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There are 4 major matters to pay attention to when buying a house and signing a contract: (1) Determine the property rights of the house. The new house looks at the "five certificates", and the second-hand house should check the owner on the real estate certificate.
2) The specific conditions and time limit for delivery should be agreed. (3) List the fees to be paid to avoid arbitrary charges. (4) The liability for breach of contract should be clearly stated in the contract.
Avoid the developer passing the buck.
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Precautions for buying a house and signing a contract:
1. First of all, it depends on whether the developer has the "five certificates".
Five certificates, one is the construction land planning permit, the second is the construction project planning permit, the third is the construction project commencement certificate, the fourth is the state-owned land use certificate, and the fifth is the commercial housing pre-sale license, referred to as the "five certificates". Among them, the first two certificates are issued by the Municipal Planning Commission, the construction city is issued by the Municipal Construction Commission, and the state-owned land use certificate and the commercial housing pre-sale permit are issued by the Municipal Land Resources and Housing Administration.
So what do you think of the "five certificates"?Give you a method, the most important of these five certificates should look at two certificates, one is the state-owned land use certificate, the other is the pre-sale license, these two should be issued, see accurately, there is no problem in principle, especially the pre-sale license. In particular, it should be reminded that buyers must look at the original when checking the five certificates, and the copies are easy to cheat.
Before signing the contract, it is important to see if the house you are pre-buying is within the scope of the pre-sale to ensure a smooth process of title deeds in the future.
2. Use the standard contract text.
Be sure to refer to the best to adopt and do not modify the text at will, and fill in carefully according to the terms listed in the text to understand the specific content. Do not arbitrarily sign the "Order Agreement" made by the developer and pay a deposit. Even if many people do, it is not a necessary process to buy a home.
And this kind of contract must be unequal in rights and obligations, especially unfavorable to oneself. It is best to sign a pre-sale contract directly with the developer. This step must not be sloppy!
Otherwise, it will be miserable to suffer a big loss.
3. Check the relevant supporting documents.
To buy an off-plan house, you need to check whether the developer has a pre-sale license, and to confirm that the house you have purchased is within the pre-sale range, and to buy an existing house, you must check whether the developer has the large property certificate of the house and the "New Residential Delivery Permit".
4. When buying off-plan housing, you should pay attention to the agreement on the construction area.
When filling in the provisional area, in addition to the total construction area, it is also necessary to fill in the area of the suite and the common area.
5. Agree on the conditions and time limit for buying off-plan housing.
The so-called delivery has two meanings: one is the right to use the house, that is, the physical delivery; The other layer is the transfer of ownership of the house, that is, the transfer of property rights.
6. Pay attention to the quality of the house when signing the contract.
When signing the contract, the buyer should carefully scrutinize the contents of the "Commercial Housing Quality Assurance Certificate" and the "Residential Instruction Manual", and take the warranty certificate as an annex to the contract.
7. Clarify the property management matters when signing the contract.
In the contract, the property management company in the early stage, as well as the scope of property management and charging standards agreed by both parties, should be determined.
8. Pay attention to the content of the supplementary agreement in the contract text.
Buyers should be wary of some developers removing the clauses in the model contract text that protect the fairness of the transaction through supplementary agreements to reduce the liability of the seller.
9. Pay attention to the liability for breach of contract.
The default referred to here includes: the buyer asks to move out after signing the contract, and does not pay on time; The developer asks to change the house after selling the house and does not deliver the house on time; The change in area exceeds the agreed range; The quality does not meet the requirements; When going through the transfer procedures, it does not comply with the regulations and agreements, etc.
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Review the qualifications of the developer: If the developer has a pre-sale permit for the house, it also means that the developer also has a 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.
The text of the purchase contract: the text of the standard house sale contract printed by the real estate management department must be used, and filled in one by one in accordance with the terms listed in the text; The precautions of the contract should also be seen clearly, whether the rights and obligations in the precautions clauses of the purchase contract are equal to whether the rights and obligations filled in by both parties are equal.
Determination of the delivery date: insufficient funds and postponement of delivery is a common thing, developers often make a fuss about the pre-sale contract, buyers in the signing of the contract, must be unmistakably specified as "a certain year, a certain month, a certain day", and indicate the developer can not deliver the house on time to bear the responsibility.
