First of all, houses with mortgages and outstanding loans can be bought and sold, but the transfer procedures in the transaction process will be more complicated than the normal second-hand housing transaction process, and the risk will be higher than that of second-hand housing transactions without loans. However, if property buyers trade through formal intermediaries, the transaction risk can also be controlled. Here is a detailed introduction to the relevant precautions for buying a house with a loan.
First, the risk of buying a house with a loan
When buying a house with a loan, in order to help the seller pay off the loan smoothly, the intermediary will ask the buyer to pay the down payment to the seller to repay the loan, so that the house can be mortgaged to the next transaction. This is also the main solution to the loan sale. But this time is usually the most prone to disputes, there are three main risks: first, the seller breaks the contract and reduces the price; Second, during the period when the buyer has paid the mortgage of the property, but has not yet handled the transfer, the landlord has a dispute over creditor's rights and debts; The third is the malicious fraud of the seller.
If this happens, the buyer is likely to suffer losses. Because before the house transfer, the property right of the house still belongs to the seller. If the seller sells the house to a third person privately after the mortgage is released, the property right of the house belongs to the third person; If the seller has a dispute over creditor's rights and debts, the court will freeze the property, and even if the buyer has paid the house price, he can't protect his rights and interests.
Second, ways to avoid risks.
Although many houses with loans can be bought and sold, buyers should carefully confirm the ownership of the house, whether they can apply for two certificates, whether the bank agrees to repay the loan in advance, whether the house is occupied, and confirm that there is no possible transaction risk before buying the house.
Need to remind buyers that if the seller asks the buyer to repay the loan first and then transfer the ownership, then when buying a house, the payment method must be agreed first, and the buyer should carefully decide how to repay the loan for the seller. In addition, the time limit for repayment and transfer should be clearly defined to protect the interests of buyers from losses.
Of course, most buyers who buy houses with loans buy and sell through intermediaries, so we must pay attention to the purchase contract when buying houses through intermediaries. For houses with outstanding loans, buyers must stipulate the ownership and price, tax payment method, payment method, delivery period and liability for breach of contract in the contract, and restrain the behavior of the seller, the buyer and the intermediary through the contract to minimize the risk of buying houses.
(The above answers were published on 2016-01-18. Please refer to the actual situation for the current purchase policy. )
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