Super detailed house closing process and strategy!

1. Pay attention to receiving the notice of move-in in time

1. This is the first step in closing the house, so pay attention to the deadline. Generally, the delivery time limit agreed by the developer is within 30 days after the notice is sent, so the home buyer must arrange the time well.

2. After receiving the notice of occupancy, you should first determine whether the developer has delivered the property as scheduled. If the house is overdue, you should put forward handling opinions and decide whether to go to collect the house based on the developer's reply. Go to collect the house according to the time agreed on the notice.

Special Tips:

1. Pay attention to the deadline for house repossession. Missing the house repossession date will cause much trouble.

2. The closing date can be earlier but not later. If the actual delivery date exceeds the resumption date stipulated in the contract, you may consider claiming compensation from the developer according to the contract.

3. If you are unable to arrive as scheduled due to special circumstances, you can entrust relatives, friends, or lawyers in writing to do so, or you can contact the developer promptly to discuss another appointment time and confirm it in writing.

4. If the home buyer does not go to the designated location to handle the relevant house closing procedures within the agreed time, from a legal perspective, it is generally deemed that the developer has actually delivered the house to the buyer for use. The home owner shall bear all the risks and taxes of the home purchase from the deadline date of the notice.

2. Determine whether the house meets the delivery conditions

1. "Completion Acceptance Record Form" - the most important

"Housing construction projects and municipal infrastructure projects "Completion Acceptance Record Form" is the document that should be paid most attention to during the house closing process. This form is formulated by the Ministry of Construction to standardize the management of project completion acceptance and filing. After it is verified by the design, supervision, construction unit and construction unit, it must be completed and filed with the construction administrative department within 15 days after the project is completed.

As long as the items in the "Completion Acceptance Registration Form" are submitted to the competent department for registration, the developer must be responsible for the building for life. Therefore, the "Completion Acceptance Registration Form" has a strict binding effect on real estate developers. According to relevant regulations, each item on the form must be reported to the relevant competent department for filing. If any item is missing, the property is a "black building" and cannot be used. If you move in, the buyer has the right to refuse to take possession of the house.

2. "Residential Quality Guarantee"

The "Residential Quality Guarantee" is the developer's commitment to the quality of the house and the warranty period and scope. It must be used as an attachment to the house purchase contract and is in conjunction with the purchase of the house. Contracts have the same effect. Therefore, home buyers are reminded to carefully review the specific items and pay special attention to the warranty period.

3. "Residential Instructions for Use"

"Residential Instructions for Use" is based on specific technical indicators in house design, construction and acceptance, such as earthquake resistance index, wall structure type, etc. related instructions and precautions.

4. "Construction Project Quality Certification"

5. "Real Estate Development and Construction Project Comprehensive Acceptance Certificate"

6. Measured Area Registration Form< /p>

Special reminder:

1. Only if the above documents are present, it means that the house has been delivered under specific conditions. Therefore, when taking over the house, you must first review the relevant documents and confirm that the house has met the delivery conditions before further handover work such as house inspection, settlement of fees, and key handover can be carried out. Therefore, pay attention to these documents, especially reminding you to look at the originals rather than copies.

2. The "Construction Project Completion Registration Form" is the most important document. When taking over the house, you can't just check whether the developer has this "Registration Form". You must also carefully check whether all sub-items are in place. Filing. It is the prerequisite for house collection. Even if the developer does a good job, if there is no such form, it means that it does not meet the standards for handing over the house at all, and you have the right to refuse to take over the house.

3. For these documents, on the one hand, it is necessary to check whether they exist, on the other hand, it is also necessary to check the legality of these documents.

4. If the developer refuses to produce these supporting documents, or the documents are incomplete, you can ask the developer to sign "About the seller's refusal to produce the "Residential Quality Guarantee" and "Residential Quality Guarantee" according to Article 11 of the house purchase contract. "Instruction Manual" and "Responsibility Confirmation Letter of Construction Project Completion Acceptance Record Form".

5. Remind you: You can take away the "Residential Quality Guarantee", "Residential Instruction Manual" and the as-built pipeline distribution diagram and keep them as evidence.

6. If the developer cannot provide the above-mentioned relevant documents, the buyer has the right to refuse to take possession of the house, and the developer shall be responsible for the resulting delay in delivery.

