When buying a house, buyers will go through several different stages, such as signing a purchase contract, moving in, and handling a real estate license. It takes a transition time to apply for a house loan after signing a house purchase contract. The following are the questions I answered for you about signing a house purchase contract and handling a house purchase loan, hoping to help you!
Time for signing a house purchase contract and handling a house purchase loan.
Getting a loan is just a way of payment. You should look at the payment terms in your house purchase contract. If the payment conditions permit, you can do it after half a year. Now that real estate is becoming more and more difficult to sell, developers may be willing to wait for you to apply for provident fund loans.
General developers will only agree on the time when customers submit materials, because bank loans (or provident fund loans) are not handled by customers themselves. "The developer said that within two months after signing the purchase contract. Otherwise, the house will be lost and the deposit will not be refunded. " Don't worry about him, as long as there is no clear agreement in the contract, it won't be binding on you.
In general, customers will be required to submit relevant materials (such as proof of income, etc.). ) within 7 days. As for the processing time, there is no mandatory provision, as long as the customer cooperates, and if it does not cooperate, it will not directly accept the house. You need to send a lawyer's letter (let the developer exempt himself) to urge, and then start taking legal procedures to recover the house.
Matters needing attention in signing mortgage purchase contract
Under normal circumstances, on the day of delivery of the deposit, a house purchase agreement is signed with the developer to stipulate the house purchase price and payment method. About a week later, we paid the down payment, signed a formal purchase contract with the developer, and made a clear agreement on the purchase/repossession (usually the fixed version of the housing management department). Now many cities have implemented online signing. Within one month after the signing of the contract, the developer shall go through the advance notice registration formalities (contract filing) at the housing management department with the purchase contract. The balance should be paid according to the contract.
Recently, with the opening of some properties, people who want to buy a house have more questions. They want to know: what kind of building is risk-free?
"I heard that some properties have no pre-sale permit. Can such a building be bought? " Mr. Gao, a resident of ranghulu district, asked eagerly.
To this end, the reporter interviewed Dolly, Guo Bin and Bai Yuzhou, senior lawyers of Qing Dynasty, and asked them to answer readers' questions in detail. "Be sure to keep your eyes open and prevent the trap of selling houses set by individual developers." I heard that there are many problems in individual buildings. When will the mortgage contract be signed? Due to the rising trend caused by buying houses every year, the three lawyers said in unison that the relevant departments should strictly investigate the illegal selling of houses in advance to prevent buyers from falling into the trap of buying houses, and the money and houses are empty.
A, the four conditions of pre-sale building are indispensable.
Reporter: Is there a difference between spot sales and pre-sale? What problems should citizens pay attention to when buying a house?
Dorri:
According to the law, the pre-sale of commercial housing is subject to a licensing system. The development enterprise shall apply to the real estate management department for the pre-sale permit and obtain the pre-sale permit for commercial housing. Without obtaining the pre-sale permit of commercial housing, the pre-sale of commercial housing shall not be carried out.
The pre-sale of commercial housing must meet the following conditions:
1. has paid all the land use right transfer fees and obtained the land use right certificate; 2. Holding a construction project planning permit and a construction permit; 3. According to the calculation of pre-sale commercial housing, the funds invested in development and construction have reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined; 4. Obtain the pre-sale permit certificate of commercial housing.
Before signing the contract, you should see clearly whether the house you bought in advance is within the pre-sale scope, and when will the mortgage contract be signed? Ensure that the property right certificate will be handled smoothly in the future.
Commercial housing sales shall meet the following conditions: 1. Real estate development enterprises that sell commercial houses shall have the business license of enterprise legal person and the qualification certificate of real estate development enterprises; 2. Obtain the certificate of land use right or the approval document of land use; 3. Holding a construction project planning permit and a construction permit; 4. Has passed the completion acceptance; 5. Resettlement has been implemented; 6. Supporting infrastructures such as water supply, power supply, heating, gas and communication have delivery conditions, and other supporting infrastructures and public facilities have delivery conditions or the construction progress and delivery date have been determined; 7. The property management plan has been implemented.
B, the development of real estate must have complete "five certificates" Reporter: Under what circumstances can it be sold?
Dorri: To develop real estate, developers must have complete "five certificates".
The "five certificates" are the first construction land planning permit, the second construction project planning permit, the third construction project commencement permit, the fourth state-owned land use permit and the fifth commercial housing pre-sale permit, which are referred to as "five certificates" for short.
