Knowledge point 1: The real estate market, the primary market of real estate, also known as the primary market of land, is the market for transferring land use rights, that is, the state expropriates urban state-owned land or rural collective land as state-owned land through its designated * * * department and then transfers it to users.
The land sold can be undeveloped land or cultivated land that has been developed and realized "three links and one leveling" or "seven links and one leveling". The primary market of real estate is monopolized by the state.
Secondary market of real estate The secondary market of real estate is the market where land users will sell or rent the real estate that has been developed and built, generally referring to the market formed when commercial housing enters the circulation field for the first time. The secondary market of real estate also includes the secondary market of land, that is, the market where land users enter the circulation field for transactions, such as the transfer of land use rights.
Third-level real estate market The third-level real estate market refers to the market where units and individuals who have obtained real estate rights resell or exchange or sublet real estate. The tertiary market is usually a transaction between housing consumers, which belongs to the reconfiguration of the consumer market. Common forms of circulation include house sale, exchange, lease, mortgage, pawn and auction.
Knowledge point 2: Pre-sale of commercial housing Pre-sale of commercial housing refers to the behavior of real estate development and operation enterprises to sell the houses under construction to the winning bidder in advance, and the winning bidder pays the down payment. The pre-sale conditions of commercial housing have paid all the land use right transfer fees and obtained the land use right certificate.
Each construction permit holding a construction project planning permit is calculated according to the pre-sale of commercial housing, and the funds invested in development and construction have reached more than 25% of the total investment of the project, and the completion and delivery date of the construction progress has been determined. Obtaining the pre-sale permit of commercial housing.
Commercial housing that has not been pre-sold. When the development enterprise presales the commercial housing, it shall also indicate to the buyer. The approval number of.
Pre-sale contract for pre-sale of commercial housing, the development enterprise shall sign a pre-sale contract with the winning bidder. The development enterprise shall, within 30 days from the date of signing the contract, go to the real estate management department and the land management department of the people's government of the city or county to handle the registration and filing procedures for the pre-sale contract of commercial housing.
Within 90 days from the date of delivery of pre-sold commercial housing that has been registered for ownership, the pre-buyer shall go through the registration formalities with the real estate management department and land management department of the people's government of the city or county according to law. The development enterprise shall provide assistance and provide necessary supporting documents.
If the pre-buyer fails to obtain the house ownership certificate within 90 days from the date of delivery due to the development enterprise, the development enterprise shall bear the liability for breach of contract, unless otherwise specially agreed by the pre-buyer of the development enterprise. On April 30, 2005, in order to curb housing prices, seven ministries and commissions jointly issued >:.
The opinion clearly pointed out that it is forbidden for pre-buyers of commercial housing to transfer the unfinished pre-sale commercial housing they purchased. In other words, the common behavior of "speculation in uncompleted flats" has been completely banned.
According to the regulations, before the pre-sale of commercial housing is completed and delivered and the pre-buyer obtains the house ownership certificate, if the applicant for house ownership is inconsistent with the pre-buyer agreed in the registered pre-sale contract, the house ownership registration authority will not handle the house ownership registration procedures; Commercial housing sales shall be registered in real-name registration system, and pre-sale contracts shall be put on record online immediately to prevent private transactions. Knowledge point 3: Commercial housing is now sold. The sale of commercial housing now means that real estate development enterprises sell the goods that have passed the completion acceptance to buyers, and the buyers pay the house price.
Conditions for the sale of commercial housing A real estate development enterprise selling commercial housing shall have a business license as an enterprise legal person and a qualification certificate for a real estate development enterprise. Obtain land use right certificate or land use approval document.
Hold the construction project planning permit and various construction permits. Has passed the completion acceptance.
Demolition and resettlement have been implemented. Infrastructure such as water supply, power supply, heat supply, gas supply and communication meet the use requirements, and other supporting infrastructure and public facilities meet the delivery requirements or the construction progress and delivery date have been determined.
The property management plan has been implemented. Commercial housing sales contract When commercial housing is sold, the real estate development enterprise and the buyer shall conclude a written commercial housing sales contract.
A contract for the sale of commercial housing shall contain the following main contents: the name and domicile of the parties. Basic information of commercial housing.
