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What problems should be paid attention to in second-hand housing transactions?
Matters needing attention in second-hand housing transaction:

1. Is the house complete?

The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading.

2. Is the property right of the house clear?

Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only a part of * * * people dispose of the property owned by * * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.

3. Is the trading room rented?

Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time.

Because China, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the housing sales contract cannot compete with the previous lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.

4. Is the land situation clear?

Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house.

Also pay attention to the service life of the land. If the land use right of a house is only 40 years and the owner has used it for more than ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.

5. Does the municipal planning have an impact?

Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.

6. Welfare housing distribution is legal.

Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.

7, whether the unit housing infringement.

The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.

8. Is the property management fee in arrears?

Some owners have long been in arrears in property management fees, electricity fees and gas (natural gas, heating and gas) fees when they transfer their ownership, and have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.

9. Is the intermediary company illegal?

Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.

10. Is the contract clear?

Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.

There are many and complicated tax regulations for the sale of second-hand houses, and the accumulated amount of tax is relatively large, so it is very necessary to estimate the tax burden. According to national regulations, the buyer should bear deed tax and stamp duty, and the seller should bear business tax, urban construction tax, education surcharge and personal income tax under certain conditions.

According to the nature of buying and selling houses and the actual situation in various places, land value-added tax, property tax, handling fee, transaction management fee and other taxes may also occur. In addition, factors such as the nature, size, use and registration time of property rights may also change the tax rate of deed tax.

According to the actual situation of the house to be traded, the buyer and the seller can specifically understand the tax items and tax rates from professionals or relevant departments.

Extended data:

Property buyers pay attention to seven details when buying second-hand houses:

1, find out the ownership before you shoot. Before buying a house, be sure to find out the ownership of the house, whether it is partial property right, * * * property right or no property right. If the property right of the house is unclear or there is a property right dispute, it is not suitable to buy the house no matter how good it is.

2. It is not a loss to distinguish housing property rights. There are many restrictions on the transaction of houses with only the right to use. When buying a house, we should pay attention to whether the title certificate reflects the complete property right or only the right to use it.

It is very important to know the age of the house. Some homeowners are eager to sell their houses and may deliberately hide the completion time of their houses. When looking at the house, they should pay attention to the data on the mapping page of the real estate license in order to understand the approximate age of the house.

4. Find out the building area and usable area. Distinguish whether the building area and usable area of the house are consistent with the property right certificate of the house, and whether there is the phenomenon of unauthorized construction, so as to avoid the shrinkage of the purchased house area.

5. Learn more about property management, security equipment, residential environment, water and electricity supply, etc. These factors may directly affect the quality of life in the future.

6. Comprehensively check the surrounding environment of the house. Focus on noise, harmful odor, water pollution, garbage, community health and cleanliness.

7. Beware of black intermediaries. Buy second-hand housing to find a formal intermediary company, in case of their own operational mistakes or black intermediary profit from it.

References:

Baidu encyclopedia-second-hand house transaction