Contract flow to buy a house
Explanation of purchase
| 1. Think about money planning |
| We will advise customer's asset plan such as self finance (down payment), property price, extra expenses etc., calculation of mortgage, monthly payment etc. |
| 2. Find property |
| The desired conditions such as price / region / layout are various. Based on our information, we will inform you of the information that suits our customers. |
| 3. Field preview / Consultation |
| Please visit the property you are actually considering and talk about the points you care about. As a separate refurbishment fee etc may be required, field preview are absolutely necessary. Please check with your eyes! (Soto will do with the seller in preparation for field visit.) |
| 4. Purchase application ~ sales contract |
| If the property is decided, we will make a purchase application to the seller. If condition negotiation gathers up, we will proceed to sales agreement at a later date. In general, a deposit is required at the time of sales contract. |
| 5. Loan application to financial institution |
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We will choose the mortgage necessary for purchasing and borrowing procedure. Loan contract (money consumption loan contract) will be concluded with loan approval from financial institution. |
■Points and precautions you should know about home purchasing, information gathering methods, application methods, etc.
What kind of property you should choose?
Property Selection part 1: Condominium or detached house?
In the survey of the consciousness of the house, although there are many detached-oriented intention (Municipal Ministry of Land, Infrastructure and Transport "Survey of people's consciousness concerning the land problem"), it would be a good choice if it is possible to acquire a detached house within the set purchase price.
Recently, even in Kyoto ・ Osaka city, single-family houses less than 100 square meters of 3 floors are supplied, and it is comparable to condominium of the same size from the viewpoint of price as well.
In addition, in the case of term leasehold (in the form of renting land for a certain period of time), after the end of the contract period (in the usual case, 50 years), to reclaim the land to the landlord by demolishing the house It will be, but if you can be satisfied it can be said to be one of the options.
The condominium is said to have disadvantages not to be familiar with soil, but it is possible if you can ask for a condominium with private garden on the first floor.
Also, although it is said that condominium buildings can not be rebuilt and reconstructed, even detached houses are usually used at full capacity and building rate, so they can not be increased or remodeled freely.
It is difficult to find a satisfactory property for everything, so it is important to consider the important things for yourself and your family and choose the property that fits your lifestyle while balancing price.
Property Selection part 2: Newly built or secondhand house?
If conditions such as price and location are the same, it is decided that new housing is better than second-hand housing.
However, if similar facilities are equipped under similar location conditions, the price of newly built houses will be higher.
The judgment criteria for acquiring second-hand houses comprehensively judge various conditions such as the location, environment, floor plan etc. of the property, within the range of limited fund plan, and judge the conditions to be asked more than the new housing It is about whether it is as close as possible.
For example, if it is most important to realize "close proximity to work", it will be to select condominiums in Kyoto and Osaka City, and if "wide floor space for children" is hopeful, It is also good to choose second-hand condominiums or detached houses in the suburbs.
There are also disadvantages that secondhand houses are less likely to receive preferential treatment on loans and taxation than newly built houses.
However, there are cases where you need to decide to buy a newly built house before completion, but in the case of second-hand houses there is an advantage that you can check the property.
Collection of property information
1. How to collect property information
It is said that opportunities to meet with good properties are directly proportional to the amount of property information. There are the following methods to obtain property information.
(1)Put information antenna
In order to gather information on properties that seems to boom popularity at the time of sale, it is effective to have more than one member in "Friendship Association" etc. of a real estate company that conducts a new sale. Also, carefully watching other media such as newspaper advertisements, new construction and second-hand information requires aggressive information gathering such as subscribing specialized housing information magazine and obtaining the latest information.
(2)Use the Internet
In order to get information quickly from a wide range of areas along the railway lines, floor plans, prices, etc., it is best to collect information on the Internet.
(3)Flyer advertisement, newspaper folding advertisement, etc.
Flyers that are folded into newspapers are useful for the property information near the house.
Care must be taken in how to read these information.
Real estate advertising has various regulation laws, in particular the "fair competition agreement" set by the Real Estate Fair Trade Council consists of necessary indications of advertisement indication, display obligation and indication of specific matters, display standards, use of specific terms Standards, prohibition of misrepresentation display, etc. are stipulated.
The real estate company that is a member of a major real estate association has an obligation to comply with this agreement.
However, some malicious real estate companies sometimes mislead you by displaying unreasonable property for leaflets. Attention is necessary because it is forbidden to display such as "digging" or "cheap".
(4)Visit real estate company
The real estate company that issues property information may be "seller" company, "sales agent" company, or "brokerage" company.
In the case of the brokerage, we will support you from searching for properties to negotiation, contracts based on the request of buyer, so that people who are busy and immovable and the real estate companies selling the property and their properties are away from home If you do, you can say that there is a big advantage for the person who wants to trade real estate companies near the property location.
Know the relationship with the real estate company
What is a mediation contract
A contract that requests real estate companies to mediate real estate buying and selling and exchange is called a mediation contract.
