Matters needing attention in the second-hand house sales contract 1. Choose a guaranteed intermediary.
To buy a second-hand house through an intermediary company, you must first sign a real estate brokerage contract with the intermediary company, and then sign a real estate sales contract with the original owner when the property right transaction is about to take shape. Before signing a real estate brokerage contract, we must verify the authenticity and legitimacy of the intermediary company.
It is necessary to carefully understand whether the selected intermediary company has a business license, whether it is filed in the housing management department, and whether it has obtained the registration certificate of the real estate brokerage institution; It is necessary to verify the power of attorney of the original owner with the intermediary and confirm that the intermediary is the legal agent of the original owner to avoid fraud.
In addition, try to choose a powerful and reputable intermediary company.
2. Write down the subject of the tripartite contract.
Before signing the second-hand housing sales contract, the buyer and the seller must first confirm the authenticity of the signing subject, mainly to verify the authenticity of the seller's subject qualification. The authenticity of the qualification of the signing subject is the premise of the establishment of a real estate sales contract, especially when the buyer and the seller conduct their own transactions without the guarantee of a third-party intermediary, this problem needs to attract the attention of customers. If there is a problem with the authenticity of the seller's signing subject, it may be cheated or a future trouble.
Step 3 indicate the time
When determining and defining the delivery time of purchased second-hand houses and ancillary facilities, we should also pay attention to determining and delineating the time to bear the expenses of writing, electricity, gas, heating and property. Second-hand housing handover time and cost demarcation time are one of the boundaries of responsibility division. If it is not clearly defined, it may cause trouble or even disputes in the future. For the down payment and the final payment, the real estate sales contract will generally stipulate that the buyer will deliver it to the original owner in different periods.
To this end, the contract must specify the specific time limit for down payment, property right transfer and final payment. The delivery period of the final payment depends on the transfer period of the property, so the transfer period and transfer procedures must be determined in advance and clearly written in the contract. It is worth mentioning that some real estate agents will still take other customers to see the house after receiving the down payment or even the down payment from customers, and whoever bids high will sell the house to them, so they will not hesitate to break the contract with their previous customers. This is an illegal operation of selling more than one room.
4. Clear responsibilities
The transaction process of real estate is complex and the amount is large, and sometimes there will be accidents and defaults. In order to avoid the difficulty in solving disputes in the future, it is necessary to clarify the liability for breach of contract and the amount of compensation when signing the second-hand housing sales contract. The breach of contract clause is an important clause in the sales contract, which plays a proper supervisory role to some extent. At the same time, it is also a means of liberation.
5. Does the house have legal property rights and land use rights?
Legal proof of property right and land use right is the premise of legal and effective second-hand housing sale. This is the key point in the second-hand housing purchase contract, which deserves everyone's attention. In real life, fraudulent use of fake real estate licenses has occurred from time to time. Identifying the authenticity of the real estate license plays an extremely important role in the legitimate interests of both parties to the housing transaction. The insurance method to identify the authenticity of the house property right certificate is to go to the relevant department for verification.
6. Verify whether the property is mortgaged, leased or sealed up by judicial organs.
If the house has been leased, the seller shall provide the written opinion that the lessee agrees to sell and gives up the preemptive right; If the house has been mortgaged, it shall notify the mortgagee to determine a feasible scheme for canceling the mortgage; If the house is seized by the judicial authorities, you should consider giving up the purchase or negotiating with the judicial authorities and the parties to the case (it is difficult for non-professionals to grasp). Many people ignore these matters that should be paid attention to when signing the second-hand housing sales contract.
7. Understand the relevant taxes and fees.
There are many and complicated tax regulations for the sale of second-hand houses, and the accumulated amount of tax is relatively large, so it is very necessary to estimate the tax burden. According to national regulations, the buyer should bear deed tax and stamp duty, and the seller should bear business tax, urban construction tax, surcharge and personal income tax under certain conditions. According to the nature of buying and selling houses and the actual situation in various places, land tax, property tax, handling fee, transaction management fee and other taxes and fees may also occur.
In addition, factors such as the nature, size, use and registration time of property rights may also change the tax rate of deed tax. According to the actual situation of the house to be traded, the buyer and the seller can specifically know the tax items and tax rates from legal professionals or relevant departments.
What are the precautions in the second-hand housing sales contract?
One of the precautions: verify the identity of the seller and choose a reliable intermediary.
Verify the identity of the seller. If it is an individual, look at his ID card; If you choose an intermediary, you should choose a formal real estate agent with a certain degree of credibility as the supervisor of both parties' funds and housing delivery in the second-hand housing transaction, so as to ensure the smooth transfer after the payment, and the house and money will be liquidated after the transfer. When necessary, you can consult the "two certificates" that intermediaries should have, one is the business license issued by the industrial and commercial department, and the other is the intermediary agent qualification certificate issued by the Housing and Land Administration Bureau, which is the premise of matters needing attention in purchasing second-hand houses.
Note 2: Confirmation of property rights.
Go to the Housing Authority to check the seller's real estate license. View:
1. Whether the owner on the property certificate is the same as the seller, check whether the name in the seller's ID card or industrial and commercial file is consistent with the owner of the house on the property certificate. There are no mistakes in principle.
2. Whether the area confirmed by the property certificate is inconsistent with the actual area.
3. See if the house has an owner. If the house is owned by more than one person, the seller shall provide the identity certificate of the owner and a written document agreeing to sell the house. If the husband and wife have property, whether to obtain the written consent of the seller's spouse; If the house has been leased, the seller shall provide the written opinion of the lessee agreeing to sell it; If the house has been mortgaged, the seller must provide the mortgagee with a written document agreeing to sell the house. Don't ignore these precautions when buying second-hand houses.
Note 3: Verify whether the house is allowed to buy or sell.
Never buy a house in the following situations:
1. Houses that have been included in the demolition announcement or requisitioned by the state.
(2) Houses sealed up by people's courts or administrative organs according to law.
3. Houses with illegal or illegal construction.
In addition, if the purchased house is a public house, the seller shall provide the approval of the government department for its listing transaction; Because the original unit of public housing generally reserves the preemptive right to public housing, the seller shall be required to provide the written opinion that the unit waives the preemptive right; In addition, the public houses of troops, hospitals and schools, due to their particularity, may not be sold without the consent of the unit, and must be sealed by the original unit before they can be sold.
If the house is privately built, it is also very troublesome, so check whether there are platforms and corridors occupying the roof; Or whether there is a small attic in the house; Whether to change the internal and external structure of the house, such as changing the balcony into a bedroom or kitchen, and dividing one room into two rooms. Only by following the precautions for buying second-hand houses can we further sign the contract.
Note 4: Key commitments should be embodied in the contract.
In the process of signing the contract, it should be noted that any key agreement on the transaction or any promise of the seller should be reflected in the contract and cannot be replaced by oral agreement, because once a dispute occurs, the oral agreement cannot be proved.
The essential clauses of the contract mainly include: housing area and ancillary facilities, price and payment method, land use period, housing delivery period, liability for breach of contract, etc.
Property buyers should pay attention to the "housing delivery period" when signing the housing sales contract. In fact, in the previous housing sales process, disputes often arise because there is no agreed delivery time in the contract. For example, at the appointed time, the seller can't deliver the house to the buyer because of lease or other reasons, and the buyer can only eat "dumb loss" because he doesn't make relevant explanations in the contract, so this is a matter that needs attention when buying second-hand houses.
In the process of signing the contract, it is necessary to indicate when and how the seller will deliver the house to the buyer, what compensation the buyer will get if the house cannot be delivered on time, and whether the house is still rented.
Note 5: Pay attention to the payment method and time.
When making payment, the buyer should try to pay by leaving a transfer voucher in the bank, which can increase the purchase payment voucher.
In general, at the time of agreement, the buyer can take about 10% of the total house price as the condition of re-payment when handing over the house, and bind the seller to hand over the house according to the terms; You can also ask the owner to move out and pay the purchase price after handing over the house.
Note 6: Be careful about the handover of house payment and property right.
Don't trust each other's reputation casually. It is an important question whether to pay first and then transfer or transfer first and then pay. You can consider putting the house payment in a unit that both parties can trust, such as a law firm or a reputable intermediary agency, and then transfer the house payment to the seller's account after the transfer is completed.
Note 7: Ensure the smooth transfer of property rights
The local housing and land administration can only handle the transfer formalities after completing the property rights. There are agencies, lawyers, notarized guarantees, etc. Not a complete transaction process; From the perspective of buying a house, this suite must really belong to you after the end of property rights. Before this, the seller can break the contract at any time.
How to buy a second-hand house
One of the ways to buy a second-hand house: choosing a house
First of all, when choosing a house, we must distinguish whether the purpose of buying a house is to live or invest. When choosing a house, we should consider the level of transportation, convenience of life, municipal facilities and property management. Whether water supply, power supply and gas supply can be guaranteed, and whether sewage discharge and communication are smooth. Understand the service items and charging standards that can be provided by residential property management, visit neighbors and understand the surrounding living environment.
Understand the service life and land use period of the house, the purpose of the house, whether there are unpaid property management fees and water, electricity, gas and other expenses; Confirm the accurate area of the house, observe whether the internal structure, apartment type and pipeline of the house are reasonable, and whether there are problems with the ceiling and walls; Understand the internal structure of the house, because if you buy a house and plan to decorate it, you must ask clearly the direction of the pipeline and the location of the load-bearing wall to avoid unnecessary trouble.
The second way to buy a second-hand house: looking at the house
Looking at the house and verifying property rights are the key. If the property right is unclear and controversial, you must not buy it. This is often the link that people easily ignore when buying a house, and it is also the root of the risk of buying a house.
Buying a house must depend on whether the relationship between land and housing property rights 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. Pay attention to whether the owner's name on the real estate license is the same as that of the seller, whether there is mortgage and whether there is anyone.
The third way to buy a second-hand house: signing a contract.
Sign a contract to confirm legal status. There are generally two kinds of contracts for buying second-hand houses. If you buy a second-hand house through an intermediary, you must sign a real estate agency contract with an intermediary company in addition to signing a sales contract directly with the owner of the house property.
Real estate agency contract is legally called intermediary contract. Before signing, we should examine their qualifications to see if they have gone through the formalities of industrial and commercial registration. Second, it is necessary to review the other party's power of attorney and confirm that the other party is the legal agent of the seller. It is necessary to sign a unified and standardized principal-agent contract with an intermediary company. The contract shall specify the agency mode, agency remuneration, agency term and agency authority, etc. , and pay special attention to whether it is stamped and whether the relevant date is clearly written.
The fourth way to buy a second-hand house: go through the formalities
After three steps of house selection, house inspection and contract signing, we enter the substantive stage of buying a house. Specifically: housing area mapping, housing value evaluation, housing mortgage loan, housing property transfer, and receiving receipts. After buying a house, you should apply for a real estate license as soon as possible, and urge the seller to move out of the account as soon as possible; Handling second-hand housing loans involves many links, takes a long time and has complicated procedures.
Don't simplify the procedures because of the introduction of relatives and friends, don't trade privately, and go through the transfer formalities legally and thoroughly. The transfer of property rights must be reported to the property rights department before the transfer formalities can be handled.
The fifth way to buy a second-hand house: hand over the house.
After completing all formalities as agreed in the contract, the Buyer and the Seller shall hand over the house according to the contract, check and accept the house decoration and ancillary facilities that cannot be removed in the house, and the buyer shall pay after passing the inspection.