If you buy a house from someone else and need to change your name, does it have anything to do with

The so-called name change is that the original seller still has a subscription book in his hand, and the house has not yet been filed in the real estate transaction center. If you change your name now, you will save on taxes and fees. That is, it is equivalent to buying directly from the developer.

If the original seller of the house has signed a purchase contract and filed it, then it cannot be renamed. You can only go through the transfer procedures after the title deed is issued. You have to go through the real estate transaction center. Because the original seller is less than 5 years old, the property right will be subject to high individual income tax and business tax.

Generally speaking, if you change your name, you will need a little benefit fee to start a business and hair, which is the so-called name change fee. However, 3% is a bit high.

If you don't know something, send me a message. I know a lot about the whole deal.

If you exchange the contract through the developer, it means that the previous contract is invalid and will be processed according to the check-out.

Then it is normal for the developer to charge a handling fee.

As for what you said, this is not accurate. We charge 30 per square meter, or even 30% of the total price.

After the developer has changed the contract, the developer will take out the original contract from the housing authority; It is equivalent to the fact that the house is not sold. You re-sign the contract so that you don't have to pay taxes a second time.

If you have already started to apply for the real estate certificate, or even have already done it; It doesn't make sense for you to go to the developer again. It can only be purchased through second-hand housing.

It would be nice to change the name of 3%, after all, the high tax is much higher than that. **In order to restrict speculation, it is not allowed to change the name, but many places have not yet begun to implement it.

It's good if he changes it for you. Money is given. But this is generally the responsibility of the original owner to change, and you can only negotiate between you. Some developers still haven't changed it. Good luck!

1. Can the name of the purchase contract be changed?

First of all, you need to know whether your purchase contract has been filed with the District Housing and Urban-Rural Development Bureau, and if your contract has been filed, you will not be able to change your name.

According to the "Opinions on Doing a Good Job in Stabilizing Housing" promulgated by the state, it is clearly stipulated that the pre-purchaser of commercial housing cannot transfer the purchased unfinished pre-sold commercial housing. Before the completion and delivery of the pre-sold commercial housing and the pre-purchaser obtains the house ownership certificate, the real estate property right certificate registration department shall not handle the transfer and other formalities for it.

Therefore, if your purchase contract has already been filed, you cannot trade by changing your name. If your contract has not been filed, but has been signed online, and you are already going through the provident fund loan procedures, it is recommended that you negotiate with the developer, if the developer agrees, you can first cancel the contract, and after the original contract is revoked, then sign a contract with your friend to re-file, which is okay.

2. How to change the name of the purchase contract?

The process of changing the name of the purchase contract is as follows:

1. Failure to complete online signing and filing (before pre-sale registration).

At this stage, if the buyer wants to change the name of the buyer or add a buyer, the procedure is not complicated. It is only necessary to communicate with the developer, and if the developer agrees, the original contract can be revoked and a new purchase contract can be signed.

1) If the buyer has signed a pre-purchase agreement with the developer and paid a deposit for the purchase of the house, this reservation contract is only a guarantee for the signing of a formal contract, not a real contract for the sale and purchase of the house, so this process is still the preliminary stage of buying a house. At this time, if you want to change the name of the contract, it is relatively simple, and the name change is just to terminate the original contract and sign a new contract, so the name change procedure is relatively simple.

2) If a formal purchase contract has been signed, but it has not been registered with the CFETS, the name change of the contract is limited to terminating the original contract and re-signing the contract. In this case, the contract name change procedure is also relatively simple.

2. The online signature has been completed and the filing has been completed (after the pre-sale registration).

If the new buyer has an immediate family relationship with the buyer, then the name can be changed on the pre-sale contract, and a notarized certificate of kinship shall be issued at the time of processing. If there is no family relationship, it should be handled in accordance with the pre-sale transfer procedure, that is, the original buyer shall submit an application to revoke the contract for filing and re-sign the purchase contract.

However, it should be noted that some cities stipulate that the purchase contract that has been successfully filed cannot be directly transferred, so you still need to consult the local housing and urban-rural development bureau for specific situations.

If the second-hand house real estate certificate is not down, can you go to the real estate bureau to change your name?

Because there is no real estate certificate, only the purchase contract cannot be changed, because it has been filed with the housing authority, and the real estate certificate will still be in the name of the original owner in the future. Under normal circumstances, the case of changing the name of the real estate certificate is mainly divided into direct addition, gift: 1, direct addition:

Adding the name of a spouse during the marriage can be added directly. If the property is joint property of the husband and wife during the marriage, even if only one person's name is written on the title deed, it is considered the joint property of both parties. Therefore, during the marriage, if you need to go through the procedures for adding the name of the real estate certificate, you only need to bring the marriage certificate, the house certificate, the original and the copy of the ID card to the "change registration" window of the real estate transaction center.

2. Gifts: The scope of gifts includes non-marital periods and relatives and friends. That is, the real estate certificate plus children, parents and other relatives or friends can be made by gift.

Risks:

Determine whether the right holder of the direct name change is the person who originally signed the purchase contract with the developer, whether there are other relevant rights holders, and whether other rights holders agree**. Whether the developer has not filed and registered the contract, whether the developer agrees to change the name, whether there are additional fees and conditions for agreeing to the name change, and who bears the cost if there is a fee.

Process:

The transaction process is the same as the general transaction process for the purchase of a new house, after reaching an agreement with the original owner, the purchase contract is re-signed with the developer, and if you need a loan, you will go to the bank to sign the loan contract, and all the contracts will be taken by the developer to the housing authority for the record, pay taxes, hand over the house, and obtain the certificate.

