Houses auctioned according to law, that is, "property auctioned by the court", are houses auctioned by the court. When the debtor (owner) is unable to perform the loan contract or pay off the debt, the creditor applies to the court for compulsory execution through judicial procedures and auctions the house under the debtor's name to pay off the creditor's rights with the proceeds from the auction. The house being auctioned in this process is the auction house.
1. The house is used for commercial bank loan mortgage. After the lender defaults, the bank applies to the court for compulsory execution of paying debts with houses.
2. Private lending, the debtor mortgages the house. Because the debtor fails to repay the debt due, the creditor applies to the court for enforcement.
3. The real estate involved in judicial crimes will be realized through court auction after being sealed up, and the victims will be compensated.
4. Real estate confiscated by judicial organs in various criminal cases needs to be turned over to the state treasury by auction.
The ownerless property will be turned over to the state treasury through auction.
At present, auction houses are all conducted through online auctions. At present, the most important auction platforms of auction houses are JD.COM auction, Alibaba auction and China auction platform.
Second, the advantages and disadvantages of the auction house
Because many people are unfamiliar with the auction, and because of the influence of some related negative news, they think that the auction house can't be touched, so even if they know that the price of the auction house is far below the market price, they dare not participate. Then let's explain the advantages and disadvantages of French auction houses from a professional and easy-to-understand perspective.
Advantages:
1. Price: The starting price of auction houses is often much lower than the market price, because the purpose is liquidation initiated by the court. For example, a recent auction house in Shenzhen, the unit price in the same period last year was 6,543.8+0.2 million yuan/square meter, but this year it was only 6,543.8+0.0 million yuan/square meter, down 20,000 yuan per square meter, and the transaction price has not yet reached the guidance price. In addition, because the real estate was not sold at the evaluation price in the first auction, it was directly discounted at 20% in the second auction, so there was a lot of room for omission.
2. There are relatively many houses: take Shenzhen as an example. (August 24th) On Alibaba's auction platform, there are about 270 houses under way and about to start. These houses are distributed in various districts and communities in Shenzhen, with different huxing and location. Because many houses have flowed into the auction house market, most of their original householders are business people or some official figures, so their houses are of high quality, whether from the lot or the house itself, or even including degrees, so they often meet good houses.
3. Unlimited sources of house purchase: As auction houses in most cities are not limited to purchase (including first-and second-tier cities), people who are not qualified to buy houses may get the opportunity to buy houses through auction. However, it should be noted that in the future, some first-and second-tier cities will gradually shrink into the "loophole" of unlimited purchase of faster houses.
4. Commissions and taxes: no or less commissions from auction houses (equivalent to agency fees for second-hand houses). Please carefully check the rules of the auction platform. In fact, with the gradual improvement of the policy, it is clear that the buyer does not have to bear the taxes and fees of the seller at present, which is more reliable than that the seller often collects taxes and fees from the buyer in second-hand houses. Just note that the buyer may need to pay in advance and then apply for a refund in court.
Disadvantages:
1. Housing information is relatively complex, which needs careful investigation and confirmation: some houses may have some risks or difficulties in property rights, clearance and transfer due to their own particularity. Therefore, for those who want to buy a house, we must carefully check all the relevant information about the house that has been published on the platform and check it as far as possible. Need to know whether the property right of the house is clear, whether there is a lease relationship, whether the house is still occupied, whether the degree of the degree room has been occupied, and so on.
2. The problem of vacating the site: The main negative news of some auction houses and the problem that worries buyers are about vacating the site. Therefore, buyers need to confirm the risk of this problem from two aspects: first, they need to conduct on-the-spot house inspection and refer to relevant materials to confirm whether there is this problem; If there is no problem of vacating, if there is, it is best to confirm whether the responsibility for vacating and retiring in the auction announcement and instructions is entirely the responsibility of the court or whether both the court and the buyer are responsible. The former is less risky than the latter.
3. Is there a lease problem: Since the lease right will not disappear with the transaction of the house, the buyer must carefully confirm whether there is an unexpired lease for the house to be auctioned, so as not to be able to move in smoothly after the successful auction of the house, or to negotiate with the tenant to terminate the lease contract and possible compensation.
According to the transaction situation in the auction house market for so many years, except for a few people who encounter difficulties in moving in or obstacles in handling the transfer after the auction is successful, most auction houses can deliver houses normally. With the maturity of judicial auction in China, housing information has become more transparent. Except for the different purchase methods, there is no essential difference between other processes and procedures and buying second-hand houses.
Third, how to choose the method of shooting a house?
At present, there are three auction platforms designated by the court: JD.COM auction, Ali auction and Zhongpai platform. Among them, JD.COM and Ali are the two platforms with the largest scale, rich housing and perfect system functions. You only need to go to these three platforms to participate in the auction. It should be noted that the same property will only be auctioned on one of the platforms.
Other issues needing attention:
1. Basic information of the house. The information to be confirmed is the same as that of the second-hand house. In addition to auctioning publicity information, try to see the house on the spot.
2. Information related to the French auction. Whether there are tenants, whether the tenants are homeowners or tenants, whether they cooperate with the vacating, whether there are arrears in handling fees such as water and electricity properties, transfer taxes and fees, and whether there are commissions.
3. Market price. In principle, the evaluation price and the starting price will be set for the auction house. The evaluation price is usually evaluated according to the guidance price, which is much lower than the market price. The starting price is generally based on the evaluation price at the first auction. For example, if the auction fails, the second auction will generally start at no less than 80% of the evaluation price. If the auction fails again, the starting price may continue to be lowered, which is why auction houses often miss opportunities. But even so, before participating in the auction, it is necessary to investigate the past market transaction price of the same community and the past market transaction price of the surrounding communities, so as to set the psychological price and avoid impulsive price increases exceeding the market price.
4. Other defects of the house. For example, are there any major defects (quality problems/property rights problems)? Is this the only house? Owner's attitude? Does the court have the responsibility to vacate? These all need to communicate with the court or judicial auxiliary institutions.
Fourth, the auction house's guide to avoiding pits?
1. Think carefully and spend time and energy. Just like buying a second-hand house, as a property buyer, you must carefully check the relevant information and the intended house on the spot. The auction house has provided some listing information on the auction platform, which must be carefully checked. If you are unwilling to pay or have no extra time and energy, it is not recommended to participate in the auction, or entrust an intermediary agency to bid and handle the relevant procedures on your behalf.
2. Whether it is necessary to entrust an intermediary agency for bidding. Because the process and procedures of buying and selling houses are relatively complicated, many people are not familiar with the auction, so there are many intermediaries (auction companies and housing agencies). So do you need these institutions? There are two aspects to this:
First of all, even if you buy a second-hand house through a housing agency, it is essential to go to multiple agencies and communities to see the house in person, so this is equivalent to the process of screening houses on the auction platform and checking them on the spot.
Secondly, when you find one or more sets of your ideal intentional houses, you need to bid. This process is not complicated. In fact, in addition to staring at the auction process to raise the auction price, you can also set up a commissioned auction, that is, set your own target price. As long as it does not exceed this price, the system can automatically help you bid. As long as no one bids higher than you, you can shoot the house below the target price.
The last thing left is the preparation of some information and the related problems of housing construction and transfer. This process is a place where many people feel strange and troublesome, and it is also a place where intermediaries can be used. However, whether it is the whole process entrustment or part of the process entrustment, it is necessary to strictly review the contract content and commission ratio, keep independent thinking, and don't listen to the partiality, which will eventually cause controversy and unnecessary trouble.