For property buyers, buying a house is an important event, and any details in the process of buying a house should be treated with caution, because once problems arise, they may be difficult to solve. Here, I have made an inventory of 1 problems that need to be clarified when buying a house for you, in order to help buyers avoid risks in the process of buying a house.
1. Is the developer qualified?
a real estate development enterprise shall apply for establishment in the industrial and commercial department and obtain a business license, and obtain the Qualification Certificate of Real Estate Development Enterprise after filing and examination by the construction department. In addition, it shall go through tax registration in the tax department. The qualification grade of the developer is registered in the Qualification Certificate of Real Estate Development Enterprises (the development scope of qualifications at all levels is clearly stipulated in the Regulations on the Administration of Qualification of Real Estate Development Enterprises), and the public can apply to the construction department for inspection.
2. Is the building project legal?
for a real estate that is officially sold, you must obtain the "five certificates" according to the law-Construction Land Planning Permit, State-owned Land Use Permit, Construction Project Planning Permit, building construction permits and Commercial Housing Sales (Pre-sale) Permit.
if you want to know whether a building meets the conditions for legal sale, the simple way is to log on to the website of the Housing Authority and make a "pre-sale permit inquiry".
3. What does the buyer's right to know include?
The sales of real estate should publicly display the "five certificates", sales instructions, design drawings, construction standards and housing sales price.
if a model house is set up in the pre-sale property, it shall be stated whether the quality, equipment and decoration of the actually delivered commercial house are consistent with the model house; otherwise, the actually delivered commercial house shall be consistent with the model house.
4. What should be paid attention to when signing the house purchase contract (agreement)?
before concluding the sales contract, the developer should clearly indicate the Measures for the Administration of Commercial Housing Sales and the Model Text of Commercial Housing Sales Contract to the buyers; Pre-sale of commercial housing, but also must express the "urban commercial housing pre-sale management measures." Do not meet the conditions for the sale of commercial housing, real estate development enterprises shall not sell commercial housing, and shall not charge the buyer any fees in the nature of advance payment.
the house purchase contract shall specify the building area and usable area, price, delivery date, quality requirements, property management methods and both parties' liabilities for breach of contract. If the price is calculated according to the suite (unit) or the interior construction area, the commercial housing sales contract shall indicate the construction area and the shared * * * existing construction area.
The specific contents include:
(1) the name or name and domicile of the party concerned;
(2) Basic conditions of the house;
(3) the way of selling houses;
(4) How to determine the house price, and the total price, payment method and payment time;
(5) conditions and date of delivery;
(6) commitment of decoration and equipment standards;
(7) Delivery commitments, relevant rights and responsibilities of supporting infrastructure and public facilities such as water supply, power supply, heat supply, gas, communication, roads and greening;
(8) the ownership of public buildings;
(9) the way to deal with the area difference;
(1) Handling matters related to property right registration;
(11) methods of dispute resolution;
(12) liability for breach of contract.
Note:
Although the house purchase agreement and subscription agreement are not the same as the house purchase contract, they are just appointments before the formal contract is signed, according to the Interpretation of the Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, if the house purchase agreement and subscription agreement clearly stipulate the above 12 items, they should be considered as legal and effective house sales contracts.
5. how to protect the rights in case of delay in delivery?
it shall be implemented according to the delivery date of the house agreed in the house purchase contract and its liability for breach of contract.
6. What should be paid attention to when closing the house?
at the time of delivery, the developer shall deliver the commercial house to the buyer according to the conditions stipulated in the sales and pre-sale contracts. If the contract is violated, the developer shall bear the liability for breach of contract.
at the same time, the developer should also provide the buyer with a residential quality guarantee (listing the quality grade, warranty scope, warranty period and warranty unit verified by the engineering quality supervision unit) and a residential instruction manual.
7. What should I do if the built house is inconsistent with the area agreed in the contract?
if it is really necessary to change the design of the pre-sold house during construction, the standard shall not be lower than that stipulated in the pre-sale contract. If the real estate price needs to be changed due to structural changes or increased costs, it shall be agreed with the buyer through consultation. The developer shall notify the buyer in writing within 1 days after the establishment of the change. If the developer fails to receive the change notice or disagrees with the change after receiving the notice, the buyer has the right to return the house.
according to article 2 of the measures for the administration of commercial housing sales, if the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts; When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the buyer does not return the house, if the registered area of property rights is larger than the area agreed in the contract, the error area within 3% shall be paid by the buyer, and the part exceeding 3% shall be borne by the real estate development enterprise. When the registered area of property rights is less than the area agreed in the contract, the error is less than 3%, and the developer will refund the money. If the error exceeds 3%, the excess will be refunded twice.
8. Explanation of the problem of housing pool and lighting
There are no clear laws and regulations on the treatment of pool area in China, only the regulations of the Ministry of Construction and the principled provisions made by departmental documents of local governments. The general pool ratio of ordinary houses: 8%-15% for multi-floors; Small high-rise 1%-2%; Top 15%-3%.
according to the "Code for Planning and Design of Urban Residential Areas" of the People's Republic of China, the sunshine standard for residential buildings in big cities is 2 hours in severe cold and 1 hour on winter solstice. Adding any facilities outside the original design building should not reduce the original sunshine standard of adjacent houses; The sunshine standard of new residential buildings in the old district reconstruction project can be reduced as appropriate, but it should not be lower than the sunshine standard of 1 hour on a cold day.
9. which department should the developer complain about the arbitrary charges?
according to the "one-price settlement" system for commercial housing sales, the construction costs of supporting infrastructure, including water supply, power supply, gas supply, heating, communication, cable TV project, security monitoring system, entrance doors, letter boxes and supporting facilities for owners, are all included in the development and construction costs, and no other fees are charged except the transaction price of the house purchase contract. If property buyers encounter arbitrary charges from developers, they can complain to the local price department.
1. how to transfer the real estate license?
the buyer of pre-sold commercial housing should apply to the housing management department for the change of land use right and the registration of housing right within 9 days from the date of delivery and use of commercial housing, and the buyer of current commercial housing should apply to the housing management department within 9 days from the date of signing the sales contract.
the developer shall assist the property buyers to handle the procedures of land use right change and housing right registration, and provide the necessary supporting documents. If the house ownership certificate is not obtained within 9 days from the date of delivery due to the developer, the developer shall be liable for breach of contract.
The specific process is as follows:
1. To receive and fill in the Application Form for Housing (Land) Ownership Registration, the developer needs to sign and seal it.
2. Apply for surveying and mapping at the housing area measuring station designated by the developer.
3. Pay the public maintenance fund and deed tax.
4. Submit application materials: (1) Application form; (2) Purchase contract; (3) signing the pre-sale contract and the buyer's and seller's letter; (4) Surveying and mapping table, housing registration form and household plan; (5) Special receipt for special maintenance funds; (6) deed tax payment certificate; (7) identity card; (9) mortgage to buy a house provides the bank loan repayment certificate.