The whole process of second-hand housing transaction can be roughly divided into the following stages: (1) The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house and asks the seller to provide legal documents, including house ownership certificate, identity certificate and other documents. (2) If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts. (3) The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited. (4) contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed". (5) Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different. (6), handle the transfer of property rights transfer procedures. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate. (7) For the buyer of the loan, after signing the house sales contract with the seller, the buyer and the seller go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan. (8) After the buyer has obtained the ownership certificate of the house and paid off all the house price, and the seller has delivered the house and settled all the property fees, all the second-hand house sales contracts of both parties have been fulfilled.
8 transaction risk
How to avoid the risk of second-hand housing transaction 1 When signing the purchase contract with the second-hand house owner, the purchaser should consider the hidden dangers brought by factors such as rising house prices in advance, stipulate the liability for breach of contract, and handle the transfer formalities as soon as possible to avoid the other party's remorse. Before buying a house, the buyer should fully understand the various procedures required for the sale of the house. It is best to choose professionals to provide legal advice and then sign the contract carefully. 3. When signing the house purchase contract, the buyer shall ask the other party to provide the certificate that ensures the right to dispose of the house sold or the certificate that the husband and wife and other people agree to dispose of it. 4. Buyers and sellers of second-hand houses should choose formal intermediary agencies when trading, and agree on the contents agreed by both parties in writing. 5. In order to know the real situation of the purchased house, buyers should know the situation from the property, neighbors and developers before buying a house, and it is best to go to the scene to see the house and make a written agreement on how to bear the responsibility for quality problems. 6. The law clearly stipulates that houses built on rural homestead cannot be listed and traded, and it is suggested that urban residents should not buy such houses, which are not protected by law.
9 five passes
The five key points of second-hand housing transaction are house price evaluation. For inexperienced owners, it is difficult to find buyers if the price is set high, and they will suffer economic losses if it is set low. Suggestion: entrust the house to a reputable intermediary company, and then make a fair evaluation of the customer's house through market comparison method, income method and cost method. The common market comparison method requires appraisers to have rich trading experience, be familiar with the market price, and be able to make a more accurate evaluation of the house price according to the location, orientation, decoration degree and age of the house. Contracts related to second-hand housing transactions often cause disputes because the contracts are not standardized. When signing a contract, we often pay attention to many details, such as indoor facilities, payment methods, specific delivery time, tax payment and so on. Suggestion: If a formal intermediary company is entrusted and a sale transaction is finally reached, the intermediary company will provide a standardized and detailed text of the sale contract, which will reduce a lot of trouble for buyers and sellers and avoid disputes arising from irregular contracts. Subsequently, the seller should settle all the property fees and heating fees to prepare for the next link of the title deed transfer. Handling the title deed transfer of the house is the most time-consuming and labor-intensive step in the process of buying and selling. Handling the transfer involves a series of policies and regulations, and the procedures are cumbersome. Due to the lack of real estate transaction knowledge, relevant experience and procedures of relevant departments, buyers often run off their legs, and things are not done satisfactorily, which consumes a lot of human and financial resources. Suggestion: Some formal intermediary companies can handle the transfer on their behalf, and the staff of their accreditation departments are familiar with relevant policies, regulations and processes and have rich experience. Therefore, entrusting a professional intermediary company to handle property transfer is the first choice of most consumers, which saves time, effort and worry. Paying off the house payment is a link that customers are most worried about, ranging from hundreds of thousands to hundreds of thousands. Once there is a problem, the buyer will suffer huge losses. In the sale of houses, there is a real estate delivery risk. Buyers are worried about the transfer of property rights and can't get the title certificate; The seller is worried that the title certificate is in the buyer's name and the buyer is in arrears with the house payment. Suggestion: In view of the above situation, some large formal intermediary companies have launched the "intermediary mediator" service. The buyer will hand over the house payment to the intermediary company for safekeeping, and the seller will hand over the original title certificate to the intermediary company for safekeeping. The intermediary handles the transfer of property rights for both parties. After getting the new title certificate, the intermediary pays the house price to the seller on the one hand and the new title certificate to the buyer on the other, which ensures the interests of both parties. Property delivery is the last link of the transaction. If it can be successfully completed, customers can stay in peace of mind, and the original owner is no longer responsible for the house. Suggestion: When the real estate is submitted for examination, the intermediary company will provide a real estate submission form for the buyers and sellers to fill in and confirm. The contents of house inspection mainly include: whether the house property conforms to the contract; Whether the furniture in the house has been emptied; Whether the key has been delivered; Whether the utilities, gas, telephone and cable viewing fees have been settled.
10 Ten Skills of Second-hand Housing Transaction
1\ Choosing a brand intermediary is more reliable. Although with the development of the second-hand housing market, intermediary transactions are moving towards standardization step by step, various transaction disputes in reality still plague buyers and property buyers. An industry insider said that when many citizens choose to buy a house, they generally regard large companies as their first choice. On the one hand, the operation is relatively standardized; On the other hand, housing is also abundant.
