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**Say that I am engaged in the real estate industry, and I have also been engaged in the second-hand housing industry before, it is not strange for you to be in this situation! So let's give you a simple answer.
When you buy a house, you give a deposit of 50,000 yuan first, and pay the remaining 50,000 yuan within a month, right? First, if you buy this kind of second-hand house, I don't know if it's **, the house price is relatively low, and second, you need to confirm whether this house can be transferred and renamed? The Holy Master's affairs must be signed with the master, and the receipt must be kept, or the receipt must be received, etc.!
First of all, the transfer is the transfer, the Gongming is the Gongming, you want to defeat the meaning of the two words, so it is a direct real estate transfer, or directly to the front of the Gongming? You have to understand and understand the relationship!
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Generally, the transfer is handled only after the payment is basically paid, and the buyer and the seller negotiate to settle it, keep the receipt, and sign the contract. and entrust witnesses to corroborate.
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The payment method for selling the house in this way is still more reasonable, after all, your total price is only 100,000, not a lot, 50,000 deposits are paid first, and the remaining 50,000 are paid off in a month and then transferred, there is nothing that is not okay, you can even pay a deposit of 50,000 first, and the remaining 50,000 can be paid off on the day of transfer, in short, as long as you get the full amount before the transfer, it is safe, and if you do not pay the final payment, the deposit can also not be refunded. Now the transfer is very fast, so you can also collect the balance on the day of the transfer. In addition, it is necessary to sign a formal sales contract, which indicates the liability for breach of contract for late payment, so as to protect their rights and interests to the greatest extent.
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If it is clearly agreed that 50,000 yuan is the deposit, and the owner issues a receipt for the 50,000 deposit, then the deposit can only be 50,000 yuan, and 160,000 yuan is used as the purchase price. If the owner defaults, the deposit will be refunded for a total of 100,000 yuan, and the purchase price is 160,000 yuan, for a total of 260,000 yuan. At the same time, according to the regulations, the maximum liquidated damages are generally not more than 20, if you count 160,000 as a deposit, more than 20% of the total house price, will not be protected by law, but if there is a clear text in the contract, it will be handled in accordance with the contract.
In view of the current situation, you can negotiate with the landlord to see if the contract can continue to be performed, otherwise it will be treated as a breach of contract by the landlord.
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No, you must go through the transfer of real estate after the buyer pays the full amount, to be honest, the buyer will pay the balance the next day after the transfer, I do not agree, because the property belongs to the buyer after the transfer, although the buyer wrote an IOU, but if the buyer says there is no money, what should you do, anyway, your property has been transferred to the buyer, the other party can drag you, then you only have to fight a lawsuit with the other party, so it is recommended that you must pay off the house and then transfer the house to avoid trouble.
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A formal purchase agreement is required. It is to indicate in the payment terms that the buyer will pay 50,000 yuan within a few days after the buyer's agreement is signed, and the seller will deliver the house book to go through the transfer procedures within a few days after receiving the payment, and the balance will be paid according to the terms negotiated by the two of you. In other words, if you receive 50,000 yuan, you will take the house to make a mortgage, too little, right?
After the transfer, the house is someone else's, what should I do if the mortgage can't be done, and what will the other party take to pay you back? If you don't know the specific situation, it is recommended that you find a reliable intermediary company to consult.
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It's not illegal. Assuming that this suite is a first-hand house, and the house has not been filed with the Construction Committee, you can go directly to the developer to change the bottom list, which is what you call a name change. You sign a new contract with the developer. This is informal and cannot be said to be illegal.
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First of all, the property is renamed.
There are three main cases: direct addition, gifting, and buying. The so-called renamed house of our common intermediary refers to someone else's first-hand house without a property certificate, which directly changes hands and changes to the buyer's name.
This situation is not illegal for the time being, but this operation is very risky, because it is mainly by changing the name of the buyer in the purchase contract, so as to achieve the purpose of changing the name, not by changing the name of the property certificate as the traditional property owner. To purchase a renamed house, it is necessary to confirm whether the right holder of the direct name change is the person who originally signed the purchase contract with the developer, and whether there are other relevant rights holders, so as to avoid disputes. In addition, it is also necessary to pay attention to whether the developer has filed and registered the contract, whether the developer agrees with the citizen, and there are additional fees and conditions for changing the name, and this fee will be relatively high.
Although this method constitutes illegal, but the name change needs to go through the house purchase process again, and the contract needs to be filed online or at the housing authority.
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Not illegal, but involving violations.
There are a few points to note about the following:
1. It is necessary to confirm that the developer can change the name.
2. Before changing the name, it must be confirmed that the house really exists and belongs to the transferor.
3. Whether the developer of the housing real estate transaction department has been registered and whether it has been seized or mortgaged.
4. If there is no problem with the above confirmation, you can pay a deposit of 120,000 yuan and ask the other party to arrange a direct contract with the developer.
5. If you can successfully sign a contract with the developer and change the name of the invoice, you can pay the house price to the original buyer according to the invoice amount.
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But the house with a loan in my father's name, so if my mother's name is written on this house now, my loan is still the same as the name on the house purchase contract, loan contract and real estate certificate. You didn't take out a loan to buy a house before, so.
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Article 115 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Security Law of the People's Republic of China stipulates that if the parties agree to pay a deposit as security for the conclusion of the main contract, and the party paying the deposit refuses to enter into the main contract, it shall not have the right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, the deposit shall be returned in double.
Therefore, if you don't want to sell after receiving the other party's deposit of 5,000 yuan, it is a breach of contract and you need to return the deposit twice. The other party's request for you to return 10,000 yuan is in line with the law.
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Hello, there is a great risk in getting the property certificate, and it is recommended to go through the mortgage registration after the transfer.
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The contract should clarify the responsibilities of the homeowner, and if the property cannot be transferred by then, you must pay you a penalty of 140,000 yuan or a specified amount. After paying 140,000 yuan, he brought the house book and land certificate to prevent the owner from mortgaging the house to others.
Also, be sure to go to a notary public to notarize.
If you meet these two points, you don't have to be afraid of him denying it. I wish you all the best in buying a house.
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You can find the agreement casually, but you must go to the court to be fair, whether he has the right to say that the transfer of ownership to you after half a year is not his final say, in case there is an economic dispute, the house may not be the owner's, only the court can be fair, the procedures you write have legal benefits! If he has mortgaged the house to someone else now, and you buy his house again, the court will judge according to the time order, and it will be different if you want to be fair, then it will definitely be yours! Be careful, a house is not a matter of two dollars.
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To be fair, it is better to be able to lend, through the bank, lend. At least it is also a transfer.
The contract mainly states your rights and his responsibilities.
**There is a template, and there is really no template to go to the local construction committee to make a copy!
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