Commercial housing sales methods. How to determine the price and total price of commercial housing, payment method and payment time.
Terms and date of delivery. Decoration and equipment standard commitment.
Delivery commitments and related rights and responsibilities of supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communication, roads and greening. Ownership of public supporting buildings.
Treatment of area difference. Handle matters related to property right registration.
Methods of resolving disputes. Liability for breach of contract.
Other matters agreed by both parties. Knowledge point 4: "Five certificates and two books" property buyers usually ask real estate developers and sellers to provide complete "five certificates and two books" when buying a house, which is also the basic requirement of the law for sellers.
Five cards "five cards" refer to > >, gt; 、gt； (construction project commencement certificate), > The most important of the "five certificates" is >; And > all indicate that the purchased house belongs to the legal transaction category.
& gt The pre-sale scope is the saleable property of this project. Two books "two books" refers to; Instructions for residential use >:>.
The "two books" can be used as a supplementary agreement to the commercial housing sales contract, and are legal documents and guarantee documents provided by real estate development enterprises to the buyers when the goods are delivered for use. Knowledge point 5: internal subscription of internal subscription house is not obtained by real estate developers >; Before waiting for the relevant documents, sell the commercial housing on a small scale by "internal subscription".
Internal subscription can withdraw funds for developers as soon as possible, and because of the low price of commercial housing subscribed internally, it usually attracts many property buyers. However, due to the internal subscription of commercial housing, the developer failed to obtain >: in the case of sales, the rights and interests of buyers cannot be protected by law.
Therefore, property buyers should carefully examine whether real estate projects are in addition to >; Other documents are complete, so as not to damage their legitimate rights and interests. At present, due to many legal disputes caused by the internal subscription of commercial housing, the state has also adopted relevant policies on the sales form of internal subscription.
2. What legal knowledge do real estate agents need to master?
If you want to be a qualified real estate agent, you should not only be familiar with real estate professional knowledge, but also master legal knowledge, financial knowledge and negotiation skills, so as to build a bridge between real estate developers and consumers, buyers and sellers and make yourself invincible in the intermediary industry.
Real estate professional knowledge (including real estate information). The so-called real estate agent refers to providing real estate information and intermediary agency business for clients. Intermediary, in layman's terms, is to act as a middleman. Intermediary means holding two families in one hand: the upper family and the lower family, and playing the role of communication, promotion and stability between them. For a real estate agent, mastering a lot of market information is the premise for him to do this job well. These residences should include: real estate related laws and regulations and related policy information, information on changes in buyers, etc. Brokers use information to make profits to a large extent, and information is their main capital. If the intermediary is mainly information, then the agent must have professional knowledge. Agency is to represent one party to find another party, and it is the agent in the whole process of buying, selling and leasing, which runs through all aspects of real estate production. Therefore, brokers are required to be familiar with real estate development and management, construction, real estate transactions, real estate price evaluation and other professional knowledge on the basis of being familiar with relevant real estate laws, regulations and rules. Specifically, first, we should master the investment in real estate development, as well as relevant market research, development procedures, project feasibility study, project construction and completion acceptance, fund raising, market promotion and so on. Second, we should be familiar with the basic knowledge of architecture and understand the whole process of construction projects. Third, we should be familiar with the conditions, procedures and specific provisions of transfer, mortgage and lease, as well as some basic knowledge of property rights. Fourth, we should master the theory and practice of real estate price evaluation.
Marketing knowledge. The development of real estate today is no longer a single product competition a few years ago. For real estate developers, what they need is not simple intermediary service, but intermediary service that can provide perfect marketing scheme and superb market planning scheme to open up the market. The separation of production and consumption in the real estate market determines the importance of real estate marketing. The separation of real estate in time, quantity, type, room type, floor ownership, information and valuation must be compensated by marketing. Real estate marketing mix theory, market forecasting and research methods, and even product strategy, pricing strategy, distribution and promotion strategy are all essential things in real estate marketing center. To master marketing knowledge, we must master knowledge and skills such as market research, target market selection, product development, product pricing, channel selection, product promotion and after-sales service.
