Hongding community property telephone

The second-hand and first-hand procedures are much more complicated. In addition to dealing with the family, it is also necessary to deal with the intermediary, especially if the family has a mortgage loan or the family has to apply for a mortgage loan, which is more prone to disputes. Combined with the cases undertaken by myself, the author introduces the common fraudulent means of buying second-hand goods and their countermeasures. The cases in this paper are all from real cases.

The first trick: verifying the identity of the last family is the first priority.

Case: Mr. Liu is looking for an intermediary to think about the house because of the house demolition. The agent recommended him a house, and Mr. Liu was quite satisfied. He signed a purchase contract with the last Mr. Zhang introduced by the intermediary, and paid the down payment and deposit to Mr. Zhang twice. But when I arrived in Jiao Jiao, I couldn't find Mr. Zhang. Later, I learned that Mr. Zhang was not a property owner at all. He only rented the house, and the real estate license was forged. Mr. Liu had to call the police, but Mr. Zhang has not found it so far.

Countermeasures: Now everything is fake, the graduation certificate is fake, the identity card is fake, and the production certificate is of course fake. Nowadays, "urban psoriasis" can be seen everywhere, which provides great convenience for these frauds. Fake ID cards and fake real estate licenses can be done for two or three hundred yuan. Second-hand is different from first-hand trading with merchants. This problem generally does not exist. So the first step of secondhand is to verify the identity of the other party you are dealing with. The easiest way is to go to the real estate trading center in each district to check the ownership of the house. As long as you spend 30 yuan with your ID card, the trading center will give you a document with basic information about the house, including the name of the owner, mortgage and other basic information. If you are afraid that the other party will pretend to be Dong with a fake ID card, you can also entrust a lawyer to the Public Security Bureau to investigate the population information in order to verify my identity. If you do these two jobs well, you can sign a contract with the other party with confidence, and you don't have to worry about meeting Mr. Liu.

The second measure: carefully review the loan contract.

Case: Mr. Li signed a 500,000 yuan purchase contract with his family. Because Mr. Li needed a bank loan, he went through the mortgage loan formalities through an intermediary. Go through the formalities and ask Mr. Li to sign a loan contract at the bank. When Mr. Li arrived at the bank, he was told that it was a standard contract provided by the bank and there would be no problem. Just check the loan amount. Mr. Li felt that there would be no mistake in the standard contract of the bank, so he simply looked at the loan amount and signed it. A week later, at the loan time promised by the bank, Mr. Li still didn't receive the loan, so he called the bank to ask, and the bank told him that the loan had been transferred to the account according to the loan contract. When Mr. Li went to see him again, he was assured that it was stipulated that the loan would be transferred directly to his last account next month. After that, Mr. Li searched many times and dragged on, and finally went to the empty building. Later, when Mr. Li learned that his family had long been insolvent, he used his crooked brain to misappropriate customers' loans. They put the loan into an account in the customer's loan contract, then use the customer's negligence to trick the customer into signing the contract, then illegally misappropriate the loan, and finally unable to repay it. This is "going up in smoke". Although Mr. Li immediately reported the case and later arrested the main person in charge, the money had been squandered, and Mr. Li was also sued by his family for failing to pay the balance of the house payment.

Countermeasures: In the case of the next loan, the transaction procedure is generally like this:

The first step: the next home pays the down payment.

Step 2: After the last one gets it, transfer the house to the next one.

Step 3: The next home will mortgage the house to the bank after obtaining the property right certificate or the receipt received by the trading center.

Step 4: The bank issues loans to the next family.

Step 5: both parties hand over the house, settle the water and electricity bills, pay off the balance and end the transaction.

In the process of applying for a loan from a bank, if the application is a commercial loan, the bank will ask the next family to find one, and the next family will generally adopt the recommendation of the intermediary. A few lawless people will exploit the loopholes of buyers and seek illegal interests.

Although Mr. Li has concluded a standard contract provided by the bank, he can't sit back and relax because there are many things to fill in the standard contract. If we don't pay attention to these contents and check them carefully, they will be easily used.

The third measure is given to the loan bank.

Case: Miss Wu took a fancy to a house, but the last one still had a bank mortgage loan of 300,000 yuan in this house. The intermediary said that the last one had to cancel the mortgage before it could be transferred, but because the last one was unable to pay 300,000 yuan to repay the loan, I hope Miss Wu will pay more and then go home to cancel. As a result, Miss Wu paid 200,000 yuan to her family after signing the contract, but the family did not go to the bank to cancel the mortgage. Finally, I went home and said that because of the business deficit, I paid off the 200,000 yuan paid by Miss Wu. Miss Wu was trembling with anger, but now there is nothing she can do but go to court.

