The second step is to check the property rights of the house with the real estate management department, including whether the property rights are truly owned, whether the items recorded in the property certificate are true, and whether the house belongs to the property that is prohibited from trading. If the property has been included in the scope of demolition or sealed up by the court according to law, the transaction of the house owner is invalid.
What are the necessary terms of the second-hand house sales contract?
First, the name and address of the parties help to understand the specific situation and contact information of the parties and avoid being deceived.
Second, the target is a second-hand house that both parties want to trade, which is the key to the contract. 1. The location, nature, area, structure, pattern, decoration, equipment and facilities of the house shall be clearly stated; 2. Indicate the ownership of the property and whether * * * owns the property; 3. Whether the original sales unit is allowed to resell; 4, whether there is a housing ownership dispute; 5. Whether there is unauthorized construction; 6, housing property management fees and other paid expenses; 7. Handover process of housing-related written materials.
3. Price 1, total price; 2. payment method; 3. Terms of payment; 4. How to apply for a loan; 5. deposits; 6. Final payment.
Four. Time limit, place, method of performance (1) and delivery time; 2. Conditions; 3. The process of handling relevant formalities; 4, how to seek intermediary companies, lawyers, evaluation agencies and other services; 5. How to share various taxes and fees; 6. What should I do when the price rises or falls?
Verb (abbreviation of verb) explanation of liability for breach of contract 1. Liability for breach of contract and how to bear the liability for breach of contract; 2. Calculation and payment of liquidated damages; 3, under what circumstances can be exempted; 4, the form of guarantee, etc.
Six, the way to solve the dispute is to take arbitration or litigation, if the dispute is resolved by arbitration, the terms should be written in accordance with the relevant provisions of the Arbitration Law.
Seven. Effective terms of the contract 1, effective time of the contract; 2, valid or invalid conditions; 3. Effective or invalid period; 4. Circumstances that invalidate the contract; 5. Invalid exemption clause; 6. Conditions for the parties to request modification or termination of the contract; 7. How to return the property after the contract is invalid or dissolved?
Eight. The 1 clause on contract suspension, termination or dissolution clearly specifies the conditions for contract suspension, termination or dissolution; 2. Obligations such as notification, assistance and confidentiality that should be fulfilled under the above circumstances; 3. Time limit for exercising the right of cancellation; 4. Remedial measures; 5. How to return the property after the contract is suspended, terminated and dissolved?
The second-hand house that cannot be listed and traded is: 1, and the house that has not obtained the ownership certificate according to law; 2. Houses that only obtain the right to use, such as public houses directly under the Housing Authority; 3, was identified as a dangerous house; 4. Houses purchased at the standard price, which have not yet made up the remaining price at the cost price and are in transition to full property rights; 5. Houses built on rural collective land; 6 houses that have been included in the demolition notice; 7, * * * part of the ownership of the house, other * * * some people don't agree to sell the house; 8. Houses with disputed ownership; 9 houses that have been mortgaged without the written consent of the mortgagor; 10. Houses sealed up, detained or restricted in other forms according to law; 1 1. The house has been leased to others, and the seller fails to notify the lessee as required, thus infringing the lessee's preemptive right and other rights; 12. Other circumstances in which the transfer is prohibited by laws and administrative regulations.