through the guarantee company, and the bank pays the ransom to the seller, which only needs to generate the guarantee fee, but the buyer needs to pay the mortgage in advance.

(The above answers were published on 20 17- 12-25. Please refer to the actual situation for the current purchase policy. )

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