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The matters that should be paid attention to when buying a house are: 1. The ownership of the rights and interests of the house and the real actual property owner; 2. The seller may be the second seller of the house; 3. The seller is likely to sell the house that has been mortgaged; 4. The purchased house has quality problems or other special major concealments.
[Legal basis].
Article 148 of the Civil Code provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 235:Where a person does not have the right to take possession of immovable or movable property, the right holder may request the return of the original property. Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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There are a few things you need to pay attention to when buying a house:
1. Try to avoid off-plan housing from problem developers. At present, the capital chain of most developers is still relatively safe. However, in recent years, there have been more and more phenomena about the quality of various real estate projects or delivery problems.
For some developers who blindly expand and have weak strength, the danger of breaking the capital chain is increasing, and the danger of unfinished real estate is also increasing. Therefore, when buying off-plan housing, you must choose a brand developer, so that the safety is higher.
2. Continue to wait and see. The interest rate has been reduced, taxes have been exempted, and the house price is much more reasonable, and the cost of buying a house is indeed a lot lower now. However, in the absence of a significant improvement in the macro economy, these policies will continue to be strengthened.
It should be said that there is still some room for interest rates to fall, and there is still huge room for tax reductions and even subsidies. The most critical house price estimate is that there is still 5 out of 10 room to fall.
3. Try to consider second-hand new houses. It is much safer than off-plan properties. After the state reduced the collection of business tax on second-hand housing from 5 years to 2 years, the advantages of these new houses were clearly reflected.
Recently, I talked with the CEOs of large second-hand housing intermediary companies such as Yuxing, and they revealed that the impact on the market after the introduction of this policy is quite obvious. Such a new house can not only avoid the danger of unfinished off-plan housing, but also have the quality of a new house, and it is natural to be popular.
4. New houses can be purchased through channels other than the sales department. Due to poor sales, developers are racking their brains to find various sales channels. In addition to second-hand housing intermediaries, some developers will also carry out some ** activities through **, banks, large enterprises, etc.
These channels can generally be much cheaper than the sales department, which is also the main way for developers to "secretly drop" in this embarrassing situation.
5. Be vigilant against the so-called internal price and relationship price. At present, there are indeed many ** prices and internal prices, but many criminals are also taking this opportunity to deceive. Therefore, everyone must be vigilant when hoping to buy a house through these channels.
There is also attention**,**It can't be too low to be outrageous, beware**.
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1. What to pay attention to when buying a house.
1. The developer's development and operation qualifications must be legal. That is, the developer must have the "Business License of Enterprise Legal Person" and the "Qualification Certificate of Real Estate Development Enterprise", and develop within the business scope specified in its qualifications;
2. The procedures for development and construction must be legal. The development project must obtain the "Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit" and "Construction Project Construction Permit";
3. The business behavior is legal. In addition to the above conditions, the sale of existing houses must be accepted and qualified, and the supporting construction of the project roads, water supply and drainage, power supply, gas supply, heating supply, communication and greening has been completed or the completion date has been determined, the demolition and resettlement have been implemented, the property management has been implemented, and the "Real Estate Development Project Manual" has been verified to the real estate management department in accordance with the regulations; In addition to the above conditions, the pre-sale of off-plan housing must also obtain the "Commercial Housing Pre-sale License".
4. When signing the contract, the first is to choose the "Commercial Housing Sales Contract" (model text) of the State Administration for Industry and Commerce and the Ministry of Construction, which is relatively complete and standardized; The second is to pay attention to the content of the developer's commitment into the contract.
5. If you are buying a house, you should ask the developer for the "Residential Instruction Manual" and the "Residential Quality Assurance Certificate" when handing over the house. When applying for real estate ownership certificates, it should be noted that whether the property right area and the contract area are the same, if they are different, they can be handled according to the "Administrative Measures for the Sales of Commodity Housing" of the Ministry of Construction, and after handling the "Housing Ownership Certificate", it is necessary to apply for the "Land Use Right Certificate".