The quality of the house: When signing the contract, the buyer should carefully scrutinize the contents of the two books, the "Commercial Residential Quality Assurance Certificate" and the "Residential Instruction Manual", and take the warranty certificate as an annex to the contract.
Buying a house can be said to be a major event in our lives, and a comprehensive understanding of the process of buying a house and adequate preparation can make the whole process efficient and smooth. Here's how to sign up for a new home.
1. Review the qualifications for buying a house. The first step in signing a new home contract is to review the qualifications of the buyers and conduct a screening of the buyers.
2. Sign the subscription letter. Customers who meet the conditions for buying a house will sign a subscription letter with the developer for the ** that has been determined and selected. The subscription letter mainly contains the basic information of the subscription, the payment amount of the subscription amount and the specific time to determine the formal purchase contract with the developer.
3. Sign the purchase contract. When the formal purchase contract is signed, it is necessary to be very cautious, and the provisions of both the buyer and the developer on the content and situation of the contract and the liability for breach of contract should be recorded in the contract, or appear as a supplementary agreement, so it must be considered to improve.
4. Sign a loan contract with the bank and register with the housing authority. Before signing the loan contract with the bank, the bank needs to approve the buyer's credit and repayment ability, and after the approval is passed, the formal loan contract can be signed, and wait for the bank to lend.
6. Go through the transfer procedures. Going through the real estate transfer procedures is a crucial step in the process of buying a house, the whole commercial housing transaction process is a transfer process of housing property rights, if you do not handle the transfer, then the property rights of the house will always belong to the developer, in case you pay the money but do not handle the transfer, the developer will sell the house one house and two houses, and the buyer is really at a loss.
7. Handle the registration of real estate mortgage. After getting the real estate certificate, the person who took the loan to buy the house needs to take the real estate certificate to the housing management department for the registration of the real estate mortgage, and the previous loan contract registration will take effect, and the relevant bills must be kept, and after the bank loan is repaid, the house that has been mortgaged will be released and the property rights of the house will be officially taken back into their hands.
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Before paying the down payment, these three things must be there, otherwise you will suffer a big loss: First, you can understand the condition of the house and whether there is a mortgage or illegal construction. Second, read the terms clearly, the terms of the contract and the attribution of responsibilities should be carefully considered, and the delivery time should be clear.
Third, online signing makes real estate transactions more transparent and can also prevent owners from selling more than one house.
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The precautions for signing a contract for the purchase of a house are: filing and registration, handling the transfer procedures, and paying the fee.
1. Go to the housing authority for the registration of the loan contract, after the loan is completed, the buyer must go to the housing management agency for the registration of the loan contract, the reason is that after the buyer signs the loan contract with the bank, the house is temporarily suitable for pawning to the bank.
2. Dealing with the transfer procedures, dealing with the real estate transfer procedures is a crucial step in the process of buying a house, the entire commercial housing sales process is a moving process of house property rights, if you do not deal with the transfer, then the property rights of the house will be permanently attributed to the developer, if you pay the money but do not deal with the transfer, the developer will sell the house one house and two houses, and the buyer is really at a loss.
3. When dealing with the transfer procedures, you must also pay the deed tax, real estate ownership registration fee, warrant production cost, etc., and you can apply for the real estate certificate after the transfer procedures are completed.
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Clarify the liability for breach of contract, the agreement on the failure of the loan, the size of the house, the quality of the house, and the time of use of the infrastructure. When buying a house, it is very important to sign a contract for the purchase of a house, and many times people are easy to be fooled because they do not understand some legal knowledge and experience in buying a house.
1. Clarify the liability for breach of contractIncluding: after signing the contract, the buyer asks to move out and does not pay on time; The developer asks to change the house after selling the house and does not deliver the house on time; Forcibly handing over the house when the conditions for delivery are not met; The developer has a situation where the house is sold twice and the house is mortgaged; When going through the transfer procedures, it does not comply with the regulations and agreements, etc.
2. The agreement of the loan is not successful:After signing the purchase contract, if the buyer has a bad personal credit history or other reasons, the bank will not lend. The buyer shall agree:
If the purchase of a house fails due to the failure of the bank loan application or the refusal of the bank loan, both the buyer and the seller can terminate this contract.
