First, pay attention to whether the qualifications of the transaction subject engaged in second-hand housing transactions meet. If the seller has a real estate license, is the property right clear? Existing homes that have not yet obtained real estate licenses cannot be bought or sold; If the auction is completed, it must be guaranteed by the developer. At the same time, before the transaction, as a buyer, the buyer can ask the seller to provide the ownership certificate, identity certificate and related documents of the house, and go to the real estate transaction center to inquire about the registration of the ownership of the house. Trading can only be conducted after the qualification of the trading subject is confirmed by examination and judgment.

Second, pay attention to whether the evaluation price of the transaction house is correct and true. The risk of this link is that the appraisal price of the house is too high or too low, and some appraisal prices contain a lot of water, which easily makes the appraisal price untrue. Some intermediaries try to sell at low prices, which is the main reason for the deviation of housing market value, which will inevitably directly affect the interests of buyers and sellers. Here is a simple valuation method. The price of second-hand housing should be about 2/3 of the market price of new commercial housing around. Overpriced buyers will face the risk of devaluation. On the contrary, buyers at or below this price will make a profit. During the transaction, both parties to the transaction shall entrust a professional appraisal institution with good reputation and the qualification certificate of real estate appraisal issued by the Municipal Real Estate Bureau for appraisal, and may also require an appraisal report as the basis for the actual selling price when necessary.

Third, the second-hand housing quality defects. Property buyers should pay attention to check the quality of the house itself when buying a house, such as whether there is water leakage, wall cracking, sewer blockage, insufficient water pressure and voltage, etc. Neighborhood relations are also very important. It is necessary to ask whether there are contradictions such as public area disputes between neighbors. In addition, if the social relations of indigenous residents are too complicated, it may also bring unexpected troubles to property buyers.

4. Matters needing attention when signing a sales contract. At present, there are still a large number of traders who don't pay attention to or are not familiar with the role of the transaction contract, which leads to unclear rights and obligations of both parties to the transaction contract, which leads to disputes, and even leads to the situation that one party to the transaction uses the contract to cheat. Traders should understand that the second-hand housing transaction is a highly professional and quite complicated process. Before and during the transaction, if both parties feel uncertain, it is best to get the guidance of real estate professionals and lawyers, or entrust a reputable and qualified real estate agency to trade, so as to avoid a lot of unnecessary troubles and rush about.

5. Other constraints. For example: ① If the property has a lessee, it should be noted that the lessee has the preemptive right under the same conditions. (2) If the house is used for business or office after purchase, you should pay attention to the restrictions on the use of the house on the property certificate. (3) In the real estate license, if there are other property owners besides the house purchaser, it shall be confirmed whether the buying and selling behavior has the consent of the property owner. (4) Pay attention to whether the second-hand house has unpaid utilities, property management fees and other expenses.

Matters needing attention in second-hand housing security transaction

The first stage of psychological preparation

In view of the current irregular real estate intermediary market, do you want to do the transaction yourself or find a qualified and reputable real estate intermediary company? If you find your own customers, you must first have leisure time; Second, you should have more professional real estate and legal knowledge; Third, we should have a good attitude and patience. Because the process of bargaining may be long and difficult.

Why don't you try the agency? But when looking for an intermediary company, we should pay attention to whether it is qualified, reputable and standardized. You can call to see the quotation and the company's service attitude. You can also visit the company in person, or ask the sellers around you about the evaluation of the intermediary company. Finally, you can choose a company agent.

How much do you want to sell? This is the owner's greatest concern. How to determine the house price, you should make an evaluation of your own property.

The second stage of market research

Look at the area where your property is located, whether the surrounding environment (including culture, sports, hospitals) and living facilities are perfect, and whether the road traffic conditions are good.

The age when the house was built, the living environment, the structure, orientation and floor of the house are all factors that affect the house price. Owners should know the advantages and disadvantages of their own houses in order to achieve the ideal expected value.

The third stage of housing transaction

All sellers hope to sell their houses as soon as possible. Therefore, many companies are often found, and each company takes customers to see the house. In the meantime, there are salesmen of various companies, buyers who want to get rid of the intermediary, and many lawless people with ulterior motives. The landlord is accompanying the house every day, bargaining, and constantly calling, and his spirit is highly nervous. It is suggested that the seller first inspect the company's reputation, sign an agency agreement with the intermediary company, and then the intermediary company will send someone to take charge of it, recommend the house to the customer in a targeted manner, organize the house inspection, find the buyer as soon as possible, and help with the relevant procedures of transfer, saving the seller a lot of time and energy, which is safe, reliable and fast.

