First, what is the preemptive right of housing?
The preemptive right of housing refers to the right of a specific person to purchase a house in priority to others under the same conditions in accordance with the law or the contract. It is a legal right, which is directly stipulated by law.
2. Who has the preemptive right?
1, lessee
The lessee enjoys the preemptive right under the same conditions. Therefore, the owner of the house should inform the lessee in advance when selling the rented house.
This house is occupied.
Under the same conditions, * * * someone has the preemptive right. Therefore, the owner of the house must submit the certificate of agreeing to sell all the houses in * * *.
3, the original property unit
Housing purchased by employees at the standard price can generally enter the market after living for 5 years. Under the same conditions, the original selling unit has the preemptive right and lease right. If the original selling unit has been revoked, the real estate management department of the local people's government has the preemptive right and lease right.
Third, how to identify the preemptive right of housing?
The preemptive right can only be exercised under the same conditions. What do you mean by equivalent conditions? It usually includes the total price, payment method, payment time, delivery time, kinship and other factors. If one of the conditions is not met, the preemptive right cannot be exercised.
For example, Lao Wang wants to sell a rented house, and Xiao Li is willing to pay 3 million yuan to buy this house. Because the tenant had the preemptive right, Lao Wang went to the tenant Xiao Liu for advice, but Xiao Liu was only willing to pay 2.8 million yuan to buy this suite, and finally Lao Wang sold the house to Xiao Li. In this case, the total price under the same conditions has not been met, and Lessee Xiao Liu cannot exercise the preemptive right.
4.* * * Who has priority, the owner or the lessee?
Under the same conditions, if the property owner and the lessee claim to exercise the preemptive right at the same time, the house owner will exercise the preemptive right before the lessee.
5. How to deal with the preemptive right?
Priority mainly refers to the priority in time, and the priority time is generally 3 months. Under the same conditions, the house can only be sold to others after the lessee and the * * * owner give up the purchase (the seller is required to issue proof materials), and both parties can conduct legal real estate transactions.
Many friends may not know much about the preemptive right of housing. What buyers need to be reminded here is that if you meet a house that others have the preemptive right, but the house transaction has not been approved by the preemptive right holder, your house contract is likely to be invalid! When buying a second-hand house, buyers should be optimistic about whether the house has tenants, * * * people or the original unit, etc. If so, they need to obtain the consent of the other party first (consent form is required). If not, there is no need to worry.