Nowadays, there are not a few people who buy second-hand houses, and there are many people who buy houses to make a profit. Compared with buying new houses, the transaction process of second-hand houses is obviously more complicated, and there are also many risks. If you don't pay attention every minute, you will fall into a pit. So what should we pay attention to when buying a house for transfer? What are the precautions of buying second-hand housing? 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 it, because according to the law, the lessee has the preemptive right, so if you want to buy it 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, when small a buys this kind of house, please pay attention to get the preemptive right to give up under the same conditions.
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 house sales contract should be signed by all property owners before it becomes effective. Here's an example:
The house is registered in the name of both husband and wife, but only one of them takes a look and signs on his behalf. But in the process of ownership transfer, due to the rise of house prices, the seller reneges, the husband and wife sing duet, Sue unwittingly, and ask to confirm that the contract is invalid, then the buyer is in trouble. Therefore, in order to avoid these troubles in the future, it is necessary to make sure 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 false identity. Therefore, when you buy a house, you must check the authenticity of the owner. Don't make the house empty.
3、 Has the house been mortgaged
For example, small a takes a fancy to a house with a total price of 800000 yuan. 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 to find a way to pay off the bank loan.
But 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 or frozen, you can inquire about the relevant registration of the house at the management and registration department of the housing department.
4、 Does the actual trader have the right to sell the house
In the process of looking at the house, Xiao a also encountered some problems, such as the house owner's inconvenience, being abroad, busy work and so on, and usually entrusted the agent to handle them. However, the law stipulates that when the agent has no power of agency, goes beyond the power of agency or the power of agency is terminated, the contract signed in the name of the principal shall not have effect on the principal without the principal's ratification, and the actor shall bear the responsibility.
Therefore, when purchasing this kind of second-hand house, it is suggested to ask the agent to provide a notarized power of attorney 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, etc.
5、 Is the house sold by 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 registered permanent residence has moved out, and so on. In addition, it will also face the situation of property fees, water and electricity charges arrears, which will be borne by the buyers. Therefore, even if the auction house is cheap, it is not recommended to buy, because the risk is great.
In short, there are many risks in buying a second-hand house, so it requires both parties to be cautious before signing the second-hand house contract. In fact, Xiaobian thinks that the best way to avoid it is to leave a certificate for every step and sign a relevant agreement or contract, so that even if something happens later, you can have a channel to protect your rights.