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What is the transaction process of the full sale of second-hand houses?
1. Looking at the house: the buyer looks at the house, and the buyer and the seller preliminarily negotiate the price, payment method, delivery date and other matters. Generally speaking, all expenses incurred by the buyers and sellers are paid by the buyers and sellers.
2. File search: The buyer and the seller hold the original real estate license or the original mortgage contract to the land department of the Archives Building for file search.
Three. Signing: the buyer and the seller negotiate the house price, down payment, fund supervision, loan application time, foreclosure fee, transfer application time, tax payment method, delivery date, tenant situation, commission payment time and proportion, and liability for breach of contract.
After these points are determined, the buyer and the seller sign a tripartite contract with the intermediary, or the buyer and the seller sign a contract to write the above contents into the contract (Shenzhen Uniform Format Contract) and pay the deposit to the intermediary company.
4. The seller and the guarantee company go to the notary office for notarization, and the seller entrusts the guarantee company to handle related affairs.
Verb (abbreviation of verb) fund supervision and loan application: the buyer pays the down payment to the fund supervision account of the mortgage bank (usually the original loan bank, if it is changed to another bank, it will cost more), and the buyer and the guarantee company sign the fund supervision agreement and related documents with the bank (many of them are unclear, but they are busy signing).
The buyer applies for a loan from the bank, and after the bank agrees to the loan, it will issue a loan commitment letter to the buyer (usually the bank directly informs the guarantee company), which takes about 7~8 working days.
6. Redemption of the building: After the buyer pays the guarantee fee to the guarantee company, the guarantee company applies to the original loan bank for redemption of the building, and the guarantee company issues a letter of guarantee to the bank for redemption and cancellation of mortgage registration, which takes about 5 working days;
Seven. House transfer: The buyer and the guarantee company sign at the third floor of Shenzhen Real Estate Property Registration Center (Jinhu Cultural Square, located between the bank bus station and Nanfang Pharmaceutical Factory). It takes 5 working days for the guarantee company to receive the receipt after submitting the application for house transfer.
8. The buyer and the guarantee company sign in the license window and pay the real estate license fee (remember to make more copies and wait until the loan is fully paid off). The guarantee company obtains a new real estate license and carries out mortgage registration with the mortgage bank in Shenzhen Real Estate Property Rights Registration Center, and the bank will pay the down payment to the seller;
After the mortgage registration of the new real estate license, the bank will give the loan to the seller after deducting the mortgage loan, which takes about 10 working days.
Nine, delivery: the buyer and the seller handle the delivery of the house, water, electricity and other transfer, and the buyer gets the key.
Extended data:
Matters needing attention in the sale of second-hand houses:
In the process of buying and selling second-hand houses, the following provisions must be observed:
1. The real identity of the owner must be confirmed before the second-hand house transaction.
Before signing a contract, buyers and sellers should first check the authenticity of the signing subject, mainly to verify the identity of the owner. Therefore, the authenticity of the owner's certificate and its consistency with the owner's identity are the prerequisites for signing a sales contract, especially when the buyer and the seller conduct their own transactions without the intermediary guarantee of a third party, which needs to be paid attention to by both buyers and sellers.
2. When signing the second-hand house sales contract, both parties must specify the liability for breach of contract.
The proportion of liquidated damages in the second-hand housing sales contract is clearly stipulated in the terms, but there is no specific agreement on the payment time, which will lead to the defaulting party delaying the payment time accordingly and reducing the actual binding force and execution of the terms;
Therefore, the clause that "the buyer shall pay the seller (the buyer) liquidated damages within _ _ _ days from the actual payment date (the seller actually delivered the house)" should be added in the contract to ensure the final implementation of the contract terms.
3. Time of payment and transfer must be indicated.
Many second-hand housing transactions are not one-time payment, but installment payment. Therefore, the seller needs to know the buyer's payment time, and the payment time of the final payment depends on the date of property transfer, so the buyer has the right to know the time of property transfer. Overdue, the breaching party should implement the liability for breach of contract in the housing sales contract according to the actual situation.
4, must indicate the second-hand housing related expenses handover time.
This is a subsidiary issue of the house itself that the buyer should pay attention to, and it is an important clause in "house delivery". Need to indicate the delivery date of water, electricity, gas, property, heating and other expenses.
Because a clear handover time is the key to a clear division of responsibilities, at the same time, if it is a public housing transaction, the payment time and standard of property, heating and other expenses, whether the original owner unit has established requirements and changes, the cooperation that the seller needs to do, and the agreement that the buyer needs to sign must be clear in the contract.
When signing a contract with an intermediary company, you must have a detailed list of agency fees.
With the continuous improvement of the intermediary market, consumers gradually realize that reputable brokerage companies can effectively protect the rights and interests of buyers and sellers. The proportion of second-hand houses traded by brokerage companies is increasing year by year, so the agency fees of brokerage companies are getting more and more attention from consumers. When signing the contract, the buyer and the seller must ask the brokerage company to clearly explain the purpose of the agency fee.
6. To buy a house through an intermediary company, you must meet the owner.
The brokerage company launched the "acquisition" business, so there was the illegal operation of "selling more in one room", that is, after receiving the deposit from one customer, the brokerage company would also show other customers the house, and finally the highest bidder would get it and sell it to the person who would not hesitate to break the contract with the first customer.
The reason is often that the owner does not sell and other brokerage companies' exemption clauses, that is, the brokerage company does not have to bear any liability for breach of contract, and the consumers who have paid the deposit can only submit to humiliation. Therefore, this newspaper reminds consumers that at this time, you should exercise your right to ask for an appointment with the owner for face-to-face verification, which will expose his misconduct.
7. You must learn to use the supplementary agreement.
When signing a contract, if the terms of the contract are unclear or need to be further agreed, the buyer and the seller should fill in the blank line after the relevant terms of the contract, or fill in the additional terms after the contract, which will reduce the inconvenience and trouble caused by the ambiguous meaning in the subsequent stage.
References:
Baidu Encyclopedia-Second-hand Housing Sales Process
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