3. House Inspection

One principle must be mastered during the house closing process: "Inspect first and then accept." That is to say, the home buyer must first inspect and accept the house (including the documents necessary for acceptance and delivery), and then sign the house acceptance document after confirming that it is correct.

"Inspect before accepting" is not only in line with business practice, but also has a legal basis. The consideration for the house is the house payment. As long as the consumer pays off the house or pays a corresponding proportion of the price as stipulated in the contract, the contract obligations have been fulfilled, and the developer should hand over the house.

Before the house is delivered, the owner has the right to inspect and accept the house:

1. Test the house area:

Require the developer to issue an "Actual Measured Area Surveying and Mapping Report". According to the Housing and Land Management Bureau, A professional surveying unit will verify the actual measured area of ??each house and check whether there is any error between it and the sales area. What is the range of the error rate? If the actual measured area error exceeds 3%, the house collection can be suspended.

2. Inspect the quality of the house:

Buyers need to carefully check the quality of commercial housing when inspecting the house. They can mainly start from the following aspects:

(1) The quality of the house itself

(2) Whether supporting facilities such as landscaping, community facilities, and facility standards comply with the contract.

(3) Decoration quality

Special tips:

1. Be sure to master the principle of "inspect first and then accept".

2. If the developer refuses to inspect the house first and then go through other delivery procedures, the home buyer can ask the developer to sign the "Letter Confirming Responsibility for the Seller's Refusal to Deliver the House for Inspection" and then terminate the procedures.

3. Home buyers should understand the shared area and related knowledge to prevent developers from encroaching.

4. If quality problems are found, the developer should make repairs within a time limit, and the home buyer should ask the developer to sign a written letter. If the owner overstays his/her stay, the developer should bear liability for breach of contract.

5. As long as the house payment is paid in full and the buyer has fully fulfilled his obligations under the contract according to the contract, the developer should hand over the house unconditionally. Otherwise, it shall be regarded as a breach of contract by the developer. If the developer refuses to hand over the house, Should bear responsibility for late delivery. The developer has no right to refuse to hand over the property for any reason such as "failure to pay relevant fees".

6. Do not regard model room standards as actual standards unless the developer clarifies the relevant decoration standards in the contract according to the model room standards.

IV. The final result of the new house inspection

1. If there are no problems with the house inspection: fill in the "House Inspection Handover Form" and other relevant documents according to the actual acceptance situation. On this record sheet, the inspection status should be recorded one by one. Any matters that cannot be confirmed should not be recorded or written with the words "not clear yet" or "cannot be determined". If problems are found, they will be recorded truthfully and the developer will be asked to deal with them within a time limit.

2. If you are not satisfied with anything, you can put forward your opinions and fill them in the "House Inspection Handover Form" as a written basis. If the developer does not prepare the relevant form, the buyer should submit it in writing. Send comments to the developer.

3. If problems are found, the buyer and seller can resolve them through negotiation. If the problem is something that can be repaired, they should negotiate and sign the relevant rectification and maintenance documents, and agree on the next acceptance time (generally no more than 30 days).

4. The problems discovered must be noted in detail on the building inspection form. If the building cannot be repossessed, the reasons for not repossession must be stated in detail and the developer must be required to sign and seal. .

Special Tips:

1. Principles to be adhered to after the home inspection: As long as problems are found, no matter how big or small, they must be recorded in relevant documents or forms, regardless of whether the developer is accompanied by No matter how flattering the house closing personnel are; if the property does not prepare an acceptance registration form at all, you should bring your own paper and pen to record them one by one.

2. The actions of the property company cannot represent the developer (unless there is explicit written authorization), so do not sign documents with the property company regarding the quality of the house.

3. When problems are found during the inspection of the house, the developer must stamp the confirmation and agree on a solution.

4. If the developer refuses to stamp and confirm that there are problems with the house, evidence must be obtained to prove that it is not the buyer who fails to take delivery of the house on time, but that the developer intends to deliver the house that does not comply with the contract or legal conditions. .

Notes

The following questions are often encountered by home buyers during the process of buying and closing a house. In particular, they often encounter such consulting questions. List the key notes. Consumers are reminded to pay attention to safeguard their rights and interests.