Precautions for buying a house:

1. The name change house is equivalent to buying a house in the hands of the developer without signing online, and it is necessary to make sure that the house is indeed not signed online, and the developer cooperates with the name change procedures.

2. Ask whether there is a name change fee for name change, and the specific fee.

3. According to Article 38 of the Law of the People's Republic of China on the Management of Urban Real Estate:"Real estate that has not been registered in accordance with the law to receive a certificate of ownership shall not be transferred".

4. Although there is no clear regulation to characterize a house purchase contract signed in violation of this provision as an invalid contract, if one party claims that it is invalid, the legal effect of the house purchase contract cannot be guaranteed. If either party does not recognize the content of the contract, it will lead to the invalidity of the contract, and the risk is indeed greater.

I can tell you clearly, as long as the person who sells your house is not **, then there is no big problem, but as a buyer, the safer the better, so you still have to find a third party to be a witness, and leave a part of the purchase price in the third party, make a deposit for safekeeping, and then give him the rest of the purchase money after he helps you change your name.

It looks complicated, but it's actually very simple, as long as you are careful.

Absolutely. Can the developer change the name on the title deed with you? If you pay the money, you can't get the real estate certificate in your name, which is a fart. If I'm not happy that day, I can ask you to move out. There is nothing to be subsidized yet.

There are risks, but there are generally no major problems, I have operated a lot, it depends on the management of your city, the biggest risk comes from taxation. You need to ask the name to know in whose name the KFS is paying the deed tax, if it can be paid in your name, then there is no risk. If you have paid it before, but not in your name, and the tax office does not give you a tax refund, then you risk that you will need to pay the deed tax again.

If you have not yet applied for the title certificate of the property you bought, then change the name of the original contract at KFS (remember to change the name of the record if there is a record) or cancel and re-sign it, and the name on the contract shall prevail when applying for the property ownership certificate.

I hope it will be adopted by you, so I will add the question if I am not sure.

Legal Analysis: Developers cannot charge a name change fee for changing the name of a property. If a house that has been formally filed with the Housing Authority, if it needs to be renamed or transferred, it only needs to pay a transaction fee of 3 yuan per square meter, and in principle, the developer cannot charge any fees.

In either case, there is no legal basis for the developer to charge the name change fee, which is unjust enrichment, and the owner has the right to refuse to pay it. In principle, a house that has not been officially handed over is not allowed to change its name, unless there is a major reason, such as going abroad or illness. Therefore, it is not possible to charge a name change fee, this needs to be formally filed in the housing authority, and there are only some handling fees, and the developer is not allowed to collect it privately, if it is found, you can report it.

Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil subjects enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Effective January 1, 2021).

Hello, it is calculated according to 20% of the price of your house, which is currently about 2000 3000, and the transfer fee for the inheritance of house property rights includes: notary fee, paid at 2% of the house price; The registration fee for house ownership is 80 yuan.

The cost of changing the name of the house is calculated according to the following standards: Taxes and fees payable by the buyer: 1. Deed tax:

If the area of the house is more than 144 square meters, you need to pay 3%, and if the area is less than 90 square meters and it is the first house, you can pay 1%); 2. Stamp duty: of the house payment; 3. Transaction fee: 3 yuan per square meter; 4. Surveying and mapping fee:

yuan per square meter.

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Question: What are the risks of buying a renamed house?

It's very risky, and there is no purchase contract, just a name change, nothing works, ask.

There are those risks, there are intermediaries, and there should be a purchase contract

Are you buying, or are you just changing your name?

I thought you were gifted to you by a relative, you are buying a second-hand house, there must be a purchase contract, and the real estate certificate is also in your name at that time, there is no risk, it has legal effect, more than 10 articles.

I can tell you clearly, as long as the person who sells your house is not **, then there is no big problem, but as a buyer, the safer the better, so you still have to find a third party to be a witness, and leave a part of the purchase price in the third party, make a deposit for safekeeping, and then give him the rest of the purchase money after he helps you change your name.

It looks complicated, but it's actually very simple, as long as you are careful.

Wait until you get the real estate certificate within three months of receiving the house, and your name is written, which is not a big problem. The registration of the housing management is legally valid. And now that you have described that it has been pre-registered, then the developer cannot effectively and legally resell it to others without your consent.

But there are two things to note:

1. Pay attention to how the contract is agreed, whether there are restrictions on internal subscription, such as the internal price of the house, can not be transferred to others, if transferred to others need to make up the difference, otherwise the contract is invalid and so on.

2. If the house cannot be delivered by then, then the refund will be made according to the amount shown on the invoice at the time of check-out. I hope that you and the sales manager will form a paper agreement on the difference.

Developers who change the name of a property to imitate lead cannot charge a name change fee. If a house that has been formally filed with the housing authority needs to be renamed or transferred, it only needs to pay a transaction fee of 3 yuan for the square meter, and in principle, the developer cannot charge any fees.

Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil subjects enjoy creditor's rights in accordance with law. A creditor's right is the right of a right holder to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Legal Analysis: Developers cannot charge a name change fee for changing the name of a property. If a house that has been formally filed with the Housing Authority, if it needs to be renamed or transferred, it only needs to pay a transaction fee of 3 yuan per square meter for the branch office, and in principle, the developer cannot charge any fees.

Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil subjects enjoy creditor's rights in accordance with law. A creditor's right is the right of the right holder to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, preparation for undue enrichment and other provisions of the law.