Outline:

1. Buying and selling identity is not simple

2. Open your eyes more to property sales advertisements

3. Five certificates are required for review Strict

4. There are few Lianlians in model houses

5. Think carefully before purchasing the subscription letter

6. Check the terms of the contract

7. Don’t bother with the supplementary agreement

8. Sign and seal to wish success

Contents:

1. Buying and selling identity is not simple

That is, the determination of the house buyer and the review of the house seller. Determine whose name you will buy the house in, which may involve issues such as transfer and inheritance in the future. At the same time, be careful not to buy a house in the name of others, as this may cause many disputes; the seller should be the developer, with a few exceptions. Home buyers should ask for the original business license to check whether it has passed the latest annual inspection, whether it has an annual inspection mark, and whether the business scope includes real estate development and sales. Failure to have the corresponding qualifications will lead to illegal development and sales, and such properties cannot be purchased.

2. Open your eyes to property sales advertisements

Many home purchase lawsuits are caused by advertisements. In the promotion of real estate projects, developers have become a trend by using too many flattering words. Developers try their best to package the planning environment and price of the properties, and the sales girls who directly face the home-buying customers use the sand table model of the building to make a big fuss, making the home buyers feel that they are getting a "cheap": beautiful environment, low-cost The price is affordable and you can enjoy the developer’s meticulous humanistic care. In fact, once home buyers get the keys and step into their houses, they often find that the various beautiful scenes described by the developers are far from reality, so a series of disputes arise. When they cannot reach an agreement, they have to go to court. statement.

In order to avoid unnecessary trouble, it is best for home buyers to ask the developer to write the content of the advertising commitment into the agreement between the two parties when signing the contract, or request it as an attachment to the contract so that it becomes part of the contract. , in order to constrain developers to implement advertising content.

3. The review of the Five Certificates must be strict

At present, during the sales process of commercial housing, developers generally do not take the initiative to produce the original copies of the "Five Certificates". Only a few developers will Certificate" or part of the original "Five Certificates" are clearly stated at the time of sale. There are many reasons for not presenting the originals of the "Five Certificates". Some of them are due to issues with work attitude and sense of responsibility. Some are intentionally avoiding flaws recorded in the "Five Certificates", such as the existence of mortgages. Some are using copies to make false claims, such as using the first phase of a certain project. Said it was the second phase and so on.

For first-time home buyers, it is difficult to distinguish the authenticity of the "five certificates" and realize the possible interests in the recorded content. It is best to make it an attachment to the contract and require the developer to guarantee the authenticity of the "five certificates" in the contract, otherwise it will bear certain liability for breach of contract.

The five certificates refer to the "State-owned Land Use Certificate", "Construction Project Planning Permit", "Construction Land Planning Permit", "Construction Project Start Permit", and "Commercial Housing Pre-Sale Permit" ( or "Commercial Housing Sales License").

The official "State-owned Land Use Certificate" is stamped with the official seal of the people's government, the official seal of the housing and land administration department, and the special seal of the paid land use certificate. The name of the land user on the certificate should be exactly the same as that of the developer. Pay attention to the following: There is no record of land use rights mortgage. The "Temporary State-owned Land Use Certificate" can only be used to apply for pre-sale licenses and construction start certificates, and does not mean that the final land use rights have been obtained. Generally, the developer pays part of the land price in advance. If the later payment cannot be paid in full, the "State-owned Land Use Certificate" will not be obtained. This is a major hidden danger for home buyers when applying for a property ownership certificate.

The "Construction Project Planning Permit" of the Planning Bureau is the legal certificate that the construction project meets the requirements of urban planning. Only after obtaining the certificate can you apply for the start of construction procedures.

According to the Housing Authority's "Construction Land Planning Permit", check whether the land use, location and boundaries used by the developer are consistent with the construction land planning permit.

The "Construction Project Commencement Permit" issued by the Construction Committee is the legal certificate that the project can be started. The developer is selling off-plan properties and should produce this certificate upon request. If it is an existing house, you should check the "Construction Project Completion Registration Form" issued by the Construction Committee.

The "Commercial Housing Pre-sale License" and "Commercial Housing Sales License" issued by the Real Estate and Land Bureau are pre-sale and sales certificates. Pay attention to whether they are within the validity period and whether the purchased house is within the pre-sale and sales scope.

