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The procedures and procedures required for private real estate transactions are as follows:
1.The buyer investigates the authenticity of the information related to the title. It is important to check whether the seller is the owner on the title deed, and whether there is a mortgage or co-owner of the property. It is a matter of whether the buyer has a flawless title to the property.
When signing a contract, attention should be paid to the agreement on the basis of mutual negotiation on issues such as room price, payment method, delivery time, liability for breach of contract, etc., so as to ensure a better resolution of disputes in the future.
3.Property value assessment. Find an appraisal company or other professional organization to conduct an output value assessment.
4. If the transferred house is purchased through a loan, the relevant mortgage business must also be handled.
5.After the removal is completed, it is necessary to pay attention to the cancellation of other warrants of the property.
6.The contract shall be handed over to the relevant service window of the property rights trading center of the housing management department and the relevant acceptance form shall be obtained.
7.Tax deed. The premise is that you need to take the acceptance form to the agricultural tax center to pay the relevant taxes.
8.The housing management department handles the real estate certificate. The voucher is the tax payment deed completed in the previous step.
9.Go to the land management department to apply for the land certificate. The voucher is the tax payment deed from the previous step.
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There are four steps in the procedure of buying a house: looking at the house, verifying the property rights, determining the integrity, authenticity, reliability of the property rights, and whether there are any disputes. Sign the contract, confirm the legal identity of both parties, whether the industrial and commercial registration certificate has been handled, the "sales contract" is signed, the "residential quality assurance certificate", "residential instruction manual" and "completion acceptance record form" of the house are checked, and the real estate certificate must be completed by the property rights department.
Handover, acceptance and handover of the house. Special attention: When signing a contract to buy a house, you should bring a deposit receipt, your own certificate, private seal, household registration book, and income certificate.
The process is to sign the "House Purchase Contract" within the agreed period of the deposit contract, and the two parties negotiate the contract, and both parties sign and seal the buyer to pay the down payment and keep it. Sample contract for the sale and purchase of housing Extended information: Regarding the payment of taxes and fees, they must be borne separately in accordance with the regulations, and when taking the real estate certificate, they must be present in person, if they cannot be present because they are not present, they should go through the notarization procedures in advance to obtain the certificate and take out a loan to buy a house
Provident fund loans and commercial loans can obtain real estate information through real estate developer event promotion, outdoor advertising, newspaper advertising, online advertising, friend introduction, etc. Once the purchase is confirmed, the parties involved in the sale and purchase of the house must apply for a real estate title certificate to ensure that the buyer uses the property rights reasonably. Buying a house - encyclopedia.
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1. The buyer and the seller (if the seller is married, both husband and wife must be there) should apply for the transfer of property rights to the real estate transaction management department with the sales agreement, the "ID card" of both parties (both the seller and the husband and wife are required, and the household registration book) and the original "house ownership certificate"; and declare the transaction**;
2. The real estate transaction management department requires the real estate of the transaction to be evaluated according to the needs (in fact, it is necessary, because the real estate transaction management department is generally in the same group as the real estate appraisal agency);
3. The buyer shall pay the deed tax to the financial department, and the seller shall declare and pay the business tax and individual income tax to the local taxation bureau (there are preferential policies according to the situation), and any buyer and seller (one party can also be agreed in the contract or agreement) shall pay the transaction fee and production cost to the real estate transaction management department;
4. Wait for the "House Ownership Certificate".
5. The buyer shall go to the land and resources management department to go through the procedures for changing the land use right with the new "House Ownership Certificate" and the original "Land Use Right Certificate", and receive the new "Land Use Right Certificate".
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The procedures for second-hand housing are:
1. The buyer and the seller establish information communication channels, the buyer understands the overall status quo and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents;
2. If the house provided by the seller is legal and can be listed and traded, the buyer can pay the deposit for the purchase of the house, and the buyer and the seller sign the house sale contract;
3. The buyer and the seller jointly apply to the real estate transaction management department for review;
4. a deed; 5. Pay taxes and fees;
6. Handle the procedures for the transfer of property rights;
7. For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller shall jointly go to the loan bank to go through the loan procedures;
8. The buyer receives the house ownership certificate, pays off all the house payments, and the seller delivers the house and settles all the property fees.
