Specific situation analysis:
First, the contract signed before buying a house is very important. After the house is settled and a certain amount of deposit is paid, the developer will sign a book about the house. At this time, the developer is required to provide a model commercial housing sales contract and a supplementary agreement. After getting it, we have enough time to study the relevant terms, determine some key aspects in the process of signing a contract with the developer, and do some preparatory work for signing the contract.
Second, before signing the contract, we should re-check the relevant documents of the real estate project, such as the land use certificate and sales license of the project. When signing the contract, we should re-examine these documents, which mainly include land use permit, construction planning permit, construction land permit, commencement permit, and most importantly, Beijing commercial housing sales or pre-sale permit. According to the relevant regulations of Beijing, the original certificate of the sales license should be hung on the sales site, and you can see the original certificate at the sales site. If you see that this project is an existing house, the developer says that the house does not need to apply for a sales license, and you should ask the developer to show some other documents. If you see the original sales license, you can also check whether the sales license number is consistent with the approved scope through the Internet.
Then there is whether the land certificate is mortgaged. The land use certificate has a remarks page. If the developer provides a development loan to the bank, it will be indicated on the land use certificate. There is also the business license of the developer, and whether there is a land business license of the real estate developer in the business scope. If it is a sales agency, it is necessary to review its qualifications, such as license and power of attorney with the developer.
Third, you need to bring some relevant documents. If you are from Beijing, you need to bring your ID card. If you buy affordable housing, you need to have your household registration book. If you are from other places, you need to have an ID card and a temporary residence permit. If you buy a house by a company, you need to have a photo of your business.
Fourth, in some procedures before signing the house purchase contract, if the buyer and the seller, that is, the owner can't sign the contract in person at the sales site, they need to sign the power of attorney in advance and be fair. If/kloc-people under 0/6 buy a house, for example, parents buy a house and write their children's names. If they are guardians of minors, they must go to the notary office for notarization before signing the contract.
If a house is bought or sold after marriage, the husband and wife shall sign a house purchase and sale contract respectively.
China's "General Principles of Civil Law" stipulates that the disposal of joint property must be agreed by all co-owners, otherwise the disposal behavior is invalid. Therefore, in the sale of second-hand houses, buyers and sellers should pay special attention to whether there is a situation in which housing owners share ownership. As the ownership of real estate adopts the registration system, all house owners should sign real estate sales contracts at the time of transaction, and buyers should pay attention to the authenticity of these signatures. Except for minor's signature, which can be signed by parents, other signers must have legal written authorization and should be notarized by a notary office. It should be noted that if only one party's name is registered in the sub-property rights of the house as the joint property of the husband and wife, the buyer needs to confirm that the wishes of both husband and wife to sell the house are the same.
A bank loan depends on what kind of loan it is. If it's a house mortgage, that's for sure. The reason is that the house belongs to the common property of both husband and wife, so both parties enjoy the same right to dispose of it, and neither party can make a claim on behalf of the other.
Therefore, if the property jointly owned by husband and wife is to be mortgaged, the written consent of the co-owner must be obtained.
Whether buying or selling a house or a bank loan requires my signature and the presence of both husband and wife, or a notarized client.