In the second-hand housing sales contract should have:
First, the name and address of the parties help to understand the specific situation and contact information of the parties and avoid being deceived.
Second, the goal. That is, the second-hand house to be traded by both parties is the key to the contract. It is necessary to specify the location, nature, area, structure, pattern, decoration, equipment and facilities of the house; Indicate the ownership of the house, whether * * * has property rights; Whether the original sales unit is allowed to resell; Whether there is a housing ownership dispute; Whether there are some illegal buildings; Payment of property management fees and other fees of the house; Handover process of housing-related written materials.
Third, the price. Indicate the total price; Payment method; Terms of payment; How to apply for a loan; Deposit; Final payment.
4. Time limit, place and method of performance. Indicate the delivery time; Conditions; The process of handling relevant formalities; How to seek intermediary companies, lawyers, evaluation agencies and other services; How to share various taxes and fees; What to do when the price goes up or down.
Verb (abbreviation of verb) explanation of liability for breach of contract. Liability for breach of contract and how to bear the liability for breach of contract; Calculation and payment of liquidated damages; Under what circumstances can it be exempted; The form of guarantee, etc.
Sixth, the way to resolve disputes. Indicate whether to adopt arbitration or litigation. If disputes are settled through arbitration, the terms shall be clearly defined in accordance with the relevant provisions of the Arbitration Law.
7. Effective terms of the contract. Effective time of the contract; Valid or invalid conditions; Effective or invalid period; Circumstances that lead to the invalidity of the contract; Invalid exemption clause; Conditions for the parties to request modification or termination of the contract; How to return the property after the contract is invalid or dissolved?
8. Terms of suspension, termination or rescission of the contract. Clearly stipulate the conditions for suspension, termination or dissolution of the contract; Obligations such as notification, assistance and confidentiality that should be performed under the above circumstances; Time limit for exercising the right of cancellation; Remedial measures; How to return the property after the contract is suspended, terminated and dissolved?
In the sale of second-hand houses, because the situation of each buyer and seller is different, coupled with uncertain factors such as the qualifications and responsibilities of housing intermediary companies, it is easy to have disputes over the sale of houses. In order to make the sale of real estate go smoothly and reduce disputes that consume both sides' energy and time, here are five suggestions for buyers and sellers.
Sellers mainly have five links: listing, closing, signing, collecting money and transferring.
First, when listing, make clear the way and time limit of entrustment. In most cases, sellers will sell through intermediary companies. When listing, the seller should not only specify the listing price, but also specify the entrustment method and listing period. In addition, some intermediary companies often do it themselves or let the intermediary pay a deposit to settle the house first, but the final signing must be someone else; Therefore, the seller should not easily collect the deposit from the intermediary.
Second, seriously collect the deposit. Intermediary companies will negotiate with sellers after finding customers. If the seller accepts the purchase conditions, he will sign the money from the intermediary. However, many intermediary companies will ask to keep the deposit, and sellers should be cautious about this. When the house is sold, it is ok to convert the deposit into commission. I'm afraid that the buyer will default, and when the seller can confiscate the deposit, the intermediary company asks the seller to share a piece of it.
Third, we should pay attention to three points when signing a contract. First, truthfully inform the buyer of the physical condition and rights of the house, preferably written in the contract; The second is to provide "three certificates", that is, if someone agrees to sell the house, if there is a mortgage, provide the proof that the mortgagor has been informed in writing, and if the house has been rented, provide the written proof that the lessee waives the preemptive right. Third, the transaction process must be linked to the house payment, that is, to ensure that the house payment is obtained before and after the house transfer.
Fourth, strive for loan commitments. When signing the contract, the buyer usually only pays the down payment, and the rest is paid by the bank after the transfer. However, the bank only pays according to the buyer's instructions. If the buyer cancels the loan after the house transfer and before the bank lends money, the bank will naturally not lend the seller any more, so the seller had better obtain the loan commitment from the buyer's loan bank.
5. Avoid the liability for breach of contract when handing over the house for transfer. Delivery and transfer are the two major obligations of the seller and need the cooperation of the buyer. When the buyer refuses to cooperate for various reasons, the seller should urge the buyer in writing and ask the intermediary to issue relevant certificates to avoid being liable for breach of contract in the future.
