Second-hand housing belongs to the scope of contract law. If a house is demolished after buying and selling a second-hand house, the owner of the house can get compensation for demolition. Demolition is generally based on monetary compensation or property rights exchange. In accordance with legal procedures, the value of the property rights of the demolished houses is evaluated, and then the value is replaced by the property rights of the newly built houses. Area standard property right exchange refers to the exchange of property rights in different places based on the construction area and without settlement of the price difference within the resettlement area. The amount of monetary compensation includes the compensation price of collective land, residential houses and the compensation price of land ownership position of homestead.
Second-hand housing transaction process
(1) Field inspection;
(2) sign a contract and pay the deposit;
(3) Go through the loan procedures. Both parties go to the loan bank to handle the loan formalities, and after the bank approves the credit of the loan applicant, it will notify both parties to complete the property right change. After the buyer receives the property right certificate, he will apply for another right certificate, and after the other right certificate is issued, the bank will issue a one-time loan to the owner;
(4) handle the handover procedures;
(5) Paying taxes and fees;
(6) Handling property rights procedures;
(7) Pay the balance and hand over the house.
Legal basis:
regulations on the expropriation and compensation of houses on state owned land
Article 17
The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.
Article 22
If the relocation is caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.
Article 23
Compensation for losses caused by the expropriation of houses shall be determined according to the benefits before expropriation and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 24
The people's governments at the city and county levels and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with acts of construction in violation of urban and rural planning according to law. Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.