The fourth stage of property delivery

Under normal circumstances, you should get all the house payment on the day when you hand over the house and handle the property registration and transfer. If the house cannot be delivered on time, part of the house payment will be withheld according to the situation and paid when the house is delivered. The payment time is clearly stipulated in the contract. Many sellers may want to sell their houses and get the house payment, and the rest has nothing to do with me. As we all know, if the buyer deliberately fails to pay the heating fee and property management fee and sign the relevant contract with the other party, then the charging department will often look for the original owner, especially the original property unit. If this is not good, it will affect your reputation. If you find an intermediary company, you will save these troubles.

Real estate sales contracts include the following main contents:

(1) housing

That is, the "object" in economic and legal relations, that is, the object to which the rights and obligations of both parties point. The house to be sold must be owned by the seller. If it belongs to others, only with the consent of others can the property right be transferred and the house be sold. The quantity and quality of houses should be included in the terms of selling houses. It is necessary to define the unit of measurement in quantity and whether the house is high-rise or multi-storey or bungalow in quality, as well as the location, structure, level, orientation and area of the house. In addition, the housing environment, supporting facilities and property management should be clear. This clause can be in the following format: "Party B purchases the house located at _ _ _ _ Street. Located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ square meters.

(2) Price

The price is the price paid by one party to the other party in the form of money, which is the most important obligation of the buyer. It is not only one of the most important contents in the real estate sales contract, but also the value embodiment of housing area and housing quality. The name of payment currency, unit price, total price and payment method shall be clearly stipulated in the contract. For example, for a house purchased in advance, 40% of the house price shall be paid according to the tentative price, of which 10% is the down payment; Pay 30% when the house is built halfway; After the house is completed and delivered for use, the final payment shall be settled at the actual sales price. If it is an existing home transaction, the contract form of "the transaction price of the real estate purchased by Party B is RMB _ _ _ _ _" can be directly adopted. about

Advertising rooms should also be accounted for one by one, and the advertising price must not be trusted.

(3) Time limit and method for performing the contract

Mainly refers to the date and delivery procedure of housing payment, the date and method of housing price payment, and so on. For example, whether the house price is paid in cash or by check, whether it is paid at the seller's place or at the buyer's place, there should be clear regulations and there should be no ambiguity. The general format of this clause is: "Party B shall pay off the house payment to Party A before _ _ _ (in case of remittance, the date of payment shall be subject to the remittance time). Party B shall pay RMB to Party A in cash, and the rest shall be paid to Party A..

Party B shall remit RMB to Party A according to the remittance place and payee provided by Party A. "

(4) Registration of property rights

This is a bridge between buyers and sellers in the process of selling houses, and it is also the most important and essential part of buying a house. If the property rights are not registered, the transfer of real estate will have no legal effect. If there is a property right dispute in the future, it will be unfavorable to the buyer and bring a series of unnecessary troubles. Therefore, in the contract, it is necessary to clarify the division of responsibilities between the two parties, the time of property registration and related expenses. For the format of this clause in the house purchase contract, please refer to Article 19 of the Standard for Commercial Housing Sales Contract attached to this book.

(5) Tax burden

Determine the tax payable according to the provisions of relevant laws. The expenses such as registration fee, stamp duty and deed tax of property right transfer that should be borne by the buyer shall be borne by the buyer. The format adopted is: "For the property right in real estate transaction, Party A shall bear the transaction fee of _ _% of the transaction amount of Party A; Undertake notarization fees and agreed notarization fees. Property transaction fees in real estate transactions shall be borne by Party B, and the transaction fees shall be _ _% of the transaction amount of Party B; Bear all other taxes and fees levied by the state in real estate transactions. "

(six) the right to use the housing base

China's constitution and land management law clearly stipulate that the ownership of the homestead belongs to the state or the collective, and the parties have no right to obtain the ownership of the homestead through buying and selling real estate, and the house owner only has the right to use the homestead. At the same time, housing owners must also obey the requirements of urban construction planning and pay land use fees according to regulations. This clause can be explained in the registration of property rights.

