What issues should you pay attention to when buying a second-hand house through a housing agency?

What issues should you pay attention to when buying a second-hand house through a housing agency

1. Choose a real estate agency< /p>

First, choose a real estate agency. It is best to choose a real estate agency with a large scale, a business license, a qualification certificate, and a good reputation. In addition, before signing a house purchase agreement with the homeowner, the home buyer should go to the agency's store several times. During each visit, observe whether the salesperson in the store is fixed and whether there are other buyers and sellers who have disputes with the company.

2. Assessment and inspection of house details

The intermediary company audits the homeowner's ID card and property ownership certificate (including whether the property rights are valid, whether the house is mortgaged, etc.), and keeps them for record. The agency conducts on-site inspections to understand the details of the house, such as the water supply and drainage conditions of the ceiling, walls, bathrooms, and kitchens, whether there are any decorations that damage the structure, whether there are selfless constructions, and the occupation of roof platforms and corridors. Preliminary valuation provides a reference for determining the selling price. Suitable housing and home evaluation receive the most attention in this link.

3. Signing the Agreement

After verifying the house, the transaction intermediary company signs entrusted sales and house purchase agreements with the house seller and the house buyer respectively. After the buyer and seller confirm the price of the house and related matters, they go to the agency to sign a sales contract. Under normal circumstances, the details of the seller's house must be stated in the contract, and the agency fee must be paid at the same time. The general agency fee is paid by the buyer, and the amount is 2.5% of the house price. It is also charged to both the buyer and seller separately. In order to reduce possible risks in second-hand housing transactions, the following provisions are essential:

1. Basic information should be listed: the names, addresses, and contact methods of the buyer and seller.

2. Require the seller or intermediary to clearly state the basic information of the house, including the location, nature, area, structure, layout, decoration, facilities and equipment, whether there is a mortgage, and whether anyone agrees sell.

3. Issues involving price: In the contract, state the total house price, indicate whether it is a one-time payment, installment payment or apply for a loan, state the time of payment, and agree on payment terms.

4. State the delivery time, conditions, relevant procedures and fees.

5. Liability for breach of contract: Clarify what circumstances will constitute a breach of contract, the calculation and payment of liquidated damages, deposits, and compensation, and how to resolve disputes (arbitration, litigation, etc.) when negotiations fail.

6. State relevant matters such as the terms of entry into force, suspension, termination or cancellation of the contract.

7. Agree in the contract on the conditions for change and transfer or prohibition clauses prohibiting changes and transfers. In addition, when adding some terms, they must be implemented in words and the intermediary must be stamped with the company's official seal.

4. Sign the "Intermediary Guarantee Contract"

In order to ensure the vital interests of the real estate buyer and seller and eliminate unnecessary mistakes in the transaction, the intermediary accepts the consent of the buyer and seller. Later, as an intermediary guarantor, we provided intermediary guarantor services for the "payment of purchase price and handover of property" in real estate transactions. After the buyer and seller sign the sales contract, they sign the "Intermediary Insurance Contract" with the intermediary *** and pay the insurance premium. The seller submits the original and photocopy of the house ownership certificate, the public housing listing approval notice, and the name stamp. The buyer must submit a photocopy of a valid identity document and a name stamp. Individuals from other places who purchase a house must also apply for the "Notice of Approval of House Purchase by Individuals from Other Provinces and Municipalities in Beijing".

The buyer deposits all the house payment into the account designated by the guarantor before signing the contract and transferring the property. If the buyer wants to apply for a mortgage loan from the bank, he should sign an "Entrusted Guarantee Contract" with the guarantor and deposit 30% of the total house price as a down payment into the intermediary's designated account. The full amount of the loan will be transferred to the intermediary's designated account after the bank disburses the loan. The difference between the above two amounts and the total house payment shall also be deposited by the buyer in one lump sum into the account designated by the mediator before the bank provides the loan.