When the real estate company concludes this mediation agreement, prepare a document stating the necessary indication for identifying the property, the value / value to be traded, the type and length of the mediation contract, the matters concerning the cancellation, the amount of the fee incurred etc. Then, it is obliged to give the name, seal and deliver it to the client.
From application to sales contract
1. Purchase application
When you are viewing distribution advertisements such as residential land, detached houses, condominiums, etc., you may be displayed as "Please prepare the application deposit ○ ○ yen and seal."
By filling in the application form and depositing the application deposit, you will make an intention to buy this house ".
In the case of lottery, registration is required before applying. Also, at the time of application, you may need documents (such as withholding tax levies and tax payment certificates) that can be proved in the previous year (depending on the case, the year before year) income.
■Meaning of application deposit
It is money that the buyer pays to the seller at the time of applying for property purchase, and generally it is to be procured to prove that the purchaser's application is serious, or to secure the order of application.
This is also referred to as application fee, deposit money, inside deposit in hand.
2. Explanation of important items
Since complex laws and the like are intertwined with real estate transactions, in the case of a real estate agent becoming a seller or intermediary, the Home Construction Business Law requires the buyer to take into consideration certain important matters prior to the sales contract, It is obligatory as explained in writing. This is called explanation of important matters.
Explanation of important items is real estate expert "registered real-estate broker" to prospective purchaser to present "Trade Chief Certificate" to prove that you are a qualified person and content of the transaction we have an obligation to explain the conditions etc.
Although important matters can be divided into items concerning the items to be purchased and matters concerning transaction terms, it is not sufficient to explain certain matters of these statutes, and by not explaining even these items to buyers If there are facts that will cause unexpected damage, we must explain it (Article 47 of the Construction Industry Act).
If you have any questions, be sure to receive explanations until you fully understand it at the point of receiving important explanation.
3. Trading contract
If you understand important matters from the registered real-estate broker and you are satisfied with the rights, relationships and restrictions on the laws and ordinances concerning the property you intend to trade, you will enter the sales contract process. Although the contract is effective verbally, when the real estate agent himself / herself concludes a sales contract as a party from the standpoint of transaction safety and buyer protection in the Home Construction Industry Law, a document (purchase and sale agreement) stating certain matters to the buyer, We are obliged to issue.
In the case of mediation, it is handled in the same way. There are various patterns depending on the property to be purchased and the conditions of transactions, but the basic matters are as follows.
(1)Required items to be stated
・Name, address of parties (seller, buyer)
・Display necessary for identifying the property
・Display of location and residence, land number / house number on registration, land area, building area etc.
・Amount of payment, payment method, payment timing
・Regarding the delivery time of the property, in the case of a newly-ordered property, we will display the scheduled delivery date to the buyer at that time with a slight margin along with the scheduled completion date
・The timing to apply for transfer of ownership shall be the time when the buyer pays off the payment of the purchase price to the seller.
(2)Matters to be stated if there is a provision
・Sending and receiving money other than price
・Cancellation of contract
・Schedule / penalty charge for damages
・Treatment when housing loan fails
・Risk taking
・Warranty for defects
・Tax and other burden of public duties
Payment of transaction fee and registration procedure
1. Flow of payment of trading price
You settle the purchase intention of a property and pay trading price with various names from the application until receiving the delivery of the property.
The flow of general payment will be as follows.
(1)Application deposit
In general it is likely to leave about 50,000 yen to 100,000 yen to real estate agent as evidence for the intention to buy the property or to secure the order of application.
(2)Advance deposit : At the conclusion of the contract for sale
The deposit means money or other valuable material delivered to the counterparty from one of the parties to the contract when concluding a sales contract. The deposit will be used as part of the purchase price when the contract is executed as contracted.
(3)Internal payment (intermediate fee): Start of fulfillment of buyer
Internal payment is a part of the purchase and sale price payment, has a meaning of prepayment. It is something other than the last residual payment when paying the total amount of trading value at one time without payment at least twice, also called inner deposit. When the buyer pays the seller a part of the transaction price, the buyer has initiated the performance of the contract and the seller has to double the deposit to cancel the contract.
(4)
Remaining price: At the time of delivery or loan execution of this property
If the buyer pays the balance of the trading price and various expenses, we will register the property.
The balance will be the amount subtracted already paid the application deposit, advance deposit, internal payment from trading price. If the balance is larger than the loan amount, you must prepare such amount for cash etc.
In addition, if there is a period from the delivery of the building to the execution of the mortgage loan, it is necessary to temporarily receive the bridge loan from the bank etc.
2. How to proceed with the registration procedure
In the case of a new condominium or a new detached house, real estate company will arrange registration procedures, but if you purchase second-hand property or sell your real estate through intermediary etc., you'd be better to have some knowledge about procedures for transfer of ownership registration.
Why is registration necessary? It is because it is a competing requirement that you can assert that registration is yourself to a third party.
Suppose, for example, you purchase a certain land. But what if the seller were selling the same land to Mr. A? Of course you will be fighting over the relocation of ownership of the land with Mr. A. However, in order to allow A's who is a third party to change the property right, if you do not have the registration of you name, you will lose to Mr. A who is registering earlier.
