from the beginning of buying a house, we finally wait until the house is closed. Seeing that the day of living in a new house is getting closer and closer, it is difficult to hide my inner joy. However, in the last few steps, there are still some of the most important points for attention.

1. Pay attention to receiving the notice of occupancy in time

1. This is the first step to close the house, so pay attention to the deadline. Generally, the time limit agreed by the developer is within 3 days after the notice is sent, so the buyers should arrange the time.

2. after receiving the occupancy notice, we should first judge whether the developer delivers the house as scheduled. If the delivery is overdue, suggestions should be put forward, and according to the developer's reply, it is decided whether to go to the house, and go to the house according to the time agreed in the notice.

Special note:

1. Pay attention to the time limit for repossession, and it is troublesome to miss the repossession date.

2. The date of repossession can be advanced and cannot be postponed. If the actual delivery date exceeds the date of repossession agreed in the contract, you may consider claiming compensation from the developer according to the contract.

3. in case of special circumstances, you can entrust relatives, friends and lawyers in writing, or you can contact the developer in time to discuss another time and confirm it in writing.

4. If the property buyer fails to go through the relevant procedures for taking over the house at the designated place within the agreed time, from the legal point of view, it is generally regarded as that the developer has actually delivered the house to the buyer, and the buyer shall bear all the risk responsibilities and taxes of buying the house from the deadline of the notice.

2. Determine whether the house meets the delivery conditions

1. The Record Form for Completion Acceptance ── the most important

The Record Form for Completion Acceptance of House Building Engineering and Municipal Infrastructure Engineering is the most important document to be paid attention to at present. This form is formulated by the Ministry of Construction to standardize the management of project completion acceptance and filing. It is jointly inspected by the design, supervision, construction unit and construction unit, and 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 Record Form are submitted to the competent authorities for the record, the developer must be responsible for the real estate for life. Therefore, the "Completion Acceptance Record Form" has a strict binding effect on real estate developers. According to the relevant regulations, each item on the form must be reported to the relevant competent authorities for the record. If any item is missing, the property is a "black building" and cannot be occupied. The buyers have the right to refuse to accept the house.

2. Housing Quality Guarantee Letter

The Housing Quality Guarantee Letter is a commitment made by the developer for the housing quality and the warranty period and scope, and must be an annex to the house purchase contract, which has the same effect as the house purchase contract. Therefore, it is reminded to carefully review the specific paragraphs and pay special attention to the warranty period.

3. Instructions for Residential Use

Instructions for Residential Use are related explanations and precautions for specific technical indicators in house design, construction and acceptance, such as seismic index and wall structure type.

4. Certificate of Construction Project Quality

5. Certificate of Comprehensive Acceptance of Real Estate Development and Construction Project Completion

6. Registration Form of Measured Area

Special Note:

1. Only when the above documents are available can the specific delivery conditions of the house be explained. Therefore, before closing the house, it is necessary to review the relevant documents and confirm that the house has the delivery conditions, and then further handover work such as house inspection, settlement of fees and turnkey can be carried out. Therefore, we should pay attention to these documents, especially reminding you to look at the original rather than the copy.

2. The Record Form for the Completion of Construction Project is the most important document. When closing the house, we should not only look at whether the developer has this Record Form, but also carefully check whether all the sub-items have been put on record. It is the premise of repossession. Even if the developer does a good job, if it doesn't have this form, it means that it doesn't have the standard of handing over the house at all, and you have the right to refuse repossession.

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

4. if the developer refuses to produce these documents, or the documents are incomplete, you can ask the developer to sign for the "Letter of Confirmation of Responsibility for the Seller's Refusal to Produce the Residential Quality Guarantee, Residential User Manual and Construction Project Completion Acceptance Record Form" according to Article 11 of the house purchase contract.

5. Reminder: You can take the Residential Quality Guarantee, Residential Instruction Manual and as-built drawings of pipeline distribution with you and keep them as evidence.

6. If the developer can't provide the above-mentioned relevant documents, the purchaser has the right to refuse to take over the house, and the responsibility for delaying the delivery arising therefrom shall be borne by the developer.