3. Difference in house area:When handing over the house, a common problem is the shrinkage of the area in the suite. Therefore, it should be agreed in the contract how much of the common area of the building area and the common area of the suite should be agreed, and the handling method of the error of the construction area of the suite and the error of the construction area and the construction area of the suite should be agreed upon.
4. Housing quality problems:When signing the contract, the buyer should carefully scrutinize the contents of the "Commercial Housing Quality Assurance Certificate" and the "Residential Instruction Manual", and take the warranty certificate as an annex to the contract. Necessary agreements are made on the straightness of walls, floors and ceilings, the waterproofing of ceilings, kitchens and bathrooms, and surface cracks.
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There are 4 major matters to pay attention to when buying a house and signing a contract: (1) Determine the property rights of the house. The new house looks at the "five certificates", and the second-hand house should check the owner on the real estate certificate.
2) The specific conditions and time limit for delivery should be agreed. (3) List the fees to be paid to avoid arbitrary charges. (4) The liability for breach of contract should be clearly stated in the contract.
Avoid the developer passing the buck.
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First of all, the first step is to confirm whether the property seller holds the "Goods.
Housing Pre-sale Permit. The main body of commercial housing should be the real estate development enterprise holding the "commercial housing pre-sale license" and "business license", if it is a ** sales agency, it must obtain the authorized sales power of attorney of the real estate development enterprise, and also need to hold the "real estate brokerage agency record certificate" and "business license". Secondly, when paying the purchase price of commercial housing, signing relevant contracts, subscription letters, and letters of intent, you must ask the seller for contracts, subscription letters, invoices, bills, etc., which are stamped with the seal of the real estate development enterprise.
In addition, in addition to the payment of the housing payment, deed tax and registration fee agreed in the contract, there are no expenses that have nothing to do with the purchase price, such as "tax avoidance", "service fee" and "intermediary fee". Fourth, do not participate in any form of "fund-raising to build houses", "cooperative construction", "market operation housing" and other suspected illegal and illegal financing purchases. Fifth, if you want to pay a deposit, you must look at the deposit contract, understand the terms of the contract, avoid falling into the deposit trap, and buy a house rationally.
Sixth, applying for a mortgage loan is the choice of home buyers, and real estate developers have the obligation to cooperate, and consumers need to have an estimate of whether they can apply for a mortgage loan when buying a house. Be clear about what the respective responsibilities of both parties are if the mortgage fails. If the salesperson promises to help with the mortgage loan, this commitment needs to be clearly written in the contract.
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The precautions for signing the purchase contract are: 1. Check whether the purchase contract provided by the developer is in a unified format, and must use the standard housing sales contract text printed by the real estate management department, and fill in the terms listed in the text one by one. 2. Clarify the time for handling the real estate certificate, and require the developer to ensure that it fulfills its obligations within the specified time limit.
3. The liability for breach of contract should be clearly stated in the purchase contract, and the liability for breach of contract should include: the buyer requests to check out and fails to pay on time after signing the contract; The developer asks to change the house after selling the house and does not deliver the house on time; The change in area exceeds the agreed range; The quality does not meet the requirements; When going through the transfer procedures, it does not comply with the regulations and agreements, etc.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses:
1) The names or addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Precautions for signing a contract for buying a house: 1. Determine the property rights of the house. 2. It is necessary to agree on the specific rules and time limits for delivery. (3) List the fees to be paid to avoid arbitrary charges. (4) The liability for breach of contract should be clearly stated in the contract. Avoid the developer shirking responsibility.
Legal basis
Article 16 of the Administrative Measures for the Sales of Commodity Housing stipulates that when selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing. The following main contents shall be clarified in the joint sale and purchase of commercial housing: (1) the name or name and address of the parties; (B) the basic condition of commercial housing; (C) the way of sale of commercial housing; (4) The method of determining the price of the commodity and the total price, the method of payment, and the time of payment; (5) The conditions and date of delivery and use; (6) Commitment to decoration and equipment standards; (7) Commitments for the delivery of supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communications, roads, and greening, as well as related rights and responsibilities; (H) the ownership of public supporting buildings; (9) the way in which the area difference is handled; (10) Matters related to the registration of property rights; (11) the method of dispute resolution; (12) Liability for breach of contract; (13) Other matters agreed upon by both parties.
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