When signing a contract for the sale of second-hand housing, it is necessary to agree on housing prices, the time required for each transaction, and the amount of default, etc., and be reflected by specific figures. Some figures strive for accuracy, while others require consideration for margins. In order to complete the transaction smoothly.
Signing contracts for the sale of second-hand homes, with particular emphasis on numbers. Experts said that under normal circumstances, buyers and sellers will pay full attention to such important figures as house prices, and generally do not make mistakes in this. However, for the transaction date, liquidated damages, taxes, etc., it may be due to negligence and leave hidden dangers, so these data must not be taken care of.
According to reports, the current situation in the market is that sellers still have loans that have not been paid off, and buyers need to apply for mortgage loans from banks. Such transactions are also relatively complicated. Therefore, a detailed analysis is mainly focused on this situation.
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Strive for accurate numbers
In the real estate sales contract, some figures can not be wrong, otherwise it will bring a lot of trouble for themselves.
The first is house prices. There may be a lot of people who will ask such questions. How can prices go wrong? However, there are indeed people in the real world who are willing to make mistakes. It is also necessary to know whether they are wrong or wrong. Industry sources explained that due to the large number of taxes and fees involved in the trading of second-hand housing, a small number of people have resorted to unconventional means such as “low prices†and “yin-yang contracts†to achieve their objectives. The benefits are self-evident, sellers can reduce the amount of tax, business tax and other payments, and buyers can also achieve the purpose of reducing the deed tax.
However, while doing so is self-interested, it will also "lose self". Xu Haibo, a lawyer at Shanghai Grand Hyatt Law Firm, said that “low prices†have risks for both buyers and sellers. In the case of sellers, in the event of a change in the transaction process leading to a transaction interruption, it is possible to recover some of the non-contractual part of the payment. It will take a lot of energy; and for buyers, because of the “low†housing prices, in the future to change the production of the house to sell the property, will be imposed more tax.
Although the other figure will not appear directly in the sales contract, if you ignore its existence, it will cause trouble for yourself, that is, the number of contractors. The lawyer stated that if it is a joint property, when signing a sales contract, all the co-owners in the real estate warrant must be present at the same time to sign and seal, or the seller must issue a power of attorney notarized by a notary office to avoid unnecessary future Disputes.
Trading time is tight and moderate
In the process of trading, in order to close the transaction as soon as possible, it is necessary to connect the various trading links very tightly. Experts said that they can do this when they go through all formalities, but in the contract, they do not have to control the transaction time too tightly to avoid inconvenience.
For example, experts say that if a buyer applies for a bank mortgage loan, if the formalities are complete, it can be approved within 7 working days. However, in the actual handling process, due to formalities, there may be a situation of re-submitting procedures, so that the application process will certainly be extended. If the time limit for applying for a mortgage loan is limited to 7 days in a sales contract, it may be prolonged because of a replacement procedure, which means that the buyer is in default.
Experts said that in the actual transaction process, there are usually two time nodes that need attention, that is, the time from the signing of the housing sales contract to the transfer of the formalities, and the time between the completion of the transfer procedure and the handover of the housing. In general, the former is 35 to 40 days, and the time interval between transfer and collection is about 15 days.
Another time is more important. For the buyer, it may be due to some unexpected reasons, such as a flawed credit record, that will result in the buyer being unable to obtain a full loan. For example, Mr. Zhang purchased a second-hand residential house and applied for a mortgage loan of RMB 1 million from the bank. However, the bank found a bad record in his credit record and therefore approved only RMB 800,000. Then for Mr. Zhang, he must be in a certain period of time. In addition to raising 200,000 yuan in purchase money, how many days should this period be set? This reporter learned that many real estate agents have agreed to stipulate this time within a week, and many homebuyers who do not understand this have agreed to this practice. However, experts said that after encountering this situation, many buyers could not raise more funds within a week. Therefore, it is recommended to extend the time further, such as extending the time to cover the difference in the transfer procedures, fundraising. The time can be extended to three weeks, so that buyers can leave enough time for remediation.