Third, the final result of the new house acceptance

1. If there is no problem with the house inspection, fill in the handover form of house inspection and other relevant documents according to the actual acceptance. On this record form, the inspection situation should be recorded one by one, and the words "temporarily unclear" and "legally recognized" should not be recorded or written for any items that cannot be confirmed. If problems are found, they are recorded truthfully and the developer is required to deal with them within a time limit.

2. If you are dissatisfied, you can put forward your opinions and fill them in the House Inspection Handover Form as a written basis. If the developer fails to prepare the relevant form, the buyer should send them to the developer in another written form.

3. If problems are found, the buyer and the seller can solve them through negotiation. If the contents can be renovated, they should negotiate and sign relevant rectification and maintenance documents, and stipulate the next acceptance time (generally not more than 3 days).

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

Special note:

1. Principles to be adhered to after house inspection: As long as problems are found, no matter how big or small, they should be recorded in relevant documents or forms, regardless of the rhetoric of the house-collecting staff accompanied by the developer; If the building is not prepared for the acceptance registration form at all, you should bring your own pen and paper and record them one by one.

2. The behavior of the property management company can't represent the developer (unless there is a clear written authorization), so don't sign a document with the property management company about the quality of the house.

3. When problems are found in the acceptance of the house, the developer must seal it for confirmation and agree on the treatment plan.

4. If the developer refuses to stamp the house to confirm the existing problems, he must obtain evidence to prove that it is not that the buyer fails to close the house on time, but that the house to be delivered by the developer does not meet the contract or legal conditions.

Precautions:

The following questions are often encountered by buyers in the process of buying and collecting houses, especially such consultation questions. List the key precautions to remind consumers to pay attention to them in order to safeguard their rights and interests.

1. Taxes and fees related to house purchase

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

1. Deed tax

2. Handling fee for house purchase and sale

3. Stamp duty for the purchase and sale contract

4. Public maintenance fund

5. Registration fee for house ownership

6. Stamping and affixing tax for house ownership.

1. Deed tax

Deed tax is the tax paid by the owner to the state when he obtains the title certificate.

time of payment: deed tax can only be paid at the time of transfer

special note: no unit has the right to collect it except the tax authorities.

implementation: the owner doesn't need to pay the deed tax to the developer when he moves in, and he can go to the tax bureau directly before the house can handle the property certificate.

2. Public * * * Maintenance Fund

This fund is different from the property management fee, and it is only used for overhaul, renewal and transformation of residential parts and facilities and equipment after the warranty period expires.

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

Special note: No developer or property management company has the right to collect or collect overhaul fund. The fund should be handed over to the community office. If you give overhaul fund to the developer, you probably can't get it back.

3. Area mapping fee

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

4. Property fee

One-year property management fee, property management fee and water and electricity deposit: It is not illegal for ordinary communities to pay property fees for less than one year. Property management service charges shall be clearly marked, and the charging items and standards and charging methods shall be announced in the business premises or charging places.

5. Property agency fee

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

second, the area problem

the area problem is one of the most concerned contents of consumers. When buying a house, especially an auction house, buyers must take into account the possible error between the contract area and the actual area, and take additional clauses to prevent it when signing the contract.

(1) Problems:

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

consumers are often in a passive situation because of disputes over the area. It is suggested that buyers should make detailed agreements on possible problems in the purchase contract to safeguard their rights and interests.

2. developers can sometimes use pool and area measurement to encroach on the legitimate interests of property buyers, which is not easy to be found.

it is a professional's job to measure the housing area correctly, which is impossible for ordinary buyers. Secondly, the manual operation characteristics and normal errors of area measurement are hard to avoid, and it is easy for some developers to make artificial deviations to occupy the area of one or two meters of property buyers. Moreover, due to insufficient knowledge of consumers, the information in the process of buying a house is asymmetric, and it is easy for developers to steal the column and add the non-shared area to the shared pool.

(2) how to solve the area error?

area error: according to the relevant regulations, if the measured interior area or building area (including pool area) of the house caused by design changes between the buyer and the seller is inconsistent with the agreed area in the house sales contract, it shall be handled according to the contract. If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles: (1) If the absolute value of the area error ratio is within 3% (including 3%), the house payment shall be settled according to the price agreed in the contract; (2) If the absolute value of the area error ratio exceeds 3%, the purchaser may request to return the house. The developer shall refund the paid house price and pay the interest on the paid house price within 3 days upon the buyer's cancellation. If the buyer agrees to continue to perform the contract, and the actual area of the house is larger than the area agreed in the contract, the house price for the part with the area error ratio within 3% (including 3%) shall be made up by the buyer according to the agreed price, and the house price for the part with the area error ratio exceeding 3% shall be borne by the developer, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the developer shall return the house price and interest for the part with an area within 3% (including 3%) to the buyer, and the developer shall double the house price for the part with an absolute area error exceeding 3%.