There are five main links for buyers: decision-making, inspection, signing, payment and transfer.
First, next time, we should specify the time limit for bargaining. Next time, we must specify the time limit for the negotiation between the intermediary company and the seller to ensure that the money can be recovered in time if the negotiation fails. After signing the intermediary agreement with the intermediary, you should take an original agreement. After successful negotiation, the intermediary shall be required to transfer the agreement signed by the seller and the deposit receipt signed by the seller to himself.
Second, pay attention to field investigation. Before signing the contract, the buyer should do some investigation. First, he should make a field trip to the house to learn about the living conditions, neighborhood relations, property maintenance funds and property fees of the house. Secondly, the buyer should go to the trading center to inquire about the property rights of the house, whether it is mortgaged, leased or sealed up. Third, go to the police station where the house is located to check the household registration in the house. Finally, if you need a loan, you should consult the bank in advance about the loan conditions and loanable ratio.
Third, check the relevant documents before signing the contract. Such as ID card, house title certificate, etc. , to ensure that the seller has legal qualifications. At the same time, the buyer's payment should be linked to the seller's performance, such as signing a contract, handing over a house, transferring ownership, etc. And the buyer can postpone payment when the seller defaults. Finally, in order to ensure the safety of funds, it is best to adopt fund supervision.
Fourth, you should receive a receipt after payment. After the house payment is made, the seller shall issue a receipt. Unless explicitly authorized by the seller, the intermediary generally has no right to accept the house payment without authorization. If it is agreed that part of the house payment will be used to repay the bank's cancellation of the existing mortgage registration, the money must be supervised by the buyer or paid to the seller's loan repayment account and told the original bank to transfer directly to avoid the seller's misappropriation.
Fifth, the transfer of housing should be accepted. When the buyer accepts the house, he shall accept the handover of facilities and equipment in accordance with the contract. Try to avoid decorating the house before the transfer, and prevent disputes after the transfer from complicating the sale. Housing transfer includes not only the transfer of property rights, but also the transfer of water, electricity, coal and other projects. If there is an account in the house, the seller should be urged to move out in time.
The following are authoritative suggestions on matters needing attention in purchasing second-hand houses, which are hereby forwarded:
With the acceleration of the reform process of housing system in various places, the opening of the secondary market has increased, and the sale of second-hand houses has flourished. Second-hand houses are favored by many consumers because of their good location and low price. However, the sale of old houses is not as clear as that of new houses, and it is much more difficult to recover and compensate after buying second-hand public houses. Therefore, when buying second-hand houses, we should pay special attention to issues such as property rights and housing structure.
★ First, find out the property rights of second-hand houses.
In the transaction of old houses, the title certificate is the most important. Because houses are different from other daily necessities and have great value, the protection of houses by law is mainly to protect houses with legal property rights. According to Article 59 of China's Urban Real Estate Management Law: "The state practices a system of registration and certification of land use rights and house ownership." Therefore, when buying a second-hand house, we must find out the ownership of the house. Don't buy a house with disputed property rights, partial property rights (such as public houses purchased at standard prices), * * * property rights, unclear property rights and no property rights. Even if the house is suitable, it will cause a lot of unnecessary troubles if you don't get the property certificate after the transaction. In addition, we should pay special attention to whether the owner and the seller on the real estate license are the same person. When checking the property right certificate, you must check the original and check the authenticity of the property right with the real estate management department.
Because China's housing reform policy implements different policies at different stages of the housing reform process, it is necessary to pay attention to whether the public housing purchased at the standard price has been supplemented at the cost price or how to share it with the original unit in proportion. In addition, some units have signed service contracts with employees in order to maintain the stability of employees when selling houses to employees, and the original units also have the priority to buy back. So it is necessary to confirm whether the original unit agrees to sell the house.
At present, public houses in military, hospitals and schools are generally not allowed to be listed for sale. It is necessary to confirm that the original unit has agreed to sell them before you can buy them with confidence.
★ Second, understand the housing structure of second-hand houses
The structure of second-hand houses is complicated, and some houses have been rebuilt many times, and the structure is generally poor. Therefore, when buying a second-hand house, we should not only know whether the building year, building area and usable area are consistent with those indicated in the real estate license, whether the layout of the house is reasonable, and whether the facilities and equipment are complete and intact. , but also a detailed inspection of the structure of the house, so as to know whether the house has damaged the decoration of the structure, whether there is a hidden danger of damage to the main structure caused by selfless construction and reconstruction.
