1. See the samples on site.
? The subject matter of real estate is subject to the actual situation (including but not limited to geographical location, housing structure and ancillary facilities, actual use of the house, decoration, surrounding facilities, property services, water and electricity, living environment, etc.). Please be sure to see the samples on the spot and learn more. If you don't go into the house to see the samples on the spot, please take the rough as the status quo.
You can also look at the website of whale auction house legal auction service company and collect all auction houses. It is very convenient to publicize all the risks.
2. The problem of occupying and vacating houses according to law (key)
For properties where people live or put things, bidders need to confirm whether there are obstacles to vacate. If the disposal agency is not responsible for vacating the house, it needs to find a way to deal with it.
Real case:
The announcement of a real estate target reads "inhabited", and the bidder does not know the situation of vacating in advance. The bidder took the property on February 20 16, 16. After completing the transfer formalities according to the procedures, it was found that the original owner refused to move out and his attitude was outrageous. By June of 20 18, he was still waiting for the court to vacate and the house could not be used normally.
Case 1: After the auction, the buyer Li appealed to the executor Jun and Rong to vacate the house immediately. The court of first instance held that the auction ruling confirmed that the house was owned by the buyer and the buyer had obtained the real estate license; The person subjected to execution still lives in the house involved, which infringes the ownership of the buyer; Therefore, the judgment supports the buyer's request to vacate the house. The court of second instance held that the auction announcement of the house involved stated: "The plot is auctioned according to the status quo, and issues such as vacating, moving out, receiving or subsequent property registration of the house are solved by the buyer himself, and the court is not responsible for the delivery of the subject matter", that is, "auction according to the status quo". When bidding, the buyer knew that the court was not responsible for vacating the house and should bear the corresponding consequences, so he decided not to support the buyer's request for vacating the house for the time being. [See Guangdong Intermediate People's Court (20 18) Guangdong 0 1 MinzhongdiNo. 17779 and Ali's website of the house involved]
Case 2: After the auction, the buyer Liu appealed to the executor Li to vacate the house immediately. The court of first instance held that Li had not been handed over so far, and according to Article 30 of the Auction Regulations, it should be enforced by the enforcement court, so it ruled to dismiss the prosecution. Liu appealed that he had communicated with the executive court for more than a year; However, the enforcement court believes that it has transferred the property involved to Liu's name according to the contents of the auction transaction ruling, and the execution has been completed. Asking Li to move out of the house is not the content of the auction ruling. Liu should request Li Teng to return the house again in accordance with the provisions of the Property Law and the Civil Procedure Law. The court of second instance held that Article 30 of the Auction Regulations "clarified the execution procedure for the execution court to transfer or enforce the auctioned property", and the property involved should be handed over to Liu by the original execution court in accordance with relevant regulations. This case does not fall within the scope of acceptance of civil cases, so the appeal is ruled to be rejected. [See Shandong Tai 'an Intermediate People's Court (20 17) Lu 09 Minzhong No.614]
3. The problem of renting a house according to law.
If the house has a lease, the lease will not be terminated naturally after the transfer. If the house has a valid lease, the lease relationship will not be naturally terminated after the transfer. Bidders need to confirm the handling method of the lease relationship in advance. If it is necessary to cancel the effective lease or change the lease conditions, etc. Bidders need to confirm whether there are obstacles and whether they need to bear additional expenses. ?
According to the property law and other laws and regulations, if the lease is first and then mortgaged, the original lease contract will still be valid after the auction. And some people who maliciously evade debts will sign lease contracts for a long time, even 10 or 20 years. So if you auction this house with a lease contract, you can't move in because of the existence of the lessee after buying it. What's more, some people say that there is no lease at first, and then a lease contract suddenly appears after your auction or someone suddenly lives in it and refuses to vacate, which is very troublesome.
Real case:
According to the announcement of a real estate target, the lease term of the house is 19. The bidders didn't read the announcement carefully before taking pictures. After taking the photo, he found that the lease contract could not be terminated when going through the formalities, but the bidder could only give up the target and lose all the deposit.
4. Taxes and fees for auctioning houses according to law
The property transfer tax may vary greatly depending on the purpose of the house (residential or non-residential, etc.). ), the identity of the buyer and the seller (individual or enterprise), the housing area, the number of properties owned by the buyer, the housing transaction period, the local real estate policy, etc. Please confirm the tax amount and the undertaker in advance. In addition to taxes, there may be unpaid property, water, electricity, heating and other expenses in the property. Bidders need to know who will bear these expenses and verify them one by one.
The court clearly informed that all property fees, utilities, taxes and arrears were paid by the buyer. In order to avoid hidden costs such as sky-high transfer tax, it is necessary to investigate clearly in advance, list the details, and then make a comprehensive analysis of the house price.
5. Find out the property.
Before buying an auction house, buyers should check the real estate of the auction house, including the service life of the house, whether they can apply for real estate license and the nature of land transfer. If the real estate land is allocated, it cannot be transferred normally, such as affordable housing. According to local policies, the transfer may require additional government approval and additional payment of land transfer fees. ?
Real case:
The disposal agency said in the explanation that the nature of the land was allocated, but the bidder did not find it and did not understand it. When the land was transferred by photo, it was found that the land was allocated and could not be transferred. If it is necessary to transfer, you need to apply for government approval, pay the land transfer fee, and finally the customer chooses to give up the deposit.
6. The auction house's purchase restriction.
In cities with limited purchase policies, if bidders do not meet the requirements of the purchase restriction policy, they may not be able to transfer their ownership.
At present, even if some cities have a limited purchase policy, they are not affected by the purchase restriction policy through judicial auction.
Real case:
The party concerned is from Shanxi. He bought a property in Hainan through judicial auction, thinking of investing it. After buying it, I found that I could not handle the transfer because of the purchase restriction, so I had no choice but to give up the deposit.
7. Solve the mortgage problem by auction house.
In some cities, real estate cannot be transferred unless the mortgage is released. Please verify the process of mortgage release and transfer in advance.
8. Legal issues of housing loans.
Loan execution: in principle, loans are not allowed at auction houses. We are qualified to make normal commercial loans in the four major banks and formal commercial banks through third-party guarantee companies. This process is more complicated, which requires us to make full preparations in advance and conduct face-to-face interviews with many banks to ensure the approval.
9. The problem of going through the formalities according to law (key points)
Buying a house by auction does not require the online signing and the original owner to cooperate with the transfer. You only need to take the relevant materials issued by the court to transfer the ownership. However, after many houses are auctioned by auction, bidders can't get the relevant documents and can't get through the housing. If you buy in advance, you will be in trouble. Many friends who have just learned about the auction house 1-2 years think that it is actually very simple to handle the house book without any risk, then you are all wet. There are many risks in the execution of auction houses, which cannot be predicted and avoided in advance. If the execution risk is solved, it will take at least half a year and at most one year. . . .
I hope it helps you! ! !