Legal knowledge. Although real estate agents are not lawyers, they don't have to reach the professional level, but the laws and regulations related to real estate must be mastered. The development of China's real estate industry benefits from the adjustment and improvement of real estate laws and regulations, which means that every business of real estate cannot be separated from laws and specific regulations. The three laws of real estate, Urban Real Estate Management Law, Land Management Law and Urban Planning Law, as well as the departmental rules and local regulations formulated accordingly, cover almost the whole real estate affairs. As a broker, you should not only master the laws and regulations of real estate and the policies, principles and spirit of all levels of departments, but also be familiar with the knowledge of civil law, economic law, administrative law, administrative procedure law and civil procedure law. To give the simplest example, signing a contract involves legal knowledge such as economic contract law and general principles of civil law. Agent leasing should be familiar with the Measures for the Administration of Urban Housing Leasing and the Conditions for the Administration of Urban Private Housing, and know what houses can be rented and what houses can't be rented, and how the lease contract will take effect. The agent must be familiar with the transfer conditions, transaction procedures, property rights knowledge and registration procedures in the Regulations on the Administration of Urban Housing Transfer and the Measures for the Administration of Urban Ownership Registration. If you are an agent for a developer, you need to master more legal knowledge. In recent years, the fashionable real estate lawyer witness business is enough to illustrate the importance of legal knowledge. Real estate agents should learn, understand and use the law, act in accordance with the law, and use the law to safeguard the legitimate rights and interests of clients.
Financial knowledge. As an important part of the financial industry, real estate finance is closely related to real estate development, operation and management. Real estate finance is the product of the marriage of real estate and finance. The development of the real estate industry should be backed by the financial industry, and the financial industry should be bigger. The real estate industry is the first choice. Especially after the implementation of the new housing reform system and the cancellation of housing distribution in kind, the financial knowledge of brokers is particularly important. Whether it is an agent developer, mortgage loan or even real estate consulting business, financial knowledge is essential. Generally speaking, brokers should be familiar with international financial practices, current national financial policies, financing forms, bank interest rates, interest calculation, loan types and procedures, repayment methods, housing provident fund and other knowledge.
Negotiation skills. Negotiation is not only a technology, but also an art and science. Through the communication of opinions and feelings of all parties, it reaches an agreement that is basically satisfactory to both parties. The negotiation of real estate agents is no exception. Through negotiation, we can complete the tasks entrusted by the entrusting party, get the commission and meet the market demand. Common strategies in negotiation, such as timing strategy, interest concession strategy, winning with sincerity, etc., are all needed by real estate agents. Specific to intermediary or agency business, at least three or more schemes should be put forward: optimal policy, intermediate policy and worst policy. For real estate agents, there is also the most realistic problem, that is, how to get the two parties to make a deal, which requires real estate agents to "make a deal when it is time to do it", and can also use some ingenuity, skills and methods to urge the other party to make up their minds to make a deal early. But you can't cheat.
3. What legal knowledge is there in housing sales?
1 analysis of real estate related terms a.
Affordable commercial housing: the so-called affordable commercial housing refers to the housing that is approved to be sold directly to low-and middle-income families at the cost price, that is, the buying and selling price is interfered or restricted by the behavior of * * *. Building area: The building area refers to the sum of the building area.
The construction area of each floor is calculated according to the horizontal section of the external wall area above the building foot. Construction area includes usable area, attached area and structural area.
Residential usable area: Residential usable area refers to the sum of the net usable area of residential sub-doors, which usually includes bedrooms, hallways, kitchens, bathrooms, balconies, closets, indoor walkways, indoor stairs, etc. Housing acquisition rate: the housing acquisition rate refers to the residential use area divided by the construction area. The higher the percentage, the higher the housing acquisition rate.
* * * Use parts of the house: refers to the hall, stair rack, water pump room, electricity meter room, elevator room, telephone extension room, elevator room, corridor, communication room, inner patio, load-bearing structure of the house, outdoor wall and roof used by the owners and users of the whole house. Residential public facilities: refers to the roads, green spaces, parking garages, lighting street lamps, drainage pipes, manholes, septic tanks, garbage bins (houses) and other facilities used by owners and users in the property management area.
Xianfang: refers to the pre-sale houses that have been built by housing developers and can be delivered for use in accordance with relevant regulations; Refers to the housing developers who have completed various permits and procedures for building houses, but are building houses that can be pre-sold. Sales area of commercial housing: (1) When the overall commercial housing is sold, its sales area is the overall commercial housing construction area (if the basement is used as a civil air defense project, it will be deducted from the overall commercial housing construction area).
