Precautions in second-hand housing transactions:
1, housing procedures are complete
The real estate license is the only proof that the owner of the house has the right to ownership of the only certificate, there is no real estate license of the housing transaction for the buyer to not get the house of the great risk. The homeowner may be able to mortgage or resell the house with a real estate license, and even if he doesn't have one, the homeowner can still mortgage or resell the house after he gets it in the future. Therefore, it is better to choose a house with a real estate license for the transaction.
2, whether the house property rights are 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 all **** someone to sign 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, the transaction of whether the house is rented
Some of the second-hand house in the transfer, there is a burden in rem, that is, also be 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, the buyer is very likely to get a property that can not be occupied or used in a timely manner.
Because China, including most countries, recognizes that "sale does not break the lease", which means that the contract for the sale of a house can not counteract the lease contract that has been established in the first place. In practice, this point is ignored by many buyers and intermediaries, but also by many sellers to take advantage of the more disputes.
4, 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 homeowner has paid the land premiums, the buyer enjoys a more complete right to the house;
It should also pay attention to the land use of the years, if a house land use right is only 40 years, the homeowner is the right to use the land. The right to use the land is only 40 years, the owner has been used for ten 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, municipal planning whether the 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 housing near the high-rise residential, 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 projects, affordable housing itself is a welfare nature of the policy housing, there are certain restrictions on the transfer of these houses in the nature of the land, the scope of ownership of the house has certain national regulations, the buyer to avoid the contract of sale and purchase and the conflict of state law.
7, whether the unit housing infringement
General unit of housing at cost price of staff housing, and standard price of staff housing, both of which the nature of the land is allocated, the transfer of land use fees should be paid. Furthermore, for standard price housing general unit enjoys part of the 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 in the transfer of housing, its 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 this housing, all the costs of the buyer may have to bear the full.
9, the intermediary company whether the violation
Some intermediary companies to provide intermediary services, such as in the second-hand loan, for the buyer to provide zero down payment services, that is, the buyer to pay all the purchase price from the bank can be cheated out of the loan. The buyer thinks he has taken advantage of the situation, not realizing that if the bank discovers this, he may have to bear all the responsibility.
10, whether the contract agreement is clear
The contract of sale of second-hand houses, although not as comprehensive as the contract of sale and purchase of commercial properties, but for some details should be agreed upon, such as: the main body of the contract, the right to guarantee 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.
The tax regulations for the sale of second-hand houses are more numerous and complex, and the cumulative amount of taxes and fees is relatively large, so it is necessary to estimate the tax burden. According to the state regulations, the buyer should bear the deed tax, stamp duty, the seller under certain conditions should bear the business tax, urban construction tax, education surcharge, personal income tax.
Depending on the nature of the house being bought and sold and the actual situation in each place, taxes such as land value-added tax, real estate tax, handling fees, transaction management fees and other taxes may also be incurred. In addition, the nature of the house, the size of the area, the use of the house, the length of time to register the property right and other factors may also make the deed tax rate changes.
The buyer and the seller can learn about the tax items and rates from the professional personnel or the relevant departments according to the actual situation of the house to be traded.
Expanded Information:
p>Homebuyers buy second-hand houses pay attention to seven details:
1, figure out the ownership and then out. Before buying a house, be sure to figure out the ownership of the house, whether it is part of the property rights, *** have property rights, or no property rights. If the property rights of the house is unclear or there are disputes over property rights, the house is not good enough to buy.
2, clear house property rights do not lose. Only the right to use the house in the transaction process there are a variety of restrictions. When you buy a house, you should pay attention to whether the title certificate reflects full property rights or only the right to use.
3, it is important to find out the age of the house. Some homeowners in a hurry to get the house out of the house, may intentionally hide the time of completion of the house, the house should pay attention to the data on the real estate license mapping page, so as to understand the approximate age of the house.
4, clear building area and use area. Clearly the building area and the use of housing area is consistent with the certificate of title, whether there is the phenomenon of private construction, so as to avoid the purchase of housing area shrinkage.
5, a detailed understanding of property management, security equipment, neighborhood environment, water and electricity supply. These factors may be directly related to the future quality of living.
6, a comprehensive study of the environment around the house. Focus on understanding the noise, noxious odors, water pollution, garbage, community hygiene and cleanliness.
7, beware of black intermediaries. Purchase of second-hand housing to find a formal agency, in order to prevent their own operational errors or black intermediaries to profit from.
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