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With the economic development, in recent years, the most eye-catching thing is the development of real estate enterprises, which also benefits from the rapid rise of property prices. However, what we want to talk about today is not the first-hand real estate projects launched by real estate companies, but Second hand house sales How is the transaction process? We know Second-hand house The transaction of is generally related to individuals. The most important thing to be confirmed is about property rights“ Procedures of second-hand house purchase and sale ”Make relevant introduction.
1、 Property right review before sale
The fear of buying houses with defective property rights is a major reason why buyers dare not carry out independent transactions. However, this problem will not be a problem if we do enough preparatory work.
First, carefully check the owner's property ownership certificate Please note that there are several signatures on the property ownership certificate. If there are two people, they need to have two names when signing the following contract; Second, look House purchase Relevant vouchers, such as purchase invoice Deed tax Invoice, etc., as auxiliary evidence To preliminarily confirm the ownership of the house.
Risk tip: the biggest risk in this link is the problem of property right defects, so it is under delivery Deposit Before that, you must check the file and get a definite answer. Your house may be located in mortgage Status, maybe because of Debt dispute The transaction will be declared invalid once there is a problem with the property right of the house.
2、 Pay deposit and sign contract
It is natural to pay a deposit after the house property right is determined. But don't ignore this small link. There are also tips for paying deposit. The house is often more than one million yuan, and the deposit amount calculated by 5% can also reach 50000 yuan. So please be careful when the transaction reaches this stage.
If the house you like is still under mortgage, the deposit should not be directly handed over to the owner, but should be supervised by a third party. If both the buyer and the seller have a trusted third party, they can sign a simple agreement to pay the deposit to the seller after the redemption of the building is completed. It should be noted that "if the deposit is handed over to the supervising third party, it will be deemed that the seller has received it. If the seller refuses to perform the contract on the ground of not receiving the deposit, it will be deemed as breach of contract". If there is no reliable third party, the deposit should be supervised by the bank. The specific approach is: the buyer and the seller can go to the bank to sign a supervision agreement and agree to transfer it to the seller's account after the transaction center completes the delivery procedures.
Generally speaking, an appointment will be signed when the deposit is paid business contract , the demonstration text can be found in Shenzhen Download from the website of the Municipal Land and Housing Administration Bureau. The contract shall at least offer Address, transaction amount, delivery time Liquidated damages and Liability for breach of contract See the model text for specific terms.
Risk warning:
1. The current property price is rising. If the buyer wants to prevent the seller from breaking the contract, he can pay a full deposit or agree on a high amount of liquidated damages to increase the cost of breach of contract. However, the deposit or penalty shall not be more than 20% of the transaction amount;
2. The seller may break the agreement to sell the property on the ground that the deposit was not obtained in the supervision, so the advance sales contract should be noted that "the seller shall be deemed to have received it when it is supervised by a third party";
3. In order to prevent the owner from defaulting on the fees before the delivery of the building, you need to sign a copy bond According to the agreement, the deposit of about 10000 yuan will be deducted from the deposit. After checking that the furniture and electrical appliances are in good condition, the water, electricity and property management fees have been paid, and the keys have been handed over, the deposit will be returned.
3、 Redeem a building
Redemption of a building is a big problem. Different ways of redemptions have different costs, different times of building supply, and different risks. Generally speaking, it is the owner's responsibility to redeem the building. There are two ways to redeem the building: first, the owner borrows money from the bank to redeem the building through the guarantee company, which generates 0.8% of the guarantee fee and 0.4% of the short-term interest on the redemption of the building, and then goes to the bank for mortgage after the buyer's house property certificate is issued; Secondly, the buyer makes a mortgage to the bank through the guarantee company, and the bank will pay the seller the purchase price, which only needs to generate a guarantee fee, but the buyer needs to provide the building in advance.
"For the sake of risk, the buyer had better use the former way to redeem the house. The latter way can save 0.4% of short-term interest on redemption, but if the transaction is terminated, the seller reneges or the house has property rights problems, the buyer will be in a passive position." Wang Qing, director of the mortgage department of Midland Properties, said.
Here are some tips: if you refinance through peers, the above costs will be necessary, but you can save a lot of time. In addition, the guarantee company has a docking relationship with the bank. For example, the bank corresponding to a guarantee company may only be ICBC, BOC, etc. If you don't know how to choose a guarantee company, you can consult with the bank that plans to apply for a mortgage. Otherwise, you may have to make an empty trip to choose a guarantee company first.
