put questions to 180000 lawyers answer online
home page > Selected answers > Selected solutions to disputes over second-hand housing > How to deal with disputes over second-hand housing sales

How to deal with disputes over second-hand housing sales

Time: April 12, 2024 label: Property disputes Second hand housing disputes Reading: 1402 people
Lawyer's analysis:
face Second-hand house We may need to take a variety of ways to properly resolve the conflicts arising from housing sales. Here are some common and effective ways:
1. Reconciliation and consultation. In many cases, after sincere communication and negotiation, the buyer and the seller will often find a solution acceptable to both parties. This is also the main reason why both parties choose reconciliation or mediation to resolve disputes.
2. Arbitration. If no agreement can be reached through reconciliation or mediation, the parties can apply to the relevant arbitration institution according to the original arbitration agreement.
three litigation If the parties have not signed an arbitration agreement or are unwilling to seek arbitration to solve the problem, they have the right to submit a claim to the local people's court.
four Enforcement If the parties refuse to perform the obligations specified in the effective judgment, arbitral award or mediation statement, the obligee has the right to request the people's court for compulsory execution.
Legal basis:
Article 2 of Arbitration Law
Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
Article 122 of the Civil Procedure Law
If it is appropriate to mediate a civil dispute brought by a party to a people's court, mediation shall be conducted first, except where the party refuses to mediate.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

The transfer fee for second-hand houses purchased for five years generally includes: 3% - 5% deed tax, 20% individual income tax, 1 ‰ stamp tax, 5.55% business tax and surtax, 6 yuan per square meter transaction fee and 80 yuan property right registration fee. The specific cost may be

When purchasing a second-hand house, if the relevant conditions are met, the household registration can be transferred. The conditions include: the area of the real estate, the period of purchase, the total price of the house and the total number of the household registration population to be resettled must comply with the local laws and regulations on housing purchase and settlement; The original owner needs to move out of the household registration (or has not moved in); The purchaser shall provide

Please pay attention to the following key points when purchasing second-hand houses: 1. Deeply understand the real estate situation, including the location, area, style, lighting, living facilities, property management and surrounding environment of the house. 2. Ensure clear property rights and complete data of the original household owner. verification......

Selected pictures and texts Pufa video Voice Answers
  • Under what circumstances is the sale of second-hand houses invalid and can be checked out

     Legal Advisor

    Legal Advisor

    Invalid second-hand housing sales contracts include those signed based on major misunderstanding, unfair conditions, fraud, coercion or taking advantage of people's difficulties. If you need to check out, you must meet the revocable conditions of the contract. According to the Administrative Provisions on the Transfer of Urban Real Estate, the real estate that is prohibited from transfer includes the co owned real estate that is subject to judicial and administrative restrictions, the right to use the land reclaimed according to law, the co owner does not agree, and the real estate with disputed ownership and without property right certificate.

    Views: one thousand four hundred and thirty-seven 2024-06-30
  • What should I do if I renege after signing the second-hand house purchase contract

     Legal Advisor

    Legal Advisor

    After the signing of the second-hand house purchase contract, if the quality of the main structure of the house is poor (such as unqualified acceptance, major defects causing disturbance to life) or the seller resells or mortgages without permission, the buyer may have the right to cancel the contract and ask for a refund, without being liable for breach of contract. However, the success rate of check-out is low only because of the change of personal will. Unless there is a legal reason to terminate the contract, it will be deemed as breach of contract and shall be held responsible.

    Views: one thousand three hundred and ninety-one 2024-06-30
  • What important matters should be paid attention to when signing a second-hand housing sales contract

     Legal Advisor

    Legal Advisor

    When signing a second-hand house transaction contract, it is the first thing to confirm that the seller has uncontested ownership of the house. If there are co owners, they should all agree; The contract terms must be detailed and clear to avoid late disputes; If the house is leased during sale, the Seller is obliged to fully disclose the lease information to the Buyer.

    Views: one thousand four hundred and thirty-seven 2024-06-30
  • What should buyers of second-hand houses pay attention to

    Lawyer Li Jun

    When purchasing a second-hand house, the buyer should pay attention to whether the house has the conditions for proper transaction, whether the property right of the house is clear, whether the quality of the house is qualified, whether the identity of the owner is true, and whether there are other non transferable situations; When signing the contract, the responsibilities of both parties for breach of contract shall be clarified, and the payment transfer time shall be indicated.

