What are the legal issues to be aware of when buying a house?

Buying a house is a relatively important thing, which is related to our vital interests. In the process of buying a house, you should pay more attention, observe some details, and understand the situation of the house in many aspects, especially when it comes to the signing of the contract, you should pay more attention to avoid itEncounter unnecessary disputes and troubles.

1. Before buying a house and signing a contract, you should pay attention to whether the house is complete with five certificates. When buying a new house, we should pay attention to whether the house is complete with five certificates and whether there is a pre-sale license. Choose an existing house with five certificates as much as possible, at least you can actually check the situation of the house, such as the greening of the community, the supporting situation, the structural layout of the room, and what problems can be seen intuitively.

In addition, there are many off-plan houses on the market, which are in the stage of construction, so we should pay special attention at this time to avoid encountering houses with incomplete procedures, and also pay attention to whether the house is in a normal construction state, what the surrounding environment is, etc.

Second, when buying a house, pay attention to keeping the purchase invoice. In the process of buying a house, it will involve the payment of taxes and fees, so there will be a lot of bills, these invoices for buying a house are more important and should be kept properly, as well as the tax invoices paid and the invoices for public maintenance, which must be kept well, these are important documents for buying a house, and they are important bills to protect their rights. If you lose it, it may be a bit of a problem.

3. Pay attention to whether the purchased house has any debt disputes and whether it has been mortgaged. Buying a house is a very important thing, it is not easy for us to buy a house, especially if we have worked hard for many years, saved up for a down payment to buy a house, and then have to pay off the mortgage every month, therefore, we should be cautious when buying a house, compare more, and check the situation of the house more. When buying a house, some houses may have debt disputes, and you should pay attention to this kind of house, and some houses may be mortgaged, which may affect your own transactions and use of the house.

When buying a house, you can listen to the advice of professionals in advance. What other good advice do you have to share with?

First, it must be seen whether the real estate developer has five certificates, "five certificates.""That is, "State-owned Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Commencement Permit" and "Commercial Housing Pre-sale (Sale) Permit". Second, the area of the commercial house includes the construction area, the building area in the suite and the shared area Third, it is necessary to pay attention to whether the purchased house has any debt entanglements and whether it is mortgaged, and fourth, it is necessary to pay attention to the land use period of the house, whether it is 40 years or 70 years.

When buying a house, you should first pay attention to the purchase contract, and pay attention to whether the house is complete with 5 certificates, and also pay attention to keep the purchase invoice, because it involves the payment of taxes and fees, so it should be kept, and when buying a house, you should pay attention to whether there is a debt dispute and whether it is mortgaged.

Pre-sale certificates, property rights and other issues. You can't buy a house without a pre-sale certificate; A house with a small title cannot be bought.

When buying a house, you should pay attention to: 1. Buy an existing house or a quasi-existing house as much as possible. This avoids a number of risks, such as:

The height of the window sill, the net height is too low, the balcony design is unreasonable, the house is too small, the plumbing equipment layer, the house is unfinished, indoor harmful gases, changing the structure of the house, cracks and other surface quality problems. 2. Strive to sign the contract directly in one step, do not pay a deposit, and do not sign a subscription, otherwise, it is easy to be passive and restricted. You really have to pay a deposit, and don't pay too much.

Although the deposit is generally refundable before signing a formal contract, you should not trouble yourself. 3. In accordance with the law, the developer's commitment in the building brochure or advertisement shall be written into the supplementary agreement. If the developer does not agree to write, prepare a small tape recorder in advance to record the developer's verbal promise.

1. Inspect the "two certificates and one book" of the construction project.

2. Check the ownership certificate (real estate ownership certificate, house ownership certificate, land use right certificate).

3. Be sure to find out, **, house mortgage and seizure.

Legal knowledge about buying a house:

1. The tenure of civil residential buildings is 70 years, the tenure of commercial buildings is 40 years, and the tenure of industrial buildings is 50 years.

2. In the relevant national real estate laws and regulations, there is no intention money, either a deposit or a deposit.

3. When buying a house, most of them will have some area that is given away, such as a balcony. Balconies are divided into closed and semi-enclosed two strip forest species, closed balconies should be counted as all the area, semi-enclosed balconies are only half of the area, the more semi-enclosed balconies, the more value.

Legal basis] Article 63 of the Law on the Management of Urban Real Estate, as determined by the people of provinces, autonomous regions and municipalities directly under the Central Government, the local people at or above the county level shall be responsible for real estate management and land management by one department;

A unified certificate of real estate right may be produced and issued, and in accordance with the provisions of Article 6 and Article 11 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the certificate of real estate right.

1. 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.

First, 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.