What factors should be considered when buying a second-hand house?
Consult the relevant real estate departments to keep abreast of the latest information such as procedures, fees and procedures.
Determine the source of funds. Whether it is own funds, borrowing from others, or applying for loans from banks.
Price and area. According to their own funds, decide the location and area of the house they may buy.
Traffic conditions. Choosing a good residence is equivalent to saving time and money on transportation in the future.
House price. Judge the value of the house through repeated comparisons; Entrust a trustworthy intermediary company or evaluation firm to conduct evaluation; Banks will evaluate mortgage loans when they provide them.
Confirm the housing area. Including building area and usable area. The building area is generally indicated on the real estate license. The safest way is to measure the area of every corner of the house.
Observe the internal structure of the house. Whether the apartment type is reasonable and whether there are any shortcomings that are particularly unsuitable for living; Whether there are too many pipelines and unreasonable wiring; Whether there are signs of water seepage in the ceiling; Whether the wall has obvious problems such as bursting and peeling.
Understand the decoration situation. Whether the original house has been renovated, and the level and degree of renovation; Understand the internal structure diagram of the house, including the pipeline direction and the location of the load-bearing wall, so as to redecorate.
The history of the old house. What year was it built and how long is the land use period? Whether the fees of the property management company and the fees of water, electricity and coal are owed.
Property management. How to charge for water, electricity and coal; Brand, speed and management mode of elevator; What is the security level of the community? How about the greening work; What services does the property management company provide?
Property rights. Pay attention to whether the owner and the seller on the property right certificate are the same person, and check the authenticity of the property right certificate with the real estate resources bureau to confirm the integrity of the property right, whether there is a mortgage, whether there is someone, etc.
Choose an intermediary. A reliable intermediary should provide a valid business license, the name, license number and photos of the broker, and clarify the business scope of the brokerage institution.
Buying a second-hand house, looking at the house and choosing a house is "ten to ten"
How to choose a good house that suits you is a common concern of the majority of property buyers. Under normal circumstances, before buying a house, everyone will make a field trip to avoid regretting buying a defective house.
If you don't look at the house during the day and look at the house at night, you can check whether the property management in the community is safe, whether there are regular patrols, whether the safety precautions are comprehensive, and whether there is noise interference from vendors. These situations can't be seen during the day, and the most accurate information can only be obtained at night.
No matter what kind of decoration the owner has done to the house before, he can't escape the "invasion" of rain. At this time, it is clear at a glance whether there are cracks, water leakage and water seepage in the walls, corners and ceilings of the house. In particular, pay special attention to the floor near the balcony and bathroom to see if there is moisture and mildew.
When buying a second-hand house without looking at building materials, it is best to look at the house, because the empty house is not covered by furniture, appliances and other things, and you can clearly see the pattern of the whole house. The most ideal pattern is to open the door to enter the living room first, then the dining room, kitchen, bathroom and bedroom. If the door of the living room directly faces the bedroom, the privacy is poor. It is best to effectively distinguish various functional areas, such as banquet function and rest function.
It is helpful to know whether there is water seepage by looking at the corner instead of the wall to see whether the wall is flat, wet and cracked. Corners are more important than walls. The angle bears the structural forces of up, down, left and right. When an earthquake occurs, the bearing capacity of the corner is the key. For example, when there are serious cracks in the corner, there will be water leakage at any time.
Looking at the decoration without looking at the decoration with good workmanship will make people shine. Sometimes clever decoration can cover up problems such as cracked corners, mildew and water leakage. Therefore, we must pay attention to the workmanship, especially whether the edging process of corners, windowsills and ceilings is meticulous, which is often overlooked. If there is a problem, it is very troublesome to repair these small places. Picking out these small problems can increase the bargaining chip with the owner.
Look out of the window, not at the curtains. Pay attention to whether the house is well ventilated, damp and moldy, and whether the lighting is good. Check whether the windows of the house are facing the exhaust holes of other houses.
Look at hot water instead of cold water. If you want to know whether the water pipe leaks, you can see if there is scale around the water pipe. When checking the bathtub, first turn on the tap to see if the running water is smooth, and then drain it after it is full to see if the drainage system is normal. If there is no hot water supply at home, there are generally two situations. One is that no one has lived in it for a long time, and the other is that it may have been sold for a long time.
Look at the stairs instead of the elevator. Many second-hand new houses in urban areas are mostly elevators. The function of elevator is important, but the stairs can't be ignored. Daily life is also very important, depending on whether there is any deposit at home and whether the fire escape is unobstructed.
