Is it necessary to hire a lawyer when buying a house?

There is no need to hire a lawyer when buying a house, just go to a notary office to notarize it when buying a house.

Legal analysis: It is not mandatory to pay the legal fee for buying a house. If you don't need to entrust ** or notarization when buying a house, you don't need to pay lawyer fees.

However, if you don't know enough about the developer of the house you are buying, and you are not at ease with the house, you need to pay a lawyer's fee to pay a lawyer to check the whole process to reduce the risk of buying a house, save worry and effort, and save time.

The lawyer's fee is generally 3% of the loan amount applied, and if it is less than 100 yuan, the housing provident fund loan will be charged at 100 yuan, and the lawyer's fee will not be charged.

If you need to go through notarization to buy a house, you need to pay a certain percentage of the notary fee, which is generally 200 yuan to 400 yuan, or charged according to the notary office's fee standard.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 13 The transfer of land use rights may take the form of auction, bidding or agreement between the two parties. Commercial, tourism, entertainment and luxury residential land, where conditions permit, must be auctioned and tendered; If there are no conditions and the auction or bidding method cannot be adopted, the method of agreement between the two parties may be adopted. The transfer fee for the transfer of land use rights by agreement between the two parties shall not be lower than the minimum price determined in accordance with the provisions of the state.

Article 14 The maximum term for the transfer of land use rights shall be prescribed by ***.

Article 15 For the transfer of land use rights, a written contract shall be signed. The land use right transfer contract shall be signed by the municipal and county people's land management department and the land user.

Lawyer analysis

Buying a house is a general civil act and does not require a lawyer, but if it involves personal privacy or other reasons, it can also be requested if it is really needed.

Things to note in the purchase contract:

1. The basic "five certificates" are complete.

It is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale license, the developer usually also has a real estate development license, a state-owned land use license, a construction project development license, and a total of five engineering planning permits.

This is the key to whether you can get a real estate certificate when buying a house.

2. Use the standard contract text.

Be sure to refer to the best to adopt and do not modify the text at will, and fill in carefully according to the terms listed in the text to understand the specific content.

Do not arbitrarily sign the "Order Agreement" made by the developer and pay a deposit.

3. The relevant supporting documents are valid.

4. Agree on the conditions and time limit for buying off-plan housing.

5. Clarify the specific time and liability for breach of contract.

6. Check the quality of the house.

7. Clarify property management matters.

8. Focus on agreeing on the liability for breach of contract.

Legal basis

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts (2020 Amendment).

The sales advertisements and promotional materials of the commercial housing are invitations to make an offer, but if the explanation and promise made by the seller on the houses and related facilities within the scope of the commercial housing development plan are specifically determined, and have a significant impact on the conclusion of the contract for the sale and purchase of the commercial housing and the determination of the housing **, it constitutes an offer. Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they shall be the content of the contract, and if the parties violate it, they shall bear the liability for breach of contract Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Contracts for the Sale and Purchase of Commodity Housing (2020 Amendment).

If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude the commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer in Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing (2020 Amendment).

The subscription, ordering, reservation and other agreements of commercial housing shall be subject to Article 16 of the Administrative Measures for the Sales of Commercial Housing.

and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a contract for the sale and purchase of commercial housing.

Legal analysis: The lawyer's fee when buying a house is not a necessary expense, if you do not need to entrust ** or notarize when buying a house, you do not need to pay lawyer's fees. However, if you don't know enough about the developer of the house you are buying, and you are not at ease with the house, you need to pay a lawyer's fee to pay a lawyer to check the whole process to reduce the risk of buying a house, save worry and effort, and save time.

Legal basis: Measures for the Administration of Lawyers' Service Fees

Article 3: Fees for lawyers' services follow the principles of openness and fairness, voluntary compensation, and good faith.

Law firms shall facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.

Article 4: Fees for lawyers' services are to be guided by the first price and market-regulated prices.