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You can sell it, you don't need to re-lend. When someone buys your house, they settle it with you in a lump sum, and you can return the money to the bank. If someone else needs a loan like you, after he gets the bank loan approval, the bank will remit the house payment to you at one time, and you can find the bank to settle your loan at one time.
It's very simple, just collect the money and transfer the ownership. But you need to go to the bank to apply for early repayment, so that all the interest calculation methods are different from the original number, the interest will be much less, remember not to suffer. If you want to sell a house, it's best to find an intermediary, one is that it will sell relatively better, and it saves a lot of trouble, and there is a middleman guarantee.
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It's completely possible, otherwise who will sell the houses for speculation?
First of all, do you have a home?If you don't have it, you can go to the intermediary to list it, and then the intermediary will help you figure it out, generally speaking, the intermediary fee is paid by the buyer.
The specific procedures are to go to the real estate trading center, and the bank loan goes to the original lending bank.
The general practice is that you take the down payment of the next family, go to repay the bank loan, and then the bank releases the mortgage on your house, and you go to the transfer.
If you are afraid of trouble, you can find an intermediary directly.
As a word of advice, you can't transfer the property without receiving the money, otherwise the risk is too great.
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Yes. It's best to find an agency. It's okay to pay a little more for the agency. As long as the house sells for a good price, it's fine. The formalities are more complicated. It is not recommended for individuals.
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It is advisable to ask the housing authority as it is the safest and most comprehensive.
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As long as you have a real estate certificate and meet the regulations, you can buy and sell!
When signing an agreement with the buyer, he can change part of the payment to a loan transfer!
It's best to find an agent to take care of it.
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Find a sincere person who is willing to buy, and handle the sales contract at the housing exchange according to the regulations, and the fee is regulated. You don't have to go through an intermediary. The loan can be remortgaged.
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Now it is generally only possible to repay your money in advance for half a year.
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Legal Analysis: The steps of off-plan transfer are: Step 1:
Sign a pre-sale contract. Before the transfer of off-plan housing, the transferor must sign a pre-sale contract with the real estate development enterprise, and after the pre-sale registration with the real estate management authority, the first step must be to sign the pre-sale contract. Step 2:
Notify the developer in writing. If the transferor fails to pay off the total price agreed in the pre-sale contract of the commercial house, the consent of the real estate development enterprise shall be obtained at the time of transfer; If the total price has been paid in full, the transferor shall notify the real estate development enterprise in writing of the transfer of the pre-purchased commercial housing and obtain the consent of the developer. Step 3:
Contract of assignment and registration. The transferor signs a pre-sale transfer contract with the transferee, and registers the pre-sale change after the contract is signed. After the contract is transferred, the transferee obtains all the rights that the transferor should enjoy as stipulated in the original commercial housing pre-sale contract.
Legal basis: Article 221 of the Civil Code of the People's Republic of China If a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.
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Legal Analysis: Allowed. Off-plan housing refers to the houses that are under construction, have not yet completed construction, and cannot be delivered for use, which is called off-plan housing.
Property cannot be transferred without a title certificate. Since the off-plan property has not yet been delivered, it is not possible to obtain a state-issued title deed. However, the pre-sale contract can be transferred.
Off-plan housing refers to the houses that are under construction, have not yet completed construction, and cannot be delivered for use, which is called off-plan housing. According to Article 38 of the Real Estate Management Law of the People's Republic of China, it can be seen that real estate cannot be transferred without obtaining a certificate of ownership. Since the off-plan property has not yet been delivered, it is not possible to obtain a state-issued title deed.
