The focus of the content to be investigated will be different.
Handle the relationship with tenants well
If it weren't for personal experience, Zheng Xinyi really didn't know that buying a house with a lease would be so troublesome.
Mr. Zheng found an intermediary, and the intermediary explained that the tenant did promise to terminate the lease contract in advance, but because he did not find a suitable house, he repented. Mr. Zheng asked the seller to properly solve this matter. At first, the seller tried to persuade the tenant to move out as soon as possible, but the effect was not great. Finally, he had to give up and agreed to pay the liquidated damages for delayed delivery. Although Mr. Zheng is unwilling in his heart, he is helpless.
According to industry insiders, the key to buying real estate by lease is to handle the relationship with tenants, such as whether the preemptive right has been given up and the expiration date of the lease contract. At the same time, we should take different measures according to the specific situation, such as self-occupation and investment, because they have different starting points, so we should adopt different coping strategies.
These two principles focus on
There are two principles that can't be ignored when buying a property with a lease. Here is a special introduction.
Xu Haibo, a lawyer of Shanghai Grand Hyatt Law Firm, said that the first thing to pay attention to when buying this kind of property is the principle that the lessee has the preemptive right, and the second is that the sale does not violate the lease principle.
Reportedly, the so-called preemptive right, in China's current laws and regulations and judicial interpretation of the lessee's preemptive right has been clearly defined. According to Article 230 of China's Contract Law: "If the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions"; Article 118 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law (Trial) stipulates: "When the lessor sells the leased house, it shall notify the lessee three months in advance, and the lessee shall enjoy the preemptive right under the same conditions." In this regard, Xu Haibo said that it is safer to purchase real estate by lease, and it is necessary to ask the seller to show a statement that the lessee waives the preemptive right. When signing a house sales contract, the statement must be taken as an annex to the contract.
Moreover, there are clear provisions on the principle that the sale does not break the lease. Article 229 of the Contract Law stipulates: "If the ownership of the leased property changes during the lease period, the validity of the lease contract will not be affected"; The second paragraph of Article 1 19 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) stipulates: "During the lease period, if the property right of a private house is transferred due to sale, gift or inheritance, the original lease contract is still valid for the lessee and the new owner." Of course, this does not mean that the lease cannot be terminated, which requires the seller to take the initiative to solve properly, such as obtaining the understanding of the tenant and compensating the tenant for liquidated damages to terminate the lease in advance.
In this regard, Xu Haibo said that property buyers can't ignore the preemptive right and the two principles of buying and selling without breaking the lease. He said: "These two problems have been handled well before the next steps can be taken. If these two principles are ignored, it will bring unnecessary trouble to buyers. " Page $ $
Self-occupation and investment have their own emphasis.
At present, the purchase of real estate by lease may have two purposes, one is self-occupation and the other is investment. For these two different requirements, the problems faced in the actual operation process are different.
Experts said that whether it is for the purpose of self-occupation or investment, buyers need to follow the lessee's preemptive right and the principle that buying and selling does not violate the lease. On this basis, the specific situation is analyzed. For self-occupation demand, buyers need to pay attention to how to solve the lease contract; If it is for the purpose of investment demand, we must pay attention to the authenticity of the lease when buying a property with a lease, because it involves the level of investment return; In addition, we should pay attention to the division of rental income. The following analysis is combined with specific cases.
Self-occupation: Pay attention to the term of the lease contract.
For home buyers, whether they can close the house on time may be the core issue they are more concerned about, so this requires sellers to solve it in advance.
Case 1: The lease must be terminated early.
Mr. Zhang bought a second-hand new house in Pudong Jinqiao (600639, Guba) and found that it had been rented, but the seller promised to terminate the lease contract in advance. After successfully completing all the purchase procedures, the tenant refused to move out on the grounds that the rent was not due. Mr. Zhang asked the seller to solve this problem, but the seller has ignored it at this time.
Expert analysis: Gong Shengli, a lawyer of Jincheng Tongda Law Firm, said that for home buyers, if the lease has not expired and the buyers don't want to wait, then this must be done before signing the house sales contract, rather than listening to the seller's verbal commitment. As for how to operate, Gong Shengli suggested increasing the amount of compensation for delayed delivery. Under normal circumstances, the daily compensation is one ten thousandth of the contract amount, or it can be agreed by the buyer to urge the seller to find ways to terminate the lease as soon as possible, so as to remove obstacles for timely delivery.
Investment: the authenticity of the lease needs to be verified.
For investment demand, buyers need to be careful about the authenticity of the lease. Because some sellers will forge leases in order to raise house prices in disguise or sell them as soon as possible, they usually sign high leases to let investors fall for it.
Case 2: Be careful when renting moistureproof.
Mr. Zou took a fancy to a villa in a villa area in Minhang District. The agent claimed that he had signed a high-value contract for two years, and the return on investment exceeded 6%. However, in view of the current situation that the return on investment in the market is generally lower than 5%, such a return on investment is undoubtedly very attractive. However, through field investigation, Mr. Zou found that there are many doubts about the so-called long-term high-value contract. For example, the tenant refuses to disclose any information about the rent, and the rent of the same villa around him is about 30% lower. Mr Zou finally chose to give up.
Expert analysis: Xu Haibo said that there is indeed fraud in the second-hand housing market, mainly to attract buyers' attention, especially for investors who value the return on investment. When the transaction is completed, the tenant will immediately terminate the lease, which will make the buyers unprepared. So be careful of the moisture in the lease so as not to put yourself in a passive position. The simplest method is to compare the rent level of the lease with the market level. If it is too high, it may be fake.
Case 3: The income collection period needs to be distinguished.
Mr Ruan bought an old small workshop near Xujiahui for investment. This house has just been rented out, and the landlord is in urgent need of funds and has no choice but to transfer it. When discussing the transfer of lease relationship, the seller thinks that it should wait until the delivery date, but considering that he is paying in full.
He suggested that the date of "rent collection" should be the time to pay the house payment.