Look at the sky instead of the ground. In addition to looking at the floor of the living room, the tiles in the bathroom and kitchen, we should also look at the lighting route, see if there are water stains on the ceiling, or if the paint color is uneven. If there is, there may be water leakage. If possible, you might as well take a screwdriver, remove the lamp, and use a flashlight to see if there is paint leakage at the four corners of the ceiling.
You don't need to see the owner, you can chat with the community administrator or the doorman, because they are the people who know the basic situation of the community best. Sometimes they can even tell the buyers about the house more objectively and accurately than the owners, and get the information they need from them. Sometimes they can become the decisive factor in buying a house.
Second, the buyer conducts property right investigation.
Determination method of second-hand house property right
In the process of second-hand housing transaction, there are often disputes caused by unclear property rights, so how to understand the property rights? Only through the housing management department and the understanding of the identity of the seller can the buyer obtain real information. The following will introduce the property rights and procedures of investigating "second-hand houses".
In order to understand the property right of the house, the first step for the buyer is to ask the seller to provide legal documents, including property right certificate, identity certificate, qualification certificate and other documents. The title certificate refers to the Property Ownership Certificate and the Land Use Right Certificate; Identity documents refer to identity cards, work permits and household registration books; Qualification certificate refers to checking the subject qualification of both parties to the transaction. For example: commercial housing sales should check the seller's housing development and operation qualification certificate; The agent shall check whether the power of attorney is valid; * * * There is a house for sale, and other * * * consent certificates are needed. Other documents refer to: lease the property, and check the agreement or proof that the lessee waives the preemptive right; * * * If there is any real estate, you need to check the agreement or proof that * * * someone gave up the preemptive right; Winning property, to check the winning notice and the corresponding certificate.
The second step is to inquire about the property right source of the purchased property from the relevant property management department. The specific inspection method is: check the property rights records. Include: 1. Who is the owner? If it is owned by * * *, we should pay attention to the proportion of property rights and the ownership form of each * * *; 2. Document number, that is, the document number of the transaction. If the inquirer wants to get the whole document, he can use this number to get a copy of the document from the relevant parties; 3. Registration date, that is, the signing date of the transaction; 4. Transaction price, that is, the transaction transaction price. Inquirers should note that if the transaction price is marked as "partial transaction price", it means that the transaction price includes not only houses, but also other real estate products; 5. Other contents, such as the floor plan of the house.
The third step is to check whether the house has a debt burden. Housing property records only register the authenticity of the owner's property rights and the original transaction facts. As for the debts and liabilities arising from the housing operation, you must check the relevant supporting documents. Including: mortgage contract, lease, etc. , but also to learn more about the loan amount and repayment amount, interest and rent amount, so as to have a deeper understanding of the property. In addition, buyers also need to know whether the house is mortgaged and whether the house is sealed up by the court.
Finally, it is necessary to remind property buyers that when buying second-hand houses, it is especially necessary to find out whether the source of the purchased houses belongs to the houses sold through housing reform. Because in accordance with the relevant provisions of the housing reform, the housing purchased by urban workers at the standard price or cost price shall not be listed and traded within 5 years after purchase; Five years later, if the house is sold, the original property unit also has the preemptive right. If you buy such a house, there may be problems.
In a word, if buyers want to know the real situation of housing property rights, they should not only ask the seller for all property rights certificates and read them carefully, but also go to the housing management department to inquire about the property rights records of the property. Only by comparing the two can they clearly know all the details of the property rights of the house and not miss anything.
What do you think of real estate license?
Learning to read the real estate license is a compulsory course for second-hand housing transactions.
The most common versions of real estate warrants are yellow version and green version. After-sale public houses and commercial houses are merged, and the two versions of the title certificate have the same effect.
