What to pay attention to when buying a pre sale house, and what to pay attention to when buying a pr

One, 1, first see whether the five certificates are complete, if the five certificates are not complete, you can't sign online, and you can't buy it.

2. Read the contract carefully, it is best to find a lawyer or a friend who understands contract law to read it together, and read it several times.

3. Determine the delivery time and the corresponding costs, etc., and understand the corresponding responsibilities and obligations.

2. When do I start paying my mortgage?

This does not necessarily, it depends on whether you go through the mortgage process smoothly. Generally, it is paid in the same month or the next month after receiving the bank text message or **.

3. What should I do if the developer can't pay the house at that time?

It should be clearly marked in this contract. Generally, if it is overdue for 3 months, you will be paid a penalty of 1/10,000 per day. If you do not deliver the property for more than 3 months, you have the right to move out, and all losses and interest will be borne by the developer.

If you are unwilling to check out, the developer will pay you a penalty of 2/10,000 per day. If the developer does not pay the penalty and does not check out, sue it. In this case, the owner won 100 percent.

Fourth, there is also the question of the land use period, what should I do with my house when the land use period expires?

The house is yours forever. Term refers to the right to use the land. Now the house is generally a 70-year property right, according to the "Property Law of the People's Republic of China", the land use period expires and the contract is automatically renewed. However, the law still clearly states whether to pay or not.

5. When should I make a down payment? Or do you want to pay a deposit first?

It's up to the developer and your wishes. Some people can't afford a down payment for a while, but they want to keep the house, so they can pay a deposit first. It's usually 10,000 to 50,000. If you have the means, you can make a down payment directly.

But pay a deposit to understand, whether it is a deposit or a subscription. The deposit is refundable, but the subscription is non-refundable.

I hope you are satisfied. I also just bought a house. Hehe.

1.Determine the delivery time and **, as well as the liability for breach of contract, you have to see if he has (house pre-sale license) before signing the contract!

2.The time for the mortgage to be processed is subject to the developer's processing, which is generally one month after you pay the money.

3.Treated as a breach of contract.

4.According to the relevant regulations, after the land is over, if the house is not a dilapidated house, you can continue to live in it, or pay a small amount of land use fees.

5.Pay the deposit first, then the down payment, and then pay the monthly payment after the mortgage is processed. I hope you are satisfied.

1. Review the developer: Be sure to check whether the developer has a commercial housing pre-sale license, land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.

2. Contract template: The standard housing sales contract text printed by the real estate management department shall be used and filled in item by item in accordance with the terms listed in the text, and must not be sloppy.

4. Housing area: If you choose to confirm the area and deal with the area difference based on the building area in the suite, you should clarify the treatment method in the case of area error in the "area difference treatment" clause.

5. Delivery date: When signing the contract, the buyer must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility of the developer if he fails to deliver the house on time.

The process of purchasing a pre-sale house.

1. Sign a subscription letter with the developer.

The buyer has the need to buy a house, determines the house he needs to buy, and then signs a subscription letter with the developer. This is mainly to show your willingness to buy a house and pay a certain amount of subscription. The amount of the subscription fee is determined by the developer, which is generally a few hundred to several thousand, and will not be too burdensome for the buyer.

2. Sign a purchase contract with the developer.

Before signing the contract, it is necessary to carefully check the qualifications and "five certificates" of the developer. That is, state-owned land use certificates, construction project planning permits, construction project land planning permits, construction project construction permits, and commercial housing pre-sale permits.

3. Pre-sale registration.

After signing the purchase contract, both parties should go to the Transaction Management Division of the corresponding Housing Authority to go through the pre-sale registration procedures. Pre-sale registration is very important to protect the rights and interests of both parties to the housing transaction, because the purchase contract can only take effect after registration.

4. Go through the procedures for the transfer of the deed.

There are two types of contracts: pre-sale contracts and sales contracts, and the pre-sale contracts are relative to off-plan properties; A general sale and purchase deed is used for existing home transactions. The deed transfer is an indispensable and important part of the transaction between the developer and the buyer and the change of property rights, and it should not be ignored.

5. Check-in after acceptance.

You can move in after the house experience is qualified, but you must pay the contract and settle the settlement before checking in. Developers are also required to review the buyer's payment, and a copy of the original payment slip for each instalment must be kept on file and reviewed at the time of occupancy. Finally, the buyer takes the contract to the property management company to get the keys and sign the property management convention.

Legal analysis: (1) Pay attention to the terms of the contract.

Consumers who are pre-purchasers should pay special attention to the terms and conditions of the pre-sale contract and use the model commercial housing pre-sale contract of the real estate management department. In the event of a breach of contract, the buyer and the seller may pursue or bear civil liability for breach of contract in accordance with the terms of the merger pre-sale contract. If a dispute arises over an inconsistent understanding of the contract and the negotiation fails, it may be submitted to an arbitration institution for adjudication or filed a lawsuit in the people's court in accordance with the contract.

2) Lawyer ** house purchase.

In the process of pre-purchase of commercial housing, the intervention of a lawyer is very necessary. Since real estate transactions involve many laws and regulations, it is necessary to have a lawyer help or be responsible for handling the relevant procedures in the process of buying a house, so as to prevent traps and misunderstandings in the pre-sale of commercial housing. The involvement of a lawyer can serve in four ways:

The first is to provide a reasonable interpretation of the existing legal provisions; the second is to help consumers conduct property rights review of the houses pre-sold by developers; the third is to help consumers review pre-sale contracts; Fourth, it is necessary to make up for the shortcomings covered by the law.

Legal basis: Administrative Measures for the Pre-sale of Urban Commercial Housing

Article 5 The pre-sale of commercial housing shall meet the following conditions:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

2) Holding construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.