In addition, the purchase of second-hand housing should also be on-the-spot investigation of housing, to understand whether the huxing is reasonable, whether there are any shortcomings that are particularly unsuitable for living, whether there are signs of water seepage in the ceiling, and whether there are obvious cracks or peeling on the walls.
If there are the above problems, don't buy it, so as not to increase the maintenance cost after purchase, but also to face the danger of insecurity at all times.
★ Third, look at the surrounding environment and supporting facilities of second-hand houses on the spot.
With the improvement of people's living standards, the requirements for living environment and supporting facilities and equipment are getting higher and higher. Newly built houses will gradually improve the living environment with the completion of housing completion and occupancy, and generally develop in a better direction. The surrounding environment of old houses has been formed for many years, and it is generally difficult to change. Therefore, when buying an old house, we should carefully examine whether there are pollution sources around the house, such as noise, harmful gas, water pollution, garbage and so on. , as well as the surrounding environment, community security, hygiene and cleanliness.
The survey of supporting facilities and equipment of houses mainly includes: water quality, water pressure, power supply capacity, gas supply, heating and charging standards, TV reception clarity, etc. In addition, we should also observe the brand, speed and management mode of the elevator, whether it is safe and convenient, and whether it provides 24-hour service. If there is an opportunity, you'd better visit some old neighbors and learn more about the house and surrounding facilities.
In short, we should fully understand the real purpose of selling houses and avoid taking over a garbage house. The purpose of buying a second-hand house is to improve the living conditions, but if you don't fully understand the second-hand house, it will bring more trouble to your later life.
★ Fourth, look at the property management of second-hand houses.
Buying a house is a one-time consumption expenditure, and the level of property management directly affects the long-term living quality in the future. Therefore, whether buying a new house or an old house, people pay more and more attention to the management level of the house. Good property management can not only make up for some shortcomings of the house, but also bring more convenience to life and work.
The investigation of property management mainly focuses on the reputation of property management enterprises. To visit the property they manage, see the basic quality of security personnel, security equipment, professional level and service attitude of management personnel, whether the environmental sanitation and greening of the community are clean and comfortable, and whether all facilities and equipment are in good condition and operating normally. From this, we can roughly see the management level of an enterprise, and the final evaluation is based on high quality and low price.
It is also necessary to know the standard of property management fees, the price of water, electricity, gas and heating, and the charging standard of parking spaces, and to know whether a special fund for the maintenance of public facilities and equipment has been established to avoid paying huge maintenance fees in the future, and the situation that ordinary people can afford to live in a house cannot happen.
★ 5. Buy a second-hand house and choose a security intermediary.
At present, although many cities have liberalized the second-hand housing market, the functions of the government are generally only at two ends, that is, approving the qualifications for entering the market and handling the registration procedures for property rights transfer, and the transaction process in the middle is completely operated by the buyers and sellers themselves. The sale of second-hand houses is much more complicated than that of commercial houses. Therefore, both buyers and sellers need the help of intermediaries to handle the transaction procedures on their behalf. At present, the operation of intermediary service institutions is not perfect, and the good and the bad are mixed, and contradictions and conflicts often occur between intermediaries and clients. Therefore, the choice of intermediary institutions is particularly important.
First of all, we should choose an intermediary company that has been approved by the government department in charge of industry and obtained professional qualifications. You need to visit the agency's office in person, and preliminarily judge what level the company is in according to the quality of personnel, modernization of office facilities, information content and popularity. At the same time, before entrusting an intermediary, we should also ask in detail what services the intermediary company can provide and how to charge. How can I get a refund if the transaction fails? If there is a dispute between the buyer and the seller, whether the intermediary company has the ability to compensate for the losses.
Another important service provided by intermediaries is housing price assessment. Because the secondary housing market has just started, the transaction volume is small, and there are not many examples to choose from, it is difficult for ordinary residents to accurately evaluate housing. Therefore, it is also necessary to entrust a qualified intermediary evaluation agency to make a basic and objective evaluation of the house, so that both buyers and sellers feel that it is worthwhile and happy.
