For a family, the purpose of buying a house is to own, improve living conditions, rent or wait for profit. However, buying a house is not like buying clothes and buying a mobile phone. You can change more clothes. Therefore, every family is cautious about buying a house. Especially for netizens who buy second-hand houses, you must know the precautions for buying second-hand houses. Then, in the process of second-hand housing transactions, what are the precautions for buying second-hand housing? Let's take a look.
First, the purchase of second-hand housing considerations:
1. Whether the property right is reliable: Pay attention to whether the name on the property right certificate is consistent with the owner, the nature and content of the property right, including the area, address, the allocation ratio of the standard house, etc. At the same time, we should also check the original and check the authenticity of the property right certificate. In addition, we should know whether the second-hand house is a cost house or a standard house or an affordable house. The different nature of property rights relates to the complexity of the transaction process and the distribution of housing income, which ultimately affects the signing of the second-hand housing sales contract.
2. Whether the original unit is allowed to resell: It is necessary to confirm with the original property right unit whether the original unit agrees to transfer and the way of profit distribution. In the transfer of public housing purchased at standard price, there are problems of paying the cost at cost or sharing it with the original unit in proportion, and the buyer should be aware of it. In addition, the public houses produced by the army, hospitals and schools are generally in the same compound as the office buildings of the units, and the above units are generally classified as special units. Such public houses cannot be listed without consent.
3. Whether there is a private building: Pay attention to whether it occupies public space, whether it changes the internal structure of the house, and whether there are structural changes involving area calculation. These factors should be considered when purchasing, and the excess area should be excluded from the calculation of house prices. Of course, this needs to be specifically negotiated with the owner.
4. Confirm the accurate area of the purchased second-hand house: the building area is generally indicated on the property certificate, and the buyer also needs to know the usable area and the actual indoor area.
5, carefully observe the internal structure of the house, pay attention to whether the apartment is reasonable, whether there are too many pipelines, whether the second-hand house is decorated, in addition, the internal structure of the house is needed for future decoration.
6. Inquire about the management level of the property, including the content and level of providing services, the level of security, cleaning and greening, and the management of basic living facilities.
7. Investigate the municipal facilities of the house: mainly including water, cable TV, power supply capacity, wires, telephone lines, gas, natural gas, hot water and heating.
Matters needing attention in finding an intermediary to buy a second-hand house
Choose a real estate agent
First, choose a real estate agent. It is best to choose a real estate agency with large scale, business license, qualification certificate and good reputation. In addition, before signing the purchase agreement with the owner, the buyer should go to the shop of the intermediary company several times, and observe whether the salesman in the shop is fixed and whether there are any disputes between other buyers and sellers and the company during each visit.
Evaluate and inspect the details of the house.
The intermediary company checks the owner's ID card and property right certificate (including whether there is property right and whether the house is mortgaged). ) and record it. On-the-spot investigation by the intermediary company can grasp the details of the house, such as the water supply and drainage of the ceiling, wall, bathroom and kitchen, whether there is structural transformation, whether there is selfless construction, occupying the roof platform and corridor, etc. Preliminary evaluation provides reference for determining the selling price. Proper housing and housing evaluation are the most concerned in this link.
sign an agreement
After the house is verified, the transaction intermediary company signs an entrustment agreement with the buyer and the seller respectively. After the buyers and sellers confirm the house price and related matters, they sign a sales contract with the intermediary company. Generally speaking, the contract should indicate the details of the seller's house and pay the agency fee. Generally, the agency fee is paid by the buyer, and the amount is 2.5% of the house price, but it is also charged to the buyer and the seller respectively. In order to reduce the possible risks in second-hand housing transactions, the following clauses are essential:
1. Basic information should be listed: the name, address and contact information of the buyer and the seller.
2. Ask the seller or intermediary to clearly write down the basic information of the house, including location, nature, area, structure, pattern, decoration, facilities and equipment, whether there is mortgage, whether anyone agrees to sell, etc.
3. Price-related issues: specify the total house price in the contract, indicate whether it is a one-time payment, installment payment or loan application, specify the payment time and stipulate the payment terms.
4. Write down the time and conditions of delivery, the process and expenses of handling relevant formalities.
5. Liability for breach of contract: it is regarded as breach of contract when it occurs, the calculation and payment of liquidated damages, deposits and compensation, and how to solve disputes (arbitration, litigation, etc.). ) If negotiation fails.
6. Indicate the entry into force, suspension, termination or rescission of the contract and other related matters.
7. The conditions for alteration and transfer are stipulated in the contract, or the prohibition clauses that may not be altered or transferred are stipulated. In addition, when adding some terms, it must be implemented in words, and the intermediary is required to affix the official seal of the company on it.
Sign an intermediary insurance contract
In order to ensure the vital interests of the buyers and sellers of real estate and prevent unnecessary disputes in the transaction, the intermediary will act as an intermediary guarantor to provide intermediary services for "paying the purchase price and handing over the real estate" in the real estate transaction after accepting the entrustment of the buyers and sellers. After signing the sales contract, the buyer and the seller sign an intermediary insurance contract with the intermediary to pay the intermediary premium. The seller shall submit the original and photocopy of the house ownership certificate and the confirmation notice of public housing listing approval, and affix the name seal. The buyer is required to submit a copy of valid identity certificate and its name and seal, and individuals from other provinces and cities are also required to apply for the Notice of Approval for House Purchase in Beijing.
The Buyer will deposit all the house payment into the account designated by China Insurance Company before signing the transfer contract. If the buyer wants to apply for a mortgage loan from the bank, he should sign an entrustment guarantee contract with the guarantor, deposit 30% of the total house price as the down payment into the account designated by the intermediary, and remit all the loans to the account designated by the intermediary after the bank lends money. The difference between the above two kinds of funds and the total house price shall also be deposited in the account designated by the insurer in one lump sum by the buyer before the bank loan.
settlement bytransfer of account
After the buyer and the seller pay the relevant taxes and go through the formalities for the transfer of the title deed, the mediator will assist the buyer and the seller to deliver the property, settle the property management fee and move out of the seller's account after the buyer and the seller confirm that the property is correct, give the key to the sold house to the buyer, and pay the house price to the seller, and the three parties will settle with the mediator; The brokerage company shall assist in handling the change of property rights; If the buyer needs a loan, the brokerage company will assist in handling it and provide phased guarantee.
On the day when the deed is transferred, the buyer and seller and their salesmen come to the real estate transaction management department of the residential area where the house is located to sign the sales contract. Buyers who choose one-time payment shall pay the remaining house price to the seller. Buyers who choose to buy second-hand houses with loans can't lend until the bank sees the sales contract. Many district and county real estate bureaus require paying taxes and fees on the day of signing the deed certificate, so buyers should pay land transfer fees, deed tax and stamp duty to the relevant departments of the real estate transaction management department. In addition, there are surveying and mapping fees, production fees and property registration fees. After the buyers pay the land transfer fee, they must also sign a land use right transfer contract at the Housing and Construction Bureau. Subsequently, the Housing and Construction Bureau will review the files of the house you bought, register the property rights, survey it, and make a new property right certificate.
Second, the second-hand housing transaction process
(1) Buyer consultation
The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.
(2) Sign a contract
The seller provides the legal certificate of the house, and the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign the house purchase contract (or house purchase contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
(3) the transfer of ownership
The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.
(4) contract
The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Now Beijing has cancelled the real estate sales contract during the transaction, which is also commonly known as the "white contract".
(5) Pay taxes and fees
The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.