The real estate license is the only proof that the owner owns the house. When a house is traded without a real estate license, there is a great risk that the buyer cannot obtain the house. The homeowner can mortgage or resell the real estate license, even if the real estate license is not obtained in the future, the homeowner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for second-hand housing transactions.
2. Is the property right of the house clear?
Some houses have several co-owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all co-owners. If only some co-owners dispose of the joint property without authorization, the sales contract signed by the buyer and other co-owners is generally invalid without the consent of other co-owners.
3. Is the transaction house rented?
Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If the buyer only looks at the real estate license and pays attention to the transfer procedures, but does not pay attention to whether there is a lease, it is very likely that the buyer will get the property that cannot be moved in or used in time. Because China, including most countries, recognizes that "sale does not break the lease", that is to say, the house sale contract cannot compete with the previously established lease contract. This point is ignored by many buyers and intermediary companies in practice, and also used by many sellers, thus causing more disputes.
4. Is the land situation clear?
Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner pays the land transfer fee and the buyer enjoys more complete rights to the house. We should also pay attention to the service life of the land. If the land use right of a house is only 40 years, and the owner has used it for more than 10 years, then it is a bit uneconomical for the buyer to measure it by the price of commercial housing with a land use right of 70 years in the same lot.
5. Does the municipal planning have an impact?
Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or high-rise residential buildings will be built near their houses, which may affect lighting, prices and other municipal planning conditions. As buyers, they should fully understand the details when buying.
6. Welfare housing is legal.
Housing reform, housing projects and affordable housing are welfare-oriented housing policies, which are subject to certain restrictions when transferring. Moreover, these houses have certain national regulations on the nature of land and the scope of house ownership, so buyers should avoid the conflict between the sales contract and national laws when purchasing.
7, whether the unit housing infringement.
Usually, unit housing includes cost employee housing and standard employee housing. Both types of land are allocated, and land use fees should be paid when transferring. Furthermore, for standard-priced housing, the general unit enjoys part of the property rights, and when employees transfer, the unit enjoys the preemptive right. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.
8. Is the property management fee in arrears?
When some homeowners transfer their houses, their property management fees, electricity fees and three gas (natural gas, heating, gas) fees are in arrears for a long time, and they have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.
9. Is the intermediary company illegal?
Some intermediary companies provide intermediary services in violation of regulations, such as providing buyers with zero down payment service when lending second-hand houses, that is, all the funds paid by buyers can defraud loans from banks. Buyers think they have taken advantage. Don't you know that if the bank finds out, all the responsibilities may be borne by him.
10. Is the contract clear?
Although the contract for the sale of second-hand housing transactions does not need to be as comprehensive as the contract for the sale of commercial housing, some details such as the subject of the contract, rights protection, house payment, transaction mode, liability for breach of contract, dispute settlement method and signing date should be clearly stipulated.