(7) Liability for breach of contract

That is, the liability for breach of contract refers to the legal consequences caused by the breach of contract by both parties. After the conclusion of a contract, the parties shall perform their obligations in accordance with the agreed conditions, but due to subjective and objective reasons, there are still cases of non-performance of contractual obligations. The failure of the parties to perform their due obligations after concluding a contract is called breach of contract or breach of contract. In the purchase contract, the main manifestations of the seller's failure to perform the contract are: overdue delivery; The delivered house has serious quality problems; The property sold by the seller has defects in property rights and so on. The main manifestations of the buyer's breach of contract are: not paying the price on time; The house that the seller refuses to deliver without justifiable reasons, etc. The civil liabilities of the buyer or seller due to breach of contract include: compulsory performance of the contract, payment of liquidated damages, compensation for losses, etc. The form of this clause is: "Party B must pay Party A on schedule, and pay _ _% of the default house price to Party A as liquidated damages for each day overdue. Party A must deliver the house to Party A for use on schedule, otherwise, it shall pay Party B a penalty of% of the price of the house in default for each day overdue. "

(8) Other funds.

It should also include the subject of the contract, notarization and some additional instructions. The subject of a contract refers to the parties to a contract who can participate in the conclusion of a contract, enjoy rights and assume obligations. The main body of the contract should be stated in the house purchase contract, and the format is: "Party A is _ _, _ _, _ * _, and the entrusted agent is the representative of Party A. Party B is _ _ (someone or a company), and its representative is _ _." The notarized contract is explained in the form of "This contract has been notarized by the State Notary Office". The final contract should also indicate: "This contract is made in _ _ _ _. One for the property owner of Party A, one for Party B, one for the real estate management bureau and one for the notary office. Party A _ _, Party B _ _, on behalf of (Party A) _ _ _ (signature) _ _, on behalf of (Party B) _ _ _, signature _ _, address _ _, telephone number.

_ _ _ "and year, month, day, etc.

The main tricks of procedural deception are embodied in the following aspects:

1. The program in location A is used for the housing sales in location B. Some developers take land on a large scale at one time and develop it in stages. In the first stage, they went through the procedures of project establishment, planning and design, project start-up and pre-sale of commercial housing on a piece of land. The second phase was developed by the second site, and the relevant procedures have not been handled yet. In order to raise funds, developers use the procedures in the first place to pre-sell the houses in the second place.

2. Use Li Si's procedures to sell Zhang San's room. Zhang San and Li Si cooperated to build a house, and the project was established in the name of Zhang San's own use and Li Si's commercial housing development. During or after the construction, Zhang San changed his personal use and wanted to sell his house, but the procedures were incomplete, so he borrowed Li Si's procedures to sell the house.

3. avoid heavy ones. Avoid the buyer's review of key procedures, do not show key procedures such as sales licenses, and then hide other documents that are not conducive to sales, only showing those procedures that have nothing to do with whether to allow housing sales. Do not produce the project approval documents, only show the construction project planning permit and work permit; Do not display all related files, only display some related files; Do not show the state-owned land use certificate (none) issued after the transfer, only show the allocated land use certificate or land use approval document, so as to achieve the purpose of muddle through in front of property buyers.

4. Tampering with the key contents of relevant documents by copying. In the process of copying, arbitrarily change the construction unit, construction site, development scale, use, etc., to deceive property buyers.

5. Forge relevant documents. Out-and-out swindlers or individuals who illegally use land or illegally build buildings forge part or all of the land and construction approval documents for the purpose of defrauding money.

With the development of the real estate market, the tricks of procedural deception will continue to be refurbished, but no matter how clever the tricks are, careful buyers will always find flaws in the audit documents.

In order to prevent fraud, property buyers should pay attention to the following points:

1. Require the seller to provide all available approval documents, and each document shall be complete from beginning to end, including words, forms and drawings. The documents are compared with each other, and all ambiguities and differences should be made clear by the seller.

2. Try to find the opportunity to check the original business license, project documents and other important procedures in the developer's office.

3. If the project, planning and design, land use right, construction and other documents are inconsistent with the construction unit and the user, or the above documents are inconsistent with the selling unit, the selling unit shall be required to clearly show the documents or relevant agreements of relevant departments involved in this aspect.

4. Understand the authority, competent content, specific name (name on official seal), writing format and tone of relevant administrative departments, so as to check whether the procedures submitted by the sales unit are true.

5. When necessary, go to the relevant departments to consult the procedures and approval details of the project, in order to get the most accurate verification.

Second-hand housing sales contract text

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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 investment of property buyers 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 examine 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.