First, how to determine the delivery time?
Property buyers need to pay special attention to how "force majeure" is defined in the contract. Real estate sales contracts generally have the statement that "the seller shall not be liable for overdue delivery due to force majeure". Is this agreement reasonable? Are the attached precautions clear? This is generally easy for buyers to ignore or not know what it means.
Second, how to determine the housing area?
As a special commodity, commercial housing generally allows errors in the area agreed in the contract, but the errors should not exceed a reasonable range and should be clearly stipulated in the contract. Once the two parties agree on the error range of housing area, the seller shall strictly abide by it.
If the error is beyond the agreed scope, it is actually the seller's breach of contract and non-performance of the contract. However, if there is no clear allowable error range in the contract, once there is a problem, no matter how much the error exceeds or decreases, the court may decide the buyer to lose the case and adopt the method of more refund and less compensation.
For example, the final measured area is 20 square meters more than the original preliminary measured area. If there was no agreement in the contract at that time, the error could only be less than 10 square meter. Then, this expenditure is not a small sum for property buyers.
Third, how to view the property?
Before signing a property contract, you should read the terms of the contract carefully to see if there are any terms that do not meet the requirements or deceive the property buyers. At the same time, we should carefully check the property charging standards. For the charging items that are not included in the standard, the other party may be required to show the certificates of the relevant departments, otherwise it has the right to refuse to pay.
4. What are the risks of the Yin-Yang contract?
Yin-yang contract refers to signing a fake contract with a lower transaction price than the actual transaction price. Take the fake contract as the basis of tax declaration, so as to achieve the purpose of reducing tax payment. The signing of a house sales contract shall comply with the relevant provisions of national policies and regulations and be conducted in accordance with market trading rules.
Because the behavior of signing yin-yang contracts between buyers and sellers seriously violates the provisions of tax management in China. If it is general tax evasion, the administrative organ has the right to impose administrative penalties such as fines and detention; If tax evasion is large and frequent, it may constitute a crime.
5. How to confirm the real seller?
In the second-hand housing transaction, there are not only fake owners, but also fake real estate licenses and false information. In second-hand housing transactions, it often happens that the name on the property certificate and the seller are not the same person. Therefore, if the buyer pays the deposit and signs a contract with the seller, it is time-consuming and laborious to recover the deposit if the business changes.
In addition, there are scammers who forge the identity of the head of the household, and then swindle the buyers for various reasons, sell the house that does not belong to them, and run away after getting the purchase money. Property buyers should carefully examine the subject qualification of the second-hand housing transferor to determine whether the transferor is the property owner.
Sixth, how to avoid the intermediary trap?
Most second-hand houses are sold through intermediaries. In order to quickly reach a sales agreement, some unscrupulous intermediaries often cheat buyers and sellers by cheating on the contract. When signing a contract, the buyer and the seller should write the terms related to the intermediary into the contract, and at the same time pay attention to the hidden traps in the contract.
When dealing with the second-hand house, the buyer should not only pay attention to the price of the house itself, but also set terms to stipulate the liability for breach of contract on the intermediary's responsibilities and obligations. Once the intermediary and the seller breach the contract, the buyer can safeguard the rights and demand corresponding compensation. In addition, buyers and sellers should also pay attention to the list of fees such as commissions and handling fees of intermediary companies involved in the transaction to avoid disputes.