There will be many high-risk houses in second-hand houses now. Here is a reminder, please pay attention to avoid stepping on the pit.

1. The seller cannot provide the real estate license.

Second-hand houses without real estate licenses cannot be transferred, nor can they go through formalities in the Housing Authority. Only the real estate license can prove the ownership of the house. Buying a house without a real estate license takes a lot of risks and the rights and interests are not guaranteed.

Therefore, property buyers must be alert to the seller's delay in paying the real estate license or just show the buyer the real estate license that has been photographed instead of the real thing.

2. Selling houses without the consent of other property owners

If there is more than one owner of a house, all owners must agree to buy a house. If someone disagrees, the sale is invalid. Even if the transfer is completed, you can only check out after the property owner investigates.

At the time of transfer, all * * * property owners must be present to sign. If someone can't come, the other party should provide a notarized power of attorney to minimize the risk of default.

3. Real estate sealed up or detained by relevant departments.

If you buy a house that has been sealed up or detained, you may not be able to trade it, otherwise the down payment you paid for buying a house will be in vain. The reasons for the seizure of the house are complicated, both malicious and unintentional.

The reason may be that the house price rose sharply, and the seller colluded with a third party to forge the creditor-debtor relationship, which led to the seizure of the house property and forced the transaction to stop; It may also be that the house sold by the seller belongs to the seller in the registration, but it is owned by the family according to the regulations. Someone filed a lawsuit and seized the property.

There are many reasons, and buyers are often hard to prevent. If the house involved in litigation is preserved, the seizure period will be very long, and the house cannot be transferred during the seizure period.

4. Unsecured property

Nowadays, housing prices are high, and many sellers buy houses with loans. A house that has not paid off the bank loan is called a mortgage house. According to the regulations, it must be an unsecured property before it can be transferred.

So to buy such a house, the buyer needs to go to the bank to cancel the mortgage (so-called "foreclosure"). If the house has made other guarantee arrears, the buyer must pay off the guarantee before he can apply for mortgage.

5, illegal construction of houses

If the house is illegally built, according to the relevant regulations, it cannot be bought, sold, transferred or mortgaged by any legal means before the house is demolished and restored to its original state.

There are two kinds of illegal buildings: one is that the legal land use right has not been obtained; One is to obtain relevant approval documents such as construction project planning permit according to law.

6. Rental housing

One of the legal principles of our country is that "sale does not break the lease", that is, the sale of houses cannot compete with the lease sale established before.

Even if the property right of the house changes, as long as the lease contract has not expired, the lessee has the right to live in it, and the original lease contract continues to be valid for the lessee and the new owner.

7, was identified as dangerous houses.

Once a house is recognized as a dangerous building, it loses the value and significance of living. Therefore, buyers should know the age and structure of the house when buying a house, and make a preliminary judgment on whether the house belongs to dangerous buildings.

8, there are too many untreated housing reform.

Housing reform is the welfare given by the unit to employees, and the area is determined according to the administrative level and length of service of employees. If it is determined that the original property right unit exceeds the standard during the second transfer, the problem of exceeding the standard must be handled well before listing and trading.

Second, how to buy a second-hand house by mortgage? Is there any risk to the seller?

In the sale of second-hand houses, the seller's only risk is that the buyer will not pay the final payment after the transfer, but this will not happen in normal operation. The transaction process is as follows:

1. Sign the contract.

2. Sign a loan contract with the bank (there is no full payment step).

3. Go to the Housing Authority for transfer after approval (if the house is purchased in full, the buyer will pay the final payment at the time of transfer, and then take delivery unilaterally).

4. Take the title certificate to the bank after the transfer (the full sale ends here).

5. Bank loans.

Extended data:

Division of property:

1. After marriage, a man and a woman buy real estate in the name of one or both parties, and the property right is registered in the name of the individual or both parties, and the mortgage loan is repaid by both parties after marriage.

As long as there is no special agreement between husband and wife, the property should be owned by the husband and wife, and the unpaid mortgage to the bank is a debt. Because according to the relevant provisions of China's marriage law, the property obtained during the existence of the relationship between husband and wife belongs to both husband and wife, unless the parties have agreed.

2. The property purchased by a man and a woman in the names of both parties after marriage is mortgaged in the name of one party, and the loan is repaid by one party, which shall also be regarded as the joint property of husband and wife. As long as the house acquired during the existence of husband and wife, whether there is any special agreement or not, whether it is registered in the names of both parties or one party, it belongs to the joint property of husband and wife.

For the above-mentioned property division, if both parties have obtained the property right of the house after marriage, in this case, the property owned by the husband and wife is the same, regardless of the name of one party or both parties on the property ownership certificate. When dividing the house value, it is calculated according to the market price, not according to the original purchase contract amount; If loans are involved, the loan part should be deleted first.