2, will look at the geographical location All real estate advertisements will draw a schematic diagram of the location, and the more they draw, the more artistic they seem to be adjacent.
Rivers and lakes, mountains and rivers. Actually, it may be dozens of miles away. Only by checking the coordinates and searching on the real map will you know the real location of this property.
3, look at the price buyers should understand whether it is the average price or the starting price. If it is the starting price, it is the lowest price of the real estate house, and the actual price will rise due to factors such as floor, orientation, apartment type and construction progress. Of course, when no one buys it, the property price will also be lowered.
4, can distinguish the appearance map, you have to see the beautiful appearance map, whether it is a real map or an effect map, don't take the latter as the present, the effect map is made by the computer, don't take it seriously. Otherwise, you will be disappointed.
5. Don't be fascinated by the floor plan. The floor plan is attractive to buyers, but you should not be fascinated by it, you have to see it yourself. Because the scale of some floor plans is obviously inappropriate, it feels much more empty than in the actual measurement.
6. Understand that developers buying houses and watching real estate advertisements must understand whether the development enterprises or other participating project units are trustworthy. Don't buy a house easily if you don't understand.
7. Don't be blinded by the discount. At present, all real estate advertisements have the advantages and discounts of the project, but they never see the weaknesses and disadvantages of the project. You have to think about whether it's true or not. Don't be confused by such words as "it's now or never", and don't be moved by various discounts.
8. The qualification number is very important. If there is no qualification number on the advertisement, it means that you can't buy property rights. Granting property rights is a kind of government behavior, and the verbal "guarantee" of developers is unreliable.
9. Look at the mortgage carefully and calculate the cost-effectiveness. Buyers choose the payment method according to their own economic situation. Many advertisements will indicate which bank to mortgage, how many years and how much. Ask experts to consult the loan policy and knowledge, and then carefully calculate which way is cost-effective.
10. Don't forget that there are many promises about greening, property and security in other advertisements. Don't forget these contents when signing the contract. Repeatedly
The "trap" of the house is known:
Wave after wave of buying houses makes some property buyers often lose their minds and unconsciously fall into various traps set by illegal real estate developers. False advertising, shrinking area, delay in delivery, delay in obtaining certificates and other things that make buyers suffer frequently occur, which has led to a large number of disputes over commercial housing sales contracts. So in practice, what are the pitfalls that need to be vigilant when buying a house?
Advertising trap
In order to sell houses, some developers often describe the greening, landscape, halls, schools, kindergartens, swimming pools, gyms, parking spaces, supermarkets, floor area ratio, building spacing and other supporting facilities in sales advertisements (including sand tables and sales brochures), but this commitment is not written in the contract. In this way, when the green space becomes a parking lot, there is a big water pump under the house, and the road is unblocked in the foreseeable future. When the buyers ask for a statement, the developers shirk their responsibilities on the grounds that the planning changes have been approved by the planning department or the contract is unclear, and consumers are generally difficult to get compensation.
In the event of a dispute or lawsuit, the judge will generally judge the merits according to the terms of the contract, rather than completely watching the advertisement.
Sales trap
People in China always follow the crowd when they buy things. When I heard that there were many people looking at the real estate, everyone who wanted to buy a house was eager to try. It is precisely because of this blind obedience of consumers that some developers have set a trap for property buyers:
Use small profits to lure first, and engage in internal subscription before getting the pre-sale certificate. Internal subscription refers to the small-scale private pre-sale of commercial housing by real estate developers. Because the price of commercial housing subscribed internally is relatively low, it is naturally attractive to buyers. In this process, buyers think that they have picked up a bargain, and developers also take this opportunity to raise funds. However, the internal subscription of commercial housing is sold without obtaining the pre-sale permit of commercial housing, and its sales behavior is illegal. Therefore, once an accident happens, the legitimate rights and interests of property buyers are often not fully guaranteed by law. In this way, the buyer's investment is full of risks.
Second, create an illusion, and make a fuss about the number of houses, apartment types, orientation and price setting. The developer's approach is to launch a quarter or a third of the total pre-sale housing, and carefully match the units launched. Usually the worst apartment and floor are chosen first, so that on the one hand, those good units can be declared "occupied", on the other hand, these "ugly women" can be prevented from appearing in the end. Of course, some good rooms should also be mixed in here, otherwise it will cause the loss of target customers.