1. Taxes and fees related to buying a house

(1) The following taxes and fees should be paid on the sale of commercial houses:

1. Deed tax

2. House purchase and sale transaction fees

3. Stamp tax on sales contract

4. Public maintenance fund

5. House ownership registration fee

7. Warrant cost

(2) Tax issues

Special reminder: According to the provisions of the law and the general As stipulated in some house purchase contracts, payment of public maintenance funds, deed taxes and other fees cannot be used as a prerequisite for the developer to deliver the house.

1. Deed tax

Deed tax is a tax paid to the state when the owner obtains the property title certificate.

Payment time: Deed tax can only be paid at the time of transfer

Special reminder: Except for the tax authorities, no unit has the right to collect it.

Implementation: Owners do not need to pay deed tax to the developer when moving in. They can go to the tax bureau to apply directly before the property can be issued with a property ownership certificate.

2. Public Maintenance Fund

This fund is different from the property management fee and is only used for residential use parts and public facilities and equipment when the warranty expires. Later overhaul, update and transformation.

Tax rate: 2% of the transaction price of the house.

Special reminder: No developer or property company has the right to collect or collect the overhaul fund on its behalf. This fund should be handed over to the community office. If you give your overhaul funds to a developer, you likely won't get them back.

3. Area surveying and mapping fees

The principle of collecting area surveying and mapping fees is "whoever entrusts it shall pay". The house purchase contract has stipulated the developer's obligation to provide the house purchaser with area measurement data, so this The fee shall be paid by the developer.

4. Property fees

One-year property management fee, property management fee and water and electricity deposit

Special reminder: It is not necessary for ordinary communities to pay property fees for less than one year. violation.

Prices for property management services shall be clearly marked, and charging items, standards and charging methods shall be announced at the business premises or charging location.

5. Property rights agency fee

The owner has the right to choose to apply for the property ownership certificate by himself, and the developer has no right to forcibly charge the fee from the owner.

2. Area Issue

The area issue is one of the things that consumers are most concerned about. When buying a house, especially when buying a house off-plan, they must consider the possible difference between the contract area and the actual area. Problems such as errors arise and are prevented with additional clauses when signing the contract.

(1) Existing problems:

1. There is an error between the contract area of ??commercial housing and the actual measured area, which has always been a focus issue.

Consumers are often put in a passive situation due to disputes over area. It is recommended that home buyers stipulate in detail related possible issues in the home purchase contract to protect their own rights and interests.

2. Developers can sometimes use pooling and area measurement to encroach on the legitimate interests of home buyers, and it is not easy to be discovered.

Correctly measuring the area of ??a house is a job for professionals and cannot be completed by ordinary home buyers. Secondly, due to the manual operation characteristics of area measurement, normal errors are difficult to avoid. Some developers make it easy to cause artificial deviation and occupy one or two meters of area from home buyers. Furthermore, due to insufficient knowledge of consumers, information asymmetry in the home purchase process makes it easy for developers to add non-shared areas to shared areas.

(2) How to solve the area error?

Area error: According to relevant regulations, if the actual measured internal area or building area (including shared area) of the house between the buyer and the seller due to design changes does not match the area agreed in the house sales contract, it will be handled in accordance with the contract. If there is no stipulation in the contract or the stipulation is unclear, it shall be handled according to the following principles: (1) The absolute value of the area error ratio is within 3% (inclusive), and the house payment shall be settled according to the price agreed in the contract; (2) The absolute value of the area error ratio If the value exceeds 3%, the buyer can request to check out. The developer should refund the paid house price within 30 days from the date the house buyer proposes to check out, and pay the interest on the paid house price. If the house buyer agrees to continue to perform the contract and the actual area of ??the house is greater than the area stipulated in the contract, the part of the house price with an area error ratio within 3% (inclusive) shall be made up by the house buyer according to the agreed price. The part with an area error ratio exceeding 3% will be paid by the house buyer at the agreed price. The house price is borne by the developer, and the ownership belongs to the buyer; if the actual area of ??the house is smaller than the area stipulated in the contract, the part of the house price and interest within 3% (inclusive) of the area will be returned to the buyer by the developer, and the absolute value of the area error exceeds The 3% portion of the house price will be doubled by the developer to the buyer.