Countermeasures: If the last company has a mortgage loan, then the last company must pay off the loan first and go through the mortgage cancellation procedures at the property rights trading center before trading (some trading centers also require several working days after the mortgage cancellation procedures are completed). In this case, the last family will generally ask the next family to pay a certain amount in advance to repay the bank loan in order to cancel the mortgage. However, if the next home is handed over to the last home, and the last home does not cancel the mortgage according to the original agreement, but uses it for other purposes, then something like Miss Wu will happen. However, if the next home insists on paying after the mortgage is cancelled, it is likely that the transaction will fail because of the lack of funds at the last home. In this regard, the next family can ask to go to a good bank, and after the last one has gone through the loan repayment procedures, it will be directly remitted to the last bank account, and the bank can withdraw money on the spot and issue other warrants. In this way, it is impossible for the last family to misappropriate the things delivered by the next family.

The fourth measure: the transaction transfer office entrusts

Case: Ms. Xie took a fancy to a second-hand set, but there was a mortgage loan from the bank on the house. In order to cancel the mortgage, the last family asked Ms. Xie to pay it back first. Ms. Xie learned that it only needs to be remitted directly to the last loan bank, so she went to the loan bank with the last one to help her repay the loan. The last one also paid off the bank loan according to the contract and got other warrants. However, due to the regulations of the trading center, it will take three working days to go through the transfer formalities after the mortgage cancellation procedures are completed. So Ms. Xie made an appointment with her family for three working days. But on the appointed day, the last family didn't come. The other party said that she was on a business trip, and then she said that her family didn't agree. In fact, Ms. Xie later learned that she went home because she thought her son was cheap and wanted to go back on her word, so she deliberately did not go through the transfer procedures. Ms. Xie advised the lawyer that in order to prevent her family from being transferred to others, she must sue immediately. Ms. Xie had to prepare a lawsuit according to the lawyer's suggestion.

Countermeasures: The next one gives the mortgage to the last one, but there is a time difference from the cancellation of the mortgage to the transfer. According to the law, whose name is the house, even if you get the key, it's useless. Therefore, only after the transfer is completed and a new title certificate is obtained can the house become the next home. However, if the last family breaks the contract during this period, the next family will not be able to transfer the ownership on time, but there will still be a sum of money detained by the last family. In order to avoid this situation, it is best for the next family to ask the last family to handle a power of attorney for the transfer transaction before handing it in, and it is best to indicate the words "this entrustment is irrevocable" on the power of attorney. Generally speaking, intermediary employees can act as trustees. In this case, even if the last one reneges on the transaction, the next one can go directly to the trading center with the power of attorney. Of course, there will be a handling fee for the entrustment, but the handling fee of several hundred yuan is nothing compared with that of tens of millions or millions of yuan. After all, no one wants to go to court after a dispute. The fifth measure: the last household registration must be moved away.

Case: Gu Kailai went to school solely for his children. His home is in the suburbs. Now all children go to school according to their household registration. In order to give his daughter a better education, Mr. Gu bought a second-hand house near a famous school in the district. At first, he asked if the household registration at home had been moved. At that time, his family patted his chest to ensure that the account had been moved. Teacher Gu believed him when he saw that he was so sure. So I paid the money and went through the formalities. But later, when Mr. Gu opened an account, he found that his family's account had not been moved, so he was in a hurry. But the family said that the account was not his, and that the account was already on it when he got it from someone else, so there was no way. Teacher Gu wanted to sue Shang Jia, but the lawyer told him that the matter of moving the account would not be accepted. Teacher Gu had to admit that he was unlucky.

Countermeasures: the transfer of household registration shall be handled by the public security organs. If you want to move your hukou, you have to find a place to settle down. If you can't settle down, of course you can't move. Therefore, such cases are not accepted now because they are not suitable for enforcement. Therefore, before signing a housing contract, we must first understand the household registration status in the house. The next family had better entrust a lawyer to the household registration office of the public security bureau to investigate whether there is an account in the house. Don't believe the empty promises of the last family. If there is a registered permanent residence, it must be stipulated in the contract that the family will move out of the registered permanent residence before the transfer of the registered permanent residence or before the transfer of the registered permanent residence, otherwise a certain penalty will be paid, or it is agreed to keep some money until the registered permanent residence moves out.