The first two certificates are issued by the Municipal Planning Commission, the construction permit is issued by the Municipal Construction Committee, and the state-owned land use certificate and the pre-sale permit of commercial housing are issued by the Municipal Bureau of Land Resources and Real Estate Management.
If the "five certificates" are incomplete, you can't sign a contract when you pay the down payment, you can only issue a receipt, and of course you can't lend. You can only get a loan if you have a pre-sale permit for commercial housing. The most important of these "five certificates" should be two certificates, one is the state-owned land use certificate and the other is the pre-sale permit, of which the pre-sale permit is more important.
Bai Yuzhou: There are also "two books", which refer to the residential quality guarantee and residential instruction manual, which are also the basic requirements of the law for the seller. What needs to be reminded in particular is that property buyers must look at the original when viewing the "five certificates", and the copy is easy to be cheated.
In order to cover up the false situation, some developers (salesmen) often make excuses not to show the originals of these documents, or go through a certain procedure with relevant documents, or put the words at the company headquarters far away from the sales office. Salespeople often ask customers to sign a subscription book or contract first, and once customers pay a deposit or purchase money, if there are any problems, developers (salespeople) will immediately change their faces, and customers will no longer see the smiling face full of spring when salespeople sell houses.
C. How to punish illegal sales?
Reporter: how to punish the pre-sale of commercial housing without obtaining the pre-sale permit? What kind of responsibility will the seller bear to the buyers?
Guo Bin: According to Article 13 of the Administrative Measures for the Pre-sale of Urban Commercial Housing, if a development enterprise fails to register for the pre-sale in accordance with the provisions of these measures and obtains a permit for the pre-sale of commercial housing, it shall be ordered to stop the pre-sale, complete the formalities and confiscate its illegal income.
Dorri: You can't get the deposit without the pre-sale certificate. Acting as an agent to sell real estate, if it is reported that the deposit is collected in advance, its agency qualification will be cancelled. The real estate sold by the development company itself will be ordered to rectify, cancel its sales right and impose a certain fine.
Guo Bin: If the commercial housing is pre-sold without the pre-sale permit, the real estate development department of the people's government at or above the county level shall order it to stop the illegal behavior, confiscate the illegal income, and may impose a fine of less than 1% of the advance payment received.
At the same time, if the seller intentionally conceals the fact that he has not obtained the pre-sale permit of commercial housing or provides a false pre-sale permit of commercial housing when concluding the contract for the sale of commercial housing, resulting in the contract being invalid or cancelled or dissolved, the buyer may request the return of the paid house purchase price and interest, compensate for the losses, or request the seller to bear the compensation liability not exceeding twice the paid house purchase price.
What needs to be reminded to the buyers here is that although the seller has not obtained the pre-sale permit certificate of commercial housing, the pre-sale contract with the buyers will inevitably be invalid, but if the seller obtains the pre-sale permit certificate of commercial housing before the buyers file a lawsuit, the pre-sale contract can be considered valid.
D, the buyer may have money and a house. Reporter: How risky is it for buyers?
Dorri: Developers must obtain a sales license before the pre-sale of commercial housing, otherwise they cannot go through the pre-sale and pre-purchase registration procedures of the sales contract. At this time, there is a great risk in buying. Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contracts stipulates that the pre-sale contract of commercial housing concluded between the seller and the buyer shall be deemed invalid if it has not obtained the certificate of pre-sale permit of commercial housing, but it may be deemed valid if it has obtained the certificate of pre-sale permit of commercial housing before.
The contract is invalid, that is, the buyer's purpose of purchasing a house by contract cannot be realized, but the buyer can ask the developer to return the price according to the contract, which of course means signing a contract with the developer with strong economic strength and credit ability.
If it is a sales contract signed with a developer or affiliated unit with weak strength and credit ability, it may cause great economic losses to property buyers when problems arise. There are many similar examples in our city and even the whole country, which have something to do with the nonstandard construction market and lax government supervision. However, the lack of awareness of risks by buyers themselves and their lack of attention to prevention are also one of the reasons for these problems.
Guo Bin: The risk of buying a commercial house without a pre-sale permit is self-evident, and regardless of the economic losses caused, the long-term negotiation between buyers and sellers will drag both parties to exhaustion. And most importantly, it may be difficult for the final buyer to achieve his own safe purchase purpose.
Therefore, for property buyers, the best safe transaction method is to test the qualifications of the pre-sellers according to the above conditions when buying pre-sold commercial houses, and inquire the pre-sale qualifications of the sellers from the real estate management department when necessary.
