As consumers, it is very necessary for buyers to know some legal knowledge about buying houses. However, most property buyers know little about the laws and regulations related to the purchase of houses, which is prone to real estate disputes or hidden dangers. Take a look at the following legal knowledge that you must know when buying a house.

1. Pay attention to false advertisements

False advertisements in real estate refer to publishing advertisements containing contents prohibited by the state by fictional facts or concealing important facts to deceive property buyers. According to the relevant regulations, the advertisement should indicate the book number of the pre-sale or sales license, clearly indicate the actual sales price and its validity period, and should be expressed by the actual distance of the real estate project to the existing traffic trunk road of a specific reference, and not by the required time. Real estate advertisements shall not use the image and environment of other projects as the effect of this project, and shall not contain the promise of appreciation or return on investment, and shall not contain decorative content.

Precautionary measures: You should go to the field and keep advertising leaflets, uncompleted flats and other publicity materials. It is best to include all the advertising contents in the formal contract in the form of attachments. In the future, if the developer fails to cash in, these materials can be used as a powerful proof to investigate its legal responsibility.

Second, pay attention to the mortgage problem

Mortgage problems are mainly divided into two types: First, some developers introduce zero mortgage, 1% mortgage and other measures to sell houses; Second, in order to sell out as soon as possible, developers blindly provide "guarantees" for loans to buyers who do not have the ability to repay loans. The Notice of the People's Bank of China and China Banking Regulatory Commission on Strengthening the Credit Management of Commercial Real Estate stipulates that the mortgage ratio shall not exceed 8% at most. Zero mortgage and 1% mortgage are just developers raising the house price in the contract and falsely reporting it to the bank.

Precautionary measures: It is not allowed to be greedy for petty gain. For property buyers, although the house payment is temporarily underpaid, the increase of the contract amount means that they have to bear higher house deed tax, maintenance fund, insurance premium and other expenses directly related to the total house price, which is not worth the candle.

Third, pay attention to the supplementary clauses signed in the contract

Generally, the house purchase contract is a standard contract reviewed by government departments, but many developers will require to sign supplementary clauses in the blank places in the house purchase contract, or sign supplementary agreements outside the house purchase contract, so as to show the liability of exemption from compensation for failure to hand over the house on time due to some specific reasons and under what circumstances the error rate of area measurement is too large, which will harm the interests of buyers.

Precautionary measures: read carefully the clauses in the supplementary agreement, especially the clauses exempting the developer from obligations and reducing the owner's rights. If you meet the blank, you should fill in the contents that are beneficial to your own rights and interests.

Fourth, pay attention to the supporting facilities of houses

Many houses are pre-sold, and the planning and supporting of houses are basically based on the developer's design drawings and plans. However, in order to save costs and maximize profits in the construction process, many plans have become empty when the house is actually handed over, and supporting facilities are either not available or the quality and quantity have shrunk greatly.

preventive measures: property buyers should calmly analyze the possibility and rationality of various supporting facilities, and not be confused by superficial phenomena. If the developer provides free transportation, can it be free for a long time? The second is to investigate whether the educational facilities are recognized by the administrative department of education. The third is to see if there are alternative supporting facilities around.

5. Pay attention to the developer's license when buying an auction house

Because the house purchased is a pre-sale auction house, buyers should pay special attention to the legality review of the contract signed with the developer, which is the basis and foundation for safeguarding their legitimate rights and interests. Article 2 of the Judicial Interpretation of Disputes over Commercial Housing Sales Contracts clearly stipulates that if the seller fails to obtain the pre-sale permit certificate of commercial housing, the pre-sale contract of commercial housing concluded with the buyer shall be deemed invalid.

Precautionary measures: check whether the developer can provide the original Commodity House Pre-sale Permit, and check the contents stated in the Pre-sale Permit to see whether the house he purchased is located in the pre-sale housing range stated in the Pre-sale Permit; Go to the housing management department or visit the website of the housing management department to review the authenticity of the pre-sale permit to prevent developers from practicing fraud.

VI. Pay attention to whether the purchased house has been mortgaged

In practice, many buyers find that the house or land use right they bought has been mortgaged in the bank, which leads to the delay in obtaining the real estate license, and even the house is given priority compensation by the bank. At this time, if the developer runs away with the money, the buyers will lose everything.

Precautionary measures: Choose a powerful developer with a good reputation, ask the developer to provide the original land use right certificate, and check with the land registration department and the housing management department whether the land or house has been mortgaged. Those who sign the pre-sale contract of commercial housing should be put on record in time.

VII. Pay attention to asking the developer to provide "three books, one certificate and one form" when handing over the house.

The "three books" refer to the residential quality guarantee, the residential instruction manual and the construction project quality certificate, the "one certificate" refers to the comprehensive acceptance certificate for the completion of real estate development and construction projects, and the "one form" refers to the completion acceptance record form. According to "Regulations on the Management of Urban Real Estate Development" promulgated by the State Council, "Real estate development projects can be put into use only after they are completed and accepted".

preventive measures: read the "three books, one certificate and one form" clearly. Only when these documents are complete, the quality of the building is recognized by the authority of the relevant state departments, which is a necessary condition for the developer to hand over the house. Once the owner signs the relevant documents for repossession, it will be regarded as recognition of the quality of the house.

(The above answer was issued on December 11, 215, and the current relevant housing purchase policy should be based on the actual situation)

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