The sixth measure: the loan risk should be grasped.

Case: Mr. Chen took a fancy to a second-hand set of 10 thousand yuan, but he didn't have enough cash on hand and wanted to pay by commercial loan. The agent told him that according to the current loan policy and the age of the house, he can borrow 70%, which is 840,000 yuan. So, Mr. Chen signed a contract with his family and paid 360 thousand. According to the contract, the balance should be paid by bank loan within one month after payment. In case of overdue payment, Mr. Chen pays a penalty of 0.5% of the balance to his family every day. However, Mr. Chen is in trouble with the loan. The bank said that Mr. Chen borrowed several sets, so this sub-bank is only willing to lend 50%, that is, 600,000. Seeing that the payment time agreed in the contract is coming, Mr. Chen still can't scrape together another 240 thousand yuan. Finally, I had to collect a lot of money. Although it was overdue, I still paid a part of the liquidated damages.

Countermeasures: In the case of the next home loan, the contract of "+loan" only indicates that the last home allows the next home to pay by way of loan, so if the bank refuses to lend or fails to fully lend due to the next home's own reasons, then this responsibility should be borne by the next home (this issue is controversial, and different opinions may be different), but in order to avoid similar risks, the next home must tell the intermediary truthfully about itself when preparing the loan, or apply for the loan directly.

The seventh measure: pay the final payment when paying.

Case: Manager Wang signed a house contract with his family worth 1 10,000 yuan. According to the contract, this 1 10,000 yuan includes household appliances, gas and other fixed facilities, and it is agreed that 30% of it is 450,000 yuan on the date of signing the contract, and the remaining 70% of it is 1 10,000 yuan will be paid by bank mortgage. Later, the bank released the money, and Manager Wang paid the rest to his family. But something went wrong when it was delivered. It turns out that my family still owes more than a year for water, electricity, coal and property management fees, which add up to tens of thousands of dollars. In addition, the two air conditioners in the original room were also removed. But at this time, the family refused to pay any compensation, so the two sides quarreled.

Countermeasures: When handing over the house, we should not only check whether the facilities in the house are in line with the contract, but also know the payment of water, electricity, coal, property management fees, cable TV and fees. Generally speaking, the contract will stipulate that these expenses will be borne by the upper-class families before delivery and by the lower-class families after delivery. But if the last family owes money and doesn't pay it back, the money will eventually be paid back by the next family. Therefore, we must first understand the payment of these fees by the last family. Actually, it's very convenient to know. Now gas and tap water have promoted convenience services, just make a phone call. As for the property management fee, you can know directly from the property. The next family can reserve a part of the final payment according to their own understanding and put it in the intermediary office. It is stipulated in the contract that the last family will settle these fees and pay them to the last family after the acceptance of the next family, so that the next family can avoid the delivery risk.

The eighth measure: the receipt is not a title certificate.

Case: Mr. Guo signed a house purchase contract worth 1 10,000 yuan. The payment terms in the contract are: on the day of signing the contract, Mr. Guo pays 30% or 660,000 yuan to his family, 60% or 1 10,000 yuan after receiving the receipt issued by the trading center, and 65,438+00% or 220,000 yuan after handing over the house. After Mr. Guo got the receipt issued by the trading center, the trading center told him that it would take another five days to get the production certificate. Unexpectedly, when Mr. Guo went to the trading center to show his certificate five days later, the trading center told him that the certificate could not be done, because on the third day after Mr. Guo got the receipt, Shang Jia was sued and sealed up the house at the plaintiff's request. Mr. Guo later learned from the lawyer that in this case, it is best to ask for the termination of the contract and ask the family to refund the money. However, because Mr. Guo has paid 90% of the payment at this time, Mr. Guo's loss is still quite large.

Countermeasures: Getting the receipt issued by the trading center does not mean that everything will be fine, because according to the law, the transfer of the house should be based on him, that is to say, the name of the son belongs to him. Although Mr. Guo has paid most of the money and got the receipt, he hasn't got the money yet, so he still belongs to his family. There is reason to seal it up because his family has been sued. Although the probability of this kind of thing happening is relatively small, in order to avoid the risk of buying a house as much as possible, it is best to stipulate that the next family will pay the first payment after obtaining the property certificate (generally accounting for a large proportion of the first payment). In this case, even before the real estate license is issued, the loss of the next home will not be too great.