I hope it helps you!
Pay attention to the following points when buying second-hand houses:
First, whether there is a private construction part. For example, the situation of occupying roof platforms and corridors, 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 dividing a room into two rooms. And whether the balcony is closed by the owner himself, which involves the problem of how to calculate the area.
Second, confirm the exact area of the house. Including the building area, usable area and the actual area of the room, the building area is generally indicated on the real estate license. The safest way is to test the area from one corner to another in the house, which is the so-called carpet area.
Third, 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 in the ceiling; Whether the wall has obvious problems such as bursting and peeling.
Fourth, the evaluation of housing municipal facilities. Turn on the tap 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 embarrassment of air conditioning in summer; Observe whether indoor and outdoor wires are aging; 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.
Fifth, understand the present situation of decoration. Whether the original house has been renovated, the level and degree of renovation, 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.
Sixth, the level of property management. How to collect the water, electricity and coal heating fee, whether it is collected at home or paid by yourself; Whether to go out in the middle of the night; Observe the brand, speed and management of elevators; Observe the cleanliness and layout of public corridors; Whether the community is closed; What is the security level? Observe the number and sense of responsibility of security personnel. How is the greening work in the community? What services does the property management company provide?
7. Understand the future cost of living. The prices of water, electricity, coal and heating; The collection standard of property management fees; The parking fee.
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 there have been any adverse events such as owing money or theft; Whether the fees of the property management company and the fees of water, electricity, coal and heating are owed.
Nine, neighborhood integration. Good neighbors will make your life happy. Go to the community at different times to see people coming and going, and judge people's social class through clothes and life rules; Visit neighbors up, down, left and right 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.
In addition, we should also understand:
First, property rights-whether the original unit is allowed to resell; 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; Pay attention to whether the owner and seller on the real estate license are the same person; Find out whether it is a cost room, a standard room or an affordable room; 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; Confirm the integrity of property rights, whether there is mortgage (including private mortgage), * * * someone, etc.
Second, buying a house-keep abreast of changes in procedures, fees and procedures. Public housing listing is a new thing, so we should be psychologically prepared and keep abreast of policy changes; Media reports are very concerned about the listing of public houses, and should 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.
Third, is the house worth this price-judging the value of the house by repeatedly comparing the high-rise public houses; Entrust a trustworthy intermediary company or evaluation firm to conduct evaluation; When banks provide mortgages, they will evaluate the value, which can be considered as the lowest value of the house.
Fourth, can you do second-hand housing mortgage-the conditions for second-hand housing mortgage are: 18 years old, with urban hukou; Can provide proof of stable income and payment of principal and interest; Willing to buy a house as collateral, or able to provide other eligible mortgage loans; The ownership of the purchased house is true and reliable; Pay the relevant handling fee.
5. Should you hire a lawyer? The situation of buying and selling second-hand houses is more complicated than that of commercial houses, and it is more reliable to have lawyers to provide advice. Public houses have not been listed for a long time, there are not many lawyers who can provide this service, and the charging standard is uncertain; It is suggested to invite lawyers who are familiar with the business as much as possible as comprehensive consultants.
Sixth, whether we should find an agent bank-the second-hand housing information of the agent bank should be comprehensive, but 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?
7. What kind of intermediary to choose-a reliable intermediary must provide two certificates: a valid business license and an intermediary qualification certificate issued by the Housing and Land Administration; The qualification certificate is issued by the industry management department and plays a more important role in ensuring the reliability of the correspondent bank.
8. Handover of house payment and property right-don't trust each other's reputation casually. It is an important issue to pay first and then transfer or transfer first and then pay; You can consider putting the house payment in a single place that both parties can trust, such as a law firm or a reputable agency, and then transfer the house payment to the seller's account after the transfer is completed.
Nine, property transfer-must go through the transfer formalities at the local housing and land administration, with agents, lawyers, notarized guarantees, etc. Not considered to have completed the transaction process; From the point of view of buying a house, this house really belongs to you only when the property right is over. Before this, the seller can break the contract at any time.
There are many problems to pay attention to when buying a second-hand house. Here are a few simple words:
1, pay attention to whether the ownership of the house is true, complete and reliable. Whether the owner of the house has a "* * * right" relationship with others, and whether the house has a dispute over creditor's rights and debts. Most importantly, the seller must provide a legal "Property Ownership Certificate".
2. Pay attention to whether the purchased second-hand house is a house that is allowed to be sold. Because * * * has a housing "housing reform" when selling a house, some units still retain the preemptive right. In this case, we must negotiate with the original property unit, agree in writing to transfer the purchased house, and sign it.
3. Pay attention to the accurate area of the purchased second-hand house. Verify whether the area marked in the Property Certificate is consistent with the actual area, and consider the location, environment, price, housing structure, pattern, lighting conditions, property, etc., and clearly handle the prescribed procedures for purchasing second-hand houses.
4. Sign the contract carefully. If you can't get it, don't rush to write it. Because the sale of second-hand houses is also regulated by the contract law, once it is put down, it will have legal effect and bear legal responsibility.
