After you buy a second-hand house, you should get the house purchase contract, real estate license, deed tax receipt, house purchase invoice, tax bill, receipt of agency fee agreement, transfer of real estate funds, etc. The key is the real estate license and the purchase invoice.
First, matters needing attention in buying a house:
1. The developer's development and operation qualification must be legal. That is, the developer must have the Business License of Enterprise as a Legal Person and the Qualification Certificate of Real Estate Development Enterprise, and carry out development within the business scope specified by its qualification;
2, development and construction procedures must be legal. Development projects must obtain land use right certificates, construction land planning permits, construction project planning permits and construction project construction permits;
3. Business conduct is legal. In addition to the above conditions, the sale of existing homes must pass the acceptance, the supporting construction of project roads, water supply and drainage, power supply, gas supply, heating, communication and greening has been completed or the completion date has been determined, the demolition and resettlement has been implemented, and the property management has been implemented, and the real estate development project manual has been verified with the real estate management department according to regulations; In addition to the above conditions, the auction house must also obtain a pre-sale permit for commercial housing.
4. When signing a contract, we must first choose the Commercial Housing Sales Contract (model text) of the State Administration for Industry and Commerce and the Ministry of Construction, which is comprehensive and standardized; Second, pay attention to the content that the developer promises to include in the contract.
5. If you buy a house, you should ask the developer for the "Residential Instruction Manual" and "Residential Quality Guarantee" when handing over the house.
Pay attention to whether the property right area is consistent with the contract area. If it is not the same, we can handle it according to the Measures for the Administration of Commercial Housing Sales of the Ministry of Construction. In addition, after handling the real estate license, you must also apply for a land use certificate. Pay attention to the related expenses, in addition to the above, there are transaction fees and measurement fees, which should be paid by the developers, but developers often take advantage of the fact that buyers are unfamiliar with laws and regulations and pass them on to buyers.
Second, the purchase process
The first step in the process of purchasing commercial housing: signing the subscription book.
After the official sale of commercial housing begins, a sales office will generally be established. After the purchaser approves this project, he can sign the subscription book at the sales office and pay the deposit. The seller shall truthfully introduce the progress of the project to the buyer, and hand over the signing instructions, relevant publicity materials and legal documents to the buyer.
Signing the subscription book is a link in the commercial housing sales procedure. The main contents of the subscription letter signed by the buyer and the seller include:
(1) Name, address and telephone number of the developer; The name, address and telephone number of the sales agent; The name, address, telephone number and identification of the subscriber; The name, address and telephone number of the designated law firm.
(2) The floor where the property is subscribed; Huxing; Room number; Area.
(3) house prices. Including unit price; Total price.
(4) payment method. Including one-time payment; Installment payment; Mortgage payment.
(5) subscription conditions. Including: the amount of deposit; The time and place of signing the formal contract; Payment address and account, compensation method for breach of contract and dispute settlement method during the period from signing subscription to formal signing.
After the subscription book is signed, the seller should give the buyer "signing instructions" so that the buyer can understand the following links and relevant details of signing. The main contents of the signing instructions include:
(1) Project legal documents: state-owned land use certificate number and sales license.
(2) The valid identity documents that the purchaser should carry. Certificates that the company should carry, house purchase approval, etc.
(3) Payment method of house payment.
(4) Description of taxes payable for house purchase: stamp duty, deed tax, handling fee, property right registration fee, warrant cost and warrant stamp duty.
The second step in the process of purchasing commercial housing: signing a sales contract.
After the subscription book is signed, the purchaser shall sign a formal contract at the designated place within the time stipulated in the subscription book. Contracts include: domestic commercial housing sales contracts, domestic commercial housing pre-sale contracts, export commercial housing sales contracts, export commercial housing pre-sale contracts, affordable housing sales contracts, etc.
Signing a sales contract is the most important part in the whole procurement procedure, and the contract is also the most important legal document in sales. The contract is generally in quadruplicate, with two originals, one for the developer and one for the purchaser. Two copies, one for the developer and one for the local housing management department. The main terms of the contract include:
(1) Land use certificate number and service life
(2) Commercial house sales license number
(3) The name and type of the property purchased by the purchaser.
(4) Floor, area, room number, apartment type and delivery date of the shopping industry.
(5) house prices. Including unit price and total price
(6) Method of payment
(7) Default clauses of both parties
(8) Warranty terms
(9) The buyer accepts the management terms of the property management company.
(10) Pre-sale registration
(1 1) house transfer
(12) house transfer
(13) disputes and dispute resolution methods
(14) Annex I: Floor Plan
(15) Annex II: Decoration Equipment Standards
(16) Annex III: * * * * Where there is a * * * used part, the Buyer and the developer can also sign supplementary clauses on other contents.
The third step of commercial housing purchase process: pre-sale registration
The contract has legal effect only after the seller and the buyer complete the pre-sale registration. The Buyer and the Seller shall go to the market office of the Housing and Land Administration within 30 days after signing the Contract. At the same time pay stamp duty. During this period, if the buyer transfers the purchased property, the buyer and the transferee shall endorse the contract. Within/0/5 days from the date of endorsement, both parties shall go to the market place with relevant documents to handle the transfer registration and sign the transfer registration application form, and the market place shall notify the seller within/0/0 days from the date of transfer registration.
The fourth step of the commercial housing purchase process: sign the management convention and go through the check-in procedures.
After the buyer pays the house price according to the relevant terms of the contract, the developer will inform him to move in and arrange for the buyer to contact the property management company. Property management companies will issue property management conventions and charging standards to property buyers. Property buyers and property management companies signed a management convention, pay management fees, you can take the key to stay.
The fifth step of the process of purchasing commercial housing: handle the transfer of property rights and get the real estate license.