many young people can't afford a new house now, so they plan to buy a second-hand house first. However, compared with the transaction of new houses, the transaction process of second-hand houses is obviously more complicated and faces many risks. If you don't pay attention to it every minute, you will fall into a pit. So what should the buyer pay attention to when the house is transferred? What are the precautions for buying second-hand houses? Let's have a look.
1、 The house is still under lease
If you find that the house is still under lease when you go to see the house, because according to the law, the lessee has the right of preemption, so if you want to buy at this time, the lessee needs to issue a written commitment of "giving up the preemptive right under the same conditions". That is to say, small a to buy such a house, please pay attention to must get to give up the same conditions under the priority of the book.
2、 The verification of housing property rights depends on whether there are multiple property owners
Before you have the intention to buy a house, you must verify the property right of the house, because according to the regulations, the contract for the sale of the house should be signed by all the property owners before it can take effect. Here is an example:
The house is registered in the name of both husband and wife, but only the husband and wife take it and sign on their behalf. But in the process of transfer, due to the rise in house prices, the seller repents, the couple sing double roles, Sue without knowing it, and ask to confirm that the contract is invalid. Therefore, in order to avoid these troubles in the future, it is necessary to confirm that all property owners are present when signing the contract.
In addition, there is another situation, that is, the lessee signs a sales contract with the buyer with a false certificate and a false identity. Therefore, when you buy a house, you must check the authenticity of the homeowner, and do not make the ultimate house property empty.
3、 Is the house mortgaged
For example, Xiao a takes a fancy to a house with a total price of 800000. However, the house is purchased by the landlord through mortgage, that is, it is mortgaged to the bank. Therefore, if you want to transfer ownership, you have to help the landlord pay off the bank loan to release the mortgage house or Ms. Zhang herself tries to pay off the bank loan.
However, no matter which method, it is suggested that the buyer must sign a contract, urge the seller to release the mortgage, and clarify the responsibility of both parties in the contract, so as to avoid disputes. In fact, to confirm whether the house has been mortgaged, sealed up and frozen, you can go to the housing management registration department to inquire about the relevant registration of the house.
4、 Does the actual trader have the right to sell the house
Small a also encountered in the process of looking at the house, because the owner of the house is inconvenient to move, living abroad, busy work and other reasons, usually entrust the agent to deal with it. However, according to the law, a contract signed in the name of the principal after the agent does not have the power of agency, exceeds the power of agency or the power of agency is terminated, the contract signed in the name of the principal shall not be effective to the principal without the principal's ratification, and the actor shall bear the responsibility.
Therefore, in the purchase of such second-hand housing, it is suggested that the agent should provide notarized power of attorney for the sale of the house and clarify the responsibilities of both parties. It's better to ask the agent to show the original house property certificate and the owner's identity certificate.
5、 Is the house sold for auction
Generally speaking, the auction house will involve property rights issues, such as whether the ownership can be transferred, whether there are actual residents and whether the household registration has been moved out, etc., and it will also face the situation that the property fee and water and electricity fee are not paid in arrears, which will be borne by the buyer. Therefore, even if the auction house is cheap, it is not recommended to buy because of the high risk.
In short, the risk of buying second-hand housing is a lot, so the buyer and the seller must be cautious before signing the second-hand housing contract. In fact, Xiaobian thinks that the best way to avoid it is to keep certificates and sign relevant agreements or contracts at every step, so that even if something happens later, you can have a channel to protect your rights.