Special note:

1. To measure the real area of the commercial house you bought, first, the buyers ask for the completed drawings of the building and ask experts to calculate according to the drawings.

2. When signing a contract, the terms should be detailed, and the handling method should be agreed when there is an error between the actual area and the registered area of property rights. If the treatment method is not stipulated in the stipulated contract, when the absolute value of the area error ratio exceeds 3%, the purchaser has the right to return the house.

(III) About the allocation area

The allocation principle of public construction area:

1. The allocation of public construction area of commercial housing is based on buildings. The shared public construction area is the public construction area in this building, and the public construction area that is not connected with this building shall not be shared into this building.

2. The public building area serving the whole commercial house shall be shared by each commercial house in the building; The public building area serving the local scope shall be shared by the beneficiary commercial houses. If the public building area is shared for many times, the sharing coefficient shall be calculated separately. The shared public construction area of each commercial house is the sum of the shared public construction area.

3. After sharing the public building area, the specific parts of the shared building area of each set of commercial houses will not be divided, but no one may occupy or change the original design function.

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

1. The building area of elevator shaft, stairwell, garbage chute, transformer room, equipment room, public hall and aisle, basement, guard room on duty and other public and management rooms that serve the whole building functionally;

2. Half of the horizontal projection area of the partition wall between the suite (unit) and the public building space and the external wall (including gables). Basements, carports, etc., which have been sold or rented as independent use space, should not be included in the public construction area, and basements as civil air defense projects are not included in the public construction area.

Public building space that should not be entered:

1. Warehouse, motor vehicle garage, non-motor vehicle garage, driveway, heating boiler, etc., as the basement of civil air defense engineering, independent use space with independent use function.

2. The house sold by the unit is self-operated and occupied.

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

4. For the semi-basement, regardless of the structure of the lighting well, it is not included in the construction area.

Special note:

1. When signing a contract, the specific items to be shared should be clearly agreed.

2. Before the pre-sale of commercial housing, the selling unit shall submit the area measurement report of the pre-sale of commercial housing to the pre-sale management department. If the design change of pre-sale commercial housing involves the area of pre-sale housing, the area measurement report shall be re-submitted. When the selling unit sells (pre-sells) the commercial housing, the sales area, shared public building area and public building parts of the commercial housing shall be specified in the sales (pre-sells) contract (including supplementary agreement).

3. if other non-operating houses benefited by other buyers need to be shared, the name of the house and the total construction area to be shared shall be stated in the sales (pre-sale) contract.

III. Examining sales advertisements

(1) There are problems

"The greening rate of our community has reached, and our community is equipped with primary schools, kindergartens and clubs"

Buyers are often confused by the beautiful rhetoric above, but they find that it is far from reality when they actually take over the house. In reality, false propaganda and changing community planning are also the usual skills of some developers; In addition, the decoration standard does not meet the contract or the developer's commitment. One of the key points in repossession is to ask developers how to fulfill their promises.

(2) solutions

1. Pay attention to the usual evidence collection.

If you buy a house, you must keep the loushu and advertisements well. When you can buy a house, you should take a photo of the sand table of the sales office. When you close the house, you should look at the environment against the plan of the community. According to the relevant judicial interpretation, such advertisements can be used as an offer and presented as evidence in court, requiring developers to honor their promises.

2. Always assert your rights.

once there are signs that the planning of the residential area has been changed, the buyers must negotiate with the relevant departments and developers as soon as possible, so as to avoid the formation of facts and the situation of "winning the lawsuit but not implementing it".

iv. legal check-out conditions:

in the process of house acceptance, if the owner finds that the purchased commercial house has quality problems, can he check out? The legal conditions for returning a house include the following:

1. The purchase contract is invalid:

In practice, the common situations that cause the purchase contract to be invalid are: ① the developer has no right to dispose of the property; (2) there is fraud in the developer.

2. Check-out due to nesting error: