This paper is divided into two parts. The first part tells you that the buyer must strictly perform the contract, especially in this special period when the house price is going to heaven, there are sellers waiting for you to default. If the buyer defaults at this time, it is really to blame. Once the seller catches the buyer's breach of contract (reaching the agreed or legal termination conditions), he has the right to terminate the contract and even ask the buyer to bear the compensation for breach of contract. The second part tells you that some unscrupulous sellers deliberately set traps to harm people, and lawyers teach you how to see through them one by one.
The first part of the buyer's strict performance
1, house purchasing qualification
Error-prone: Many buyers think that there is no problem with their qualifications, and as a result, they fail to pass the qualification verification after signing the contract, resulting in the inability to continue to perform the contract. The seller has the right to terminate the contract and even claim damages. Taking Beijing as an example, the common situations in which the verification fails are: interruption of social security payment, temporary relocation of social security to Beijing, payment by black intermediary, discontinuous tax payment, and discontinuous tax payment of some partnerships.
Lawyer's suggestion: property buyers must implement whether their qualifications for purchasing houses are perfect, otherwise they will never sign a contract. Social security records can be inquired in official website; With the ID card, you can check the social security and tax payment records at the social security center and tax office. It takes the buyer half a day to make an inquiry before signing the contract.
2. Obligation of deposit payment
Error-prone: failure to pay the deposit in full and on time, or failure to keep a valid payment voucher. Once the buyer makes such a mistake, the seller can terminate the contract according to the delay clause.
Lawyer's suggestion: First of all, it is the buyer's obligation to pay the deposit, which must be paid in full and on time. If payment is difficult, it must be considered before concluding the contract. When concluding a contract, make an agreement according to your own ability and situation. Second, if you pay in cash, be sure to let the seller give you a receipt; If it is remittance transfer, it must be paid to the seller's own account or the collection account designated by the seller's written signature. After remittance, the remittance voucher should be kept. If possible, it is best for the seller to issue a receipt.
3. Obligation of down payment
Common mistake: the down payment is paid through a third-party supervision platform. Common mistakes include: choosing the wrong supervision method and choosing the wrong supervision institution. (If the deposit is paid directly to the seller, please refer to point 2)
Lawyer's suggestion: there is one kind of supervision, and the withdrawal condition is that after the contract is completed, the supervision institution will lend money with the supporting documents. If there is a dispute during this period, neither party can refund the money, which is desirable; There is also a kind of supervision, which many banks have. The withdrawal condition is that the money will be automatically lent to the seller at a certain agreed time. This method is not desirable because there are many variables and even disputes in the process of contract performance. The original time has come, and the buyer may not have obtained the corresponding housing rights. Regarding regulatory agencies, it is hoped that real estate registration centers in some places will provide regulatory services; It is suggested that some very honest intermediaries set up special supervision accounts in banks and file them with the construction authorities; Some so-called supervision accounts that are not filed by small intermediaries are not desirable, and there have been many absconding incidents.
4. Obligation to apply for a loan
Common mistakes: the buyer agreed on the specific time of loan approval in the contract; The buyer did not reach an agreement on how to deal with the failure of the first loan application. If the buyer makes the first mistake, it is very easy to delay the performance, so that the seller can seize the opportunity to cancel the contract; If the buyer makes the second mistake, the loan application fails, and it is difficult to pay his own funds, which will also lead to the seller's termination of the contract.
Lawyer's suggestion: in the contract, the buyer can only agree when to submit the loan application materials according to his own situation, but can't agree when to get the loan approval notice, because when to approve the loan is the right of the bank and the provident fund center, and the buyer can't control it; The buyer must stipulate in the contract how to deal with the failure of the first loan application. Lawyers suggest that if the first loan application fails, buyers have the right to change other banks and other financial institutions to apply again. If the second application fails, the buyer shall raise money to pay by itself within n days (if the buyer has the ability to pay the balance by himself)/or choose an agreement: both parties shall not be liable for breach of contract, but the reasonable expenses incurred by the seller in performing the contract shall be borne by the buyer.
