Now many times, all kinds of disputes over second-hand houses come from our ignorance of the laws and regulations on the sale of second-hand houses. In fact, if we firmly grasp the root causes and pay attention to every detail of the second-hand housing contract, we must have fewer disputes. So, what are the laws and regulations on the sale of second-hand houses? What should I pay attention to when signing a contract for buying a second-hand house?
Laws and regulations on the sale of second-hand houses?
1. The laws and regulations involved in the signing of housing sales contracts mainly include: General principles of civil law, contract law, urban real estate management law, the interpretation of the people's Court on Several Issues concerning the application of law in the trial of disputes over commercial housing sales contracts, local regulations of the measures for the Administration of real estate transactions promulgated by various localities, etc.
2. Real estate sales regulations refer to a series of laws and regulations involved in the process of real estate sales, including contract law, property law, pre-sale regulations and local pre-sale policies on commercial housing.
What should I pay attention to when signing a contract for buying a second-hand house?
1. The total price of the house, liquidated damages, late fees, delivery time, transfer time and tax payment must be agreed under equal and friendly negotiation.
There is a special case. If the fixed decoration and ancillary facilities of the house are also bought and sold, before signing the contract, the fixed decoration and ancillary facilities of the house must be checked under the certificate of the intermediary, and the product name, specification, quantity and appearance description shall be listed in detail with the furniture list, which shall be signed by both parties for confirmation. This can avoid future differences and protect the interests of both sides.
2. In addition to the things that must be stipulated in the contract, there are some special precautions to be written into the contract. These things are called collateral obligations in law. They are not necessarily stipulated, but whether the contract can be performed in the end is fatal.
3. If the house is mortgaged, determine the date of release.
Generally, within 15 working days after signing the contract, the seller's account is to move out of the house.
If there is an intermediary, deposit the real estate certificate with the intermediary to prevent the house from being sold to others within 15 days. It's not your house without transfer.
4. The seller should also pay attention to some problems.
The economic ability to buy a house should be understood clearly. The other party has no loan, how much it has borrowed, and how about the credit. It should be easy to do the loan in the contract. Because the price of real estate transfer is generally different from the evaluation price of the bank, in order to reduce the risk, the bank generally adopts the principle of low price. If the loan amount is low, the buyer can't afford to pay the price at that time, and there will be complications.
5. The buyer can change the loan amount. If Party B changes the loan amount or the loan is insufficient, Party B shall pay all the house money except the loan amount in cash on the day of obtaining the receipt of the house.