Is it risky to give all three certificates to the intermediary?

Pay a deposit carefully when buying a second-hand house. Here is a case. The deposit is a guarantee provided by the buyer before signing the purchase contract. After paying the deposit, if the purchase contract cannot be signed, the buyer may face the risk that the deposit cannot be refunded. In real life, it is quite common that a school district with a good location is contested by several families who buy houses. In order to get the house you want, there are many cases where you pay more deposit to show your sincerity, but the hidden risks are also rising. Risk can be controlled by drawing up a down payment contract. Last month, Mr. Li took a fancy to a second-hand house in the city center. He is satisfied with the apartment type and orientation, and the price is moderate. However, when Mr. Li asked to see the property right certificate and let the owner cooperate with the Housing Authority to inquire about the property right information, the owner asked to pay the down payment before showing it. Mr. Li thinks it is a bit unreliable to pay the deposit without looking at the real estate license. He was afraid that after paying the deposit, there was something wrong with the property right and he could not refund the deposit. Later, he postponed the transaction and called the Housing Authority for consultation. It is understood that the seller has no reason to ask for a deposit before seeing the real estate license. If Mr. Li really likes the house and the seller doesn't cooperate, Mr. Li will control the legal risk by drafting a deposit contract with the owner. According to Article 115 of the Contract Law of People's Republic of China (PRC): "The parties may, in accordance with the provisions of the Guarantee Law of People's Republic of China (PRC), agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall double the deposit. " Both parties may stipulate in the contract that if the real estate information provided by the owner has authenticity problems or the property rights are unclear, such as mortgage guarantee, seizure and freezing, the owner will double the deposit. It is suggested that before signing a formal contract, both parties should check the property information of the house to see if there are any restrictions on transfer or unclear property rights such as mortgage, seizure and freezing, so as to avoid property rights disputes as much as possible. Handling mortgage and sealing up the available funds for supervision 20 12 Ms. Li, a citizen, took a fancy to a house in 58 cities and prepared to buy it as her daughter's wedding room. The total house price is/kloc-0.00 million yuan. 20 12 12 12 Ms. Li signed a transfer contract with the landlord. After signing the contract, Ms. Li immediately divided the house payment into two parts, and 600,000 yuan and 400,000 yuan were credited to the intermediary account. According to the contract, the intermediary paid 600,000 yuan to the landlord on February 4, 20 1265438. When Ms. Li went to the housing management department to transfer ownership, she realized that the house was sealed up by the court and could not be traded, but most of the house money had been paid, but the house could not be transferred. What is even more exasperating is that the original owner simply didn't want to show up again. It happened that it was not seized by the court when buying a house, nor was it seized when signing a contract, but it happened at the time of transfer, and the original landlord had already received more than half of the house payment. Under normal circumstances, if the buyer's house is sealed up by the court, it is impossible to sign a house transfer agreement. What I am most afraid of is that during the period from the signing of the contract to the transfer of ownership, the seller has a dispute with others, resulting in the seizure of the house. Before the transfer, Ms. Li should go to the information inquiry window of the west hall on the second floor of Jinan Housing Property Registration Center to inquire whether the house can be transferred, whether it is sealed up, mortgaged or frozen. If there is no such situation, the buyer and the seller agree to go to the Housing Authority to sign, pay taxes and transfer. If you are worried about risks, you can choose to avoid risks or reduce losses through fund supervision, and agree to pay the house payment to the landlord after the transfer of the house ownership certificate is completed, so that this will not happen. One of the four principles to prevent the risk of second-hand housing sales is to verify the identity of the landlord. The landlord of second-hand housing transactions must be the owner or quasi-owner of the house. For the buyer, who is the real landlord is directly related to the question of "who signs the contract, who pays and who bears the responsibility". The invalidation of the sales agreement or the occurrence of contract fraud cases are mostly directly related to the failure to verify the identity of the landlord in advance. The landlord can be verified by the following methods: ① If the seller claims to have the title certificate, verify the title certificate, and all registered owners (including * * * owners) are landlords. (2) If the seller claims that the title certificate has not been obtained, verify the house sales contract signed by the seller and the developer (or former seller), and the buyer of the contract is the landlord. (3) If the seller obtains real estate during the marriage relationship, both husband and wife are landlords, unless they have been divided according to law. (4) If the seller claims to sell the house on behalf of the landlord, it shall verify the scope, duration and authenticity of the power of attorney (the power of attorney shall be notarized or signed by the landlord on the spot). If the seller claims to be the agent of the minor landlord, it is necessary to verify the proof of guardianship between the seller and the landlord. ⑤ If the seller divorces or transfers the original house, it shall verify the authenticity and validity of the divorce agreement or court judgment. ⑥ When transferring the house inherited or donated by the seller, the seller shall verify the legality of the documents of inheritance or donation (documents generally need to be notarized). ⑦ When the seller transfers the self-purchased public houses, it shall verify the purchase agreement signed between the seller and the unit, and review the effectiveness of the original unit's ownership reservation. If the seller transfers the house obtained by auction, it shall examine the validity of the confirmation of auction transaction. Consulting collection 1. Can second-hand houses on collective land be bought and sold? A: Houses on collective land are only sold among villagers in the village. Non-villagers and urban residents are not allowed to buy houses on collective land. 2. Can the real estate license be marked as "house reform for sale in the military" for trading? A: No, at present, the military property cannot be listed and traded as ordinary second-hand houses. 3. Can the house that has been included in the scope of demolition and freezing be transferred? A: For houses that have been included in the scope of demolition, citizens need to verify the contents of the freezing documents for demolition to see if the sale and gift of real estate are restricted. If there are no restrictions, they can. If there are restrictions, you can't go through the transfer procedures. 4. Is it possible to sign online when the property is seized and mortgaged? A: No, the homeowner needs to cancel the loan and seal it up before the transaction. 5. Can minors buy commercial housing? A: At present, Jinan implements a purchase restriction policy. The purchase restriction is based on the family, and the family members include parents and minors. Therefore, families meet the purchase restriction policy, and minors can buy houses in their own names. However, the guardian is required to be present to go through the relevant formalities. (Next Notice: Specific Practice of Four Principles of Fund Supervision and Risk Prevention in Second-hand Housing Sales) (Reporter Zhang Xiaoli)