Bai Yuzhou: According to the relevant laws of our country, it is illegal to sell a house without a pre-sale permit. If the seller fails to obtain the pre-sale permit for commercial housing, the pre-sale contract concluded with the buyer shall be deemed invalid, but if the seller obtains the pre-sale permit for commercial housing before that, it may be deemed valid. If the pre-sale permit is not handled, the contract is invalid. The house cannot be legally delivered for occupancy, and the house property certificate and land use certificate cannot be processed. Not to mention the sale of houses, inheritance, mortgage and so on. There may even be cases where buyers have both money and housing.
The main reason for many uncompleted residential flats and unlicensed houses is that there is no pre-sale permit. E, the lawyer's advice to property buyers
Reporter: Would you please ask a lawyer to give a constructive hint to the buyers?
Dorri: When citizens decide to buy a house, they must sign a commercial housing sales contract with the developer. Under normal circumstances, the developer (salesperson) will hand over a proposed contract to the customer, and there will be many gaps in the contract. Some places need to be confirmed and injected by both parties, while some optional places may still be empty. At this time, buyers often think that everything has been stated, even if the contract is completed, but it is these gaps that provide conditions for developers to cheat in the future.
For example, article 15 of the standard contract "If the property right certificate is overdue, the liquidated damages shall be calculated at three ten thousandths of the total house price every day", but the developer (salesperson) will design this clause carelessly and bear the liability for breach of contract at three ten thousandths of the paid house price. Not long ago, we read a case in the newspaper: the application was delayed for 1 years, and it was only submitted to 96 yuan.
In other contracts, the breach clause seems fair on the surface, but in fact it is unfair. For example, it is agreed that any party shall pay a penalty of 40% of the total house price when canceling the house purchase contract. This is actually just to limit the purchase of houses, and it is generally impossible for developers to recover the houses that have been sold.
Reporter: What advice do you have for buyers?
Dorri: In order to prevent property buyers from being deceived, we especially remind the public to master the countermeasures for selling houses:
First, we must have a strong sense of law. For buyers, it is important to choose the location of the purchased house and lower the price, but we think it is more important to see that traps are everywhere in the irregular real estate market.
Therefore, it is necessary to understand the relevant laws and regulations, consult professionals (especially professional lawyers), and understand the laws and knowledge about buying houses. Only in this way can we better safeguard our legitimate rights and interests.
Secondly, we should fully exercise the rights conferred by law and always adhere to the principles of equality, mutual benefit and consensus in the transaction process. Fair trade is a legal principle.
At present, in the process of real estate transaction, developers (salespeople) are in a strong position, and the information between them and buyers is extremely asymmetric, so there is a phenomenon that developers (salespeople) do overlord business. To this end, consumers should maintain a correct attitude, make the problem clear and detailed when buying a house, and resolutely refuse to sign or buy if they have objections to the terms of the contract, the agreement is unclear or dissatisfied, and adhere to the principle.
Third, we should sign the contract carefully and keep the evidence. In the process of buying a house, don't believe the sweet words of some developers (salespeople). When signing a contract, you must carefully review each clause and ask the relevant questions clearly and clearly; All the promises you wish to get and the contents of the agreement already reached between the two parties must be recorded in writing, so as not to become empty checks in the future.
When the house is recovered and after occupancy, once problems are found, all kinds of evidence should be kept, and if necessary, relevant facts can be kept through notarization to prove the existence of infringement facts.
White universe: property management is also an aspect that needs attention when buying a house. People who buy a house are becoming more and more mature. Before buying a house, it is necessary to find out the charging standard of the property, so as not to happen after moving in. And when buying a house, it should be noted that it depends on whether the purchased house has been mortgaged or mortgaged.
Calculation method and relevant regulations of house purchase cost
When buyers buy a house, they will go through several different stages, from signing a house purchase contract to handling occupancy and real estate license. How should buyers go through the formalities at all stages? What fees do buyers need to pay? What is the calculation method of the purchase cost? Please refer to the following for details.
Step 1: Pay the down payment, and pay attention to the contents of the house purchase contract when signing the sales contract.
After you choose a house and pay a certain room reservation fee (that is, deposit), the developer will inform you when to sign the purchase contract. So what should I pay attention to when signing the contract? First of all, you should make it clear that the "Commercial Housing Sales Contract Text" signed with the developer is a contract text uniformly printed by the Beijing Municipal Bureau of Land Resources and Housing Management. You should make it clear whether the person who signed on behalf of the developer is its legal person, and if not, whether it holds a "power of attorney". At the same time, you should ask the developer to affix the official seal to the contract.
