Is there a risk that you are selling a house and are unwilling to go through capital supervision?

Selling a house is reluctant to goSupervision of fundsThere is a certain risk, if the seller is unwilling to go through the capital supervision, it is easy for the buyer to take advantage of the loophole. If the buyer defaults on the final payment, there is no way to sell the house, but to do it in a hurry.

1. What is capital supervision?

Many people may not understand what fund supervision is, in fact, fund supervision is also known as third-party supervision.

It is very common in real estate transactions. Capital supervision refers to the fact that the funds of the buyer and the seller are not transferred to each other through an intermediary, but the intermediary contacts the local real estate authority to issue a bank guarantee.

Or to say that an institution with a guarantee qualification opens an account. The buyer and seller's funds are relayed using this account, which is also known as money supervision. In fact, a third party was found to supervise the outflow and inflow of funds from both buyers and sellers, so as to avoid fraud by buyers and sellers.

2. Benefits of capital supervision:

So what are the benefits of money regulation to you? The benefits of capital supervision are divided into two aspects, the first is that for the buyer, the buyer can avoid the risk of being swallowed by the seller, many times if the fund supervision is not used, the seller may sell the house to others or mortgage it after receiving the payment for the house, which causes the buyer can not ignore the loss, and the capital supervision can avoid this phenomenon. For the seller, this can avoid the purchase of arrears, so it is recommended to use capital supervision, which is really a little less money, but can ensure the safety of our purchase money.

3. How to apply for fund supervision?

So how do you apply for funding supervision? The application for capital supervision is divided into two parts, depending on whether the house bought and sold has mortgage supervision. If there is no mortgage restriction on the property you are buying and selling, you can apply for fund supervision directly from the local credit consulting agency.

If the house bought and sold has a mortgage.

restrictions, then you need to report to the local mortgage agreement center to transfer the sale of the house to the buyer's name, and then apply for capital supervision, and the buyer needs to settle all the mortgage money in the bank.

There must be risks, and if you don't sell the house through this route, the Money Supervision Bureau will not be responsible for any problems in the future.

There is a risk because it is easy for the buyer to take advantage of the loophole.

This is risky, and if there is a disagreement or a question about the flow of funds, if there is a problem, it will not be able to provide evidence.

There will definitely be some dangers, and the risks are also very large, so I suggest that everyone should go to the capital supervision.

OK. Funds Regulation, (derived from ESCROW), also known as third-party supervision. It is mainly used in real estate transactions.

It means that the transaction funds between the buyer and the seller are not directly transferred through the brokerage company, but by the real estate administrative department in conjunction with the bank and the institution with guarantee qualifications in the bank to open a "special account" for fund supervision, which belongs to the bank.

When the buyer transfers the ownership within the specified period, the funds will be transferred to the original owner's account, otherwise it will be transferred to the buyer's account, so the fund supervision requires both the buyer and the seller to have an account with the supervising bank.

The bank is the main body of capital supervision, so as to ensure the safety of the transaction funds of the buyer and the seller, and safeguard the rights and interests of the buyer and the seller. Similar to online trading platforms such as Alipay, Tenpay and other payment platforms.

Only by adopting the two methods of capital supervision and fund custody can we truly ensure the safety of funds for second-hand housing transactions.

In both cases, funds are frozen through a special bank account, and other personnel cannot use the funds without the authorization of the buyer and seller. In addition, other housing payment delivery modes will make the transfer of funds have certain risks.

The first transaction of the newly built commercial housing is "first-hand", and the second transaction is "second-hand", and the "second-hand house" is relative to the commercial housing in the hands of the developer.

It is a property that has been filed in the real estate transaction center, completed the initial registration and general registration, and is listed for trading again, mainly including commercial housing, second-hand public housing (housing reform housing) that is allowed to be listed and traded, distressed housing, demolition housing, self-built housing, affordable housing, and price-limited housing.

Legal Analysis: 1. No. Funds escrow account, also known as third-party escrow account. 2. Mainly used for real estate transactions. The "special account" opened by the institution with guarantee qualification in the bank for fund supervision is transferred, and the account belongs to the bank.

Legal basis: Article 509 of the Civil Code of the People's Republic of China: The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Does the sale of existing homes need to be supervised by funds?

The sale of existing houses does not require capital supervision, capital supervision is mainly to prevent developers from misappropriating funds to affect the development of buildings, and after supervision, developers can only use the supervision account to withdraw funds in accordance with the construction progress, and the existing houses have been completed, so there is no need for capital supervision. However, it should be noted that many off-plan housing projects have actually been built, but the record in the housing authority is still pre-sale, which also needs to be supervised by funds.

What to pay attention to when buying a new house.

1. Check the relevant documents of the developer of Linghuai business.

Buyers must pay attention to this, and usually, if the developer has a pre-sale permit for the house, there will also be relevant planning permits, land use certificates, and so on. So it's best for buyers to review the developer's pre-sale permit before buying a new house, and to review the original, in case the copy is faked.

2. Pay attention to the contract.

Buyers should sign the house sale contract in accordance with the standards, and fill in the terms listed in the text one by one, and do not sign the "Order Agreement" set by the developer at will. In addition, due to various reasons, the phenomenon of postponement of delivery occurs from time to time, in order to avoid the developer making a big fuss about the pre-sale contract, the buyer must specifically determine the delivery date to "a certain year, a certain month, and a certain day", and write down what responsibilities should be borne if the developer cannot deliver the house on time.

3. Make a good budget for buying a house.

In addition to the down payment and loan-related costs, the buyer also has to pay a portion of the payment when handing over the property, such as deed tax, public repairs**, stamp duty, strata fees, etc. In addition, there may be some small expenses, so in order to avoid disputes with the developer in the future, it is best to understand and prepare in advance.

4. Don't believe verbal promises.

In order to attract more buyers, many projects will exaggerate the advantages of the project, and even fabricate the surrounding facilities that have not yet been built, which may in fact violate the provisions of the advertising law. If the buyer is unsure of the authenticity of the developer's advertising content, he can ask the developer to attach the advertising content to the supplementary agreement to the contract to protect his own rights and interests.