For the sale and purchase of a house, please have an experienced lawyer, thank you

The answer is as follows: if you do not have to pay, the contract for the sale and purchase of the house between you is invalid, because the contract between you violates the law on purchase restrictions, according to Article 52, Paragraph 5 of the Contract Law: The contract is invalid under any of the following circumstances:

1) One party concludes a contract by means of fraud or coercion, which damages the interests of the state; (2) Malicious collusion to damage the interests of the state, the collective or a third party; (3) concealing an illegal purpose in a lawful form; (4) Harming the public interest; (5) Violating the mandatory provisions of laws and administrative regulations.

What does it mean to have a contract invalid? It is invalid from the beginning, that is, the house is still the developer's, and the developer must return all the money you confess. You can now do this by pretending that you don't know the laws and regulations restricting purchases, and then take the initiative to go to the people's court to request confirmation that the contract is invalid, so that you can not only get the money you have paid, but also establish an image of knowing the law and abiding by the law, and save your reputation.

Supplement: The contract is invalid and must be invalid, because it is a violation of laws and regulations to restrict purchase, and everything will be restored to the original state after it is invalid, that is, all the money you have paid will be refunded to you, and the house will be returned to the developer;

Those who don't know are not guilty (on the premise of intentionality, violating the purchase limit is the most criticized and warned), and you do it according to what I say, and it will have no impact on your work. The account fraud is handled by the developer alone, and there is no risk without your instructions. Confirm that the contract is invalid, this recording is useless, if you provide it, it will hurt you, indicating that you know that the purchase restriction is deliberately violated, and it is better not to provide this recording.

The contract is written to pay the full amount in a lump sum, and the signing of the contract is a verbal promise by the developer that it can be paid in installments and repaid slowly. - Agree in writing to make a one-time payment, and if you do not perform, you will be in breach of contract.

He knew it was against the law, so he wasn't innocent anyway, and the recording probably didn't help. See if you can dispose of your own home.

Verbal promises are fooling people! Everything is subject to the contract.

The problem is not big, and you can also analyze the legal issues in detail, and you can judge whether there are any hidden dangers on your own.

First of all, look at whether there are defects in the process of concluding the contract, and whether the defects affect the performance of the contract and the realization of the purpose of the contract.

The main requirement for the conclusion of the contract is that both parties are persons with full capacity for conduct and have the right to dispose of the house. It depends on whose name is on the title deed and whether there are any omissions. If there are no omissions, there are no problems in this step, and the next step of the review can be carried out.

The parties to the contract who do not need to care about the title of the contract can mainly look at the parties to the contract at the place where the payment is made.

Secondly, the most important criterion for the process of contract conclusion is that the parties reach an agreement in a free state and do not violate the provisions of laws and administrative regulations. At this stage, it mainly depends on whether the house can be traded, whether it is prohibited from trading or whether there are certain restrictions on trading. If there is no problem in this aspect, then the subject matter is not flawed and safe.

Then the two parties can agree on the price, payment method, payment period, and time for transfer procedures.

Then it comes to the stage of contract performance, since the two parties have completed the performance, the most important evidence of the performance of each node of the fixed contract, for the parties to the problem, the most important thing is the relevant evidence of fixed payment and the transfer of ownership, the transfer must have bank statements or transfer vouchers, and the cash transaction must have relevant evidence to prove. The other party has been asked to write a receipt when trading, which is not a big problem and is safe.

Finally, when it comes to ownership, China's property law clearly stipulates that the change of real rights of real estate needs to be registered, and since it has been changed, the house will naturally belong to you. Among them, the entrustment in the process of transfer, because there is a notarized entrustment, is not a big problem and safe.

Therefore, in the process of this transaction, your risk points are relatively small. As for the financial relationship between a landlord and a second-hand landlord that you are more worried about, it is no longer a matter of this transaction.

There is no problem with that anymore.

Inch broken! Say 11 in front of yourself

This situation should have been resold once before the resettlement property title certificate has been issued, and if you buy it again, it should involve the resettlement of the homeowner, others and you.

Therefore, it is not recommended to buy this suite, if you have to buy it, wait for the property right certificate to be done and then buy it from the property owner (no matter who it is) and go through the relevant transfer procedures.

Attached: Second-hand housing transactions involve taxes and fees

1. Tax 1Deed tax: 3% for ordinary residences, 3% for non-ordinary residences

2.Sales Tax:

a.For the transfer of non-ordinary housing less than 5 years, the business tax shall be levied in full;

b.For the transfer of non-ordinary housing for more than 5 years (including 5 years) or ordinary housing for less than 5 years, business tax shall be levied on the difference between the sales income and the purchase price of the house;

c.Ordinary housing sold for more than 5 years (including 5 years) is exempt from business tax.

3.Personal income tax: 20% of the profit from the real estate transaction or 1% of the house price (exempted if the real estate certificate is more than 5 years old and the only house is the only one).

Second, the fee 1Comprehensive service fee: 5 yuan square meters for ordinary houses (building area), 11 yuan for non-ordinary houses.

2.Property right registration fee: 80 yuan for ordinary residential houses, 550 yuan for non-ordinary residential households.

3.Land registration fee: 35 yuan set.

4.Transaction Appraisal Fee: Appraisal price.

5.Production cost: 38 yuan.

Hope it helps.

Article 2 of the Agreement adds the following sentence. The above-mentioned residences and storerooms and surrounding living and production facilities.

This sentence is crucial. I'm in land acquisition. Small details determine whether the future neighborhood relationship is good or bad after the purchase and sale of a house.

Rural houses only have a land use certificate, so there is no need for a property right certificate. Even many places should be due to the social environment of the time and various reasons. There are no relevant documents.