In price setting, the pricing of other units will be adjusted according to the sales situation of the units pushed in the previous period. Generally speaking, at the beginning of sales (opening), developers often set the price lower to attract customers with the so-called "lowest price" (usually towards the worst floor), and once customers come to buy a house, that "lowest price" will disappear. In practice, we will see that as long as the sales site layout and advertising hype are successful, the price will rise steadily.
Third, vigorously create on-site props and sales atmosphere. Developers (salespeople) often invite some relatives and friends to do "child care" at the sales site in order to create an illusion of booming sales, and disguise them as red on the sales performance chart (the red logo represents the sold units), which makes people feel that the real estate is selling well and booming, thus triggering customers' desire to buy.
Fourth, set a deposit trap. We often encounter such a situation. Once a customer takes a fancy to an apartment and shows a little intention to buy a house, the salesperson will tell you that there is only one apartment. If you don't pay the deposit, others will buy it and ask the customer to pay the deposit immediately. If the customer says that he has not brought enough deposit, the salesperson will ask the customer to pay a "small deposit" of 500 to 1000 yuan first, sign the subscription agreement, and then ask the customer to pay a "large deposit" the next day. Once the customer has handed in the "big order", the salesperson has completed the task of trapping the customer. Because the subscription agreements we see often have such a clause: "If the contract is not signed within the agreed time, the deposit paid will not be refunded". After signing the subscription agreement, many customers do not want to buy the house they subscribed for after repeated consideration, but in order to avoid the loss of the down payment, they will sign the contract that they are unwilling to sign, thus bringing greater losses to themselves.
"Five Certificates" Trap
Legal and formal real estate developers must have complete "five certificates" and "two books". The so-called "five certificates" refer to the state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit (also known as construction project commencement permit) and commercial housing sales pre-sale permit; "Second Book" refers to the "Residential Quality Guarantee" and "Residential Instruction Manual", which are also the basic requirements of the law for the seller.
However, in practice, some developers (salespeople) often find excuses not to show the originals of these documents in order to cover up the false situation, or they hold relevant documents to approve a certain procedure, or the words are placed at the company headquarters far away from the sales office. Salespeople often ask customers to sign a subscription book or contract first, and once customers pay a deposit or purchase money, if there are any problems, developers (salespeople) will immediately change their faces, and customers will no longer see the smiling face full of spring when salespeople sell houses.
Contract clause trap
When a customer decides to buy a house, it is necessary to sign a commercial housing sales contract with the developer. Under normal circumstances, the developer (salesperson) will hand over a proposed contract to the customer, and there will be many gaps in the contract. Some places need to be confirmed and injected by both parties, while some optional places may still be empty. At this time, buyers often think that everything has been stated, even if the contract is completed, but it is these gaps that provide conditions for developers to cheat in the future. For example, article 15 of the standard contract, "If the property right certificate is overdue, the liquidated damages shall be calculated according to three ten thousandths of the total house purchase price every day", but the developer (salesperson) designed this clause carelessly and assumed the liability for breach of contract according to three ten thousandths of the paid house purchase price. Not long ago, we read a case in the newspaper: the application was delayed for more than one year before it was submitted to 96 yuan. Or when it can't be handled on time, simply let the buyer check out. In other contracts, the breach clause seems fair on the surface, but in fact it is unfair. For example, it is agreed that any party shall pay a penalty of 40% of the total house price when canceling the house purchase contract. This is actually just to limit the purchase of houses, and developers generally cannot recover the houses they sell.
Special reminder:
In order to avoid being cheated by buyers, I suggest you take the following measures to prevent traps:
First, we must have a strong sense of law. For buyers, it is important to choose the location of the purchased house and lower the price, but we think it is more important to see that traps are everywhere in the irregular real estate market. Therefore, it is necessary to understand the relevant laws and regulations, consult professionals (especially professional lawyers), and understand the laws and knowledge about buying houses. Only in this way can we better safeguard our legitimate rights and interests.
Secondly, we should fully exercise the rights conferred by law and always adhere to the principles of equality, mutual benefit and consensus in the transaction process. Fair trade is a legal principle. At present, in the process of real estate transaction, developers (salespeople) are in a strong position, and the information between them and buyers is extremely asymmetric, so there is a phenomenon that developers (salespeople) do overlord business. To this end, consumers should maintain a correct attitude, make the problem clear and detailed when buying a house, and resolutely refuse to sign or buy if they have objections, unclear agreements or dissatisfaction with the terms of the contract; We must adhere to the principle of persistence, and don't compromise casually because of one thing at a time, thus bringing endless troubles and huge economic losses to ourselves.