    Play volume: one thousand one hundred and twenty 2022-06-07
  • Should the notary office notarize the purchase of second-hand houses

    Lawyer Xu Wei

    There is no need to go to the notary office for notarization when buying or selling second-hand houses, and the law does not make mandatory requirements. The purpose of notarization in the purchase and sale of second-hand houses is to ensure the authenticity, validity and legality of the purchase and sale contract, but it only produces the effect of creditor's rights and does not produce the effect of changes in biological rights.

    Play volume: nine hundred and thirty-two 2022-06-07
  • Do you have to sign online to buy and sell second-hand houses

    Lawyer Xu Wei

    Online signing is not necessary for second-hand housing sales. Online sign refers to the process in which the transaction parties sign a contract and go to the relevant real estate department for filing, form a online sign number and publish it online. Users can query online through the online sign number. It is commonly used in the field of real estate transactions. The purpose of online signing is to prevent "multiple sales of one house" and make real estate transactions more transparent.

    Play volume: one thousand four hundred and seventy-two 2022-06-07
 Legal Counsel

Nomogram

Consult immediately
  • How to collect fees from lawyers of second-hand dispute houses

    1002 people read

    There is no uniform standard for legal service fees for disputes over second-hand housing transactions, which shall be determined by the parties and lawyers through consultation. The cost is usually calculated according to the percentage of the value of the subject matter of the contract, and may include the costs of lawyer witness, notarization, investigation, etc. It is recommended to directly communicate with lawyers to obtain specific quotations.

  • Is the risk guarantee for buying second-hand houses effective

    1730 people read

    In the transaction of second-hand housing, the effectiveness of risk guarantee shall be determined according to the situation. The purchase of a second-hand house with mortgage rights requires the approval of the mortgagee. Before operation, it is required to obtain a bank certificate or fill in the application for re mortgage, and use the house purchase money to pay the outstanding loan or change the lender. After completion, handle the ownership transfer and property right transfer procedures.

  • Whether it is legal for the owner of the second-hand house to request to postpone the delivery of the house

    1327 people reading

    The extent of compliance with the property delivery date delay depends on the terms of the contract. If the developer fails to deliver the house on time, it will constitute a breach of contract. If the Seller fails to perform within three months after being urged by the Buyer, the Buyer has the right to terminate the contract and demand refund, interest and compensation. However, if the delay is caused by force majeure, the Seller shall not be liable for breach of contract.

  • What are the procedures and precautions for purchasing second-hand houses

    1346 people read

    Procedures for acquisition of second-hand housing: sign the purchase agreement, pay the down payment, go to the Real Estate Administration Bureau together to handle the ownership change procedures and pay taxes, and get the transfer certificate. In this process, it should be noted that the terms of house information, property rights, use rights, etc. are clear and correct, the terms of review time, price, geographical location, etc. are reasonable, and the personal information of both parties should be verified to be true and reliable.

What materials are needed to prosecute people who owe money The most effective way to deal with personal arrears Process of suing others for arrears What should I do if I still have no money after suing the debtor What should I do if the other party doesn't pay the money they owe What should I do if I still owe money without a receipt What to do if the boss still owes money? The most effective way New provisions of the Civil Code on non repayment of arrears How to sue online if you don't pay back the borrowed money How can a friend come back after borrowing money What to do if others don't repay the borrowed money Help others guarantee to borrow money. What if others don't pay back What should I do if my boyfriend doesn't repay the borrowed money The person to be executed can be detained several times a year if he does not pay back the money he owes How to sue if you don't pay back the money you owe Call the police, how to deal with others' arrears How to deal with the old Lai who still owes money How can a friend sue if he doesn't borrow money How to sue if the other party owes money but does not have ID card number Which department should I go to if I still owe money How can people come back if they don't pay back the borrowed money Can someone call the police if they don't borrow money How to sue if the other party does not repay the money owed How can I get the money back if others don't pay it back Where will the other party sue if they don't pay the money they owe The best way for Lao Lai who doesn't repay the borrowed money How to sue if others don't owe money? How much is the legal fee Can't a friend call the police when he owes money Does it affect children if parents are not prosecuted for arrears You can sue if you don't pay back the borrowed money
View All