Can I entrust someone else to handle the transfer of real estate?

When selling a house, the seller can entrust another person to handle the transfer procedures for the house on his behalf, and the seller needs to issue a power of attorney to the entrusted person.

Measures for the Administration of Registration of Urban Housing Ownership".

Article 12 The right holder (applicant) may entrust the first person to apply for the registration of housing ownership.

When applying for registration, in addition to submitting the valid certificate of the person to the registration authority, the written power of attorney of the right holder (applicant) shall also be submitted to the registration authority.

The procedures for the transfer of ownership are as follows:

1. Within 30 days after the signing of the housing sales contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

2. The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days;

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

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

5. The real estate management department shall issue the transfer certificate.

After completing the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the provisions of the Real Estate Management Law of the People's Republic of China by virtue of the transfer procedures.

Can the transfer be entrusted to a ** person?

You can entrust others to handle the procedures for the transfer of housing sales on your behalf, and you bring your ID card, household registration booklet, and real estate certificate to the notary office where you are located to handle the notarization of the "Power of Attorney" for the transfer of housing sales and transfers. The entrusted person can handle the transfer of the house with the "Power of Attorney" and the ID card of the ** person.

Yes, but a notarization is generally required.

Legal analysis: real estate transfer can be entrusted to others, if the parties of the buyer and seller can not be present to handle the real estate transfer procedures, the law stipulates that others can be entrusted to handle the imitation must provide a power of attorney notarized by the notary public, the buyer can handwrite a power of attorney, indicating the authority and time of the entrustment, can not go through the notarization procedures.

Legal basis: Civil Code of the People's Republic of China

Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Article 922:The client shall handle the entrusted affairs in accordance with the client's instructions. Where it is necessary to change the client's instructions, the client's consent shall be obtained; If it is difficult to get in touch with the client due to the urgency of the situation, the trustee shall handle the entrusted affairs properly, but shall report the situation to the client in a timely manner afterwards.

The transfer of ownership of the house can be entrusted to others to handle the situation as follows:

1. Personal inheritance of real estate:

You should go to the notary office to apply for the "Notarial Certificate of Inheritance". When the heir handles the transfer of real estate, in addition to providing the corresponding materials, the notarial certificate of inheritance cannot be missing;

2. It is a property that is divided as an inheritance

First of all, the will must be notarized, and after the will takes effect, the legal heirs or the beneficiaries of the will in Kikwan-dong also need to be notarized for the negotiation and signing of the estate division agreement when dividing the estate according to the content of the will, and then the estate transfer procedures can be handled;

3. Donated real estate:

The donee must apply for the "Notarial Certificate of Gift", and the donee must also apply for the "Notarial Certificate of Acceptance of the Gift" or the "Notarial Certificate of Gift Contract" jointly handled by both parties, so that the transfer can be handled;

4. The last category is the transfer of foreign-related and Hong Kong, Macao and Taiwan

The real estate sale and purchase agreement must also be notarized by the notary department before going to the real estate transaction center to go through the transfer procedures.

Legal basisArticle 12 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

The parties may entrust another person to apply for the registration of immovable property on their behalf.

In the case of an application for immovable property registration, the person shall provide the immovable property registration agency with a power of attorney signed or sealed by the person.

Where a natural person disposes of immovable property and entrusts a person to apply for registration, he or she shall go to the real estate registration agency together with the person to sign a power of attorney on the spot, except where the power of attorney is notarized.

Where an overseas applicant entrusts another person to handle the registration of the disposal of immovable property, the power of attorney shall be authenticated or notarized in accordance with the relevant provisions of the State.

You can entrust someone else to handle it. When entrusting someone else to handle it, you can sign a house sale agreement and other terms with others on behalf of the seller. Because some intermediary companies are afraid of trouble or busy with their own work, they propose carte blues, but carte blanche is of great significance, and it is very likely to fall into the trap designed by the intermediary company.

Therefore, the seller must sign the contract carefully, clearly agree on the entrustment matters, especially the time and authority of the entrustment, when signing the power of attorney, and consult relevant professionals if necessary. In addition, if the seller is older, it is advisable for the children to accompany the inquiry and signing.

You can entrust others to apply for real estate certificates. In order to save your time and energy, you can choose to entrust a developer or ** company to handle the real estate certificate. In the case of using bank mortgage loans, some banks force the inclusion of an agreement in the "Housing Mortgage Loan Contract" to "require the developer to assist in the collection of the real estate certificate", in which case the developer or ** company can only be entrusted to handle the real estate certificate.

Even if you entrust the developer or company to handle the real estate certificate, you can still choose whether the developer or the company will collect and pay the deed tax, public maintenance, stamp duty and other taxes on behalf of the developer, or the developer or company will only handle the application procedures for the real estate certificate, and the deed tax and public maintenance and other taxes and fees will be paid by yourself.