About the transfer procedures of second-hand houses:
After the signing of the house sales contract, you should go to the city real estate trading center to register the transfer of private houses, and the procedures are as follows:
(1) Information to be submitted
(1) Property Ownership Certificate;
2 sales contract;
(3) Original and photocopy of ID cards of both parties;
(4) Application for registration of house ownership (received at the acceptance window).
Note: 1. If the company purchases a private house, it must also submit the original and photocopy of the qualification certificate (business license or organization code certificate) of the legal person or other organization, the power of attorney of the legal representative of the company (collected at the acceptance window), and the original and photocopy of the trustee's ID card;
2. If the house is not transferred, the land use right certificate shall be submitted;
3. If the parties can't handle it in person, they need to issue a power of attorney or a notarial certificate, and the client needs to issue an identity card;
4. If the house has been leased and the lessee is not the lessee, submit the certificate that the lessee waives the preemptive right;
5. If there is a * * * owner, a certificate that the * * * owner agrees to sell and a certificate of ownership of * * * are required;
6. If the judgment is made by a court, a notice of court judgment and assistance in execution shall be issued.
(2) Flow chart: collect the form at the collection window-deliver the certificate at the collection window-deed tax, pay the tax at the charging window-check the certificate and get the certificate at the issuing window.
(3) charging standards
1. Transaction cost: 50% for both parties.
① Residence: stock room 6 yuan/m2;
② Non-residential: 10 yuan /m2.
2. Registration fee: paid by the buyer.
① Residence: 80 yuan/suite;
② Non-residential:
80 yuan/Zong below (1) 100 m2;
(2) below100-500 (including 500) square meters 120 yuan/box;
(3) 500- 1500 (including 1500) square meters of 200 yuan/section;
(4) 1500-3000 (including 3000) square meters 300 yuan/box;
(5) 3000- 10000 (including 10000) square meter 500 yuan/box;
(6) 800 yuan, with an area of10000m2.
3. Cost of building ownership certificate: make one copy for free, and charge 10 yuan for each additional copy.
4. Stamp duty: 5 yuan/Ben (to be paid by the buyer).
5. Deed tax: paid by the buyer.
(1) residence: individual purchases are paid at 65438+ 0.5% of the real estate transaction amount, and unit purchases are paid at 3% of the real estate transaction amount;
② Non-residential: 3% of the real estate transaction amount.
(four) to receive the real estate license, you need to carry documents.
1. Invoice with tax paid;
2. Individuals need to hold the original ID card of the property owner when buying a house, and units need to hold the original ID card of the client when buying a house;
3. List of receipts.
Note: The property owner must be present when receiving the house certificate. If the property owner cannot be present, a power of attorney or notarial certificate shall be submitted.
The whole process of second-hand housing transaction is roughly divided into the following stages:
(1), the buyer and the seller establish information communication channels, the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents.
(2) If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
(3) The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.
(4) deed of house. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Now Beijing has cancelled the real estate sales contract during the transaction, which is also commonly known as the "white contract".
(5) Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.
(6), handle the transfer of property rights transfer procedures. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.
(7) For the buyer of the loan, after signing the house sales contract with the seller, the buyer and the seller go to the loan bank to handle the loan formalities. The bank will review the buyer's credit, evaluate the house that both parties want to trade, determine the buyer's loan amount, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.
(8) After the buyer obtains the property ownership certificate and pays off all the house price, the seller delivers the house and settles all the property fees, and the 2 10 and second-hand house sales contracts of both parties are fully fulfilled.
If you have a property right certificate, go to the bank first and ask if the bank agrees to repay the loan. Generally, banks that have been in business for more than one year can pay back, but some banks have to collect liquidated damages. When you go to the bank, the computer will automatically calculate how much loan you still have. Take his right certificate (given to you by the bank) and property certificate to the real estate building to cancel the mortgage. You can sell it when you are finished. If you don't have that much money yourself, you really need to ask the buyer to pay you more down payment to reach the limit of your repayment. It's okay to go with the buyer's money. Note: Be sure to go to the bank first and ask if repayment is allowed. Lest you sign the agreement to sell the house and receive the deposit, but you can't sell it, you have to pay the deposit. One more thing, if you repay the loan in advance, don't forget to refund the insurance premium, which will pay off a lot.
2. Ten Points for Attention in Second-hand Housing Transaction
(1). Is the house complete?
The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading.
(2) Is the property right of the house clear?
Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only a part of * * * people dispose of the property owned by * * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.
(3) Whether the transaction house is rented.
Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time. Because China, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the housing sales contract cannot compete with the previous lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.
(4) Is the land situation clear?
Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house. Also pay attention to the service life of the land. If the land use right of a house is only 40 years and the owner has used it for more than ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.
(5) Does the municipal planning have an impact?
Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.
(6) Is the welfare home legal?
Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.
(7) Is the unit house infringing?
The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.
(8) Is the property management fee in arrears?
Some owners have long been in arrears in property management fees, electricity fees and gas (natural gas, heating and gas) fees when they transfer their ownership, and have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.
(9) Is the intermediary company illegal?
Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.
(10.) Is the contract clear?
Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.