Traditional Culture Encyclopedia - Hotel reservation - What legal issues should you pay attention to when purchasing a property-right hotel?
What legal issues should you pay attention to when purchasing a property-right hotel?
When signing a house purchase contract, both parties should understand each other's true situation. The developer should understand the investor's credit status, and the investor should understand the developer's subject qualifications, review the house pre-sale license, and planning permission. Certificate and other documents to confirm that the house purchased is a property-right hotel that can be divided and sold, and has obtained separate property rights (some hotels only have an independent "big property certificate" and are not allowed to be divided and sold). After deciding to purchase, sign the purchase contract carefully, paying special attention to terms such as delivery time, warrant processing, and liability for breach of contract.
In the purchase and sale of houses, legal relationships for the transfer of off-plan properties sometimes arise. After some investors sign a house purchase contract with the developer, they sell the purchased house for various reasons before the small property certificate is issued. This is an off-plan transfer. Article 45 of the "Urban Real Estate Management Law" stipulates that pre-sale houses can be re-transferred, but property-right hotels are not residential and are currently not subject to the restriction on the transfer of off-plan properties. If it is transferred at the original price, you can negotiate with the developer to handle the termination procedures of the commercial housing pre-sale contract, go to the real estate trading center to cancel the pre-sale contract registration, go through the loan contract termination procedures with the lending bank, cancel the mortgage registration, and the new transferee after the procedures are completed You can sign a commercial housing pre-sale contract directly with the developer and handle the pre-sale contract filing. However, terminating the pre-sale contract usually requires certain liability for breach of contract. It also involves whether you can go through the "remortgage" procedures, pay relevant taxes and fees, and contract registration and filing. Procedures etc.
In addition, in the process of purchasing a house, there will also be legal relationships such as the mortgage loan contract relationship when taking a mortgage loan and the house sales contract relationship when transferring a second-hand house.
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