The first page of Shanghai real estate certificate is the title page; The second page consists of the following contents: (1) the Chinese and English characters of Shanghai property ownership certificate, (2) the number of the property ownership certificate, which is generally composed of the contents of "Shanghai Real Estate (administrative district abbreviation) (year)}", reflecting the location of the house and the issuing time, (3) barcode verification, and (4) the registration date, which is generally the approval time for handling the property ownership certificate. The third page is the explanation of Shanghai Housing and Land Resources Administration on the real estate certificate, which proves that it is the real estate title certificate on state-owned land and is stamped with the official seal of the Municipal Bureau. The fourth and fifth pages are the most important rights record pages, which record the obligee, the location of the house, the land status and the house status. Among them, the most important ones are: the obligee, that is, the owner of the house, generally has only one real estate obligee in the earlier green property right certificate, and most other obligees are listed as * * * owners, while the new property right certificate records all the house owners among the obligees; The location of the house generally records the road name, lane number and building (building) number where the house is located; Land status records the basic situation of land occupied by houses, including land use source, use (residential, non-residential, comprehensive) and service life; The house condition records the basic information of the house, such as the house number, location, building area, type, use, structure and completion date. This page is stamped with the official seal of the local real estate registration department for confirmation. It is particularly noteworthy that the transaction tax of single independent villa is basically the same as that of non-residence, with 3% deed tax, 5% comprehensive tax or corresponding value-added tax. Generally, it is necessary to identify a single independent villa by combining the house type and the cadastral map on page 6. Although the house type is indicated as a garden house or villa, in the cadastral map, the house is not single and independent, and it is not recognized as a single and independent villa, so the tax should be paid according to the ordinary house when trading. Pages 7 and 8 are cadastral (parcel) maps and house plans. Please pay attention to whether these two pages have the riding seal of the local real estate registration agency.
The meaning of three colors, four types and different colors of property right certificate
According to the Regulations on the Registration of Real Estate, which came into effect on March 1996, Shanghai has implemented a system of registration and certification of land use rights and house ownership, and issued a unified title certificate to real estate owners. Real estate warrants are divided into three colors and four types.
The real estate license is divided into green, red and Huang San, which is the need for the real estate authorities to allocate and manage different real estate rights and interests. Green, red and yellow certificates have different real estate rights respectively.
Green right: issued to the owner of the land use right that has been sold or transferred, and the real estate recorded in this certificate can directly enter the real estate market.
Fill in the green card under the following circumstances:
1: the land use right is obtained by means of transfer;
2. Export commercial housing:
3. Garden houses that have paid the transfer fee for land use rights;
4. Remittance commercial housing with land use right transfer fee paid.
In the following cases, you should fill in a green card and indicate "domestic housing only":
1: Six types of domestic land for which the leasing fee for land use rights has been paid;
2. Co-constructing and participating in the construction of commercial housing with paid land use right transfer fee;
3. Foreign domestic housing;
4:1domestic commercial housing that was established before April 30, 1994 and obtained the floor plan of commercial housing, and obtained the land use certificate before June1994+February 3 1.
The property recorded by the red card cannot enter the real estate market. Fill in the red card in the following cases:
1: Apply for registration of collectively owned non-agricultural land;
2. Apply for the registration of houses owned by units and individuals on collective land.
Yellow certificate: issued to the owner of real estate on other plots outside the above land use conditions. The real estate recorded in this certificate can only enter the real estate market after going through the relevant procedures such as land transfer payment according to regulations. Fill in yellowcard in the following cases:
1: The land use right is obtained by requisition and allocation;
2. Houses of units and individuals on requisitioned and allocated land;
3. Houses sold by public houses;
4. Affordable housing and preferential housing purchased by employees;
5. compensation for the house.
In addition, there is a brown property right certificate in the market now, which is a kind of property right certificate used before the issuance of green certificate, yellow certificate and red certificate, and it was the property ownership certificate issued by the real estate administration at that time when the house was separated from the land. This card has been discontinued since March 1996.
According to the latest regulations, all yellow certificates will be changed to green certificates.
Houses with the right to use will not be directly listed and traded.
3. The buyer and the seller discuss the house price, payment method and liability for breach of contract, and the buyer pays the down payment.
Buy a second-hand house, bargain and prepare skillfully.
First, determine the highest house price you can afford. There will also be a psychological price when the last home is listed for sale. So the listing price is often higher than the psychological price of the family. If the next family inadvertently shows great interest in this property through language and expression in the process of looking at the house, the last family will often seize this point to pursue victory and bite the price and not relax.
Secondly, find out the details and mentality of the family. Find out where the proceeds from the last house sale will be used. If the last family is eager to sell the house for cash, or the last family must sell the house within a few days, the closer it is to the deadline for selling the house, the more eager it is to sell the house. Bargaining at this time will be very conducive to bargaining at home. Otherwise, the price will be difficult to talk about.