(2) Commercial houses are sold as "sets" or "units", and the sales area is the sum of the set or the set area purchased by the buyers and the shared set area. Interior construction area: refers to the sum of interior usable area, interior wall area and indoor balcony construction area.
Interior usable area: refers to all usable indoor space area of the house, calculated according to the horizontal projection of the interior wall line of the house. Interior wall area: the maintenance and load-bearing walls around the use space of each set (unit) of commercial housing include * * * walls and non-* * walls.
The partition wall between commercial housing units, the partition wall between housing units and public building space, and the external wall (including gables) are all * * * walls, and half of the horizontal projection area of * * * walls is included in the internal wall area. The horizontal projection area of non-* * walls is all included in the interior wall area.
Balcony building area: refers to the projection of the outer edge of the balcony floor on the horizontal plane. Story height: refers to the vertical dimension between the surface of the lower floor or the upper and lower surfaces and the upper and lower surfaces of the adjacent upper floor.
Residential bay: refers to the actual distance between the positioning axis of one wall and the positioning axis of the other wall in the house. Residential depth: Architecturally, it refers to the actual length between the front wall positioning axis and the rear wall positioning axis in an independent house or residential building.
Clear height of residential buildings: clear height = height-floor thickness of one floor; Floor area ratio: building floor area ratio = total construction area of planned construction land; Total area density of planned construction land: building density = total area of building basement in planned land; Greening rate = green area within planned land/total area of planned construction land; Property maintenance fund: According to the regulations, a property maintenance fund should be set up when selling public housing and building ordinary residential commercial housing. The specific standards and measures for the establishment of maintenance funds shall be formulated by the Municipal People's Government.
At present, the general property buyers pay the housing repair fund in the first phase at 2% of the cost price of multi-storey housing construction area and 3% of the cost price of high-rise housing construction area. "Housing Quality Guarantee": In order to protect the rights and interests of housing consumers and strengthen the after-sales service management of commercial housing, the Ministry of Construction decided to limit the housing quality in the sale of commercial housing by real estate development enterprises. * * * There are four contents: first, the quality grade verified by the engineering quality supervision department; Second, the foundation and main structure should be guaranteed within a reasonable service life; Three. The warranty content and warranty period of all parts under normal use; Four, housing warranty units, the time limit for reply and processing.
Description of residential use: explain the structure, performance, type, performance and standard of each part of the house. At the same time, it is pointed out that the developer will not bear the warranty responsibility for the quality problems caused by improper use of the house or unauthorized change of structure, equipment location and improper decoration.
This is a regulation formulated by the Ministry of Construction to protect consumers' rights and interests. Public sharing coefficient: the public area sharing coefficient is the sum of the public building area of the whole building divided by the building area of each suite of the whole building.
Pool area: Multiply the pool number by the interior construction area to get the pool construction area that buyers need to share reasonably. Deed tax: a one-time tax levied on the new owner (property owner) according to a certain proportion of the total price for the contract signed by the parties when the ownership of the house changes.
Deed tax has the function of proving the legitimacy of property rights of real estate owners. State-owned land use permit, construction land planning permit, construction project planning permit, building construction permits and commercial housing pre-sale permit.
B. What is pre-sale of commercial housing? Answer.
What is commercial housing? Commercial housing mainly refers to houses invested and built by real estate development companies, which are for profit and operate according to market rules. Different from the "housing", "low-rent housing" and "dangerous houses" built in various places to solve the housing difficulties and implement the "housing project". The affordable housing started from 1998 is also a special kind of commercial housing.
From the perspective of sales, commercial housing is divided into existing home sales and forward sale; From the perspective of sales targets, it is divided into domestic commercial housing and export commercial housing; From the purpose, it can be divided into ordinary houses, apartments, villas and so on. B.
The difference between domestic commercial housing and export commercial housing. Domestic commercial housing refers to commercial housing built by real estate development and operation enterprises and sold to domestic units and individuals. Export commercial housing refers to commercial housing built by real estate development and operation enterprises and sold to foreigners (foreigners, Hong Kong, Macao and Taiwan).