12th pre-sold commercial housing within 90 days from the date of delivery, the purchaser shall, in accordance with the law, go to the real estate management department and the municipal and county people's land management departments for ownership registration procedures. The development enterprise shall provide assistance and provide necessary supporting documents.

If the purchaser fails to obtain the housing ownership certificate within 90 days from the date of delivery of the house due to the reasons of the development enterprise, the development enterprise shall bear the liability for breach of contract, unless there is a special agreement between the developer and the purchaser.

14th development enterprises do not follow the provisions of the use of commercial housing pre-sale funds, by the real estate management department ordered to rectify within a time limit, and may be imposed a fine of less than 3 times the illegal income but not more than 30,000 yuan.

15th development enterprises conceal the relevant information, provide false materials, or use fraud, bribery and other improper means to obtain the pre-sale permit of commercial housing, the real estate management department shall order to stop the pre-sale, revoke the pre-sale permit of the commodity housing allocation, and impose a fine of 30,000 yuan.

16th provincial and autonomous region construction administrative departments, municipalities directly under the Central Government construction administrative departments or real estate administrative departments in accordance with these measures to develop implementation rules.

The purchase of pre-sold commercial housing should pay attention to: 1. Five certificate review; 2. Review of the purchase contract; 3. Inspect and accept the house according to the contract; 4. Review the relevant documents of the infiltration of land acres; 5. Review the quality of the house; 6. Review the delivery fee, pay special attention to the overdue delivery and the quality of the house. Before signing the contract, the buyer must be clear about the details of the developer and clarify the rights and obligations of both parties.

Article 86 of the "Housing Registration Measures" If the ownership of the house is transferred in accordance with the law, and the application for registration of the transfer of the ownership of the house is registered, the following materials shall be submitted: (1) the registration application; (2) Proof of the applicant's identity; (3) Certificate of ownership of the house; (D) the homestead use right certificate or collectively owned construction land use right certificate; (5) Materials proving that the ownership of the house has been transferred; (6) Other necessary materials. Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.

Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.

The pre-sale of commercial housing refers to the act of real estate development enterprises giving the commercial housing under construction to the buyer in advance, and the buyer of the rental and sale pays the deposit or housing price.

Although the pre-sale of commercial housing is a feasible sales method, if it is not properly managed, it can easily lead to speculation and damage the legitimate rights and interests of pre-purchasers. To this end, the Law of the People's Republic of China on the Administration of Urban Real Estate specifically stipulates the pre-sale of commercial housing.

1. What are the precautions for buying a pre-sold house.

Let's list some precautions for the pre-sale of commercial housing:

1) Before signing the pre-sale contract, it is necessary to fully understand the relevant qualifications of the pre-seller and the relevant situation of the pre-sold commercial housing, and to find a suitable transaction partner. When buying a property, buyers should investigate the relevant situation of the developer in advance. China's law clearly stipulates that developers must obtain the "Commercial Housing Pre-sale License" for pre-sale, otherwise pre-sale shall not be carried out.

Here I remind buyers to pay attention to reviewing the developer's "Commercial Housing Pre-sale License", and do not choose unqualified developers for cheap and be deceived in the future.

2) When signing the contract, it is necessary to comprehensively review the content of the contract, and also pay attention to trying to fight for its own rights and interests. Try to clarify each responsibility, it is best to ask a lawyer to participate, and sign a supplementary agreement if there is no agreed content or the agreement is not clear. Specifically, you can do this:

2. Due to the different circumstances of the commercial housing itself, even if it is a unified model contract text produced by the relevant state departments, it is only a reference and cannot be completely copied. Buyers are reminded to be especially wary of the form contract provided by the developer, and not to fill in the blanks and sign them directly, leaving future troubles.

3. When signing the contract, the two parties shall sign the opinions on the terms that are considered unfair or unreasonable. The contract is the legal basis for disputes, and Chinese law stipulates that if there is an agreement in the contract, the preferential application of the agreement, so the buyer can add what he thinks is necessary to the contract or make a supplementary agreement according to the actual situation of the house purchased.

3) After the pre-sale contract is signed, the pre-purchaser should pay attention to the condition of his house at any time. When receiving the notice of receipt from the developer, do not rush to receive the house, check and accept the contract signed by both parties and the developer's advertising materials, and negotiate and solve the problems in a timely manner. For the developer's fraud and breach of contract, it is necessary to investigate its liability for breach of filial piety in accordance with the contract and the law in a timely manner, and request damages or termination of the contract.

Legal points and non-burning: the precautions and matters for buying a pre-sale house are: 1When purchasing, you should first check the pre-sale permit of the commercial house. Be good at signing contracts that are more beneficial to you. When buying, be sure to look at the floor plan and engineering plan of the house.

Legal basis: Article 6 of the Administrative Measures for the Pre-sale of Urban Commodity Houses with Traces Article 6 The pre-sale of commercial housing implements a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain a pre-sale license for commercial housing.

If the pre-sale permit of commercial housing has not been obtained, the pre-sale of commercial housing shall not be carried out.

1. Review the developer:

Be sure to check whether the developer has a commercial housing pre-sale license, land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.

2. Model contract.

The text of the standard housing sales contract uniformly printed by the real estate management department shall be used and filled in item by item in accordance with the terms listed in the text, and must not be sloppy.

3. Rights and Obligations.

Pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal.

4. The area of the house.

If you choose to confirm the area and deal with the area difference based on the floor area of the suite, you should specify the method of handling the area error in the "Area Difference Treatment" clause.

5. Delivery date.

When signing the contract, the buyer must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility of the developer if he fails to deliver the house on time.

6. Modify the terms of the contract.

If the interests of the buyer cannot be guaranteed in the contract, and the developer does not agree to modify or supplement, the buyer has the right to re-choose the developer and the real estate.