Current location - Loan Platform Complete Network - Bank loan - What are the risks of selling a house? How to prevent the risk of selling houses?
What are the risks of selling a house? How to prevent the risk of selling houses?
Legal analysis: seller's risk:

1. The buyer is not qualified to purchase the house or the loan funds are not enough to pay all the house price, which leads to the failure to perform the contract and the transaction is terminated;

2. I don't want to sell the house, and I have to pay a huge penalty;

3. After the second-hand housing transaction contract is signed, the bank will not lend money (buyer's factor);

4. The house has been transferred, and the final payment cannot be obtained.

Risk prevention:

1. Sign a deposit contract to guarantee the performance.

The deposit is the money paid by the buyer to the seller to ensure the repetition of the contract, which has the effect of the contract. After the seller accepts the deposit, if the buyer reneges, you have the right to confiscate the deposit; On the other hand, if the seller goes back on his word, he must return it twice.

2. Sign the contract carefully to prevent problems.

(1) truthfully inform the buyer of the physical condition and rights of the house, so that it can be stated in the contract;

(2) Voluntary provision of "three certificates": if there are * * * people, proof that * * * people agree to sell the house must be provided; If there is mortgage, provide the certificate that the mortgagor has been notified in writing; If the house has been rented, provide a written proof that the lessee waives the preemptive right;

(3) The transaction process must be linked to the house payment, so as to ensure that the house payment can be obtained before and after the house transfer.

3. Get a loan commitment from the bank

When signing the contract, the buyer usually only pays the down payment, and the rest is paid by the bank after the transfer. However, the bank only pays according to the buyer's instructions. If the buyer cancels the loan after the house transfer and before the bank lends money, the bank will naturally not lend the seller any more, so the seller had better obtain the loan commitment from the buyer's loan bank.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 495 Subscription Book, Order Book, Appointment Book, etc. A contract that the parties agree to conclude in a certain period of time in the future constitutes an appointment contract.

If one party fails to perform the obligation of concluding a contract as stipulated in the appointment contract, the other party may require it to bear the responsibility for violating the appointment contract.

Article 509 The parties shall fully perform their obligations as agreed.

The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

During the performance of the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.