Finally, pay attention to collect more real estate information to be negotiated. Before the negotiation, the next family can make an on-the-spot investigation to learn more about the building quality and decoration of the property, whether the transportation, property management and supporting facilities of the community are complete, and whether there are deficiencies or defects in the design or planning of the house. When the price is formally discussed with the last family, the next family can lose no time to show the shortcomings of the property to the last family. This move makes your family understand that you have made the best preparation for this, and you can only stay if he gives up many points.
Four steps to ensure the effective establishment of deposit contract under the sale of second-hand houses
1. Ask the intermediary company to show its entrustment agreement with the previous company on listing the house for sale. The agreement should include the basic information of the house, the house price, the entrustment period and the contents of entrusting the intermediary company to collect the down payment.
Second, sign a written intermediary agreement with the intermediary company. The agreement should at least include the basic information of the house, the house price, the storage period and the handling method of the deposit, and must be stamped with the seal of the intermediary company.
Thirdly, after signing the intermediary agreement with the intermediary company and before actually paying the deposit, the buyer should also ask the intermediary company to issue a power of attorney and entrust the intermediary to collect the deposit.
Four, after receiving the power of attorney, the intermediary company shall require it to issue a deposit receipt when paying the deposit. The receipt can not only be signed by the agent of the intermediary company, but must be stamped with the seal of the intermediary company.
Pay the deposit according to the above four steps, and the deposit contract between the next home and the last home can be effectively established. Once the last family does not agree to sell the house, the next family can ask for a double deposit.
Four, the buyer and the seller signed a real estate sales contract.
Seven elements of signing a second-hand house sales contract
1. The real identity of the owner must be confirmed. 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 more attention from customers.
2. It is necessary to clarify the liabilities of both parties for breach of contract. Because the real estate transaction is complex and the amount is large, sometimes there will be unexpected situations, which will lead to default. In order to avoid the phenomenon of wrangling in the future, it is necessary to clearly write down the responsibilities and rights of both parties and the amount and time of payment of liquidated damages when signing the contract, and follow the principle of equality of responsibilities and rights of both parties. At present, most of the second-hand housing sales contracts have clear provisions on the proportion of liquidated damages, 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 the specified period 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. Payment transfer time must be indicated. In practice, the buyer will divide the house payment into two parts: the down payment and the final payment, and call the owner in different periods. 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. In case of overdue, the breaching party shall perform the liability for breach of contract in Paragraph 2 according to the actual situation.
4. Need to indicate the delivery time of the fee. 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 clear handover time is the key to 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.
5. There must be a detailed list of agency fees. With the continuous improvement of the intermediary market, consumers gradually realize that a reputable brokerage company can effectively protect the rights and interests of buyers and sellers. The proportion of second-hand houses traded through brokerage companies is increasing year by year, and the number in 2004 has more than doubled compared with that in 2003. Therefore, the agency fees of brokerage companies are paid more and more attention by consumers. However, there is a problem in the current market, that is, the agency fees charged by brokers are not clear. In the contract, only the proportion of the agency fee to the total house payment is written, and there is no detailed list, which will lead to unequal information and ultimately harm the interests of consumers. Therefore, when signing a contract, buyers and sellers must ask the brokerage company to clearly explain the purpose of the agency fee.
6. The buyer must see the owner. Now some brokerage companies have "acquisition" business, so there is an illegal operation of "multi-room sale", that is, brokerage companies are collecting money. After the gold, I will show other clients the house, and I will sell it to the highest bidder, even if I break the contract with the first client. The reason is often that the landlord 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. To this end, remind consumers that if you can exercise your right at this time and ask to meet the owner for face-to-face verification, you 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 additional terms after the relevant terms of the contract or in the blank line after the contract, and write down the meaning of both parties in the contract, which will reduce the inconvenience and trouble caused by ambiguous meaning in the subsequent stage.
How to sign a second-hand house sales contract
In the second-hand housing transaction, many buyers often only consider the value of the real estate, ignoring the possible problems in the transaction, and know little about how to sign the real estate sales contract. In fact, the second-hand housing sales contract needs special attention before and when it is signed.
Before signing
Property buyers must have a more comprehensive understanding of the seller.
1. Check the ID of the property owner.
2. Is there one or several property owners on the property right certificate? If there are several * * *, do you agree with them all?
When selling a property, someone must agree to all the property rights of the house. When signing a real estate sales contract, all of them should be present. If it is impossible to be present under special circumstances, a notarized power of attorney and an agent's identity certificate shall be issued, which shall be signed by the entrusted agent.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.