Special Tips:

1. If you want to measure the real area of ??the commercial house you bought, the home buyer must first ask for the completed drawings of the building and ask experts to make calculations based on the drawings.

2. When signing a contract, the terms should be detailed and the method of handling the discrepancy between the actual area and the registered property area should be stipulated. If the contract does not stipulate how to deal with it, and the area error ratio exceeds 3% in absolute terms, the buyer has the right to check out.

(3) About apportioned area

Principles of apportionment of public building area:

1. The apportionment of public building area of ??commercial housing is based on building units. The allocated public building area shall be the public building area within the building. The public building area that is not connected to the building shall not be allocated to the building.

2. The public building area that serves the entire commercial building is shared by each commercial building in the building; the public building area that serves a local area is shared by each commercial building that benefits. If the public building area is apportioned multiple times, the apportionment coefficient shall be calculated separately. The public building area that should be allocated to each set of commercial housing is the sum of the public building areas allocated for each time.

3. After the public building area is apportioned, the specific parts of the building area allocated to each set of commercial housing will not be divided, but no one may encroach on or change the original designed use function.

The shared public building area consists of the following two parts:

1. Elevator shaft, stairwell, garbage chute, transformer room, equipment room, public hall and corridor , basement, guard room on duty and other public and management buildings that functionally serve the entire building;

2. Separation between units (units) and public building spaces Half of the horizontal projected area of ??walls and exterior walls (including gables). Any basement, carport, etc. that has been sold or rented as an independent space shall not be included in the public building area, and the basement used as a civil air defense project shall not be included in the public building area.

Public building spaces that should not be entered:

1. Warehouses, motor garages, non-motor garages, driveways, heating boilers, etc., which are used as basements of civil air defense projects and have separate functions. Independent use of space.

2. Houses that are self-operated and used by the selling unit.

3. Guard rooms and management (including property management) rooms serving multiple buildings.

4. For semi-basements, regardless of the structure of the light well, it will not be included in the construction area.

Special Tips:

1. When signing the contract, the specific items of the public share should be clearly agreed upon.

2. Before pre-sale of commercial housing, the selling unit shall submit an area measurement report of the pre-sale commercial housing to the commercial housing pre-sale management department. If the change in the design plan of a pre-sale commercial house involves the area of ??the pre-sale house, the area measurement report should be resubmitted.

When a house selling unit sells (pre)sells a commercial house, it should specify the sales area of ??the commercial house, the shared public building area and public building parts in the sales (pre)sale contract (including supplementary agreement).

3. If other non-business houses benefit from other house buyers and need to be apportioned, the name of the house and the total construction area to be apportioned should be stated in the sales (pre-)sale contract.

3. Review of sales advertisements

(1) Problems occurred

“The greening rate of our community has reached..., and our community is equipped with primary schools, kindergartens, and clubs. …”

Home buyers are often confused by the beautiful rhetoric above, but when they actually take delivery of the house, they realize that it is far from reality. In reality, false propaganda and changes in community planning are also common practices of some developers. First hand; in addition, the decoration standards did not comply with the contract or the developer's commitment. One of the key points in house collection is how developers can fulfill their promises.

(2) Solutions

1. Pay attention to the usual evidence collection.

For example, when buying a house, you must keep the property brochures and advertisements. When you are able to buy a house, take a photo of the sand table at the sales office. When you take possession of the house, you should check the floor plan of the community to see the environment. According to relevant judicial interpretations, such advertisements can be used as offers and presented as evidence in court to require developers to fulfill their promises.

2. Always assert your rights.

Once there are signs that the planning of the community has been changed, home buyers must negotiate with the relevant departments and developers as soon as possible to avoid the facts and the situation of "winning the lawsuit but being unable to implement it."

4. Legal check-out conditions:

During the house inspection process, if the owner finds that there are quality problems in the commercial house he purchased, can he check out? The legal conditions for check-out include the following:

1. Invalidity of the house purchase contract:

In practice, common situations that cause the house purchase contract to be invalid include: ① The developer has no right Dispose of the property; ② The developer is committing fraud.

