Trap 1: true and false landlord
Fake landlords are common in renting houses, but not uncommon in the sale of second-hand houses. The so-called fake landlord refers to a person who is not the owner of the house in the legal sense, but acts on behalf of the landlord's rights and interests by forging documents and other means to defraud money from it.
Sometimes, intermediary companies will disguise their employees as landlords, sign entrustment agreements with property buyers, charge a lot of intermediary fees, and attach very harsh penalty clauses for breach of contract. Then use or create an excuse to stop the transaction, forcibly occupy the agency fee, or demand compensation from the buyers.
Countermeasures: At the beginning of the transaction, we should carefully check the landlord's ID card and real estate license. , and carefully compare various documents. Conditional can go online or relevant government registration departments for further inspection.
Trap 2: sell more in one room
Selling more than one room means that the seller sells the same commercial house to two or more different buyers and signs commercial house sales contracts with them respectively. This is a typical fraud. When dealing with disputes over selling more than one room, there are two main issues involved: one is the determination of the validity of multiple commercial housing sales contracts, and the other is who owns the disputed commercial housing.
This situation is more common in intermediary companies with bad motives. They will sell the same house to different customers, and then abscond with the money after receiving considerable deposit and advance payment.
Countermeasures: The truth comes out when "one room sells more" is transferred or changed, so there is no particularly effective way to prevent this from happening. More importantly, it is necessary to sign entrustment agreements with reputable and large-scale intermediary companies, such as some large-scale intermediary companies operating in chain stores. In the process of trading, we should be cautious, and immediately suspend cooperation with intermediary companies if we find any trouble.
Trap 3: * * * has a landlord.
Some houses are shared by husband and wife or elders and children. At this point, it is legally invalid for the landlord to sell the house alone. From the perspective of property buyers, it is likely that the same amount of money has been spent, but there are too many disputes and troubles.
Countermeasures: Get a copy of the real estate license (house purchase contract) as soon as possible, and carefully identify whether the copy has been altered or forged. If there is more than one landlord of the house, all landlords should be present when signing the house purchase and sales agreement, and sign or issue written certificates respectively. At the same time, it is also necessary to prevent the intermediary company from intentionally facilitating the transaction, or using it as a hidden danger to make the transaction fail, so as to achieve the purpose of occupying the prepaid commission.
Trap 4: the signer of the contract
Housing sales contracts should be signed by buyers and property owners. However, if the buyer neglects to verify whether the signatory of the contract is the property owner, whether there are other property owners in the house, and if the property owner or other property owners claim that the contract is invalid on the grounds that the signatory of the contract has not obtained its entrustment, then the buyer can only pursue very limited liability for contracting negligence from the signatory of the contract, that is, the direct loss caused by the non-performance of the contract is borne by the buyer. This situation is very unfavorable to the buyer.
Countermeasures: The property owner can be determined according to the property right certificate or other legal documents (such as the pre-sale contract). If the contract is not signed by the property owner, the purchaser should ask him to provide the power of attorney issued by the property owner. This trap is similar to the identification of true and false landlords, but the identification of landlords is in the early stage of second-hand housing transactions, which is the basis of successful transactions. If problems are found, the transaction can be terminated; But by the time the contract was signed, the second-hand housing transaction had entered the substantive operation stage, and there was no possibility of retrogression so far. If the signatory of the contract is not qualified to sign, it will be too much trouble in the future. Therefore, this link should be particularly cautious.
Trap 5: Actually, it is an intermediary.
Some intermediary companies will buy low-priced houses privately, and then use their employees to pretend to be landlords to rent them out. In this case, the intermediary company will rely on the "virtual" landlord to find out the affordability of buyers and flexibly adjust the price strategy, and buyers will be in a very passive position.
Countermeasures: There are many ways for intermediary companies that do not abide by professional ethics to make profits, and the above is one of them. Intermediary companies take out cash to buy a house, hoard it, and then find a suitable buyer to sell it when the market is optimistic. This trap is hard to see through. Only by carefully comparing the price difference between the target second-hand house and the nearby real estate, it is best to ask a professional evaluation company to evaluate it. Don't be fooled by the intermediary company on the price. If the price is not too high, you are satisfied with the house and the transaction process is smooth. As for who the seller is, it is not particularly important.
Trap 6: the landlord returns the price.
When the real estate market changes, especially when the house price rises, the landlord will temporarily raise the price. In the process of second-hand housing transactions, buyers often pay the deposit to intermediary companies. When they wanted to further promote the transaction, the shopkeeper suddenly raised the price. Some homeowners will only raise their prices when they finally see someone take a fancy to their house: anyway, the house is in my own hands, and you can sell it to others without buying it.
Countermeasures: If the buyers are really satisfied with the house, don't hesitate. They should sign an entrustment contract with the intermediary company immediately and pay the down payment. It's best to meet the landlord and pay the deposit to the landlord in person. The only way to stop the landlord from raising the price is contract constraint. In fact, even an intermediary company can't stop the landlord from returning the house price.
Trap 7: Conceal quality problems
Some second-hand houses have serious quality problems, even the problems left over from buildings, such as the resurgence of walls and the leakage of ceilings, which have been covered up by cunning landlords. Property buyers have to wait until the transfer of the house is completed and they have already moved in before they can find out. There is nothing wrong with spending a lot of money to buy a house with serious defects and then spending a lot of maintenance money after moving in. Some houses have passed the shelf life provided by developers and have to turn to property management companies. It is a headache to identify whether a house needs maintenance.
Countermeasures: For the appraisal of housing quality, if the buyers are not very experienced, they must turn to professionals and even make an accurate evaluation of second-hand houses. There is also quite a lot of information on the internet to identify housing quality problems, so you may wish to know more about it.
Trap 8: hukou dispute
Some property buyers buy second-hand houses in the hope of being closer to a good school to facilitate their children's schooling. This involves the issue of household registration, because the school enrolls students according to the school district. On the other hand, buying a second-hand house, but the owner of the public security bureau is someone else, is also a hidden danger. Therefore, before the transaction is completely completed, it is best to move out the original owner's account.
Countermeasures: Many inexperienced buyers will ignore the hukou. It is suggested that before the full payment, don't reserve a sum of money for the landlord as a constraint on the landlord's assistance in moving the account. Once all the money has been paid to the owner, the owner may fly away and never be contacted again.
These are the eight traps commonly used by "black" landlords. I hope everyone must be vigilant.
(The above answers were published on 2015-10-15. Please refer to the actual situation for the current purchase policy. )
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