Legal advice for property buying, selling and renting

BusinessLegal

  • Author Rajesh Kumar
  • Published October 29, 2011
  • Word count 631

PURCHASE

You are acquiring

Pre-contract and contract ... what are the differences?

A preliminary contract is a sales agreement when both parties agree, or a unilateral promise to buy, if only you sign up. A deposit equal to 10% of the sales price, you will be prompted. For your part, require a suspension clause of the contract to protect yourself in case of obtaining the loan. This will cancel the sale and thus to recover your deposit. Finally, at this stage, do not hesitate to take advantage of the withdrawal of seven days runs from the receipt of the letter notifying the preliminary contract.

The final purchase - in the form of the sale contract - has to be signed before a notary and must contain the same clauses as the preliminary contract. The notary keeps the original bill of sale (minute) but you provide a copy and the keys of the property. So in this signature that the price of the property (or the balance if the pre-contract) is paid and the notary.

SALE

You loved seller

What are the main obligations of the seller?

Upon signing the sales contract, you must provide a record of diagnostic techniques. It includes a finding of asbestos (if applicable), a statement of risk to lead poisoning (If applicable), parasitic state presence termites and three months of diagnosis on the energy performance and gas installations.

Once the sale is concluded, if you do not meet your obligation to deliver the goods on time, the buyer can sue for enforcement of the contract or its cancellation. In this case, you must return the price and the buyer return the asset. In this case, expect that the damages you are being requested.

"There are many real estate consultants (individuals and agencies) who can help you in selling, buying or renting your property with all legal formalities in exchange of some investment commission or consultancy fee"

BORROWING

You have a loan

Is it possible after signing to review the terms of his loan?

The law allows you to prepay a portion or your entire mortgage. But beware; your contract can prohibit payments at or below 10% of the original, except that this rate does not correspond to your credit balance. Another factor to consider: it is possible that your contract provides for compensation from your bank for interest not yet due. Except in the case of a prepayment motivated by sales in specific circumstances, such as a change of location of professional activity, a cessation of professional activity or the death of a spouse.

Moreover, nothing prevents you want to renegotiate the interest rate on your loan. In case of refusal of your bank and if you go to the competition of prepayment penalties will be requested but may not exceed 3% of the outstanding capital.

How to benefit from a system of tax exemption?

In principle, it is enough to invest in real estate either under your primary residence, your second home or for the purpose of renting out the property. Then, each device corresponds to a specific obligation but also an accurate tax exemption. Example, for a family offering a property to rent with an investment in rental areas which are poor, the tax saving can be gained.

What are the main obligations of a landlord in a rented out?

Your property to be leased, must meet standards set by the standard of characteristics of housing. If this is not the case, the tenant can apply for compliance. You must also comply with the provisions contained in the act to improve reporting rental.

There have been two major things to remember while renting the property for the indexation of rents on the only index of consumer prices and reduced security deposit of two months to a month.

About Author

Author recommends to choose residential flats in noida for best deals, also recommends to invest in commercial property in Noida for best return on investment.

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