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What are the procedures and precautions for purchasing new commercial housing?
I. Procedures and Steps for Purchasing Commercial Housing \ x0d \ x0d \ There is a set of complicated and tedious procedures for purchasing commercial housing. Generally speaking, there are the following steps: \x0d\ 1. Sign a real estate order or subscription, and pay a deposit to the developer or his agent. \x0d\ The purchase order or subscription order is an appointment contract in legal nature, and both parties have the obligation to abide by it, otherwise the penalty of deposit shall apply. In case of pre-sale, the subscriber shall check the pre-sale permit and business license of the commodity house pre-seller, and the pre-seller shall clearly indicate the following items to the pre-buyer in writing: \x0d\( 1), the name, registered address, contact number and legal representative of the pre-seller. \x0d\(2) Pre-sale permit for commercial housing. \x0d\(3), project development progress and completion delivery time. \x0d\(4), plan of the project and its supporting facilities. \x0d\(5). Structure type, apartment type, decoration standard of commercial housing, and allocation method of public and public building area. \x0d\(6), the price and payment method of pre-sold commercial housing. \x0d\(7) Special account for advance payment of commercial housing. \x0d\(8), property management matters. \x0d\ (ix) Other matters stipulated by laws and regulations. \x0d\2。 Where the commodity house is now sold, the seller shall meet the following conditions: \x0d\( 1), with the business license of enterprise as a legal person and the qualification certificate of real estate development enterprise; \x0d\(2), with land use right certificate or land use approval document; \x0d\(3), holding a construction project planning permit and a construction permit; \x0d\(4), which has passed the completion acceptance; \x0d\(5), the demolition and resettlement has been implemented; \x0d\(6) Supporting infrastructures such as water supply, power supply and gas supply are available for delivery, and other supporting infrastructures and public facilities are available for delivery or the construction progress and delivery date have been determined. \x0d\(7) The property management plan has been implemented. \x0d\ II。 Sign a formal real estate pre-sale contract or commercial housing sales contract. \x0d\ Usually, local real estate management departments will provide standard contract samples through developers, and both parties can negotiate and modify them one by one. When signing a contract, buyers should pay attention to bring ID cards, household registration books and other identification materials. Generally, the contract is concluded at the developer or the law firm designated by the developer. In order not to lose money, the buyer had better bring a lawyer. Of course, further notarization or witness is more appropriate. \x0d\ III。 Go through the pre-sale and pre-purchase registration procedures. \x0d\ Both parties shall, within 30 days after signing the pre-sale contract, go through the registration formalities at the real estate transaction registration agency where the contract project is located. Without registration, the contract has no legal effect. \x0d\ IV。 Go through the mortgage registration. \x0d\ If the purchaser needs a bank loan, he shall, within 30 days from the date of signing the Real Estate Mortgage Loan Contract or the Loan Mortgage Contract for Pre-purchased Commercial Housing with the bank, handle the real estate mortgage registration with the real estate management department where the real estate is located with the mortgage contract, the house purchase and sale contract and relevant documents. \x0d\ V. Delivery of commercial housing. \x0d\ After the house meets the agreed conditions, the seller sends a notice of occupancy or delivery to the buyer, and the buyer enters the site for on-site acceptance, signs the delivery documents and obtains the house key. Delivery is the behavior of both parties, but delivery does not lead to the transfer of housing property rights. \x0d\ VI。 Make a deed to transfer ownership, and handle the title certificate. \x0d\ Within the agreed period after the delivery of the house, the seller shall cooperate with the buyer to handle the formalities of property right transfer and real estate ownership registration. After the property certificate was issued, all the formalities were over. \x0d\\x0d\ II. Matters needing attention when buying commercial housing and signing a house purchase contract \ x0d \ x0d \ First, to check the legality of developers and real estate projects \x0d\\x0d\ To buy commercial housing, you need to know the economic strength and qualifications of developers first. The state has strict capital and qualification requirements for real estate development enterprises. For example, the registered capital must be above 6,543,800+0,000. Without corresponding qualifications, real estate development cannot be carried out, and developers without strength may not fulfill their promises. If you don't know the economic strength and qualification of the developer, you can go to the departments of industry and commerce, construction and housing management to inquire about the credit file information of the developer. \x0d\ 1。 