1. Pretending to be the homeowner to defraud the purchase price.
In this case, the seller may have mastered the property right information of the house, have some understanding and control of the house, and may also know the owner. The seller cheated the buyer's trust by looking at the house and using a fake real estate license. Once the buyer pays the money and wins the bid, because the property right of the house belongs to the third party, the buyer will definitely not be able to obtain the property right of the house, and the actual loss depends on the later rights protection.
In order to prevent this from happening, once the payment is involved, the buyer must insist that the owner himself be present. And ask the other party to show their ID cards and real estate licenses. After verifying the authenticity of the certificate, the possibility that the seller pretends to be the owner basically does not exist.
Second, one room and two sales
Selling one house and two houses refers to the act of a seller signing a house sales contract with two or more buyers. These two contracts for one room and two sales are legally binding. As for the final ownership of the house, the registration records of the property right registration department shall prevail. In other words, whoever transfers ownership first will own the house. The party that has not transferred the ownership seems to be passive, and can only take legal procedures to protect rights and recover losses from the seller. If the three parties have not gone through the formalities of property right registration, it depends on which party's intention to register property right comes first.
To put it simply, it is where the seller puts the property right certificate (pressure on the intermediary company also has legal effect) and where the property right of the house may belong in the future. In order to avoid unnecessary losses to buyers caused by the second-hand housing transaction, the correct way is to check the authenticity of the property right certificate at the property right registration department and put it in your own hands. In this way, even if there is a situation of one room and two sales in the later period, the other party will go through legal procedures and we will successfully complete the transfer procedures.
Third, buy a mortgaged house.
For mortgaged real estate, China implements the mortgage registration system. According to the relevant laws and regulations, the buyer buys the mortgaged house, but the seller does not know the mortgage procedures. Even if the buyer pays the house price, he will not be able to obtain the property right of the house in the future. For the house with mortgage registration record, the buyer should insist that the seller and the creditor handle the mortgage cancellation procedures before making the next transaction.
Don't trust the other party to get the money and let it go. If the other party does not cancel the mortgage, the buyer can only complete the cancellation procedures with his own pocket, otherwise the house will never be transferred. Readers may have another question. What if the other party and the creditor signed a mortgage contract and did not go through the mortgage registration formalities with the relevant departments, and the buyer could not find the mortgage record in the real estate registration center? According to the relevant laws and regulations of the state, if the mortgage is not registered, it may not be used against a third party. That is to say, in this case, the buyer can successfully complete the transfer procedures, leaving the latter issues to the seller and creditors.
Fourth, there are property disputes and disputes about buying a house.
China implements the real estate registration system, and the property ownership of the property registrant is protected by law. Disputes and disputes arising from real estate between ordinary property owners and others do not affect the sale of their own real estate by property owners. For example, Xiao Wang and Xiao Li are boyfriend and girlfriend. During their love, Xiao Wang bought a house in full, but Xiao Li's name was registered on the real estate license. After breaking up, Xiao Wang asked for his property back and got his legal support. But if Xiao Li doesn't sell this suite through Xiao Wang, Xiao Wang has no right to interfere in the transaction.
Legally speaking, Xiao Wang's right is limited to asking Xiao Li to compensate him for the related losses caused by the loss of real estate, and it will not affect the transaction. But in some special cases, the court will freeze the property under the name of the property owner. At this time, the frozen property cannot be sold, and the transfer in the real estate registration department will also be blocked. Due to the time difference and other problems, the property may also be frozen during the transfer process. In order to avoid this rare situation, the buyer can ask the seller to type a credit record in the bank, and can record legal disputes. If relevant problems are found, the transaction should be cancelled decisively.
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Now most markets are adjusting to form a buyer's market. At this time, buyers have more choices to buy second-hand houses, and sellers usually cooperate. When buyers see the opportunity, it is easy to choose their favorite house.