The process of entrusting others to apply for real estate certificates:

Step 1: Sign the entrustment agreement.

Usually there is a clause in the "Purchase Contract" regarding the entrustment of the developer to handle the real estate certificate on behalf of the developer, which itself can be regarded as a separate entrustment agreement. In addition, many developers will require the buyer to sign a separate title deed in addition to the "purchase contract" and agree to give them a power of attorney for deed tax and public repairs** before moving in.

Sometimes, the developer will entrust the relevant formalities to a special ** company or lawyer.

At this time, you can also choose that the developer or **company only handles the relevant procedures, and you will pay taxes such as deed tax and public maintenance** by yourself.

Step 2: Pay the real estate certificate agency fee, public maintenance**, deed tax, stamp duty.

When you check in, the developer will often ask you to pay these fees.

Step 3: Collect the title deed at the agreed time.

After the developer or ** company pays the above taxes and fees, you can apply for the real estate certificate and go through the mortgage registration, and you can get the real estate certificate.

If the lending bank seizes the title deed and the purchase contract, you must take the opportunity to carefully verify the entries on the title deed, and if there are any errors in the deeds, you should ask for changes in time.

The real estate certificate refers to the certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law.

As one of the certificates, the real estate certificate has the following significant characteristics: 1. The real estate certificate can only be issued by the real estate authority. 2. The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership of the specific house and whether a security interest is created.

Based on the principle of one property, one right, the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with independent building structure and use function (including the house that distinguishes all the houses) has only one ownership, and only one ownership registration can be registered on the real estate registration, and only one real estate certificate can be issued accordingly. ‍‍

Can the transfer be entrusted to a ** person?

OK. Title certificates, ID cards of both parties, and power of attorney are required.

It can be entrusted, but the principal and the entrusted person need to be notarized.

Answer: The fact of real estate transfer should not be entrusted to others.

Legal analysisThe transfer of real estate requires both parties to bring their respective original ID cards and copies, household registration booklets, marriage certificates, tax payment vouchers, contracts and real estate certificates to handle the clearance of the household. However, both parties need to be present to sign. If the parties of the buyer and the seller cannot be present to handle the real estate transfer procedures, the law stipulates that they can entrust others to handle it on their behalf, and the seller must provide a power of attorney notarized by a notary public to entrust others to handle it, and the buyer can write a power of attorney before hand, indicating the authority and time of entrustment, and can not go through the notarization procedures.

When notarizing, a copy of the real estate certificate (if the property has a land certificate, a copy of the land certificate is also required), the original ID card of the property owner (the property is jointly owned by the husband and wife, and the original ID card and marriage certificate of both husband and wife are also required), and a copy of the ID card of the trustee are all required. Sign the "Power of Attorney" and go to the notary office where the property is located to handle the notarization of the "Power of Attorney" for the transfer of the house to others. After the notarization is completed, the entrusted person can handle the transfer of the house with the "Power of Attorney" and the original ID card.

Legal basisArticle 163 of the Civil Code of the People's Republic of China **includes entrustment** and statutory**. The entrusting person shall exercise the right to exercise the right in accordance with the entrustment of the person being entrusted. The legal person shall exercise the right in accordance with the provisions of the law.

Law of the People's Republic of China on the Administration of Urban Real Estate Article 36 For the transfer and mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of the fifth chapter of this law.

In the transfer of second-hand housing, if the owner is unable to be present, he can entrust another person to sign the transfer by entrusting a notarization, but there are a few points to pay attention to:

1. Whether the content of the notarized entrustment includes all the contents of the transfer process. For example, if you sign the sales contract on your behalf, you will grind the transfer procedures and collect the house payment on your behalf.

2. The validity time of notarization, generally the entrusted notarization has an entrustment period, please pay attention to whether it is overdue.

3. The authenticity of the certificate can be inquired at the notary public that handles the notarization.

If the above conditions can be met, there will be no legal disputes, and the landlord will not accompany the owner to say that he did not know and overturn the contract.

You can entrust others to handle the procedures for transferring the ownership of the house.

Entrusting others to help the transfer of real estate requires the parties to provide a letter of grant, designate a person to transfer the house instead of a ruler, and hand over the certificate, ID card, household registration book, marriage certificate, and real estate certificate of the house to the designated person.

According to Article 15 of the National Housing Registration Measures, when applying for housing registration, the applicant shall use a Chinese name or name. If the original supporting documents submitted by the applicant are in a foreign language, a Chinese translation shall be provided.

If the person is entrusted to apply for housing registration, the person shall submit a power of attorney and a certificate of identity. If an overseas applicant entrusts a person to apply for housing registration, the power of attorney shall be notarized or authenticated in accordance with the relevant provisions of the state.