5. Transfer and Settlement

The buyer and seller pay relevant taxes and fees and go through the deed transfer procedures. Then, after the buyer and seller confirm that the property is correct, the mediator assists the buyer and seller in completing the property delivery. The property management fee will be settled and the seller's account will be moved out, the keys to the house sold will be handed over to the buyer, the buyer's house payment will be handed over to the seller, and the three parties will conduct insurance settlement; the brokerage company will assist in handling the change of property rights; if the buyer needs Loans are handled by brokerage companies and provided with periodic guarantees.

On the day when the deed is signed and transferred, the buyer, seller and their salespersons go to the real estate transaction management department of the district or county where the house is located to sign the "Sale and Purchase Contract" at the same time. Buyers who choose a lump sum payment should pay the remaining balance to the seller. Buyers who choose to take out a loan to buy a second-hand house must wait until the bank sees the "Sale and Purchase Contract" before they can lend. Many district and county real estate bureaus require that taxes and fees be paid on the day the deed is signed, so buyers must pay land transfer fees, deed taxes, and stamp taxes to the relevant departments of the real estate transaction management department. In addition, there are surveying and mapping fees, construction costs, and property rights registration fees. After paying the land transfer fee, the home buyer must sign a "Land Use Rights Transfer Contract" with the Housing and Urban-Rural Development Bureau. Subsequently, the Housing and Urban-Rural Development Bureau will review the documents for the house you purchased, handle property registration, surveying and mapping, and produce a new property certificate.

How can individuals buy a second-hand house without going through a housing agency

First of all: find a suitable house by yourself;

Secondly, consider whether to get a loan;

No loan: First go to the Housing Authority to consult the required materials (generally: the seller’s ID card, household registration book, real estate certificate, the buyer’s ID card, household registration book, single certificate must be provided);

If you want a loan, go to the bank to consult the required conditions and information, and just prepare it as required. Both the buyer and the seller will apply for debit cards at the bank;

When looking for a housing agency to buy a second-hand house, the most important thing to pay attention to is What details?

Check his transcripts.

Is it easy to get a loan from a housing agency to buy a second-hand house?

No one can say for sure. After all, this is an internal matter within the bank. As long as your credit is good and you have all the required materials, it should be fine.

When buying or selling second-hand houses through a real estate agency What are the scams?

1. In Shanghai nowadays, you basically check the listings through real estate agencies, and the intermediaries will show you the houses. If you are interested in a certain house itself, you need to further understand the surroundings of the house, including high-voltage wires, airplane garbage dumps, etc. that many people will be concerned about;

During the process of buying and selling second-hand houses through real estate agencies What issues do owners need to pay attention to

1. Tips for avoiding risks during house viewing

1. Nowadays in Shanghai, people basically inquire about housing through real estate agencies, and the intermediaries will guide them. Watching the house. If you are interested in a certain house, you need to further understand the surroundings of the house, including high-voltage wires, airports, garbage dumps, etc. that many people will care about. In addition, you must also pay attention to the relationship with the neighbors. After all, you will have contact with them in the future. of.

2. During the downturn in the property market a few years ago, some intermediaries took clients to see houses in order to earn agency fees, and then asked the clients to sign a confirmation of the property viewing on the pretext of cooperating with them to complete the work. Some people I signed it casually without paying attention. In fact, I signed a blank house sales contract prepared by the intermediary company. Afterwards, the intermediary company relied on this document to pay the intermediary fees to the house viewers. I would like to remind everyone that viewing a house is risky and you need to be careful when signing.

3. Be careful if the house price is too low. In Shanghai, too many houses involve high-interest private loans. If the property owner is eager to sell the house, the house price will be much lower than the market price. However, the variables of this type of house are too great and there are many things involved in the process, so don’t be greedy for this advantage. Be careful of lawsuits later.

2. Risk-avoiding tips in the process of signing a contract

When you take a fancy to a second-hand house and want to buy it, in order to prevent the owner from selling the house to others, you will sign it first The deposit contract and the payment of the deposit are usually signed directly by the intermediary. The intermediary company formulates a house sales contract (including deposit terms), an intermediary agreement and a complete set of commission confirmation letters. Because housing prices in Shanghai are relatively high, the law stipulates that the deposit should not exceed the total price of the house. Twenty percent of the purchase price is sufficient. To prevent the seller from regretting, many buyers are willing to pay an extra deposit, which can easily reach hundreds of thousands. Once you start shelling out money, be careful.

