Second-hand housing transaction process
(1) Buyer consultation
The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.
(2) Sign a contract
The seller provides the legal certificate of the house, and the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign the house purchase contract (or house purchase contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
(3) the transfer of ownership
The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.
(4) contract
The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Now Beijing has cancelled the sales contract of real estate in the transaction process, which is also commonly known as "white deed"
(5) Pay taxes and fees
The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.
Matters needing attention in buying second-hand houses
1 Find out whether this "second-hand house" is a house that is allowed to be sold.
Because public houses are sold through "housing reform", some units still retain the preemptive right. Therefore, we must consult the original property unit to agree in writing to the transfer of the purchased house and sign it.
2. Understand whether the house ownership is true, complete and reliable.
Whether the owner of the house has a "* * * right" relationship with others, and whether there are other creditor's rights and debts disputes in the house. But the most important thing is that the seller must produce and provide legal "Property Ownership Certificate".
3 understand the exact construction area of the purchased "second-hand house"
As stipulated in the contract, the area of the house for sale shall be subject to the current real estate license, excluding other areas. In addition, we should also examine the location, environment, price, housing structure, pattern, lighting conditions and property management and other related issues.
4 understand the procedures for buying "second-hand houses"
Buyers and sellers who purchase "second-hand houses" must sign the House Sales Contract, and go through the formalities of sale registration, transfer and payment of taxes and fees stipulated by the state at the market transaction management department of the county land and housing management bureau where the house is located.
5. Understand the inspection details of indoor facilities.
Some owners often verbally assure customers when signing contracts that all aluminum alloy doors and windows, floors, air conditioners, cabinets and water heaters can be given away. As a result, when the house was actually handed over, the customer found that the doors and windows were demolished, the floor was pried, the house was in a mess, and the air-conditioning water heater promised by the owner disappeared.
6 payment method
In the process of signing the house purchase contract, the payment method must be one stroke at a time. For example, the buyer and the seller can agree on the payment method. When signing the house sales contract, the customer pays a deposit equivalent to a certain percentage of the house price to the owner or intermediary company.
7 delivery time
When signing the contract, it should also be clearly agreed that the inspection time is the working day after the transfer or other time agreed by both parties; Who will bear the expenses incurred before and during the house inspection; In addition, other agreements between the two parties also need to be indicated in the contract.
8 liability for breach of contract
It is best for the buyer and the seller to clearly indicate the responsibilities and obligations of each party when they agree in the contract, which is of great help to avoid disputes. Such as breach of contract, liquidated damages, overdue payment, overdue payment and other breach of contract.
The following second-hand houses cannot be bought.
1, generally speaking, there have been abnormal deaths (such as suicide, murder, malignant infectious diseases);
2, unlucky or always have an accident in the house, people living in the house, there are abnormal deaths (different from the first point, not necessarily died in the house, such as traffic accidents. ).
3. The imbalance of the five elements and the defects of the homestead itself are harmful to people and animals on the homestead;
4. In five lines of gossip, houses with bad air and wrong orientation, dead doors and ghost doors can be collectively called haunted houses!
5, the pattern of the room, or the surrounding feng shui makes people unlucky.