0 1 Is the house I bought a 70-year property right?
Bian Xiao Zhao Zhi: Before signing the house sales contract, we should first check whether the five certificates provided by the developer are complete. When auditing, it is necessary to pay special attention to whether the land units, construction units and sales units of the five certificates are consistent with the actual sales units.
In addition, when signing the contract, we must clearly agree on the specific date of handing over the house and handling the relevant documents, and avoid using vague sentences such as "probably" and "possible" to avoid disputes in the future.
The five certificates are state-owned land use right certificate, construction land planning permit, construction project planning permit, construction permit and commercial housing pre-sale permit.
The public can check the authenticity of these documents on the website of the issuing authority. Generally speaking, when buying commercial housing, citizens can focus on the pre-sale permit of commercial housing, because if the other four certificates are incomplete, they will not be able to obtain the pre-sale permit of commercial housing.
What if the developer delays delivery?
Bian Xiao's suggestion: property buyers should choose to buy a house or return a house according to their own needs and combined with the developer's remedial measures. Specifically, if the developer can improve the documents and procedures as soon as possible, so that the house can meet the delivery conditions as soon as possible, and ensure that the house ownership certificate can be handled in the future, buyers can choose to buy a house. Of course, even if the contract can continue to be performed, buyers have the right to investigate the developer's liability for breach of contract or claim compensation for losses.
In addition, property buyers can also ask the developer to cancel the contract or confirm that the contract is invalid on the grounds that the developer has not handled the pre-sale permit and other procedures. If the contract is dissolved or confirmed to be invalid, the developer shall return the paid purchase price and interest to the buyer according to law and compensate for the losses. If the buyer thinks that the developer's behavior constitutes fraud, he can also ask the developer to bear the compensation liability of not more than twice the paid house purchase price.
What if the developer delays the application?
Bian Xiao's suggestion: According to the delivery time of the real estate license in the house purchase contract, if there is an agreement, there is no agreement according to the law. According to the judicial interpretation of commercial housing sales contract disputes issued by the Supreme People's Court, within 90 days from the date of conclusion of the contract (the pre-sale of the house is the delivery date), the buyer shall obtain the property ownership certificate, otherwise the developer may be held liable for breach of contract.
Secondly, if the property buyer fails to get the real estate license due to the developer's reasons beyond the time limit stipulated in the agreement or law, the property buyer can claim the liability for breach of contract from the developer. If the contract clearly stipulates the liquidated damages for overdue permit application, if the contract does not stipulate the liquidated damages or the amount of loss is difficult to determine, you can claim the liquidated damages for overdue permit application according to the standard of charging interest for overdue loans by financial institutions stipulated by the People's Bank of China and the total amount of the paid house purchase money.
What if the real estate area shrinks?
Bian Xiao suggested: According to relevant laws and regulations, the area of the house delivered by the seller is inconsistent with the area agreed in the contract. If there is an agreement in the contract, it shall be handled according to the agreement; If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:
1, the absolute value of the area error ratio is less than 3% (including 3%), and the settlement shall be made at the price agreed in the contract. If the buyer requests to terminate the contract, it will not be supported;
2. If the absolute value of the area error exceeds 3%, the buyer's request to terminate the contract and return the paid house price and interest shall be supported. The buyer agrees to continue to perform the contract. If the actual area of the house is larger than the area agreed in the contract, the buyer shall make up the house price at the agreed price for the part with the area error ratio within 3% (including 3%), and the seller shall bear the house price for the part with the area error ratio exceeding 3%, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the part with the area error ratio within 3% (including 3%) and the interest shall be returned by the seller to the buyer, and the part with the area error ratio exceeding 3% shall be returned by the seller to the buyer twice.
05 school district room is not equal to dicing room?
Bian Xiao Zhao Zhi: Although many buildings are adjacent to the geographical location of the school, it is not certain whether the child's student status can be included in the film. Some buildings are separated from the school by a wall, so you can't enter the school. School districts also need to have "qualification certification", and school districts are not equal to dicing houses.
The kindergarten community can be built by itself, but the scribing of primary and secondary schools also needs the overall planning of the Education Bureau. When buying a house, citizens still need to know more about the area where the house is located. The purchase contract will also specify the address of the house. The public can compare with the scope of the dicing of the Education Bureau, so that they can clearly understand the dicing school of the property and avoid buying the so-called school district, but they are still unable to enter the school. For some planned educational resources, it is necessary to know when they can be put into use.
How to charge the property fee for vacant houses?
Bian Xiao's suggestion: According to the regulations, the owners of vacant properties that have been unoccupied for a long time (for more than six months in a row) and vacant properties that have not been used for a long time after occupancy should make a written record with the property management company, and pay the vacant property management fee at 70% of the stipulated or agreed service fee, or collect the property management fee according to the regulations of relevant departments of provinces, cities and counties on the reduction or exemption of vacant houses.
What if the quality of the house is not up to standard?
Bian Xiao Zhao Zhi: According to the relevant laws and regulations, after the delivery of the commercial house, if the buyer thinks that the quality of the main structure is unqualified, he can apply to the engineering quality supervision unit for re-inspection. After verification, if the quality of the main structure is indeed unqualified, the purchaser has the right to return a house, and if losses are caused to the purchaser, the developer shall be liable for compensation. The house purchased by Miss Kong is likely to have quality problems in foundation and main structure engineering. Therefore, Miss Kong can return a house and ask the developer to bear the liability for compensation.
What should I do if I don't want the deposit?
Bian Xiao Zhao Zhi: Disputes that often occur in the early stage of buying a house include disputes between buyers and developers about deposit and deposit. Before the purchaser signs the subscription book and formally signs the commercial housing sales contract, if the commercial housing sales contract cannot be concluded due to the purchaser's reasons, the developer may not refund the deposit. However, if the buyer and the seller cannot reach an agreement through negotiation, for example, the deposit should be returned to the buyer.
Is it reasonable for developers to raise housing prices in 2009?
Bian Xiao Zhao Zhi: As a developer, we should fulfill our contractual obligations, and we can't change the contents of the contract without authorization. As a property buyer, in the face of the developer's breach of contract, he can bring a lawsuit to the people's court, asking the developer to fulfill his contractual obligations and bear the liability for breach of contract.
10 what should developers do if they add layers?
Bian Xiao's suggestion: Generally speaking, it is impossible for developers to raise the floors without authorization, and they need to go to the Planning Bureau to make relevant changes. If you think it is illegal for the Planning Bureau to adjust the planning, you can report and prosecute.
If you have signed a pre-sale contract with the developer before the planning adjustment, and the developer's behavior constitutes a breach of contract, you can terminate the contract and investigate the developer's liability for breach of contract.
A house that has worked hard, carefully saved and pieced together embodies the sweat of buyers, but the road to safeguarding rights is rugged and difficult!