When people buy and sell second-hand houses, they tend to focus on the property rights, price, location, floor plan, floor and orientation of the house. But often ignore a problem that may cause serious consequences: account.

In the judicial practice, the disputes over housing sales caused by household registration have been increasing year by year.

When a house transaction is disputed due to a household registration, it is very complicated to handle. Since the immigration and emigration of household registration are all managed by the public security organs and do not fall within the scope of the court's case, the court is inadmissible for such cases. The public security organs are also subject to the household registration policy when dealing with household registration disputes. For example, the house sold to the buyer is the seller's only house. If there is no other house for the seller to move into the account, the public security organ cannot force the seller's account to be forced out regardless of the buyer's reason. Accordingly, the buyer’s account cannot be moved in.

How should a home buyer deal with a hukou problem in the actual sale of second-hand housing?

First, pre-investigation and verification. Before signing a second-hand house sales contract and applying for transfer registration with the real estate transaction registration management department, the buyer should preferably go to the police station where the house is located for verification. Some sellers promised no account, but they should still go to the police station to verify. In addition to verifying the authenticity of the seller’s promise, it can also prevent other people’s accounts from being moved, such as the previous account when the seller bought the house. If the entrusted intermediary is on behalf of the verification, the intermediary agency shall be required to issue a written verification report and affix its official seal to prevent the negligence or deception of the minority practitioners.

Second, the account migration clause and the breach clause are set in the sales contract. The above households have accounts in the houses they sell, what issues should be paid attention to when agreeing on the account migration clause?

First of all, the seller should be required to move out of the account within a certain period of time before applying for transfer registration, and not after the application for transfer registration.

Second, specific liability for breach of contract or part of the house price should be agreed upon. For example, every one day's fine is fined; after the time is overdue, the contract and the compensation for the contract cancellation can be cancelled. The buyer shall pay the part of the house price after the seller has completely relocated the account in the house. If the seller fails to transfer all the accounts according to the contract, the seller shall pay the liquidated damages according to the contract. The buyer may directly deduct the amount from the house price. In case of liquidated damages, the shortfall can still be recovered from the seller.

Again, if the seller proposes to move the account within a certain period of time after the transaction is completed, the purchaser must carefully decide whether or not to accept such trading conditions. The liability for the seller’s refusal to relocate the account is stipulated directly in the supplemental agreement of the sales contract. If the overdue day is calculated according to the total price of the house, it shall be calculated until the seller’s account is fully relocated. In response to the issue of household registration, through this method of aggravating economic responsibility, the seller is effectively urged to promptly perform the account terms in the contract and avoid unnecessary disputes.