Law of the People's Republic of China on the Management of Urban Real Estate
Article 60. To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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When buying a private house, the first thing to pay attention to is:
1. Whether the procedures of the house are complete, especially whether there is a real estate certificate, because the real estate certificate is actually the only certificate that proves the ownership of the house by the owner.
2. Pay attention to whether the property rights of the house are clear, because some houses may have several co-owners.
3. Pay attention to whether the house is in a state of rent, and also see whether the land situation of the house is clear, mainly to see whether the land of the house is allocated or transferred, because the allocated land is usually used free of charge.
If you want to apply for a mortgage for a private house, then you need to prepare the corresponding materials first, and then you have to go to the bank to apply for a mortgage, after filling out the application form, you can submit the materials to the staff for review, after the review is passed, both parties need to sign a formal loan contract, usually in 1 month to get their own loan. When applying for a mortgage, you must prepare your personal ID card, marriage certificate, income certificate or salary slip with the official seal of your household registration unit, etc. If you don't know much about this aspect, you can ask the real estate agency to help you handle it.
Private house rental is also subject to taxes, which involves a lot of taxes and fees, such as the need to pay VAT, in addition to the need to pay personal income tax and real estate tax, the specific taxes and fees are also determined according to the specific situation of the rental house, for example, some cities will require the payment of property tax, but some cities do not have this bureau Suisui tax.
If you are buying a private house, both parties must sign a contract, and if necessary, you can do a notarization, and then you have to go through the transfer procedures.
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Before buying and selling a personal house, it is necessary to understand these 1. Is the house ownership certificate provided by the seller real and false? 2. What is the size of the property? 3. What is the purpose of the property?
Is it for work, for residence, or whatever? 4. Has the property been ruled or decided to be seized or otherwise restricted by the judicial and administrative authorities in accordance with the law? 5. Has the property been mortgaged?
According to the provisions of the Security Law of the People's Republic of China, if the mortgagor transfers the registered mortgage during the mortgage period, it shall notify the mortgagee and inform the transferee that the transferred property has been mortgaged; If the mortgagor fails to notify the mortgagee or the transferee, the transfer shall be invalid. Here, if the property has been mortgaged, then the mortgagee is the seller, and the mortgagee is the third party that the seller mortgages the property, i.e., a person, a company or a bank; The assignee is the buyer.
This provision means that the seller has mortgaged the property to a third party, and when the property is transferred, the third party is not notified or the buyer is not informed that the mortgage has been set up for the house, then the transfer is invalid. The property can only be bought and sold if the mortgage registration is cancelled or the mortgagee agrees.
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If you buy a house through private purchase, you must pay attention to it, in case it is not handled well, it may bring a series of troubles, and there may be disputes over the property rights of the house in the later stage. Therefore, when buying a private house, you must pay attention to some aspects to ensure the legitimacy of your rights.
1. What should I pay attention to when buying a private house.
1. To buy a private house, you must first check whether the real estate certificate exists, see if the name on the landlord and the real estate certificate is the same, let him take it out, and look at his ID card.
2. When buying a private house, you also need to pay attention to whether there are other property owners in this house, maybe this house is not the landlord's alone, and there are other co-property owners, and you must get the consent of another person to be able to **, otherwise another person does not want to sell it later, and the disputes between you will be endless.
3. When buying a private house, you also need to pay attention to whether the house has been rented out by the landlord, if it is in a rented state, even if it is bought later, for the tenant, he can live in it, so you can't own the house.
4. When buying a private house, you also need to pay attention to whether there is a problem with the quality of the house, and at the same time, you must also understand whether there is a possibility of demolition, otherwise it will affect your house.
5. When purchasing, you must sign a relevant contract with the landlord, and the relevant rights and obligations must be clear on the contract, and it must be written very clearly in black and white.
2. How to get a loan to buy a private house.
1. If there is no problem with the house you choose, and you can also apply for a real estate certificate in the later stage, you can also apply for a loan. First of all, you need to fill in the application materials, which must go through the preliminary review of the bank and meet the conditions.
2. Next, you need to evaluate the house, determine the time and amount of the loan, there is no problem, the bank will sign a loan contract with you, and you need to repay the loan on time every month.
The above content analysis is that if you choose to buy a private house, you must pay attention to the integrity of the property rights, and the preliminary investigation should be comprehensive to avoid problems, otherwise you will regret it later.
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