What Is a Deal Flow?
The transaction process of second-hand housing refers to the process of buying second-hand housing. Generally, there are eight steps: buyer consultation, signing a contract, handling transfers, deeds, payment of taxes and fees, transfer of ownership transfer procedures, bank loans, and balance payment. transaction.
Second-hand housing transaction process
- At present, housing has become the focus of widespread social attention. As housing prices remain high, people are increasingly choosing second-hand housing. Here I will share with you the general process of second-hand housing transactions.
- Buyer consultation
- Buyers and sellers establish information communication channels, the buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.
- Sign a contract
- The seller provided the legal certificate of the house, the buyer can pay a house purchase deposit (paying a house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sale contract (or a house sale contract). After the buyer and the seller have reached an agreement on the location of the house, the status of the property right and the transaction price, the delivery time of the house, the delivery of the house, and the handling of the property right, the two parties signed at least three copies of the house sale contract.
- Handle the transfer
- Buyers and sellers jointly apply to the real estate transaction management department for review. After the application process is submitted to the real estate management department, the management department shall check the relevant documents, review the property rights, grant the transfer procedures to the houses that meet the listing conditions, and reject the cases where there are no or part of the property rights without the written consent of other property owners. Application to prohibit listing transactions.
- Deed
- The relevant departments of real estate shall, according to the property rights status of the transaction house and the purchase object, report and approve the approval step by step in accordance with the examination and approval authority set in advance by the transaction department, and then both parties to the transaction can complete the deed procedure. Now Beijing has cancelled the real estate deed in the transaction process, which is commonly known as "white deed".
- Pay taxes
- The composition of taxes and fees is more complicated, and it depends on the nature of the transaction house. For example, the tax and fee composition of housing reform, rehousing, and affordable housing are different from those of other commercial housing.
- Handling the transfer of property rights
- After the two parties of the transaction have completed the registration of property rights change in the real estate transaction management department, the transaction materials are transferred to the license issuing department, and the buyer applies to the license issuing department to apply for a new title certificate with the notice of ownership of the house.
- Is the property right clear
- In some houses, there are multiple co-owners. If there are co-owners, family members, and couples, the buyer should sign a house sales contract with all co-owners. If only some of the co-owners dispose of the common property without authorization, the sales contract signed between the buyer and the buyer is generally invalid without the consent of the other co-owners.
- Is the land condition clear
- The buyer in the second-hand house should pay attention to the nature of the land use, and see whether it is allocated or transferred. The allocated land is generally used free of charge. The government can recover it for free. The transfer is that the landlord has paid the land transfer fee. Complete rights; you should also pay attention to the life of the land. If the land use right of a house is only 40 years and the homeowner has used it for more than ten years, should the buyer use the same land use right for 70 years of commercial housing? It's a bit uneconomical when it comes to measuring the price.
- Whether the transaction house is renting
- Some second-hand houses have a material burden when they are transferred, that is, they are also leased by others. If the buyer only looks at the real estate certificate, and only pays attention to the transfer formalities, and does not pay attention to whether there is a lease, the buyer is likely to get a real estate that cannot be moved in or used in time. Because our country, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the house sale and purchase contract cannot be opposed to the previously established lease contract. In practice, this point has been ignored by many buyers and intermediary companies, and has also been used by many sellers to cause more disputes.
- Whether the house procedures are complete
- The real estate certificate is the only proof that the owner owns the ownership of the house. When a house without a real estate certificate is traded, there is a great risk that the buyer will not get the house. The homeowner may have a real estate certificate to mortgage or resell it. Even if there is no future acquisition, the homeowner can still mortgage and resell. So it is best to choose a house with a real estate certificate for trading.
- Whether welfare housing is legal
- Housing reform, housing projects, and affordable housing itself are a kind of welfare-type policy housing, and there are certain restrictions on the transfer, and these houses have certain national regulations on the nature of the land and the scope of ownership of the house. Avoid conflicts between sales contracts and national laws.
- Whether property management fees are in arrears
- When some homeowners transfer their houses, their property management fees, electricity costs, and three gas (natural gas, heating, gas) costs are in arrears, and a large number of costs have been owed. The buyer bought the house without knowing it. All costs The buyer may be fully responsible.
- Does Municipal Planning Affect
- Some homeowners who sell second-hand houses may be aware that the house will be demolished in about 5 to 10 years, or high-rise housing will be built near the house, which may affect the municipal planning situation such as lighting and prices, so they are eager to sell as buyers. You should fully understand the details.
- Whether the unit housing infringes
- The housing of ordinary units has employee housing at cost and standard employee housing. Both of them are allocated in nature, and land use fees should be paid when transferring. In addition, the general unit of standard-priced housing enjoys part of the property rights, and when the employee transfers, the unit enjoys the right of preferential purchase. If the buyer fails to pay attention to these, they may infringe on the legal rights of the unit together with the homeowner.
- Whether the intermediary company violates the rules
- Some intermediary companies provide intermediary services in violation of regulations. For example, in the case of second-hand housing loans, there is a zero down payment service for the buyer, that is, the entire purchase price paid by the buyer can be defrauded from the bank. The buyer thinks that he has taken advantage. If he is found by the bank, all the responsibilities may be borne by himself.
- Whether the contract is clear
- Although the sales contract for second-hand housing does not need to be as comprehensive as the sales contract for commercial housing, some details should also be clearly agreed upon, such as the subject of the contract, guarantee of rights, housing prices, transaction methods, liability for breach of contract, dispute resolution, date of signing, etc. Should be fully considered. [1]