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Anonymous users2024-02-08Hello, similar to real estate disputes, it is recommended to consult a lawyer online with a lawyer, I have asked, it is more professional, and you can comprehensively your questions one-on-one.
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Anonymous users2024-02-07First, it is necessary to check whether the developer has a pre-sale permit for commercial housing, and with a pre-sale license, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a property certificate when you buy a house.
Second, it is necessary to use the standard housing sales contract text uniformly printed by the real estate management department, and fill in the clauses listed in the text one by one, and must not be sloppy. At present, Xi'an implements online signing for the record, but the contract is the same as the paper contract.
Third, pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal. Some developers have filled in the contract text in advance and even fill in the supplementary clauses by themselves, and most of the completed contract texts have unequal rights and obligations. Once this happens, the buyer must put forward his own opinion and must not act hastily.
Fourth, area confirmation and area difference treatment. 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. Fooling can only be avoided if there is a detailed agreement on the difference in area in the contract.
Fifth, we must pay attention to whether the payment method for the sale and purchase of the house is standardized. The amount, period, method and liability for breach of contract shall be stipulated in the contract. Some developers do not sign the contract first, but first ask the buyer to pay a certain amount of deposit, and only give the buyer a receipt, once a dispute occurs, it often causes the buyer to have difficulty in proving that he is responsible.
Sixth, we must check whether the delivery date is determined. It is common for developers to make a big fuss about the pre-sale contract, such as only indicating the completion date without indicating the delivery date; Use some vague language such as "after the installation of water and electricity, after the quality acceptance is qualified, and after the completion of the community support". In this regard, 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 who cannot deliver the house on time.
Seventh, when signing the contract for the sale and purchase of a house, it is best to ask a lawyer or connoisseur to review the contract text for you from a legal point of view to reduce some unnecessary losses.
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Anonymous users2024-02-06Legal analysis: 1) The validity of the pre-sale contract of the commercial housing that meets the conditions for the current sale of the house.
Where the seller signs a pre-sale contract to transfer the house without obtaining a certificate of pre-sale permit for commercial housing, and the house has been completed and accepted before the conclusion of debate in the court of first instance, it may be found that the commercial house is now sold, and where the party claims that the contract is invalid on the grounds that the seller has not obtained a certificate of pre-sale permit for commercial housing, it is not supported.
2) The validity and performance of the reservation contract.
Where a party requests confirmation that the reservation agreement is invalid on the grounds that the seller has not obtained a certificate of pre-sale permit for commercial housing when signing the pre-purchase agreement, letter of intent to purchase a house, etc., it shall not be supported, except where the reservation agreement is determined to be a pre-sale contract for commercial housing. After the appointment agreement is concluded, if one of the parties refuses to sign the housing sales contract without justifiable reasons, and the non-breaching party sues the court to compel the breaching party to enter into a sales contract, it is generally not supported.
Legal basis: Civil Code of the People's Republic of China Article 365 When the right to use the homestead that has been registered is transferred or extinguished, the formalities for changing the registration or canceling the registration shall be completed in a timely manner.
Law of the People's Republic of China on the Management of Urban Dusty Real Estate
Article 8 The transfer of land use rights refers to the transfer of State-owned land use rights (hereinafter referred to as land use rights) by the State to land users within a certain period of time, and the land users pay the land use right transfer fees to the State.
Nineth collectively owned land in the urban planning area, after being expropriated in accordance with law and converted into State-owned land, the right to use the State-owned land can be transferred for compensation, except as otherwise provided by law.
Article 10 The transfer of land use rights must conform to the overall land use plan, urban planning and annual construction land plan.
Article 11 Where local people at or above the county level transfer land use rights for real estate development, they shall formulate an annual plan for the total area of land use rights transferred in accordance with the control indicators issued by the people at or above the provincial level, and report to the provincial people for approval in accordance with the regulations.
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Anonymous users2024-02-05Legal analysis: 1. For the first house, the tax rate of more than 144 square meters in the original policy is 3, and the new policy no longer divides the boundary of 144 square meters, and the tax rate for housing above 90 square meters is 1 5. For the second set of improved housing, the original policy stipulates that the tax rate of 90 square meters and below is 3, and the new policy is 1; The original policy stipulates that the tax rate of more than 90 square meters is 3, and the new policy is 2 2, and the down payment for the second house can already be applied for 4 percent, and the interest rate rises by 10, "If the loan for the first home is paid off, the second set can be counted as the first house."
The benchmark interest rate for the first home loan is currently implemented"3. Newly purchased commercial housing (including newly built commercial housing and second-hand housing) must obtain the real estate ownership certificate for 3 years before it can be transferred. This also means that the new ** is not allowed to trade before the real estate registration certificate is obtained for 3 years.
Legal basis: Constitution of the People's Republic of China Article 22: The State develops literary and artistic undertakings, news, radio and television undertakings, publishing and distribution undertakings, libraries, museums, cultural centers, and other cultural undertakings that serve the people and socialism, and carry out mass cultural activities. Heng Search.
The State protects places of interest, precious cultural relics and other important historical and cultural heritage.
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Anonymous users2024-02-041. First of all, it is necessary to pay attention to whether there is a pre-sale license for commercial housing in the sales book, which is an important criterion for measuring the qualification of the developer;
2. The content of the purchase contract should be as specific and clear as possible;
3. The purchaser of the pre-sold commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial house.
The purchaser of the commercial housing for sale shall, within 90 days from the date of signing the sales contract, go through the formalities of changing the right to use the land and registering the ownership of the house. In addition, if you buy a house through an intermediary company, the buyer should pay attention to the joint price increase between the intermediary and the seller, and the intermediary should also pay attention to the buyer's skipping behavior.
Laws and Regulations
The Civil Code of the People's Republic of China
Article 209.
The creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210.
The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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