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Buying a property requires a considerable amount of money, so the security of the investment is the primary factor that every home buyer must consider, otherwise the interests of the buyer will be violated if they are not careful. In order to ensure the safety of the property, understanding the property status of the house is what every buyer needs to do before buying a house. If you have a clear understanding of the property rights of the house you are buying before buying a house, you can not only avoid being harmed, but also your own interests can be protected by law after buying a house.
To understand the status of the property, buyers should do the following:
The first step is to ask the seller to provide legal documents, including title certificates, identity documents, qualification documents, and other documents.
Title certificate means:"Certificate of Ownership of the House"with"Land use right certificate"。
Identity documents refer to ID cards, work permits, and household registration books.
The qualification certificate is to check the qualifications of both parties to the transaction, for example: the qualification certificate of the housing development and operation of the commercial housing should be checked; ** person to check whether the power of attorney is valid; In the case of a co-owned house**, a certificate of consent from the other co-owners is required, etc.
Other documents refer to: leasing the property, to check the agreement or certificate of the tenant's waiver of the right of first refusal; In the case of co-owned property, the agreement or certificate of waiver of the right of first refusal of the co-owner shall be checked; For winning properties, it is necessary to check the winning notice and corresponding certificates.
Inspect title records. Includes:
1) Who is the original owner of the house, and if it is a common property, attention should be paid to the proportion of property rights and the form of ownership of each co-owner;
2) the file number, i.e. the document number of the transaction, which can be used to inspect a copy of the document from the relevant party if the enquire wishes to obtain the whole document;
3) the date of registration, which is the date on which the transaction was signed;
4) Effectiveness**, i.e. the effectiveness price of the transaction;
5) Other contents, such as house floor plan, etc.
The third step is to check whether the house has any debt burdens. The property title record only registers the authenticity of the owner's ownership and the original transaction, and the debts and liabilities incurred in the course of the operation of the house must be checked with relevant supporting documents. Includes:
Mortgage contracts, leases, etc., as well as a detailed understanding of the loan amount and repayment amount, interest and rent**, so as to have a deeper understanding of the property.
In addition, buyers also need to know the following contents: whether the house is mortgaged, whether the house has been seized by the court, etc.
In short, in order to understand the true situation of the property rights of the house, the buyer must not only ask the seller for all the property rights documents and careful reporters, but also go to the housing management department to inquire about the property rights records of the property, and compare the two in order to clearly know all the details of the property rights of the house and not omit anything.
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You can go directly to the real estate transaction center to inquire, so it is the most simple and straightforward.
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If you're through an intermediary, just ask him directly...
If you are looking for it yourself, you should go to the real estate transaction center and ask.
By the way, if the tax bill is handed to you, you will soon get the title deed.
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How to check the title of a house when buying a second-hand house.
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Buying a second-hand house, although there are many benefits, but there are also a lot of bad aspects, take the property rights of the house as an example, disputes due to property rights issues are not uncommon. So, in the process of buying and selling second-hand houses, how to check the property rights of the house? How to calculate the term of a second-hand real estate?
If you're interested, let me take a look.
1. Online inquiry: click on the provincial and municipal links, enter your local real estate management bureau** for inquiry, and enter relevant information, such as: the name of the property owner, the property right certificate number, etc.; (At present, only some areas provide property rights information inquiry);
2. Inquire at the real estate bureau: If you want to inquire about accurate personal real estate information (including: the name of the house owner, the date of registration, the construction area, whether the house is mortgaged, sealed, etc.), you need to bring your personal documents and real estate certificate to the local housing management bureau window for inquiry;
3. In fact, you don't need to go to any department to check the property rights of the house, and the easiest way is to directly check your house property rights certificate. In addition, there is no time limit for the ownership of the house, and the so-called property right is actually the term of the land certificate.
How to calculate the term of a second-hand real estate?
According to China's current regulations: 70 years for residential land, 40 years for commercial land, 50 years for industrial land and 50 years for comprehensive land. But in fact, the land use life of existing commercial houses is rarely 70 years, and most of them are between 30 and 60 years.
Calculated from the national excavation, coupled with the development cycle, the shortest time is 1 to 2 years, and the service life in the hands of the owner is less than 70 years, and if the developer hoards for a period of time, the service life will be even shorter. For example, in 1997, I signed a contract with the developer to buy a house, and this year it has just turned 20 years, and now I have bought it again, so there are 50 years left in the second-hand real estate of the short allocation.
Summary: After reading the above introduction, I believe you have a further understanding of how to check the property rights of the house and how to calculate the term of the second-hand house property rights. If you need to know more about it, please continue to ******, and more exciting content will be presented to you in the future.
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Legal analysis: The property rights of general houses can be queried, which can be queried online or through the real estate bureau.
Legal basis: Article 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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Inquiry of house property rights: First, how to inquire about personal real estate certificates. If you have not yet applied for the real estate certificate, you can check the purchase and sale contract at the Housing Authority**, and after obtaining the password from the developer, enter the contract number and password, you can query your purchase contract uploaded by the real estate you bought, and there is no problem with the contract after filing with the Housing Authority.
Such property rights are clear. Second, you can go directly to the archives department of the Housing Authority to check the authenticity after getting the real estate certificate.
Legal basisMeasures for Housing Registration
Article 86: Where the ownership of a house is transferred in accordance with law, and an application for registration of the transfer of ownership of a house is to be registered, the following materials shall be submitted:
1) Application for registration;
2) Proof of the applicant's identity;
3) Certificate of ownership of the house;
4) Proof of the right to use the homestead or the right to use the land for collectively owned construction;
5) Materials proving the transfer of ownership of the house;
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.
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