Some housing developers have already obtained large property rights. At this time, you should check whether the property title certificate includes the purchased house.

Article 2 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes", which came into effect on June 1, 2003, stipulates: The seller has not obtained the commercial housing pre-sale license certificate, and The commercial housing pre-sale contract entered into by the buyer shall be deemed invalid, but if the commercial housing pre-sale certificate is obtained before the lawsuit is filed, it may be deemed valid.

4. Shaolianlian among the model houses

During the pre-sale process of commercial housing, some developers have set up model houses or model rooms. In addition, the model house has a sophisticated layout and exquisite decoration, which often makes home buyers think about it, as if they are already in their own future house. Being confused by the model house, they relax a lot of issues that should be paid attention to when buying a house. As a result, after purchasing the house and moving in, I discovered that there was a big gap between the house and the model house.

Although Article 31 of the "Measures for the Administration of Commercial Housing Sales" stipulates that if a developer sets up a model house, it shall explain whether the quality, equipment and decoration of the commercial housing actually delivered are consistent with the model house. If no explanation is given, the actual delivery shall be The commercial houses should be consistent with the model houses. But it is obvious that the home buyer needs to bear a certain burden of proof to prove the existence of the model house and its internal structure, equipment, decoration standards, etc. Therefore, the buyer and seller should be clear-headed about the model house. If the house purchased is also a prefabricated house, it should be stated that the quality, equipment and decoration of the commercial house actually delivered are consistent with the model house, and the situation of the model house should be determined in the contract. Considering that the model house may be demolished or the structural content may be changed, it is recommended that the home buyer fix the situation of the model house in the form of evidence such as taking photos and videos.

In addition, attention should also be paid to the structure of the overall building. Shunyi Court accepted a case involving a commercial housing sales contract dispute caused by excessive noise. The plaintiff, Ms. Hu, requested the defendant, a real estate development company in Beijing, to replace her with a building of the same area and price as the house purchased by the plaintiff for free, and to compensate the plaintiff for economic losses of 12,485 yuan. In April 2002, the plaintiff moved in after renovation and soon discovered vibration and noise under his house. It was learned that the defendant had designed and installed an underground water supply system under the plaintiff's house. As the number of residents increased, vibrations and noises became louder and more frequent, making it uninhabitable for the plaintiff. On August 20, 2003, the plaintiff entrusted the Environmental Monitoring Station of Shunyi District Environmental Protection Bureau to conduct an appraisal. The monitoring report issued by the station showed that the noise underground of the plaintiff exceeded normal standards, and the plaintiff subsequently sued.

5. Calculate before signing the subscription letter

In the current commercial housing transaction process, many developers require the buyers to sign a subscription letter and pay before signing a formal commercial housing sales contract with them. Subscription money. It should be noted here that signing a subscription letter is not a necessary procedure for pre-sale or sale of a house. It is recommended that home buyers not sign a subscription letter easily. If some home buyers are really interested in a house in a certain project and are worried about missing out and must sign a subscription letter, they should pay attention to the following issues:

First of all, according to the Supreme People's Procuratorate that came into effect on June 1, 2003 Article 5 of the court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commodity Housing Sales Contracts" stipulates that agreements such as subscription, ordering and reservation of commercial housing must have the main contents of a commercial housing sales contract as stipulated in Article 16 of the "Measures for the Administration of Sales of Commercial Housing" ( (Including the name or name and address of the parties; basic information on the commercial house; the method and total price, payment method, payment time; delivery conditions and date of use, etc.), and the seller has accepted the purchase price as agreed, the agreement It should be recognized as a commercial housing sales contract.

Secondly, regardless of whether the subscription document does not meet the conditions to become a house purchase contract, its validity should be determined based on whether the developer has obtained a pre-sale license for commercial housing, its content, etc.

Thirdly, the home buyer must make it clear in the subscription letter whether the payment is a "deposit" or a "deposit". The legal consequences of the two are different.

6. Pay more attention to the contract terms

When signing a commercial housing sales contract, due to the information asymmetry between the buyer and seller in terms of professional knowledge, sometimes the buyer does not do so out of his original intention or does not know how to grasp the contract. , so that they end up in a passive position in the performance of the contract.

Before signing the "Commercial Housing Sales Contract", buyers should carefully read and understand the contract terms and professional terms. If necessary, they can consult with professional real estate lawyers and real estate development authorities.

