The so-called "yin-yang contract" means that the parties to the contract conclude two or more contracts with different contents on the same matter, one for internal and the other for external, which is not the true intention of both parties, but for the purpose of evading state taxes; The internal copy is the true meaning of both parties, which can be written or oral. "Yin-Yang contract" is an illegal act, which not only brings benefits to the parties, but also indicates risks.
First, what should I do if I encounter a second-hand house yin-yang contract?
1, the first treatment method-if the two contracts signed need neither approval nor filing according to regulations, the actual contract shall prevail. Some court cases are based on the time after the contract price. Unless there is evidence that the previous contract price is a false price signed for tax avoidance and loan fraud. However, it should be noted that this burden of proof is borne by the dissident, that is to say, whoever thinks that the previous contract is false should bear this burden of proof.
2. The second treatment-if the contract needs to be filed, the filed contract shall prevail, which is a general principle; However, if the recorded contract is not actually performed, but there are illegal interests in the actually performed contract, the actually performed contract shall prevail, and the rest shall be executed according to the recorded contract. There is no agreement in the record contract, and if there are relevant contents in the hidden contract, the agreement in the hidden contract shall prevail.
Second, what should second-hand housing buyers pay attention to?
1, check whether the ownership of the second-hand house is true, complete and reliable, and review the relevant documents of the "two certificates" of the house. Houses without two certificates may not be bought or sold.
2. It depends on whether the house is owned by * * *. If it belongs to * * *, it needs the consent of other * * * people. According to the regulations, if the second-hand house belongs to more than two (including two) subjects, the written consent of the owner of the second-hand house to transfer should be reviewed (submitted).
3. Before the second-hand house transaction, the buyer should check whether there are other creditor's rights and debts disputes in the house. Whether the state and Nanchang administrative organs, such as people's courts, people's procuratorates, public security organs, etc. , has been sealed.
4. Second-hand housing mortgage should be reviewed. If there is a mortgage, it shall obtain written evidence that the seller has notified the mortgagee, or obtain the written consent of other obligees such as the mortgagee to transfer.
5. It depends on whether the purchased second-hand house belongs to the house that is allowed to be sold, because some units still retain the preemptive right when the public houses are "restructured". Because in accordance with the relevant provisions of the housing reform, the housing purchased by urban workers at the standard price or cost price shall not be listed and traded within 5 years after purchase; Five years later, if the house is sold, the original property unit also has the preemptive right. If you buy such a house, there may be problems.
6. It depends on whether the construction area of the purchased second-hand house is accurate, because sometimes the actual area of the house sold does not match the area indicated in the real estate license, and the area of the house sold in the contract is subject to the area indicated in the real estate license.
7 to investigate the quality of housing, lots, environment, price, structure, pattern, lighting conditions, property management and so on.
After reading the above, if you encounter a second-hand house yin-yang contract, do you know what to do if you encounter difficulties? I hope it helps you.
(The above answers were published on 20 17-03-06. Please refer to the actual situation for the current purchase policy. )
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