When signing a contract, be sure to read the contract text carefully and confirm the contents signed by both parties. If what you care about is not reflected in the contract, then you must sign a supplementary agreement or a special agreement with the developer. Don't forget to check the "two copies" when signing the house purchase contract. At the same time of signing the contract, the developer should provide the Residential Quality Guarantee and the Residential Instruction Manual, so that the property and the equipment in the property can be used smoothly when the building is repossessed, and the developer can enjoy the warranty service pass. With these two books in hand, it shows that the property you get is still relatively credible. After paying the down payment, you have to pay stamp duty. After signing the house purchase contract, don't forget to pay the down payment and stamp duty: 0.5‰ of the total house price.
Step 2: Apply for a housing loan and pay the relevant fees.
Choose the loan method that suits you. After signing the house purchase contract, it is time for you to apply for a house purchase loan. So what kind of loan method should individuals choose? The following will introduce provident fund loans, commercial loans and portfolio loans. You can choose the loan method that suits you according to your actual situation.
Fees to be paid for handling loans. After the buyers choose the loan method, they can go to the relevant departments to go through the loan procedures, and also need to pay the lawyer's fee, notary fee and insurance fee. What needs to be explained here is that lawyer's fees and notary fees are not necessary fees, but due to the complicated procedures when handling the above procedures, most property buyers entrust developers, law firms or other intermediaries to handle them uniformly. If you don't need to entrust an agent or notarization, you don't need to pay these two fees.
Step 3: handle the house property right fee.
How long does it usually take to approve a house loan?
15-20 days "In general, the mortgage can be approved in 15-20 days. After the mortgage interview, you just need to wait quietly for the audit results. The general bank will give the signed loan approval letter to the borrower within 3-5 days after signing. If you don't receive the notice from the bank after 5 days, you can go to the bank and ask if the interview is completed. Under normal circumstances, banks will lend, which is subject to bank regulations. "
Audit links related to bank loans
1, view the property values.
The first thing that needs to pass the loan review is the value of the mortgaged property itself. According to the changes in the market, the properties in different locations, different environments and different locations in the city determine whether they meet the loan conditions.
The type and age of real estate are all factors to evaluate real estate, and the value of real estate is not determined according to the transaction price of buyers and sellers, so it needs to be evaluated by a professional evaluation company.
2. Review the borrower's ability
Secondly, for the loan applicants themselves, income sources, family status, social background, credit records, etc. are all objects that banks need to review.
3. Second-hand houses need guarantee from guarantee companies.
If it is a second-hand housing transaction, the participation of guarantee companies is essential, and a formal professional guarantee company with good qualifications will bring more guarantee for the success of loans to buyers.
The down payment on the house has been paid, but what if the bank does not approve the loan?
You can return a house if the mortgage loan cannot be handled, but you should investigate the different responsibilities of the buyer and the seller according to the reasons. The situation is as follows:
1. The mortgage can't be done because of the developer. For example, if a developer fails to obtain a pre-sale permit or sells an existing house that does not have the conditions for use, resulting in the bank not approving the loan, the buyer can ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss.
2. If the information provided by the buyer is untrue or the credit history is bad, the bank may refuse to lend or return the house, but the buyer shall bear the liability for breach of contract and compensate the developer for the corresponding liquidated damages.
3. If the loan cannot be obtained due to policy changes or bank regulations, the buyer shall negotiate with the developer to return the house. If negotiation fails and there is no agreement in the contract, the buyer can prove that he is not at fault and is really unable to buy a house, and ask the developer to return the down payment and deposit.
In mortgage to buy a house, banks will examine the qualifications of applicants, and if they find that they do not meet the requirements, they will often not lend money. Of course, it may also be because developers and banks do not lend. In these cases, both parties can negotiate to terminate the purchase contract, and at the same time, they can also hold each other accountable.
Housing loan process
1. Information about the application. Identity card and residence booklet of this Municipality; In addition to their ID cards and household registration books, non-residents of this city also need to provide household registration certificates or temporary residence permits provided by the household registration management department of their original place of residence. Minor residents need to provide birth certificates.
2. After accepting the loan application before the loan, the handling bank will conduct a real investigation on the completeness, authenticity, validity and legality of the application form and the required materials submitted by the loan applicant. Through the pre-loan investigation, the bank prepares for the examination and approval of applicants who are considered to meet the loan conditions.