The main terms of the contract are explained as follows:

(1) Terms regarding the area of ??the house.

The payment for commercial housing is calculated based on the building area. The building area is divided into two parts: the building area within the unit and the shared ownership area. The contract should stipulate the building area within the condominium and the allocated total area, and stipulate how to deal with the error in the building area within the condominium while the construction area remains unchanged, or the error in both the building area and the condominium building area.

When houses are currently delivered, the construction area is often increased by no more than 3%, but the construction area within the unit is reduced and the shared area is increased. In order to avoid this kind of unfavorable situation for the house buyer, it is necessary to stipulate in the contract how much the building area of ??the house must not be reduced, how much the shared area must not be increased, etc., such as: 2%, and what to do if it exceeds this range, check out Or not checking out; what fees are included in checking out, how to bear liability for breach of contract if not checking out, etc.

The other method is to calculate the house payment based on the built-up area of ??the house. If the built-up area of ??the house is inconsistent with the contract, it will generally be handled in accordance with the general principle established by the judicial interpretation of the Supreme Court, that is, whether it exceeds 3%.

(2) Terms regarding prices, charges, and payment amounts.

The price terms should be relatively clear, and there should be detailed restrictions on developers not to increase prices at will, and should not include various other unreasonable fees. In the terms of payment method, the payment method should be specified clearly and in detail, such as the time and amount of deposit payment, the steps, time and amount of installment payment, etc.

It can be indicated that the buyer applies for a loan from a financial institution within a few days after the contract comes into force. If it cannot be approved, the buyer can cancel the contract and get back the deposit in full. It is recommended that whether the buyer needs a loan or not, it is best to try to include this clause to give yourself a cooling-off period.

(3) Terms regarding housing quality.

When signing a contract, buyers must write the quality requirements into the contract in detail. For example: the decoration standards and grades of bedrooms, kitchens, and bathrooms; the list and grade of building materials; the list of indoor equipment; smooth water, electricity, gas, and pipelines; defects in doors, windows, and furniture; and the earthquake resistance level of the house. Quality requirements such as this should all be involved. The contract can also stipulate the warranty period of the house and the maintenance period of ancillary equipment.

The contract between the two parties stated that "marble floor, granite exterior wall and imported sanitary ware and kitchenware". However, when the owner actually moved in, he discovered that the marble floor material was actually artificial marble, and the imported sanitary ware and kitchenware were actually artificial marble. It is a domestic product, but it has a foreign trademark. When the case was heard, the developer did not breach the contract by using artificial marble because it did not specify that natural marble was required when signing the contract. The imported sanitary ware is produced by a joint venture factory. It is indeed a foreign brand and complies with the agreement. Of course, the use of these products makes the cost and decoration grade far different from what the owners imagined. In this situation where the decoration terms are not clear and the two parties have different opinions on the interpretation of the terms, the standard terms shall be interpreted in accordance with the relevant provisions of the Contract Law and shall be interpreted unfavorably to the contract provider, that is, the developer.

Some home buyers believe that after completion of commercial housing, it has passed the completion inspection organized by the competent government department, and it is allowed to be delivered for use only after passing the inspection. Therefore, there should be no quality problems in the commercial housing. There is also a "Residential Quality Guarantee" and a "Residential Instruction Manual". These two books have stipulated the details of the quality of commercial housing, so there is no need to stipulate the quality of commercial housing in the contract. But that's not the case.

Commercial housing completion acceptance is carried out by random inspection, so there is no guarantee that the quality of every commercial housing is qualified, and there may be a gap between the quality standards for completion acceptance and the quality requirements expected by home buyers. As for the provisions on house quality in the "Residential Quality Guarantee" and "Residential Instruction Manual", they are drawn up by the developer and focus on protecting the interests of the developer. Therefore, it is necessary to stipulate the quality of the house in the house purchase contract.

Make necessary agreements on the straightness of walls, floors, and ceilings, the waterproofing of ceilings, kitchens, and bathrooms, and surface cracks.

(4) Terms regarding after-sales property management.

This is something that buyers tend to overlook when signing a contract. Care should be taken to prevent the property management company from changing the property fees.

Article 13 of the "Commercial Housing Sales Management Measures" that came into effect on June 1, 2001 stipulates: "When selling commercial housing, if the real estate development enterprise selects a property management enterprise, the buyer shall When signing a commercial housing sales contract, an agreement on property management must be entered into with the property management company selected by the real estate development company. ”

However, when signing the contract, many real estate companies do not agree to enter into a commercial housing sales contract with the buyer. The recipient signs the relevant property management agreement. In this regard, the buyer should argue with reason to prevent the property company from changing the property fee when the house is handed over.

(5) Terms regarding the time limit and method of performing the contract.

The date of delivery of the house, the date, amount and method of delivery of the house price should be stated. For example, whether to pay the house price in one lump sum or in installments.

(6) Provisions on property rights registration.

Both parties shall handle it jointly according to the specified date, or entrust an agent to handle it. When going through the property transfer procedures, the seller should issue a written report applying for the transfer of property rights to the buyer, as well as the tax bill paid.

According to the provisions of the "Commercial Housing Sales Management Measures", it is agreed that the time limit for applying for a property ownership certificate should be 60 days. However, when the contract is actually signed, the seller often extends this period, usually to 90 days, 180 days, etc. The buyer should strive to stipulate in the contract that the time limit for the seller to obtain the property ownership certificate for the buyer is 60 days, which should not be too long. If this period is too long, such as more than 365 days, it means that the land or house in this project is likely to be mortgaged and cannot be released in the short term. It will be very difficult for the buyer to take a provident fund loan and obtain the real estate certificate as soon as possible. Influence.

(7) Clauses regarding tax burden. All taxes and fees payable in the purchase and sale of houses should be borne by each individual in accordance with legal provisions and clearly stated in the contract.

(8) Clauses regarding liability for breach of contract.

Including the liability of the seller for late delivery of the house, or the inability or failure to perform the delivery of the house; the liability of the buyer for late payment, and the liability for breach of contract and failure to buy, etc. The clauses related to liability for breach of contract in real estate sales contracts generally include the following statement: "The seller will not be held responsible for late delivery of the property due to force majeure." According to Article 153 of my country’s General Principles of Civil Law, “force majeure” refers to objective circumstances that are unforeseeable, unavoidable and insurmountable, such as earthquakes, fires, wars, etc. According to this provision, extension and expansion are set out in the real estate sales contract. However, the property seller cannot attribute the developer's own faults, such as inaccurate market judgment, investment errors, poor project design and modification of plans, as force majeure. At the same time, it cannot attribute seasonal impacts that should have been expected but were not expected, Factors such as superior behavior and government behavior are classified as force majeure, thereby exempting oneself from liability for breach of contract. Therefore, when signing a contract, special attention should be paid to how "force majeure" is defined in the contract.

Nowadays, in the house purchase contract, the developer's liability for breach of contract for late delivery of the house is generally stipulated as liquidated damages of two or three ten thousandths of the entire house payment for each day of delay. This ratio of liquidated damages is on the low side, equivalent to the bank loan interest required to pay for the house. The penalty for liquidated damages is not punitive enough. Home buyers should strive to increase the ratio, and may consider it to be between 0.5 and 1 per thousand.

(9) Regarding force majeure.

When signing a contract, pay attention to how "force majeure" is defined in the contract.

"Force majeure" refers to objective circumstances that cannot be foreseen, avoided and cannot be overcome (only natural disasters, excluding government actions or abnormal social events). No party may make an expanded interpretation in this regard, otherwise, the interpretation will not be binding. A notification period should also be agreed upon.

The seller sometimes puts forward the following exemption clauses, and the buyer is best not to agree: the relevant departments delay the issuance of relevant approval documents due to reasons not caused by the seller; the abnormal weather or major technical problems encountered during the construction cannot be timely solved.

7. Don’t bother with the supplementary agreement

The content of the supplementary agreement to the "Commercial Housing Sales Contract" generally includes the payment method, house floor plan, description of the public area and shared area of ????public housing, and decoration Standards, explanation of special reasons for delayed house delivery, ownership of public supporting facilities and garden green space, property management, etc.

It is recommended that home buyers should not be limited to the contents of the standard clauses when signing a contract, negotiate with the seller to re-formulate any clauses that are detrimental to their own interests, and supplement the missing matters.

When signing a contract, the buyer must reflect the matters agreed between him and the developer in the contract. Only in this way can there be evidence to be found in the event of a dispute in the future. Protect the legitimate rights and interests of the parties concerned. The buyer should ask the developer to provide floor plans for electrical, water supply, heating and other wiring and decoration whenever possible. This is not only a basic right to know for home buyers, but also the main basis for resolving disputes in the future.

