What should be paid attention to when buying second-hand houses
4hw.org: buying a second-hand house is not as simple as buying a new house. The second-hand house involves the landlord and the payment of the loan. The process is complex. If some aspects are not noticed, they will suffer unnecessary disputes and losses.
First, it is most important to find out the status of property rights
That is to review the integrity and reliability of housing property rights.
The first step is to ask the seller to provide property right certificate, identity certificate, qualification certificate and other documents.
The second step is to check the source and property right record of the property right purchased from the relevant property management department, including the owner, file number, registration date, transaction price, etc.
Second, check whether the house has any debt burden
Buyers need to know whether the house is mortgaged, sealed up by the court, and shared with others. Those with unclear property rights and disputes must not be purchased. Pay attention to whether the owner and the seller on the property right certificate are the same person.
Second, we need to find out whether the source of the purchase belongs to the houses that are allowed to be sold. Generally speaking, the public houses of the army, hospitals and schools can only be sold after being sealed by the original units. In addition, don't forget to know how long the house has been purchased, how long the land use period is, and whether there is any arrears, such as property management, water, electricity, gas, etc.
Third, we should carefully examine whether there are pollution sources around the house
Such as noise, harmful gas, water pollution, garbage, etc., as well as the surrounding environment of the house, community security, sanitation and other aspects.
The inspection on the supporting facilities of the house mainly includes: water quality, water pressure, power supply capacity, gas supply, heating supply, charging standard and the definition of TV reception. Visit the surrounding neighbors, so that you can have a deeper understanding of the environment and living convenience of the community.
Fourth, both parties need to meet
There are many irregular behaviors in the second-hand housing market, such as the behavior of eating price difference. Many buyers only face the intermediary company of the house. They don't know the specific situation of the house, and they don't see the real owners and sellers. In this process, there will be a relatively large price difference. For example, the house only needs 1.32 million yuan, and the intermediary will increase the price to 1.4 million yuan. In fact, both the buyer and the seller have suffered losses. Some intermediary companies use this way to earn the difference 。 From the strict laws and regulations and industry management, it is illegal, but many buyers do not know.
Fifth, be careful when signing a contract
To purchase second-hand houses through intermediary, there are generally two contracts to be signed, that is, the sales contract signed with the owner of the house property right and the real estate intermediary contract signed with the intermediary company. The real estate intermediary contract is called the intermediary contract in law.
Pay attention to the following items before signing:
First, it is necessary to examine its qualifications to see whether it has gone through the formalities of industrial and commercial registration.
Second, the power of attorney of the other party shall be examined to confirm that the other party is the legal agent of the seller.
Third, we should sign a unified and standardized principal-agent contract with the intermediary company. The contract shall state the agency method, remuneration, term of agency and authority of agency, and pay special attention to whether to stamp and write down the relevant date.
When signing the real estate intermediary contract or the sales contract, the buyer shall pay the down payment or deposit for the house purchase, and remember that the payment shall be handed over to the seller personally, and the Seller shall issue a receipt. When it is handed over to others, the power of attorney of the other party must be reviewed to confirm whether the other party is the legal agent of the seller. In addition to choosing a reputable brand intermediary company and a professional and responsible broker, when choosing to buy a house, you must visit the house on the spot several times.
Sixth, in the housing sales contract, it must indicate when the original homeowner will move out of his / her account
To purchase the second-hand house, the new property owner and his immediate family members who live together can only go through the formalities of entering the house after the original owner's account has been moved out. In order to avoid the problems caused by household registration transfer, buyers should strengthen self-protection when purchasing second-hand houses, and sign the terms of household registration transfer, which should not only clearly stipulate the time when the original property owner's household registration is moved out, but also clarify the legal consequences of not moving in time.
When necessary, they can go to the local police station together with the original owner to confirm whether all their accounts have been removed, and then go through the property right procedures or settle the purchase price. It must be noted in the contract that 'Party A (the seller) shall move out the account within a few days without delay. 'and agree on the punishment measures in case of failure to move out as scheduled.
Seventh, under normal circumstances, only on the day after the handover of the house and the registration of the transfer of the house property, should the whole house payment be paid off
If the house cannot be delivered on time, and the buyer does not obtain the real estate certificate, according to the situation, part of the house payment will be temporarily withheld, and the whole house payment will not be paid. In this respect, the specific number of the amount of house money temporarily withheld shall be indicated in the "house sale contract". Because in the process of examination and approval of certificates, if there are problems in the procedures, the real estate certificate cannot be obtained.
Finally, according to the regulations of the real estate trading center, when receiving the real estate certificate, I must be present in person. If I can't be present to receive the certificate for some reason, I should go through the notarization procedures of the entrusted Certificate in advance.