Real estate development projects should have "five certificates". The five certificates are: state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit, and commercial housing pre-sale (sales) permit. In the pre-sale stage of commercial housing, the key point is to check whether the project building can be sold. \x0d\2。 Developers should publicize the following matters in the real estate sales department: ① development qualification and business license; (2) Pre-sale (sales) license of commercial housing and the plan and elevation of approved sales; ③ Archive surveying and mapping report; ④ Schematic plan of the project and its supporting facilities; ⑤ Price list of commercial housing for sale; ⑥ Model property management contract; \x0d\ II。 For example, Paragraph 2 of Article 22 of commercial housing subscription book \ x0d \ x0d "Measures for the Administration of Commercial Housing Sales" stipulates that "if the commercial housing sales conditions are met, the real estate development enterprise will charge the buyer the fee in the nature of advance payment before concluding the commercial housing sales contract, and the fee collected will be used as the house price when concluding the commercial housing sales contract; If the parties fail to conclude a commercial housing sales contract, the real estate development enterprise shall return the fees collected to the buyer; Unless otherwise agreed by the parties, the agreement shall prevail. " According to this clause, after the buyers are satisfied with the communication with the developers, they can sign a subscription book with the developers, and then sign a formal commercial housing sales contract for the houses within the pre-sale permit. The subscription book generally only stipulates the main contents such as the location, shape, area, price and delivery date of the house, but generally does not stipulate the delivery standard, payment method and liability for breach of contract. Therefore, signing the subscription book does not mean that the purchase contract has been completely signed. Before obtaining the pre-sale permit, the real estate development enterprise shall not pre-sell, and shall not charge the buyer the deposit, advance payment and other expenses in disguised form by subscription, reservation, lottery and VIP card issuance, and shall not participate in any exhibition activities. \x0d\ III。 Sign a formal commercial housing sales contract online \ x0d \ x0d \ The buyer of the sales department of the development enterprise should ask the development enterprise to sign a formal commercial housing sales contract by using the online signing system of the Housing Authority, and put it on file online in real time. After signing the commercial housing sales contract online for the record, the buyers will receive a free text message from Zigong Real Estate Administration "The commercial housing sales contract of XX apartment on XX floor of XXX project you purchased has been put on record". In order to prevent developers from selling more than one room, property buyers can also ask developers to jointly register pre-purchased commercial housing. \x0d\ IV。 Several points for attention in signing formal commercial housing sales contracts: \x0d\ 1. When signing the commercial housing sales contract or supplementary contract, the buyer must ask the developer to sign the contract online, and after submitting the contract, he can file it in time, receive the filing prompt information or use the record number of the commercial housing sales contract printed on the filing contract for online verification. I can't believe the manual contract provided by the developer, and I can't put it on record for the time being. \x0d\2。 According to Article 1 of the document forwarded by Zigong Real Estate Management Bureau to the Ministry of Construction, "Since June 1 2004, the unit price and total price of commercial housing sales in the whole city shall be calculated according to the interior construction area (actual construction area)", the unit price agreed by the buyer and the seller in the commercial housing sales contract must be the interior unit price. \x0d\3。 When signing a commercial housing sales contract or supplementary contract, buyers should pay attention to whether there are any agreed terms in the contract about the ownership of buildings such as clubs, kindergartens and activity rooms in the community, and the agreed terms should stipulate the ownership and use nature of the house. \x0d\4。 In order to determine the acquisition time of the real estate license, Article 19 of the Commercial Housing Sales Contract clearly stipulates the time limit for handling the real estate license and the liability for breach of contract. Property buyers should pay attention to the agreed time when signing the contract, and developers should not be allowed to delay the time of handling the real estate license indefinitely. \x0d\5。 When the property buyers sign the Commodity House Sales Contract or supplementary contract, do they have any special agreement on the prophase property services and special maintenance funds in the Commodity House Sales Contract?
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