Domestic commercial housing can be sold to individuals and units.
4. What laws and regulations do you need to know about real estate sales?
People's Republic of China (PRC) * * Urban Real Estate Management Law (effective from 1995 1 year1month) and Land Management Law (effective from 1999 1 year1month) and People's Republic of China (PRC) * * * and Regulations for the Implementation of Land Management Law (effective from1month) Effective from June, 2006) Administrative Measures for Urban Real Estate Mortgage (effective from June, 38+0, 1997) Administrative Measures for Pre-sale of Urban Commercial Housing (effective from June, 1995/kloc-0) Interim Administrative Measures for Listing and Sales of Purchased Public Housing and Economically Applicable Housing (1 May, 1999/kloc) Commercial housing residential quality guarantee residential instruction manual system stipulates (1) the rules for calculating the sales area of commercial housing and allocating the public building area (for trial implementation) (Measures for the supervision and management of the measurement of commercial housing sales area, which came into effect on May 1 65438 (implemented on June/65438)) Measures for the management of urban housing leasing. Measures for the Administration of Urban Low-rent Housing (effective from 1) Regulations on Urban Housing Renovation (effective from August of 199 1) Regulations on the Administration of Urban Private Housing (effective from August of 19880) Interim Measures for the Charge of Property Management Services in Urban Residential Quarters (effective from 1 March of 1996/kloc)
5. What are the basic knowledge of real estate?
Basic knowledge of real estate 1. Real estate: real estate and real estate, also called "real estate".
Property form: 1, pure land; 2. A simple house; 3. A complex of land and houses. Real estate is the floorboard of houses and their rights, and real estate is the floorboard of land and its rights. Real estate is the property of indivisible buildings, structures and other inseparable substances and their rights attached to the land.
(Structures refer to inaccessible buildings, such as chimneys, trees and roads. ) Property is divided into: 1, residential use (70 years); 2. Production and use (50 years); 3, business use (door head, etc. 50 years); 4. Administrative purposes (city, court, etc.). 50 years); 5. Other uses (schools, museums, etc. ) .2. Real estate industry: the general name of service enterprises engaged in real estate management.
Main contents of real estate industry: 1, land development and redevelopment; 2. Development and construction of houses; 3, real estate management (including land rights transfer, transfer, lease, mortgage, etc ... ); 4. Real estate management (including the sale, lease and mortgage of houses); 5, real estate intermediary services (including information, measurement, lawyers, brokers, notaries, etc.). ); 6. Real estate property management; 7. Real estate finance (including information, insurance, financial investment, etc. Third, the characteristics of real estate 1, the fixity of real estate location: the land is a natural product, the location is immovable, and the house is built on the land, which determines the immovability and fixity of the house, which makes the real estate subject to geographical restrictions; 2. Regional differences: the value of real estate in each region or in different locations in the same region is also different; 3. The high quality and durability of real estate; 4. Real estate has the function of maintaining and increasing value, provided that the national political situation is stable and determined by the nature of land, which is limited and non-renewable. However, people's demand for land is increasing day by day, and things are scarce. As a leading industry, real estate tax accounts for about 10% of the gross national product.
6. What legal knowledge do you need to master when investing in real estate?
As an ordinary real estate investor, you should know and master the following legal knowledge: 1.
Legal knowledge of property management. In 2003, the state promulgated the Regulations on Property Management (revised in 2007) to regulate the legal relationship of property management.
All localities also have corresponding local laws and policies in this regard. Property management has an important impact on the prospect of real estate investment, and buyers need to pay attention to this legal knowledge.
2。 Legal knowledge of tax payment.
Buying a house involves a series of taxes and fees such as deed tax, stamp duty, handling fee and housing property registration fee. Regarding the procedures and proportion of tax payment, the state and local governments have relevant regulations. Knowing these laws and policies, knowing what you know when investing in real estate can effectively safeguard the rights and interests of buyers.
After buying a house, it is necessary to register the property right and obtain the property right certificate, which is an important step to confirm the property right enjoyed by the buyers, and the legal knowledge in this respect can not be ignored. 3。
Legal knowledge of housing loan and insurance. Such as "Regulations on the Management of Housing Provident Fund" and "Measures for the Management of Housing Loans" issued by major banks.