5. Tax obligation
Common mistake: in the sale of stock houses, most areas will agree that the buyer will bear all taxes and fees. Many property buyers did not predict the tax burden in advance. When paying taxes, they found that the tax burden far exceeded expectations and it was difficult to ride a tiger. Housing transaction tax is complex and heavy, mainly involving deed tax, business tax, personal income tax and stamp duty. Except stamp duty, the other three types of taxes are relatively high: the basic tax rate of deed tax is 3%, and there are 1.5% and 1% concessions in different situations; The business tax and additional tax rate is 5.6%, and there are concessions under different circumstances; The personal income tax rate is 20%, with preferential treatment and tax exemption under different circumstances (in some places, income tax is levied according to the difference of 20%, such as Beijing; There are also cities that charge 2% of the total turnover; The situation is different).
Lawyer's suggestion: calculate it yourself in advance or find a lawyer to calculate it; Ask the intermediary to calculate and write the calculation results into the intermediary contract.
6.* * * The same obligation
Common mistakes: some obligations in the house sales contract are shared by the buyer and the seller, and sometimes the buyer mistakenly thinks that it is the seller's unilateral obligation, which leads to his own breach of contract. For example, handling fund supervision, online signing and filing, transfer registration and tax payment are all obligations that need to be completed by both parties.
Lawyer's suggestion: the buyer must cooperate with each other and perform all the contract matters that require the cooperation of both parties, otherwise it will lead him to fail to perform his obligations in the same obligation and constitute a breach of contract.
7. Performance time
Frequent mistakes: Buyers fail to fulfill their obligations according to the agreed time, which is a common mistake made by buyers and the consequences are very serious. Because most housing sales contracts stipulate that if one party delays the performance of its obligations for a certain period of time, the other party has the right to terminate the contract and claim compensation. In practice, the time for delaying the termination of the contract is often agreed to be more than 10 or 15 days (subject to the specific contract), so there are countless cases in which the buyer cancels the contract.
Lawyer's suggestion: As a buyer, there are a series of obligations with specific deadlines or conditions, such as the aforementioned 1-6 obligation, all of which have agreed deadlines or legal performance deadlines after being reminded. The buyer must not be careless, must read the contract carefully, know when each obligation should be completed, and conscientiously implement it, otherwise it will constitute a breach of contract.
8, black and white contract tax avoidance
Common mistakes: the buyer reduces the transaction price of the house through supplementary agreement and online signing agreement (part of the price is counted as facilities and equipment), and the seller demands to confirm that the contract is invalid on this ground.
Lawyer's suggestion: In this case, when the house price is higher than the guidance price, and there is no conclusive evidence to prove that the two parties collude maliciously, the contract (price clause) is generally recognized. However, dealing with the price through a contract in black and white is, after all, hovering between effective and invalid, which is suspected of being invalid. Therefore, it is suggested that property buyers should not covet temporary tax savings or engage in contracts in black and white.
9. Houses that are prohibited from being sold are not traded.
Common mistakes: property buyers are greedy and cheap, and buy affordable houses and two houses that do not meet the listing and trading conditions. The seller may bring an invalid lawsuit at any time to confirm that the contract is invalid.
Lawyer's suggestion: In judicial practice, unqualified affordable housing transaction contracts are basically confirmed as invalid, mostly because of the lawsuit caused by the seller's remorse after the house price rises. It is suggested that buyers should not purchase affordable housing in violation of regulations.
Part two? See through the seller's digging holes and setting traps
10, the seller delayed accepting payment.
Scene reappearance: the buyer has prepared the down payment and other housing funds, and informed the seller to provide the remittance account. However, the seller has been delaying the provision of accounts for reasons such as inconvenient business trip and handling new cards. Buyers must be careful at this time! There may be a trap-the seller delays your payment. Once the delayed termination clause is reached, the seller will complain to you first, and the burden of proof of payment obligation lies with the buyer, who will face great litigation risks! Similar cases have occurred frequently.
(The above answers were published on 20 17-06-07. Please refer to the actual purchase policy. )
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