Now, the problem of new houses is more and more, if you are not careful, it will become a rotten building, even if you finally hand over the house, I am afraid it will be a tofu slag project. In view of this, more and more buyers are beginning to choose to buy second-hand houses. Although second-hand houses are more secure in terms of quality, the transaction risk will also be greater, so buyers still need to pay more attention! Here, what Xiaobian wants to say is that when buying a second-hand house, please first find out the following 5 legal common sense, and finally decide that the house does not belong to you!
Overlord contract
First, the purchase contract is very domineering
The purchase contract should be based on the premise of equality between the two parties, but because the buyer lacks professional legal knowledge, some sellers will add some unfavorable clauses to the purchase contract, or even overlord clauses. If the purchase contract is too overbearing, it will infringe on the legitimate rights and interests of the buyer. For example, no matter what the reason for the transaction failure, the deposit for the purchase of the house will not be refunded. A clause like this is obviously a hegemonic clause, just imagine, if the transaction fails because of the seller's unilateral reasons, the seller not only needs to refund the entire deposit, but also give the buyer a certain compensation!
Second, the number of co-owners is very variable
Originally, the house belonged to one person, but over time, the house may appear multiple co-owners. For example, when an old man dies, the house under his name is inherited by his children, and at this time, a person's house becomes owned by many people. When trading second-hand houses, you need to get the consent of all co-owners, otherwise the transaction will be invalid!
Property disputes
Third, real estate disputes are very troublesome
Originally, there were problems with the property rights of the house, and there was a situation of competition for real estate. If you are greedy for cheap and buy a house in dispute, then you don't want to live in peace in the future, and the people who compete for real estate will probably harass you every day!
Fourth, it is difficult to live in housing rental
According to mainland law, buying and selling does not break the lease. If the house already has tenants, even if you buy a house, you have no right to evict the tenant, which means that it will be difficult for you to move in quickly! Therefore, when buying a second-hand house, we must pay attention to confirm whether there is a tenant in the house, and if there is a tenant, whether the lease contract can be terminated and the tenant can move away!
transfer
Fifth, the transfer procedure is very important
Do you think that if you sign a contract to buy a house and pay for the purchase of the house, the house belongs to you? Not really! Because from a legal point of view, only if the house has completed the transfer formalities, it really belongs to you! Therefore, when buying a second-hand house, everyone must complete the transfer procedures as soon as possible, even if it costs a little money, it is worth it!
Buying a house is a technical job, especially the legal knowledge involved, but also professional technology. If you don't have the expertise, it's best to find a lawyer to accompany you, so that the transaction will be more secure! Finally, Xiaobian would like to remind everyone that when buying a second-hand house, please first understand the above 5 legal common sense, and finally decide that the house does not belong to you!