Risk tip: The risk caused by building redemption is the largest in this link. The buyer redeems the building with cash or uses the guarantee company to bank loans Redemption of buildings is not advisable. If the transaction is terminated due to unexpected reasons or the house is sealed up, the buyer will take risks. Several experts from the intermediary mortgage department interviewed by the reporter agreed with the "two payments to redeem the building", that is, the owner himself borrowed money from the bank through the guarantee company.
4、 Down payment and capital supervision
In addition to property rights, the second major concern of independent trading is capital regulation. In fact, the capital supervision system has been established, and the buyers and sellers follow the established regulations, so the risk is very small. No matter how the transaction is conducted, the down payment must be supervised by the bank.
The specific operation is: the buyer and the seller sign a capital supervision agreement at the bank, and then each opens an account in the bank. It is agreed that the first installment will be paid to the seller after the buyer has completed the transfer and obtained the new property certificate. If the transaction is successfully completed, the bank will send the money to the seller; If the transaction is terminated due to problems in the middle, the down payment shall be returned to the buyer. Banks generally charge a single supervision fee of about 500 yuan for providing this service, but if you handle capital supervision through the bank to be mortgaged, you can save this fee.
For the sake of fairness, the bank will require both the buyer and the seller to sign the loan release letter first when signing the supervision agreement, so that the buyer and the seller do not need to go to the bank in person when making loans, and the buyer can also prevent the seller from being troubled by the buyer's failure to cooperate with the loan at that time.
Risk warning:
1. The buyer should ensure that the down payment is supervised by an independent third party to avoid capital risk. Using the down payment to redeem the house for the seller is more risky.
2. If the loan release letter is not signed in advance, the seller should urge the unfreezing of the down payment in time after the transfer of ownership by the buyer is completed, so as to avoid "people walk away with the cold tea".
5、 Sign the sales contract
At the Golden Ring Festival, the reporter has informed in advance that a "written agreement" can be signed for independent transactions, which is similar to that of ordinary intermediaries Intermediation contract It is very similar, but the intermediary part is missing. The format can refer to the intermediary's brokerage contract, or go directly to the "Information Disclosure" column of the website of Shenzhen Municipal Bureau of Land, Resources and Housing Administration to download the "Shenzhen Second hand Housing Booking Sales and Intermediary services Contract (2008 Model Text) as a reference.
When signing a written agreement, the most important thing to pay attention to is the property rights, the total price of the property, the transaction taxes and dates. What should be noted is that the written agreement should specify how the transaction taxes are shared by both parties. The date is also very important. For example, the deposit, transfer and delivery time can ensure the smooth progress of the transaction. For example, it is stipulated that the redemption of the building should be completed within 45 days, and the down payment should be supervised by the bank within 7 days after signing the contract.
After the delivery of the first phase, the formal agreement of the Land, Land and Housing Administration Bureau can be signed Second hand Housing Sales Contract 。 The relevant person in charge of the Shenzhen Real Estate Brokerage Association (hereinafter referred to as the Real Estate Association) told the reporter that both parties to the independent transaction can go to the website of the Real Estate Association, register and fill in the relevant content at any place where they can access the Internet. After a total of 4 working days of confirmation and handling time, they can go directly to the Real Estate Association (the first floor of Runfengyuan Community, No. 36, Jingtian East Road, Futian District) to get it for free. According to the person in charge, the Housing Association has canceled the qualification of intermediary to print contracts, but there are still intermediaries to print contracts through the company's port Second hand Housing Contract And charge a certain fee. The reporter learned that this fee is not fixed, generally more than 180 yuan, more than 300 yuan or 400 yuan.
Risk warning:
1. If there is a co owner of the property, the co owner should sign together to avoid the possibility of failure of the transaction caused by the co owner's disapproval of the sale.
2. If there is a lease, the tenant should be asked to sign a certificate to waive the right of first refusal, so as to prevent the tenant from causing the transaction failure by violating the right of first refusal.
3. If the property has more expensive household appliances, it is better to describe the situation of furniture appliances in detail in the attached table, such as the brand, new and old degree of furniture appliances, etc. If necessary, photos of furniture appliances can also be attached to prevent the wrong goods when delivering the house.
4. If the property is attached with a household registration, the date of moving out the household registration and the conditions for breach of contract shall be stated when signing the contract.
5. It is necessary to clarify the liability for breach of contract, especially under the current situation of rising house prices, the probability of owners' breach of contract increases, and only by clarifying the liability for breach of contract can their rights and interests be protected.