Third, we should sign the contract carefully and keep the evidence. In the process of buying a house, don't believe the sweet words of some developers (salespeople). When signing a contract, you must carefully review each clause and ask the relevant questions clearly and clearly; All the promises you wish to get and the contents of the agreement already reached between the two parties must be recorded in writing, so as not to become empty checks in the future. When the house is recovered and after occupancy, once problems are found, all kinds of evidence should be kept, and if necessary, relevant facts can be kept through notarization to prove the existence of infringement facts.
Finally, we should learn to rely on professionals and take up legal weapons to safeguard rights. Housing sale is different from general consumption, involving engineering, quality, contract, property management and other fields, and the relevant laws and regulations are more complicated. Even after many investigations, it is generally difficult for buyers to find out the crux of the problem through personal efforts. Therefore, if something bad happens to you, or you have a premonition that risks may come, in order to effectively safeguard your legitimate rights and interests, you should get in touch with professionals, legal persons, intermediaries and rights protection organizations in this field in time and seek help.
First of all, from the perspective of location and distance, you must first determine your own goals. At the same time, we should reasonably evaluate our economic ability. This is related to the total house payment. Don't be too advanced, consider the current and future economic affordability, and consider buying a house from your own economic strength. When buying a house, it depends on whether the developer's project certificate has the sales conditions. Pay attention to the development schedule of the whole project, which is related to the occupancy time of buyers and the construction interference of other projects.
It is necessary to see clearly whether the planning, design and supporting facilities of the whole project meet their own needs, whether they meet the convenience of life and the comfort of living. Now there are many finely decorated houses, so it is necessary to pay attention to whether the decoration between the early model houses and the late auction houses is unified. For rough houses, we must pay attention to the rationality of the internal structure of the house, including the actual use area. Because the shared area of tower and board building is different.
At present, many hot complaints are in auction houses. The new commercial housing contract began to be used on March 5, and there are many matters that buyers need to pay attention to, including the annex to the contract, whether it is beneficial to the buyers themselves.
Property management is also an aspect that needs attention when buying a house. People who buy a house are becoming more and more mature. Before buying a house, it is necessary to find out the charging standard of the property to avoid disputes after moving in. And when buying a house, it should be noted that it depends on whether the purchased house has been mortgaged or mortgaged.
Judging from the overall trend of buying houses, there is no doubt that house prices are rising. It is unlikely that the price will be reduced in the next two to three years. Then consumers should buy houses according to their own needs. Because the future policy will require more and more developers, coupled with the control of land, the problem of developers' funds, the use of new materials and technologies, and the improvement of the overall environment and planning, these will increase the housing cost. Therefore, if there is housing demand, there is no need to hold money for purchase, and this increase may continue, even higher in the future.
Legal issues involved in the process of buying a house
As a property buyer, this is a very important issue in the lives of ordinary people, that is to say, you have to settle down before you can work in peace. Therefore, for ordinary people, buying a set of satisfactory housing is a very important issue. But there are many problems in the process of buying a house, which are disclosed in newspapers or other news media from time to time. In fact, many problems should be said that many problems can be avoided if buyers are more cautious and have a better understanding of the knowledge of buying houses.
Individuals in the purchase, generally divided into three stages.
First, before buying a house, buyers should first carefully choose a property project, that is, what kind of house you are going to buy. First of all, you should consider its geographical location, apartment type and surrounding environment. It is very important to know the credit standing of developers, that is to say, buyers should have some basic understanding of the property projects you choose before buying a house. One of the basic understandings is to understand the credit status of developers. In what ways will I talk about the credit of developers?
Second, sign a subscription book and a contract for the sale of goods, including signing supplementary terms. Property buyers should pay attention to the inspection of five certificates when signing subscription books and commercial housing sales contracts. What do you mean by five certificates? I'll talk about it later. Pay the deposit, sign the confirmation letter, choose the payment method, sign the commercial housing sales contract, then pay the purchase price and register the sale or pre-sale, which is the second stage in the purchase.
Third, the delivery of the house and the registration of property rights refer to that the developer signs the "two books" after completing the registration, accepts the property and handles the property right certificate.
