A: The Scout Law Online Consultation will answer your questions.
The house purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus according to the Contract Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and regulations. Then, can the purchase contract be loaned?
1. Can I borrow money from the house purchase contract?
If you have a contract, you can get a loan. Buying an auction house by mortgage means using a contract to handle a loan. Second-hand housing should have a real estate license first, then transfer and then lend. Only when you have a household registration book can you apply for mortgage loans at credit cooperatives and China Merchants Bank. Only contracts can't apply for mortgage loans.
1. 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 property right certificate of the developer's big house is completed, it will be more difficult to cancel the filing.
2. Let him handle the real estate license, and then you transfer the ownership. This method is not very good, because he needs to pay the deed tax when handling the real estate license, and you also need to pay the deed tax when transferring the ownership, so you pay two yuan, and you count this as a second-hand house mortgage loan, and the down payment of the loan is relatively high! Your landlord's mortgage sale is troublesome, so I suggest you adopt the first method.
Second, matters needing attention when signing a house purchase contract
1, find out the parties in the contract
In the process of buying and selling new houses, the contract signing involves two parties: one is the buyer and the other is the developer. Property buyers, that is, the "buyers" in the purchase contract, will become the owners recorded in the housing property certificate; Need to pay the house price; Once the contract is violated, it shall be liable for breach of contract.
2. Verify the housing situation: When looking at the house, we should start from the following aspects: housing construction, housing community and housing rights. The verification of these conditions will help you control the actual cost and risk of the transaction; Liability for breach of contract.
3. Clear transaction procedures: Second-hand housing transactions can be divided into several steps: house inspection, contract signing, down payment according to the contract, transfer, delivery and balance payment. These steps need to be paid attention to: keep the transaction evidence, transfer the ownership only when everyone on the real estate license is present, and check whether the other party has paid the property fee, water, electricity and gas fee when handing over the house; This is a very important thing to pay attention to when signing a house purchase contract. If you don't know anything about the transaction process, it will be very troublesome in the future and may bring you losses.
4. 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.