From a legal point of view, the off-plan property without obtaining the property right certificate cannot be transferred, but the pre-sale contract can be transferred. Judging from the current practice, the pre-purchase contract can be transferred, but the implementation method is different from place to place. Take Beijing as an example:
The transfer of a pre-sale contract must comply with the statutory conditions and comply with the legal procedures. Article 44 of the Administrative Measures for the Transfer of Urban Real Estate in Beijing stipulates that if the purchaser transfers the pre-purchased commercial housing after the registration and filing of the pre-sale contract and before the completion of the commercial housing, it shall be handled in accordance with the following circumstances:
1) If the total price agreed in the pre-sale contract of the pre-sale commercial housing has not been paid in full, the pre-purchaser shall obtain the consent of the real estate development enterprise;
2) If the total price agreed in the pre-sale contract of the pre-sold commercial housing has been paid in full, the pre-purchaser shall notify the real estate development enterprise in writing of the transfer of the pre-sold commercial housing. In the case of the transfer of pre-purchased commercial housing, the pre-purchaser and the transferee shall sign a written contract, and within 15 days after the contract is signed, in accordance with the provisions of Article 40 of these measures, apply to the original registration authority for the registration and filing of the pre-sale contract. Legal basis:
Article 38 of the Real Estate Management Law of the People's Republic of China shall not transfer the following real estate:
1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;
2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;
Legal basis: "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, you shall apply for registration with the local people's land management department at or above the county level, and the local people's land management department at or above the county level shall verify that the land use right certificate shall be issued by the people at the same 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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According to the relevant provisions of the Real Estate Management Law, the buyer cannot transfer the property without obtaining the ownership certificate; Because the off-plan property has not yet been delivered, it is not possible to obtain the real estate certificate issued by the state, so the off-plan property without the property right certificate cannot be sold and traded, but the pre-sale contract can be transferred. Article 38 of the "Real Estate Management Law of the People's Republic of China" stipulates that the following real estate shall not be transferred: (1) The land use right is obtained by way of transfer, which does not meet the conditions stipulated in Article 39 of this Law; 2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances in which laws and administrative regulations prohibit transfer.
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Legal Analysis: Off-plan properties can be sold. However, it can only be sold if it meets the conditions stipulated in Article 5 of the Administrative Measures for the Pre-sale of Urban Commercial Housing
1) All land use right transfer fees have been paid and land use right certificates have been obtained; (B) holding construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.
Legal basis: "Measures for the Administration of Pre-sale of Urban Commercial Housing" Article 5 The pre-sale of commercial housing shall meet the following conditions: (1) All land use right transfer fees have been paid and land use right certificates have been obtained; (B) holding construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.
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Legal analysis: The off-plan property can be sold, as long as the owner of the off-plan property has signed a pre-sale contract with the developer, he can transfer the off-plan property he has purchased. As long as the transfer of the head of the off-plan property is completed, the transferee can enjoy all the rights that the original transferor had when he purchased the house.
The transfer price of the off-plan property is not bound by law, so the price is an unrestricted free price, and the transferor and the transferee can freely negotiate the price, and then sign a sales contract on the price that has been set.
Legal basis: Civil Code of the People's Republic of China
Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.
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Off-plan properties can be bought and sold. However, it is necessary to comply with the legal conditions and comply with the legal procedures. Off-plan properties are those properties that have not yet been built, which is the opposite of existing properties. Generally, real estate developers need to obtain the corresponding qualifications before they can sell off-plan properties.
The pre-sale of commercial housing is covered by a wide range of items.
A) has delivered all the land to make the credit right transfer money, to obtain the land use right certificate;
(B) holding construction project planning permits and construction permits;
(3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.
Whether it is illegal to buy and sell off-plan properties.
There have always been parties who are entangled in the fact that the off-plan house has not yet been completed and the property certificate has not yet been issued, can such a house be bought and sold? Even if it is signed, will it be invalid because it is illegal? In fact, what we usually call "off-plan property restriction" means that the transfer of off-plan housing cannot be handled by the trading center as usual, and there is no impact on the legal validity of the off-plan sales contract.
The High People's Court has pointed out in a written opinion that the transfer of off-plan housing cannot be determined solely because the seller has not obtained the real estate ownership certificate, and although the seller does not have the property certificate and does not enjoy the ownership of the house, he has a creditor's right according to the sales contract, and the transfer of the creditor's rights is a right conferred by law.
What should I pay attention to when buying and selling off-plan properties?
1. The main terms in the contract: mainly the basic situation, planning and design, price and payment method, and liability for breach of contract of the off-plan house must be clear, because in the off-plan transaction, the buyer often sees the model of the building in the community, the floor plan of the house, and cannot see the real situation of the house.
2. Specific and clear agreements should be made in the contract to provide an effective basis for the actual delivery of the house. Buyers need to carefully review whether the contract includes the location, construction area, land use right certificate number, method of obtaining the right of use, nature of land use, time limit, pre-sale license number, construction project planning permit number, structure of the house, floor plan, decoration standards, completion delivery date, etc.
3. In practice, when the two parties enter into a commercial housing pre-sale contract, it is often a format contract, which is a printed text provided by the developer, so the buyer often has no choice, at this time, the buyer needs to read the content of the contract text carefully, and if there is something that is not understood, it must be asked clearly, especially the part that is crossed by the horizontal line, because the text on the horizontal line is typed by the developer himself, if the agreement is not clear, you can negotiate with the developer, reach a supplementary agreement, and file it with the real estate management bureau, and the buyer and seller are validly established.
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