1, check the related files carefully.
(1) Check whether the developer's qualification for development and operation is legal.
(2) Check whether the development and construction procedures are legal. Development projects must obtain land use right certificates, construction land planning permits, construction project planning permits and construction project construction permits;
(3) Check whether the developer has obtained the commercial housing sales (pre-sale) license and verify whether the house to be purchased is within the building number specified in the commercial housing sales (pre-sale) license.
2. Pay attention to the deposit terms.
Property buyers in the purchase of faster, generally have to pay a deposit to the developer. The Guarantee Law stipulates that the deposit amount agreed by both parties cannot exceed 20% of the total contract price. The deposit contract is established at the time of actual delivery. Although the deposit clause has been concluded, the buyer should fully understand his ability to perform the contract before paying the deposit. Because once the deposit is paid, the deposit contract will take effect, and if the buyer fails to perform it, he will bear the risk of the deposit being confiscated.
3, distinguish between deposit and advance payment
Early repayment is also early payment, but the nature and deposit are completely different. Advance payment is a part of the total house payment, and deposit is a guarantee form to ensure the smooth progress of the house purchase contract. If the buyer pays in advance when buying a house, the deposit penalty cannot be applied.
4. Pay attention to the area in the purchase contract.
The biggest feature of the auction house is that when the pre-sale contract is signed, the ownership of the house does not actually exist, and the relevant housing situation can only be reflected on the drawings, which makes the construction area predicted according to the drawings often have errors with the construction area measured on site after completion; Moreover, the price of the pre-sale area is often calculated according to the construction area predicted by the drawings. Here, it is best for buyers to negotiate with developers and try to agree on the interior area of the house in the purchase contract.
5. Pay attention to the force majeure clause in the house purchase contract.
According to the law, if the contract cannot be performed or damage is caused to others due to force majeure, it will not bear civil liability. Therefore, once the delivery is postponed, developers often shirk their responsibilities on the grounds of "force majeure". In order to prevent this loss, buyers must attach great importance to the exemption clauses related to force majeure when signing the contract. Generally speaking, the model text of the purchase contract will stipulate that force majeure is an exemption clause for delaying the delivery of the house.
6. Agreement on the obligations of the developer's property right certificate
In the disputes of auction houses, many disputes are caused by the issue of the issuance period of real estate licenses. Under normal circumstances, when developers explain why the progress of real estate license issuance has been delayed repeatedly, the common excuse is that the relevant departments will not handle it. However, according to the "Measures for the Administration of Urban Housing Ownership Registration", if the registration authority has clear ownership and complete information on the source of property rights, it shall, within two months from the date of accepting the registration, grant the registration and issue the housing property certificate.
Second, the specific precautions for buying a second-hand house are as follows:
1. Confirm the reliability of property rights.
Pay attention to whether the owner and the seller on the real estate license are the same person; Whether the area confirmed by the property certificate is inconsistent with the actual area; Be sure to check the original title certificate and check the authenticity of this title certificate with the Housing Authority.
2. Check whether it is a house that is allowed to be sold.
Confirm whether the public housing purchased at the standard price has been supplemented at the cost price or distributed to the original unit in proportion; When most public houses are restructured, the original unit reserves the priority to buy back, and it is necessary to confirm whether the original unit agrees to sell; Generally speaking, public houses produced by military products, hospitals and schools must be sealed by the original unit before they can be sold.
3 check whether there is a private building part.
Whether there are platforms and corridors occupying the roof; Or whether there is a small attic in the house; Whether there are any changes in the internal and external structure of the house, such as changing the balcony into a bedroom or kitchen and splitting one room into two; Whether the balcony is closed by the owner himself involves the problem of how to calculate the balcony area.
Confirm the exact area of the house.
Including building area, usable area and actual indoor area; Property certificate generally indicates the construction area; The safest way is to measure the area from one corner to another in the house. This area is called carpet area.
5 Observe the internal structure of the house.
Whether the apartment type is reasonable and whether there are any shortcomings that are particularly unsuitable for living; Whether there are too many pipelines and unreasonable wiring; Whether there are signs of water seepage on the ceiling and obvious problems such as cracks or peeling on the walls.
Check the municipal facilities of the house.