First confirm the owner of the house

Go to the real estate trading center where the house is located to obtain the house property rights, land, mortgage and other information materials. The full set is 20 yuan. You can do so with your personal ID card. Pick. The responsible intermediary company will have dedicated personnel there who can be called upon at any time. Maybe due to professional reasons, I don't believe in property ownership certificates. This can be faked.

Then confirm the seizure and mortgage status of the house

The industrial survey information materials will clearly show whether the house is mortgaged, whether it is mortgaged to a bank loan, to an individual, or because Debt issues were seized by someone, etc.

If it is mortgaged to an individual or seized, it is recommended that the seller raise funds on his own to lift the seizure and mortgage, because the credit of such a seller is relatively poor. If the mortgage is mortgaged to a bank, the seller may need to use the deposit or down payment from the buyer to repay the bank loan and then clear the mortgage. It is recommended that the buyer accompany the seller to the bank to pay off the loan to ensure the final destination of the money.

Reconfirm the household registration issues in the house

Currently, the household registration issues in the house will not be dealt with. Therefore, it is recommended to agree with the seller on the time for the household registration to be moved out, as well as the breach of contract for overdue move out. But fortunately, the current operating method of the bank is that when the final loan is made to the seller, the account issue will be confirmed with the buyer in advance. Only when it is confirmed that the account has been moved out will the loan be released to the seller's bank account. This operation is very user-friendly. The buyer's rights are guaranteed to a large extent.

Final confirmation of home buyer qualifications and related taxes

Due to Shanghai’s purchase restriction policy, home buyers need to have certain qualifications before they can purchase residential houses. Some careless home buyers just ask the real estate agent Whether you have the relevant qualifications, it is recommended that you refer to the relevant policies one by one to confirm that you are indeed qualified to buy a house.

In addition, whether the house has been purchased for two years, whether it has been purchased for five years, and whether it is the seller's only home will directly affect the amount of business tax and personal tax, and the difference is also relatively large.

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Questions about the down payment of a second-hand house with a real estate agency mortgage

1. The down payment for a second-hand house is generally 30%. If you are applying for a mortgage for a second home purchase, the down payment will be 60%. Therefore, it is not credible to have a low down payment. Unless there is a way to increase the appraised value of the house and get more money as a loan, there is a chance to lower the down payment.

2. Whether the deed tax is 1% does not only depend on the house, but also depends on whether it is your family’s first home purchase and the house is less than 90 square meters.

The handling fees for appraisal and notarization are collected by appraisal companies and notary offices, and vary from place to place;

I have never heard of Kadou;

What is the cost of the appraisal? You have to ask clearly;

The 10 years and 3 years of property maintenance and heating expenses are probably arrears of the old owner. Second-hand house transaction taxes and fees should not have such expenses;

Intermediary The loan fee is the service fee that the intermediary charges you. You have to check whether it exceeds the approval range of the local price bureau;

The loan fee should be the service fee for finding an agency to help you apply for a bank loan, and it should be negotiable. If you don't need a loan or apply for it yourself, you don't need this fee.

Problems with notarization of second-hand housing agencies

Of course there are risks

1. The real estate certificate you mentioned last is not available. What does this mean? Is it a first-hand house? If it is called an off-plan house, the state does not allow buying and selling.

2. Under normal circumstances, the notarization is valid, but the notarization certificate has not been issued. This is strange, because in Shenzhen, Dongguan, and Hunan, the notarial certificate is issued on-site. It's just a property, nothing special. The person arrives, the certificate arrives, the truth check is done, and now the notarial certificate is issued. Where can I get the notarized certificate without the real estate certificate?

There are too many problems in this, so be careful.

Do I have to go through a real estate agency to buy second-hand houses in Japan?

The question is this. Because Japanese people are afraid of individual contracts, most of them entrust intermediaries. There is also housing information. Even if an individual holds it, he can't find a place to release it, and we can't find it either.

What should I pay attention to when selling a house and contacting a real estate agency?