Specifically, it involves some legal issues.
First, how to read the sales brochure. Sales brochures are usually advertisements made by developers. When reading the sales brochure, we should first pay attention to whether there is a pre-sale permit for commercial housing in the sales brochure, which is an important standard to measure the qualification of developers. In order to confirm the authenticity of the pre-sale permit, people can check whether the real estate developer is worthy of the name and whether there is a pre-sale permit through online inquiry and inspection. Secondly, according to your own requirements, you can review the appearance of the sales brochure, the overall layout of the community, price, location, room type, planning facilities, preferential conditions, investors, etc., and decide whether to buy it. When reading, it is necessary to clarify the advertising information in the sales brochure. Some developers will explain it in some vague ways, such as how many minutes' drive, 10 minutes' drive and 5 minutes' drive, to show how suitable and superior its location is. Then the scalability of this 5-minute drive and 10 minute drive is very large. Do you drive a car or a bus? What is the speed? However, this situation is common in sales brochures, so we should pay special attention to it.
How to ensure the legal effect of the contents of the sales brochure? I'm really interested after seeing the sales brochure, but I'm afraid that after I finally buy a house, it won't be as wonderful as described in the sales brochure? What do we do According to the law, in order to legally guarantee the legal effect of the sales brochure itself, the contents of the sales brochure must be clearly written into the subsequent commercial housing sales contract, which is required by law. If I just believe that the property described in the sales brochure has a beautiful environment, such a good apartment and such a good location, and want to ensure and constrain the developers to fulfill their obligations according to the sales brochure, I will write the contents of the sales brochure into the contract. In this case, once the developer fails to fulfill his obligations according to the terms of the sales contract, he will bear the responsibility.
After the inspection of the sales brochure is completed, it is necessary to sign the subscription book and pay the deposit to remind the buyers to pay attention to the difference between the deposit and the deposit on the subscription book. Deposit is a special legal concept, its purpose is to guarantee the establishment and performance of the contract, and deposit has specific rules. It has a specific legal connotation, that is, the person who pays the deposit has no right to demand the return of the deposit, and the person who receives the deposit should return the deposit twice. The deposit is not a guarantee for the contract, but only a guarantee. This is called paying a deposit. People who fail to perform their debts can ask for the return of the deposit. Therefore, the deposit written in the subscription book must be distinguished because there are different legal concepts. Usually, real estate developers will have such clauses in the subscription book, and buying a house should start from the date of signing the subscription book, otherwise it will not be returned.
It is suggested that when the buyers sign the subscription book, change this clause to how many days after signing the subscription book, and then discuss the formal contract with the seller. If the contract cannot be signed due to differences in the terms of the contract, the deposit received shall be refunded. This should be more beneficial to buyers.
Within a few days after the subscription book is signed, you should sign a sales contract with the real estate developer. You should be very cautious when signing a sales contract, because the sale reflects the rights and obligations of the buyer. Once there is a dispute with the real estate developer in the future, the purchase contract is the most important basis and certificate to solve the differences between the two sides. Therefore, before signing the contract, property buyers need to carefully review the qualifications and "five certificates" of developers. If it is an existing house, the developer does not need to apply for a sales license according to the regulations, but should go through the examination and approval procedures in the property right certificate and register with the property right registration department. When handling the real estate license, you must see whether the house sold by the developer includes the house you want to buy.
Five certificates, one is the construction land planning permit, the other is the construction project planning permit, the third is the construction project commencement permit, the fourth is the state-owned land use permit, and the fifth is the pre-sale permit of commercial housing, referred to as "five certificates". Among them, the first two certificates are issued by the Municipal Planning Commission, the construction city by the Municipal Construction Committee, and the state-owned land use certificate and the pre-sale permit of commercial housing by the Municipal Bureau of Land Resources and Housing Management.
So what do you think of the "five certificates"? I'll give you an idea. The most important of these five certificates is to look at two certificates, one is the state-owned land use certificate and the other is the pre-sale permit. Both certificates should be issued. If you take a good look, there will generally be no problem, especially the pre-sale permit. What needs to be reminded in particular is that property buyers must look at the original when viewing the five certificates, and the copy is easy to be cheated. Before signing the contract, you should see clearly whether the house you bought in advance is within the pre-sale scope to ensure the smooth handling of the property right certificate in the future.
