How to write an agreement to buy a second-hand house
In the current real estate market, second-hand housing transactions have become the first choice for many home buyers due to their relatively affordable prices and superior geographical locations. However, the legal issues involved in second-hand housing transactions are complex, and the drafting of the agreement is particularly crucial. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of how to write a standardized second-hand house purchase and sale agreement.
1. Basic structure of second-hand housing agreement
A complete second-hand house purchase and sale agreement usually contains the following parts:
| Agreement part | Main content |
|---|---|
| 1. Buyer and Seller Information | Including the names, ID numbers, contact information, etc. of the buyer and seller |
| 2. Basic situation of the house | House address, area, property ownership certificate number, age of use, etc. |
| 3. Transaction price and payment method | Total price, down payment, loan amount, payment time, etc. |
| 4. House delivery | Delivery time, delivery standards, key handover, etc. |
| 5. Liability for breach of contract | Situations of breach of contract, calculation method of liquidated damages, etc. |
| 6. Other terms | Tax liability, dispute resolution methods, etc. |
2. Things to note when writing an agreement
1.Clarify the property ownership status of the house: Among the hot topics recently, disputes caused by unclear property rights have occurred in many places. The agreement must specify whether the house is mortgaged, seized, etc., and require the seller to provide complete property ownership documents.
2.Agree on payment method in detail: According to the latest market dynamics, it is recommended to adopt the installment payment method and clarify the time and conditions of each installment to reduce transaction risks.
3.Clarify tax liability: Tax policies have been adjusted frequently recently, and the agreement should specify which party will bear various taxes (such as deed tax, personal income tax, etc.).
4.Household migration terms: This is a hot issue in recent second-hand housing transactions. The agreement should stipulate the specific time for the seller to move out of his account and the liability for breach of contract.
3. Reflection of recent hot issues in the agreement
| hot issues | Agreement response measures |
|---|---|
| 1. Changes in school district housing policy | Clarify whether school district qualifications are available, and agree on how to deal with inability to enroll due to policy changes |
| 2. Mortgage interest rates lowered | Agree on solutions if loan approval is not approved or the interest rate is higher than expected |
| 3. House quality disputes | Detailed agreement on home inspection standards and quality assurance terms |
| 4. Disputes over intermediary fees | Clarify intermediary service content and charging standards |
4. Agreement template reference
The following is a simplified agreement framework, and the specific content needs to be adjusted according to the actual situation:
Party A (Seller): ________ ID number: ________ Contact information: ________
Party B (Buyer): ________ ID number: ________ Contact information: ________
After mutual agreement between Party A and Party B, the following agreement has been reached regarding the sale of Party A’s house located in ________ to Party B:
1. Basic information about the house: property ownership certificate number ________, building area ________ square meters, house purpose ________.
2. Transaction price: Total price is RMB________ yuan (in capital letters: _________).
3. Payment method: The down payment of ________ yuan shall be paid by ________ days, and the balance shall be paid by bank loan by ________ days.
4. House delivery: Party A shall vacate the house and deliver it to Party B before _________.
5. Liability for breach of contract: If any party breaches the contract, it must pay _________% of the total house price to the non-defaulting party as liquidated damages.
5. Professional advice
1. It is recommended to hire a professional lawyer to review the agreement, especially when large-value transactions are involved.
2. There have been cases of "fake landlord" fraud in many places recently. Be sure to verify the seller's identity and property ownership.
3. Pay attention to the latest local real estate policies and ensure that the content of the agreement complies with legal regulations.
4. After the agreement is signed, online signing and filing procedures should be completed in a timely manner to protect rights and interests.
Through the above structured analysis and integration of hot issues, I believe you will have a clearer understanding of how to write a second-hand house purchase and sale agreement. In specific operations, you must be cautious and meticulous to ensure that your own rights and interests are not harmed.
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