Today, more and more people are no longer just the sale of second-hand encounter disputes lawyer, but early step on the direct sale of the former lawyer for the safety of transactions carried out to ensure, at least Bahrain will call the advisory to its own Attention to the problems. This shows that we have realized that, to avoid future disputes, in the secondary before the sale to gain a clear understanding of the legal issues. Below, the combination of practical experience, the author on the secondary market trading in the major legal issues on how to solve their own views.
The right to second-hand property transactions before the diverse needs to be reviewed
At present, the secondary market on the diverse nature of property rights, and some aftermarket public houses, a total of some housing, the housing units in the first place is to restrict the distribution of the transfer. This makes room in the secondary market transactions have different requirements, the need to meet the different conditions. Therefore, the trading in the secondary, from top to bottom-the need to lift the restrictions on the sale of the original.
1. "Old-style private house" will need to meet the two conditions
Generally speaking, the "old-style private house," the transfer of land use rights are obtained. According to relevant stipulations, such as second-hand housing market transactions have to meet the two conditions: First, home ownership has been approved have the right (usually county level) People's Government approved the sale of the second is if they are non-residential purposes, And the District Lands Authority also signed contracts to sell land use rights, land transfer payments back if still used to live in, although not signed contracts to sell land use rights, but have to pay land revenue payments. Meet the above conditions, housing all the people can acquire land use rights and housing ownership certificates, housing can only be listed for sale. Therefore, from top to bottom home in transactions such housing, how to deal with the above conditions have agreed to ensure that transactions conducted legally.
2. Sale and the sale of public houses to be living with Signature
According to the provisions of the city, the public only with complete sets of reinforced concrete structure, a mixed structure, brick houses and apartment housing Linong sale of new. These can be sold in the sale of public housing to meet the requirements of the lessee or live with people, that is, a sale of public housing, can be listed as a second-hand housing transactions. Under these provisions, public housing can be directly listed trading, in practice, here are two steps: The first step is to use the right to property rights, property rights after the second step is to the housing market transactions. As public housing tenants have the right to use addition, the living people also enjoy a right of residence, and such public housing tenants and people living between the often complex relationship, the sale of public housing listed transactions, in addition to the deed Property records on the signature, also agreed to live with a signature. If living without the consent of the after-sale transactions to the success of public housing.
3. Non-independent sets of public houses can only lease the right to transfer
The non-independent sets of public houses can be paid to lease the right to transfer, but the transfer of such housing is not for the "mini card" and therefore can not be used as second homes for sale.
4. Restricted the rights of the sale of second-hand
Restricted the rights of the common room generally used the following categories: First, a mortgage, such as through the purchase of housing mortgage loans. With the sale of the collateral used to be with the consent of the mortgages written consent of the people, if people do not agree with mortgages, can only be secured in the lifting of trade relations before the transfer. Second, the authorities closed down by the courts. General needs of property rights to the courts to provide additional property will be quarantined for up housing, or through other means to lift the seizure in accordance with the law only after a second-hand housing transactions. Third, housing was allocated to the lessee, in the future with the transfer of certain restrictions on the conditions, the general conditions in the housing ownership registration office filing. Most of this housing in the property rights of indigenous people in a unit, after the housing units will be allocated to employees as an in-kind. Although the workers are "mini card" on the property, subject to certain conditions, can be listed on the transfer of housing. The sale of such second-hand housing, the general need to set up conditions for the transfer of the original allocation of units issued by a written consent to an assignment of proof.
A total of second-hand sale of the required consent of the total
China's "General Principles of Civil Law", a total penalty of property subject to the consent of the total, otherwise action invalid. Therefore, the trading in the secondary, from top to bottom-right to housing if there were particular attention to the situation. As a division of real estate ownership registration system, so housing transactions of all rights, should be in "real estate contract for the sale" sign under the home should pay attention to the authenticity of those signatures. Apart from the minor's signature and signed by the parents, and other acts of the executed person must have a legal signed a written power of attorney, the authority should have been legalized civil authorities. It is important to note, if the property when the husband and wife as the housing property rights registered only one name, the family needs to confirm the sale of housing both spouses will be the same.
In practice, sometimes in such a situation: a total of the housing property without the consent of all the total was the sale of individual people, the rights of other people were sued requested confirmation of the sale is invalid, if the home is the purchase of goodwill, I do not know that there are all over the home without the consent of and transfer of ownership of housing has, the court generally will not second-hand judgement of the transaction invalid. This is the stability of real estate transactions and to facilitate the orderly operation of the point of view. There are other people only to the unauthorized sale of the rights of the individual who held accountable.
"Two deposit" of the dispute is different deposit transactions in the secondary market is very common problems, mainly because home from top to bottom did not fully understand the "deposit" of the legal sense. If the secondary market trading in the intermediary under the auspices of the signing of a contract for the sale, in the course of dealing in general there are two deposit. The first deposit in the home from top to bottom by the intermediary for the process, to guarantee home from top to bottom in the agreed time, in accordance with the agreed conditions, to identify locations signed a "contract for the sale of real estate." If by then the home of estoppel on the family and not to sign a contract for the sale, the deposit was to bear on the risk of confiscation of homes, above-estoppel did not sign "a contract for the sale of real estate", double the return of the deposit to bear the responsibility.
