What should the seller do if the buyer maliciously fails to pay the final payment? At this time, we have to worry about whether the buyer will use the house to do other mortgage and transfer things. The seller should immediately go to the local real estate bureau to inquire about the property rights of the subject property and the property as a guarantee, and then supplement the agreement: "The current transaction situation and the agreement between the two parties that the property cannot be transferred without paying the mortgage guarantee procedures, and finally file it with the real estate bureau. This can avoid further losses and prevent people from mortgaging or transferring property. Mortgage guarantee procedures, and finally in the real estate bureau for the record. This can avoid further losses and prevent people from mortgaging or transferring property.
What should the seller do if the buyer can't get a loan because of credit problems? According to the legal nature of the sales contract, buying a house without paying the final payment is a breach of contract. If the payment fails to be made within the payment period stipulated in the contract, the seller may propose to terminate the contract.
So the seller can transfer the house back at this time.
If the contract fails to reach the payment deadline, the seller may send a notice to the buyer and pay the final payment within the deadline. If the buyer fails to do this, the seller also has the right to terminate the contract and transfer the house back.
How to avoid the above situation? If the house can be paid in one lump sum, then there is no operation to inquire about the buyer's credit information. However, in reality, there are still many mortgage buyers. At this time, the seller must first understand the other party's credit information and loan amount. Only in this way can you ensure that the other party has the ability to pay off the balance.
Before signing the transfer contract, the seller should ask the other party to contact the bank to evaluate the loan amount to ensure that there is no problem in signing the transfer contract.
This situation generally occurs in the second-hand housing market, and some buyers need to apply for a mortgage from the bank to pay off the balance. However, because the buyers are eager to solve the housing problem, I hope that the sellers can allow the down payment before the transfer. At this time, the seller doesn't know how to choose, and he doesn't want to lose customers, and he is worried that he can't pay the final payment.
Shall we transfer the ownership to him first, or wait until the final payment? First, we must first transfer ownership.
Of course, it is best to be able to pay the full amount, but if you want to pay the down payment first and then the final payment, you must first agree to transfer.
Because the bank won't agree to lend money without entering the door, the buyer can't have a mortgage, and the natural seller can't receive the final payment.
This is a normal process.
Second, contractual constraints.
Since the normal mortgage process is like this, the seller can only control some risks through contract constraints.
For example, the contract stipulates that if the bank loan is unsuccessful, then the buyer needs to perform the payment himself; For example, after receiving the final payment, we will complete all the procedures for closing the house, and then carry out a series of property delivery.
So how long can the bank lend money after the house is transferred? This time is different. According to the different forms of personal loans, the time to receive bank loans is also different.
1. If it is a commercial loan, it usually takes 15 working days to receive the loan after the real estate license is completed;
2. If it is a provident fund loan, it usually takes 7 to 15 working days, and the time is relatively fast;
3. If it is a combination of two kinds of loans, it will take longer, usually 2 months or even 6 months to receive the loan.
Generally speaking, the transaction of second-hand houses is very complicated, but the procedural flow of second-hand houses is the same. Therefore, don't disturb the transaction procedure at will by your own temper, which will not only be recognized by the Housing Authority, but also by banks. In the end, there is no way to conduct normal transactions, which will also bring unnecessary losses to the seller.
Finally: in the process of second-hand housing transactions. First of all, the seller should cooperate with the buyer to conduct property right investigation to ensure the safety of house sale; Buyers should also cooperate with sellers to prove their purchasing power, so as to ensure the smooth implementation of the agreement.
Secondly, in reality, people will choose a real estate intermediary company with high credibility to help both parties reach a deal, so I also want to remind everyone to find a formal big intermediary company, because in case of any problems, there will always be corresponding countermeasures and their own team of specialized lawyers.
Finally, I would like to remind you that there are many uncertain factors in reality, such as payment methods, time and other important issues, which must be implemented in the contract and cannot be entrusted to intermediaries or unfamiliar people. At the same time, as a real estate agent, you can't use the agency fee to facilitate the transaction and hide some important information that may affect the transaction from both parties.
In short, be careful to sail for ten thousand years!