Note that in addition to what the upstairs person said, there are also transaction fees and measurement fees, which should be paid by the developer, but the developer often takes advantage of the buyer's unfamiliarity with the regulations and passes them on to the buyer.
2. What are the precautions for buying a house?
After the formal sales of commercial housing begins, a sales office will generally be set up, and buyers can sign a subscription letter at the sales office and pay a deposit after approving the project.
The signing of the subscription letter is a part of the commercial housing sales procedure, and the main contents of the signing of the subscription letter between the buyer and the seller include:
1. Developer's name, address, **; Name, address, and name of the seller; Subscriber's name, address, **, identity document; Specify the name and address of the law firm.
2. The floor of the subscribed property; Type; Room number; Area.
3. Housing prices. Includes unit price; Price.
4. Payment method. Includes a one-time payment; Instalment; Mortgage payments.
5. Subscription conditions. Includes: deposit amount; the time and place of the formal contract; Payment address and account, compensation for breach of contract and dispute resolution during the period from the signing of the subscription letter to the formal signing.
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Legal analysis: The matters to be paid attention to when buying a house are: 1. Determine the goal of buying a house
According to their own income, expenses and other actual conditions to determine the right real estate for themselves. 2. Accumulate a down payment for buying a house and screen the scope of buying a house: choose a real estate that suits you - buy a house within your means.
3. Save travel time and cost: Before buying a house, you should also consider the time cost of travel. 4. Understanding the cost of buying a house
After determining the goal and scope of buying a house, some of the basic costs of buying a house must be calculated in advance.
Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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Note the following:
1.See if the developer's five certificates are complete. The five certificates are "Construction Project Planning Permit", "State-owned Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Permit", and "Commercial Housing Sales (Pre-sale) License".
2.Budget for a home. When choosing a house, you should do what you can, and make a reasonable plan for your financial strength, assets, and loan amount.
3.Check out the developer's testimonial. Buyers should search for real estate information on the Internet before buying a house, find out whether there are any rights protection posts of the developer and the real estate, and avoid buying a house from a black-hearted developer.
4.Don't take the ads lightly. There are many advertisements that have unclear concepts and mislead consumers, so buyers should not believe the advertisements, but should understand the specific situation of the house they are going to buy on the spot and verify whether it is consistent with the content of the advertisement.
1. Problems that need to be considered before buying a house in a different place.
Clause. First, to properly estimate your economic strength, most of the forms of buying houses in other places are two or even multiple purchases, the purpose is to invest and self-occupied, but after all, the house is often hundreds of thousands of things, so you must properly evaluate your economic strength before buying a house.
Clause. Second, you should be familiar with the relevant policies of non-local housing loans, and finally choose a house with the corresponding price according to your affordability. It is important to note that if you choose to buy a house with CPF, you also need to understand whether you can use CPF in other places.
Different places have introduced different housing purchase policies, such as household relocation, ** subsidies, etc. These can be learned through the Internet before buying a house, or ask the real estate sales staff clearly.
At the same time, it is necessary to fully understand the background of the investment project. Generally speaking, the environment and preferential treatment of the real estate are often easy to attract the attention of buyers, but before placing an order, we must understand the legitimacy of the house itself, whether the five certificates are complete and the future regional development, etc., do not blindly follow the trend, do not buy a small property right house because of greed.
2. How to distinguish between a 50-year property right house and an ordinary house.
It can be distinguished by looking at the five certificates expressly indicated by the developer, which refer to the "State-owned Land Use Certificate", "Construction Project Planning Permit", "Construction Land Planning Permit", "Construction Project Commencement Permit", "Commercial Housing Pre-sale License" (or "Commercial Housing Sales License"). Commercial and residential buildings refer to the use of commercial and residential buildings in the nature of the building, commercial and residential buildings are generally chaotic Zheng Qiao, the ground floor is a shopping mall, shops, business, and the rest is a residential complex building. The land use nature of commercial and residential buildings is comprehensive land, and according to the provisions of the national land law, the term of use of comprehensive land is 50 years.
Article 10 of the Urban Real Estate Management Law stipulates that the transfer of land use rights must comply with the overall land use plan, urban planning and annual construction land plan.
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