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The second-hand room trade must be kept close to the 10 key points, all dry, so don't wait to regret it。
First, don't give me a down payment
A lot of new buyers are asking who should be paid the first payment in the used room? The answer is clear: it is paid directly to the seller and the intermediary is not entitled to receive the money。
The normal process is to make a down payment on the day of the house transfer, but it is important to remind them not to make direct calls to the seller's personal account! The best way to do so would be to follow the official funds control account and place the down payment on the supervisory platform, which would not be transferred to the seller until the transfer had been completed and the buyer had obtained the new real estate title certificate. This is a method of dealing that is clearly recommended by the building department, which minimizes the risk that the seller will take the money, but not the household, and is an option for our insiders when they take the customer。
Ii. Property rights verification, three steps that are not necessary
Buying a second-hand house, unclear property rights is tantamount to laying mines. As an insider, every time i take a client to see the house, the first step is to check the property rights, and there are three things to do:
Checking the identity of the owner and the seller: it is necessary to ensure that the registered owner on the certificate of real estate title and the seller of the purchase contract are the same person; in the case of an agent, the legal power of attorney signed by the owner must be provided to avoid a dispute “not entitled to sell on behalf”。
2. Verification of the integrity and authenticity of the documents: a single register of real estate is now fully in place throughout the country, a set of legally tradable second-hand houses is sufficient for the examination of the certificate of real property rights; in the case of old houses without a change of certificate, both certificates of ownership of the house, the state land use certificate (a part of the original house certificate has been incorporated into the real estate registration process), and unlicensed houses can never be traded。
3. The co-owner must give his or her full consent: if the house is common property of the spouses or is shared by several relatives, all co-owners must sign in person to consent to the sale and keep a copy of each person's identity card. This is an explicit requirement in the civil code for the disposal of joint property, and a subsequent property dispute may arise with a small number of signatures。
Iii. Premiums, downs, good faith. Don't be stupid
The difference between the words “three gold” and “three gold” in the second-hand house deal is that the legal consequences are very different
Advances and good faith: are essentially “intentional funds” and are not legally binding. When the parties disagree, the money can be returned in full, free of interest, and if so, it can be agreed to automatically convert to part of the down payment。
2. The deposit: is expressly protected by the civil code contract and is legally binding. Once the down payment has been made, the buyer is not entitled to return the down payment; the seller is required to double the down payment. It is therefore important to see whether the contract reads “fixed” or “ordered” before signing the money。
Iv. Who will bear the taxes and fees? Don't be an asshole
The taxes and fees of the second-hand house trade are detailed, and many buyers are kept in the dark in order to cover all expenses themselves, although the state has made it clear that:
Common taxes and charges include deed taxes, personal income taxes, value added taxes and surcharges。
- the tax is a statutory tax of the buyer, which must be paid by the buyer at a rate based on the size of the house, the number of flats purchased by the buyer
- personal income tax and value added tax (in the event of a transaction of less than two years for a house) are the seller's taxes and fees, as they are revenue taxes derived from the seller's transfer of property。
In practice, however, many sellers would require “net prices” to pass on taxes to the buyer. It teaches you an internal skill: if it is the buyer's market, with a large supply of houses and a small number of buyers, you can speak to the seller and ask the other party to pay its own taxes and value added tax; if it is the seller's market, it can only be divided between the two parties, so as not to make a mistake。
V. The nature and age of the land, it must be clear
The purchase of a house depends not only on the house itself, but also on the nature of the land, which is directly related to whether the house is properly traded and valuable:
1. Subdivision and concession of land: the transfer of land is generally made in the form of welfare, demolition and resettlement units, which are subject to the requirement that the concession be paid in full, before the concession can be converted into a concession; the concession is in the form of a commercial building, without any additional cost。
2. Land-use verification: the statutory maximum age for residential land is 70 years, for commercial land 40 years and for industrial land 50 years. The length of the land is calculated from the time the developer took the land, not from the time the house was purchased. If a house has only 30 years of use and a seller sells it at 70 years' worth of property, you'll lose it
Vi. A contract for the purchase of a dwelling, the details of which must be written to death
Many used-room disputes were due to the vagueness of the contract. As an insider, i suggest that the contract should be clear about these elements, and not one word should be vague:
1. Basic housing information: precise address to the number of the sign, the size of the building, the size of the suite, the type of household, the use of the house (whether it is a residential or commercial) and avoidance of the concept of shoplifting
Prices and means of payment: the total amount of the house, the amount of the down payment, the amount of the loan, the amount of the down payment, and the time and terms of payment of each money, such as “disbursement of the end of the household within three working days of the transfer”, rather than the vague term “presumably” as “as soon as possible”
3. Time of transfer of title and liability for breach of contract: an express agreement on the date of the transfer to the real estate registration centre and on the amount of default money to be paid by the defaulting party after one day to avoid delay by the other party。
Vii. At the time of admission, these costs must be settled
It doesn't mean everything's better. You have to let the seller pay for this, or you have to pay for it:
Water, electricity, gas, property, cable television, broadband and space management. The best course of action would be to follow up the billing with the seller at the corresponding office, settle the charges on the spot and issue invoices, then process the change of name, and allow the property to produce a “no-deficit certificate” to avoid the seller's running。
Viii. Relocation of accounts
In order to buy second-hand homes, especially in order for children to go to school, attention must be paid to the issue of household registration. The country has a “one-household” household registration policy, which can only be moved by the new owners if the former owners have completely removed them。
It must therefore be clear in the contract how many days after the transfer of the former owner's account and, if overdue, the amount of default money to be paid each day. Don't worry, i've seen too many buyers because they didn't write about it, bought a house for years, couldn't move in, and kids went to school。
Housing rental, without neglecting “sold and sold rents”
If the house in view is still being rented, it should be noted that our civil code clearly establishes the principle of “buy-and-buy lease”: even if the house is sold, the original lease contract remains valid and the tenant has the right to stay until the end of the lease term。
So before buying a house, you have to ask: "did the house be rented?" when's the lease? Does the tenant waive the right of priority? If the seller didn't tell you that, you'd probably buy a house and you wouldn't be able to get in. You'd have to wait until the lease was over。
X. Special pits in degree rooms: have they been occupied
The parents who buy the degree, they have to find out! A “degree lock-up policy” is now in place in most municipalities throughout the country, after which a degree in a set of houses is used, it takes six to nine years to be reused, depending on the local education authority。
Before buying a house, it is therefore important to have the seller cooperate in a search with the board of education or the enrolment office of the corresponding school to confirm whether the degree in the house has been occupied; if so, ask when it will be released. Don't buy a degree at a very expensive price and find out that a child can't go to school。
It's a second-hand house transfer
1. Contract-signing: the buyer and seller sign an official contract for the purchase of the house and then go to the real estate registry to check the file to confirm that the house is free of collateral, seals, freezes, etc., restrictions on the transaction, and that the file will go down with no problem。
2. Tax transfer: on the basis of the results of the inspection and the housing situation, the relevant taxes and fees are prepared and paid at the tax office window, and upon receipt of a certificate of tax, a new certificate of real estate ownership is obtained at the real estate registry。
3. Keys for the receipt of the final payment: the buyer will pay the seller the latter after having obtained the certificate of title to the real estate; the seller will return the key after all cost of living has been settled and the parties will go together to deal with the property, including water and electrical transfer, settlement of property expenses, etc., before the transaction is truly completed。
What pits did you meet when you bought a used room? What do you think is most important? Welcome to the comment section to share your experience and help more people avoid the pits
