What are the main qualification requirements for both parties in the transfer of second-hand houses?
The two parties to the transfer of second-hand houses are called the transferor and the transferee. Generally speaking, there are no special restrictions on the transferee, and the transferee can be China people, natural persons, legal persons and other organizations at home and abroad. However, there are specific restrictions on the transferor, that is, the transferred house must be the real estate owner recorded in the real estate license, and the real estate owner can be China people, natural persons, legal persons and other organizations at home and abroad; If the property owner is a natural person, he must have full capacity for civil conduct.
What are the provisions for the transfer of other rights of second-hand houses?
The transfer of mortgaged second-hand houses requires the written consent of the mortgagee, or the transferor pays off the loan first, or the transferor negotiates with the mortgagee to handle the mortgage transfer formalities at the same time as the property transfer; When transferring a second-hand house with leasehold right, the transferor shall notify the lessee in writing three months before the transfer of the property, and follow the principle of "buying and selling without breaking the contract" after the successful transfer of the property.
Is it necessary to conclude a written contract for the transfer of second-hand houses?
Second-hand housing transfer requires a written contract, and the written contract is different with different transfer methods. Second-hand housing sales, buyers and sellers need to conclude a "real estate sales contract"; When exchanging second-hand houses, both parties need to conclude a Real Estate Exchange Contract; For the donation of second-hand houses, the parties concerned shall conclude a notarial certificate of real estate donation and a notarial certificate of accepting real estate donation.
What matters should buyers and sellers pay attention to when signing a second-hand house sales contract?
1, the contract subject should be clear. Whoever buys and signs the sales contract is not allowed to impersonate others. In particular, the buyer should verify the authenticity of the owner's identity.
2. The bid shall be clearly marked. Which house to buy or which house to sell, whether all or part of the property rights transactions must be clear in the contract.
3. The house payment is planned. Whether the transaction house payment is paid in installments or in one lump sum, and the specific time and method of payment.
4. Date of delivery of the property. The two sides agreed on the date of delivery of the property.
5, responsible for the transfer of property rights. Housing sale is not only the mutual delivery of house price and real estate, but also the transfer of property rights. It is very important for the buyer to obtain the basis of property rights-"real estate license" and agree on the specific date of property rights transfer.
6. Transfer of taxes and fees shall be discussed separately. For the transfer of property rights, the management department will collect taxes and fees as required. The buyer and the seller must stipulate in the contract who will pay the taxes and fees, so as not to shirk each other and delay the transfer.
7. Housing expenses should be handed over. Set the handover date of water, electricity, property management, TV antenna and other expenses attached to the house, and clearly divide the responsibilities of the above expenses.
8. The liability for breach of contract should be equal. Theoretically, both buyers and sellers may default. In order to avoid the phenomenon of wrangling in the future, when signing the contract, it is necessary to clearly write down the responsibilities and rights of both parties, the amount and time of payment of liquidated damages, and follow the principle of equality of responsibilities and rights of both parties.
9. Matters not covered should be added. When signing a contract, the buyer and the seller encounter the situation that the terms of the contract are not clear, or the model contract text is used to sign the contract, and the text content can not fully meet the needs of both parties. Therefore, both parties must pay attention to appending clauses in the contract or supplementing the explanation of the agreement for matters not covered in the contract, so as to reduce the inconvenience and trouble caused by ambiguous meaning in the subsequent stage.
How do you know if the house to be sold has any property rights restrictions?
If you want to know in advance whether the house you are buying or selling has rights restrictions, the buyer can ask the seller to inquire about the property rights restrictions of the property at the external service window of the property archives located on the first floor of the west building of Shunde District Administration Building and issue relevant certificates; Or, in order to simplify the procedures, both parties can ignore the above links and apply to the management department for housing transfer as soon as possible. If the management department accepts the application, it means that there are no property rights restrictions on the property at present.