The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.
2. 20 15 second-hand house transaction transfer contract
The seller provides the legal certificate of the house, and the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign the house purchase contract (or house purchase contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
3. Handle the transfer of second-hand house transactions on 20 15.
The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.
4. 20 15 deed of transfer of second-hand house transaction.
According to the property right status and purchase object of the transaction house, the relevant real estate departments shall report it to the examination and approval level by level according to the examination and approval authority set by the transaction department in advance, and both parties to the transaction can go through the formalities of signing the deed. Now Beijing has cancelled the real estate sales contract during the transaction, which is also commonly known as the "white contract".
5. 20 15 tax payment for second-hand house transfer.
The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.
6.20 15 handle the transfer of property rights of second-hand housing transactions.
After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.
7.20 15 transfer of bank loans for second-hand housing transactions.
For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.
8.20 15 The transfer balance of the second-hand house transaction is used to complete the transaction.
After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and pays off all the property fees, the sales contract of the second-hand house of both parties is fully fulfilled.
20 15 matters needing attention in second-hand housing transaction
1.20 15 is the property right of the second-hand house transaction clear?
Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only some * * * people dispose of the property owned by * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.
2.20 15 notes on second-hand housing transactions. 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 has paid the land transfer fee and the buyer enjoys more complete rights to the house. 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 ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.
Three. 20 15 matters needing attention in second-hand housing transactions: Are the housing procedures complete?
The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading.
Four. 20 15 is the second-hand house for rent?
Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time. Because our country, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the house sales contract cannot compete with the previous lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.
5.20 15 is the welfare house in the second-hand housing transaction legal?
Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.
6.20 15 does the municipal planning of second-hand housing transactions 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 that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.
VII. 20 15 Matters needing attention in second-hand housing transactions whether the property management fee is in arrears.
Some owners have long been in arrears in property management fees, electricity fees and gas (natural gas, heating and gas) fees when they transfer their ownership, and 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.
VIII. 20 15 Precautions for second-hand housing transactions Whether the unit house is infringing.
The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. 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.
Nine. 20 15 does the second-hand housing transaction intermediary company violate the rules?
Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.
X. Is the contract clear?
Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.