Pay attention to those when selling shops, and what to pay attention to when buying and selling shop

3 major precautions for auction shops.

Cheng Lei, secretary general of the Civil Law Professional Committee of the Guangzhou Lawyers Association, believes that there are three aspects that should be paid special attention to in the auction of shops

During the auction process, the shop investor should have a detailed understanding of the property rights of the shop, including whether there is a lease, mortgage and court seizure, etc., and also know whether the shop has any arrears of property service fees, water and electricity charges, etc., and can clearly stipulate the above circumstances when signing the Auction Transaction Confirmation with the auction house to avoid subsequent legal disputes after the auction is concluded.

When participating in the auction, the bidder should verify the situation of the auction shop, preferably conduct an on-site inspection, and keep the current status of the shop at the time of the auction** and other information. Pay attention to the "Auction Announcement", "Auction Instructions", "Auction Catalogue" and other explanations issued by the auction company, and keep them as evidence.

In the event of a legal dispute arising from the auction, the contents of the Auction Transaction Confirmation shall be used as the basis for handling. After successful bidding, the bidder should pay attention to the discrepancies between the contents of the Auction Transaction Confirmation and the Auction Announcement, and if there are any major differences, they should promptly submit them to the auction house, negotiate the differences, and include the revised contents in the Auction Transaction Confirmation after the negotiation to avoid legal disputes afterwards.

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Precautions for shop trading: 1. Whether the buyer and seller are true expressions of intent;2. Whether there is a dispute over the ownership of the shop to be bought and sold, and whether there is any defect in the right;3. Whether the terms of liability and remedies for breach of contract in the contract of sale and purchase are clear and clear.

1. What are the precautions for buying and selling shops?

1. Customer's purchasing power. First of all, understand whether the customer can buy the house in full, if the customer is a loan to buy a house, whether there is a problem with the customer's qualifications must be implemented, so as to avoid the loan can not be in place on time after signing the purchase contract, resulting in a dispute over the purchase of a house.

2. Payment method. The payment method for the purchase of commercial housing usually has three forms: full payment for house purchase, loan house purchase, and installment house purchase, and it is necessary to choose the full payment of the house purchase customer, followed by the loan to buy a house, which can be borrowed up to 5 percent at present, and the maximum term is 10 years;Finally, pay in installments to minimize the risk of selling your home.

3. The interval between the down payment and the final payment should not be too long. Because most of the commercial real estate is larger, the changes are also larger, and the risks contained are correspondingly larger, so it is necessary to shorten the interval between the down payment and the final payment as much as possible.

4. Liability for breach of contract and penalty for breach of contract after paying the deposit. Breach of contract after the deposit is paid is often revealed, so the deposit receipt and payment contract signed after the deposit is paid must clearly state the liability for breach of contract and the penalty for breach of contract.

2. Taxes and fees that need to be paid for the purchase and sale of shops.

a) Buyer pays.

1. Real estate transaction fee: 5 yuan for ordinary residences, 11 yuan for non-ordinary residences Housing registration fee: 550 yuan (10 yuan per additional certificate).

2. Stamp duty on warrants: 5 yuan. Stamp Duty: 0 05, Deed Tax: Transaction Price (or Appraisal Price)3.

b) Seller pays.

1. When the seller is **, the shop must pay the following taxes regardless of the age: real estate transaction fee of 3 yuan per square meter. Stamp duty: 0 05 of the property price of the house.

2. Land Appreciation Tax: If the proof of payment for the purchase of the house can be provided, the land appreciation tax transfer income will be added to the price (the payment certificate will be added by 5 per year) and the applicable tax rate of the relevant tax. If you can't provide proof of payment for the purchase of the house, the land appreciation tax ** let the income transfer income 90 )30.

3. Individual income tax: according to the facts, it is levied as the original value of the real estate and the reasonable expenses) 20, and the approved levy is 7 5 20 for the transfer income. Income from the transfer Original value of the property Reasonable expenses are equivalent to the net income of the individual.

4. Business tax and additional tax: If you can provide proof of payment for the purchase of the house, it will be the first to let the income pay the proof price) 5 5. If the proof of hand-to-hand payment cannot be provided, it shall be the transfer income 5 5; The tax is 5 56 of the difference.

