Illegal units mainly include:
-Shanghai Deyou Real Estate Agency Co., Ltd. failed to truthfully inform the mortgage information.
-Yichang Shuangcheng Real Estate Marketing Co., Ltd. forged a tax payment contact form.
—— Henan Shengli Real Estate Consulting Co., Ltd. sells illegally as an agent.
—— Hangzhou Yiju Chen Xin Real Estate Agency Co., Ltd. illegally rents affordable housing.
—— The case of intermediary personnel of Aijia Information Department in Xiling District, Yichang City who illegally contracted business charges.
—— The case of intermediary of Beijing Dingding Rental Company illegally participating in renting "group rent" houses.
-Shenzhen Shengdean Real Estate Co., Ltd. and other intermediaries failed to file a case according to regulations.
Matters needing attention in the sale of second-hand houses
Step 1: property right review before selling the house.
Worried about buying a house with defective property rights is a major reason why property buyers are afraid to conduct independent transactions. However, if we do enough preparatory work, this problem will not be a problem.
First of all, we should carefully check the owner's real estate license and pay attention to the signatures of several people on the real estate license. If there are two people, they need to have their names at the back when signing the contract; Secondly, look at relevant evidence when buying a house, such as purchase invoices and deed tax invoices. As an auxiliary evidence to preliminarily confirm the ownership of housing property.
Risk warning: the biggest risk in this link is the defect of property rights, so before paying the deposit, you must check the file and get a clear answer. The house you like may be in the state of mortgage, or it may be in the state of sealing up because of debt disputes. Once there is a problem with the property rights of the house, the transaction will be declared invalid.
Step 2: Pay the deposit and sign the contract.
After looking at the house and determining the property rights of the house, it is natural to pay a deposit. But don't ignore this little link, there are tricks to pay the deposit. The house is worth one million yuan, and a 5% deposit can reach 50,000 yuan. So please pay more attention when the transaction reaches this stage.
If the house you like is still under mortgage, it's best not to give the deposit directly to the owner, but to be supervised by a third party. If both the buyer and the seller have a trusted third party, they can sign a simple agreement, stipulating to pay the down payment to the seller after the foreclosure is completed, and stating that "if the third party is given, it will be deemed that the seller has received the down payment, and the seller refuses to perform the contract on the grounds of not receiving the down payment, which will be regarded as a breach of contract". If there is no reliable third party, deposits should be supervised by banks. The specific way is: the buyer and the seller can go to the bank to sign a supervision agreement, and agree to transfer it to the seller's account after completing the delivery procedures at the trading center.
Generally speaking, an appointment sales contract will be signed when the deposit is paid, and the model text can be downloaded from the website of Shenzhen Guotufangguan Bureau. The contract should at least stipulate the property address, transaction amount, delivery time, liquidated damages, liability for breach of contract, etc. See the model text for specific terms.
Risk warning:
1. At present, if the property price rises and the buyer wants to prevent the seller from defaulting on the sale, he can pay the full deposit or agree on a high penalty to increase the default cost. However, the deposit or liquidated damages shall not be higher than 20% of the transaction amount;
2. The seller can break the contract and sell the house on the grounds that the deposit has not been obtained during the supervision, so the pre-sale contract should be marked as "when it is supervised by a third party, it is deemed that the seller has received it";
3. In order to avoid the phenomenon that the owner defaults on the payment before the delivery of the building, you need to sign a deposit agreement for the delivery of the house, and stipulate that the deposit of about 6,543,800 yuan+0,000 yuan will be deducted from the deposit. Check the furniture and electrical appliances in good condition, pay the water, electricity and property management fees, and return the deposit after paying the key.
Step 3: Redeem the building.
Redemption is a university question. Different redemption methods, different costs, different mortgage time and different risks. Generally speaking, it is the owner's responsibility to redeem the building. There are two ways to foreclose: first, the owner borrows from the bank through the guarantee company, generating 0.8% guarantee fee and 0 .4% short-term foreclosure interest, and then goes to the bank for mortgage after the buyer's real estate license comes out; Secondly, the buyer mortgages the bank through the guarantee company, and the bank pays the ransom to the seller, which only needs to generate the guarantee fee, but the buyer needs to pay the mortgage in advance.
"For risk reasons, buyers had better use the former method to redeem the building. Through the latter method, the short-term foreclosure interest of 0.4% can be saved, but if the transaction is terminated, the seller regrets not selling or the house has property rights problems, the buyer will be in a passive position. " Wang Qing, director of Midland realty mortgage department, said.
There are also some tips: if you refinance your mortgage through your peers, the above fees are essential, but you can save a lot of time. In addition, the guarantee company has a docking relationship with the bank. For example, a guarantee company may only correspond to ICBC and BOC. If you don't know how to choose a guarantee company, you can consult the bank that intends to make a mortgage, otherwise it may be empty to choose a guarantee company first.
Risk warning: the risk brought by foreclosure is the biggest in this link. It is not advisable for the buyer to redeem the building in cash or borrow money from the bank through the guarantee company. If the transaction is terminated due to unexpected reasons and the house is sealed up, the buyer will bear the risk. Several experts from the intermediary mortgage department interviewed by the reporter agree that "the two funds are used to redeem the building", that is, the owner himself borrows from the bank through the guarantee company.
Step 4: Pay the down payment and supervise the funds.
In addition to property rights, the second major concern of independent transactions is the supervision of funds. In fact, capital supervision has become a system at present, and buyers and sellers do it according to established regulations, with little risk. No matter how you trade, the down payment must be supervised by the bank.
The specific operation is: the buyer and the seller sign a fund supervision agreement in the bank, and then open accounts in the bank separately, stipulating that the buyer will pay the down payment to the seller after completing the transfer and getting a new real estate license. If the transaction is successfully completed, the bank will pay the seller; If there is a problem in the middle, the transaction will be terminated and the down payment will be returned to the buyer. When banks provide this service, they usually charge a single supervision fee around 500 yuan, but if you mortgage through bank supervision funds, you can save this fee.
In order to be fair, the bank will require buyers and sellers to sign a loan letter before signing the supervision agreement, so that buyers and sellers do not need to go to the bank in person when lending, and the trouble caused by the buyer's failure to cooperate with the loan can also be avoided.
Risk warning:
1. The buyer shall ensure that the down payment is supervised by an independent third party to avoid capital risk. It is more risky to redeem the house with a down payment to the seller.
2. If the loan letter is not signed in advance, the seller shall urge to unfreeze the down payment in time after the buyer completes the transfer, so as to avoid "after dinner".
Step 5: Sign the sales contract.
In the process of paying the deposit, the reporter has informed in advance that the independent transaction can sign a "written agreement" first, which is very similar to the intermediary contract of the ordinary intermediary, but it lacks the intermediary part. For its format, you can refer to the intermediary contract of the intermediary, or directly download the Contract for Pre-arranged Sale and Intermediary Service of Second-hand Houses in Shenzhen (Model Text in 2008) from the relevant download place of real estate management in the column of "Information Disclosure" on the website of Shenzhen Municipal Bureau of Land and Housing Management for reference.
When signing a written agreement, the most important thing is to pay attention to four aspects, namely, property rights, total house price, transaction taxes and fees, and date. What needs to be noted is that the written agreement should specify how to allocate transaction taxes and fees. The date is also very important, such as the time to pay the deposit, transfer the ownership and hand over the house. Only when the date is set can the transaction proceed smoothly. For example, it is stipulated that the foreclosure will be completed within 45 days, and the down payment will be supervised by the bank within 7 days after signing the contract.
(The above answers were published on 20 16-06-07. Please refer to the current actual purchase policy. )
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