1. You can get a loan if you have a contract. Buying a faster house by mortgage is a contract loan. Second-hand housing must have a real estate license first, then transfer ownership, and then loan. Only when you have a hukou can you apply for a mortgage loan at a credit cooperative and China Merchants Bank. Only contracts can't apply for mortgage loans.
2. Negotiate with the development company to cancel the filing and sign a new contract, so that even if you buy a first-hand house, you can pay a down payment of 30%. However, if the developer's big house property certificate is completed, it will be more difficult to cancel the filing.
3. In the process of buying and selling new houses, the signing of the contract involves two parties: one is the buyer and the other is the developer. Property buyers, that is, the "buyer" in the purchase contract, will become the owner recorded in the real estate license; Need to pay the house price; Once the contract is violated, it shall be liable for breach of contract.
4. When looking at the house, we should start from the following aspects: housing construction status, housing community status and housing rights. The verification of these situations will help you control the actual cost and risk of the transaction; Liability for breach of contract.
5. Second-hand housing transactions can be divided into several steps: looking at the house, signing a contract, giving down payment according to the contract, transferring ownership, handing over the house and giving the balance. These steps need to be paid attention to: keep the transaction evidence, only when everyone on the real estate license is present can the transfer be made, and check whether the other party has paid the property fee, water, electricity and gas fee when handing over the house; This is very important in the matters needing attention in signing the purchase contract. If you don't know anything about the transaction process, it will be very troublesome in the future and may bring losses to yourself.
6. Clarify the liability for breach of contract: Clarify the strict liability for breach of contract with the seller, which is the guarantee for both parties to perform the second-hand housing sales contract in good faith. In practice, small down payment punishment or simple "the breaching party should bear the losses of the observant party" lacks practical effect.
2. Can a house purchase contract be loaned?
You can get a loan if you have a house purchase contract, but you can only get a mortgage from the bank if you provide a real estate license. Only the contract can't be done. Although only the house purchase contract cannot be used for mortgage loan, other loan methods can still be used for loan. Although only the house purchase contract cannot be used for mortgage loan, other loan methods can still be used for loan. 1. Credit loan. As long as your income is stable and your credit is good, you can apply for a credit loan. The loan interest rate of credit loans usually fluctuates on the basis of the benchmark interest rate, and the loan amount is mainly determined by the borrower's credit and income. Second, secured loans. You can also apply for a secured loan if you have a qualified guarantor as a guarantee. The amount of the secured loan is determined by the repayment ability of the borrower and the guarantor. If the secured loan is not paid, the credit of the guarantor will be affected while bearing the compensation. Third, car mortgage. If you have a car in your name, you can also use the car as a mortgage to get a car mortgage. Usually, it is easier for a loan company in automobile mortgage to handle it, and the loan amount in automobile mortgage will be slightly higher. At the same time, borrowers can choose whether to apply for mortgage loans. But the car loan is conditional and the value of the car will be evaluated, so you have to consult the relevant bank in advance to use the car loan. 4. What preparations do buyers make before they get loans? (1) Assess the borrowing capacity. First of all, it depends on whether you have a down payment of not less than 30% of the purchased house price, because most real estate developers have this hard leverage requirement. Secondly, we should fully evaluate our ability to repay the principal and interest of housing loans every month, that is, whether the monthly household income mainly refers to the financial assets with strong liquidity such as wages, and whether the monthly necessary expenditure refers to the difference between the necessary expenditure of daily life and the reserve fund, which is greater than the monthly repayment of the loan principal and interest of housing loans. (2) Choose loan varieties skillfully. At present, there are three kinds of loans: personal housing provident fund loans, personal housing commercial loans and personal housing decoration loans. Judging from the loan interest rate, the interest rate of "individual housing provident fund loan" is the most favorable. Personal housing provident fund loans have the advantages of low loan interest rate, reduced loan-related fees, and combined use of family members' provident fund loans. Therefore, as long as employees pay the provident fund in full and on time, they should first apply for the provident fund loan with the largest amount and the longest term that they can get.
3. Can I get a loan by buying a second-hand house?
Legal analysis: only the purchase contract can not be loaned. The developer takes the house, first signs the purchase contract, then lends money, and then the real estate license is handed over to the bank by the developer. However, the parties can't borrow money from the purchase contract, and the bank won't lend money to the parties. Second-hand housing should first apply for real estate license and then loan. Only when you have a hukou can you apply for a mortgage loan at a credit cooperative and China Merchants Bank. Only contracts can't apply for mortgage loans.
Legal basis: Article 11 of the Measures for Housing Registration stipulates that an application for housing registration shall be submitted to the housing registration agency where the house is located, and the original registration materials shall be submitted. If the original cannot be provided, a copy confirmed by the relevant department to be consistent with the original shall be submitted. The applicant shall be responsible for the application for registration, and shall not conceal the real situation or provide false materials to apply for housing registration.