Expert advice: It is best for the seller to entrust the house to some larger intermediary companies. In addition to ensuring more customers, the most important thing is to ensure the safety of the transaction and avoid worries.
2\ The two kinds of agency methods have their own advantages and disadvantages. There are generally two ways to entrust an intermediary to sell second-hand houses: exclusive agency and general way. Customers who choose the exclusive agency method may not entrust the same house to another intermediary; Generally speaking, the same house can be sold by several intermediary agents at the same time.
According to reports, larger companies generally tend to sign exclusive agency contracts with customers, while small intermediaries prefer general contracts. The two methods have their own advantages and disadvantages: generally speaking, the exclusive agency contract can ensure the security of the transaction; General contracts can provide more customers, which is beneficial to early transactions, but there may be certain risks in the transaction process.
The validity of agency should be short, not long. What if the house can't be sold for a long time after signing the exclusive agency contract? This requires a valid period when signing a contract. If a transaction cannot be reached within the valid period, the contract can be automatically terminated. How long is the validity period better?
Experts believe that the validity of the agency should be short and not long, generally one month is appropriate. Because if the house can't be sold within one month, but you are satisfied with the service of the intermediary company, you can also choose to renew the contract, and the intermediary company is generally willing.
4. "Skipping" the intermediary is risky. Some "smart" sellers will "skip" the intermediary and deal directly with the buyer, so as to save an intermediary fee after meeting the buyer through the intermediary. Experts believe that on the one hand, it is a sign that customers who sell houses violate integrity, on the other hand, it also increases transaction risks and sometimes reduces transaction efficiency.
Second-hand housing transaction is a complicated process, which requires a lot of documents and procedures. Once the intermediary is skipped, the buyer and the seller must handle these affairs in person, which will consume a lot of energy and time and reduce the efficiency of the transaction.
5. Can't sign the "hand-to-hand price" According to some intermediary companies, many customers only need to sign a "hand-to-hand price" with the company when entrusting them to sell houses, because they feel that the contract details are too troublesome, that is, how much money to get directly. In this regard, the intermediary company is quite embarrassed, because only signing "hand price" with customers belongs to the illegal operation of the intermediary company.
In the process of second-hand housing transaction, in addition to the housing itself, it also involves deed tax, transaction fee, agency fee and other expenses. If you only sign a "hand price", it will inevitably leave a lot of room for the intermediary to operate. If you meet some illegal intermediaries, it will create a hotbed of "black-box operation", and in the end, buyers and sellers will suffer. Therefore, experts suggest that in the process of signing a contract, all funds must be made clear, and never just sign a "price"
6. Calmly reporting house prices In recent days, the transaction volume of second-hand houses in Shanghai has decreased. One of the main reasons is that the price of second-hand houses has been rising for half a year, which has led many homeowners to expect too much from the property, and blind quotation has appeared, which has made it difficult to clinch a deal.
Experts suggest that homeowners must be calm and objectively estimate the price of their property when quoting. If you are not at ease, you can ask several intermediaries and then make a comprehensive offer.
7. Be careful when turning the key. After signing the contract with the intermediary company, many second-hand house owners give their keys to the intermediary company in order to avoid the trouble of looking at the house again and again. Experts remind that in second-hand housing transactions, turnkey needs to be cautious.
Many intermediary companies also do not advocate the practice of homeowners turning the key. Although the turnkey is convenient for the intermediary company to look at the house, in case of unexpected situations such as theft, the problem of responsibility attribution is very troublesome. Therefore, many large intermediaries are also cautious about turnkey.
8. Don't hand over the house in advance easily. During the transaction, some property buyers may put forward various reasons to request to move in before completing the transfer formalities. Experts remind that even if the house purchase contract is signed, the owner still needs to think about the requirements of handing over the house in advance before handling the transfer formalities.
Although the time for property transfer has been greatly shortened, it still takes about 15 days, and some disputes may still occur during this time. After the dispute, because the current law gives priority to the protection of the rights and interests of existing residents, it may bring some unnecessary losses to the owners.
9. The details of the contract should be clarified. Some brokers report that sometimes there will still be disputes between buyers and sellers after the transaction. These disputes mainly focus on some details, such as maintenance fund, cable TV fee, telephone fee and so on.
Due to the lack of experience in housing transactions, buyers and sellers often pay more attention to the relatively large expenses such as house payment and agency fees in the transaction process, but pay little attention to some details. If these details were agreed in advance before signing the contract, these "sequelae" would not have happened. 10. Selling a house by yourself is learned. There are also some homeowners' second-hand housing transactions in the market, not through intermediaries, but through the introduction of relatives and friends to find buyers. For this phenomenon of selling second-hand houses, experts remind that it is necessary to carefully study the relevant policies, procedures and processes of second-hand housing transactions, otherwise it will be difficult to successfully complete the whole transaction process. If you are unfamiliar, at least find a knowledgeable friend to accompany you. [9] Details remind home buyers to buy.
Pay attention to seven details when buying a second-hand house.
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.