The following contents are for the reference of judicial auction of real estate in Chengdu, subject to the actual situation of the auction house.
French auction house, referred to as "court auction of real estate". When the debtor (owner) is unable to perform the mortgage contract or pay off the debt, the creditor applies to the court for compulsory execution through various judicial procedures, and auctions the house under the debtor's name to pay off the bonds with the proceeds from the auction. Because it is a court auction house, it is different from other auction houses. At present, except for cities above 10 such as Beiguang and Shenzhen, other major cities have not restricted the purchase of "French auction houses".
At present, the auction house is one of the few legal channels to avoid the purchase restriction, but after the successful purchase and transfer, it is included in the family's own property rights. Legal auction houses can be mortgaged at market interest rates like new houses and second-hand houses, but only commercial loans are supported at present.
Legal auction houses enjoy the same rights as other properties, and can be settled according to local property settlement policies.
The law stipulates that the house auction needs to pay a deposit, and the deposit will be returned in full if the auction fails. If the auction is successful and the bid is abandoned for personal reasons, the deposit will not be refunded.
To solve the property right problem of the house, we must first determine whether the house has property right. If there is no property right, you need to go to the relevant functional departments to determine whether it can be handled and measure whether the resulting expenses are worth bearing. If the real estate has property rights, it is also necessary to clarify the property rights and the possible expenses in the process of changing the property rights of different natures again.
There is asymmetry of housing information in auction houses. It is not easy to see the house according to law, and some real estate courts will not arrange direct viewing, so they may lack a comprehensive understanding of this real estate. It is suggested that it is best to find a reliable intermediary when auctioning, so as to understand the information of the real estate, such as whether there are long-term malicious leasing, preemption and other problems, and whether there are too many debts.
All expenses and related taxes involved in the transaction, such as land value-added tax, deed tax, transfer fees and stamp duty, are borne by the buyer, so the buyer must measure whether these expenses can be borne by himself.
Generally speaking, "cheap" is the biggest selling point of auction houses. According to the auction procedure, the auction house is entrusted by the court to issue the appraisal price of the house, which is generally lower than the market industry. It is reported that the starting price of some new first-tier cities is set at 15% off the evaluation price! Real estate can be auctioned three times according to the regulations, and the price will drop further after one auction. If you shoot it three times, it can really be said to be an "ice-breaking price"!
However, some netizens "spit". According to the regulations, in the process of transferring houses according to law, both the transferor (original owner) and the transferee (buyer) shall be borne by the buyers. In addition, the original owner may still have unpaid late fees, which may add up to 65,438+00% of the total house price, which may not have much price advantage compared with the second-hand houses in the same community.
Finally, generally speaking, the court auction of assets has an important expression-"real auction", which means that the auctioneer makes a statement on the status quo of the auction target in advance in the auction of tangible property, and the auctioneer or the client can directly hand over the auction target to the buyer according to the status quo of the declared target after the transaction, without having to bear the guarantee responsibility for the quantity and quality of the auction target.
Therefore, in front of the auction house, buyers must not only seek cheap prices, but only after a comprehensive understanding, professional analysis and weighing the pros and cons can they "catch a loophole" in the "auction house" market!