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The foundation should be good and suitable for your family.
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The index house can also be purchased only if the conditions are met, but special attention should be paid to some details in the purchase process. Let's introduce to you what to pay attention to when buying a benchmark house.
What to pay attention to when buying a benchmark house.
1. You need to sign a good contract, clearly stipulate that you must agree on the liability for breach of contract when you buy a house with your own funds, and once the other party repents, you can compensate for your losses in accordance with the contract.
2. Contract Law: Article 107: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
What are the types of index rooms?
1. Unit fund-raising room.
Several Opinions on Solving the Housing Difficulties of Urban Low-income Families" Guo Fa 2007 No. 24 Article 12: "The unit fund-raising cooperative housing construction will be included in the local affordable housing plan, and its construction standards, objects, property rights and so on should be implemented in accordance with the relevant provisions of affordable housing. ”
2. Affordable housing.
Article 2 of the Measures for the Administration of Affordable Housing stipulates that "the term "affordable housing" in these measures refers to the provision of preferential policies, and at the same time limits the area and sales of suites, as long as it is built in accordance with reasonable standards, and is oriented to urban low-income housing with a good reputation for families in difficulty, and has a guaranteed nature of policy housing." "Affordable housing, this kind also refers to the construction of housing arranged according to the national affordable housing construction plan. The plan is issued by the state in a unified manner, and the land is generally allocated by administrative allocation, and the land transfer fee is exempted, and the various approved fees are halved and collected.
3. ** room.
Housing refers to the consumption process of a certain number of home buyers spontaneously forming a group or under the arrangement of the **organization, negotiated with the developer by elected representatives, and at the same time, it is also lower than the **market transaction** to sign the "contract" with many additional terms.
Summary: What to pay attention to when buying an index house is introduced here, it must meet the standard, and some details should be paid special attention to while buying. If you want to know more about related knowledge, you can consult Qijia.com.
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You need to know whether the pre-purchased property has a title certificate and whether it can be transferred;
Whether the property has mortgage registration, seizure, etc.;
Understand the nature of the land allocation for the property;
Agree who will bear the land transfer fee, deed tax, etc.;
The contract should stipulate a higher liquidated damages, and when the seller breaches the contract, the other party can at least bear a certain amount of liability for breach of contract.
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Legal Analysis:1You need to know whether the pre-purchased property has a certificate of ownership and whether it can be transferred;
2.Whether the property has mortgage registration, seizure, etc.;
3.Understand the nature of the land allocation for the property;
4.Agree who will bear the land transfer fee, deed tax, etc.;
5.The contract should stipulate a higher liquidated damages, and when the seller breaches the contract, the other party can at least bear a certain amount of liability for breach of contract.
Legal Basis:
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When buying an index room, you need to pay attention to the following points:
It is necessary to sign a good contract, clearly stipulate that the purchase of the house will be funded by oneself, and the liability for breach of contract shall be agreed.
In any case, once the other party repents, it will compensate you for your losses according to the contract. Contract Law: Article 107: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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To buy a benchmark house, you need to sign a good contract, clearly stipulate that your family will fund the purchase of the house, and agree on the liability for breach of contract, and once the other party repents, you will be compensated for the loss of your rights according to the contract.
Article 107 of the Contract Law of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
1. "The index house is much more casual than the commercial house, and it is not surprising that there are variables in terms of floors and house types, which means that buyers have to bear more risks." According to Mr. Zhou, an industry insider, at the same time, a greater risk is still to come: the index house generally does not accept "foreign households", and the real estate certificate is usually handled in the name of the original employee.
This means that in the future, the transfer of ownership will incur individual income tax and business tax, and it is easy to have disputes in the process of moving into the household registration and letting the children go to school.
2. There are different types of this type of house, including unit fund-raising housing, affordable housing and ** housing. There are also certain risks for these index houses.
3. The index house is a house that is lower than the ordinary house price and higher than the construction price, usually through the buyer queuing up to get the number and get the designation** to buy a house at a low price.
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Employees enjoy the right to purchase houses at a preferential rate according to the policy of the unit, and when the agreement is signed with the unit, the employees have not actually obtained the house, so the employee's right to the house is only a qualification right, which can be classified as an expected benefit in legal theory and belongs to the category of creditor's rights. In other words, such disputes arising in the process of housing transfer are disputes over the transfer of housing purchase qualifications, not disputes over the transfer of house ownership; The transfer does not violate the mandatory provisions of the law; The interests of others are not harmed, the agreement is valid, and both parties should continue to perform. However, after the contract of assignment is confirmed to be invalid, the buyer may claim compensation from the seller if it suffers economic losses as a result.
If the seller sells the house without obtaining the real estate certificate, he bears the main responsibility for causing the contract to be invalid, and shall compensate the buyer according to a certain percentage of the current market price of the house, and the buyer shall be at fault for buying the house without the real estate certificate, and shall also bear part of the responsibility. If the land use right of the unit for the construction of the fund-raising housing is obtained through free allocation and is not included in the housing price, the purchase of such low-cost housing by the employees of the unit is an employee benefit and does not have full property rights. Therefore, to buy this type of housing, unless they have gone through the procedures for the paid use of construction land, and have the "Construction Land Approval" and "Commercial Housing Pre-sale Permit".
In addition, some units that build houses often make restrictive agreements with the employees who purchase the houses, requiring that they not resell, transfer, or rent out the houses with raised funds. Therefore, buyers should pay attention to the fact that there is a certain difference between fund-raising housing and ordinary commercial housing, and do not be greedy for cheap and ignore future risks. Lawyer Nie reminds that the purchase index must first check the nature of the property.
According to the Administrative Measures for Affordable Housing, affordable housing is not allowed to be listed for 5 years. At present, the housing management department is quite strict in reviewing this matter, and if the application information is falsified, it will be investigated for legal responsibility and disqualified from buying a house. If after the purchase of this kind of house, a considerable amount of land transfer fees and supporting fees need to be paid, and the transfer of ownership can only be made after the freezing period stipulated by law, which is quite risky.
The purchase of a unit raised by someone else, because the house ownership certificate has not been processed, can not complete the transfer in the legal sense, so can not obtain the real right, if the other party regrets due to the price of the house, it is very easy to cause disputes.
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