Precautions and procedures for buying a shop, and what matters need to be paid attention to when buy

Legal analysis: 1. You can't use the provident fund to buy a shop.

2. The shops are used for operation, so it is said to be commercial in nature, and houses of this nature cannot apply for provident fund, and only civil residences can apply for provident fund. Materials needed to buy a shop:

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".

Legal basis: Administrative Measures for the Sales of Commodity Housing Article 7 Commodity housing for sale shall meet the following conditions:

1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise;

B) to obtain a certificate of land use rights or approval documents for the use of land;

3) Holding construction project planning permits and construction permits;

4) has passed the completion acceptance;

5) Demolition and resettlement have been implemented;

6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction schedule and delivery date;

7) The property management plan has been implemented.

Derivative question: What are the conditions for the formation of a contract?

There is a two-party or multi-party law that is the subject of the contract. The so-called contracting subject refers to the person who actually concludes the contract, they can be both the future parties to the contract and the first person of the party to the contract, the contracting subject is different from the subject of the contract, the subject of the contract is the party to the contractual relationship, and they are the people who actually enjoy the rights of the contract and bear the obligations of the contract.

1. Shop safety: Whether the shop has a lease and the lease expiration date. For example, a shop with a lease agreement must make it clear that the original lessee has waived the right of first refusal, and the shop on the allocated land must also pay the land premium after purchase.

2. The rent adjustment is based on the 5-year lease as an example, the rent does not increase in the first 2 to 3 years, and gradually increases from the 4th year. There are generally two ways to increase rent: cumulative increase, that is, the annual rent increases according to the increase ratio, but the increase base is subject to the rent of the previous year**; Month-on-month increase, i.e. rent increases every period of time (usually about 3 years).

3. Rent** In addition to meeting their own purchase affordability, the rent of shops should also be compared with surrounding shops and similar products.

4. The relevant policies of shop loans generally do not exceed 3 million yuan, the maximum loan amount is 6 percent, and the term is 10 years. A shop is a real estate that is specially used for commercial activities, and is a place where operators provide goods transactions, services and experiences to consumers. In a broad sense, the concept of shops includes not only retail business, but also real estate used in entertainment, catering, and tourism, profit-making exhibition halls, sports venues, and bathrooms, as well as banks, ** and other commercial business trading places with the physical existence of buildings.

We can find that the concept of shops has undergone great development, from the initial operation of goods and commodities to the level of service goods and experience goods. Obviously, the form of the above different business commodities will directly affect the location, traffic conditions, positioning, size, space, structure, decoration method, style, commodity type, supporting conditions, etc. There are many ways to classify the types of shop investment, and the shops are classified according to the development form of the shops, and the specific classification is as follows:

1. Investment in commercial streets;

2. Market shop investment;

3. Investment in community shops;

4. Investment in shops at the bottom of the building;

5. Investment in department stores and shopping malls;

6. Investment in commercial buildings and office buildings;

7. Investment in transportation facilities and shops. Buying a shop must require careful calculation, because the value of the shop is definitely much higher than the value of a pure residence, and you have spent a lot of money to buy a shop, if there is a mistake in the judgment of the location, you may lose a lot.

1. Owners should pay attention to four major problems.

1. Customer's purchasing power. First of all, understand whether the customer can buy a 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 quick, so as not to sign the purchase contract after the loan can not be in place on time, 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 purchase of house, loan purchase of house, and installment purchase of house, and it is necessary to choose the full purchase of the house, followed by the loan to buy the house, which can be loaned up to 5 percent at present, and the maximum term is 10 years; Finally, the installment payment is made to minimize the risk of selling the house.

3. The interval between the down payment and the final payment should not be too long.

4. Liability for breach of contract and penalty for breach of contract after paying the deposit.

2. Three major issues that customers should pay attention to.

1. Property rights. Be sure to check the title deed, land certificate, mortgage or pledge status of the property before purchasing, etc.

2. The structure of the shop itself. Not all good lots of shops can be used reasonably, in the same case of the shop itself is quite important, the main consideration factors are the proportion of width and depth, the internal layout structure and utilization rate of the house, the height of the house, load-bearing, floors, etc.

3. Supporting facilities. Such as water, electricity and gas, weak current facilities, sewage and chemical oil facilities, etc. Be sure to verify it before purchasing, otherwise the difficulty and cost of transformation will directly restrict the effect of self-operation or leasing in the later stage.

How to choose the location of the shop.

1. Choose an area with a concentrated population.

It is necessary to choose a large number of blocks, which are business districts with frequent commercial activities and mature commercial facilities. Popular places are good for ensuring the daily operation of stores, especially convenience stores, laundries, and other stores that serve the daily life of residents, whether they are doing their own business or renting out, are good choices.

2. Pay attention to the characteristics of the street where the shop is located and the direction and classification of its passenger flow.

