Can the second hand house be transferred? What are the procedures?

1. What are the procedures for second-hand housing transactions?

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".

As long as there is the "People's Republic of China Housing Ownership Certificate" (i.e., the big red book), you can transfer the ownership. Individual affordable housing that has the conditions to be listed needs to be listed after the expiration of the period.

Generally, it is almost the same to bring a real estate certificate to the transfer place, and it is very troublesome if there is no one.

Do the math how much it will cost you to renovate your home

I believe that everyone is no stranger to second-hand housing, and there are many people who buy second-hand houses in our lives, but they do not know much about the question of whether second-hand houses can be transferred. So, let's share with you whether second-hand housing can be transferred, and what situations second-hand housing cannot be transferred.

1. Can the second-hand house be transferred?

The original and photocopy of the ID card of both husband and wife, marriage certificate or household registration booklet, real estate certificate, second-hand house sales contract, deed tax invoice and other relevant certificates. 2. **Party: original and copy of ID card.

2. Under what circumstances can the second-hand house not be transferred?

1. Houses in the name of minors.

Some parents buy a house in the name of their minor children in order to have their children have their own home. If you buy a house in the name of a minor child, there is no way to go through the transfer procedures, and such a property is not protected by law, unless the parents sell the house for their children, such as: school, serious illness, etc.

2. Houses that owe taxes and fees.

In the process of second-hand housing transactions, both buyers and sellers need to pay taxes and fees, if one party owes taxes and fees, there is no way to handle the transfer of the house, therefore, buyers should pay attention to the relevant issues of taxes and fees to avoid losses to themselves.

3. Houses to be demolished.

If the house has been included in the scope of demolition, the property rights of such a house will be frozen, even if you buy such a house, there is no way to transfer the ownership, so don't think about buying a demolished house.

4. The co-owner did not agree to sell the house.

Many second-hand houses have many co-owners, and the co-owners of property rights have the right of first refusal, and if they sell the house without the consent of the co-owners, even if they sign a contract and pay the relevant fees, there is no way to transfer the house.

Article summary: The above is the relevant content of the second-hand housing that can be transferred, and the circumstances in which the second-hand housing cannot be transferred, I hope it can help you. Before buying a second-hand house, it is recommended that you learn more about the relevant knowledge, which will be of great help to yourself.

Enter the area and get the decoration for free**].

Enter the area and get the decoration for free**].

The new house can be transferred after obtaining the title deed. China implements a unified registration system for immovable property, and the establishment, alteration, transfer and extinction of housing property rights shall take effect after registration in accordance with the law. The new house as a real estate is subject to the registration of real rights, and after obtaining the real estate certificate, it can be registered and transferred in accordance with the law.

Article 22 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Where the certificate of ownership of immovable property or the certificate of immovable property registration and excavation judgment is defaced or damaged, the parties concerned may apply to the immovable property registration authority for renewal. If the conditions for renewal are met, the immovable property registration authority shall reissue it and withdraw the original immovable property ownership certificate or immovable property registration certificate. If the immovable property ownership certificate or the immovable property registration certificate is lost or destroyed, and the immovable property right holder applies for reissuance, the real estate registration agency shall issue it 15 working days after publishing the statement of loss or loss of the real estate right holder on its portal**.

Where a real estate registration authority reissues a certificate of ownership of immovable property or a certificate of registration of immovable property, it shall record the matters of the reissuance of the certificate of ownership of immovable property or the certificate of registration of immovable property in the register of immovable property, and indicate the words "reissued" on the certificate of ownership of immovable property or certificate of registration of immovable property.

1. The seller cannot provide the real estate certificate.

Only the real estate certificate can prove the ownership of the house, and the second-hand house without the real estate certificate cannot be transferred, even if the buyer and seller sign a contract, but the housing authority can not go through the procedures. If the buyer buys a house without a title deed, he or she is taking a lot of risk and his rights are not guaranteed.

2. The seller has not consented to the other property owners.

If there are multiple co-owners of the house, then the homeowner must obtain the consent of all co-owners when selling the house. If one of the co-owners does not agree, the sale is null and void. Even if the transfer is completed, the buyer can only move out if the owner pursues the property after that.

Therefore, when the buyer transfers, he must require all the co-owners of the seller to be present to sign, and if someone cannot come, he can ask the other party to provide a notarized power of attorney to reduce the risk of breaking the contract as much as possible.

3. The property was destroyed and seized by the relevant ministry.

There is a high chance that a buyer will not be able to trade for a seized home, or that the down payment for the home will go down the drain. The reasons for the seizure of the house are complex, both malicious and unintentional. Buyers are often overwhelmed, and if the property is preserved in litigation, the seizure period will be very long, and the house cannot be transferred during the period of seizure.

Fourth, the property has not been released from the mortgage.

According to the provisions of the Property Law, during the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, the mortgagee shall pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except for the transferee to pay off the debts on behalf of the mortgagee and extinguish the mortgage.

Accordingly, in the case of immovable property, the mortgage must be revoked before the transfer can be processed. Therefore, when buying this type of house, the buyer needs to ask the seller to go to the bank to release the mortgage first. If Yushen House has made other guarantee arrears, the seller must pay off the guarantee money before the mortgage can be released.

5. The property right is frozen due to illegal construction.

If the property is illegally built, the buyer may also face the situation of not being able to transfer the ownership. So what is considered an illegal house? According to the Administrative Measures for the Registration of Urban Housing Ownership, one of the following circumstances is not allowed:

1) It is an illegal building;

2) It is a temporary structure;

3) Other circumstances stipulated by laws and regulations.

Here is a reminder to buyers that before the illegal construction is demolished, sold and restored, the house cannot be bought and sold, the ownership cannot be transferred, and the payment cannot be mortgaged through any legal means.

It can be seen that the house does not belong to you for a day, and it is easy to suffer losses if the homeowner carries out a second **. Therefore, it is necessary to understand in advance whether the house can be traded normally, and if necessary, you can choose relevant legal personnel to assist in the transaction, so that you can reduce the risk in the transaction process.