Since the house has been handed over, the house handover letter must have been signed, so strictly speaking, it is not an off-plan house. But if you want to trade, you can't do it. You can only finalize the sales contract first. The notary office will not accept the notarization of the sales contract without a real estate certificate.

Being deceived by an intermediary company is less common now. Please pay attention to the following points:

1. When the buyer places an order and the intermediary company asks you to sign for it, you must read the order clearly (the intermediary company agreement), don’t hand over your real estate certificate to an agent for safekeeping easily!

2. Check the real information of your buyer in the contract or agreement, and check clearly the final payment period of each house payment; and check clearly if there is a loan for the next home, how long will it take to get the loan? At the end of the account, be sure to see if there is a sentence like "If the bank cannot approve all the loans applied for by the next party, that is, the shortfall in the loan will be made up by the next party by itself before the loan deadline." This sentence must be included. If not, don't sell it.

3. In the end, I don’t know whether your house is a renovated house or a rough one, whether the decoration and furniture will be given to the next house together, and whether your house maintenance fund (1275 area 0.03 = maintenance fund amount) will be given to the next house. Home.

4. Read clearly the contract or agreement and the agreed amount of compensation if there is a breach of contract.

Cost of selling a house:

Mainly business tax, 5.55% of the total price (because your house is less than 5 years old)

There are also some other transactions Handling fee (about 1,000 yuan)

What are the precautions for second-hand housing loans

Note 1: Appraisal price and maximum loan amount When applying for a second-hand housing loan, banks generally The property will be appraised first, and the appraised value will generally be lower than its market value. When lending, the bank takes the lower value between the contract price and the appraised price as the basis, and then multiplies it by the loan factor, which is the maximum loan amount for the property. Note 2: Completion Year and Loan Length The completion year on the property certificate is usually ignored by borrowers. In fact, during the loan approval process, banks usually regard the completion year as the main condition that affects the borrower’s loan application period. Most banks The current policy is "housing loan period ≤ 35 years". For example, if a house was completed in 1994, then the current age of the house is 15 years, so the maximum loan term is 20 years (i.e. 35-15). Note Three: Loan Percentage and Interest Rate The current policy of banks in Beijing for second-hand housing is that the down payment for the first home is 20% and the interest rate will be reduced by 30%; for the second home, the down payment is 40% and the interest rate will be increased by 10%. The policy for provident fund loans is that regardless of whether a commercial loan has been used before and whether it is settled now, as long as the provident fund loan is used for the first time, the interest rate is based on 20% of the current down payment of the provident fund and the loan interest rate for more than five years is 3.87%. However, if it has been used before If you have passed a provident fund loan, you need to settle it before applying for a provident fund loan again (currently, some provinces and cities can apply for a second provident fund loan without settling the loan). Note 4: Selection of repayment methods The bank's repayment methods are mainly equal principal and interest, equal principal, biweekly payment and fixed interest rate. Various repayment methods are launched for different customers.