In addition, there is still a time that cannot be ignored, that is, the time for the account to move out. Although the current account management system has made adjustments, that is, if the seller's account has not been moved out, the buyer can move in the account. However, considering that the relocation may result in compensation, it is still advisable for the seller to relocate his account as soon as possible. Under normal circumstances, the original account relocation procedure can be completed within 20 days after the transfer procedure is stipulated in the contract.
As for how long the deadline for breach of contract is exceeded, the contract can be unilaterally and automatically terminated. Currently, it is usually 10 days or 15 days. For buyers and sellers, this figure must be given full attention, because after the unilateral lifting of the contract, it will face more severe punishment, as most of the contracts require the breaching party must pay a high amount of liquidated damages.
The amount of default is high or low
Is the higher the better the liquidated damages? Actually not necessarily.
Ding Yuchuan, head of Shanghai Deyou Real Estate Signing Department, stated that in the sale of second-hand housing contracts, the corresponding liability for breach of contract will be stipulated for overdue payments, delays in transfer procedures, and late payment.
If you start from your own perspective, the higher the liability of the other party for breach of contract is, the better it is for you. For example, if the seller can request the buyer to pay the overdue payment, the penalty is set to be one thousandth of the total amount of the payment for every overdue day, which is much higher than the central bank’s late penalty rate criterion, some even as high as five out of five thousandths. This is even higher. Is such a standard very beneficial to themselves? In actual fact, because the agreement on liability for breach of contract in the sales contract is equivalent, if the buyer requires the seller to assume a higher liability for breach of contract, then the seller can also agree in the contract that the buyer assumes a higher liability for breach of contract.
However, it must be noted that if the liability for breach of contract is set too low, it may create an embarrassing situation that cannot really play a binding role. Some lawyers told the reporter that after the sale of some of the leased properties, the sellers did not handle the relationship with the tenants. After the handover, the tenants did not want to move out, and because the default liability for late payment was affordable, the sellers Regardless of whether you leave your hand, you would rather pay the penalty. But it was eager to get the buyer of the house because he wanted a house instead of a small amount of liquidated damages. It can thus be seen that the determination of the breach of contract damage within a reasonable range will not only impose constraints on the buyer and the seller, but also will not cause excessive burden.
It can be seen from this that how to negotiate a reasonable liability for breach of contract is also a requirement for buyers and sellers to pay attention to. Experts suggest that for overdue payments, overdue transfer procedures, overdue home delivery, etc., it may be agreed to pay a penalty of one-thousandth of the total house price per day. Such as a set of second-hand housing worth a total of 1 million yuan, one day late to pay, will pay 1,000 yuan of liquidated damages, which for the seller is still quite deterrent.
For the case of unilaterally rescinding the contract, what default liability should the breaching party bear? It is generally determined as 20% of the total price. "This is the highest limit the court may support." Therefore, experts recommend that buyers and sellers in the contract stipulate that after the cancellation of the contract breach of contract, generally 20% as the maximum ceiling.
How much flexibility to determine the last paragraph
How much should the last payment be retained? Experts stated that they need to be determined according to the specific circumstances.
In the process of second-hand housing transactions, there are often some late payments to ensure that utilities such as clean water, electricity, and gas are levied, as well as property management fees. At the same time, they can also provide gifts for the renovation, furniture, and home appliances. Corresponding guarantee effect. So how much is it appropriate to keep the last payment?
Yan Chuan analysis believes that if it is a rough room, retaining the end of 10,000 yuan is enough. Because the rough room has not been renovated, the transaction process involves no decoration, there is no furniture, household appliances, etc., only some of the water, electricity, gas and property management fees may be generated, so the remaining amount of 10,000 yuan is sufficient to meet the past.
For the decoration of the house, it will be more complicated. In order to ensure that the seller's decoration part is intact, and some furniture and appliances are not damaged, they can leave more money. According to the different degrees of decoration, you can keep 3 to 50,000 yuan.
Of course, some homework needs to be done in advance. When signing a sales contract, it is necessary to describe the number of pieces of furniture and household appliances, the oldness and newness of the furniture, and the like in detail in the supplementary clause of the contract.
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