6. Turn on the faucet and observe the water quality and water pressure; Turn on the TV to see if the image is clear and you can watch several programs; Confirm the power supply capacity of the house to avoid the phenomenon that the air conditioner can't be turned on in summer; Observe whether indoor and outdoor wires are aging; Connection of telephone lines, whether ordinary telephone lines or ISDN telephone lines; Whether the gas has been converted into natural gas; Is there hot water supply in the community, or is there a water heater in the house itself? Supply and charge of heating in winter, whether the number of radiators is enough, and whether the heating temperature is enough.
7. Understand the decoration.
Whether the original house is decorated, the level and degree of decoration, and whether it needs to be completely destroyed; Understand the internal structure diagram of the house, including the pipeline direction and the location of the load-bearing wall, so as to redecorate.
8. Check the level of property management.
How to collect the heating fee for water, electricity and coal, whether it is collected at home or paid by yourself, can't leave home; Observe the brand, speed and management of elevators, and observe the cleanliness and layout of public corridors; Whether the community is closed, what is the security level, and observe the number and sense of responsibility of security personnel; How about the greening work in the community? What services does the property management company provide?
9. Understand the future cost of living.
The prices of water, electricity, coal and heating; The collection standard of property management fees; The parking fee.
Trace the history of the old house. What year was it built and how long is the land use period? Who lives, what background, what purpose; Whether bad things happen, whether anyone owes money, and whether there is theft; Whether the fees owed to the property management company, as well as the fees for water, electricity, coal and heating.
10. Understand the combination of neighbors.
Good neighbors will make your life very happy, choose different times to observe people coming and going in the community, and judge people's social class through clothes and life rules; Visit the upper, lower, left and right neighbors to find out whether they are comfortable living here; Chat with the staff on duty in the neighborhood Committee or the reception room to understand the situation.
1 1. Calculate the house price.
I judge the value of the house by repeatedly comparing the public houses in the market; Entrust a trustworthy intermediary company or evaluation firm to conduct evaluation; When banks provide mortgage loans, they will make hedging evaluation, which can be regarded as the lowest hedging price of the house.
13 mortgage conditions of second-hand houses.
At least 18 years old, with urban hukou, both local and foreign; Can provide proof of stable income to pay principal and interest; Willing to use the house for sale as collateral, or be able to provide other eligible mortgages; The ownership of the purchased house is true and reliable; Pay the relevant handling fee.
14, lawyer.
The situation of buying and selling second-hand houses is more complicated than that of commercial houses, and it is more reliable for lawyers to provide advice and reference; It is suggested to invite lawyers who are familiar with the business as much as possible as comprehensive consultants.
15 looking for a correspondent bank.
The second-hand housing information of the agent company is more comprehensive than that of the individual, but at present, the accuracy of the information needs to be verified; Before handing over your business to the correspondent bank, you should know: What services does the correspondent bank provide? Can I help you with the second-hand house mortgage? If there are problems in the process of buying and selling, does the correspondent bank have the obligation and ability to compensate for the losses? What is the service fee standard of the agent bank? Can you guarantee to buy a satisfactory second-hand house?
16. Check whether the agency is reliable.
A valid business license issued by the local industrial and commercial bureau and an intermediary qualification certificate issued by the local housing and land administration bureau; The qualification certificate is issued by the industry management department and plays a more important role in ensuring the reliability of the correspondent bank.
17 keep abreast of changes in policies, processes and expenses.
Pay attention to the new news in the newspaper; Consulting lawyers and intermediaries; The most reliable thing is to consult the relevant housing management departments and keep abreast of the latest information.
Whether the property rights of 18 are complete.
Confirm the integrity of property rights, whether there is mortgage (including private mortgage), * * * someone, etc. You know, even in Hong Kong with perfect laws, such disputes will occur. I can only believe my own eyes. After I finish my account, I must transfer the house payment to the original householder.
19. Be careful about the handover of house payment and property rights.
Don't trust each other's reputation casually. It is an important question whether to pay first and then transfer or transfer first and then pay. You can consider putting the house payment in a unit that both parties can trust, such as a law firm or a reputable intermediary agency, and then transfer the house payment to the seller's account after the transfer is completed.
Ensure the smooth transfer of property rights.
The local housing and land administration can only handle the transfer formalities after completing the property rights. There are agencies, lawyers, notarized guarantees, etc. Not a complete transaction process; From the perspective of buying a house, this suite must really belong to you after the end of property rights. Before this, the seller can break the contract at any time.