The members of the collective economic organization in the same village (commonly known as villagers, members) have the right to buy property rights from each other. The workers of land acquisition and demolition are not hooligans, they will take your situation into account.

And according to the actual situation, as compensation, it is also possible to go to court. Your contract is valid. Remember the phrase "compensation".

ID card, marriage certificate, household registration book, taxes and fees are paid according to the time of transfer, such as today's transfer, which is today's tax standard.

The materials required are as follows: ID cards of both buyers, household registration booklets, marriage certificates (or single certificates, divorce certificates), appraisal reports, house ownership certificates, and state-owned land use certificates.

Fees: 1. Transaction fee: 50% for each party to the transaction Residential: 6 yuan square meter for stock housing; Non-residential:

10 yuan square meter. 2. Registration fee: paid by the buyer Residential:

80 yuan set; Non-residential: (1) $80 for a parcel of less than 100 square meters (including 100) square meters; (2) 120 yuan for 100-500 (including 500) square meters; (3) 500-1500 (including 1500) square meters below 200 yuan; (4) 300 yuan below 1500-3000 (including 3000) square meters; (5) 3,000-10,000 (including 10,000) square meters below 500 yuan; (6) 800 yuan for more than 10,000 square meters. 3. The cost of the house ownership certificate:

One copy is free, and each additional copy is charged 10 yuan. 4. Stamp duty: 5 yuan (paid by the buyer).

5. Deed tax: paid by the buyer, residential: individual purchase is paid according to the real estate transaction amount, unit purchase is paid according to 3% of the real estate transaction amount; Non-residential:

Pay 3% of the transaction value.

1. If your adoptive mother dies before you get married, the property is your personal property, and if you die after marriage, there is no will to say that it will be inherited by you, it is the joint property of the husband and wife.

2. The real estate certificate is in the name of your adoptive mother, if there is no will, your brother also has the right to inherit according to the law, but he has no right not to let you live.

3. To sell a house, you must transfer the ownership first, and then you can buy and sell.

Ask your mother to write a will, and the property will be given to you.

Legal basis: Inheritance Law of the People's Republic of China.

Chapter III: Testamentary Succession and Bequest.

Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate an executor.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.

Hello: If your mother does not make a will or transfer the property to you, you and your brother will inherit the house together. That is, you can only inherit one-half of the upstairs house.

If you take ownership of the house by inheritance, it is your personal property in accordance with the current legislation.

I don't know if the upstairs and downstairs you are referring to are detached houses, but if so, according to the current situation, you will not be able to sell even after the inheritance occurs, because it is shared.

It is advisable to convince your mother to transfer the house to you. Or make a will to designate your inheritance.

Hello! If you do not live in the house, you and your brother will inherit the house after the death of your adoptive parents.

It is advisable to transfer ownership.

1. The purchase of affordable housing must be purchased with qualifications, ** approved that your aunt is eligible, you can only buy the house in your aunt's name, you can contribute, but the buyer is your aunt.

2. Yes, affordable housing will not be available for 5 years.

3 and 4, it doesn't matter if you make a will or not, what matters is the proof of commitment of your aunt's 6 siblings, and the promise must indicate that you personally contributed to the purchase of the house, and others gave up the right to buy and inherit the house, which is the best justice.

1. Affordable housing enjoys the best preferential treatment, and its purchase object is specific, only for urban low- and middle-income families, so the application approval system must be implemented. According to the original intention of the relevant regulations, the places of affordable housing are not transferable. In view of the fact that your aunt is mentally disabled (level 1) and is incapacitated for civil conduct, the opportunity given by the state to buy a house should be handled by her guardian, I don't know who your aunt's guardian is, but listen to you, your aunt's brothers and sisters are not her guardians.

Therefore, they are not eligible to buy, they do not have the so-called right to buy, not only them, but you also do not have it, so there is no need for any proof. (Of course, I mean that I can't transfer the house to you, if you're willing to pay for it and give it to your aunt, that's another story).

2. According to the regulations on the management of affordable housing in seven departments, affordable housing shall not be listed and traded for less than five years (it should include rental, and there is a local regulation on affordable housing, in view of the fact that you should check it yourself.) ）

3. Your aunt is a person with no capacity for civil conduct, according to the provisions of the "Inheritance Law", she cannot make a will, and making a will is an identity act, and cannot be **, so even a guardian cannot make a will on her behalf, and only statutory inheritance can be applied (legal inheritance will not be your turn, unless you support your aunt more).

4. According to Article 25 of the Inheritance Law, if the heir renounces the inheritance after the inheritance begins, he or she shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance. That is to say, the law stipulates that the period of renunciation of inheritance rights should be before the division of the inheritance after the inheritance begins, and the inheritance will not begin until your aunt dies, and the inheritance rights can be renounced at that time.

Prior renunciation of inheritance rights is invalid.

1. Your aunt is a first-class disability, so she is incapacitated, which means that any written or oral things she gives are not legally valid. Naturally, the will she wrote was also not legally valid.

2. The economic use of the house can not be rented within 5 years, that is to say, the real estate certificate can not be transferred, even if it can be transferred after 5 years, it is necessary to pay a high difference compensation or deed tax. Affordable housing is there to protect low-income families, not to make money selling your home.

3. Your aunt's siblings should first negotiate a guardian, and the guardian can make decisions for her without harming your aunt's rights and interests. Note: It is on the premise that the rights and interests of your aunt cannot be harmed.

Otherwise, the other siblings can file a lawsuit with the court to disqualify the guardian and invalidate the decision made by the guardian.

4. To sum up, if you just want to obtain your aunt's affordable housing index to buy a house and then sell it to make money, your behavior is not only unethical, but also has a high legal risk.

Lawyer Zhang Zhensong.