The second deposit appear in the "contract for the sale of real estate", to ensure that after the signing of a contract for the sale, from top to bottom home in accordance with the agreed terms of the contract effectively implement their respective obligations. If a breach of contract, breach of contract, to undertake the corresponding responsibility.
Of course, from top to bottom-through intermediaries can not directly sign a "contract for the sale of real estate" in the contract terms can be agreed deposit, to ensure that contracts signed after the two sides in accordance with the agreed terms of the contract to fulfil their obligations.
"Super-loan-to-deliberately" high-risk loans success is the success of the sale of second-hand housing a very important aspect. Bank approved mortgage loan applications to various factors considered, but the most important or the applicant's repayment ability. According to regulations, banks on housing loans in the amount of the sale of a certain limit. Now housing prices rising, so there is a non-standard: from top to bottom-two signed a contract for the sale price of different housing, a low price is true, a high price to be false, for the next home to Banks for real house prices more than the normal amount of the loan, the practice is called "super-credits."
From the law that such contracts because of "malicious collusion and harm the interests of the banks" and invalid. If the bank at the time there is evidence that the loan applicants (home) "super-loan-to-deliberately," will be refused under the home loan applications. From the transaction process, the family often require Fangkuan not get any circumstances to produce a first payment of the receipt and transfer procedures for housing, the risk is very high. Under the non-bank home loans in addition to facing the risk, we must also pay a high price on false part of the contract taxes and other additional expenditures, and will not be returned home on the false report Fangkuan high risk.
Therefore, in order to guarantee the safety of transactions to proceed smoothly, from top to bottom-should be strictly in accordance with the provisions apply for mortgage loans, to avoid the violations by means of access to credit.
The home field to be read on whether housing rental home
If the secondary market before the sale has been the tenant to lease, then in the period of the lease, the same conditions, the tenants enjoy Preemption. On the sale of the home should inform the tenant three months ago is about to sell the housing situation and inform prices and other terms of sale, the latest tenant shall within three months whether to exercise for pre-decision as soon as possible. If the tenant to give up for pre-and home in on the issue by writing to the tenant, the housing may be sold to other people. If the House does not inform tenants of housing for sale, and sold to others without authorization, then the tenant the right to act to the court that the sale is invalid. For the next home run, to avoid such problems, should the housing site visits to determine whether there is a tenant living inside, to ensure transaction security.
Three of their respective powers and responsibilities to be clear benefits
On the home commissioned by the intermediary, the intermediary should enter into a written agreement of the commission. Agreement to clear the sale of housing prices, on the home should pay attention to the distinction between "get the net price," "sale price" and "contract price," clearly the ownership and use of housing status, and delegated authority, and so on. The commission should have an agreement on the original home. Need to pay attention to the fact that some intermediary used Paper commissioned by the signing of the contract, one of several, on the home page of the copy will be signing on to another several. Therefore, the family should be noted that the contract on the space may be mistaken as you fill authorized by the intermediary, to be clear whether they so wish.
Under the home through an intermediary to find the family, should be asked to produce his intermediary between the home and on housing up for sale by the agreement. Agreement should include the basic housing conditions, housing prices, commissioned by the deadline and commissioned by the intermediary companies charge to the buyer's deposit requirement. Under the intermediary between the family and a written agreement should include the price, duration of retention and deposit processing, and other provisions, and stamped with the seal of intermediary companies. The family should at least have a contract Original. Signed with the intermediaries in good agreement, the actual delivery of deposit, the home should also confirm whether through an intermediary on the authorized deposit can be collected. In the delivery of deposit issued by the intermediary should request a receipt. The receipt should be an intermediary - the signature, but also stamping the intermediary company's seal.
Intermediary to facilitate transactions from top to bottom home success as the precondition for a commission. Therefore, in order to prevent intermediaries from top to bottom-brokering contracts signed after the signing to a contract for the sale, often in brokering agreed in the contract "When this occurs, from top to bottom home pay default payments to the intermediary company", from top to bottom should pay particular attention to this home.
Properly resolved after the signing of the follow-up matters
Good from top to bottom-signed a contract for the sale, in addition to the receipt and payment of Fangkuan, for the outdoors, there are some follow-up issues such as migration accounts, transfer funds, such as maintenance. In response, from top to bottom to properly handle the home in order to avoid unnecessary disputes. The signing of "a contract for the sale of real estate", from top to bottom-of-payments should be on the way home Jiaofang combination of circumstances, to ensure that their respective interests. For example, the two sides after the signing of the contract may agree to pay Fangkuan 30 percent, when Jiaofang Fangkuan pay 30 percent, property rights transfer, pay Fangkuan 35 percent of his transfer (water, electricity, coal, account transfer, etc.) then pay the , Of 5%. In both linked to the same time, the two sides will also clear breach of contract responsibility, as agreed by late Jiaofang or late payment, the daily price to pay a certain proportion of non-payment, more than the number of days, one party the right to choose rescission, breach of contract and requested Assume responsibility for breach of contract. In short, the more detail the contents of a contract for the sale, up to the operation will be strong, and also to facilitate the sale goes smoothly.
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