5. Land transfer fee: for commercial buildings, it shall be charged at 35% of the base land price of the grid point; For commercial frontage parcels in the commercial route price section, 10 of the route price will be added to the use of the building, which will be charged at 30 of the base land price of the grid point. Land Transfer Gold Deed Tax:

It shall be levied according to 3 of the price of the land transfer fee collected this time.

Shops** need to pay attention to check whether the developer's five certificates are complete; Determine the investment value of the shop; Be cautious in signing the contract for the purchase and purchase of shops; Verify the structure of the shop itself and the supporting facilities such as water, electricity, property and gas; Pay attention to the issue of shop ownership.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the requirements provided for in Article 39 of this Law;

2) Judicial and administrative organs have made rulings or decisions to seal up or otherwise restrict the rights to real estate or property in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Precautions for buying a shop:

First, there are two kinds of shops: along the street type of outer street shops and ** inner street shops, it is generally recommended to choose street shops, for the inner street type generally depends on the manager's business mode.

Second, for the buyer of the shop, it is necessary to understand whether the property rights of the shop are in line with the national policy, and to know the property right certificate, land certificate, and mortgage status of the shop, so as to avoid property rights disputes.

Third, for the purchase of shops must be selected well, it is best to choose a large number of places, and it is also very convenient for transportation, which is convenient for future development.

Fourth, the area of the shop should also be selected, not too small, too small shop generally will not have too many attractors, should not be too big, not only a waste of money but also more expensive and difficult to rent, the best area is generally 50-100 square meters.

Fifth, for the shops you invest in, you generally hope to be able to rent them out quickly, so the facilities in the shops should be perfect, so that it is easier to operate.

Sixth, there is generally a cultivation stage for the investment of shops, about 3-5 years, and when the shops are mature, they can be rented out.

Seventh, as for how to operate the shop you buy, you can consult some books to help you grow the shop.

Before purchasing a shop, you should check the ownership status of the purchased house with the real estate transaction center in the district where the house is located, and check whether the developer has all the licenses from land development to real estate sales, including whether it is mortgaged and whether it is subject to judicial restrictions

1. The purpose of the house. See if it is indeed commercial and indicate it in the contract;

2. Common apportionment area. The shared area of shops is generally 30%-40%, or even 50%. Therefore, for buyers, the unit price of buying a shop is higher than that of residential houses, if an error is allowed within a certain range, it may also bring tens of thousands of yuan of changes, it is recommended that buyers choose the way to calculate the unit price according to the usable area, and clearly agree on the size of the shared area and property rights in the contract, and determine the planning and design of the common parts.

At the same time, let the developer agree in the purchase contract that the shared area of the shop is too large or too small;

3. Property management. Many disputes between buyers and developers are concentrated in the property management of shops, which is also a link that buyers tend to ignore when buying shops;

4. Delivery conditions. When signing the shop contract, the floor layout, floor load-bearing, parking space, fire protection cherry blossom, advertising space, passenger and freight elevators, entrances and exits, permeability, display surface, column spacing, floor height and supporting facilities and other conditions should be specially agreed, and attention should be paid to the acceptance when handing over the house;

5. Attention should be paid to the commitment of the real estate developer. A considerable number of people are interested in the promise of the real estate developer when buying a shop, such as after-sales charter, with an annual yield of several percent. It should be noted that, according to Article 11 of the Administrative Measures for the Sales of Commodity Housing of the Ministry of Construction, real estate development enterprises shall not sell uncompleted commercial houses by means of after-sales leasing or disguised after-sales leasing and burying losses.

The real estate market is risky, and buyers should carefully assess how likely it is that the real estate developer's promise will be fulfilled;

6. Loans and other taxes. Shop loans are low, the term is short, the interest rate is relatively high, and the bank's review of the qualifications of commercial borrowers is stricter than that of residential loans, so home buyers should take into account the pressure they face when the loan cannot be realized; The purchase of a shop should pay a deed tax of 4% of the total house price, and the precautions for signing the shop sales contract are also contract stamp duty, business tax, land appreciation tax and personal income tax.