The real estate license is the only proof that the owner of the house has the right to ownership of the house, there is no real estate license of the house transaction for the buyer has a great risk of not getting the house. The homeowner may be able to mortgage or resell the property even if he does not have a real estate license in the future, and the homeowner may also mortgage or resell the property after obtaining it. Therefore, it is better to choose a house with a real estate license for the transaction.
(2.) Whether the property right of the house is clear
Some houses have a number of **** someone, such as heirs **** there, there are family **** there, there are husband and wife **** there, the buyer should be and all **** someone to enter into a contract for the sale of housing. If only part of the **** person without authorization to dispose of **** property, the buyer and its contract of sale without the consent of the other **** person is generally invalid.
(3.) Whether the trading house is being rented
Some second-hand houses are transferred with an in rem burden, i.e., they are still being rented by others. If the buyer only look at the real estate license, only focus on the transfer procedures, without paying attention to whether there is a lease when the buyer is very likely to get a property that can not be moved in or used in a timely manner. This is because China, including most countries, recognizes that "sale does not break the lease", which means that the contract for sale of a house cannot be used against a lease contract that has been established in the first place. In practice, this point is ignored by many buyers and agents, but also by many sellers to take advantage of the more disputes.
(4). Whether the land situation is clear
The buyer of second-hand houses should pay attention to the nature of the use of land, to see whether it is allocated or ceded, allocated land is generally free to use, the government can be recovered at no cost, cededed is the owner of the house has paid the land premiums, the buyer enjoys a more complete right of the house; should also pay attention to the use of the land, if a house has the right to use the land for 40 years, the owner of the house has been used for ten years, for the buyer whether it is the case of a buyer, the land use right of the house has been used for 40 years. Years, for the buyer should also be measured by the price of the same section of the land use right for 70 years of commercial housing, it is a bit uneconomical.
(5.) Whether the municipal planning impact
Some homeowners selling second-hand houses may have been aware of the house in 5 to 10 years or so to face demolition, or houses near the high-rise residential construction, may affect the light, price and other municipal planning situation, only to be eager to sell, as a buyer in the purchase of a full understanding of the details.
(6). Welfare housing is legal
Housing reform housing, housing projects, affordable housing itself is a welfare nature of the policy housing, there are certain restrictions on the transfer, and these houses in the nature of the land, the scope of ownership of the house has certain national regulations, the buyer to buy to avoid the contract of sale and purchase of conflict with national laws.
(7.) Whether the unit housing infringement
General unit housing has a cost price of staff housing, and standard price of staff housing, both of which the nature of the land for the allocation, the transfer of land use fees should be paid. Furthermore, for standard price housing general unit enjoys partial property rights, employees in the transfer, the unit enjoys the right of first refusal. The buyer who fails to pay attention to these may join the homeowner in violating the legal rights and interests of the unit.
(8) Whether the property management fees are in arrears
Some homeowners, when transferring the house, the property management fees, electricity and three gas (natural gas, heating, gas) fees for a long time in arrears, and has owed a considerable number of fees, the buyer is unaware of the purchase of the house, all the costs of the buyer may have to bear the full.
(9). Whether the agency violated the law
Some intermediaries violated the law by providing intermediary services, such as in the case of second-hand home loans, providing zero down payment services for the buyer, that is, the buyer to pay all the purchase price from the bank can be fraudulent loan out. The buyer thinks he has taken advantage of the situation, not realizing that if the bank discovers it, all the responsibility is likely to be borne by himself.
(10.) Whether the contract agreement is clear
The contract for the sale of second-hand houses is not as comprehensive as the contract for the sale of commercial properties, but some details should be agreed upon, such as: the main body of the contract, rights and guarantees, the price of the house, the transaction, the liability for breach of contract, dispute resolution, the date of signing and so on, should be considered in a comprehensive manner
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