The shops along the main commercial roads are better than the shops on the main traffic roads, and the streets will have different characteristics depending on the traffic conditions, history and culture, and location. Choose a street with smooth traffic and more vehicles, and avoid opening a shop in a "dead end". On both sides of the same street, due to the direction of pedestrians, the passenger flow is not necessarily the same, so it is necessary to carefully observe the direction of the passenger flow and the age composition of the passenger flow, etc., and choose the site on the side with more passenger flow.

3. Try to avoid choosing a location on a street subject to traffic control, and there should be a suitable location for parking vehicles in front of the store.

Convenient transportation is one of the important conditions for choosing the location of the store, try to avoid choosing places with traffic restrictions, such as one-way traffic, restricted vehicle types, restricted traffic hours, etc. There is a bus stop or a taxi stand. In addition, there may be a convenient parking place in front of the store, which will bring convenience to customers.

1. Confirm the property rights of the shop: Property rights are a step that cannot be ignored, and it is as important as buying a house. Before buying a shop, we must carefully check the real estate certificate, mortgage or pledge status of the ownership certificate, etc., in order to avoid buying a house with problematic property rights, and be careful not to listen to the sales alone.

2. Investigate the structure of the shop: The reputation of the shop is also very important, in addition to looking at the geographical location of the shop, the quality of its structure also determines the value of the shop. The structure mainly depends on the width of the shop, the depth, the internal layout of the house, the utilization rate, etc., to make sure that there is no problem before purchasing, in order to ensure the convenience of future use.

3. Inspect the surrounding supporting facilities: Generally, the shops near the large mature communities and schools are more popular, and many people feel that the return on investment of such shops is better and the income is better. However, it should be noted that not all good locations have a high rate of return, because some areas just encounter changes in municipal planning, even very busy areas may become unpopular, and some areas under development have good investment space.

Therefore, when buying a shop, it is necessary to take a long-term view, consider the future development of the area, and learn more about the future development of the area.

1. The property rights of the shop. The property rights of the shops must be clear, and before purchasing, you must check the ownership certificate of the house, the ownership certificate of the mortgage or pledge status, etc., and do not listen to the owner's words.

2. The structure of the shop itself. Not all good lots of shops can be used reasonably, in the same case of the shop itself is quite important, the main considerations are the proportion of width and depth, the internal layout structure and utilization rate of the house, the height of the house, load-bearing, floors, etc.; Only these hardware qualifications can ensure that customers can better meet the use standards of themselves or the tenant in the use or later lease.

3. Supporting facilities. A good package can save a lot of cost and energy for business customers. Such as water, electricity and capacitors, gas, weak current facilities, sewage and chemical facilities, etc.

Be sure to verify it before purchasing, otherwise the difficulty and cost of transformation will directly restrict the effect of self-operation or rental in the later stage.

4. Choose a good location, the location is directly related to the first place of the shop, the buyer should combine their purchasing ability, too far away from the place in the near future there is not much room for appreciation, too prosperous the location is relatively high, should be considered in combination with the planning of the selected place.

1. How to sign a shop sales contract.

1. The area of the common share is clearly agreed in the contract. When buying a commercial property, it is necessary for the developer to agree in the purchase contract that the solution to the problem of too large or too small the shared area of the shop, so that the buyer will not fall into passivity when encountering problems such as the common area of the shop in the purchase of commercial property. Only by agreeing in advance to be strict and detailed can we successfully protect our rights when the aforementioned circumstances arise.

2. Clearly agree on the time limit for delivery. When signing the contract for the sale and purchase of shops, strict regulations should be made on the delivery period, and it should be agreed that once the delivery is overdue, the developer shall bear the penalty for delayed delivery and the rent loss of the buyer in addition to the liquidated damages.

3. Pay clear attention to property management issues. Compared with residential properties, commercial properties (especially shops) have different business formats and diversified property attributes, so it is rare and difficult for commercial properties (especially shops) to set up a separate owners' committee. A link that buyers tend to overlook when buying a shop.

Therefore, when buying a shop, buyers should not easily sign a property management contract with the developer.

4. Pay attention to the issue of neighboring rights. In the daily business activities of the property, disputes over the adjacent rights of shops also occur from time to time. Before purchasing a shop, buyers should understand the overall planning of the entire property, so that it should be detailed rather than coarse, and clarify the ventilation, lighting, passage and architectural layout of the property, so as to avoid unnecessary disputes caused by the operation of the shop in the future.

5. Clearly agree on the delivery conditions of the shop. The real estate conditions of commercial properties are very important for investors to attract investment and for the future operation of operators. When signing the shop, it should be specially agreed on the floor plan, floor load-bearing, parking space, fire protection, advertising space, passenger and freight elevators, entrances and exits, permeability, display surface, column spacing, floor height and supporting facilities, etc., and pay special attention to acceptance when handing over the house.