As Annex 1 of the contract, the floor plan of the house is an expression of the consensus of the parties and is also the basis for resolving future disputes. Since Mr. Liu did not carefully review the attachments to his contract when signing the contract, he did not realize that the floor plan of the house provided by the developer was not consistent with what was actually agreed upon by both parties and contained many flaws. When a dispute arises between the two parties, it will The only evidence that can be used as evidence is the floor plan in the attachment to the contract. Therefore, we hope that when consumers sign a commercial housing sales contract with a developer, they must carefully review whether the direction, size, proportion and other specific details of the house floor plan are marked in the drawing.

Avoid disputes caused by mixed commercial and residential use. As commercial buildings are delivered for use, disputes arise from time to time due to mixed commercial and residential use. The seller can stipulate in the contract that the commercial building will be sold only as a residence and not as a commercial building, otherwise it will be liable for breach of contract.

The authenticity of the copies of the "Five Certificates" must be agreed, otherwise the developer shall bear the corresponding responsibility and choose the seller to produce the "Construction Project Completion Acceptance Record Form" as a condition for house delivery. Show the actual measured area when handing over the house.

From a market perspective, marketable products are in short supply and are still in a seller's market. Sellers will take advantage of the market and not make too many concessions in the process of fulfilling the contract. As for the low market demand or the backlog of commercial housing, due to various problems, sellers would rather die than give in. From a judicial perspective, the real estate market has just formed and is developing rapidly. Legislators and managers are unable to adapt to the needs of the rapid development of the real estate market both conceptually and practically. Moreover, there is no experience or precedent to follow, resulting in legislation and management being relatively inconsistent. It lags behind the rapid development of the real estate industry; under the combined effect of several factors, buyers and sellers are unable to compete in the short term and cannot achieve true consistency of rights and obligations. So in this situation where the buyer is obviously weak and disadvantaged, how can he try his best to win for himself some rights that should belong to him but have actually been infringed or ignored?

If the buyer hires a lawyer to help sign the house purchase contract, when negotiating the terms of the contract, the buyer must stand on the same side as his lawyer and show a high degree of trust in the lawyer. Only in this way can the buyer It is conducive to maximizing the legitimate rights and interests of the contract and minimizing the consequences of contract content that is not conducive to the buyer or even unfair to the buyer. Even if you really want to buy the house when the developer says it will be over if you don’t sign it, you should be calm and don’t give up easily on the negotiation conditions proposed by the lawyer. You must know that many negotiations are not accomplished overnight and each of them must have their own struggle process. .

In short, when signing a commercial housing sales contract, home buyers should not be anxious and consult as many professionals as possible so that they can sign a commercial housing sales contract with equal rights and obligations.

Insist that the seller stamps first and the buyer signs later, and do not leave any blank spaces in the contract. It is recommended that the contract be stamped with a seam seal, a cross-page stamp, and the individual buyer's signature.

When signing a commercial housing sales contract, both parties must reach an agreement on the terms of the contract and express it in writing before signing and sealing it at the same time. Only then can the contract take effect. But in fact, some developers require the buyer to sign first and then stamp the property. There are many reasons for developers to do this. For example, when the developer entrusts an intermediary agency to sell the property, the intermediary agency does not have the right to stamp the contract, so it must send the negotiated contract to the developer for stamping; The official seal is owned by a certain person. In order to improve the developer's own efficiency or convenience or for other reasons, the developer usually collects several contracts that have been signed by the buyer before gathering them together to seal them.

For honest developers, there is no need to worry about the time difference between the seller's seal and the buyer's signature. However, for individual developers who intentionally commit fraud, the buyer has to be careful. For example, the developer takes advantage of this time difference. , modify the contract in quadruplicate, add content that is beneficial to you in the blank space, and do not recognize the supplementary agreement negotiated in advance, but at this time the buyer has signed it and paid most of the down payment, which will put the buyer at a disadvantage status.

In order to prevent such details that have a small probability but are extremely damaging to the buyer, it is recommended that the buyer cross out the blank spaces in the contract in advance and express the selected terms in Chinese characters in the blank spaces of the contract. out to prevent it from being tampered with.

It is best to insist that both parties stamp and sign at the same time. This is not impossible for the developer to do, and it is also a sign of respect for the buyer and the seriousness of the contract