1. What does the preemptive right of the house mean?
The preemptive right of housing refers to the right of a specific person to purchase a house in priority to others under the same conditions in accordance with the law or the contract. It is a legal right, which is directly stipulated by law.
2. Who are the people who have the preemptive right?
tenant
Under the same conditions, the lessee has the preemptive right. Therefore, the owner of the house should inform the lessee in advance when selling the rented house.
This house is occupied.
Under the same conditions, some people have the preemptive right. Therefore, the owner of the house must submit the certificate of agreeing to sell all the houses in * * *.
Original property right unit
Housing purchased by employees at the standard price can generally enter the market after living for 5 years. Under the same conditions, the original selling unit has the preemptive right and lease right. If the original selling unit has been revoked, the real estate management department of the local people's government has the preemptive right and lease right.
3. How to identify the preemptive right of the house?
The preemptive right can only be exercised under the same conditions. So what does the equivalent condition mean? It usually includes the total price, payment method, payment time, delivery time, kinship and other factors. If one of the conditions is not met, the preemptive right cannot be exercised.
Let's give an example: Lao Li has a house for rent and wants to sell it. Xiao Wang is willing to pay 3 million yuan to buy this house. Because the tenant has the preemptive right, Lao Li went to the tenant Xiao Liu for advice, and Xiao Liu was only willing to pay 2.8 million yuan to buy this suite. Lao Wang finally sold the house to Xiao Wang. In this case, the total price under the same conditions was not reached, so Lessee Xiao Liu could not exercise the preemptive right.
4.* * * Who has priority, the owner or the lessee?
Under the same conditions, if the property owner and the lessee claim to exercise the preemptive right at the same time, the house owner will exercise the preemptive right before the lessee.
5. How to deal with the preemptive right?
Among them, priority mainly refers to time priority. In general, the priority time is set at 3 months. Under the same conditions, the house can only be sold to others after the lessee and the owner give up the purchase (the seller is required to issue proof materials), in which case both parties can conduct legal real estate transactions.
Many buyers may not know much about the preemptive right of houses. What Bian Xiao needs to remind buyers here is that if someone else has the preemptive right to buy a house, but the house transaction has not been approved by the preemptive right holder, the house contract at this time is likely to be invalid! Therefore, when buying a house, you must check it carefully!