If you buy a house, you have to check or check "two copies". What are two books? The two books are two legal documents provided by the developer after notifying the buyers to move in after the completion acceptance. One is the residential quality guarantee, and the other is the residential instruction manual. The residential quality guarantee usually includes the registration verified by the engineering quality supervision department and the warranty responsibility undertaken within the service life. Under normal use, the warranty period of each component, such as waterproof for three years, wall and pipeline leakage for one year, wall plastering for one year, and large-scale sand removal for one year, includes heating and cooling systems and other equipment, sanitary wares, switches and so on. The warranty time of other parts or components can be agreed by real estate developers and users.
Generally, the instructions for residential use should include descriptions of the development unit, design unit, construction unit and entrusted supervision unit, structural types of residential buildings, matters needing attention in decoration, configuration of facilities such as water, sewage, electricity, gas burner and fire fighting, as well as the use of doors and windows, power distribution load, load-bearing walls, insulation walls, balconies and other issues that need to be explained. Unless otherwise specified by the manufacturer, it shall be attached to the residential use instruction.
In other words, a complete set of housing legal documents, in the process of buying a house to check the five cards, while closing the house to have two books. More importantly, the title certificate. If you get the title certificate, all the legal documents for the full purchase should be complete.
In the process of buying a house, there is still a problem. In some cases, when to sign a contract to restrict the sale of a house and when to sign a pre-sale contract. The sales restriction contract means that the house you want to buy has been completed, accepted and delivered to the commercial house. At this point, the developer and the buyer signed a real estate sales restriction contract. If the house you bought has not been completed and accepted, it is an auction house. Sign the house pre-sale contract at this time.
There are three methods to calculate the sales area of commercial housing. One is priced according to the suite, the other is priced according to the construction area, and the other is priced according to the interior construction area. Usually, the method of pricing according to the interior area is rarely used, and it is usually calculated according to the construction area, which refers to the peripheral line of the living area. Generally, the sales area of commercial housing is the sum of the interior sales area and the shared public area, but the interior use area is the most useful for buyers, because this area is really usable by buyers. Therefore, when signing the commercial housing sales contract, we must clearly write the interior construction area and pool area.
Therefore, when buying a house, buyers pay special attention to the area. It is necessary to clearly and truly write down my own use area and shared public area in the contract, so as to effectively avoid the disadvantages brought to consumers by the shrinking use area.
How to deal with the area error in the process of buying a house? Usually, in the standard commercial housing sales contract, there are two ways to deal with the area difference. One is that both parties agree on their own, as long as the interior area of the suite does not exceed 1% or 0.5%, both parties agree on it. What if there is more or less? Usually, the housing sales contracts provided by real estate developers are not like this, and there is an absolute proportion, generally 3%. If the absolute value of the area error ratio is less than 3%, it is usually agreed to settle the house payment according to the facts. If the absolute value of the area error ratio exceeds 3%, the buyer or purchaser or the agreed developer shall bear the corresponding liability for breach of contract. Of course, if the agreement is so clear, the absolute value of the area error ratio is within 3% and does not exceed the actual settlement price, which is still acceptable. If it is exceeded, the developer must bear the responsibility for breach of contract and allow the buyers to return a house. One more question. In commercial housing sales contracts, there are usually force majeure clauses. In the commercial housing sales contract, the developer's excuse for delaying delivery is generally force majeure. According to China's regulations, force majeure should refer to unforeseeable, unavoidable and insurmountable objective conditions, such as earthquakes and floods. This unforeseeable, unavoidable and insurmountable objective situation can exempt the developer from the responsibility of delaying the delivery of the house, that is to say, exemption. If this is not the case, it cannot be agreed as force majeure. General developers usually expand the scope of force majeure. For example, they encounter unusual difficulties or major accidents in the construction process, such as laws and regulations promulgated by the government after the contract is different from the original, such as the approval of construction facilities, installation delay, etc., which are considered as force majeure. From a legal point of view, we feel unfair to property buyers, which is equivalent to expanding the scope of force majeure. Therefore, it is suggested that buyers only need to grasp three conditions for the force majeure clause, that is, in the case of unforeseeable, inevitable and insurmountable, the agreement will not be expanded within the minimum scope. When the delivery is delayed after expansion, he can say that I am free of charge.
There is also a basic question, who signed the purchase contract? Quite simply, signing a house purchase contract should be a contract with a real estate developer. However, at present, some developers often entrust some intermediary agents