What are the issues to pay attention to when buying a house during the prohibited trading period

First of all, it should be noted that the law does not stipulate that the transaction is prohibited within 5 years of the purchase of a new house, but the transaction within 5 years has to pay high business tax and personal income tax, so there are many cases where the transaction is not completed within 5 years, because the buyer and the seller are unwilling to bear the relevant taxes.

But this is actually very risky.

Because buying a house but not staying in the house is very risky for the buyer.

For example, the seller may regret it in the future, and now the house price has risen, I have handled a lot of such cases, requiring the buyer to increase the price before cooperating with the transfer, usually the buyer has to solve the problem through litigation procedures, and the loss of life and money.

Others will sell more than one house, and then the seller will run away with the money; There are also sellers who have not transferred the house due to other debt disputes, which leads to the seizure of the house by the judicial authority, and the transfer of ownership cannot be carried out smoothly in the future, and various situations may occur.

Therefore, it is recommended that you consider carefully, because no matter how good the agreement is, it will not be able to prevent the potential risks of the invasion itself.

If you must buy, then it is recommended that you ask the other party to provide the corresponding guarantee, that is, to guarantee that you can trade with you after five years, and to agree on the liability for breach of contract, such as if the other party regrets not selling you the house in the future, how to compensate for your losses, and even consider asking the other party to compensate for the loss of the price increase of the house. And it is best to agree clearly on the transfer fee, what if the transfer fee is raised again after five years? These questions are written in detail.

If you still have any questions, you can send a message to ask further.

The law does not prohibit the purchase of a new home for 5 years, which is a false statement.

The law stipulates that the purchase of a new house is less than 5 years old to pay tax (business tax), equal to 5% of the transaction price, so you should prevent being deceived when you buy a house, the purchase and sale transaction is generally the buyer pays a deposit to the seller first (the state stipulates that the deposit for the purchase of a house shall not exceed 10% of the transaction price), and then take the remaining house payment to the bank to do bank supervision, and wait for the house to be transferred to your name, and the bank will automatically transfer the money to the seller's account after checking clearly. So you don't believe what others say to you that buying a new house is prohibited from trading for less than five years, this must be a lie, if you don't understand what I said above, you can go to the local land bureau to ask for clarification, or search for relevant information on the Internet.

Legal analysis: General commercial housing is not allowed to be traded within five years, but business tax must be paid within five years, which has been changed to two years. The buyer needs to pay deed tax and stamp duty.

Legal basis: Article 38 of the Law of the People's Republic of China on the Management of Urban Real Estate The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

The staff of Hejian City, Hebei Province confirmed to reporters that the city issued a new policy for real estate regulation, which stipulates that the city's household registration households are limited to two sets of ordinary housing, and new housing purchases are not allowed to be traded within five years.

The new policy stipulates that the housing purchase restriction policy will be implemented in the main urban area of Hejian City, and households with household registration in the city who already own two or more houses in the main urban area are temporarily prohibited from purchasing ordinary commercial housing (144 square meters and below). Strict pre-sale management of commercial housing. Newly purchased housing (including newly built commercial housing and second-hand housing) shall not be traded within five years.

The starting time shall be subject to the online filing time of the commercial housing sales contract, and the transaction can only be made after five years from the date of online filing of the commercial housing sales contract and the real estate registration ownership certificate is obtained.

The new policy clarifies that the differentiated housing credit policy will be implemented, the down payment ratio of housing provident fund loans will be adjusted, and the acceptance of non-local personal housing loans of the housing provident fund will be suspended. Strictly control the bidding for commercial housing land, reasonably arrange the timing, scale and area of land according to the city's demand for commercial housing land, start the land work in a timely manner, and stabilize market expectations.

It is understood that Hejian City is close to Gaoyang and Renqiu, bordering Xiong'an New Area, adjacent to Xian County in the south, located in the center of the Beijing, Tianjin, Shi (Shijiazhuang) triangle, 189 kilometers away from Beijing in the northeast, and 183 kilometers away from Tianjin.

Effectively stop speculation.

The news comes from NetEase News.

This local policy is different, the local government has the authority to regulate the housing market, if the sale is restricted, the corresponding regulations should be introduced. You can use the restricted sales regulations of your location, subject to the regulations.