1. What are the risks of buying a house with a loan?
Buying a house with a loan may be risky for real estate developers, and risks also exist for property buyers.
(1) The real estate agent has seriously delayed the delivery deadline, failed to fulfill the delivery obligations on schedule, or failed to complete the real estate development, resulting in the inability of buyers to obtain real estate.
(2) Real estate developers sell one room and two rooms. It refers to the behavior that a real estate developer signs a sales contract with a second buyer for the same commercial house after signing a contract with the first buyer and before handling the registration of the ownership transfer of the commercial house.
(3) The implementation of the country leads to the fact that buyers no longer meet the conditions for purchasing houses, which leads to the inability of real estate developers to handle relevant property certificates for buyers. Once the house price rises in this process, real estate developers may resell the house to others because the buyers do not meet the requirements, and ask the buyers to bear the responsibility.
(4) If the buyer's funds are broken and the house payment cannot be paid on time, the real estate agent will consider the buyer to be in breach of contract, and the buyer's default cost will increase.
Second, how to prevent the risk of buying a house with a loan
(1) Carefully select real estate developers and develop real estate.
(2) After signing the contract, we should always pay attention to the trend of the purchased real estate, and exercise it in time if we find that the real estate agent has breached the contract. According to articles 68 and 69, the obligation to pay can be suspended. According to Article 68, property buyers need to provide materials to prove that the directors' operating conditions have seriously deteriorated; Transfer property and withdraw funds; Loss of business reputation; In other circumstances where the ability to perform debts is lost or may be lost, the buyer shall perform the obligation of informing in accordance with the provisions of Article 69. The above provisions, in the actual operation of buyers and sellers, due to the serious inequality of information acquisition ability, make the possibility of the buyer to exercise this legal right greatly reduced. So buyers need to pay attention to collecting evidence.
(3) If one house is sold for two purposes, the buyer can claim rights from the real estate agent. According to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sale Cases, if the purpose of the commercial housing sale contract cannot be achieved because the seller sells the house to a third person after the sale of the commercial housing, and the buyer cannot obtain the house, he can request, return the paid house price and interest, compensate for the losses, or ask the seller to bear the compensation liability of not more than twice the paid house price. Because, after the real estate agent went through the transfer registration formalities for the second buyer, the second buyer obtained the ownership of the house according to law, and its sales contract was actually fulfilled, which also represented that the real estate agent implicitly refused to perform the sales contract of the first buyer.
If the second buyer obtained it in bad faith through a real estate agency, the buyer can request confirmation of the commercial housing sales contract concluded between the seller and a third party on the grounds that the seller entered into another commercial housing sales contract in bad faith and delivered it to a third party according to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts, which should be supported. As long as there is enough evidence, the court shall support the buyer to be invalid after requesting confirmation. However, if the court wants to confirm that the contract is invalid, it must be exercised by the first buyer. If the first buyer does not exercise this right, the court cannot take the initiative to confirm that the buyer's contract is invalid. However, after the first buyer gives up the invalid claim, he can still exercise the punitive claim stipulated in the judicial interpretation.
(4) At that time, if the purchase restriction policy continues and the real estate agent cannot perform the contract, according to the relevant provisions of Article 94 of the Contract Law and Articles 8, 9 and 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Disputes, the buyer can terminate the contract by means of agreed dissolution or legal dissolution, notify the other party, or demand compensation, and have the right to request compensation.
Of course, buyers who choose to pay by installment can also guard against possible risks from the terms when signing the contract. For example, before the ownership of the house is transferred to the buyers, the property management fees and urban taxes will be borne by the real estate developers; Before the ownership of the house is transferred to the buyer, the conditions and procedures of the house decoration, who will bear the decoration expenses, the ownership of the attached property formed by the decoration, the disposal of the attached property formed by the later decoration, and the legal responsibility arising from the decoration process. Before the ownership of the house is transferred to the buyers, the risk of accidental damage or loss of the house belongs to the real estate developers and so on.
Now, not only buying different types of real estate will have certain risks, but even under different payment methods, it will actually bring certain risks to property buyers. In reality, some measures can be taken to prevent these risks, so as to reduce the losses caused by risks.