3. Under normal circumstances, due to the relatively long term of mortgage loans, banks require buyers to apply for property insurance to prevent loan risks.
4. Sign a loan contract after investigation and approval. After the bank completes the registration notarization procedure, it informs the applicant to take the contract and sign the housing mortgage loan contract.
5. The buyer and the seller should handle the property right transfer to the Housing Authority. Information provided: ID cards of buyers and sellers, real estate licenses, deed tax certificates, and commercial housing sales contracts issued by the Housing Authority. If the area exceeds 200 square meters, it is necessary to provide a transaction evaluation report and copy the information.
6. After the transfer of house property rights is completed, the bank will handle the mortgage and get his other warrants 7 days after the mortgage.
7. Apply for the core property certificate, the bank will take back his right certificate and the bank will lend money. After the bank lends money, it needs to provide the borrower's deed tax certificate and a copy of the real estate sales contract to the bank, and the intermediary agency also needs to stamp the official seal on the second-hand house mortgage transfer confirmation.
To sum up, many citizens will choose loans when buying a house. However, because the loan procedure is completed in the bank, it may affect the process of buying a house, and even let their favorite house be bought because of time delay, so they will definitely worry that the loan will be delayed, which requires the parties to go to the bank in advance.
Legal basis:
"Interim Measures for Personal Loans" Article 11 An application for personal loans shall meet the following conditions:
(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;
(2) The purpose of the loan is clear and legal;
(3) The amount, duration and currency of the loan application are reasonable;
(4) The borrower has the willingness and ability to repay;
(5) The borrower's credit status is good and there is no significant bad credit record;
(6) Other conditions required by the lender.
How long does it usually take to approve a mortgage?
Generally speaking, the approval time of mortgage is about 15 days. Usually our loan approval is 15 days. In case of policy change, the time can be extended to 1 month. Of course, when banks are short of funds, loans also need to be queued. Then the loan time will be further extended.
Housing loan, also known as housing mortgage loan, is an application form for housing mortgage loan, ID card, income certificate, housing sales contract, guarantee and other legal documents filled out by the buyer to the loan bank. , must be submitted. After passing the examination, the loan bank promises the loan to the buyer, and handles the real estate mortgage registration and notarization according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the sales unit within the time limit stipulated in the contract.
Loan application information:
1. The borrower's valid ID card and household registration book;
2. Proof of marital status, unmarried persons need to provide proof of unmarried, and divorced persons need to issue a civil mediation or divorce certificate (indicating that they have not remarried after divorce);
3. If you are married, you need to provide your spouse's valid ID card, household registration book and marriage certificate;
4. The borrower's income certificate (salary income certificate or tax payment certificate for half a year);
5. Real estate title certificate;
6. Guarantor (ID card, household registration book, marriage certificate, etc. Is required).
note:
1. The loan can only use collateral, and the sum of the loan amount and the interest during the loan period cannot exceed1/2 of the assessed value of collateral;
2. Have a long-term and stable income source, enough to pay the monthly loan principal and interest;
3. Guarantor;
The loan needs to pay lawyer's witness fee, mortgage registration fee, mortgage property insurance fee, property appraisal fee, etc.
It usually takes about 1 month to get a loan.
Loan amount:
1. residence: the maximum loan amount can reach 70%-80% of the appraised price;
2. Apartment: The maximum loan amount shall not exceed 60% of the appraised price;
3. Villa: The maximum loan amount shall not exceed 70% of the appraised price;
4. Commercial house: The maximum loan amount shall not exceed 60% of the appraised price.
When is the house loan?
The house purchase loan can only be handled after the developer obtains the construction project planning permit, the construction project land planning permit, the construction project construction permit, the state-owned land use permit and the pre-sale permit of commercial housing, and finally obtains the pre-sale permit.
Buying a house by loan refers to the loan business in which the buyer applies for a loan from the bank to pay the house purchase price with the building traded as collateral, and then the buyer pays the principal and interest to the bank in installments, also known as house mortgage loan.
The specific process is as follows:
1. First, please go to the bank for relevant information. And apply for personal housing loans with all relevant materials.
2. Then accept the bank's review of you and determine the loan amount.
3. Next, you can apply for a loan contract, and the bank will apply for insurance. Handle the registration and notarization of property right mortgage.
4. The last thing left is the bank loan. The borrower repays the loan every month and cancels the registration after paying off the principal and interest.
After the above procedures and processes, you can get a new house by mortgage.