How to handle the transfer of ownership of a second hand garage?

With the improvement of living standards, most people have a car at home, so when buying a house, you definitely need to buy a garage so that the car has a place to park. So, let's share with you how to transfer the ownership of a second-hand garage and what to pay attention to when buying a garage?

Second, how to transfer the second-hand house garage.

The second-hand house garage is the same as the real estate transfer, and the basic process is as follows:

1. Sign the sales contract: negotiate and sign the contract on the real estate, delivery and payment methods.

4. Tax payment and transfer: After the buyer and seller pay the tax fee, they will handle the transfer and receive the garage property right certificate.

Second, what to pay attention to when buying a garage.

1. Clarify the property rights of parking spaces.

Buyers need to see whether the parking space belongs to the developer and whether the developer has ownership. If you buy a parking space or garage, you can't apply for a property right certificate, which means that this parking space or garage can't be **. If the parking space is a public facility and the ownership does not belong to the developer, the parking space cannot be traded.

2. Pre-sale parking spaces must obtain a pre-sale permit.

It is the same as the developer who buys a house to obtain a pre-sale permit, and the pre-sale parking space must obtain a pre-sale permit. Buyers must carefully look at the pre-sale permit, if the underground parking space and the above-ground commercial housing are applied for pre-sale together, should note the parking space to approve the pre-sale area. If the parking space is pre-sold separately, it should be clearly indicated on the pre-sale permit.

3. Write the detailed rules for the purchase of parking spaces into the contract.

When the buyer signs the pre-sale contract, the parking space is purchased together with the house, and the buyer and the developer write the scope of the parking space, the parking space number, the pre-sale area, etc., in the pre-sale contract, and it is best to have a floor plan, and agree on the solution to the difference to avoid disputes.

Article summary: The above is to share with you how to transfer the ownership of the second-hand housing garage, and what to pay attention to when buying a garage, I hope to help you. When you buy a garage, you should pay special attention to avoid choosing a bad parking space and bringing losses to yourself.

Legal Analysis: Parking Space Property Ownership Certificate Transfer Process.

1. About the property rights process: please bring the property right certificate (real estate certificate, land certificate or real estate ownership certificate), deed tax certificate, and ID cards of the buyer and seller of the parking space. If there is no comprehensive window in the territory, the buyer and seller will first go to the housing management department to handle the transaction transfer, then go to the local taxation department to pay taxes, and finally go to the real estate window for registration.

2. Regarding taxes and fees: individuals ** non-residential need to go to the window of the tax service department of the tax authority where the immovable property is located to handle the relevant tax payment enterprises. Individual** non-residential, involving value-added tax, individual income tax, land value-added tax, deed tax, education surcharge, stamp duty.

Value-added tax and surcharge shall be levied at 5% of the taxable ** or 2% of the taxable ** or 2% of the taxable income after deducting costs and various expenses from the income from property transfer, and the balance after deducting costs and various expenses shall be levied at 20% of the taxable value-added tax at the place of calculation** or 2% of the taxable income after deducting the cost and various expenses at the taxable rate**, and the tax shall be levied at 5/10,000 of the declared income from the property transfer. The tax calculation shall not be lower than the assessment and determination of the third-party appraisal company tendered by the tax authorities in accordance with the prescribed procedures.

Legal basis: "Provisions on the Administration of Urban Real Estate Transfer" Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract.

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**.

C) the real estate management department to provide the relevant documents for review, and within 7 days to make a written reply on whether to accept the application, within 7 days without a written reply, deemed to agree to accept.

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed.

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations.

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

If there is a property right, it can be transferred normally; If not, there must be something to prove, such as reflected in the real estate certificate and land use certificate. (It is necessary to re-measure the area of the property and fairly modify the area of the property certificate), (if there is a relevant certificate, the seller needs to provide this basis to the buyer, and indicate it on the transaction contract, as the "property right certificate" of the garage, and go to the developer to verify and directly find the developer to change the name, that is, to change the contract with the developer.) You need to go to the property company to change your name.

If not, find an intermediary to sign a tripartite agreement. If the garage is only marked in the remarks of the real estate certificate, but there is no independent property right certificate, the garage cannot be traded separately, but only with the house, and the transaction of the garage will be reflected in the property rights registration appendix in the basic situation of the house where the second-hand house sales agreement is signed and the tax is paid.

Legal basisMotor Vehicle Registration Regulations

Article 18 If the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer registration within 30 days from the date of delivery of the motor vehicle. Article 19 Where an application is made for transfer of registration, the current owner of the motor vehicle shall fill in an application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers: (1) The identity certificate of the current owner of the motor vehicle; (2) Proof and voucher for the transfer of ownership of motor vehicles; (3) Motor vehicle registration certificate; (4) Motor vehicle driving license; (5) For motor vehicles under customs supervision, the Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the transfer certificate approved by the Customs shall also be submitted; (6) If the motor vehicle exceeds the validity period of the inspection, the motor vehicle safety and technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted.

Legal analysis: The garage indicated on the title deed is a garage with property rights. If you go to your local place where the property title is registered to go through the transfer procedures, there will be some handling fees and transfer fees. You need to take the ID cards and household registration books of both parties and their copies.

Legal basis: Provisions on the registration of motor vehicles》 Article 19 Where an application is made for transfer of registration, the current owner of the motor vehicle shall fill in the application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers: (1) The identity certificate of the current owner of the motor vehicle; (2) Proof and voucher for the transfer of ownership of motor vehicles; (3) Motor vehicle registration certificate; (4) Motor vehicle driving license; (5) For motor vehicles under customs supervision, the Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the transfer certificate approved by the Customs shall also be submitted; (6) If the motor vehicle exceeds the validity period of the inspection, the motor vehicle safety and technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted.

If the owner of the motor vehicle is domiciled in the area under the jurisdiction of the vehicle management office, the vehicle management office shall, within one day from the date of acceptance of the application, confirm the motor vehicle, check the rubbing film of the vehicle identification number, review the submitted certificates and vouchers, take back the license plate and driving license, determine the new motor vehicle license plate number, endorse the transfer on the motor vehicle registration certificate, and re-issue the license plate, driving license and inspection mark. If the domicile of the owner of the motor vehicle is not within the jurisdiction of the vehicle management office, the vehicle management office shall handle it in accordance with the provisions of Article 13 of these provisions.