2. Check-out due to unit type error:

For pre-sold houses priced by units (units), when the unit type is inconsistent with the design drawings, or the relevant dimensions exceed the agreed error range , if the contract does not agree on how to handle this, the buyer can check out.

3. Check-out due to area error:

The actual delivered area of ??the house exceeds the absolute value of the error specified in the original contract by more than 3% (not including 3%).

4. Changes in planning and design lead to check-out:

The developer changes the structure of the house and the supporting environment agreed in the contract without approval from the relevant departments; the developer makes changes after approval The structure of the house is not approved by the buyer.

5. Check-out due to unqualified quality:

If the quality of the main structure of the house is unqualified and verified by the entrusted engineering quality inspection agency in accordance with relevant regulations, the buyer has the right to check-out. .

Special Tips:

1. Since the overall construction of the building has not been completed and it cannot be accepted at all, the buyer does not need to take possession of the building that has not obtained the "three documents, one certificate and one form".

2. When the above legal check-out conditions occur, if the home buyer chooses to check out when one of the above situations occurs, the relevant liability for breach of contract shall be borne by the developer. If the developer does not agree to check out, the home buyer may File a lawsuit with the People's Court with jurisdiction.

3. If the above conditions are not met, but the house does have quality problems, the buyer has the right to ask the developer to make repairs, and the developer will compensate for any losses caused.

5. Special suggestions:

You can consider collective house collection.

In the process of buying a house, there are often many professional problems involved. Sometimes it is difficult to solve the problem by relying on the strength of individual consumers. Here, it is particularly recommended that you consider collective house collection. There is strength in numbers, and the power of experts can be used to solve the problems encountered. All the problems!

Tools needed to move in:

1) 1 plastic washbasin--for checking and accepting sewer pipes

2) 1 small Hammer--used to check whether the wall and floor of the house are hollow

3) 1 feeler gauge--used to measure the width of cracks

4) 1 5-meter tape measure- - Used to measure the clear height of the house

5) 1 multimeter---used to test whether each strong current socket and weak current are unblocked

6) 1 calculator-- - Used to calculate data

7) 1 pen--used for signing

8) 1 broom--used for indoor cleaning

9) 1 small stool, some newspapers, plastic straps, and packaging ropes - used for a long time, to take a break and to pre-close the sewer pipe.

Normal house inspection time usually lasts 2-3 hours. It is recommended to go at 8:30 in the morning or 2:30 in the afternoon.

The best house closing process:

Verify the owner's materials

The owner receives the "Completion Acceptance Record Form", "House Land Surveying and Mapping Technical Report", "Residential Quality Guarantee" and "Residential Instruction Manual" and explained by the developer

Pay the remaining payment

The owner receives the key and signs the "Residential Key Receipt Letter"

The owner puts forward questions, improvement suggestions or solutions to the problems existing in the acceptance inspection

The developer negotiates with the owner and reaches a written agreement

If the problems existing in the handover cannot be solved within 15 days according to the agreement, both parties should reach a written agreement on the solution and time limit

The owner signs the "Move-in Handover Form"

For The problems found must be noted on the building inspection form. If the building cannot be repossessed, the reasons for not repossession must be stated in detail and the developer must be required to sign and seal.

Tip: The "Completion Acceptance Record Form", "Residential Quality Guarantee" and "Residential Instruction Manual" provided by the developer to the owner when handing over the house must be originals and not copies.

House inspection, filling in the acceptance record and house handover:

After completing the building inspection, the owner should fill in the "House Inspection Handover Form for Residents" based on the actual acceptance situation, and at the same time copy the base numbers of the water and electricity meters. In the designated form (generally attached to the "Building Inspection Handover Form"); if it complies with government regulations and contract stipulations, the acceptance will be passed; if there is any dissatisfaction, you can make comments and fill them in the "Building Acceptance Record Form" as a Written basis. If the developer does not prepare the relevant form, the owner should submit his opinions to the developer in writing. Based on the opinions of the owner, both parties to the contract negotiate a solution. If the content is rectifiable, they should negotiate and sign the relevant rectification and maintenance documents, and agree on the next acceptance time (generally no more than 30 days). If the problem cannot be rectified, financial compensation should be given; if the problem is serious and has a significant impact on the use of the house, the developer can be held accountable according to law, or even check out.