6、 Bank selection and mortgage
If it is not a one-time payment, the buyer still needs to go to the bank Mortgage loan 。 Go to the bank Loan application Both the buyer and the seller should be present ID Original, income certificate and sales contract. When applying for a loan, I went directly to the customer manager of the bank and said that I would mortgage the property, and he would help me with it. Generally speaking, it can be approved on the same day. However, sometimes the loan limit can not meet the expectations. For example, banks with high evaluation prices need to be re evaluated, which usually extends for two or three working days. However, before handling the mortgage, the buyer needs to have a number in mind. If the property is relatively new, such as entering the partnership after 2000, because the appraisal price is relatively high, the loan can generally reach 80%. If the house was built before 2000, the loan can only reach 60% or 70%. As for the bank supervision of deposit and down payment, it can also be handled at the same time when applying for mortgage, so as to avoid running errands back and forth.
As for the choice of banks, intermediaries recommend that the loan lines of the four major state-owned banks will be more relaxed and more efficient. As for whether the interest rate can be lowered, the policies implemented by each bank are basically the same, so no more consideration is needed.
Risk warning:
1. If the loan line fails to meet the expectation, the buyer needs to be prepared to pay more down payment, otherwise failure of the transaction will result in default.
2. At present, the second set of housing loan is tightening, and the loan may not be approved. In order to prevent disputes between the two parties after this situation, the solution can be agreed in the contract, such as terminate a contract Or pay liquidated damages.
7、 Transfer and tax payment
To transfer ownership, you need to go to the property right registration center where the property is located to handle the transfer procedures. Both the buyer and the seller need to bring the original ID card, the original house property certificate and the second-hand house sales contract. Generally, after delivery, the owner can ask the bank to release the deposit supervised before after receiving the receipt.
As for the time of handling the certificate, it takes 5 working days to issue a new certificate in the Shanhaiguan Pass, 5 working days in Bao'an outside the Shanhaiguan Pass, and 20-30 working days in Longgang (30 working days for the old certificate before 2000, and 20 working days for the new certificate after 2000). When paying taxes, if the contract stipulates that taxes should be paid separately, the two must be present at the same time; If it is paid in by the owner, only the buyer needs to be present. As for getting the new certificate, you can directly get the new property certificate with a one-time payment; If you get a copy of the house property certificate for the mortgage loan, the bank will also automatically go to the Land and Housing Administration Bureau to handle the mortgage formalities and release the balance payment to the owner 5 working days later.
Risk warning:
1. The risk liability of the real estate shall be borne by the transferor before the transfer of property rights, and by the transferee after the transfer of property rights. That is to say, the risk of damage to the house after the transfer is borne by the buyer, so the buyer needs to carefully confirm whether the house has quality problems before the transfer.
2. At present, the house price is rising, and some owners will make false statements debt In order to let the court seal up the property and terminate the property transaction during the transfer period, the buyer can add a clause in the contract, stipulating that if the property is sealed up during the transfer due to the owner, it will be deemed as the owner's breach of contract and must bear the liability for breach of contract.
8、 Subsequent matters
The handover of houses generally involves the handover of property, water, electricity, cable TV, gas, etc. If there are furniture and appliances in the house, it is necessary to verify whether they have been replaced or moved, and the owner will finally turn the key to formally complete the transaction. The above handover of water, electricity, etc. should be handled at the management office, water affairs bureau, cable television station, power supply bureau and other departments. Both parties should prepare copies of property certificates, identity cards, etc. Some areas like Luohu District may need to provide when handling the handover of water, electricity, etc Mortgage contract Both parties of the transaction had better call for consultation before going to avoid running back and forth. The most important thing is that the House Delivery Guarantee Agreement has been signed before. If the furniture and appliances inside the house are complete, the house will return the guarantee to the owner. If furniture and household appliances are indeed missing, they can be deducted from the deposit after negotiation.
Risk warning:
1. If the furniture and household appliances are damaged or even moved away when the house is delivered, and the deposit for house delivery cannot be made up, it is usually difficult for the buyer to find the seller to claim compensation. So it is best to make the amount of the deposit as large as possible when we agreed to pay the deposit.
2. The problem of household registration is also easy to ignore when delivering the house, so before delivering the house, it is best to check whether the owner's household registration has been moved out in the public security bureau where the house is located.
To sum up, we can learn that Procedures of second-hand house purchase and sale It is very close. It has made a detailed introduction from the initial inspection of the property right of the house to the final confirmation of whether the original owner has moved out of the household registration. Personally, I think the most important thing is to confirm whether the owner has property rights, and then the loan and signing of the contract should be in compliance. Remember to make default clauses to protect the interests of both parties. Finally Relocation Things.