In addition, if you are not sure about the sale of second-hand houses, it is best to hire professional lawyers in real estate as consultants, especially on key issues such as property rights, so as not to be deceived. At present, there is no uniform standard for attorney fees in the second-hand housing market. Therefore, it is necessary to know in advance what the lawyer's fees and corresponding services are.
★ 6. Second-hand housing transaction procedures should be completed in the trading place.
When buying a second-hand house, you should go to the trading place to handle the transfer formalities in person. Some people buy a house because they are afraid of trouble, second, they are easy to trust others, and third, in order to save some transaction costs, under the seller's rhetoric, the seller has full authority to handle the transaction procedures, and as a result, the property right certificate may be false, and the ownership of the house is not protected by law, causing disputes; Or when the property is transferred many years later, I know that I have been cheated. Even in Hong Kong, where the legal system is relatively sound, such cases occur from time to time. Therefore, to buy a second-hand house, the buyer and the seller must go through the formalities of property right transfer at the real estate trading place designated by the government, pay all kinds of transaction fees according to state regulations, and get the property right certificate issued by the government. Buyers and sellers had better pay for the house. Never lose big because of small things. Only in this way can we buy a safe and suitable house.
When signing a second-hand house contract, you should pay attention to the following matters:
1. The real identity of the owner must be confirmed.
Before signing a contract, buyers and sellers should first check the authenticity of the signing subject, mainly to verify the identity of the owner. Therefore, the authenticity of the owner's certificate and its consistency with the owner's identity are the prerequisites for signing a sales contract, especially when the buyer and the seller conduct their own transactions without the intermediary guarantee of a third party, which needs more attention from customers.
2. Both parties' liabilities for breach of contract must be clarified.
Because the real estate transaction is complex and the amount is large, sometimes there will be unexpected situations, which will lead to default. In order to avoid the phenomenon of wrangling in the future, it is necessary to clearly write down the responsibilities and rights of both parties and the amount and time of payment of liquidated damages when signing the contract, and follow the principle of equality of responsibilities and rights of both parties.
3. Payment transfer time must be indicated.
In practice, the buyer will divide the house payment into two parts: the down payment and the final payment, and call the owner in different periods. Therefore, the seller needs to know the buyer's payment time, and the payment time of the final payment depends on the date of property transfer, so the buyer has the right to know the time of property transfer.
4. The time of fee transfer must be indicated.
This is a subsidiary issue of the house itself that the buyer should pay attention to, and it is an important clause in "house delivery". Need to indicate the delivery date of water, electricity, gas, property, heating and other expenses.
5. There must be a detailed list of agency fees.
With the continuous improvement of the intermediary market, consumers gradually realize that reputable brokerage companies can effectively protect the rights and interests of buyers and sellers. The proportion of second-hand houses traded by brokerage companies is increasing year by year, so the agency fees of brokerage companies are getting more and more attention from consumers.
However, there is a problem in the current market, that is, the agency fees charged by brokers are not clear. In the contract, only the proportion of the agency fee to the total house payment is written, and there is no detailed list, which will lead to unequal information and ultimately harm the interests of consumers. Therefore, when signing a contract, buyers and sellers must ask the brokerage company to clearly explain the purpose of the agency fee.
6. The buyer must see the owner.
At present, some brokerage companies have "acquisition" business, so there is an illegal operation of "selling more in one room", that is, after receiving the deposit from one customer, the brokerage company will also take other customers to see the house, and finally the highest bidder will get it and sell it to the person who will not hesitate to break the contract with the first customer. The reason is often that the landlord does not sell and other brokerage companies' exemption clauses, that is, the brokerage company does not have to bear any liability for breach of contract, and the consumers who have paid the deposit can only submit to humiliation. Remind consumers that if you can exercise your right at this time and ask for an appointment with the owner to verify in person, it will expose his misconduct.
7. You must learn to use the supplementary agreement.
When signing a contract, if the terms of the contract are unclear or need to be further agreed, the buyer and the seller should fill in the blank lines after the relevant terms of the contract or fill in the additional terms after the contract, so as to show the meaning of both parties to the contract and reduce the inconvenience and trouble caused by ambiguous meaning in the subsequent stage.