Housing loan policies vary from place to place, so buyers should pay special attention to local policies. Banks usually require buyers to apply for housing insurance at the same time when they apply for housing loans, so they need to master this legal knowledge.
Property buyers need to pay attention to the relevant regulations of housing insurance of major insurance companies. .
7. Real estate legal knowledge
The problem of real estate should be based on completing the formalities stipulated by law, that is, although you signed the house sales contract, you didn't actually pay the money and transfer the ownership certificate. This kind of behavior has certain defects, and finally it is easy to produce contradictions. Since July, 2008, the real estate registration system has been implemented. Subject to the registration form.
If the real estate is transferred by buying or selling, the deed tax shall be paid in accordance with the provisions of the state, including business tax, stamp duty, property right certificate fee and evaluation fee. Within five years.
Saving money means paying, but paying still needs to pay a certain tax. Compared with business, taxes should be small.
The country is not a fool. If the gift is not taxed, then the transfer of state property is a gift and certainly not a purchase.
8. What legal knowledge should real estate customer service have?
Legal knowledge of real estate customer service: The real estate market is still in full swing, especially in the atmosphere of China, which has a huge domestic demand market, the demand for all kinds of talents in the real estate market is also expanding rapidly.
However, the clarity of the working idea of the real estate customer service line and the quality of the customer service line staff are mixed, and the understanding of the real estate customer service line work alone is not the same. The traditional content of customer service work is nothing more than accepting complaints, solving complaints and serving owners. In fact, in addition to the above work, customer service also bears the responsibility of eliminating legal risks and disputes in the bud, and more importantly, it bears the responsibility of collecting and fixing evidence.
Therefore, with the development of more and more real estates, its customer service personnel are required to have certain legal awareness to meet the needs of the company's continuous development. Bai, a lawyer of real estate and contract disputes, reminded customer service staff to pay attention to the study of legal knowledge.
Therefore, more and more development enterprises begin to set up customer service department and manage it as an important factor in the sales process. First, it is necessary to formulate strict and thorough work procedures and make them conform to relevant legal requirements. The whole customer service process from accepting complaints, recording complaints, solving complaints to door-to-door customer service should be formulated, and common problems should be summarized to formulate special coping mechanisms.
With the standardization of workflow, the loss of important evidence in customer service can be effectively avoided, which is of great help to communicate with the owner in the future and even solve the problem through legal channels. But the premise is that these processes must comply with the relevant provisions of the law, especially the proof materials required by the law must be obtained (the lawyer of real estate and contract disputes reminds you to do a good job in the standardized process of customer service handling complaints).
Second, customer service personnel are required to have certain legal knowledge. Customer service personnel should master basic legal knowledge and establish legal customer service awareness. Customer service personnel should quickly identify the rationality and legality of customer complaints, explicitly reject unreasonable requirements that do not meet the legal requirements, leave no illusions to customers, and never leave room for customers because they are too strong, and make ambiguous answers or even promises.
Because the customer service staff represents the company, once the answer commitment is made, it may cause the interruption of the statute of limitations of the case or be fixed by the customer's audio and video recording, leaving hidden dangers for solving the problem in the future. Therefore, establishing the legal customer service consciousness of customer service staff will reduce a lot of unnecessary economic losses for the company (real estate and contract dispute lawyer Bai reminds you that customer service staff should pay attention to the study of legal knowledge).
Three, should do a good job in customer service statistics, and establish customer service files according to different types of problems, and should be kept for at least five years. Only by learning from a lot of complicated customer service work can we establish different handling mechanisms for different problems.
When dealing with customer complaints, we should make detailed records, verify and confirm on the spot, and learn to consciously ask customers to sign and confirm a solution or complaint. Files should be established for successfully solved customer complaints, so as to provide cases for solving similar customer complaints in the future; For the problems that have not been solved successfully, we also do a good job in file preservation (the lawyer of real estate and contract disputes reminds you that file preservation is also evidence preservation), which provides materials for solving problems and formulating solutions in the future.
In a word, the importance of customer service is gradually reflected, and there is an irreplaceable trend. A good customer service department can not only enhance the brand image of the enterprise, but also ease the contradiction among customers, property companies and development companies.