For example, equal principal and interest are suitable for working-class people with stable incomes such as teachers and civil servants; equal principal is suitable for borrowers who can bear greater repayment pressure in the early stage, and the repayment method can save more interest than the former; biweekly payment is suitable for weekly wages Or it may be a borrower where both spouses receive their salaries in the middle of the month and at the end of the month. Borrowers should not choose a repayment method that is not suitable for them in order to save interest. In addition, borrowers should consider their existing repayment ability when applying for a loan. Generally, the monthly payment should not exceed 50% of the family income. Note 5: There are many commercial banks to choose from now, but the features of each service are different, and the types of loans are also different. For example, not all banks have the biweekly loan mentioned earlier. If a borrower chooses a common mortgage product, the choice must be based on the number of bank branches, convenience of repayment, and salary payment bank. Of course, soft conditions such as service quality must also be considered. Note 6: Proof of income and repayment ability. When banks approve loans, they will require borrowers to provide proof that shows their ability to repay, which is what we often call proof of income. The income certificate is generally a certificate of income issued by the borrower's employer. If the applicant is married and one person's income certificate is lower than his monthly payment, both spouses can apply for a loan by issuing income certificates at the same time. After meeting the conditions, the bank can also Approval. In addition, some other family assets such as large deposits, bonds, real estate, etc. can also be used as proof of income, and banks will generally make reference. Note 7: Relevant circumstances of the borrower Personal credit record: For lenders, personal credit record is very important because the central bank’s credit record system is currently networked nationwide. As a reference for bank approval, personal credit directly affects the bank's assessment of the borrower's repayment ability. Currently, credit files mainly include: credit cards, real estate mortgages and other types of loans. Among them, credit card records are a detail that many borrowers tend to overlook. Although most credit cards are for small purchases, whether repayments are made on time directly reflects whether an individual's credit is good or not. Borrower's age: At present, banks generally set the borrower's age as no more than 65 years old. For example: If the borrower is 45 years old, the maximum loan period is 65 minus 45, which is 20 years. Note 8: The loan application to loan cycle process requires the cooperation of many institutions (including appraisal agencies, guarantee agencies, banks, etc.) to complete. Under normal circumstances, banks require customers to select the corresponding guarantee service agency. If the guarantee agency is used, the bank will usually give the house payment to the owner within 3-4 working days after the buyer and seller complete the transfer procedures. Including the previous evaluation and bank approval time, the process can generally be completed within 7 working days at the fastest. Therefore, when applying for a mortgage, you must cooperate with various institutions, including the preparation of personal information and interviews and other procedures that require the borrower's signature, so as to ensure that the borrower completes all procedures as quickly as possible.

Things to note when buying a second-hand house through an intermediary

When buying a house, most netizens are willing to find an intermediary for help. On the one hand, they can compare the second-hand house market and shop around through the intermediary. On the one hand, choosing a house is time-consuming and labor-intensive, and it is not as convenient as finding an agent. So, what should you pay attention to when buying a second-hand house through an intermediary? Let’s take a look below.

1. Find out the true situation

Buyers and sellers of second-hand houses generally do not know each other, so if possible, it is necessary to find out the identity of the other party and the true information about the property. The most reliable way is to go to the real estate trading center with your ID card to check the real information of the house and check the business license of the intermediary store to understand the qualifications of the intermediary company. When you go to the real estate trading center to inquire, you have to pay a fee of 30 yuan. In addition to checking the status of the house and the owner's information, don't ignore the land status, other real estate status, real estate rights restrictions, etc., so that you can understand whether the house has been Mortgage, whether it has been seized, whether the house was purchased with a mortgage loan, the loan amount, etc. In this way, it is less likely that you will be deceived and buy a mortgaged house, losing both your money and house. For intermediary companies, you can ask for a copy of the business license.

2. Pay attention to the payment party

In the process of real estate sales, the payment method is one of the clauses that can easily cause disputes. Therefore, the payment method, payment method and payment method should be as clear as possible when signing. Make a specific agreement on the date of payment, the next payment, and the amount of the second payment. The best way is for one party to deposit cash in the bank first, both parties to deliver the money at the bank, and one party to withdraw the cash and deposit it directly into the other party's account. Be sure to choose a secure payment method.

A special reminder is about the payment of the earnest money for purchasing a house. Under normal circumstances, if the seller agrees to sell the house two days after the buyer pays the earnest money, the earnest money will automatically be converted into a deposit for the house purchase. At this time, Generally, deposits are non-refundable. Therefore, consumers are advised to think twice before paying the deposit for purchasing a house.

If the house you are buying or selling has a loan, you must pay special attention when making payment. Generally, the seller should pay off the loan in advance. If the seller’s own funds are insufficient, you can ask the buyer to pay the down payment***Same. For repayment, both the buyer and the seller need to go to the lending bank at the same time to avoid the down payment being used for other purposes.

3. Determine the delivery time

If a purchase and sale intention is reached, the delivery time should be clearly stipulated in the contract.

