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 intermediaries to be responsible for their sales activities. Intermediaries can't directly sign sales contracts with property buyers without the signature of the developer, which means that intermediaries can't sign contracts in his name. When signing a contract, we should grasp that it is a developer, and don't entrust an intermediary company to sign a contract in its own name. Another tip, when signing commercial housing sales contracts, we should pay attention to some proportional figures. For example, whether the liquidated damages are a few thousandths or a few ten thousandths or a few percent, these proportions must be paid attention to as buyers. If one percentage point is missing, many things will be much worse.
When buying and selling, one is to sign a subscription book, and the other is to sign a house purchase contract. There are supplementary provisions in the purchase contract. This supplementary agreement is often not stipulated in the purchase contract, usually stipulated in the supplementary terms. What buyers need to be reminded is that the supplementary terms are more important to some extent than those agreed in the house sales contract, because the supplementary terms are agreed according to different specific conditions of different projects. Therefore, we should grasp several issues when signing supplementary terms.
First, the contents of advertisements such as sales brochures should be clearly written into supplementary agreements, which is a very important way to safeguard the legitimate rights and interests of property buyers.
The second is to clarify the time for handling housing ownership certificates. Because the sales contract usually doesn't say how long it will take to complete the title certificate, it is usually agreed in the supplementary terms.
Third, it is necessary to clarify the responsibilities of both parties to the mortgage failure. Buying a house now generally requires a mortgage. In fact, in some cases, the mortgage loan has not been completed. The reasons for not doing it are complicated, including property buyers, real estate developers, even banks, and some are comprehensive. It is necessary to clarify what the respective responsibilities of both parties are if they cannot apply for a mortgage.
Fourth, define the shared floor area. At present, the most controversial issue is the allocation of the pool area. Some developers often make a fuss about the pool, so it is necessary to make a clear agreement with the developers, not only to have a rough pool area figure, but also to agree on which part of the pool to determine the location of the pool. Now there are many gifts for this and that, in fact, sometimes they are common fields.
Fifth, the decoration standards should be clear. After the gradual real estate development project is refined decoration, the standard of decoration must be clear. For example, the standard of decoration should not be vague, such as imported materials and advanced materials, but it must be clear what brand to use, even including color.
Sixth, clear check-out responsibility. After receiving the notice of occupancy, buyers often spend some money to decorate their houses, such as buying home appliances. But once the check-out is the reason of the developer, it is necessary to clarify what kind of responsibility the developer is and return it to the developer within a certain date, even including bank interest and fines.
Finally, whether property buyers need to hire a lawyer when buying commercial housing. The sale of commercial housing involves a lot of professional legal knowledge, and it is difficult for ordinary buyers to understand these problems at once. Therefore, in order to reduce the risk and prevent the trap in the sales contract, it is suggested that the buyers hire a lawyer in the process of buying a house and ask a lawyer to handle related matters. Although some fees will be paid, the risk will be reduced.
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