First of all, before buying a house, buyers should first conduct a "feasibility study" and make plans in advance: budget the expenses of buying a house and determine the general location, type of house, whether it is a first-hand house or a second-hand house. Once the preliminary plan is done, you can start looking for a suitable house. Don't be too hasty when looking at the house. You should observe the house itself, the whole building and supporting facilities, and the surrounding environment, make clear whether it is necessary to pay management fees and fees, and then combine the traffic and parking conditions to calculate whether the "cost of living" here is within an affordable range. After some argumentation, I decided whether to buy or not.
Secondly, when deciding to buy and sign the subscription book and contract, we should carefully review the terms of the subscription book and contract and find out the possible "trap" in the contract, communicate with the developer or seller in time and modify the "trap" terms. However, to find the "trap" in the contract requires certain legal and professional knowledge, so to be on the safe side, it is best to ask a lawyer or other professionals to check the whole process of signing the house purchase contract. Now more and more people are aware of this. Although you need to pay legal fees or agency fees, you can avoid the situation of "saving small money and losing big money".
Third, we should carefully check and accept the house when we close it. At present, the usual practice for developers to hand over the property is to let the owners sign the repossession documents first, and then issue an approval form, so that the owners can go to the property management office to get the keys. When the owner entered the house, he found that there was a problem and the complaint was weak. In order to avoid this situation, the owner insists on going through the formalities before handing over the house, carefully checking all the parts and accessories in the house, and handing over the problems found in the house inspection process, such as the quality of the house, the excessive indoor harmful gas, unfair sharing, etc. Give it to the developer in writing and let it sign for it, so as not to leave future troubles. Or the words "the indoor situation is unclear" can be marked on the repossession document. There are also "residential quality guarantee", "residential instruction manual" and "completion acceptance record form" commonly known as "two books and one table" by developers.
The above points are mainly aimed at the points to pay attention to when buying a first-hand house, while when buying a second-hand house, there are three points besides some related problems mentioned above: 1, verify the status quo of property rights, see if the property rights relationship is clear, whether there are any disputes left over, and prevent one room from being sold for two; Review the integrity, authenticity and reliability of housing property rights, and pay attention to whether the owner's name on the property certificate is consistent with that of the seller, whether there is mortgage or * * * owner, etc. It is also necessary to find out whether the house to be purchased is a commercial house, a fund-raising house or an affordable housing. 2. Confirm the legal identity of the seller. When signing a sales contract, the identity certificate of the seller or the power of attorney of the seller's legal representative shall be checked. Property buyers can sign a sales contract directly with the seller, or they can sign a tripartite contract with the seller through a trusted real estate agent. 3. The necessary procedures cannot be simplified. After buying a house, the buyer should handle the house transfer formalities as soon as possible, get the real estate license, and urge the seller to move out of the account as soon as possible. If this step is omitted in order to save the transfer fees of related party transactions, there may be various disputes in the future, and the future troubles will be endless.
How to deal with the trap of buying a house?
At present, the complaints caused by the trap of buying commercial housing are mainly manifested in the following ten aspects: how false the advertisement is and the promise is not fulfilled; The deposit is a trap, and the debt becomes a creditor's right; Unequal status and irregular contract; Sell more in one room and sell fakes; The price is not true, and the price is increased; Area moisture is large, and can be added or subtracted at will; The design can be changed at will, and the function can be changed at will; Illegal development, difficult to register property rights; Quality is not guaranteed, and it is difficult to buy a house; Property charges are chaotic and services are neglected.
In order to avoid being cheated by buyers, this paper puts forward several concrete countermeasures to prevent traps:
First, we must have a strong sense of law. For property buyers, it is important to choose the location of the purchased house and reduce the price, but we think it is more important to be vigilant at all times. We should see that in the irregular real estate market, traps are everywhere. Therefore, it is very necessary to understand the relevant laws and regulations, consult professionals (especially professional lawyers), and understand the legal provisions 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 (salesmen) are in a strong position, and the information between them and buyers is extremely asymmetric. Developers (salespeople) bully the weak and fear the hard, and the phenomenon of bullying the weak emerges endlessly. To this end, consumers should maintain a correct attitude and not be afraid of power. When buying a house, they should make the problem clear and elaborate. If they have objections to the terms of the contract, the agreement is unclear and dissatisfied, they will resolutely not sign or buy. We must adhere to the principle of persistence and don't compromise casually, thus bringing endless troubles and huge economic losses to ourselves.
Third, we should sign the contract carefully and keep the evidence. In the process of buying a house, don't trust the sweet words of 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.
Finally, we should learn to rely on professionals and take up legal weapons to safeguard rights. Housing sale is different from general consumption, involving engineering, quality, contract, property management and other fields, and the relevant laws and regulations are complex. Even after many investigations, it is generally difficult for buyers to find out the crux of the problem through personal efforts. Therefore, if something bad happens to you, or you have a premonition that risks may come, in order to effectively safeguard your legitimate rights and interests, you should get in touch with professionals, legal persons, intermediaries and rights protection organizations in this field in time and seek help.
Hiring a lawyer to help buy a house has the following advantages:
1. Learn about the house and the developer.
The background of some real estate projects is complicated, for example, there is no necessary warrant procedure, and some projects are in arrears and sold in debt. Lawyers are professionally trained and know the relevant laws and regulations, so they can find problems more accurately and know the inside story.
2. Negotiate and determine a supplementary agreement to safeguard the legitimate rights and interests of consumers.
How to implement the developer's publicity or commitment in the contract? How many practical problems did the purchase contract reflect? With the help of lawyers, major issues can be reflected in writing, thus establishing a legal basis.
3. Eliminate distrust factors and facilitate the purchase process.
In fact, many developers are trying to operate legally at present, but due to the lack of social integrity, the truth told by salespeople is often doubted by consumers. Under this distrust, it is easy to have troubles or disputes. Lawyers can objectively analyze and introduce relevant information according to law from a fair perspective, so as to reduce the troubles and cost increase caused by distrust factors to property buyers.
Self-assessment before preparation
(A) the price budget of buying a house
"What kind of house do you need to buy" is a question that buyers need to find the answer before buying a house.
How to make the most reasonable investment within the price range you can afford needs to consider many factors, such as monthly income, expected repayment ability, loan method, bank interest rate, appreciation potential of lots and so on. Of course, it is best to listen to experts' suggestions and look at hundreds of kinds of gossip, and consider them from the following two aspects according to their own characteristics:
Preparation of house purchase funds: You should first estimate your actual house purchase ability according to your family savings, various loan lines available and other sources of funds. If you are in mortgage to buy a house, you must carefully consider the raising and delivery ratio of the down payment, which is generally 30% of the house payment. Young buyers may get 20% permission, and those who can afford it can pay more. However, you need to be very careful about the "zero down payment" and "1000 yuan occupancy" offered by some real estates, because in the first few years, you have to bear the bank mortgage and the down payment paid by the developer at the same time, which is prone to overburdening and default, which will make the buyers feel pressure and cause unnecessary losses. Moreover, the monthly payment should generally not exceed 1/3 of the family's monthly income, so as not to affect the normal living expenses of the family.
(The above answers were published on 20 16-03-02. Please refer to the current actual purchase policy. )
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