In the past, during the process of buying and selling houses, problems often occurred because the delivery time was not specified in the contract. For example, at the agreed time, the seller was unable to deliver the house to the buyer due to leasing or other reasons, and the buyer was unable to hand over the house to the buyer because it was not specified in the contract. If relevant explanations are provided, the buyer will only suffer a "dumb loss". Therefore, during the signing of the contract, it is necessary to indicate when and how the seller will deliver the house to the buyer, what kind of compensation the buyer will receive if the house cannot be delivered on time, whether the house is still leased, etc. Under normal circumstances, at the time of agreement, the buyer can use about 10% of the total price of the house as a condition to constrain the seller to hand over the house.

4. Don’t let the household registration bother you

While the buyer is verifying the property situation, don’t forget the household registration relationship associated with the house. Whether the seller will transfer the household registration of his family after selling the house. Move out. Similar situations often occurred in the past, such as the seller not signing out his family's household registration at the same time after selling the house, resulting in the buyer being unable to move the household registration. This agreement can be noted in the "Other Agreements" in the "House Purchase Conditions Agreement" clause. Just like the agreement on the delivery time, under normal circumstances, the seller can reserve a sum of money and pay it to the seller after confirming the household registration status at the time of delivery. The amount of this money is usually about 1% of the total price of the house.

5. Be careful of maintenance funds being "exploited" by intermediaries

Many consumers ignore maintenance funds when buying second-hand houses. Intermediaries often use this "gap" to eat into maintenance funds. This situation often happens in the following way: the intermediary tells the seller that there is not much left in the maintenance fund for the second-hand house, and usually it is given to the buyer. When dealing with the buyer, the intermediary claims that the seller did not "give" the maintenance fund to you. The buyer has to apply for the maintenance fund again, so that the maintenance fund goes into the intermediary's pocket. The buyer and seller need to understand each other in person. If the maintenance fund is to be donated to the buyer, both parties need to agree in the "Other Agreements" in the "House Purchase Conditions Agreement" clause. Under normal circumstances, when the house is handed over, the buyer and the seller need to go to the corresponding property management company together to make the fund delivery and change the account name according to the account balance of the maintenance fund.

6. "First a villain, then a gentleman"

Real estate agencies generally prepare reusable format contracts. These contract agencies generally take their own interests into consideration. However, it is likely to include overbearing clauses that are unfavorable to the buyer. Therefore, when signing these contracts, be sure to read the clauses carefully, and do not sign hastily because you are embarrassed to waste the time of the agency staff. For those that are obviously detrimental to you, such as "regardless of whether the transaction is successful or not, , shall pay intermediary fees”. When handing over the real estate certificate or paying for a house, you must ask the other party to issue a receipt.

It should be noted that if the intermediary does not facilitate the transaction, it is reasonable to charge a certain fee. Article 427 of the Contract Law stipulates that “if an intermediary fails to facilitate the establishment of a contract, it may not require payment of remuneration, but may require the principal to pay necessary expenses for engaging in intermediary activities.”

7. How to pay the commission

After signing a contract, the buyer and seller must respect the intermediary service provided by the intermediary agency and pay the intermediary fees in good faith. Article 426 of the Contract Law stipulates: “If an intermediary facilitates the establishment of a contract, the principal shall pay remuneration in accordance with the agreement. If the intermediary provides intermediary services for the conclusion of the contract and facilitates the establishment of the contract, the parties to the contract shall bear the intermediary’s expenses equally. Remuneration. If an intermediary facilitates the establishment of a contract, the expenses of the intermediary activities shall be borne by the intermediary." If the buyer and seller get in touch through the information provided by the intermediary and conduct private transactions in an attempt to save intermediary fees, not only will it be difficult to achieve the goal, but they may also bear additional liability for breach of contract. The seller should also truthfully inform the agent and buyer of the true condition of the property.

Regarding commission payment, be sure to see clearly how the contract stipulates: whether the buyer pays the intermediary fee, the seller pays, or both parties pay the same proportion, and whether it is a one-time payment to the intermediary. The fees are still in stages and when the fees are paid. The relevant regulations in Shanghai are that buyers and sellers need to pay 2% of the total price of the house to the agent as commission, and the buyer and seller generally share half.

The above is what the editor introduces to you when buying a second-hand house through an intermediary. I hope it can help you. For more information about matters needing attention in second-hand houses, please continue to pay attention to Tubatu Decoration Network.

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